Why no hush-money charges against Trump? Feds are silent

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Why no hush-money charges against Trump? Feds are silent

2019-07-20 04:34 Last Updated At：04:40

When special counsel Robert Mueller closed the books on the Russia investigation, he produced a report of more than 400 pages, and Attorney General William Barr held a news conference outlining the reasons the Justice Department didn't charge President Donald Trump.

But in stark contrast to the Mueller inquiry, federal prosecutors in Manhattan have remained tight-lipped about their rationale for charging only Michael Cohen, Trump's former attorney and fixer, in a hush-money scandal in which they publicly implicated the president and investigated others in his orbit.

There was no news conference or press release announcing the end of the investigation this week. The U.S. Attorney for the Southern District of New York, Geoffrey Berman, has stayed silent on the matter. His office declined to answer questions.

The closure of the case became public only because news organizations, including The Associated Press, petitioned a judge to release search warrants related to the FBI raid of Cohen's office and hotel room last year.

It was amid that litigation — and at the behest of a federal judge— that prosecutors revealed in a court filing this week that they had closed their investigation into the campaign finance violations Cohen committed when he arranged payments to silence two women who claimed they had extramarital affairs with Trump.

That probe, begun in 2017, turned up evidence that Trump himself was aware of the payments, despite his initial public claims to know nothing about them, including a recording in which Trump can be heard speaking to Cohen about efforts to buy the continued silence of Karen McDougal, a Playboy model.

Prosecutors went as far as saying in court filings that Trump directed Cohen to make the payments, though they referred to him in court filings as "Individual 1," not by name.

The U.S. House Oversight Committee on Friday asked prosecutors to produce documents and evidence in the case, saying they wanted to get to the bottom of the decision to charge Cohen but no one else.

"The committee is seeking to determine whether the internal Department of Justice policy against indicting a sitting president — the same policy that prevented Special Counsel Robert Mueller from bringing an indictment against President Trump for obstruction of justice in the Russian election interference investigation — played any role in your office's decision not to indict President Trump for these hush money crimes," the committee's chairman, Maryland Democrat U.S. Rep. Elijah Cummings, wrote in the letter.

"The office of the president should not be used as a shield for criminal conduct," Cummings added.

They asked that the records be produced by Aug. 2.

The U.S. attorney's office declined to comment.

Federal prosecutors generally don't offer public explanations for investigations that fail to lead to criminal charges, but they sometimes make exceptions in cases of public importance.

The U.S. attorney in Brooklyn this week, for instance, summoned reporters to explain why the Justice Department decided not to prosecute a white New York City police officer accused of using a banned chokehold in the 2014 death of an unarmed black man, Eric Garner, calling the case a "terrible tragedy" but one that didn't warrant civil rights charges.

Former FBI Director James Comey made detailed public statements after deciding not to recommend charges in an investigation of Hillary Clinton's use of a private email server during her time as secretary of state. Comey told reporters he believed the "American people deserve those details in a case of intense public interest."

In 2017, acting U.S. Attorney Joon Kim announced he would not bring public corruption charges against New York Mayor Bill de Blasio, a Democrat now running for president, after an investigation into alleged campaign finance violations.

"I find it odd they haven't made clear what happened here," Matthew Miller, a former Justice Department spokesman during the Obama administration, said of the Justice Department's decision not to say anything publicly about the end of the Cohen investigation.

"They've set up this system in which the president is treated differently than anyone else in the country," Miller said. "Given that they publicly named the president as having directed a crime, it makes no sense for them to end this investigation without at least telling Congress what they found."

Bruce Green, a former prosecutor in the Southern District of New York, disagreed, saying it is "unusual and extreme" for federal prosecutors to explain a decision not to prosecute.

"It's not the ordinary practice," said Green, who directs the Louis Stein Center for Law and Ethics at the Fordham University School of Law. "I don't think there's an exception in this case."

Trump has denied that the payments to McDougal and another woman, the porn actress Stormy Daniels, were a private matter and didn't violate campaign finance rules. While castigating Cohen as a liar, Trump has also said he doesn't believe his former lawyer should have pleaded guilty to the charges.

Federal prosecutors revealed in a court filing this week that they also had investigated whether anyone had given false statements during the inquiry or otherwise obstructed justice, but didn't reveal who those people were.

Associated Press Writer Michael Balsamo in Washington contributed to this report.

'Make sure it doesn't get released;' Star witness Michael Cohen implicates Trump in hush money case

2024-05-14 02:19 Last Updated At：02:30

NEW YORK (AP) — Donald Trump's fixer-turned-foe, Michael Cohen, directly implicated the former president in a hush money scheme Monday, telling jurors that his celebrity client approved hefty payouts to stifle stories about sex that he feared could be harmful to his 2016 White House campaign.

“You handle it,” Cohen quoted Trump as telling him after learning that a doorman had come forward with a claim that Trump had fathered a child out-of-wedlock. The Trump Tower doorman was paid $30,000 to keep the story “off the market” even though the claim was ultimately deemed unfounded.

A similar episode occurred after Cohen alerted Trump that a Playboy model was alleging that she and Trump had an extramarital affair. Again, the order was clear: “Make sure it doesn't get released,” Cohen said Trump told him. The woman, Karen McDougal, was paid $150,000 in a hush money arrangement that was made after Trump was given a “complete and total update on everything that transpired.”

