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Michael Cohen’s plea deal is prosecutor’s attempt to set up Donald Trump

Michael Cohen pled guilty to campaign violations that were not campaign violations.

The Duran

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Authored by Mark Penn via The Hill:


Here we go, from Russia with love, to campaign finance with love.

Why was Michael Cohen investigated? Because the “Steele dossier” had him making secret trips to meet with Russians that never happened, so his business dealings got a thorough scrubbing and, in the process, he fell into the Paul Manafort bin reserved by the special counsel for squeezing until the juice comes out. We are back to 1998 all over again, with presidents and candidates covering up their alleged marital misdeeds and prosecutors trying to turn legal acts into illegal ones by inventing new crimes.

The plot to get President Trump out of office thickens, as Cohen obviously was his own mini crime syndicate and decided that his betrayals meant he would be better served turning on his old boss to cut the best deal with prosecutors he could rather than holding out and getting the full Manafort treatment. That was clear the minute he hired attorney Lanny Davis, who does not try cases and did past work for Hillary Clinton. Cohen had recorded his client, trying to entrap him, sold information about Trump to corporations for millions of dollars while acting as his lawyer, and did not pay taxes on millions.

The sweetener for the prosecutors, of course, was getting Cohen to plead guilty to campaign violations that were not campaign violations. Money paid to people who come out of the woodwork and shake down people under threat of revealing bad sexual stories are not legitimate campaign expenditures. They are personal expenditures. That is true for both candidates we like and candidates we do not. Just imagine if candidates used campaign funds instead of their own money to pay folks like Stormy Daniels to keep quiet about affairs. They would get indicted for misuse of campaign funds for personal purposes and for tax evasion.

There appear to be two payments involved in this unusual agreement. Cohen pleaded guilty to a campaign violation for having “coordinated” the American Media payment to Karen McDougal for her story, not for actually making the payment. He is pleading guilty over a corporate contribution he did not make. Think about this for a minute. Suppose ABC paid Stormy Daniels for her story in coordination with Michael Avenatti or maybe even the law firm of the Democratic National Committee on the eve of the election.

By this reasoning, if the purpose of this money paid, just before the election, would be to hurt Trump and help Clinton win, this payment would be a corporate political contribution. If using it not to get Trump would be a corporate contribution, then using it to get Trump also has to be a corporate contribution. That is why neither are corporate contributions and this is a bogus approach to federal election law. Note that none of the donors in the 2012 John Edwards case faced any legal issues and the Federal Election Commission ruled their payments were not campaign contributions that had to be reported, both facts that prosecutors tried to suppress at trial.

Now, when it comes to Stormy Daniels, Cohen made a payment a few days before the election that Trump attorney Rudy Giuliani says was reimbursed. First, given that this payment was in October, it would never have been reported before the election campaign and so, for all intents and purposes, was immaterial as it relates to any effect on the campaign. What is clear in this plea deal is that, in exchange for overall leniency on his massive tax evasion, Cohen is pleading guilty to these other charges as an attempt to give prosecutors what they want, which is a Trump connection.

The usual procedures here would be for the Federal Election Commission to investigate complaints and sort through these murky laws to determine if these kinds of payments are personal in nature or more properly classified as campaign expenditures. On the Stormy Daniels payment that was made and reimbursed by Trump, it is again a question of whether that was made for personal reasons, especially since they have been trying since 2011 to obtain agreement. Just because it would be helpful to the campaign does not convert it to a campaign expenditure. Think of a candidate with bad teeth who had dental work done to look better for the campaign. His campaign still could not pay for it because it is a personal expenditure.

Contrast what is going on here with the treatment of the millions of dollars paid to a Democratic law firm which, in turn, paid out money to political research firm Fusion GPS and British spy Christopher Steele without listing them on any campaign expenditure form, despite crystal clear laws and regulations that the ultimate beneficiaries of the funds must be listed. This rule was even tightened recently. There is no question that hiring spies to do opposition research in Russia is a campaign expenditure, yet no prosecutorial raids have been sprung on the law firm, Fusion GPS or Steele. The reason? It does not “get” Trump.

So, Trump spends $130,000 to keep the lid on a personal story and the full weight of state prosecutors comes down on his lawyer, tossing attorney-client privilege to the wind. Democrats spend potentially millions on secret opposition research and no serious criminal investigation occurs. Remember that the feds tried a similar strategy against Democratic candidate Edwards six years ago and it failed. As Gregory Craig, a lawyer who worked both for President Clinton and Edwards, said, “The government theory is wrong on the facts and wrong on the law. It is novel and untested. There is no civil or criminal precedent for such a prosecution.” Tried it there anyway and it failed.

