Michael Cohen's lawyer may be a worse lawyer than he is!

[DrLove]

David Schwartz tries to claim that Trump knew nothing about the 130k or the contract but that even though he didn't know about it, agree to it, OR sign it .. it's still a valid contract.

I kid you not - watch this dude fumble and mumble his way through the interview -- "Look, Michael Cohen is a fixer who has great latitude .. this stuff happened all the time!" -

LoLz ... You'll get the gist of it by starting around half way through. Jesus, where does Trump find all these sleazy jackhammers?

After you've put yourself through the painful experience of the interview .. Check out the Twitterstorm!

Michael Cohen’s Attorney May Be an Even Worse Lawyer Than He Is

 

[EvilCat Breath]

Agency.

 

[DrLove]

Agency.

HuH?

 

[EvilCat Breath]

Once a person has agreed to an agency agreement, they need not know of the nature of the contracts signed by the agent to be bound by them, they don't need to know that such contracts exist, or what they say or what they do.

You find this all the time, and I mean ALL the time with Hollywood stars. They sign an agency agreement with financial managers. When they are broke, they find out all about the loser contracts signed in their name by the manager.

A person hires a lawyer and says "make this go away" then signs a power of attorney to make that happen. The principal is bound to the contract signed by the agent whether they knew of the contract or what it said or even that it existed at all.

 

[centerleftFL]

David Schwartz tries to claim that Trump knew nothing about the 130k or the contract but that even though he didn't know about it, agree to it, OR sign it .. it's still a valid contract.

I kid you not - watch this dude fumble and mumble his way through the interview -- "Look, Michael Cohen is a fixer who has great latitude .. this stuff happened all the time!" -

LoLz ... You'll get the gist of it by starting around half way through. Jesus, where does Trump find all these sleazy jackhammers?

After you've put yourself through the painful experience of the interview .. Check out the Twitterstorm!

Michael Cohen’s Attorney May Be an Even Worse Lawyer Than He Is

So he took out a $130k line of credit on HIS HOUSE to help out his buddy/client 'hush' a porn star and never told Trump? So I ask you folks, how many of YOUR FRIENDS would do that for you? And if he didn't tell him, he used TRUMP'S ALIAS name--or made up an ALIAS name? Isn't that FRAUD all by itself?

In fact, is an ALIAS legal to begin with to sign a contract?

PS I've asked this before. If Cohen is married, can he encumber the equity of his house to the tune $130k without his wife's signature? Just wondering.

 

[WorldWatcher]

PS I've asked this before. If Cohen is married, can he encumber the equity of his house to the tune $130k without his wife's signature? Just wondering.

Depends on the names on the Title for the house. If the Title is in his name only, sure.

If the house is in both names, then any reputable lending institution is going to require the signatures of both parties before issuing a mortgage or 2nd mortgage on the property.


>>>>

 

[usmbguest5318]

​

This line/sequence of events that Cohen and his attorney are pushing is very suspect. There are only so many ways the NDA could have come about and been mutually agreed such that Trump was unaware of the contract and related payment make sense. That's not to say thing didn't happen thus, but it strains credulity to think things did happen thus.

Consider what's known:

• July 2011 -- Daniels gave an interview to In Touch magazine. In the interview, she expounded on a tryst she had with Trump in July 2006.
• October 2011 -- A blog called "The Dirty" mentions the alleged tryst between Trump and Daniels.
• January 2016 -- Daniels hints at the tryst with Slate.
• Oct 7, 2016 -- Access Hollywood tape released.
• Oct. 17, 2016 -- Essential Consultants LLC formed
• Oct. 18, 2016 -- The Smoking Gun publishes a piece about Trump and Daniels, hinting at the tryst.
• Late October 2016 -- Cohen and Daniels' attorney (Keith Davidson) agree provisionally that $130K will buy Daniels' silence; however, Daniels wanted to be paid to tell the story. In 2011, she was willing to accept $15K (See above).
• Sometime prior to Oct. 26, 2016 -- Cohen obtains a home equity loan to pay the $130K
• Oct. 26, 2016 -- Cohen confirms to Davidson that the money is available.
• After Oct. 26, .2016 and before Oct. 28, 2016 -- Cohen executes payment to Daniels.
• Oct. 28, 2016 -- NDA signed by Daniels and Cohen, Cohen signing on behalf of Essential Cons. LLC. In the NDA, Donald Trump is referred to as "DD" and Stormy Daniels is referred to as "PP."
  
  
  

What are the claims being made by the parties to the NDA?

• Trump/WH --> The tryst didn't happen. Daniels is lying.
  
