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re: Alan Dershowitz: Cohen 'Pleading Guilty to a Crime that Doesn't Exist'

Posted on 8/24/18 at 2:31 pm to
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123896 posts
Posted on 8/24/18 at 2:31 pm to
quote:

Alan Dershowitz: Cohen 'Pleading Guilty to a Crime that Doesn't Exist'




That's it! I'm opening up the NC Tigah Law Practice
quote:

Cohen's plea deal included the oddity of copping to a nonexistent "crime" which was solely designed to implicate Trump. ( LINK)


Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 8/24/18 at 2:33 pm to
quote:

Does anyone else find it a bit odd that Cohen chose Lanny Davis for legal counsel?


The Cohen thing is a Dem op therefore a Long time Clinton operative is running Cohen.
Posted by GetBackToWork
Member since Dec 2007
6254 posts
Posted on 8/24/18 at 2:33 pm to
I'm guessing Coheb had far greater worries than this. The IC didn't care about his personal issues, but wanted cooperation to go after Trump.
Posted by ninthward
Boston, MA
Member since May 2007
20415 posts
Posted on 8/24/18 at 2:34 pm to
quote:

Dershowitz continued, “Even if it’s true that President Trump contributed $280,000 for the explicit purpose of paying hush money in order to prevent the public from knowing that he had these alleged affairs with these two women, that would simply not be a crime. It might be a political sin, but it would not be a crime.”
All you need to know.
Posted by beaverfever
Little Rock
Member since Jan 2008
32681 posts
Posted on 8/24/18 at 2:38 pm to
It’s not a crime. That’s the most ridiculous part of this whole charade. Paying people to keep quiet about things that would embarrass you is standard operating procedure for politicians and billionaire celebrities. Trump has used his own money to protect his image many times I would assume. It’s obviously not a great look but there’s nothing illegal about it. Cohen and his Clinton hack lawyer threw that plea in there as a bargaining chip against a politically motivated prosecutor.
Posted by Blizzard of Chizz
Member since Apr 2012
19045 posts
Posted on 8/24/18 at 2:44 pm to
quote:

What Cohen pleaded guilty to may not even be a crime, the part about the election campaign laws


so someone with some legal expertise explain this to me. What is the recourse to someone pleading guilty to a crime that isn't a crime? This seems like a really bad legal precedent no matter what your political leanings.
Posted by MizzouBS
Missouri
Member since Dec 2014
5833 posts
Posted on 8/24/18 at 2:48 pm to
Both Cohen and Davis knew he was being thrown under the bus by Weisselberg and Pecker. The flippers and leakers

Cohen had no choice
Posted by beaverfever
Little Rock
Member since Jan 2008
32681 posts
Posted on 8/24/18 at 2:50 pm to
Mark levin has been talking about this for months. A former chairman of the FEC has been on his show twice and he was very adamant that even if the allegations were true there would be no campaign finance violation. Not to mention that campaign finance violations aren’t even that big of a deal.
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 8/24/18 at 2:50 pm to
quote:

so someone with some legal expertise explain this to me. What is the recourse to someone pleading guilty to a crime that isn't a crime? This seems like a really bad legal precedent no matter what your political leanings.


What do you mean by recourse? I mean just because someone admits that they did something to cops, doesn't mean that thing was illegal, and if it isn't illegal, a judge isn't going to bother with it, so really this is an irrelevant discussion. Yeah Cohen admitted to paying a whore hush money, that's not illegal though, so it's meaningless to the legal system.
Posted by beaverfever
Little Rock
Member since Jan 2008
32681 posts
Posted on 8/24/18 at 2:51 pm to
quote:

so someone with some legal expertise explain this to me. What is the recourse to someone pleading guilty to a crime that isn't a crime? This seems like a really bad legal precedent no matter what your political leanings.
It’s not a legal precedent whatsoever.
Posted by Covingtontiger77
Member since Dec 2015
10247 posts
Posted on 8/24/18 at 2:51 pm to
I agree with Professor Dershowitz.

However, it’s easy to say this when you are not the one that is facing the consequences of being found guilty and the fincancial ruin in mounting a defense to what the professor considers a non chargeable crime.

Easier said than done Professor
Posted by starsandstripes
Georgia
Member since Nov 2017
11897 posts
Posted on 8/24/18 at 2:51 pm to
Guys, guys, guys.....settle down. There are no political motivations in the DOJ. The great and honorable Jeff Sessions has told us.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123896 posts
Posted on 8/24/18 at 2:57 pm to
quote:

I'm guessing Cohen had far greater worries than this.
Oh yes.
He had 65yrs worth of financial accusations to deal with.

Had he not copped to a nonexistent crime allowing Trump to be labeled an unindicted co-conspirator to the same nonexistent crime, there would have been no plea deal. Inventing that angle was probably Lanny Davis's contribution.

