Michael Cohen

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bob
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Re: Michael Cohen

#2951

Post by bob » Sun Jan 20, 2019 3:00 pm

Reality Check wrote:
Sun Jan 20, 2019 2:51 pm
Could Cohen invoke his Fifth Amendment rights since he has already cut a plea deal or would he face Contempt of Congress charges if he refused to testify?
As always, "it depends." It depends on the scope of the plea agreement, and the question posed.

But IIRC, Cohen's plea agreements didn't cover his congressional testimony, so he could invoke again (as perjury would be another, separate crime). With the real world answer being that Cohen has an incentive to win the prosecutor's favor, so there may an informal quid-pro-quo at play (i.e., sing and we'll recommend that your sentence be reduced).
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Mikedunford
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Re: Michael Cohen

#2952

Post by Mikedunford » Sun Jan 20, 2019 3:25 pm

What bob said.

Also, for a really good legal take on this stuff from someone with genuine expertise in the area, I can't recommend the All the President's Lawyers podcast strongly enough. It's done by KCRW (NPR affiliate in Santa Monica), hosted by Josh Barro and Ken "Popehat" White. Ken White does federal criminal defense and genuinely knows the territory. I'm sure he's going to cover exactly those questions as the hearing approaches.

New episodes run about a half-hour and go up on Wednesdays.

https://www.kcrw.com/news-culture/shows ... ts-lawyers
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Re: Michael Cohen

#2953

Post by Dan1100 » Sun Jan 20, 2019 3:44 pm

bob wrote:
Sun Jan 20, 2019 3:00 pm
Reality Check wrote:
Sun Jan 20, 2019 2:51 pm
Could Cohen invoke his Fifth Amendment rights since he has already cut a plea deal or would he face Contempt of Congress charges if he refused to testify?
As always, "it depends." It depends on the scope of the plea agreement, and the question posed.

But IIRC, Cohen's plea agreements didn't cover his congressional testimony, so he could invoke again (as perjury would be another, separate crime). With the real world answer being that Cohen has an incentive to win the prosecutor's favor, so there may an informal quid-pro-quo at play (i.e., sing and we'll recommend that your sentence be reduced).
It depends, but if it works like a normal case of someone taking the fifth in a non-criminal case, the burden is on the Congress to show that Cohen's answer could not possibly incriminate him. Without knowing what Cohen's answer would be, Congress would have to show that there is no possible answer that could incriminate Cohen. That is a very difficult burden to meet.
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Re: Michael Cohen

#2954

Post by Somerset » Sun Jan 20, 2019 3:46 pm

Mikedunford wrote:
Sun Jan 20, 2019 3:25 pm
What bob said.

Also, for a really good legal take on this stuff from someone with genuine expertise in the area, I can't recommend the All the President's Lawyers podcast strongly enough. It's done by KCRW (NPR affiliate in Santa Monica), hosted by Josh Barro and Ken "Popehat" White. Ken White does federal criminal defense and genuinely knows the territory. I'm sure he's going to cover exactly those questions as the hearing approaches.

New episodes run about a half-hour and go up on Wednesdays.

https://www.kcrw.com/news-culture/shows ... ts-lawyers
Off Topic
Subscribed. Thanks, Mike!

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Re: Michael Cohen

#2955

Post by Reality Check » Sun Jan 20, 2019 4:50 pm

Thanks Bob, et. al. I would have laid down pretty good odds the answer would contain "it depends" but the answers help.
Off Topic
And thanks Mike for the link to the podcast. I subscribed to that one. I would also recommend Pod Save America with Jon Favreau and Stay Tuned with Pete [Bharara] if you haven't heard those.
"“If you’re not outraged, you’re not paying attention.”

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Re: Michael Cohen

#2956

Post by Whip » Sun Jan 20, 2019 6:08 pm

Reality Check wrote:
Sun Jan 20, 2019 4:50 pm
Thanks Bob, et. al. I would have laid down pretty good odds the answer would contain "it depends" but the answers help.
Off Topic
And thanks Mike for the link to the podcast. I subscribed to that one. I would also recommend Pod Save America with Jon Favreau and Stay Tuned with Pete [Bharara] if you haven't heard those.
you sure it's not 'save Captain America' since rumor has it he gets killed of in Avengers Endgame?

