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Trump lawyer Cohen will invoke 5th Amendment rights in Stormy Daniels case

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By Amanda Becker and Eric Beech

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Won't answer questions, because he would incriminate himself? A telling defence.

6 ( +8 / -2 )

Funny how his initial Fifth arose due to Stormy Daniels. There certainly exist many cases with far more compelling reasons to so plead. They will dribble out.

5 ( +6 / -1 )

Cohen isn't talking tough now. Oh, he isn't even talking. Criminal charges are probably coming soon or are anticipated.

Finally, someone in the Trump camp received and (shockingly) followed good legal advice.

Maybe Cohen took Mike Avenetti's advice.

7 ( +8 / -1 )

U.S. President Donald Trump's lawyer Michael Cohen said on Wednesday he would assert his right under the U.S. Constitution to avoid self-incrimination in a lawsuit filed by adult-film star Stormy Daniels, who says she had an affair with Trump.

almost like admitting he's guilty. He may evade prosecution in a court of law, but not in the eyes of the public.

5 ( +6 / -1 )

Trump said "he's unflippable!"

5 ( +6 / -1 )

Won't answer questions, because he would incriminate himself? A telling defence.

To be fair, you should never answer any question in a criminal probe. In court is another matter to consider.

0 ( +3 / -3 )

Surprise, surprise... Not. He is a lawyer, while he likely fails to take his oath seriously, and is entitled to the 5th, as well as a presumtion of innocence. Unfortunately for him, he is the Swamp Thing's lawyer... Yep, and he made his bed with the old sleazy himself. The trumpettes can wheeze all they want... And then they can hop in bed with their whining Hillary friends. A pox on your two parties.

0 ( +1 / -1 )

Trump said "he's unflippable!"

He pleaded the 5th, guess he didn’t flip after all.

Funny how his initial Fifth arose due to Stormy Daniels. There certainly exist many cases with far more compelling reasons to so plead. They will dribble out.

Doubt it. Didn’t work on Lous Lerner, her boss, didn’t work on Mark Fuhrman.

Cohen isn't talking tough now. Oh, he isn't even talking. Criminal charges are probably coming soon or are anticipated.

And? Susan McDougal didn’t crack and they treated her like garbage.

Finally, someone in the Trump camp received and (shockingly) followed good legal advice.

Maybe Cohen took Mike Avenetti's advice.

He’s a lawyer or course, he knows the law. Lol! Come on now.....

-12 ( +1 / -13 )

‘When your lawyer needs a lawyer it’s time to get a lawyer.

10 ( +11 / -1 )

Trump's opinion of people taking the Fifth are well-documented.

"Why take the Fifth if you're innocent?"

https://www.businessinsider.in/If-youre-innocent-why-are-you-taking-the-5th-Trumps-comments-about-pleading-the-5th-could-come-back-to-bite-him/articleshow/58796711.cms

Why indeed.

11 ( +12 / -1 )

Oh I have a feeling that Mr. Cohen will be one of many Trump associates who will be behind bars in the future.

Just so much corruption in his world. It really is stunning.

6 ( +7 / -1 )

Oh I have a feeling that Mr. Cohen will be one of many Trump associates who will be behind bars in the future. 

Just so much corruption in his world. It really is stunning.

Looks like Trump will be busy pardoning a lot of people.

-11 ( +1 / -12 )

Why would he pardon them? Revenge?

And I can’t find this story on Fox News, but there are 3 stories about the Clintons on the front page. Odd.

7 ( +8 / -1 )

Hilarious!!!

CNN was playing Trump's comments on the 5th Amendment over the years today, it'll be interesting to see what he says now. Karma sure is a......

5 ( +6 / -1 )

CNN was playing Trump's comments on the 5th Amendment over the years today, it'll be interesting to see what he says now. Karma sure is a......

I think even Trump supporters know that the vast majority of what comes out of Trump’s mouth is ill-considered trash. This is a man who denied tweeting about a fictional sex tape in a live debate.

His supporters clearly couldn’t care less.

0 ( +0 / -0 )

Eh, they’ll be too busy talking about liberals and the media. I doubt they’ll notice what Trump says next.

5 ( +7 / -2 )

Looks like Trump will be busy pardoning a lot of people.

