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Oversight +Trump + Cohen + Giuliani

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Posted on February 25 2019



I don’t know, you’ll have to ask Michael

The one under appreciated advantage of looking at Trump-Russia related issues,  retrospectively’ 1) you can appreciate the implosion of Trump v Cohen’s back biting. More importantly we have the added benefit of actual facts. These incontrovertible facts can be found in the copious court filings. See Michael Cohen’s Criminal Information, which you can find on the Justice Department’s Sepcial Counsel’e website, found here. See Cohen’s SCO Plea Deal, found here.

Not to belabor the point, the SCO Charged Cohen with “lying to Congress”. In the SCO’s Criminal Information they coined the moniker:

 to the owner of the Company (" Individual 1" ) 

 

And then a guy named Pecker thread, (also archived) link found here.

Maybe you have forgotten about the April 8, 2018 on camera comments  Donald Trump made aboard Airforce One...Where once again Trump stood there and boldfaced lied about the TWO Hush Money payments. One thing to keep in mind this impromptu interview occurred less than 24 hours before the FBI raided Cohen’s Upper EastSide Apartment, his Hotelroom, his sublet office space at Squire Boggs and I believe a NYC Storage Unit. What was actually lost in the Media newscycle is the FBI simultaneously raided Keith Davidson’s home and office. Below is a transcription of the <33 second portion of the April 8, 2018 AirforceOne interview.  

 

Female Reporter #1 : did you know about the $130,000 payment made to Stormy Daniels?

Trump:  {uncomfortable pause} “NO...{uncomfortable pause}...”what else...

Crosstalk

Female Reporter # 1: “then why did he make the payment ...why did Michael Cohen make the payments...”

Trump: you’ll have to ask Michael...he’s my...attorney...you’ll have to ask Michael 

Female Reporter # 2: then why did he make the payment...do you know where he got the money to make...

Trump: no I do not know, no...

 

It may not occur to you but I would recommend you watch this short interview, once with the sound off as to focus on Trump’s body language and once with the sound on to hear his tonation, specifically his inflection. While I am not a body language expert I find that Trump has a few verbal and nonverbal tells . Consistently when Trump proceeds to tell one whopper of a lie, he immediately looks down or his eyes turn to the left. His voice, while difficult to pick up his tone based on the atmospheric airplane cabin noise, there’s a discernible hesitation in his time. I would argue that Trump has the worst poker face, ever. That he lacks impulse control and discipline. My observation is largely based on watching the various video depositions and his prolific TV appearances.

 

🌶SpicyFiles’s Sidebar🌶

 

You know the one under appreciated aspect of having Twitter Stalkers?  They archived ALOT of my tweets and threads. Hell YES there’s a silver lining to their bullshit, ergo not ALL of my research is gone. So while they were successful in fraudulently mass reporting my twitter account their super weird affliction which I’ve taken the liberty of coining it as:

 

SPICYFILES DERANGEMENT SYNDROME”

 

Meaning thus far I have, at least in some cases/twitter threads I’ve found then archived on the inter tubes. Thusly  I don’t have to recreate my previous work Praise Sweet Baby Jesus.. Waves & Winks to my bitter stalkers. You guys were super thoughtful and I totally appreciate you archiving some of my research for me. Gosh if I didn’t know any better I’d say deep down inside you might actually like me. NYET

 

April 2, 2018 NDA Thread

April 2018 Cohen Raid and privileged material thread

Cohen’s SDNY Plea Deal, found here. A plain reading of Cohen’s SDNY Plea Deal:

 

“... the maximum term of imprisonment for all eight counts is 65 years. However, the stipulated sentencing range is between 46 to 63 months. In addition, Cohen may be ordered to pay a fine of between $20,000 and $1,000,000.”

 

I also recommend you read the June 2018 Senate Finance Report as it aggregates Cohen’s “pay to play scheme” but I like to refer to it as White House for Sale. This by far is the most exhaustive report of all of the payments Cohen received (eventually I’ll get back to last weeks IRS employee and improper leaks made to Avenatti, for now, let’s set that hot potato aside). Should you be inclined you can read my archive twitter thread here.

 

Among them were payments from private equity firm Columbus Nova, an investment company with ties to sanctioned Russian oligarch Viktor Vekselberg; telecommunications company AT&T; Korea Aerospace Industries; and the Swiss pharmaceutical company Novartis.

 THE DOSSIER, VTB, Cohen & Sater & Trump Moscow:

 

You should also read the multi page letter that Cohen’s attorneys sent to Congress, specifically to the HPSCI, it is interesting to reread this letter because the intent was to discredit the Dossier. As in “the lady doth protest too much...” it is almost as if the more time that passes the more credible the Dossier becomes. The VTB Bank and Trump Moscow Tower, as we now know, Cohen lied to Congressional Investigators:

November 2015 emails between Cohen and Trump Organization business associate Felix Sater discussing an ultimately scotched real-estate deal in Moscow that Sater mysteriously believed could “get Donald elected,” with Sater pledging to “get all of Putin[’]s team to buy in on this.”

