RUTHFULLY YOURS

https://www.nationalreview.com/2018/08/new-york-state-probes-michael-cohen-trump-organization-payments/

Did the president’s company violate the law in representing pay-off reimbursements to Cohen as legal fees?

Earlier today, we posted my column about yesterday’s revelation that federal prosecutors in Manhattan granted immunity to two American Media Inc. executives, including CEO David Pecker, a longtime friend and collaborator of President Trump’s. As I detail in the column, while news of the immunity grants just broke yesterday, the grants almost certainly happened many weeks ago — likely just after the April search warrants executed at Michael Cohen’s office and residences. The point, it appears, was to shore up the case against Cohen, President Trump’s former lawyer. The immunity grants are not a new development signaling sudden momentum in an investigation of President Trump. Of course, if there is such an investigation, they would be relevant.

In the column’s penultimate paragraph, I note that in the eight-count criminal information to which Cohen pled guilty on Tuesday, prosecutors suggested that fraud may have been committed by Cohen and the Trump Organization (President Trump’s real-estate conglomerate). At issue is the manner in which Cohen was reimbursed for the $130,000 hush-money payment to Stephanie Clifford (the porn star better known as Stormy Daniels). Specifically, there are peculiarities in the way Cohen’s reimbursement was totaled up, invoiced, and processed for payment.

Right about the time I submitted the column to my tireless editors late last night, the New York Times broke the news that the Manhattan district attorney’s office is considering criminal charges against the Trump Organization over these payments.

The Times’ William K. Rashbaum reports that this state probe is in its infancy. This, no doubt, is because it was triggered by the aforementioned criminal information the feds filed against Cohen — to be precise, the part of the Cohen case outlined in the last four paragraphs of the “Campaign Finance Violations” section of the press release issued by the U.S. attorney for the Southern District of New York (SDNY).

So . . . what’s this all about?

First, the president has indicated that he personally reimbursed Cohen for the $130,000 Stormy Daniels pay-off. As noted in my aforementioned column, this is important because, under campaign-finance law, there is no dollar limit on what a candidate may spend on his own campaign (while other donors have a $2,700 ceiling, which is why Cohen was charged). One question that federal prosecutors have certainly looked into is whether the president himself paid Cohen, as opposed to reimbursing him through a Trump business entity.

https://nypost.com/2018/08/23/how-long-before-cohens-lawyer-changes-his-story-again/

Can Michael Cohen give evidence that President Trump knowingly colluded with Russia, or does he have no knowledge whatsoever? It seems to depend on what story his lawyer is teasing at the moment.

Following Cohen’s guilty plea Tuesday, attorney Lanny Davis said on MSNBC that his client is willing to speak with special counsel Robert Mueller about a “conspiracy to collude,” citing his “knowledge on certain subjects that should be of interest.”

That seemed to confirm July 27 CNN and CBS reports that Cohen was prepared to testify that Trump knew in advance about the 2016 Trump Tower meeting in which Russians were expected to offer political dirt on Hillary Clinton.

Davis personally confirmed those stories off the record to The Post at the time.

Except now Davis says it isn’t true.

Trump insists he first learned of the meeting from reporters in July 2017. And Axios on Thursday reported that Cohen, in sworn testimony to two congressional committees last year, said he had no idea whether Trump had advance knowledge of the meeting.

That was publicly confirmed by the leaders of the Senate Intelligence Committee, Sens. Richard Burr (R-NC) and Mark Warner (D-Va.), who said Cohen had testified “he was not aware of the meeting prior to its disclosure to the press.”

https://www.nationalreview.com/2018/08/immunity-agreements-for-american-media-executives-shore-up-cohen-case/

There is almost certainly much less here than meets the eye.

There is always a lag between when things happen and when we learn about them through media reports. That is important to bear in mind when there are breathless news accounts of the kind that broke on Thursday: the revelation that federal prosecutors in New York granted immunity from prosecution to David J. Pecker, the chairman and CEO of American Media Inc. (AMI) and longtime friend of Donald Trump.

American Media controls the National Enquirer, which was deeply involved in the hush-money payments to two women who allege that they had extramarital liaisons with Donald Trump a dozen years ago and whose silence was purchased when they sought to sell their stories prior to the 2016 election. Naturally, coming on the heels of Tuesday’s guilty plea by Michael Cohen to campaign-finance offenses arising out of those two transactions, there was frenzied speculation that the investigation is heating up, with the noose tightening around the president

In reality, there is almost certainly much less here than meets the eye. In short, while we are just now learning that Pecker and his subordinate, Dylan Howard, were granted immunity, this appears to have happened many weeks ago — to be precise, shortly after search warrants were executed in April on the office and residences of Cohen, President Trump’s former lawyer. Back then, prosecutors did not know whether Cohen would fight them or plead guilty. They needed Pecker and Howard in order to tighten up the case against Cohen, not necessarily to make a case on the president.

Perusing the Wall Street Journal, New York Times, and Vanity Fair reports (here, here, and here), we find something important is missing: They don’t tell us when Pecker and Howard got immunity. But we get a hint. The Times tells us: “In spring 2018, prosecutors subpoenaed communications between Mr. Pecker and Mr. Howard.” We also know that information from Pecker and Howard is reflected in the eight-count criminal information filed against Cohen, which refers to them, respectively, as “Chairman-1” and “Executive-1.” (AMI is “Corporation-1” and the Enquirer is “Magazine-1.”)