Anywhere you look this morning, you can find an article speculating on the likelihood that Michael Cohen will cooperate with federal prosecutors and implicate the president of the United States in serious crimes in order to lesson his ultimate prison sentence. We should pause for a second a take a deep breath. This is not normal.
Michael Cohen may be under criminal investigation, and that investigation may have been going on for quite some time, but he has not yet been charged with anything. Paul Manafort is facing enough prison time that he could easily die while still in federal custody. So far, Michael Cohen’s problems are still theoretical. Yet, no one who is familiar with him doubts that Cohen is in the same boat as Manafort. Nor does anyone seem to have any second thoughts about assuming that Cohen can provide evidence of massive criminality on the part of Donald Trump. Even the lawyer Trump consulted about Cohen didn’t hesitate to make this assumption.
One of President Donald Trump’s longtime legal advisers said he warned the president in a phone call Friday that Michael Cohen, Mr. Trump’s personal lawyer and close friend, would turn against the president and cooperate with federal prosecutors if faced with criminal charges.
Mr. Trump made the call seeking advice from Jay Goldberg, who represented Mr. Trump in the 1990s and early 2000s. Mr. Goldberg said he cautioned the president not to trust Mr. Cohen. On a scale of 100 to 1, where 100 is fully protecting the president, Mr. Cohen “isn’t even a 1,” he said he told Mr. Trump.
In fact, Jay Goldberg warned the president that Cohen could secretly record him in order to get evidence of his crimes.
Mr. Goldberg said the volume of correspondence taken and the potential pressure the government can bring to bear on Mr. Cohen to testify put the president in more potential peril from the Cohen matter than from special counsel Robert Mueller’s investigation. Mr. Mueller is examining whether members of Mr. Trump’s campaign team colluded with Russians to affect the 2016 election. Russia officials have denied meddling in the election, and Mr. Trump has denied any collusion took place…
…In the call, Mr. Goldberg, a former prosecutor who represented Mr. Trump in divorce and real-estate matters, said he told the president Mr. Cohen could even agree to wear a wire and try to record conversations with Mr. Trump. “You have to be alert,” Mr. Goldberg said he told the president. “I don’t care what Michael says.”
It’s not clear why Jay Goldberg talked about his private counsel to the president with reporters from the Wall Street Journal and allowed them to look at the ‘thank you’ note he received from Trump’s attorney Ty Cobb, but that’s not really relevant. What matters is that he didn’t ask the president if Cohen had evidence of crimes in the records that were seized because both he and Trump already knew the answer to that question. Furthermore, if the records alone weren’t enough, he cautioned Trump that being candid with Cohen would be dangerous because their conversations might be recorded.
It’s telling that the people who have an acquaintance with the facts understand that the only question now is if Cohen will flip on the president, not whether he has anything to offer to the prosecutors. But I think this is the wrong question to ask.
A better question is if the prosecutors now have all the evidence they need from Cohen. They may not need his testimony at all. Everyone is wondering if he’ll cut a deal, but the prosecutors may have no interest in a deal. The biggest piece of evidence Cohen could probably provide is oral confirmation that he did indeed travel to Prague as the Steele Dossier alleges in order to collude with the Russians in paying off hackers and covering up Paul Manafort’s connections to the Kremlin. But the prosecutors reportedly have evidence that Cohen made the trip. They had that evidence before the raids on Cohen’s home, office and hotel room. Certainly, Cohen could fill in important details and explain what Trump knew and when he knew it, but if he doesn’t want to cooperate it might not be necessary to cut a sweet deal to prove the case.
The Prague trip is hardly the only criminal vulnerability here. Cohen has been involved in real estate deals and negotiations abroad that probably involved bribes and other financial crimes. He’s made threats against journalists and people who have accused Trump of everything from fraud to sexual assault. Stormy Daniels alleges that Cohen sent someone to threaten her in Las Vegas, which was done in front of her child. Yesterday, she released a sketch artist’s drawing of the man who told her she had a nice child and it would be a shame if something happened to her mother. We already know he’s under investigation for bank fraud, wire fraud, and campaign finance violations in relation to his efforts to help Trump cover up his sexual dalliances. Prosecutors also seem to have him on something related to New York City’s (and maybe Chicago’s) taxicab business, although that’s not likely to involve the president. To be honest, this is just scratching the surface. As Josh Marshall reported this week, Cohen is so tightly connected to the Russian mafia that he essentially is the Russian mafia.