Let us also not forget that President Clinton was entrapped into lying about his affairs and, although impeached, was acquitted by the Senate. The lesson was clear: We are not going to remove presidents for lying about who they had affairs with, nor even convict politicians on campaign finance violations for these personal payments.

With Cohen pleading guilty, there will be no test of soundness of the prosecution theories here, and it is yet another example of the double standards of justice of one investigation that gave Clinton aides and principals every benefit of the doubt and another investigation that targeted Trump people until they found unrelated crimes to use as leverage. Prosecutors thought nothing of using the Logan Act against former Trump national security adviser Michael Flynn, but they are using obscure and unsettled elements of campaign finance law against Trump lawyer Cohen to manufacture crimes in what is a naked attempt to take Trump down and defeat democracy.

Trump should do a better job of picking aides who pay their taxes, but he is not responsible for their financial problems and crimes. These investigations, essentially based on an opposition dossier, were never anything other than an attempt to push into a corner as many Trump aides and family members as possible and shake them down until they could get close enough to Trump to try to take him down.

That is why so many of his aides, lawyers, and actions in the campaign and in the White House have undergone hour by hour scrutiny to find anything that could be colored into a crime, leaving far behind the original Russia collusion theory as the fake pretext it was. Paying for nondisclosure agreements for perfectly legal activities is not a crime, not a campaign contribution as commonly understood or ruled upon by the Federal Election Commission. Squeezing guilty pleas out of vulnerable witnesses does nothing to change those facts.


Mark Penn is a managing partner of the Stagwell Group, a private equity firm specializing in marketing services companies, as well as chairman of the Harris Poll and author of “Microtrends Squared.” He served as pollster and adviser to President Clinton from 1995 to 2000, including during Clinton’s impeachment. You can follow him on Twitter @Mark_Penn.

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tom
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tom

The spectacle of the USA, a nation supposedly “ruled by laws, not men”, where every politician, businessperson, journalist and media celebrity continually seems to be trying to manipulate and abuse the law, is so emetic that many foreigners can only avert their eyes and try to keep their lunch down.

Tibetan Cowboy
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Good writing, long overdue, to assess the actual situation honestly, instead of copping to the MSM / congress b.s. about Russiagate etc. like 98% of the uninformed, sheep-like USA citizens. This excellent article describes the real situation that created Russiagate by Brennan and Hillary:

http://www.informationclearinghouse.info/50044.htm.

And this article explores the traitor Brennan’s role further in Russiagate:
http://www.informationclearinghouse.info/50057.htm.

bluewater
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bluewater

So Trump had a traitor try to slay him. The bottom line is that Trump never broke any laws and has had no bad behavior AS PRESIDENT. And accusations of bad behavior prior to him being president are dubious at best. It does not matter if the MSM screams impeachement 200 plus timeswhen there’s no fuel to drive on, the only thing that will put gas in their tank is a Democrat election steal followed by a blatantly corrupt “impeachment” process. And that begs the question: What are they afraid of? Why do they want him impeached so badly it… Read more »

john vieira
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john vieira

The ONLY irrevocable damage in this particular case is to ‘Attorney Client Privilege” and that “crime” WAS committed by the FBI. Hope the members of the MSM that ‘pooh pooh’ this despicable act are as ‘blase’ when their turn comes…and I truly hope that will be VERY soon…

Latest

BREXIT chaos, as May’s cabinet crumbles (Video)

The Duran Quick Take: Episode 18.

Alex Christoforou

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The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris take a quick look at the various scenarios now facing a crumbling May government, as the Brexit Withdrawal Agreement is forcing cabinet members to resign in rapid succession. The weekend ahead is fraught with uncertainty for the UK and its position within, or outside, the European Union.

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If Theresa May’s ill-fated Brexit Withdrawal Agreement is eventually rejected this could trigger a vote of no confidence, snap elections or even a new referendum…

Here are six possible scenarios facing Theresa May and the UK (via The Guardian)

1 Parliament blocks Theresa May’s draft withdrawal agreement and political declarations

May faces an enormous task to win parliamentary approval, given that Labour, the SNP, the DUP and 51 Tories have said they will not vote for it.

If the remaining 27 EU member states sign off the draft agreement on 25 November, the government will have to win over MPs at a crucial vote in early December.

If May loses the vote, she has 21 days to put forward a new plan. If she wins, she is safe for now.

2 May withdraws the current draft agreement

The prime minister could decide that she will not get the draft agreement through parliament and could seek to renegotiate with the EU.