But who will pardon the pardoner?

3 ( +4 / -1 )

Crooked as hell. Just like his boss. Rikers Island!

4 ( +6 / -2 )

I predict trump will pardon him, and his believers will praise him for bypassing justice and call it ‘winning’.

4 ( +6 / -2 )

Looks like Trump will be busy pardoning a lot of people. pardoning people guilty of crimes, make it sound like your proud of the fact, sad. Trump will need to stay POTUS for that to happen, has to at a minimum retain one or two senate seats to stay legitimate and get elected a second time. It would take a gambling man to put money on either or even both, especially now all Trumps dirty laundry is expose to the world something that wasn't before the last election.

3 ( +4 / -1 )

Didn't Trump say "only the guilty" plead the 5th? Oh I guess it's ok to do tha if it has something to do with him lol

4 ( +5 / -1 )

Wow - three weeks ago, Michael Cohen was going to sue Stormy for $8 million and take $1 million of it an go on a "...long vacation...."

What a stooge.

Somehow I find it supremely appropriate that Cohen, and indirectly Trump, are brought down by a porn star. Does that make me a bad person??

4 ( +5 / -1 )

You always keep quiet in a civil case. Even more so when you have a criminal case at the same time. Make them prove it without your help.

-2 ( +2 / -4 )

Trump will also take the 5th

2 ( +3 / -1 )

Things are defiantly pretty swampy...

4 ( +5 / -1 )

It will all be sorted out. It’s not a crime to pay someone to be quiet and go away. (See Clinton, Bill and Jones, Paula as precedent)

It is however probably a crime to take money for that, sign a non disclosure agreement and then decide years later you feel like disclosing anyway.

-6 ( +1 / -7 )

Acting without the consent of the client is legal malpractice.

Whatever happens, Cohen may never practice law again.

5 ( +6 / -1 )

It’s not a crime to pay someone to be quiet and go away.

No one is saying it is.

But once again, you've not bothered to actually fact check yourself to find out what the actual crime he's accused of is.

1 ( +2 / -1 )

It’s not a crime to pay someone to be quiet and go away. (See Clinton, Bill and Jones, Paula as precedent)

Actually, it may very well be a crime. It may be an illegal and unreported campaign contribution. Furthermore, lying to a bank about why they needed the money may be bank fraud.

It is however probably a crime to take money for that, sign a non disclosure agreement and then decide years later you feel like disclosing anyway.

Lol no its not. Not a crime at all, a case of breach of contract at worst, nothing criminal about that.

4 ( +5 / -1 )

It’s a civil lawsuit there is no crime. It’s for publicity so people will pay attention to a 40 year old stripper and so her lawyer can get Internet famousand and maybe become the male Gloria Allred.

-7 ( +1 / -8 )

From what I can read of it she is suing to be able to “tell her story” despite signing an NDA by saying Trump didn’t sign it so it’s invalid.

But since then she already told her story. so the only issue is was she allowed to do that or will she be paying a lot of damages. Made up some “threats” along the way to get more publicly for stripping and her new movies while we wait to hear if NDA is valid or not.

-7 ( +1 / -8 )

If in your world lying to a bank about what you will do with your own money is “bank fraud” then taking money to not talk and then talking anyway is “theft”. At least be consistent.

-6 ( +1 / -7 )

Well I’m guessing both Trump and Cohen are regretting getting into a sexual and business relationship with a porn star right about now.

But that’s none of my business.

4 ( +5 / -1 )

That’s what NDAs are supposedly for as they relate to rich/famous people. To protect you from “future regret” from things that looking back you should have done differently.

-6 ( +1 / -7 )

It will all be sorted out. It’s not a crime to pay someone to be quiet and go away. (See Clinton, Bill and Jones, Paula as precedent)

Correct, it isn't a crime to pay someone money. Nice obfuscation attempt since that isn't even the issue.

It is a crime to lie to a bank about why you need a loan. Bad Cohen. 25-30 years in jail.

It is however probably a crime to take money for that, sign a non disclosure agreement and then decide years later you feel like disclosing anyway.

This could only be a crime if there was an intent to defraud in taking the money. No evidence of that at all, and intent would be difficult to prove.

