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From @nytimes, here are @MichaelCohen212's prepared remarks for tomorrow. And there are some significant allegations of crimes, perhaps including suborning perjury. H/t @benjaminwittes Boom. 1/
int.nyt.com/data/documenth…
int.nyt.com/data/documenth…
2/ "Mr. Trump did not directly tell me to lie to Congress. That’s not how he
operates. In conversations we had during the campaign, at the same time I was
actively negotiating in Russia for him, he would look me in the eye and tell
me there’s no business in Russia..."
operates. In conversations we had during the campaign, at the same time I was
actively negotiating in Russia for him, he would look me in the eye and tell
me there’s no business in Russia..."
3/ "...and then go out and lie to the American people by saying the same thing. In his way, he was telling me to lie."
There were at least a half-dozen times between the Iowa Caucus in
January 2016 and the end of June when he would ask me “How’s it going
in Russia?”...
There were at least a half-dozen times between the Iowa Caucus in
January 2016 and the end of June when he would ask me “How’s it going
in Russia?”...
4/ " – referring to the Moscow Tower project.
You need to know that Mr. Trump’s personal lawyers reviewed and edited
my statement to Congress about the timing of the Moscow Tower
negotiations before I gave it..."
You need to know that Mr. Trump’s personal lawyers reviewed and edited
my statement to Congress about the timing of the Moscow Tower
negotiations before I gave it..."
5/ "To be clear: Mr. Trump knew of and directed the Trump Moscow
negotiations throughout the campaign and lied about it. He lied about it
because he never expected to win the election. He also lied about it
because he stood to make hundreds of millions of dollars..."
negotiations throughout the campaign and lied about it. He lied about it
because he never expected to win the election. He also lied about it
because he stood to make hundreds of millions of dollars..."
6/ "So I lied about it bc Trump had made clear to me,
through his personal statements to me that we both knew were false &
through his lies to the country, that he wanted me to lie. He made it clear to me because his attorneys reviewed my statement before I gave it to Congress."
through his personal statements to me that we both knew were false &
through his lies to the country, that he wanted me to lie. He made it clear to me because his attorneys reviewed my statement before I gave it to Congress."
7/ Review the @BuzzFeed @a_cormier_ @JasonLeopold story from last month: "Cohen also told the special counsel that after the election, the president personally instructed him to lie."
Cohen is now explaining how Trump instructed him implicitly but clearly.
buzzfeednews.com/article/jasonl…
Cohen is now explaining how Trump instructed him implicitly but clearly.
buzzfeednews.com/article/jasonl…
8/ 18 USC Section 1622: "Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both."
Procure = obtain; cause or persuade someone to do something.
law.cornell.edu/uscode/text/18…
Procure = obtain; cause or persuade someone to do something.
law.cornell.edu/uscode/text/18…
9/ I have not yet done research about whether courts have held that "procuring" can be implicit, but definitions of "procure" suggests that one can obtain/cause/persuade through implicit but unmistakable signals.
It would also be absurd to require magic words like "Go perjure."
It would also be absurd to require magic words like "Go perjure."
10/ Cohen is saying signals continued after the election through his congressional testimony: "Trump had made clear to me...that he wanted me to lie. & he made it clear to me because his personal attorneys reviewed my statement before I gave it to Congress."
But I'd suggest...
But I'd suggest...
11/ ...that the House Oversight Comm. should ask follow-up questions to clarify how Trump himself sent any signals before the congressional testimony. The proximity of signals to the timing of the testimony does matter, and this prepared statement isn't clear.
Cc: @joshgerstein
Cc: @joshgerstein
12/ I highlight @joshgerstein's reply, because I think this is the discrepancy between Cohen's prepared testimony and the @BuzzFeed story:
Did Trump "personally instruct" Cohen after the election closer to the testimony? Or just lawyers approving?
Did Trump "personally instruct" Cohen after the election closer to the testimony? Or just lawyers approving?
13/ Cohen's testimony on the June Trump Tower meeting on p. 16-18 is juicy and provocative, but not solid or clear enough to be anything close to a game-changer. Sorry.
14/ Cohen's testimony that Trump knew Stone was in contact w/ Assange, and Stone told Trump about Assange's dumps, is also intriguing, but prob not a game-changer in itself.
But did Trump lie about it in his written answers to Mueller?
And is Cohen's lone account enough? Prob not
But did Trump lie about it in his written answers to Mueller?
And is Cohen's lone account enough? Prob not
15/ Bottom line: The most damaging part of Cohen's testimony is whether Trump suborned perjury. But his written testimony is still too vague about timing: How close was the personal contact/signal to the congressional testimony?
The House Committee needs to step up and ask.
The House Committee needs to step up and ask.
16/ In this @Slate piece last summer, I laid out the conspiracy case against Trump if he knew of hacking and sent signals to Russa in June and July 2016. But it's not clear yet from Cohen's testimony that he can corroborate and move this case forward. slate.com/news-and-polit…