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Sam the Centipede
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Re: Michael Cohen

#2957

Post by Sam the Centipede » Mon Jan 21, 2019 12:32 am

I guess fifth amendment rights don't cover "I'm a habitual liar so testifying to your committee would inevitably involve me lying, thereby exposing myself to serious perjury charges, so I must be silent." :blackeye:

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Re: Michael Cohen

#2958

Post by Reality Check » Mon Jan 21, 2019 12:45 am

Whip wrote:
Sun Jan 20, 2019 6:08 pm
:snippity:
you sure it's not 'save Captain America' since rumor has it he gets killed of in Avengers Endgame?
No, I'm sure. This Jon Favreau was a speechwriter for President Obama.

https://en.wikipedia.org/wiki/Jon_Favre ... echwriter)

Pod Save America
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Re: Michael Cohen

#2959

Post by Volkonski » Mon Jan 21, 2019 11:34 am

Jennifer Forsyth

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After Michael Cohen failed to rig a 2014 CNBC online poll to rank Donald Trump as among the “top business leaders,” the lawyer threatened to sue the network https://www.wsj.com/articles/cohen-thre ... 1548075720 … via @WSJ
Image“If everyone fought for their own convictions there would be no war.”
― Leo Tolstoy, War and Peace

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Whip
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Re: Michael Cohen

#2960

Post by Whip » Mon Jan 21, 2019 12:01 pm

Reality Check wrote:
Mon Jan 21, 2019 12:45 am
Whip wrote:
Sun Jan 20, 2019 6:08 pm
:snippity:
you sure it's not 'save Captain America' since rumor has it he gets killed of in Avengers Endgame?
No, I'm sure. This Jon Favreau was a speechwriter for President Obama.

https://en.wikipedia.org/wiki/Jon_Favre ... echwriter)

Pod Save America
damn #comedyfail

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Re: Michael Cohen

#2961

Post by Foggy » Mon Jan 21, 2019 12:31 pm

Off Topic
Whip wrote:
Mon Jan 21, 2019 12:01 pm
damn #comedyfail
Oh, so you think Captain America getting killed is funny, do you?
:madguy: :smokeears:




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NMgirl
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Re: Michael Cohen

#2962

Post by NMgirl » Tue Jan 22, 2019 9:07 am

What? No swimming pool? It's an outrage. When I go to prison, I'm going to one in Hawaii, with beach frontage and a golf course.
Michael Cohen’s Prison of Choice: Well-Known to Jewish Offenders

When Michael Cohen, President Trump’s former lawyer, was sentenced last month to three years in federal prison on fraud charges, he had the right to request any number of prison camps favored by white-collar offenders for their relatively resort-like settings.

But Mr. Cohen chose a shabby, low-slung building 75 miles northwest of New York City, with an antiquated weight room, an uneven tennis court and no swimming pool.

What the minimum-security camp at the Federal Correctional Institution in Otisville, N.Y., does offer is a rarity in the federal prison system: a full-time Hasidic chaplain who oversees a congregation of dozens of Jewish inmates who gather for prayer services three times a day.

“For a Jewish person, there is no place like Otisville,” said Earl Seth David, 54, a former inmate who attended kosher meals, religious classes and weekly Shabbat services in the prison shul, a shared space where the Torah scrolls are locked up every night.
https://www.nytimes.com/2019/01/22/nyre ... tw-nytimes
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Re: Michael Cohen

#2963

Post by Volkonski » Tue Jan 22, 2019 1:51 pm

Manu Raju

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GOP says Michael Cohen rep told them he won’t testify on issues under investigation, suggesting that Trump Tower Moscow talks may be off limits as well as hush-money scandal. Cohen doesn’t want to testify again - open or closed. per @jaketapper @jeremyherb
Image“If everyone fought for their own convictions there would be no war.”
― Leo Tolstoy, War and Peace

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Re: Michael Cohen

#2964

Post by NMgirl » Tue Jan 22, 2019 9:21 pm

Volkonski wrote:
Tue Jan 22, 2019 1:51 pm
Manu Raju

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@mkraju
35m35 minutes ago
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GOP says Michael Cohen rep told them he won’t testify on issues under investigation, suggesting that Trump Tower Moscow talks may be off limits as well as hush-money scandal. Cohen doesn’t want to testify again - open or closed. per @jaketapper @jeremyherb
How does it feel to be in the minority, boys? Lanny Davis is having some fun teasing Jordan and Meadows.
Reps. Jim Jordan and Mark Meadows, senior Republicans on the House Oversight Committee, released a letter to Cohen's attorney Guy Petrillo discussing their conversation with another Cohen attorney, Lanny Davis. In the letter, Jordan and Meadows write that Davis told them Cohen's testimony was likely to be "unsatisfying" and "frustrating" because of the topics that would be off limits.