This would anger Tory backbenchers and Brussels and would be seen as a humiliation for her government. It might spark a leadership contest too.

3 Extend article 50

May could ask the European council to extend article 50, giving her more time to come up with a deal that could be passed by parliament – at present, the UK will leave on 29 March 2019.

Such a request would not necessarily be granted. Some EU governments are under pressure from populist parties to get the UK out of the EU as soon as possible.

4 Conservative MPs trigger a vote of no confidence in the prime minister

If Conservative MPs believe May is no longer fit for office, they could trigger a no-confidence vote.

Members of the European Research Group claim that Graham Brady, the chair of the powerful 1922 Committee, will receive the necessary 48 letters this week.

A vote could be held as soon as early next week. All Tory MPs would be asked to vote for or against their leader. If May wins, she cannot be challenged for at least 12 months. If she loses, there would be a leadership contest to decide who will become prime minister.

5 General election – three possible routes

If May fails to get support for the current deal, she could call a snap general election.

She would table a parliamentary vote for a general election that would have to be passed by two thirds of MPs. She would then set an election date, which could be by the end of January.

This is an unlikely option. May’s political credibility was severely damaged when she called a snap election in 2017, leading to the loss of the Conservative party’s majority.

Alternatively, a general election could be called if a simple majority of MPs vote that they have no confidence in the government. Seven Tory MPs, or all of the DUP MPs, would have to turn against the government for it to lose the vote, triggering a two-week cooling-off period. May would remain in office while MPs negotiate a new government.

Another route to a general election would be for the government to repeal or amend the Fixed-term Parliaments Act which creates a five-year period between general elections. A new act would have to be passed through both the Commons and the Lords – an unlikely scenario.

6 Second referendum

May could decide it is impossible to find a possible draft deal that will be approved by parliament and go for a people’s vote.

The meaningful vote could be amended to allow MPs to vote on whether the country holds a second referendum. It is unclear whether enough MPs would back a second referendum and May has ruled it out.

 

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Brexit Withdrawal Agreement may lead to Theresa May’s downfall (Video)

The Duran – News in Review – Episode 151.

Alex Christoforou

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The Brexit Withdrawal Agreement has been published and as many predicted, including Nigel Farage, the document is leading to the collapse of Theresa May’s government.

During an interview with iTV’s Piers Morgan, remain’s Alistair Campell and leave’s Nigel Farage, were calling May’s Brexit deal a complete disaster.

Via iTV

Alastair Campbell: “This doesn’t do remotely what was offered…what is the point”

“Parliament is at an impasse”

“We have to go back to the people” …”remain has to be on the ballot paper”

Nigel Farage:

“This is the worst deal in history. We are giving away in excess of 40B pounds in return for precisely nothing. Trapped still inside the European Union’s rulebook.

“Nothing has been achieved.”

“In any negotiation in life…the other side need to know that you are serious about walking away.”

“What monsieur Barnier knew from day one, is that at no point did Theresa May intend to walk away.”

“Fundamental matter of trust to the electors of our country and those who govern us.”

The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris discuss Theresa May’s Brexit Withdrawal Agreement, and why the deal is a full on victory for the European Union and a document of subjugation for the United Kingdom.

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Coming in at 585 pages, the draft agreement will be closely scrutinized over the coming days but here are some of the highlights as outlined by Zerohedge

  • UK and EU to use the best endeavours to supersede Ireland protocol by 2020
  • UK can request extension of the transition period any time before July 1st, 2020
  • EU, UK See Level-Playing Field Measures in Future Relationship
  • Transition period may be extended once up to date yet to be specified in the text
  • EU and UK shall establish single customs territory and Northern Ireland is in same customs territory as Great Britain

The future relationship document is less than seven pages long. It says the U.K. and EU are seeking a free-trade area with cooperation on customs and rules: “Comprehensive arrangements creating a free trade area combining deep regulatory and customs cooperation, underpinned by provisions ensuring a level playing field for open and fair competition.”

The wording might raise concerns among Brexiters who don’t want regulatory cooperation and the measures on fair competition could amount to shackling the U.K. to EU rules.

As Bloomberg’s Emma Ross-Thomas writes, “There’s a clear sense in the documents that we’re heading for a customs union in all but name. Firstly via the Irish backstop, and then via the future relationship.”

Separately, a government summary of the draft agreement suggests role for parliament in deciding whether to extend the transition or to move in to the backstop.

But perhaps most importantly, regarding the controversial issue of the Irish border, the future relationship document says both sides aim to replace the so-called backstop – the thorniest issue in the negotiations – with a “subsequent agreement that establishes alternative arrangements for ensuring the absence of a hard border on the island of Ireland on a permanent footing.”

