Michael Cohen’s plea could breathe new life into adult star Stormy Daniels’ legal battle with President Trump, as well as open American Media Inc. to potential legal exposure for a $150,000 payment it made to former Playboy model Karen McDougal, experts say.
On Wednesday, Cohen admitted in court that Trump had directed him to make payments to Daniels and McDougal in order to stop them from speaking out publicly about their affair with the president.
“It strengthens our case,” Daniels’ lawyer Michael Avenatti told TheWrap. “This was an admission under oath of Michael Cohen and ultimately the president.”
Daniels, whose legal name is Stephanie Clifford, sued the president in March, saying that a hush agreement she signed in October 2016 to prevent her speaking about her affair with Trump was void because, among other things, it violated campaign finance laws.
“Michael Cohen’s guilty plea yesterday and his statements in court prove Stormy Daniels’ allegations that the hush money agreement is invalid, unenforceable and void because it was at its essence an illegal contract,” Genie Harrison, a Los Angeles civil trial attorney, told TheWrap.
“It’s a big deal because Stormy Daniels was right to file that case. It shows she was pressured into signing the hush-money agreement, which was not in any way fair to her,” Harrison added.
According to Avenatti, Cohen’s admission will allow him to proceed with a deposition of Trump in that lawsuit, which could force the president to testify. The lawsuit was stayed by a judge pending the resolution of Cohen’s criminal case.
“On September 10 there will be a hearing before judge [James] Otero, who is the presiding judge over our case, and that judge will make a determination as to whether the stay gets lifted and we expect that he’s going to do so,” Avenatti said.
But not everyone is convinced that Cohen’s admission is a coup for Daniels.
“I don’t know how that would implicate any of the claims that Avenatti has against Cohen or Trump,” Jens David Ohlin, law professor at Cornell University, told TheWrap. “Whether Daniels should be allowed to speak or not and whether or not the agreement is enforceable, I’m not sure if that turns on whether or not that they violated federal elections laws when they spent money on the agreement.”
Cohen’s admission could have an affect on another case as well. In March, Daniels amended her defamation case against Trump to add Cohen. Daniels said that Cohen had defamed her by insinuating she had lied about her affair with the president.
“It was reasonably understood Mr. Cohen meant to convey that Ms. Clifford is a liar,” the complaint, obtained by TheWrap, read.
Now that Cohen has admitted to lying about the hush-money agreement, that could be used against him in other cases, according to experts.
“It certainly is going to have an effect in defamation case,” Harrison said. “His admission of lies as a result of his guilt plea will certainly be included in this case and the jury will be instructed that if he’s not believable about one thing he says, then they can choose not to believe him in another instance.”
Cohen’s admission to “causing” an illegal donation to Trump’s campaign through his involvement in the $150,000 hush payment American Media Inc. made to McDougal in 2016 could also expose the publisher to criminal liability too, according to Avenatti.
“I think that AMI may have been open to legal exposure well before this but this certainly enhances the likelihood that there’s going to be fallout that’s going to reach AMI,” he said.
But Lou Shapiro, a Los Angeles criminal defense attorney, said it’s unlikely the government will pursue the case.
“It exposes AMI as a co-conspirator in the campaign finance charge for participating with Cohen in his admitted unlawful conduct,” Shapiro told TheWrap. “But if they were going to go after AMI, they probably would have done it by now. They got what they wanted out of this, which is Cohen.”
Trump White House Revolving Door: 22 Top Staffers Who've Exited, From Omarosa to Scott Pruitt (Photos)
The turnover in the Trump administration continues.
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Michael Flynn
Michael Flynn resigned in February 2017 as President Trump’s national security adviser after less than a month in the position.
The move came after Flynn admitted he gave “incomplete information” about a call he had with the Russian ambassador to the U.S. last December regarding sanctions against Russia, The New York Times reported, and that he misled Vice President Mike Pence and other top White House officials about the conversation.
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Preet Bharara
Months after getting personal assurance from the president that he would remain in his job as a top federal prosecutor, Bharara was asked to submit his resignation in March 2017.
“Had I not been fired, and had Donald Trump continued to cultivate a direct personal relationship with me, it’s my strong belief at some point, given the history, the president of the United States would’ve asked me to do something inappropriate,” Bharara said on his podcast.
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James Comey
President Donald Trump fired FBI Director James Comey in May 2017 over his handling of the investigation into Hillary Clinton’s emails.
Trump’s decision was based on the recommendation of both Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein, according to Spicer.
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Michael Dubke
Michael Dubke, the first communications director in the Trump White House, resigned in May 2017 in the midst of ongoing blowback for the president's handling of the firing of James Comey.