"According to Davis, the sole purpose of Cohen's appearance before the committee is to allow Cohen to share his personal anecdotes about his time working for the then-private citizen Donald J. Trump, and his experiences after Mr. Trump became President," Jordan and Meadows wrote. "Pressed on how Cohen's testimony is jurisdictionally related to the committee's role in overseeing the functioning, efficiency and effectiveness of the federal government, Davis stated Cohen has 'anecdotes about his time with the President.'"
:snippity:

But Jordan, the top Republican on the committee, has accused Cummings of using the panel "as a venue for political theater." Tuesday's letter adds to the criticism both Jordan and Meadows have leveled over the decision to have Cohen testify, pointing to his false testimony to Congress and the fact that he cooperated with Mueller's investigation.
https://www.cnn.com/2019/01/22/politics ... 1548209391
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Re: Michael Cohen

#2965

Post by Slim Cognito » Wed Jan 23, 2019 8:14 am

They can dish it out but they can't take it.
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Re: Michael Cohen

#2966

Post by Kendra » Wed Jan 23, 2019 8:46 am

:violin:
The poor dears.
Slim Cognito wrote:
Wed Jan 23, 2019 8:14 am
They can dish it out but they can't take it.

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Re: Michael Cohen

#2967

Post by fierceredpanda » Wed Jan 23, 2019 10:12 am

The party of endless Benghazi hearings is whining because the majority is going to have hearings for the sake of political theater?

:yankyank:
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Re: Michael Cohen

#2968

Post by Tiredretiredlawyer » Wed Jan 23, 2019 10:58 am

fierceredpanda wrote:
Wed Jan 23, 2019 10:12 am
The party of endless Benghazi hearings is whining because the majority is going to have hearings for the sake of political theater?

:yankyank:
I guess when the Rethugs look in the mirror there isn't a reflection.
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Re: Michael Cohen

#2969

Post by RVInit » Wed Jan 23, 2019 12:08 pm

Tiredretiredlawyer wrote:
Wed Jan 23, 2019 10:58 am
fierceredpanda wrote:
Wed Jan 23, 2019 10:12 am
The party of endless Benghazi hearings is whining because the majority is going to have hearings for the sake of political theater?

:yankyank:
I guess when the Rethugs look in the mirror there isn't a reflection.
:rotflmao:
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--- George W Bush

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Re: Michael Cohen

#2970

Post by fierceredpanda » Wed Jan 23, 2019 12:39 pm

Come to think of it, I guess if it turned out that Trey Gowdy was actually a vampire all along, I wouldn't be all that surprised.

:think:
"There's no play here. There's no angle. There's no champagne room. I'm not a miracle worker, I'm a janitor. The math on this is simple; the smaller the mess, the easier it is for me to clean up." -Michael Clayton

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Re: Michael Cohen

#2971

Post by NMgirl » Wed Jan 23, 2019 1:43 pm

Is there some Twitter rule against providing sources? Prokupecz is usually reliable, though.

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Re: Michael Cohen

#2972

Post by MsDaisy » Wed Jan 23, 2019 1:45 pm

Michael Cohen postpones plan to testify at Congress because of fear for his family’s safety
President Donald Trump’s former personal lawyer Michael Cohen is postponing his plan to testify before Congress in February because of concerns about his family’s safety, according to Cohen’s adviser Lanny Davis.

Cohen was scheduled to testify Feb. 7 before the House Oversight Committee.

But in recent weeks he has become concerned about the risk to his family if he goes through with that plan.
https://www.cnbc.com/2019/01/23/michael ... ress-.html

But it's not witness tampering, right? :roll:
Birfers are toast

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Re: Michael Cohen

#2973

Post by NMgirl » Wed Jan 23, 2019 1:47 pm

The statement from Lanny Davis:
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Re: Michael Cohen

#2974

Post by NMgirl » Wed Jan 23, 2019 2:50 pm

Rep. Cummings will have none of it. Incoming subpoenas, Michael.
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Re: Michael Cohen

#2975

Post by Volkonski » Thu Jan 24, 2019 7:47 am

ABC News

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JUST IN: Michael Cohen's lawyer blasts Rudy Giuliani, accuses him of "witness tampering."

"Calling out a man's father-in-law and wife in order to intimidate the witness is not fair game," Lanny Davis told @ABC News' @GStephanopoulos. https://abcn.ws/2Dw3pSk
Image“If everyone fought for their own convictions there would be no war.”
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