TPM first reported last year that Cohen was actually a childhood friend of Felix Sater, whose father was himself a reputed capo in the Mogilevich organized crime syndicate, said to be Russia’s largest and most dangerous. Filling out this picture of how Cohen fell into this milieu we’ve always been focused on the fact that Cohen’s uncle, Morton Levine, owned and ran a Brooklyn social club, El Caribe, which was a well-known meeting spot for members of Italian and Russian organized crime families in the 1970s and 1980s. (Levine, a medical doctor has never been charged with a crime.) But now it turns out there’s a bit more to this story.
I came across this in a January AP article about Boris Nayfeld, one-time organized crime boss in Brooklyn who now wants to go home to Russia to start a new life. Nayfeld is 70 and he just finished his latest prison sentence. The whole story is a bit low energy and a sad sack in a nonetheless menacing and predatory way.
According to published reports, in the 70s and early 80s, the boss of the Russian mob in New York (and for practical purposes the whole U.S) was a man named Evsei Agron. Things ended badly for Agron when was gunned down in a mob hit in 1985. After Agron was assassinated, his organization was taken over by under-boss Marat Balagula. Authorities believed Balagula was behind Agron’s killing. But he was never charged with the crime. Balagula ran things until 1991 when he was convicted of gasoline bootlegging. Nayfeld had been the bodyguard and enforcer for both Agron and Balagula, one would say more successfully in the latter case than the former. He took over the organization when Balagula went to prison.
What I didn’t realize until now is that both Agron and his successor Balagula ran their operations out of an office in the El Caribe social club. So the El Caribe wasn’t just a mob hangout. From the 70s through the 90s at least, the bosses of the Russian mafia in the U.S. literally ran their crime organization out of the El Caribe.
So Michael Cohen’s uncle Morton Levine’s social club was the headquarters of Russian organized crime in the U.S.
That’s quite something.
The AP article includes another detail.
According to Levine, who is apparently still alive, all his nieces and nephews owned shares of the El Caribe and still do. Levine told the AP that Michael Cohen owned his stake in the club until Donald Trump was elected President when he “gave up his stake.”
That was probably wise!
It was also very recent.
Let me repeat. Michael Cohen owned a stake in the Russian mafia’s social headquarters in the United States until some time after the president was elected. As I noted two days ago, Cohen also spent time when he was supposed to be in court last week smoking cigars with a man who serves as the “right-hand man” of one of Vladimir Putin’s closest allies.
I don’t know what the FBI got in their haul of Michael Cohen’s records, but it’s likely the motherlode. They’re going to have more options for bringing charges than there are items on a New York City Chinese menu. The time for Cohen to talk was long before now. I am certain of that.
Trump can certainly pardon him but New York Attorney General Eric Schneiderman has a plan for that. In fact, he sent a letter yesterday to Governor Andrew Cuomo and leaders in the state legislature asking them to promptly clean up the Empire State’s law so that there can be no doubt that Cohen can be charged for state crimes even if he is pardoned for federal ones. I expect that they will oblige him.
It’s still interesting to speculate about whether Cohen will flip on Trump and also about what he might have to say. But I don’t think it really matters whether he does or not. What matters is what the FBI already has, and unless they can somehow be prevented from looking at their evidence, this broad criminal enterprise is going to be exposed.
Cohen may also be considering who he is more afraid of, the NY prosecutors, Mueller or the Russian maffia? How can he protect his family and is Trump going to pre pardon him so that evidence does not make it into court?
A cold reality is that Cohen could be disappeared, dead or alive.
With Mueller’s penchant for producing paper evidence it may well be that he already has what he needs without Cohen testifying or even cooperating in order to get Trump. But there’s a whole host of people that Cohen likely can connect the dots on that may not have appeared on Mueller’s radar. At this point, it’s more of a Trump and beyond than I would have thought.
We’re all wondering what the endgame will look like. It’s easy to slip into the habit of thinking that all the pieces on the board active in the endgame will be politicians, lawyers, and judges.
There are others.
What amazes me is how happy and seemingly unconcerned trump always appears to be in recent photo op get togethers. I can’t get my head around that.