On this topic, recall that the U.K.’s fear was of being locked into the backstop arrangement indefinitely in the absence of a broader trade deal. The draft agreement includes a review process to try to give reassurance that the backstop would never be needed. Basically, the U.K. could choose to seek an extension to the transition period – where rules stay the same as they are currently – or opt to trigger the backstop conditions. In fact, as Bloomberg notes, the word “backstop,” which has been a sticking point over the Irish border for weeks, is mentioned only once in the text.

As Bloomberg further adds, the withdrawal agreement makes clear that the U.K. will remain in a single customs area with the EU until there’s a solution reached on the Irish border. It’s what Brexiteers hate, because it makes it more difficult for the U.K. to sign its own free-trade deals, which they regard as a key prize of Brexit.

Predictably, EU Commission President Juncker said decisive progress has been made in negotiations.

Meanwhile, as analysts comb over the documents, Jacob Rees-Mogg, chairman of the European Research Group, has already written to Conservative lawmakers urging them to vote against the deal. He says:

  • May is handing over money for “little or nothing in return”
  • The agreement treats Northern Ireland differently from the rest of the U.K.
  • It will “lock” the U.K. into a customs union with the EU
  • It breaks the Tory election manifesto of 2017

The full document…

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4 resignations and counting: May’s government ‘falling apart before our eyes’ over Brexit deal

The beginning of the end for Theresa May’s government.

The Duran

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Via RT


Four high profile resignations have followed on the heels of Theresa May’s announcement that her cabinet has settled on a Brexit deal, with Labour claiming that the Conservative government is at risk of completely dissolving.

Shailesh Vara, the Minister of State at the Northern Ireland Office was the first top official to resign after the prime minister announced that her cabinet had reached a draft EU withdrawal agreement.

An hour after his announcement, Brexit Secretary Dominic Raab – the man charged with negotiating and finalizing the deal – said he was stepping down, stating that the Brexit deal in its current form suffers from deep flaws. Esther McVey, Secretary of State for Work and Pensions, submitted her letter of resignation shortly afterwards. More resignations have followed.

Labour’s shadow Cabinet Office minister, Jon Trickett, predicted that this is the beginning of the end for May’s government.

The government is falling apart before our eyes as for a second time the Brexit secretary has refused to back the prime minister’s Brexit plan. This so-called deal has unraveled before our eyes

Shailesh Vara: UK to be stuck in ‘a half-way house with no time limit’

Kicking off Thursday’s string of resignations, Vara didn’t mince words when describing his reservations about the cabinet-stamped Brexit deal.

Theresa May’s EU withdrawal agreement leaves the UK in a “halfway house with no time limit on when we will finally become a sovereign nation,” his letter of resignation states. Vara went on to warn that the draft agreement leaves a number of critical issues undecided, predicting that it “will take years to conclude” a trade deal with the bloc.

“We will be locked in a customs arrangement indefinitely, bound by rules determined by the EU over which we have no say,” he added.

Dominic Raab: Deal can’t be ‘reconciled’ with promises made to public

Announcing his resignation on Thursday morning, Brexit Secretary Dominic Raab tweeted: “I cannot in good conscience support the terms proposed for our deal with the EU.”

Raab claimed that the deal in its current form gives the EU veto power over the UK’s ability to annul the deal.

No democratic nation has ever signed up to be bound by such an extensive regime.

Former Conservative Party leader Iain Duncan Smith said that Raab’s resignation as Brexit secretary is “devastating” for May.

“It sounds like he has been ignored,” he told the BBC.

Raab’s departure will undoubtedly encourage other Brexit supporters to question the deal, political commentators have observed.

Esther McVey: Deal ‘does not honor’ Brexit referendum

Work and Pensions Secretary Esther McVey didn’t hold back when issuing her own letter of resignation. According to McVey, the deal “does not honour” the result of the Brexit referendum, in which a majority of Brits voted to leave the European Union.

Suella Braverman: ‘Unable to sincerely support’ deal

Suella Braverman, a junior minister in Britain’s Brexit ministry, issued her resignation on Thursday, saying that she couldn’t stomach the deal.

“I now find myself unable to sincerely support the deal agreed yesterday by cabinet,” she said in a letter posted on Twitter.

Suella Braverman, MP Parliamentary Under Secretary of State for the Department for Exiting the EU © Global Look Press / Joel Goodman
Braverman said that the deal is not what the British people voted for, and threatened to tear the country apart.

“It prevents an unequivocal exit from a customs union with the EU,” she said.

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