Sean Spicer
White House Press Secretary Sean Spicer resigned in late July 2017 when Trump hired Anthony Scaramucci as communications director.
According to the New York Times, which first broke the news, Spicer told President Trump he vehemently disagreed with the appointment of New York financier and former Fox Business host Anthony Scaramucci as communications director.
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Reince Priebus
Priebus was ousted from his position as White House Chief of Staff in July 2017, when Donald Trump hired General John Kelly to take his place.
"I am pleased to inform you that I have just named General/Secretary John F Kelly as White House Chief of Staff. He is a Great American,” Trump said in a tweet.
“I would like to thank Reince Priebus for his service and dedication to his country,” Trump went on to say in a separate tweet. “We accomplished a lot together and I am proud of him!”
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Anthony Scaramucci
Scaramucci was the White House Communications Director for 10 days last summer and is now infamous for a wild, expletive-filled interview with The New Yorker's Ryan Lizza. He announced in late September week that he will launch his own media website, called The Scaramucci Post.
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Sebastian Gorka
Sebastian Gorka announced his decision to exit his role as deputy assistant to the POTUS in a letter to the president in late August 2017.
“[G]iven recent events, it is clear to me that forces that do not support the MAGA promise are – for now – ascendant within the White House,” Gorka wrote in the letter, obtained by the Federalist. “As a result, the best and most effective way I can support you, Mr. President, is from outside the People’s House.”
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Steve Bannon
White House Chief Strategist Steve Bannon was reportedly fired in August 2017, though he insists he resigned July 27 -- giving two weeks’ notice -- but his leaving was put off because of the events in Charlottesville, Virginia. He returned to Breitbart News, where he vows to go to “war” for Trump.
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Tom Price
Following a week-long scandal over his lavish use of private jets while traveling on government business, Health and Human Services secretary Tom Price resigned on September 29.
“Secretary of Health and Human Services Thomas Price offered his resignation earlier today and the President accepted,” the White House said in a statement. “The President intends to designate Don J. Wright of Virginia to serve as Acting Secretary, effective at 11:59 p.m. on September 29, 2017.”
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Omarosa Manginault
Former "Apprentice" contestant Omarosa Manigault Newman resigned in December "to pursue other opportunities," according to a White House press release. Trump thanked her for In February 2018, she became a contestant on "Celebrity Big Brother," and bashed Trump in the first episode.
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Brenda Fitzgerald
Centers for Disease Control director Brenda Fitzgerald resigned in January 2018 after a Politico report that she bought shares in a tobacco company one month into her role.
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Rob Porter
Staff secretary Rob Porter left the White House in February 2018 after his two ex-wives both detailed accusations of domestic abuse. Reports emerged that senior aides knew about the allegations for months but did nothing until more details came out to the public, sparking backlash. Trump praised Porter's character and reiterated that he had proclaimed his innocence.
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Hope Hicks
Just one day after testifying before the House intelligence committee in February 2018, the White House Communications Director and longtime Trump loyalist announced plans to resign.
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Josh Raffel
The former head of PR for Hollywood producer Jason Blum's Blumhouse announced in February 2018 that he was leaving his job as a senior communications aide at the White House after less than a year on the job.
Gary Cohn
Cohn, considered one of the most liberal members of Team Trump as director of the National Economic Council, announced in March 2018 he was leaving after a disagreement with Trump over tariffs on steel and aluminum imports. He had previously been mentioned as a possible chief of staff.
John McEntee
McEntee was abruptly fired after serving a year as the president's personal assistant, the Wall Street Journal reported on March 13, 2018. The paper cited an unspecified security issue as the reason for the dismissal.
Rex Tillerson
The secretary of state was abruptly asked to resign in March 2018 after just over a year in the job. The former CEO of Exxon Mobil arrived at the State Department with no experience in government or diplomacy and soon ran afoul of both his agency and Trump, particularly after reports emerged that Tillerson had called the president a "moron" following a cabinet meeting.
H. R. McMaster
The lieutenant general, picked by Trump to be his second national security adviser, resigned March 22, 2017, and replaced by former United States ambassador to the United Nations, John Bolton.
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David Shulkin
The U.S. Secretary of Veterans Affairs was removed from his post in March 2018 following a scandal over travel expenses involving his wife.
Ty Cobb
The White House lawyer who had overseen legal issues related to the investigation into Russian interference in 2016's presidential election announced on May 2, 2018, that he was leaving his position.
Scott Pruitt
The administrator of the Environmental Protection Agency resigned on July 5, 2018 after months of reports about his spending practices and ethics.
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EPA head is the latest to leave the Trump administration
The turnover in the Trump administration continues.