“What I was doing was at the direction of and benefit of Mr. Trump,” Cohen testified.

Cohen, Trump’s former lawyer and personal fixer, is by far the Manhattan district attorney’s most important witness in the case, and his much-awaited appearance on the stand signaled that the first criminal trial of a former American president is entering its final stretch.

The testimony of a witness with such intimate knowledge of Trump’s activities could heighten the legal exposure of the presumptive Republican presidential nominee if jurors deem him sufficiently credible. But prosecutors’ reliance on a witness with such a checkered past — Cohen pleaded guilty to federal charges related to the payments — also carries sizable risks with a jury. In addition, it could be a boon to Trump politically as he raises money off his legal woes and paints the case as the product of a tainted criminal justice system.

Though jurors have heard from others about the tabloid industry practice of “catch-and-kill,” in which rights to a story are purchased so that it can then be quashed, Cohen's testimony is crucial to prosecutors because of his proximity to Trump and because he says he was in direct communication with the then-candidate about embarrassing stories he was scrambling to prevent from surfacing.

Besides payments to the doorman and to McDougal, another sum went to porn actor Stormy Daniels, who told jurors last week that the $130,000 she received was meant to prevent her from going public about a sexual encounter she says she had with Trump in a hotel suite a decade earlier.

Cohen also matters because the reimbursements he received from that payment form the basis of the charges against Trump — 34 felony counts of falsifying business records. Prosecutors say the reimbursements were logged, falsely, as legal expenses to conceal the payments’ true purpose.

Cohen gave jurors an insider account of his negotiations with David Pecker, the then-publisher of the National Enquirer, and the newspaper's top editor about suppressing stories harmful to Trump, an effort that took on added urgency following the October 2016 disclosure of an “Access Hollywood” recording in which Trump was heard boasting about grabbing women sexually.

The Daniels payment was finalized several weeks after that revelation, but much of Monday's testimony centered on the deal earlier that fall with McDougal.

Pecker earlier testified that he had pledged to be the “eyes and ears” of the Trump campaign and was such a loyalist that he told Cohen that his publication maintained a “file drawer or a locked drawer as he described it, where files related to Mr. Trump were located,” according to testimony Monday.

Cohen testified that he went to Trump immediately after the National Enquirer alerted him to a story about the alleged McDougal affair. “Make sure it doesn’t get released," he says Trump told him.

Trump checked in with Pecker about the matter, asking him how “things were going” with it, Cohen said. Pecker responded: "'We have this under control, and we’ll take care of this,’” Cohen testified.

Cohen also said he was with Trump as Trump spoke to Pecker on a speakerphone in his Trump Tower office.

“David stated it would cost $150,000 to control the story,” Cohen said. He quoted Trump as saying: “No problem, I’ll take care of it," meaning that the payments be reimbursed.

To lay the foundation that the deals were done with Trump's endorsement, prosecutors elicited testimony from Cohen — who spent a decade as a Trump Organization senior executive — designed to show Trump as a hands-on manager on whose behalf Cohen said he sometimes lied and bullied others, including reporters.

“When he would task you with something, he would then say, ‘Keep me informed. Let me know what’s going on,’” Cohen testified. He said that was especially true “if there was a matter that was troubling to him.”

“If he learned of it in another manner, that wouldn’t go over well for you,” Cohen testified.

Defense lawyers have teed up a bruising cross-examination of Cohen, telling jurors during opening statements that he's an “admitted liar” with an “obsession to get President Trump.”

Prosecutors are expected to try to blunt those attacks by eliciting detailed testimony from Cohen about his past crimes. They have also called other witnesses whose accounts, they hope, will buttress Cohen's testimony. Those witnesses included a lawyer who negotiated the hush money payments on behalf of Daniels and McDougal, as well as Pecker and Daniels.

Trump sat silently with his eyes closed as Cohen’s testimony covered the payoff to the doorman and other aspects of the hush money machinations. He did not appear to make eye contact with Cohen as the lawyer took the stand.

Cohen's role as star prosecution witness further cements the disintegration of a mutually beneficial relationship that was once so close that the attorney famously said he would “take a bullet for Trump.” After Cohen's home and office were raided by the FBI in 2018, Trump showered him with affection on social media, praising him as a “fine person with a wonderful family” and predicting — incorrectly — that Cohen would not "flip."

Months later, Cohen did exactly that, pleading guilty that August to federal campaign-finance charges in which he implicated Trump. By that point, the relationship was irrevocably broken, with Trump posting on the social media platform then known as Twitter: “If anyone is looking for a good lawyer, I would strongly suggest that you don’t retain the services of Michael Cohen!”

Cohen later admitted lying to Congress about a Moscow real estate project that he had pursued on Trump's behalf during the heat of the 2016 Republican campaign. He said he lied to be consistent with Trump's “political messaging.”

Defense lawyers are expected to exploit all the challenges that accompany a witness like Cohen. Besides portraying him as untrustworthy, they're also expected to cast him as vindictive, vengeful and agenda-driven.

Since their fallout, Cohen has emerged as a relentless and sometimes crude critic of Trump, appearing as recently as last week in a live TikTok wearing a shirt featuring a figure resembling Trump with his hands cuffed, behind bars. The judge on Friday urged prosecutors to tell him to refrain from making any more statements about the case or Trump.