I have to admit, this NY trial of Trump over how a legal bill was ‘booked’ by the Trump Organization just doesn’t add up. I’m not going to repeat what has been said, rather I’d like to explore a few questions that business owners like me are asking.
First, how is it that Trump’s lyin’ lawyer Cohen is able to testify against Trump, his client, upending every principal of attorney-client privilege? I consulted with a couple of lawyers on that one and was told that because Cohen was an active participant in the alleged offense, the attorney-client privilege rule is broken or waived. So don’t go into a criminal act with your lawyer!
Second, Cohen claims that Trump ‘signed off on everything’. Really? If that was so, how come the prosecution didn’t enter an exhibit into the record some document that Trump signed off on the settlement payment to Cohen’s law firm? Because one doesn’t exist. The invoice said legal services - apparently it didn’t say “hush money payment to porn star." Cohen or his law firm is the one that sent the invoice as legal services. How was anyone in Trump’s organization to know what the $130,000 was for?
Third, apparently Cohen borrowed the settlement money against his own house rather than using his law firm’s money, which would explain a few things. I couldn’t understand how any law firm would allow the firm’s money to be used to make a settlement payment, so Cohen using his own money explains and demonstrates that Cohen himself bypassed the law firm because he may have known they wouldn’t allow the payment or allowing Cohen to sign the settlement.
Personally, I’ve never heard of a law firm or a lawyer signing a settlement agreement on behalf of a client. That would mean taking on a lot of risk; not that it can’t be done if the client signs a power of attorney, but oops, that’s right, the prosecution hasn’t entered that into the record either, so there must not be one.
And without a power of attorney, without any evidence of Trump ordering or ‘signing off’ on the settlement, it sure looks like Cohen may have allegedly orchestrated this whole thing himself. Sure, he may have done it for his client expecting a big thank you down the road, but that was his decision; that’s on him. Frankly, that’s a pretty bold decision to act on his own. Emphasis on act on his own.
Cohen has testified that he despises Trump, that he wants his client convicted of this phony charge, and that Trump was intimately involved in the whole settlement and accounting dispute. But Trump was on the campaign trail, busy every minute, never one minute being left alone.
Plus, the accounting issue is over how Trump’s accountant booked the expense, as legal services, as was appropriate. The prosecution is trying to claim that the legal expense should have been booked as a campaign expense and booked through the campaign apparently, which makes no sense.
You know why, because if the settlement cost was expensed through the campaign, that would be wrong, because it would mean using campaign donation money to pay the settlement, which was a personal matter, not a campaign expense. Makes no sense. Now, can someone mansplain to me how the prosecutor got 34 counts out of this one accounting booking dispute?
Lastly, settlements and payments in settlement agreements are done thousands of times a year in America. This one is nothing new. What is new is that a prosecutor is trying to criminalize normal, everyday business behavior. Sooo, Americans everywhere should be worried that they may be next. If the jury agrees that some law was broken, it will set a very bad precedent.
Worse, since I believe naively in the ability of juries to "get it right," but I am worried that the judge will override the jury’s decision to acquit and issue a directed verdict, since the judge has demonstrated repeatedly that he is out to get Trump.
Arrrg, so frustrating. While most of us don’t understand all the legal maneuverings, we do know that what we see is just plain wrong.
Wisconsin Right Now is a news organization focused on covering the news from a conservative point of view, in particular on politics and policy issues through analysis and opinions, and is protected by the first amendment of the United States constitution. WRN and the columnist does not make endorsements of candidates or urge a vote for or against any candidate or issue. On October 18 and November 23, 2023 Donald Trump tweeted out on Trump’s Truth Social account T. Wall’s October 6th column on Trump’s property valuations. T. Wall holds a degree from the UW in economics and an M.S. in real estate analysis and valuation and is a real estate developer. Disclaimer: The opinions of the writer are not necessarily those of this publication or the left!
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