The plea allows mission creep vis-a-vis Pecker, and the Trump Foundation CFO. Those folks were quickly granted immunity in hopes either will open up other doors toward gaining access to Trump's Tax Records.

Of course this approach is exactly opposite to Hillary's investigation where immunity was granted willy-nilly to prevent anyone getting anywhere near a HRC indictment.

The Cohen plea was immediately used as an excuse to break into the Trump Foundation via an immunity deal. If they can find ANY hint of a smidgen of alleged wrong-doing there, they'll do everything possible to lever it as an excuse to get to Trump's Personal Tax Records.
Posted by Blizzard of Chizz
Member since Apr 2012
19045 posts
Posted on 8/24/18 at 3:05 pm to
quote:

What do you mean by recourse?


let me try a different word. What are the ramifications of someone pleading guilty to a crime that isn't a crime? What path are we now walking down? I'm not exactly comfortable with people pleading guilty to crimes that aren't crimes so prosecutors can make political statements, which is what this was. I'm not saying he isn't guilty of other crimes, but I do believe plea agreements should be constrained to those areas and not begin to wander into legal grey areas such as this. The other part that bothers me is that the specific crime/non crime he pled guilty to will not face legal scrutiny in court because Cohen agreed not to challenge his plea on appeal. So what we are left with is are very serious questions about whether or not the man pled guilty to an actual crime and no legal means to resolve them.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123896 posts
Posted on 8/24/18 at 3:07 pm to
quote:

Not to mention that campaign finance violations aren’t even that big of a deal.
The threat is not the bullshite campaign finance accusation. The threat is using the bullshite plea to a bullshite nonexistent crime charge to expand the investigation toward its hyperpartisan goal of gaining access to Trump's Tax Records.

There is virtually no concern in direct claims of campaign finance violations here. The concern is those claims allow prosecutors to continue to expand the probe.
Posted by Revelator
Member since Nov 2008
57941 posts
Posted on 8/24/18 at 3:11 pm to
quote:

However, it’s easy to say this when you are not the one that is facing the consequences of being found guilty and the fincancial ruin in mounting a defense to what the professor considers a non chargeable crime.


And there is the problem.
The entire investigation started with no crime, and now, the power and resources of the U.S. goverment are being used to try and fabricate one, purely for political motives.
Posted by Revelator
Member since Nov 2008
57941 posts
Posted on 8/24/18 at 3:12 pm to
quote:

Those folks were quickly granted immunity in hopes either will open up other doors toward gaining access to Trump's Tax Records. [




Is there any doubt this is where Mueller is headed?
This post was edited on 8/24/18 at 3:14 pm
Posted by Blizzard of Chizz
Member since Apr 2012
19045 posts
Posted on 8/24/18 at 3:13 pm to
quote:

The threat is not the bullshite campaign finance accusation. The threat is using the bullshite plea to a bullshite nonexistent crime charge to expand the investigation toward its hyperpartisan goal of gaining access to Trump's Tax Records.


This is exactly it. If Cohen just pleads guilty to tax issues, the prosecution doesn't have an in to go after the Trump foundation. Cohen pleading guilty to a crime that's not a crime gave them the key to move closer to Trump. This is why I said in my previous post that I am highly uncomfortable prosecutors allowing defendants to plead guilty to non crimes. Forget Trump for a moment and imagine this tactic being used against everyday citizens. This is dangerous territory our justice dept. is moving into
Posted by thingshavechanged
Member since May 2017
413 posts
Posted on 8/24/18 at 3:18 pm to
Alan Dershowitz is either losing it or he really was in on those underage sex parties with Trump and Epstein.

Campaign violations charged against Cohen include: 52 U.S.C. 30116(a)(7); 30116(a)(1)(A); 30109(d)(1)(A); 30118(a); and 18 U.S.C.2(b).

Those are crimes that most definitely exist.
Posted by Revelator
Member since Nov 2008
57941 posts
Posted on 8/24/18 at 3:26 pm to
quote:

Campaign violations charged against Cohen include: 52 U.S.C. 30116(a)(7); 30116(a)(1)(A); 30109(d)(1)(A); 30118(a); and 18 U.S.C.2(b). Those are crimes that most definitely exist.


First off, Trump used plenty of his own money in his campaign. How could anyone know if the money used was Trump's own or campaign contributions?
Second, paying off women you had sex with because it's embarrassing probably doesn't fall under any of the laws you cited.
Lastly, many, many people have broken campaign finance laws and their only penalty was a fine. To pretend that Cohen would have faced any real jail time for illegal campaign contributions is ridiculous.
This post was edited on 8/24/18 at 3:28 pm
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