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Donald, you’ve been served by your FIXER

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Posted on March 07 2019

 

🌶You’ve been served March 7, 2019🌶

Cohen & Trump Round: you’ve been served:

 

Nothing says happy Thursday like, Hiya Dotartd here’s your summons. I should say absent the actual contract between Trump and Cohen, it’s really hard to make an informed opinion on the merits of Cohen’s lawsuit. However it’s interesting to see Cohen arguing that the Trump Org has/had a contract.

I suppose we should wait for the Terms & Conditions (Ts & Cs) before we jump the shark? Nah...let’s do this. So strap in because I’m dissecting this on my lunch break:

🌶SpicyFiles Sidebar🌶 notice the text in RED? That’s a disclaimer that this isn’t a “certified filing” meaning I’m pretty sure this was intentionally leaked by Team Cohen.

 

 

Trump Organization’s failure to meet its indemnification obligations under a contractual agreement between the Trump Organization and Mr. Cohen...

 

I’m not kidding as I was in the midst of reading Cohen’s Complaint, the N.Y. Court System assigned an actual index number. See various open source links via N.Y. SCROLL system below:

Official NY State Complaint & Links below

 

Case INDEX NO. 651377/2019, found here

Complaint/Summons found here.

Request for assignment to Commercial Division found here.

Ammendment, see below:

 

So now that Cohen’s complaint is “official” let’s go ahead and pull back the curtain to dissect his complaint both on substance and merit. The interesting data point is there appears to be a contract in place.

Again without knowing the exact Ts & Cs I would urge you to remain skeptical. I also think the counterattack might be relevant, as in I’d expect the Trump Org to argue that Cohen breached the Contract, therefore the contractual obligation” is moot and unenforceable. I am actually surprised that no Exhibit was filed with the Complaint...again that’s why I say you should remain skeptical both on the substance and merit of Cohen’s complaint.

 

Setting aside the merits of the contractual obligations, I do find that Cohen’s argument repeatedly invokes “work on behalf of the Trump Org, it’s officers, it’s directors..” interesting, often times officers of a commercial organization carry a D&O errors and omissions insurance policy, that essentially covers them for any untoward actions they may commit on behalf of the Organization. In my opinion this reads that Cohen is also going after Trump, his sons and his daughter as well as possibly Weisselberg, remember he’s the CFO that was granted limited use immunity solely for the hush money payments and Cohen named dropped him over and over.

 

 “...Trump Organization’s failure, without any reasonable basis, to pay
Mr. Cohen’s attorneys’ fees and costs and other amounts incurred by Mr. Cohen in service to and at the behest of the Organization and its principals, directors, and officers, constitutes a breach of the Trump Organization’s indemnification obligations under the indemnification agreement.”

 If you recall in late 2018 Giuliani disclosed that Trump and the Trump Org had multiple (if not multiple dozens) of Joint Defense Agreements in place. And that in the early Spring of 2018 the Trump for President Inc did in fact pay some of Coheb’s Legal Fees, but once those payments stopped Cohen hired a new legal team.

 

🌶SpicyFiles Sidebar🌶 you may want to read this April 2018 Archived Twitter Theead, found here. See previous blog entry aggregating the Patriot Legal Defense Fund and Trust, found here. See archived twitter thread on PLDFT, found here. Again the fact is Team-Trump did pay some of Cohen’s Legal Cost early on but in July of 2018 (just before July 4th Holiday) Cohen formally separated himself from Trump and the Trump Org.

 Which now takes us to pages 4-5 whereby Cohen argues that the Trump Org breached the indemnification agreement in June 2018.

 

 

It appears the Trump Tower Moscow continues to be the singular point of contention between the parties, given the recent news and acknowledgment by Cohen and Trump...Cohen’s acts were at the introduction and at the behest of the Trump Org and Trump (as an individual)

 

It is important to note that Trump from July 2017 to June 2018 did pay hundreds of thousands of dollars in Cohen’s legal cost. This N.Y. State complaint does not offer any Exhibits. But Cohen is asking for >$2,000,000.00 not to belabor the point but Cohen did not proffer any evidence of the indemnification agreement. Which is why I urge you to be skeptical.

