, 8 tweets, 2 min read Read on Twitter
Let us speak for a moment about Michael D. Cohen v. Trump Organization LLC, filed today in the Supreme Court of the State of New York, which is actually just what they call their trial courts, but they want to convey their trial courts are the very best trial courts.

/1
/2 Cohen has sued the Trump Org for breach of contract and several other things that pretend not to be breach of contract but actually are. The core claim is one for "indemnity," which is lawyer for "I'm not paying for this, asshole."
/3 Cohen argues that the Trump Org is contractually obligated to pay his attorney fees for all his civil, Congressional, and criminal litigation, because it all arose from his contract with Trump Org. He says Trump Org didn't pay because he cooperated.
/4 [Cohen ought to know by now that Trump routinely doesn't pay people like him, but he was Trump's fixer, not Trump's rocket science guy.]
/5 Here's one of the most interesting issues in the case: can you indemnify crime?

In many jurisdictions -- I don't know about New York -- there's a doctrine saying you can't contract to provide indemnity for criminal acts, and such a contract is unenforceable.
/6 Now it's a step more complicated when the indemnity is for DEFENSE, not for paying fines, but there are still legal pitfalls on the issue. New York practitioners out there?

Anyway, this will be fun. And complicated by Cohen going to federal prison.
/7 I mean, you can depose him in prison, but it's rough. {Flashback to story time.]

/8 So: watch for Trump Org to move to dismiss and, likely, make arguments about whether they can be required to indemnify criminal cases, cases involving intentional acts, or Congressional testimony.

/end
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