  
  
• Cohen --> "Neither the Trump Organization nor the Trump campaign was a party to the transaction with Ms. Clifford, and neither reimbursed me for the payment, either directly or indirectly. The payment to Ms. Clifford was lawful, and was not a campaign contribution or a campaign expenditure by anyone."
  • That statement is unambiguous and means neither more nor less than what it says:
    • Trump was not party to the transfer of money to Daniels. It wasn't his money. He didn't execute the transfer/payment.
    • The payment transaction was not made by the Trump campaign.
    • Cohen did not make the payment in order to avail Trump's election outcome prospects, thus the payment wasn't an in-kind contribution.
  • What that is germane to the alleged Trump-Daniels' interactions does that statement not say or imply?
    • It is silent about whether Trump was aware of the NDA agreement.
    • It is silent on what was or was not the reason for the NDA and terms of it.
    • It is silent on whether the tryst happened.
• Daniels --> She and Trump had sex. She was coerced into signing the NDA (not clear by whom). She/her child was threatened by Cohen or someone acting on his behalf.

I find it hard to believe that: Cohen:

• Was told by Trump the sex never happened and yet paid Daniels $130K in return for her not publicly asserting that she and Trump had a tryst.
  • If Cohen did indeed do that, every woman in the country should contact Cohen and claim to have had sex with Trump. It's worth a try at the very least. Hell, I should make such a claim; being a man, I'm sure I could get more than $130K. Imagine the headline: "Trump Had Sex with a Man."
• Either
  • Dd not believe Daniels and Trump had a tryst,paid the money anyway, and told Trump nothing about the NDA, or
  • Did believe Daniels, paid the money and told Trump nothing about the NDA.
• Cohen paid the money with no conception that doing so would abet Trump's chances of winning the 2016 presidential election.

Yet the above is what Cohen, Trump and Cohen's attorney would have you, me, and everyone else believe. Seriously!?! Come on. Lots of us were born at night, but not last night.

 

[usmbguest5318]

David Schwartz tries to claim that Trump knew nothing about the 130k or the contract but that even though he didn't know about it, agree to it, OR sign it .. it's still a valid contract.

I kid you not - watch this dude fumble and mumble his way through the interview -- "Look, Michael Cohen is a fixer who has great latitude .. this stuff happened all the time!" -

LoLz ... You'll get the gist of it by starting around half way through. Jesus, where does Trump find all these sleazy jackhammers?

After you've put yourself through the painful experience of the interview .. Check out the Twitterstorm!

Michael Cohen’s Attorney May Be an Even Worse Lawyer Than He Is

So he took out a $130k line of credit on HIS HOUSE to help out his buddy/client 'hush' a porn star and never told Trump? So I ask you folks, how many of YOUR FRIENDS would do that for you? And if he didn't tell him, he used TRUMP'S ALIAS name--or made up an ALIAS name? Isn't that FRAUD all by itself?

In fact, is an ALIAS legal to begin with to sign a contract?

PS I've asked this before. If Cohen is married, can he encumber the equity of his house to the tune $130k without his wife's signature? Just wondering.

I want to know for sure who wrote the contract? It's my understanding that Cohen or someone working with/for him did. Assuming that's so:

• What attorney composes a contract having as an "optional" named signatory a person who is one's primary (if not sole) client and who is not party to the contract?
  
  Cohen "left the option open to go to Trump" but chose not to and yet, knowing that, presented a contract that included a space for Trump to sign a document about which he'd have known nothing. Seriously!?! Do they have only typewriters, rather than computers and word processing software, in Cohen's practice/office/house?
  • Josh Marshall on Twitter

 

[usmbguest5318]

PS I've asked this before. If Cohen is married, can he encumber the equity of his house to the tune $130k without his wife's signature? Just wondering.

Depends on the names on the Title for the house. If the Title is in his name only, sure.

If the house is in both names, then any reputable lending institution is going to require the signatures of both parties before issuing a mortgage or 2nd mortgage on the property.


>>>>

AFAIK, the home equity "loan" was in fact an extant home equity line of credit, so Cohen could have obtained a withdrawal against that line of credit without having to inform any other owner of the property.

 

[WorldWatcher]

AFAIK, the home equity "loan" was in fact an extant home equity line of credit, so Cohen could have obtained a withdrawal against that line of credit without having to inform any other owner of the property.

Ya, if you have an established line of credit and any authorized individual can draw on it without authorization of the other, than that changes things.


>>>>

 

[Roudy]

Oh boy, another Libtard Stormy jerkoff thread. Non of this matters to the American people or the legal case. Stormy and her lawyer are going down in flames when she gets slapped with not only returning the $130,000 but millions more as a fine for violating the NDA agreement she and her attorney signed.

 

[edward37]

Oh boy, another Libtard Stormy jerkoff thread. Non of this matters to the American people or the legal case. Stormy and her lawyer are going down in flames when she gets slapped with not only returning the $130,000 but millions more as a fine for violating the NDA agreement she and her attorney signed.

He went on: "It appears that Michael Cohen managed to hire a lawyer who is even more incompetent than himself. Cohen's lawyer is a complete train wreck in this interview."

Cliffords is suing Trump to toss the nondisclosure agreement that prevented her from publicly talking about the alleged affair in detail. Both Cohen and the White House have denied her accusations.