 

 What might be new can be found on Page 7, paragraph # 23, as in I can’t recall any previous disclosure that the HPSCI (Chairman Nunes) issued Cohen a subpoena. It’s possible that this was reported at the time but I may have overlooked it.

 Again the fact that there’s an “indemnification agreement” one could infer the agreement is in writing but where things get fuzzy (for me) is did this agreement obligate the Trump Org to pay any and ALL legal expenses. Without having the advantage of the Ts & Cs it is hard to determine if the agreement is enforceable:

 

 

The timeline does serve as to memorialize how many people in Trump’s orbit are now felons, so there’s that awesome fact nugget  

And let’s not forget this little gem, sorry not sorry this video never ever gets old:

 Holy hell thats a lot of money the Trump Organization paid out, >$1.7Million I -think- the argument that Cohen is making, the Trump Org agreed to and did pay his legal cost but then without explanation the Trump Organization stopped paying and thusly created a financial hardship for Cohen. I don’t know if that’s a solid argument but that’s how I read this complaint.

“...representing Mr. Cohen through at least May of 2018. The Trump Organization continued to represent to Mr. Cohen, at least through June 2018, that it would continue to indemnify Mr. Cohen and pay his attorneys’ fees and costs in connection with the Investigations. The Trump Organization secured the payment of over $1.7 million of Mr. Cohen’s attorneys’ fees and costs incurred

 

I’m going to admit, Cohen’s complaint isn’t that strong, frankly it reads as vindictive and unnecessary...although the end goal may not be about the legal fees but more so about getting Ivanka Trump, Trump Jr and Trump Sr into a deposition and/or discovery. All of which would be hugely problematic for Trump. The other issue I see in Cohen’s complaint is he didn’t name the Trump For President Inc party to this suit. Again which is problematic given some of Cohen’s legal cost were paid by Trump’s Political Campaign:

 

 At any rate I’ve got to dash for an actual work meeting, so I might write a follow up later tonight...that said my position remains the same, I see several issues with Cohen’s complaint and I’m not convinced he can remedy them or his complaint will withstand an aggressive Motion to Dismiss but then again this also means we will hear from my favorite Trump lawyer of all time...#Kasowitzd yup I’m still trying to make that happen...come at me Brooooooo....don’t be scared call me ...CALL ME...”watch your back (you female dog)

😂😂👇🏻😂😂👇🏻😂😂😂👇🏻😂😂👇🏻takes deep breath😂😂😂😂😂😂😂🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣 

 

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5 comments

  • Marie G.: March 08, 2019

    Thanks, Spicy. Lordy, what tapes must exist? It was crazy to see Cohen and his lawyers with all that luggage. It will be interesting to see how far he gets with this, I’m sure there are receipts.

  • C: March 07, 2019

    Spicy thank you.

    Spicy- what is with judge Ellis giving Manafort a sentence for jaywalking and calling him ‘a very fine person’ (in so many words). Is that judge bought? Corrupt? Being threatened by the mob? 😳😳😳😳 Is he in trump’s pocket? 😳😳😳😳

  • Tamilyn Simard: March 07, 2019

    Spicy, Errors and Omissions doesn’t cover Fraud or Criminal Activities. A claim filed by the Trump Org would be a fast denial by their Insurance carrier. Thank you for your continued excellent reporting.

  • Peter Barnes: March 07, 2019

    Given Cohen’s documented penchant for recording conversations it seems it’s a safe bet that records exist of at least some of the claimed interchanges where promises of payment were made. To my untutored eye (IANAL etc) it looks as though there’s a clear strategy of demonstrating a pattern of behaviour which is consistent with some agreement which then ceases, so even absent a bullet-proof written document there would be Prima-facie argument for a verbal agreement….
    As you say I’d assume the real goal is to raise the spectre of discovery and depositions, because if he can advance it to that point they’ll settle out of court to stop that happening, which in light of Individual-1’s litigious history and practices is karma on a bike.

  • Derek McKnight: March 07, 2019

    Funny he didn’t bring this up as a means to pay his attorney fees when asked during the public hearing last week.

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