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Erin Burnett: Tape shows Trump's team lied

CNN's Erin Burnett breaks down the news that President Trump's former personal attorney Michael Cohen secretly recorded him discussing payments to former Playboy model Karen McDougal before the 2016 election.

Posted: Jul 22, 2018 6:28 PM
Updated: Jul 22, 2018 6:54 PM

Michael Avenatti was right: The "#trumptapes" do exist. Michael Cohen, the man who once said he'd be willing to take a bullet for Donald Trump, has now provided perhaps the strongest evidence against him.

As first reported by New York Times, the FBI is now in possession of at least one recorded conversation between Michael Cohen and Donald Trump regarding payment to Karen McDougal, 1998 Playmate of the Year, and now the second-most-famous-alleged-Trump-mistress.

You may remember McDougal from her tearful and heartfelt interview with CNN in which she detailed the months long love affair she said she had with Trump in 2006. She was allegedly paid $150,000 by American Media, Inc. ("AMI") -- publisher of the tabloid magazine, The National Enquirer -- for the rights to her story, which was never published, a practice known as "catch and kill" in the media industry.

There's nothing criminal about the practice of catch and kill. But if it turns out that there were multiple payments to women for the purpose of aiding the Trump presidential campaign, which was formally launched on June 16, 2015, and those payments were not disclosed as campaign contributions, both the Federal Election Commission and the Department of Justice could potentially pursue claims against Trump and Cohen.

The parallels between this case and 2008 presidential candidate John Edwards' payments to videographer Rielle Hunter, with whom he had a child, are hard to miss. The Edwards case fizzled, in part because prosecutors couldn't prove the requisite intent on the part of Edwards to secure a conviction. But this case may be different.

This recent bombshell is even more relevant when combined with what we already know about the hush money payment made to Stormy Daniels, which involved the now-infamously-bungled nondisclosure agreement between Daniels and Essential Consultants LLC, the Delaware limited liability company Cohen created which was used in both the $130,000 payment to Daniels and also implicated in the $1.6 million payment offer to a former Playboy model who allegedly had an affair with top Republican National Committee official Elliott Broidy (he has since resigned).

How many more women are involved in what now seems to be a coordinated pattern and practice on the part of Cohen and Trump to silence women for Trump's political gain?

Cohen, Donald Trump's longtime attorney and "fixer," secretly recorded a conversation he had with then-candidate Trump about the potential of an additional payment to McDougal, approximately two months prior to the election.

We've known for a while that Cohen had a propensity to tape his conversations.

But we didn't know he had recorded his conversations specifically with Trump. This begs the question: If Cohen recorded this conversation, what else was swept up in that now infamous raid by the FBI of his home, office and hotel room on April 9, 2018? CNN reported Friday that the FBI also seized tapes of Cohen speaking with other "powerful" individuals.

This, of course, is all playing out against the backdrop of the looming possibility of a criminal indictment against Cohen by federal prosecutors in Manhattan. Cohen's recent off-camera interview with George Stephanopoulos is the strongest indication I've seen thus far in Cohen's ongoing legal saga that he will likely cooperate with federal prosecutors.

But even if he doesn't decide to "flip" on the President, the mere fact that he recorded conversations with his former boss may be both men's undoing, especially in the event a criminal case is brought. For any prosecutor, a key element of a criminal case is showing that someone violated the law and violated it knowingly. For the purposes of proving the latter, a tape-recorded conversation about a payment before it happens is some of the most damning information a prosecutor can wield.

We of course do not know what is on this tape or the others in possession of the FBI. But we know the FBI has them, and that should make Mr. Cohen and his former client very uneasy.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 259117

Reported Deaths: 5668
CountyCasesDeaths
DeSoto17436187
Hinds16524328
Harrison13876199
Rankin11000217
Jackson10652187
Lee8981141
Madison8413168
Jones6552112
Forrest6101121
Lauderdale6034189
Lowndes5463119
Lafayette507393
Lamar496465
Washington4877124
Bolivar4068109
Oktibbeha401681
Panola378380
Pontotoc372155
Monroe3628105
Warren3619101
Union350563
Marshall349569
Neshoba3433152
Pearl River3380104
Leflore3079108
Lincoln300687
Sunflower289272
Hancock285360
Tate276762
Alcorn268854
Pike266580
Itawamba266261
Scott253448
Yazoo250156
Prentiss249552
Tippah245850
Copiah244549
Coahoma243654
Simpson240069
Leake234367
Grenada221171
Marion218473
Covington216972
Adams210170
Wayne206432
Winston205267
George202739
Attala195761
Newton195745
Tishomingo192461
Chickasaw186144
Jasper176038
Holmes169868
Clay162735
Tallahatchie154935
Stone148424
Clarke143562
Calhoun138021
Smith125825
Yalobusha120234
Walthall113437
Greene112129
Noxubee111425
Montgomery110936
Carroll105922
Lawrence104317
Perry103231
Amite99926
Webster94324
Tunica87621
Jefferson Davis87327
Claiborne86825
Benton84023
Humphreys83624
Kemper79120
Quitman7029
Franklin68716
Choctaw62313
Wilkinson58825
Jefferson55920
Sharkey44217
Issaquena1606
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Alabama Coronavirus Cases

Cases: 432536

Reported Deaths: 6379
CountyCasesDeaths
Jefferson63523957
Mobile30967562
Madison27627201
Tuscaloosa21122268
Montgomery19495326
Shelby18941126
Baldwin16798188
Lee12901102
Morgan12447129
Etowah11911178
Calhoun11365205
Marshall10322119
Houston8813156
Limestone823176
Cullman8159106
Elmore8056104
DeKalb7796102
Lauderdale773399
St. Clair7705122
Talladega6347109
Walker5993174
Jackson590341
Colbert543274
Blount541186
Autauga527061
Coffee454160
Dale405482
Franklin371948
Russell345712
Chilton340972
Covington334168
Escambia328344
Dallas310196
Chambers297370
Clarke290536
Tallapoosa2665107
Pike258830
Marion250155
Lawrence249150
Winston231442
Bibb219848
Geneva206946
Marengo205229
Pickens198631
Hale180842
Barbour177836
Fayette174528
Butler171358
Cherokee162530
Henry157523
Monroe150718
Randolph143236
Washington139527
Clay128546
Crenshaw121644
Cleburne119724
Lamar119621
Macon119637
Lowndes112536
Wilcox105822
Bullock101428
Perry99118
Conecuh96320
Sumter89726
Greene76723
Coosa62215
Choctaw51624
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