519

He broke that news on Lawrence O’Donnell Thursday night between Michael Cohen and Keith Davidson. He is essentially confirming through empirical evidence-that he himself likely has-what was logically apparent all along: that the payment to Stormy Daniels came 10 days before the election was no coincidence. Malcom Nance has spoken about what it means to ‘think like an intelligence agent’ and it seems to me that a major key to this is while you understand that coincidences happen, you have to be skeptical of coincidences that are too convenient.

In that vein, the claim that the payment had nothing to do with the election was never very plausible on its face. Now Avenatti confirms that he is aware of ‘extensive communications’ between Michael Cohen and Keith Davidson-who was Stormy Daniels’ previous lawyer. Presumably, Avenatti, as Daniel’s lawyer subsequent to Davidson would have access to all Davidson’s communications and that’s how he is aware of them.

In any case, Avenatti revealed the existence of these communications that confirm that payment was all about the election to Lawrence O’Donnell. 

Stormy Daniels’s lawyer said late Thursday that there were “extensive communications” between President Trump’s personal attorney Michael Cohen and Daniels’s then-lawyer about the need to finalize a payment to Daniels before the 2016 election.

“There were extensive communications between Michael Cohen and Keith Davidson in October 2016 relating to the timing of this payment and the need for this payment to be made prior to the election,” Daniels’s attorney Michael Avenatti told MSNBC’s Lawrence O’Donnell.

“Extensive communications relating to the need for the payment to be made, when it was made and as to — related to potential influence on the election,” he added.

Avenatti asserted that everyone involved in the agreement “knew the importance of the payment as it related to the election.”

“So any claim that the payment had nothing to do with the election is completely bogus,” he said. “There’s no question it had everything to do with the election.”

What’s interesting is why Avenatti didn’t reveal this sooner. Basically, he says, because no one asked-prior to Lawrence O’Donnell.

To be sure, Giuliani himself has basically confirmed it was about the election in his recent public statements. He claims it was about supposedly shielding Melania Trump from a-supposedly false story-but then as he said to Sean Hannity ‘can you imagine if this story came out during the last debate against Hillary?

“Giuliani begins by asserting that the Trump campaign didn’t violate campaign-finance laws in paying Clifford, but he doesn’t deny the details that led people to think otherwise. It’s certainly possible that Cohen would have made the payment on Trump’s behalf in any circumstance. But the judicial system would have to weigh that defense against Giuliani’s remarks Thursday on Fox and Friends, which clearly suggested that Clifford, who alleges she had sex with Trump in 2006, was paid a month before the election so as not to hurt Trump’s campaign. (“Imagine if that came out on Oct. 15, 2016, in the middle of the, you know, last debate with Hillary Clinton,” Giuliani said. “Cohen didn’t even ask. Cohen made it go away. He did his job.”)”

UPDATE:: Of course, now Rudy has his own campaign finance and possibly legal issues. 

Meanwhile according to ‘two people familiar with the arrangement’ Trump knew of the payment to Stormy Daniels months before denying any knowledge back in April. 

“President Trump knew about a six-figure payment that Michael D. Cohen, his personal lawyer, made to a pornographic film actress several months before he denied any knowledge of it to reporters aboard Air Force One in April, according to two people familiar with the arrangement.”

“How much Mr. Trump knew about the payment to Stephanie Clifford, the actress, and who else was aware of it have been at the center of a swirling controversy for the past 48 hours touched off by a television interview with Rudolph W. Giuliani, a new addition to the president’s legal team. The interview was the first time a lawyer for the president had acknowledged that Mr. Trump had reimbursed Mr. Cohen for the payments to Ms. Clifford, whose stage name is Stormy Daniels.”

“It was not immediately clear when Mr. Trump learned of the payment, which Mr. Cohen made in October 2016, at a time when news media outlets were poised to pay her for her story about an alleged affair with Mr. Trump in 2006. But three people close to the matter said that Mr. Trump knew that Mr. Cohen had succeeded in keeping the allegations from becoming public at the time the president denied it.”

“Ms. Clifford signed a nondisclosure agreement, and accepted the payment just days before Mr. Trump won the 2016 presidential election. Mr. Trump has denied he had an affair with Ms. Clifford and insisted that the nondisclosure agreement was created to prevent any embarrassment to his family.”

“Mr. Giuliani said this week that the reimbursement to Mr. Cohen totaled $460,000 or $470,000, leaving it unclear what else the payments were for beyond the $130,000 that went to Ms. Clifford. One of the people familiar with the arrangement said that it was a $420,000 total over 12 months.”

Well, for starters, we know of the $150,000 grand payment to Karen McDougal

Was that included in Giuliani’s sum?

Indeed, Giuliani himself basically admitted that if Trump didn’t know the exact details he knew the gist of what Cohen had done at the time.

Rudy is proving himself to be a gift that keeps on giving-to Mueller:

“Rudolph W. Giuliani’s media blitz to convince the public that neither Donald Trump nor his lawyer had violated the law by paying a porn star to keep quiet about an alleged affair might have backfired, giving investigators new leads to chase and new evidence of potential crimes, legal analysts said.”

Might of backfired? There’s no question, he is proving to be an MVP-for investigators.

“Giuliani made statements that speak to Trump and lawyer Michael Cohen’s intent — an important aspect of some crimes — and he made assertions that investigators can now check against what they have already learned from documents and witnesses, legal analysts said. His comments to media outlets underscore a growing tension for the White House: The FBI investigation of Cohen presents a legal problem for the president that his own lawyer might have exacerbated.”