 

 

We then later find out in Cohen’s various DOJ Plea Deals that he lied to Congress and to investigators as it relates to the Trump Tower Moscow Project. And a few weeks ago Trump decided to move the goal post, by brazenly lying to the American people saying:

 

‘“Everyone knew about the Moscow Project, it was widely known...as a private citizen  I can do business where I want...because I’m president (Orange Shit Gibbon) and you’re not”..

 

This NBC Then and Now mashup video really punctuates the vulgarity of Trump’s many many lies. It is gas lighting and an attempt to “clean up” his prior statements. The problem with this is he actually makes it worse. There’s literally only TWO consistencies as it relates to Donald Trump et al; they 1) lie about Russia, and 2) they lie about Russian Sanctions...when you tune out all the white noise this is the constant. Now ask yourself is this really how an innocent person acts? I would submit to you, absolutely NOT. 

 

 

  

Ask my attorney...or not...

 

If you spend enough time in and around the legal community you tend to benefit from lively and often times heated debates. Of course some might view that now is a decent time to crack a stereotypical joke about lawyers and law firms, but I digress. If you’re not in the legal community it is hard to articulate why there are peer to peer or even firm to firm discussions. The reason these discussions are important is, sometimes you may inadvertently approach a matter from a myopic point of view. That you’re so focused on that one tree that you can’t see the dense forrest of obsequious sycophants in front of you.

In my professional experience these discussions are equally instructive and informative but more importantly they allow for a more fulsome debate while offering a divergent “decision tree”. When it comes to a legal strategy, it is best to get multiple point of views. In fact it’s best to force yourself to think in the alternative. Part of formulating a viable legal strategy is out maneuvering your Opponent in concert with a solid argument. When you force yourself to spend a decent time researching and arguing in the alternative, there are no surprises, ever.

Basically you know what they are going to do but you have plan ready that gives a far more persuasive argument. Or you simply shut down your opponent’s argument. Personally I don’t like “winning” on the margins. A clean litigation win is your argument was the better than your opponent’s and you crushed their hopes and dreams.  Often times you’ve heard me refer to a “murder board”. This allows you to visualize the proverbial “if then this” theory. When confronted with a headache inducing complex litigation matter, you need a primary, secondary and tertiary remedial  plan. The reality is litigation is incredibly costly and time consuming. I often remind myself that losing means you just didn’t have a persuasive argument. Try harder the next time. When you’re on the losing end of a litigation, you need to figure out the why/what/when/how of your strategy and isolate the percise moment your strategy failed. This isn’t an exercise in futility, if you’re willing to look at your deficiencies then the next time around, you will pivot to a stronger argument and systematically slay your opponent. This is what I like to call “cry uncle” where you pin your opponent down so hard that the only way out is to retreat.

 

What can be difficult is separating what’s spin, strategic lawyering or factually based arguments. Now more than ever, incontrovertible facts matter. Opinions are fine but facts are golden. Here’s something you may not know, when a client is looking for representation, they tend to find an Attorney or firm that best emulates their character, etc. Meaning if you’re a ruthless conniving brute, then you want an Attorney that is reflexive of your “code of conduct”. On a rare occasion a client will hire an attorney who may outwardly be the exact opposite of them.  

An easier way to explain this concept is, lawyers can be analogous to doctors. Meaning each has a field of specialty. If you’re facing an arduous Securities Exchange Commission probe then common sense dictates you are not going to hire an attorney who specializes in family law. I suppose you could but I wouldn’t suggest you do.  Similarly if you have a compound fracture you go to an Orthopedic not an orthodontist. A perfect example of this is Trump hired Cohen who earned the title “Trump’s personal fixer”. For the record you do get that’s straight up mob talk, right? 

 

Hush payments. Catch & Kill. Zip it or else

Hush Money and hush agreement, found here, Davidson and McDougal entry found here. In the twitter thread below I linked to Ms McDougal’s “catch and kill” aka life rights story and then AMI’s subsequent termination of what most correctly refer to as Donald Trump’s Hush Agreement. See archived twitter thread here.

  

Granted some of you may not find the undisputed fact that Donald Trump has fathered five children from three separate woman isn’t really a big deal. While some of you may find Trump’s well documented serial philandering beyond objectionable or even just down right offensive. A solid argument can be formulated that It is intellectually dishonest for the Grand Ol’ Party as the party of “family values” the party of God,, Guns and unassailable Morality. The irony is these very same people act as if they are the morality police. Yet their entitlement and temerity to wag their self righteous finger at those who question their blatant hypocrisy, suffice to say the irony is not lost on most common sense Americans. You can read the follow up Cohen Hush Money November 29 discussion here

 

 May 2, 2018 Hannity Giuliani interview 

 

 

 

 

 If you are not inclined to watch that painful interview, below is the portion of the interview that I think is important. Occasionally you will see me tweet “prior statements yo” for the record it’s an inside joke. But the substance is no joking matter.