Cohen on the other hand liked to make tapes that can show intent. Bad Cohen.

Cohen was working with Daniels previous attorney who also represented McDougal. What will the tapes reveal about his negotiations with that attorney????? Nothing good, for sure.

Maybe there is evidence of an intent to defraud along with Trumpy. Bad Trump.

Otherwise, it is just a simple contract dispute.

He’s a lawyer or course, he knows the law. Lol! Come on now.....

You are being generous to a fault.

Cohen is one of the worst attorneys I have seen from a professional and ethical perspective, and I have seen a full range of outstanding attorneys and people who call themselves attorneys. Cohen fits into the latter.

1 ( +2 / -1 )

Pleading the 5th doesn't really do much for Cohen in the criminal case other than stop more hemorrhaging.

His testimony is already preserved on the audio tapes seized by the FBI.

Oops.

3 ( +4 / -1 )

That’s what NDAs are supposedly for as they relate to rich/famous people. To protect you from “future regret” from things that looking back you should have done differently.

Not if you committed a crime

2 ( +3 / -1 )

If in your world lying to a bank about what you will do with your own money is “bank fraud”

Welcome to reality.

Lying to get money from a bank is a crime. The FBI, DOJ, and a judge said there is proof Cohen lied.

Lying to get money in a contract is also a crime, but no one said Daniels lied and there isn't proof.

2 ( +2 / -0 )

If in your world lying to a bank about what you will do with your own money is “bank fraud”

The better case against Daniels would be extortion/blackmail if she threatened to talk unless she was paid.

However, that would have been the first thing Cohen should have done, as a good attorney, along with a motion to suppress. Cohen would have pulled out a tape of the conversation and shut the whole thing down, if he were that good of an attorney.

2 ( +3 / -1 )

The proof that she lied is not the FACT that she been non stop “disclosing” for 3-4 months now after taking money and signing a NON disclosure agreement. Are we back to the liberal favorite of “no intent”? She can’t control opening and closing her own mouth? I think there is video evidence that she possesses that ability.

I have never heard it’s a crime to “lie” to a bank about what you plan to do with your own money that you get from mortgaging your own house. But there is a liberal judge somewhere who will rule it is, I’m sure.

-5 ( +1 / -6 )

Cohen will eventually sing like canary!

3 ( +4 / -1 )

Reading the cognitive dissonance of Republicans is delicious

3 ( +4 / -1 )

Are we back to the liberal favorite of “no intent”? 

So Sorry for your inability to understand and willingness to blame classes of people for established law, when it doesn't go your way.

No, it is a legal oldie but goodie. And, in this case, it refers to the intent of signing the document.

I have never heard it’s a crime to “lie” to a bank about what you plan to do with your own money 

Try ignorance as a defense. It works all the time, really.

How is it Cohen's money when he asks a bank for its money? Pretty twisted way of thinking. Beauty is in the eye of the beholder kind of stuff.

No, intent is very important and mostly difficult to show, unless there are tapes.... Bad Cohen.

2 ( +3 / -1 )

Reading the cognitive dissonance of Republicans is delicious

delicious and just plain astonishing.

3 ( +4 / -1 )

She obviously violated the NDA. Now it’s just matter of whether she is able to convince a judge it isn’t a valid NDA to begin with.

Link to anything that says you are legally required to provide a reason for remortgaging your house and tell the bank what you will do with the money?Link to its 20-30 years in jail if you don’t?

-6 ( +1 / -7 )

She obviously violated the NDA. Now it’s just matter of whether she is able to convince a judge it isn’t a valid NDA to begin with.

Its actually not obvious. And who is she? Who is the other party to the NDA and how do you know all this?

Link to its 20-30 years in jail if you don’t?

https://www.law.cornell.edu/uscode/text/18/1344

Let's not forget the $130,000 was never reported. That's another crime.

3 ( +4 / -1 )

well ok if you think that applies to remortgaging your own house, let’s add that to the criminal case and we can see. But this is a civil case about an NDA.

Who is “she”? Obviously porn star Stormy Daniels who is suing to get out of an NDA cause she realizes she can get publicity. Otherwise who will pay more than $10 each to see a 40yr old stripper “perform”? She gets an extra $20 just for the freak show factor now.

