In advance of Cohen’s testimony, I will list the crimes suggested by his opening statement.
You can read his statement here: politico.com/f/?id=00000169…
First Crime: Campaign finance violation (and/ or aiding and abetting campaign finance violation)
What happened was this:
Federal law also treats a loan to a campaign the same as a contribution, so even though Trump repaid Cohen . . .
fec.gov/help-candidate…
Aiding and abetting is a theory of liability that means you help with the commission of a crime.
law.cornell.edu/uscode/text/18…
Looks like Trump aided and abetted a campaign finance violation.
The Trump family stealing from the Trump Foundation is already the subject of this NY AG lawsuit. More on that here:
law.cornell.edu/uscode/text/18…
Whoever procures another to commit any perjury is guilty of subornation of perjury. 18 U.S. Code § 1622.
Cohen explains that how Trump indirectly encouraged him to lie to Congress.
Remember the flap when Buzzfeed reported that “Trump directed Cohen to lie” and Mueller’s office said it was not accurate?
It looks like, in truth, Cohen said something more nuanced. . .
The crime here would be Aiding and Abetting cyber crimes or Accessory after the Fact. (Accomplice liability).
law.cornell.edu/uscode/text/18…
Accessory after the Fact means you learn about a crime after it happens & help the perpetrators, or help them hide the crime.
Michael Cohen paints a vivid picture of a self-dealing, dishonest con man who normalizes lying.
It will be interesting to see what comes out in the questioning.
It will also be interesting to watch the response of the GOP after the testimony.
In describing the coded way Trump signals the lies he expects his people to tell, Cohen described a cult of leadership (as well as mob behavior, of course).
This must inform a strategy moving forward. Don't expect a Watergate ending.