Say, what?
That’s the central argument being proffered by Lanny Davis – Michael Cohen’s lawyer (and longtime lawyer for the Clintons).
Interviewed by a well-prepped Martha McCallum, Davis — playing defense — argued that there is certainly a campaign law violation:
Explicitly, because Cohen plead guilty to a campaign violation, and …
Implicitly, because the prosecutors – who had the facts – included the campaign violation in the plea deal.
click to view … or keep reading
Let’s unpack Davis’ logic…
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There are a couple of interesting questions underlying Davis’ argument:
1) Can a defendant plead guilty to to a charge even if they’re innocent?
Answer: Sure they can.
Think Michael Flynn who plead guilty to lying to FBI agents even though the agents reported that he responses were truthful.
2) Can a defendant plead guilty to something that isn’t a crime?
Answer: Sure they can.
But, it’s presumed that prosecutors cull the pleading to eliminate such instances.
3) So, if a defendant pleads guilty to a charge that’s included in a plea deal, it must be a crime, right?
Answer: Not necessarily.
First, it’s important to note that a plea deal is uncontested. That’s different than an adjudication in a court trial.
Said differently, it means that the defendant and the prosecution agree.
It doesn’t mean that the prosecution is right.
And, prosecutors do, in fact, blow cases … winning in court only to have convictions overturned in higher courts that scrutinize the legal content of the initial conviction.
Think: Arthur Andersen – a firm destroyed by overzealous prosecution that was eventually overturned.
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Bottom line: Cohen’s having plead guilty to a campaign violation is interesting, but is not determining.
Just because he (and the prosecutors) say that it’s true doesn’t make it true.
Sorry, Lanny.
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August 23, 2018 at 6:59 am |
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