Trump's Charges Were 'Hiding in Plain Sight': Michael Cohen Attorney

Lanny Davis, the attorney for Michael Cohen, believes the questions surrounding Donald Trump's alleged hush money payments prior to the 2016 election have been "hiding in plain sight" ever since his own client pleaded guilty to similar crimes in 2018.

Trump, the first former or current president to be charged criminally, has been arrested on 34 counts of falsifying business records that included invoices by Cohen and various checks dating to 2017. They are in relation to alleged payments made to silence former adult film star Stormy Daniels and former Playboy model Karen McDougal. Trump has denied any illegal wrongdoing or any affair with either Daniels or McDougal.

Davis said the charges against Trump have been "hiding in plain sight" since Cohen was indicted by prosecutors working under the Trump administration. He pointed to a sentencing memo from December 2018 issued after an "extensive investigation."

Trump 'Directed' Cohen to Pay Hush Money

"What did they conclude from all those facts? That Donald Trump directed—that's their word—Michael Cohen to pay the hush money, for which he pled guilty and did the time...There can be no dispute that the federal prosecutors found Mr. Trump to be guilty of the same crime that he directed Michael Cohen to do. That's just simple law," Davis told Newsweek.

The 40-page sentencing memo, issued by the Southern District of New York on December 7, 2018, recommended that Cohen serve "substantial" jail time for a plethora of crimes, including lying to Congress about a Trump Tower project in Moscow as part of a separate investigation. The memo acknowledged that Cohen admitted that he acted "in coordination and at the direction of [Trump]," when making the payments to the two women.

Trump has referred to his indictment as "pathetic" and has verbally attacked Manhattan District Attorney Alvin Bragg on multiple occasions.

"This is a political Witch-Hunt, trying to take down the leading candidate, by far, in the Republican Party while at the same time also leading all Democrats in the polls, including Joe Biden and Kamala Harris," Trump said in the weeks leading to his indictment.

Ohio Republican Jim Jordan, also chair of the House Judiciary Committee, has been a strong Trump ally and has used his committee position to attempt to investigate Bragg. On Monday, Jordan and the GOP committee members announced an April 17 "field hearing" in Manhattan to hear testimony "from victims of Manhattan DA Alvin Bragg's radical policies."

Georgia Representative Marjorie Taylor Greene, also a strong Trump supporter, was present in Manhattan on the day of Trump's indictment. She held her own rally to combat anti-Trump protesters outside the courthouse.

Davis pushed back on Trump's "political witch hunt defense," since he wasn't concerned about it being politically charged when Cohen was being indicted.

"OK, if that's your opinion, at least be honest, accuse the Southern District of New York of that. But nobody is mentioning the Southern District of New York prosecutors," Davis said. "You'd think someone would say, wait a minute, what political persecution is involved when the Southern District of New York weren't exactly friendly to Michael Cohen, forced him to plead guilty to tax charges that in my opinion were baseless, but he pled guilty? I don't get."

Cohen was arguably the Manhattan district attorney's office star witness, testifying upwards of 20 times and even prior to Bragg taking over for Cyrus Vance Jr.

Last month, Cohen said that indicting Trump was necessary because he "needs to be held accountable for his dirty deeds if in fact that's the way that the facts play out.

"Plain and simple, this is not about him, this is about holding accountability, truth to power and everything else in between," he said.

Post-indictment Cohen had a more solemn perspective, calling it "justice and accountability" while adding it is "terrible" for America.

Longtime attorney Alan Dershowitz opined to Newsweek that the charges against Trump are "ridiculous."

"If this indictment is based on the hush money paid to a former porn star and the manner by which it was recorded in corporate records, this may be one of the weakest cases in my experience," he wrote. "It is a stale case that appears to be beyond the statute of limitations."

Questions about the "second crime," as asked by the Wall Street Journal editorial board, have also stoked a lack of confidence among some of the case's strengths.

"The question here is not if [Trump] committed the misdemeanor of falsifying records," Karen Friedman Agnifilo, a former Manhattan chief assistant district attorney under Cyrus Vance Jr., previously told Newsweek. "The question is whether he concealed a crime or intended to commit another crime."

When asked about the last time Cohen has communicated with Trump or anyone in the Trump orbit, Davis replied that he is "not aware of any contacts with Trump or anybody in his circle" since Cohen testified in front of the House Oversight and Reform Committee on February 27, 2019. The testimony was viewed by nearly 16 million people.

Cohen ultimately served about 13-and-a-half months in prison and about a year-and-a-half in home confinement, receiving a shortened sentence as well for good behavior. His time was further reduced through good behavior.