 

[DrLove]

Once a person has agreed to an agency agreement, they need not know of the nature of the contracts signed by the agent to be bound by them, they don't need to know that such contracts exist, or what they say or what they do.

You find this all the time, and I mean ALL the time with Hollywood stars. They sign an agency agreement with financial managers. When they are broke, they find out all about the loser contracts signed in their name by the manager.

A person hires a lawyer and says "make this go away" then signs a power of attorney to make that happen. The principal is bound to the contract signed by the agent whether they knew of the contract or what it said or even that it existed at all.

Nonsense

An attorney is not an "agency" and it is unethical for them to take action on behalf of a client that the client has no knowledge of.

It can result in disbarment

 

[usmbguest5318]

Oh boy, another Libtard Stormy jerkoff thread. Non of this matters to the American people or the legal case. Stormy and her lawyer are going down in flames when she gets slapped with not only returning the $130,000 but millions more as a fine for violating the NDA agreement she and her attorney signed.

He went on: "It appears that Michael Cohen managed to hire a lawyer who is even more incompetent than himself. Cohen's lawyer is a complete train wreck in this interview."

Cliffords is suing Trump to toss the nondisclosure agreement that prevented her from publicly talking about the alleged affair in detail. Both Cohen and the White House have denied her accusations.

Cliffords is suing Trump to toss the nondisclosure agreement that prevented her from publicly talking about the alleged affair in detail.

This is the part that baffles me. She's already described the alleged coitus event in about as much detail as non-prurient folks should care to receive. But, hey, maybe it's just I and a few others who feel we don't need to know what Trump looked like naked, whether his left testicle hung lower, whether he's got moles or a birthmark and where, etc. I really don't care whether his "hands are small."

Insofar as she's shared enough details, why is she suing to be able to share more of them? (Is that in fact what she's suing to receive? I don't know; I'm, for now, taking your word for that.) Is there really more for her to say that's worth hearing?

Then again, I'm one who thinks that because one can say something doesn't mean one should or must say it. One just doesn't need to tell everyone about everything or even much that one experiences(-ed) and/or every thought that crosses one's mind. To wit, IMO, much that Trump has said should never have been said. Alas, he and Ms. Daniels seem to be people for whom the notion of keeping one's own counsel escapes them far too often.

 

[xyz]

This is hilarious. By admitting the NDA is real, they have basically admitted that Trump had an affair with her.

 

[Roudy]

This is hilarious. By admitting the NDA is real, they have basically admitted that Trump had an affair with her.

Bzzt wrong. An NDA is an agreement to keep a person from disclosing, it is not an admission. For example, many pop and movie stars who throw wild parties, make their guests sign NDA's with stiff penalties. Now does that mean that something illegal or wrong happened? No.

 

[Roudy]

Oh boy, another Libtard Stormy jerkoff thread. Non of this matters to the American people or the legal case. Stormy and her lawyer are going down in flames when she gets slapped with not only returning the $130,000 but millions more as a fine for violating the NDA agreement she and her attorney signed.

He went on: "It appears that Michael Cohen managed to hire a lawyer who is even more incompetent than himself. Cohen's lawyer is a complete train wreck in this interview."

Cliffords is suing Trump to toss the nondisclosure agreement that prevented her from publicly talking about the alleged affair in detail. Both Cohen and the White House have denied her accusations.

Yup, and that's why the judge presiding the case just told stormy's lawyer to fuck off:

Judge denies Stormy Daniels’s bid to expedite case against Trump over confidential agreement

Judge denies Stormy Daniels request to depose President Trump, lawyer vows to refile motion

Judge denies Stormy Daniels' request to depose Trump

 

[xyz]

This is hilarious. By admitting the NDA is real, they have basically admitted that Trump had an affair with her.

Bzzt wrong. An NDA is an agreement to keep a person from disclosing, it is not an admission. For example, many pop and movie stars who throw wild parties, make their guests sign NDA's with stiff penalties. Now does that mean that something illegal or wrong happened? No.

That's pretty kinky, but also Trump having an affair with somebody is not illegal.

 

[Roudy]

This is hilarious. By admitting the NDA is real, they have basically admitted that Trump had an affair with her.

Bzzt wrong. An NDA is an agreement to keep a person from disclosing, it is not an admission. For example, many pop and movie stars who throw wild parties, make their guests sign NDA's with stiff penalties. Now does that mean that something illegal or wrong happened? No.

That's pretty kinky, but also Trump having an affair with somebody is not illegal.

Most people assume that signing an NDA means "something must have happened", it doesn't.

NDA 101: What Is a Non-Disclosure Agreement?

The Entertainment and Sports Law Journal

Celebrity NDAs: Stars Who Make Lovers Sign Papers Jennifer Lopez, Drake & More

Should you have your nanny sign a confidentiality agreement?

 

[deanrd]

Everyone knows unsigned contracts are binding.