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Cohen's recording of Trump is a warning sign

Michael Avenatti was right: The "#trumptapes" do exist. Michael Cohen, the man who once said he'd be willing to take ...

Posted: Jul 21, 2018 6:21 PM
Updated: Jul 21, 2018 6:21 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.

Confirmed Cases: 98886

Reported Deaths: 2979
CountyConfirmedDeaths
Hinds7189161
DeSoto569464
Harrison394175
Jackson358570
Rankin337280
Madison334190
Lee293572
Forrest254275
Jones252780
Washington227879
Lafayette221240
Lauderdale2078126
Bolivar187370
Oktibbeha181952
Lamar176237
Lowndes160858
Neshoba1599104
Panola151631
Sunflower149146
Leflore143882
Warren141850
Pontotoc130116
Monroe125369
Pike124954
Copiah119933
Scott118027
Coahoma117530
Lincoln112353
Marshall111821
Grenada110136
Holmes110060
Yazoo106733
Simpson105847
Tate101938
Union101224
Leake96538
Adams94937
Wayne91521
Pearl River91453
Prentiss88418
Marion87537
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Covington83223
George78513
Tallahatchie78324
Newton78124
Winston74619
Tishomingo71039
Tippah70518
Chickasaw69524
Attala67225
Clarke61149
Walthall60426
Clay59919
Hancock59822
Jasper58415
Noxubee55816
Smith55115
Calhoun52912
Tunica50015
Montgomery47020
Claiborne46516
Yalobusha44414
Lawrence43914
Perry43221
Quitman3905
Greene38917
Stone38013
Humphreys37715
Jefferson Davis34711
Amite34210
Webster33913
Carroll33112
Wilkinson30818
Kemper29115
Sharkey26714
Jefferson2439
Benton2333
Franklin1993
Choctaw1876
Issaquena1063
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Alabama Coronavirus Cases

Confirmed Cases: 138162

Reported Deaths: 2405
CountyConfirmedDeaths
Jefferson20221352
Mobile13558295
Tuscaloosa9029118
Montgomery8894187
Madison800580
Shelby616450
Lee601761
Baldwin564052
Marshall398345
Etowah357545
Calhoun356944
Morgan334929
Houston295421
Elmore273948
DeKalb246121
St. Clair237937
Walker236987
Talladega219030
Limestone215720
Cullman192220
Dallas179926
Franklin179430
Autauga179127
Russell17903
Lauderdale175934
Colbert168426
Blount162915
Escambia162024
Jackson161112
Chilton160930
Dale141844
Covington141628
Coffee13936
Pike122011
Chambers117942
Tallapoosa117385
Clarke110916
Marion97629
Butler91740
Barbour8967
Winston75112
Marengo72820
Pickens67215
Randolph67213
Bibb66411
Lowndes65927
Hale65328
Geneva6505
Lawrence63625
Cherokee62013
Bullock61015
Clay5929
Monroe5928
Washington56012
Crenshaw54532
Perry5436
Conecuh53811
Wilcox53211
Henry5145
Macon48318
Fayette47311
Sumter43419
Cleburne4085
Lamar3822
Choctaw35212
Greene30615
Coosa1743
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