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Cohen lays down anti-SLAPP card

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Posted on April 09 2018

 

Michael D Cohen...

    In my twisted head, this is the narrative that plays on loop:

    Cohen: knock...knock...who’s there???

    FBI: the FBI...

    Cohen: the FBI who???

    FBI: Mr. Cohen, we have a search warrant for

    • your home
    • your office
    • your hotel...open the gd door...

    Cohen: -softly sobbing...okay but how many warrants do you have?

    FBI: OPEN the DOOR Michael...

    Cohen: -softer and longer sobbing...I can’t right now, Squire Patton Boggs won’t pick up their phone.

    FBI: Mr. Cohen, we are aware, we raided their offices shortly after 8AM today, now open the door.

    Cohen: full on fugly crying...okay but I’ll need a minute to clean myself up...

    /end scene Episode 13, Season 1 American Horror Story Trump/Putin presidency 

    

    The FBI raided Michael D Cohen’s;

    home, lawyers office and Loew's Regency hotel

     

    By 5:30PM Squire Patton Boggs had erased their April 2017 Press Release announcement of their

    “Strategic Alliance with Michael D. Cohen” 

    Luckily one of my followers sent me the archive link. The internet saves EVERYTHING. 

    CNN posted a series of updates surrounding the FBI raid on Cohen;

    • Multiple Search Warrants
    • at least a dozen FBI agents
    • SCO Mueller sent a referral to the SDNY
    • as sure as the sun will rise tomorrow morning you betcha AUSA Bergman signed off on the warrant application 
    • Trump personally interviewed Bergman

    Squire Patton Boggs in New York. Angelo Kakolyris (incidentally the same spokesman who pushed the April 2017 press release), a spokesman for Squire Patton Boggs, said:

    • ’‘ The firm's arrangement with Mr. Cohen reached its conclusion, mutually and in accordance with the terms of the agreement."
    • We have been in contact with federal authorities regarding their execution of a warrant relating to Mr. Cohen," he continued.
    • "These activities do not relate to the firm and we are in full cooperation."

    At 6:19PM and 6:30PM, respectively, Trump went full on TRUMP. Utterly unhinged and his full on detachment from actual reality.

    Like supah dupah T R I G G E R E D, possibly DEFCON 9ish Threat level. I mean even for Trump. These two press pool reports are insane.

    Also worth noting: No Donald NO ONE BROKE IN, the agents obtained multiple search warrants. Which means an FBI Agent likely submitter an affidavit(s) presenting a Federal Judge, who’s also an Article III Judge enough probable cause to constitute an actual search warrant. Again total lie to say the FBI “broke in” not everyone in power is a morally bankrupt mobbed up POS Donald.

     

    By 7:18PM, the GOP had fully scrubbed Cohen from their website, literally ZERO returns when you search for Michael Cohen...

     

    And then Cohen’s California Based Attorney Filed this Motion regarding the Stormy Daniels Lawsuit:

    DEFENDANT MICHAEL COHEN’S

    NOTICE OF MOTION AND SPECIAL MOTION TO STRIKE

    (CAL. CODE CIV. PROC. § 425.16) OR,

    ALTERNATIVELY, TO DISMISS (FRCP 12(b)(6)) PLAINTIFF’S FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES...

    In which Cohen moves to:

    • Defendant Michael Cohen will and hereby does move pursuant to California Code of Civil Procedure § 425.16 for an order striking the Second Claim for Defamation in the First Amended Complaint of Plaintiff Stephanie Clifford (“Clifford” or “Plaintiff”) filed on or about March 26, 2018.
    • Mr. Cohen brings this Motion on the grounds that Plaintiff’s claim arises out of actions that
      • (1) were taken in furtherance of Mr. Cohen’s First Amendment rights,
      • (2) relate to matters of public interest. Thus, the anti-SLAPP statute applies, and Plaintiff must prove by admissible evidence that she will probably prevail on her claim.

    What I found curious was the timing, based on PACER records this Motion was filed in California at 4:14PM PST. I’m on the East Coast which leads me to believe that Cohen is freaking out and what ever evidence, the FBI lawfully obtains during today’s raids...it has to be damning. Stay tuned because now we are in for a full contact legal brawl...things are about to get supah dupah interesting...-Spicy Out

     

    WAIT...WHAT...

    PLEASE TELL ME, THAT COHEN DID NOT SUBMIT THIS???

    •  ...“lied about whether or not she had an intimate relationship with Mr. Trump, she cannot possibly complain that others, whether Mr. Cohen, or news reporters, or others, call into question Plaintiff’s credibility, including any truthful statements that she has made untruthful statements to the American people. “
    • Second, Mr. Cohen’s statement that untrue things can hurt a person is opinion, not a verifiable statement of fact.”
    • ‘Third, Mr. Cohen’s statement is hyperbole.”
    • “Fourth, Mr. Cohen’s statement is privileged under the common law right of fair comment and statutory fair reporting privilege.”
    • Fifth, Mr. Cohen’s statement on its face is not of and concerning Plaintiff...she is not identified in the statement, either expressly or impliedly.”
    • “Sixth, Plaintiff suffered no special damages. The opposite is true: Plaintiff herself has boasted that her pay has quadrupled because of the publicity of the instant lawsuit and her allegations about Mr. Trump in February 2018...”
    • Seventh, Mr. Cohen did not act with malice – a necessary element. Plaintiff

    Listen, I do NOT think attempting to “slut shame” Ms Daniels/Clifford’s is an acceptable legal strategy. In fact it’s pretty repugnant and beyond the pale. For Cohen’s attorneys to now argue his remarks were “hyperpole”...no not acceptable.

    My guy tells me the person with the “corrupt intent” may in fact be Cohen and Trump. Last I checked Ms Daniels/Clifford’s offices or home or hotels have not been subject to an FBI raid with lawful search warrants.

     

    But then why lay down an AntiSLAPP card when you damn well know it’s not applicable, just shameful.

    • “Alternatively, if the Court finds that California’s anti-SLAPP statute does not apply, it should dismiss Plaintiff’s defamation claim because Plaintiff has not pled, and will never be able to plead, a valid claim.“

     

    • “On January 10, 2018, Plaintiff issued a signed statement denying that she had asexual and/or romantic affair with Mr. Trump (the “January 10, 2018 Written)”

    I can’t help but wonder was Ms Daniels/Clifford’s intimidated or coercised to sign the Jan 2018 Statement? Also keep this in mind, Cohen purportedly created that statement yet no where in this filing does he admit responsibility. On its face that’s pretty sleazy.

    And the more I read Cohen’s brief, it’s a circular argument, Cohen says CA AntiSlapp is applicable but next sentences states if it’s not then he will seek other remedies. That said I get the sense that Cohen should probably get his affairs in order. Why?

    • Cohen admitted he took out a home equity loan
    • the emails, the emails using trump.org prove the loan & wire transfer
    • Cohen lied and deceived the bank and/or Mortgage Fraud
    • FinCen, BSA, FEC, AML..IRS...
    • conspiracy to defraud US Election 18§372 conspiracy 
    • unless Cohen built a suite for Ms Daniels/Clifford’s in Cohen’s home that he obtained a home equity loan.

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