Cohen asks for Trump lawsuit against him to be thrown out of court.
Cohen pointed out that Trump only sued him after it was public he was a witness in Bragg's criminal investigation. The term for this is "threatening a witness".
I'm still the most interested in how Trump's lawsuit alleges that
a) Cohen is lying, and
b) Cohen broke confidentiality
Um...aren't those contradictory? I guess some could be a) and some could be b) but the optics are horrible.
Trump's claim that Cohen broke confidentiality latches on hard to Trump's claim that no crime was committed. If Cohen and Trump conspired to commit a crime, the fraud/crime exception kicks in. Old news around here. So Trump is claiming there was no crime...while under criminal indictment.
Also, Cohen plead guilty. Pretty sure you don't plead guilty in court when there's no crime.
However, I need to quote this next part because of the punch line.
Called it!Separate from the witness tampering claim, Cohen’s lawyers – Benjamin Brodsky and Danya Perry, the former deputy chief of the criminal division at the US attorney’s office for the southern district of New York – argued in the filing that Trump generally lacked standing.
The complaint about breach of fiduciary duty should be dismissed, the response said, because most of the allegations were time-barred by a statute of limitations of two years starting in 2018, when Cohen published his tell-all memoir about the hush money scheme titled Disloyal.
The claims that Cohen breached other contractual obligations should similarly fail because they did not lay out express violations of the confidentiality agreement that was itself unenforceable due to its vagueness, the response said.
And as for Trump’s claims that Cohen engaged in unjust enrichment by revealing Trump’s confidential information – which itself is unclear because Trump simultaneously says those revelations are false
Ah, we've heard that before, haven't we? In fact, recently. Besides what I posted yesterday, Trump is claiming there is no crime (contextually false), then suing on the grounds of nothing.Cohen’s lawyers argued they should be dismissed because Trump failed to state an actual claim.
"Why hasn't Cohen alleged criminal witness tampering?"
He might be waiting for this court's ruling first. It would be pretty solid evidence if his motion to dismiss, on the grounds of witness tampering, is granted, and the judge says so in the ruling.
Naturally, Trump's lawyer had something stupid to say.
Yeah, I'll keep bringing this up while Team Trump keeps saying it, because saying this is fucking stupid.Michael Cohen is an admitted liar, thief, perjurer and convicted felon. Michael Cohen has zero credibility, and any and all statements made by him about President Trump should be disregarded.
*ahem*
Why is Cohen convicted? Liar, perjurer about what, exactly? Because I'm pretty sure he said "I didn't do crimes for Trump" then later admitted he did.
Also, things a Trump spokesperson says in public mean nothing. Let Trump say this on the stand. Let him take the stand and say "I committed no crime." Let him take the stand and say "Cohen lied about me."
Until that happens, his outrage will be handwaved.