His whole life he’s been able to evade real consequences for all the shit he’s done; even his bankruptcies were escapes from consequences. I daresay he assumes he’s untouchable no matter what.
He’s likely also a grand master class reality denier.
All great news, Booman. I sincerely hope that it works out as you predict.
Great news…except for maybe this part:
Schneiderman sent a letter…to a bunch of other crooks!!! Considering the level of criminality in Albany over the past…oh, let’s just say 50 years to be on the moderate side…I’d say it’s about a 50/50 bet that these people will do anything except whatever “loyalty among thieves” demands in this situation. If Cohen’s and Trump’s thieves are also their thieves…or at least allied with their thieves? Or if they simply want to screw Schneiderman because he has been looking into their own criminality?
As my sainted Irish grandmother often used to say, “There’s many a slip ‘twixt the cup and the lip.”
Yup.
Watch.
Watch these people like they wuz hawks.
‘Cuz they are!!!
AG
I have seen the New York Senate described as “completely dysfunctional with a bunch of Democratic quislings. Real quislings not, like, Manchinesque quislings”.
So let’s hope we’re lucky.
As a proud citizen of the Empire State, I can attest to the accuracy of that statement. However, I disagree with Gilroy’s implication in this case, for reasons described in my post below.
And, as is clear from the annals of history, all crooks the world over are united in a seamless alliance the heroic fight against law and order.
Actually things are just a wee bit more nuanced than that.
Trump made an unbelievably stupid mistake in thinking he could drag both the FBI and the national intelligence community into a life and death struggle and win. And anybody in Albany (if there are any that stupid) that thinks they can do that will wind up in the same boat. Obstruction of justice.
Most of the national GOP, by the way, HAS been exactly that stupid. It will be fun to see how long it takes them to get it. A few (like Ryan, but he was never in Trump’s good graces) already do.
Look, this isn’t an ordinary corruption case. It’s a case that strikes at the heart of national security. We’re so used to hearing the phrase “national security” used for bullshit purposes — we need to realize that this is the real thing. It goes way beyond the explanatory power of knee-jerk cynicism.
I hope that you are right, priscianus jr, but the long and fruitful crookedness of Albany seems to have ridden out every righteousness storm since the beginnings of the state.
Remember…I understand these people on a cellular, genetic level. My great-grandfater was a poverty-stricken Irish immigrant who had a successful Tammany Hall career…eventually Commissioner of Public Works (a den of graft, bet on it), and then Mayor of NYC. And…my grandfather on the other side of the family (also up from the 1800s working class, fishermen and farmers version) rose trough Long Island Republican ranks to become Commissioner of Roads (another juicy position in the early-mid-1900s); one of his junior associates became campaign manager for Dwight Eisenhower and my grandfather essentially invented the following legal graft approach…you buy the right insurance and you’ll get your road…that when overdone was the end of Sen. Al D’Amato and his brother’s patronage scam.
Sure, they’ll duck and cover. The only questions are…in which directions will they duck ,and into behind shelters will they cover.
We’ll see…
AG
cf. Judith Miller and her NYT editors once (long ago now) committed egregious and immensely consequential (e.g., million prematurely dead Iraqis, give or take) “journalistic” malpractice enabling the War Crime of dubya’s Iraq invasion . . .
. . . ergo anything and everything ever after appearing in NYT must be dismissed as unbelievable.
The first part’s true of course. It’s the notion that the second part flows reasonably from the first part that is ludicrous.
But that previous ag “argument” paraphrased above is analogous to the “argument” he presents here, both with utter absence of any discernment.
But that’s ag.
ummm….yeah. It makes a difference if Cohen flips.
Cohen has been Trump’s lawyer since 2001. Is there ANYONE, here or elsewhere, who believes that a NY real estate developer can make a big deal and not be in bed with [you pick your own set of crooks]? Cohen knows where the proof is. Cohen knows who the paid off crooks are. Cohen knows when the deals went down. We are fixated on Trump, but there is a whole WORLD of bad guys in Manhattan that Cohen could finger.
Most likely, Booman is right and Meuller doesn’t need Cohen. But Meuller is not the only show in town. And he is the quintessential team player. He’d gladly give up a small time grifting lawyer for some really connected goombahs … mob or not.
Maybe I’m misreading, but I thought this was exactly Booman’s point. What if all of those details are already in the hands of investigators because of what they’ve seized from Cohen?
