Because he's afraid that they would countersue for the amount of free publicity that they gave him, which would make the Dominion lawsuit look trivial.
The paper trail shows that Trump Org paid Cohen $420k in 12 monthly payments of $35k each as a legal retainer. That, however, doesn’t prove TFG committed the crimes for which he’s been indicted (falsification of business records).
At a minimum, you need Cohen to testify that there was no “legal retainer,” and that the real reason for the payments was reimbursement for the payoff to Daniels. Cohen will also need to testify that this was done at TFG’s direction, in order for him to be personally liable. You will likely also need Weisselberg to testify as to the reimbursement scheme, and the fact that Weisselberg authorized the payments to Cohen at TFG’s direction.
IAAL who has actually tried cases to a jury, and if you think that a case can be won without the testimony of witnesses, then I don’t know what to tell you.
Even accounting for loan origination fees and say 6 months - hell, even a year - of interest payments on the $130k HELOC, there is no way those additional expenses add up to $100k, which is the difference between the extra $290k that Cohen received and his tax liability of around $190k. $290k being the difference between the $420k Cohen was “reimbursed” and the $130k that Cohen paid to Daniels’ attorney.
I agree that Cohen willingly serving time for this scheme might be a useful factor. That said, the DOJ apparently had Cohen on the hook for multiple crimes, and he took a plea deal which included this specific campaign finance crime. Did he structure his plea deal to specifically have something he could use against TFG?
And of course, there is the fact that Cohen even proposed this obviously illegal scheme to TFG in the 1st place, when they could have simply routed $130k of TFG’s personal funds through a shell company, and none of that would be illegal. So why give TFG this option in the 1st place? Was it Cohen’s greed? Incompetence? AOT,K?
Personally, I think TFG is guilty as sin. But, looking at the facts currently known from the perspective of a lawyer who has actually tried cases to a jury, I’m inclined to think this case is no slam-dunk. There are inherent weaknesses in relying on Cohen as a witness, which are probably the reasons neither Vance nor the Biden DOJ decided to charge TFG with these particular crimes.
Cohen was “reimbursed” $420k for an expense of $130k, leaving a difference of $290k. Assuming that he was already in the highest federal income tax bracket, his state and federal income taxes would be just under $190k, for a profit of $100k.
Even taking into account origination fees and a year’s worth of interest payments on the $130k HELOC, there is NO WAY that cost $100k. Best guess is that Cohen pocketed somewhere around $60 - $90k, after taxes and expenses. That is not nothing, and it’s certainly enough to raise reasonable doubt as to why the transaction was set up this way. Especially since the payoff to Daniels would not have been illegal if it was made using TFG’s personal funds, either paid in cash or routed through a shell company.
Assuming TFG keeps his trap shut at trial, there are lots of ways that competent defense counsel could attack Cohen to create reasonable doubt as to TFG’s guilt.
MY lips on HIS backside? It'll be a cold day in hell when that happens. He's a two-bit piece of shit criminal and I hope he takes his last breath in an orange jumpsuit.
I asked a simple question about why does it matter that Hoffman funded any of Carroll's defense. I don't feel that's an unreasonable question.
To my mind its very simple. Either there is a paper trail or there isn't. No eyewitness testimony should be needed other than to verify the authenticity of the documents. If it is, then Bragg is a fool because eyewitness testimony is too unreliable to be believed. I would never find someone guilty in a case which required eyewitness testimony.
Because he's afraid that they would countersue for the amount of free publicity that they gave him, which would make the Dominion lawsuit look trivial.
You're assuming he can think that well.
Johnny you really have to remove your lips from Donnie's backside. You spend way too much time thinking about this third rate grifter.
The paper trail shows that Trump Org paid Cohen $420k in 12 monthly payments of $35k each as a legal retainer. That, however, doesn’t prove TFG committed the crimes for which he’s been indicted (falsification of business records).
At a minimum, you need Cohen to testify that there was no “legal retainer,” and that the real reason for the payments was reimbursement for the payoff to Daniels. Cohen will also need to testify that this was done at TFG’s direction, in order for him to be personally liable. You will likely also need Weisselberg to testify as to the reimbursement scheme, and the fact that Weisselberg authorized the payments to Cohen at TFG’s direction.
IAAL who has actually tried cases to a jury, and if you think that a case can be won without the testimony of witnesses, then I don’t know what to tell you.
Even accounting for loan origination fees and say 6 months - hell, even a year - of interest payments on the $130k HELOC, there is no way those additional expenses add up to $100k, which is the difference between the extra $290k that Cohen received and his tax liability of around $190k. $290k being the difference between the $420k Cohen was “reimbursed” and the $130k that Cohen paid to Daniels’ attorney.
I agree that Cohen willingly serving time for this scheme might be a useful factor. That said, the DOJ apparently had Cohen on the hook for multiple crimes, and he took a plea deal which included this specific campaign finance crime. Did he structure his plea deal to specifically have something he could use against TFG?
And of course, there is the fact that Cohen even proposed this obviously illegal scheme to TFG in the 1st place, when they could have simply routed $130k of TFG’s personal funds through a shell company, and none of that would be illegal. So why give TFG this option in the 1st place? Was it Cohen’s greed? Incompetence? AOT,K?
Personally, I think TFG is guilty as sin. But, looking at the facts currently known from the perspective of a lawyer who has actually tried cases to a jury, I’m inclined to think this case is no slam-dunk. There are inherent weaknesses in relying on Cohen as a witness, which are probably the reasons neither Vance nor the Biden DOJ decided to charge TFG with these particular crimes.
Cohen was “reimbursed” $420k for an expense of $130k, leaving a difference of $290k. Assuming that he was already in the highest federal income tax bracket, his state and federal income taxes would be just under $190k, for a profit of $100k.
Even taking into account origination fees and a year’s worth of interest payments on the $130k HELOC, there is NO WAY that cost $100k. Best guess is that Cohen pocketed somewhere around $60 - $90k, after taxes and expenses. That is not nothing, and it’s certainly enough to raise reasonable doubt as to why the transaction was set up this way. Especially since the payoff to Daniels would not have been illegal if it was made using TFG’s personal funds, either paid in cash or routed through a shell company.
Assuming TFG keeps his trap shut at trial, there are lots of ways that competent defense counsel could attack Cohen to create reasonable doubt as to TFG’s guilt.
MY lips on HIS backside? It'll be a cold day in hell when that happens. He's a two-bit piece of shit criminal and I hope he takes his last breath in an orange jumpsuit.
I asked a simple question about why does it matter that Hoffman funded any of Carroll's defense. I don't feel that's an unreasonable question.
My bad. Possibly I misread your comment.
No biggie. I've misread other comments and I will (inadvertently) do it again. But I hope not! THANKS for replying!!
mea culpa is my - not really - guilty pleasure.
The guy is charming in an odd way
His humbleness is enough to bring the strong man tears.
I love that he used the term "counter screw"... :)
To my mind its very simple. Either there is a paper trail or there isn't. No eyewitness testimony should be needed other than to verify the authenticity of the documents. If it is, then Bragg is a fool because eyewitness testimony is too unreliable to be believed. I would never find someone guilty in a case which required eyewitness testimony.
I don't know. I moved up the ladder and didn't have to deal with end users.
Fuck Ted Cruz