Is Michael Cohen really flipping on Donald Trump?
Overnight, Michael Cohen, whose office and residences were raided pursuant to a search warrant last week, dropped his libel suits against BuzzFeed and Fusion GPS. For Donald Trump, this latest development cannot make him comfortable- waking up with potentially more folders in your camp.
In related news, Trump’s former lawyer, Jay Goldberg, who represented Trump in his two divorces, stated, “Anybody who is facing 30 years never stands up” and warned Trump that Cohen would cooperate. Goldberg warned Trump that Cohen might be wearing a wire, which should not surprise anyone- news is that Cohen taped all phone conversations and discussions.
Cohen had sued BuzzFeed and Fusion GPS for disclosures and allegations in the Steele Dossier that Cohen had met with Russian operatives in Prague in Summer 2016. The basis given by Cohen’s lawyer, David Schwartz, for dismissing the cases was the recent developments and “the time, attention, and resources needed to prosecute these matters.” No doubt that Cohen is occupied with much more pressing matters at the moment, including the search warrants executed on him and the potential indictments that may result from that investigation.
But one also must consider a few other reasons that Cohen may have dropped such suits now. One potential reason is that reports in various newspapers and in media late last week that Special Counsel Robert Mueller now has evidence that Cohen did in fact visit Prague at some point during the 2016 presidential campaign. If true, that would come out and would be a defense to the lawsuits filed as truth is a defense.
Another potential reason for the sudden dropping of the cases is that Goldberg and others are right, and that Michael Cohen is considering cooperating with authorities because of the potential legal exposure that he faces, including potential forfeiture of assets. What has not happened to date is any statement by Trump that his loyal attorney and friend, Cohen, is innocent. The focus has been on whether Cohen will remain “loyal” (Scaramucci) or will flip (Goldberg, referring to John Gotti and Sammy “The Bull” Gravano), which is indeed an odd way to approach the subject. We will learn more in the coming days about what Cohen’s plans are.
Daniel is a lawyer writing and teaching about SCOTUS, and is the author of the book “The Chief Justices” about the SCOTUS as seen through the center seat.