A lot of people wonder why (to paraphrase The Wire) “you’d be taking notes on a motherfucking criminal conspiracy”? But when you’re dealing with a bunch of shitheads you don’t trust, you need something to be able to hold over them to ensure their side of the deal.
Also, for months Mueller…or the NY district Federal Attorney have had access to Cohen’s emails, and presumably his phone calls. And then when the raids happened, Trump actually called Cohen!
That puts Cohen’s walking to that meeting (the one Booman referred to yesterday) with the mobsters in perspective. Of course it was a face to face, because his phones are tapped.
Almost certainly Cohen believed he could hide everything under Attorney Client privilege. Then he suddenly finds out it was penetrated months ago.
That can’t be a good feeling.
.
” … there is a whole WORLD of bad guys in Manhattan that Cohen could finger.”
Yes, but Booman’s point IS that Mueller probably doesn’t need Cohen, he’s already got enough evidence. He had a lot even before they nabbed Cohen’sfiles, otherwise they couldn’t have gotten a warrant. Now that they have the files … well, as Booman says, it’s the mother lode.
I think what you’re suggesting is that Mueller could pass evidence on to other prosecutors. Well, as I understand it, he has to be careful about that because any evidence relevant to other real estate developers — and you’re right, the whole industry is riddled with corruption — MUST be related to Trump. If Mueller violates those terms, his many enemies would have an excuse to get him ousted.
Schneiderman, on the other hand, has broader powers. Technically he could do that. But he too is on much stronger ground with a Trump connection, because that’s where the vulnerability is. Otherwise you’re just attacking the most powerful forces in New York.
You raise an interesting question, though. How much is Cohen likely to know about crooked deals NOT directly related to Trump? The answer is, he MIGHT know about some other deals involving the Russian mafiya — but not beyond that. And how much he would even know about mafiya activity beyond Trump is doubtful.
On the other hand, others involved in the Trump case know stuff about this too — Jared Kushner and Junior come to mind.
Russian dirty money has certainly been a major factor in NY’s overheated real estate market in recent years, but money has been pouring into NY from all over the world, not to mention domestic investors. Still, the Russians represent a sizeable chunk of that.
Aren’t we getting ahead of ourselves by saying Mueller has the files? Don’t those files have to go through the ‘taint’ team first before they’re turned over to the government? Technically, Mueller doesn’t have the evidence.
There is no 11-, or even 3-, dimensional chess going on here.
Mueller does need Cohen’s cooperation.
How do I know that?
If he didn’t, Cohen would have been arrested.
Oh that mother load may take down the entire Russian mafia in NYC. One or some in that community may flip just so they don’t get sent back to Russia. The Russians may have more stuff on the donald that won’t be found in those files. Now Mickey the Rat Cohen…I just don’t know what he will do.
Most of The 46% were certainly aware that their “biznessman” hero Donald Trump was a political criminal, just as the Germans of the Great Depression were (tirelessly) informed that their future Fuhrer was one as well. They could not be made to care. Donald Trump should have been behind bars long before he ever dreamt of becoming Der Trumper. It appears law enforcement failed spectacularly in his case. Using a (phony) lawyer as a fixer and relying on attorney client privilege as a supposed impenetrable shield is the oldest trick in the mafia playbook.
It seems likely that the seized Cohen documents are the most likely route to a smoking gun of collusion. Donald’s Trump’s ocean of past financial crimes are of consequence only to historians. And Mueller’s access to these Cohen documents is now the legal question of the day. It doesn’t look like this issue will be resolved anytime soon, as even Trump’s woeful legal team know this is the whole enchilada. Assuming Judge Kimba Wood allows Mueller access to the CohenLode, the issue will have to make its way (via appeals for extraordinary writ) up to Roberts’ Repubs to see what Justice Kennedy makes of the matter, since he personally gets to decide all questions of consequence in FailedNation, Inc.–at least until he retires.
As recently popularized in “The Post”, the Supreme Court ruled against Nixon in 1971 when Deputy AG Rehnquist sought to unconstitutionally restrain the press. But that is the difference between having a Dem Supreme Court and Repub one, since there is little doubt how Roberts’ Repubs would have ruled in the Pentagon Papers case. Now we will have the CohenLode case…what will the film version of this look like 45 years on? Will audiences applaud or boo the result?