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Thread: Trump Lawyer Says Cohen Will Flip

  1. #1

    Arrow Trump Lawyer Says Cohen Will Flip

    It's been reported in the news in the last few days that Trump's lawyers have advised him that Cohen will flip on him. I doubt that Cohen has much useful information to offer to prosecutors that is not privileged.

    Nevertheless, this interview is hilarious! The transcript is below. If you can find the video, that's much more entertaining. Somehow, Erin Burnett got the lawyer who told Trump that to appear on her show.

    BURNETT: -- so I want to people to know that you've known him a long time. You know New York extremely well. He called you.

    GOLDBERG: He did. He called me on April 13th.

    BURNETT: So this is after the raid. How --

    GOLDBERG: Yes.

    BURNETT: OK. So what did he ask you?

    GOLDBERG: He asked me about a number of lawyers and what I thought the lawyer best suited for him would be. And I didn't accept the notion of flip. Flip means to me that when faced with the potential of spending time in jail, he will tell the truth. I don't think that's what the President was concerned about and that's not what I'm concerned about.

    I'm concerned about a person whose facing a lengthy prison term is likely to say those things which in the witness' mind would best position himself for a 5K1 letter which would enable the government to recommend that he'd be shown leniency. That doesn't necessarily mean that he tells the truth.

    Flipping is an expression that we use when a witness is of a mind to tell the truth. But history has shown that people under the threat of heavy litigation glean what the prosecutor is interested in hearing, and they can form their conduct so that they can get what's known as the 5K1 letter. That's what I'm worried about.

    BURNETT: So you're saying he will turn on the President. That he'll say what they want -- basically, he will indict the President, but it wouldn't necessarily be by telling the truth.

    GOLDBERG: That's right.

    BURNETT: That's what your concern about. So do you know Michael Cohen?

    GOLDBERG: I do.

    BURNETT: What makes you think that?

    GOLDBERG: I do that.

    BURNETT: Why do you think that?

    GOLDBERG: I do know him. Well, he is of a type that I've recognized in the past as one not suited to stand up to the rigors of jail life. And don't forget, he is under pressure not only from his own personality, but from his family. They don't see Michael as taking pressure or a fall for somebody else. And if the government requires a certain kind of cooperation or gives out a hint as to what could be necessary, the record has shown --

    BURNETT: So you think he is a weak character, basically?

    GOLDBERG: I do think so. I think in many ways, and it's difficult to say this, prison has a racial overtone. And the person like Michael doesn't see himself walking down Broadway while people are clamoring, "You're going to be my wife." And so he is under pressure from his family to try to figure out what it would take to bring the government aboard as his sponsor.


    BURNETT: So, but -- so you're saying, I want to make sure I understand.

    GOLDBERG: Yes.

    BURNETT: You're saying Michael Cohen, it sounds like you believe did do something wrong, that there could be something criminal here. You wouldn't be worried about jail, otherwise. But you don't think that he would have the goods on the President. He would simply say what they wanted to hear to get out of his own prison which you believe he could very fairly have deserved?

    GOLDBERG: I don't say that the government has importuned him to say certain things that are not true. But a witness in Michael's position is able to glean what it would take to get a letter of cooperation from the government and thereby avoid a lengthy prison term.

    The record is clear. It corrupts the system, said one important federal judge that witnesses under a threat of going to jail for a long period of time generally try to conform their conduct in such a way that they can earn what's known as a 5K1 letter.

    BURNETT: The leniency, they say.

    GOLDBERG: I guess that's what the President is worried about.

    BURNETT: And so what did he say when you told him this? Did he share your concern about Michael Cohen?

    GOLDBERG: He said he understood.

    BURNETT: He said he understood.

    More...


    I don't understand the reference to Broadway. Is "broadway" the name for the hallway in a jail?
    There are decades where nothing happens; and there are weeks where decades happen.

  2. #2

    Default

    You know, I've been thinking about Manafort's stalling tactics and Cohen's apparent lack of concern for his plight when he was caught smoking a cigar and talking to Trump while his lawyers were fighting for him in Court. There's, of course, been speculation (including from me) that they are waiting for Pardons.

    And I've been really dismissive overall of the idea that Trump is actually going to Pardon these two. After all, if he does that while the investigation is going on he puts himself in significant political and legal risk. Arguably, if he thinks that what they have to say would put him in more legal risk, then the Pardons might make sense.

    But I realized the other day that I keep assuming that the Pardons would happen during his tenure at President. Pardons and Commutations normally happen at the end of someone's Presidency. This may be a situation where Cohen and Manafort are hoping to drag their cases out until the start of 2021, in which case Trump could Pardon them or Commute any sentences on his last day of his Presidency with no real political consequences. And likely no legal ones all things considered.

    I'm not sold on this theory by any stretch, but it IS an additional alternative ending to all of this.
    Last edited by time4fun; 04-20-2018 at 10:57 AM.

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