Didn’t report it to who? The bank reports that type of transaction.

-5 ( +1 / -6 )

You always keep quiet in a civil case. Even more so when you have a criminal case at the same time. Make them prove it without your help.

"Keeping quiet" would also involve not sparking off a very public lawsuit war by suing a porn actress.

It is however probably a crime to take money for that, sign a non disclosure agreement and then decide years later you feel like disclosing anyway.

No.

No, no, no.

That's not a criminal offense. You're so lost.

The real situation with non-disclosure agreements of this type is that they're a legal grey area to start with. They involve requiring people not to tell the truth about an affair, allowing the other party to pretend it all never happened, or to lie about it. That's already murky, and then there is the wording of each individual agreement, the nature of the payment, the actual willingness of the paid party to enter the agreement. There are so many ways in which the circumstances under which it was signed could be illegal, or in which part or all of the agreement could be illegal, or in which, later, it could simply have become unenforceable. It's entirely likely that there is a combination of all of these with the Stormy Daniels agreement. In any case, the original lawsuit, to recover damages, has been eclipsed by subsequent events.

It really is rather sad that you still consider these things powerful and binding legal instruments. They may be under exactly the right conditions, but even if they were, Cohen is an insufficiently competent lawyer to draw a good one up.

The chief purpose of one of these things is to plant sufficient doubt or fear in the mind of the payee (who may in any case not relish publicity) that they decide to stay silent and hold on to the money. But every so often you'll get a client who wises up, and the moment that person says "hold on a minute", it's over.

2 ( +3 / -1 )

 sign a non disclosure agreement and then decide years later you feel like disclosing anyway. what disclosure agreement is that!? when you have an agreement not to disclose personal information about Trump but he didnt sign the agreement personally, youll see that such agreements will be made void in a court of law.

1 ( +2 / -1 )

NEVER lie to law enforcement. If you aren't certain, when they ask any question, just say you don't answer questions.

In the USA, every individual has the right NOT to incriminate themselves. It is the state who is responsible for proving the individual is guilty. Keeping you mouth shut is the smart thing to do. Legally, it cannot be used against you.

Everyone has heard Miranda Rights in movies and TV. "can and will be used against you in a court of law." It won't be used FOR you. Not talking is smart.

That doesn't mean Cohen isn't slime.

2 ( +2 / -0 )

The 5th is an admission of guilt.

-1 ( +2 / -3 )

More people ADMITTING their GUILT than the world has ever seen! Welcome to the club!

3 ( +3 / -0 )

As he should, it is a WITCH-HUNT!

-1 ( +1 / -2 )

The 5th is an admission of guilt.

 Pleading the 5th is not an admission of guilt, it's merely a way to protect yourself.

0 ( +3 / -3 )

deadbeatles - The 5th is an admission of guilt.

Not true. At least it's not true in the U.S.A court system.

-1 ( +1 / -2 )

For conservatives two things are a given: (1) mentioning Obama or Clinton, and (2) bringing up a judge's politics.

2 ( +3 / -1 )

* Pleading the 5th is not an admission of guilt, it's merely a way to protect yourself.*

That's not how Trump sees it, as he spoke on the subject ad nauseam during the campaign, but then again what does this dimwit D minus POTUS know? It's hard to imagine how he will be able stick with the 5th if it hits the fan since he is utterly incapable of closing the hole in his face. Anyway, he's probably blabbed enough already to incriminate himself. Mueller must have a bulging folder filled with the blabbermouth's self-incriminatory quotes.

0 ( +1 / -1 )

The Californian judge has halted Stormy Daniels' lawsuit against Cohen for 90 days while the criminal investigation of Trump's personal attorney moves forward in New York.

0 ( +1 / -1 )

As Zichi has said the Stormy Daniels lawsuit against Cohen has been stopped for 90 days after Cohen had argued that any statement he made in court could affect a criminal inquiry in New York into his business affairs.

District Judge Otero in Los Angeles said there was "a large potential factual overlap" between the civil and criminal proceedings against Mr Cohen. He said that "would heavily implicate Mr Cohen's Fifth Amendment rights", in a reference to the Constitution's protection against self-incrimination.

-1 ( +0 / -1 )

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