“I’m sure his strategy was damage control,” said Barbara McQuade, a former federal prosecutor who now teaches at the University of Michigan, “but I’m not sure he controlled much.”

Quite the contrary.

“Allen Weisselberg, the chief financial officer of the Trump Organization, has known since last year the details of how Mr. Cohen was being reimbursed, which was mainly through payments of $35,000 per month from the trust that contains the president’s personal fortune, according to two people with knowledge of the arrangement.”

“Speaking of which, as part of the Southern District of NY investigation, Cohen is being investigated for a stipend of $774,000 thousand dollars during the campaign. “

“Those transactions could factor into a broad investigation of Mr. Cohen’s business affairs being conducted by Manhattan federal prosecutors and the Federal Bureau of Investigation, who are examining whether Mr. Cohen violated any laws in his efforts to raise cash and conceal negative information about Mr. Trump, according to people familiar with the matter. Those include transactions tied to his credit line and his ownership of real estate and taxi medallions, the people said.”

“In February 2016, as Mr. Trump’s fortunes as a presidential candidate rose, Mr. Cohen nearly doubled the amount he could use on a bank credit line tied to his Manhattan apartment, increasing his ability to borrow by $245,000, according to real-estate records.”

“Three months earlier, he gained potential access to another $529,000, through a new mortgage that he and his wife cosigned on a condominium owned by her parents at Trump World Tower, a Trump building in New York, separate real-estate records show.”

“Mr. Cohen and his lead attorney didn’t respond to a request for comment.”

UPDATE: In retrospect Avenatti himself has had something of a fall from grace-first he asserted that the Democrats need to nominate a white male to win in 2020 which was confusing-doesn’t he realize this is the Democratic party? As much acrimony as there may be between he and the GOP, the fact is if he wants to hold that view they’re the party for him.

That basically finished him-if you want to win the Democratic nomination it goes through South Carolina, but how do you convince its large African American population-and the large AA electorate across the country-to vote for you after you say that? I mean did Avenatti not vote for Obama twice? For that matter he supported Hillary in 2016-did he not notice she’s not a he? So major unforced error.

Then there was the rather tacky story that on his link to raise money for Beato, he was taking almost 50% of the haul himself-to quote Chris Cillizza that just looks bad. 

Seriously, a terrible look-though it is a fact that Trump has done far worse and does so everyday-he routinely took in money from foreign donors, for starters.

If he wasn’t already on thin ice, the accusation that he beat up his girlfriend finished him. It’s true we don’t know that the allegations are true-or that they’re false. In any case that was the ballgame as he took himself out of the running after that.

Having said all of that, Avenatti did serve a very important function in what he did for Stormy Daniels-remember a big part of the SDNY case against Michael Cohen and the felonies he eventually pled for where based on his payment to her. Still, there is some ambiguity about how much he actually helped her-at one point she was saying he has taken more credit than he deserves-though she later seemed to walk that back.

But while Avenatti and Daniels were successful in getting Trump to drop his attempt to enforce the NDA, Avenatti’s advising Daniels to put forward the defamation lawsuit against Herr Trump seems to have been a mistake.

How ever that may be, Avenatti’s claim on Lawrence O’Donnell’s show that there were extensive communications between Cohen and Davidson have proven correct; indeed as we later saw in Chapter B there were communications between Cohen, Davidson, and Trump about the payments as early as August, 2015

Let’s be clear-if Avenatti on his own terms may not have aged so well, as I argued in Chapter C the MSM who dismissed the Stormy Daniels story the first day it broke as a nothingburger couldn’t have been more wrong and have total eggs on their Hillary Clinton hating faces. Not to toot my own horn-but someone’s got to do it!-I wrote Chapter C back  on April 7, 2018 two daybefore the news came that federal investigators also believed the Stormy Daniels story matters-as FBI agents raided Cohen’s offices for among other things-like information the Hollywood Access video and a host of other things-information on the Stormy Daniels payments-and hush payments to other women-as we covered in Chapter E. 

And spare me that this was something in retrospect everyone already knew-to the contrary, the media always thought it was a nothinburger-and indeed, even subsequent to the raid, indeed, even subsequent to Cohen’s pleading guilty to the payments to both Daniels and Karen McDougal in August, 2018, you’ve had MSM pundits acting-per usual-as Trump’s defense attorneys speaking about the Stormy Daniels story as ‘no big deal.’

Indeed as noted in chapter A. not only did the Stormy Daniels story turn out to matter, it achieved true convergence with Russiagate.

Those who argue on the other hand that the Stormy Daniels story is more important than the Russia investigationI-ie, that Russia collusion is a canard but that Trump may go down for a small bore, conventional sex scandal-also miss the point-this is all part of the big picture-Watergate 2.0, Trump and his GOP co-conspirators criminal conspiracy to improperly influence, not to say rig, an election.

Indeed, as we saw in Chapter D Comeygate too converges with Russiagate. Again, Watergate 2.0 is about a large scale conspiracy to illegitimately influence an election-wether you’re talking about coordinating on hacked documents from the Russians-alongside a large social media campaign run by both the Russians-as well as other co-conspirators: the Saudis, the UAE, Israel-or paying hush money to kill unflattering stories, or putting huge pressure on the FBI top brass via multiple leaks to reopen the email investigation at the optimal moment-11 days before the election.

UPDATE: Or Trump’s recent attempt to extort Ukraine by withholding Congressional approved military aid unless it investigated Joe Biden is not a whole different scandal but the  logical sequel to Russia if you’re listening

Which is why to the extent Pelosi is trying to craft an impeachment strategy narrowly on Ukraine is a mistake. 

 

 

 

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