 

 

 

And yes while the TV interview is a lot to take in. Which is why sometimes it’s best to just read the transcript of the May 2018 Hannity Interview, which you can find here. Below are the relevant portions of that interview. 

 

HANNITY: Why isn't that -- where is Mueller on that, sir?

GIULIANI: Having something to do with paying some Stormy Daniels woman $130,000, I mean, which is going to turn out to be perfectly legal. That money was not campaign money, sorry, I'm giving you a fact now that you don't know. It's not campaign money. No campaign finance violation. So--

HANNITY: They funneled it through a law firm.

GIULIANI: Funneled it through a law firm and the president repaid it.

HANNITY: I didn't know he did?

GIULIANI: Yes.

GIULIANI: Zero.

HANNITY: So the president--

 

And yes while the Congressional Committees will undoubtedly spend a significant amount of time pressing Michael Cohen for more information. You better believe the Trump Administration has already positioned that Cohen is a convicted liar and felon. As I briefly discussed last night in this entry, Cohen has one main reason to be truthful: Rule 35 (b), late last week the House Oversight Chairman released a cache of documents in advance of this week aka Cohen-Week-of-Reckoning, below is a list of topics that will be discussed on Wednesday in an OPEN hearing:

 

  • the President’s debts and payments relating to efforts to influence the 2016 election;
  • the President’s compliance with financial disclosure requirements;
  • the President’s compliance with campaign finance laws;
  • the President’s compliance with tax laws;
  • the President’s potential and actual conflicts of interest;
  • the President’s business practices;
  • the Trump International Hotel in Washington, D.C.;
  • the accuracy of the President’s public statements;
  • potentially fraudulent or inappropriate practices by the Trump Foundation; and
  • public efforts by the President and his attorney to intimidate Mr. Cohen or others not to testify.

As I’ve previously discussed and enumerated Trump’s Foundation here here it still boggles my mind that no one picked up on the fact that Trump likely paid his youngest son’s prep school with funds donated to the Trump Foundation. The NYC based private school has a tuition that’s just a tiny bit under $50K per year,

 

What will NOT be discussed:

Which is almost equally as important, because the detailed areas that are “off-limits” certainly would lead us to believe that the criminal and counterintelligence investigations are very much ongoing. I know last week the news was Mueller’s releasing his report. At the time I stated how dubious this “breaking” news story was. Specifically the fact that newly confirmed Attorney General Barr is a creature of the Beltway, there are protocols in place and the single most important investigation of our lifetime would not conclude or findings released while POTUS was out of County.

 

“public hearing will not include questions relating to the Intelligence Committee’s investigation of efforts by Russia and other foreign entities to influence the U.S. political process during and since the 2016 U.S. election, and the counterintelligence threat arising from any links or coordination between U.S. persons and the Russian government, including any financial or other compromise or leverage foreign actors may possess over Donald Trump, his family, his business interests, or his associates.”

 

You can read the additional documents and letters surrounding Michael Cohen’s highly anticipated testimony

 

 

The Democrats House Oversight Committee will stream the Hearing, the various documents and letters related to Cohen’s hearing can be found here.  the Cohen hearind will also be streaming via their YouTube Channel.

Drink your Red Bull because it’s going to be a pretty exciting work. XO -Spicy 

 

Also now that comments are turned on, hopefully I figure out how to live blog/comment. A huge shout out to those who have supported Claude MadDog and myself...the support has been heartening and you need to know that I truly appreciate it. For the record this is me, embracing the Suck as in Twitter suck. <snort>

While you're here, throw us a bone.

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26 comments

  • Joe: February 26, 2019

    Hang in there spice. We miss ya.

  • KimB: February 26, 2019

    Thanks for everything Spicy!

  • ScienceMilkCow: February 26, 2019

    This is the document analysis that I needed injected into my veins! Thanks Spicy

  • Erin : February 26, 2019

    Love!

  • Peter Barnes: February 26, 2019

    Thank you, Spicy and Claude, for the work you’re doing.
    Having followed several iterations of your twitter account, Spicy, I’m under no illusions about the ethics of that company or the fairness of your repeated evictions. We can only hope that if there are (as seems likely) foreign influences at work inside the company that they’re exposed to the light as a result of the spreading ripples from Mueller.
    Again, thank you for your tireless efforts, and please don’t stop!

  • Julie Kay: February 26, 2019

    Thanks for a much needed Spicy fix! Your work is incredibly valued and valuable. ❤️

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