David Schwartz, attorney for Donald Trump’s attorney Michael Cohen, went on CNN for an interview with Erin Burnett last night and it did not go well. Here he is claiming that Trump had no knowledge of the agreement or $130,000 payment between Stormy Daniels and Michael Cohen’s LLC:
"Look, Michael was the fixer…there were a ton of matters that took place that Michael fixed…Donald Trump wasn't involved in every single matter" – David Schwartz, Michael Cohen's attorney and spokesman https://t.co/f42oa9GqzK pic.twitter.com/oZ0Kz9CHTs
— OutFrontCNN (@OutFrontCNN) March 28, 2018
Cohen, in the past, has been purposely unclear on this, and for good reason. According to these lawyers, if Trump is not in the agreement then there is nothing stopping Daniels from talking to the media.
Here’s former federal prosecutor Renato Mariotti:
Michael Cohen's attorney just claimed on @OutFrontCNN that Trump was not aware of the Stormy Daniels agreement or the payment, which means that there was no contract between Trump and Daniels, and Daniels can release the materials. Why would he admit this on national television?
— Renato Mariotti (@renato_mariotti) March 28, 2018
Under the terms of the agreement itself, only "DD" can enforce it. If Cohen's position is that Trump is not DD, then unless someone else comes forward as "DD," it is unenforceable and Stormy Daniels can release the materials. https://t.co/pIquaTzwX1
— Renato Mariotti (@renato_mariotti) March 29, 2018
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 by @ErinBurnett. https://t.co/nPW4YFheVf
— Renato Mariotti (@renato_mariotti) March 29, 2018
Bradley Moss agrees:
I don’t know what the hell Cohen’s lawyer is doing here but @MichaelAvenatti is popping champagne corks. Cohen’s lawyer just admitted that Trump not only never signed the hush agreement but he wasn’t even aware of it. Trump has no agreement with Stormy that I can see. None. https://t.co/33x7eQTqlP
— Bradley P. Moss (@BradMossEsq) March 29, 2018
As does Susan Simpson:
"Each Party acknowledges that [Stormy] is executing this Agreement in reliance" on *Trump* releasing certain claims he has against Stormy.
Michael Cohen can't offer that. EC LLC can't offer that either. Only Trump can.
So if Trump ain't in the agreement, THERE IS NO AGREEMENT.
— Susan Simpson (@TheViewFromLL2) March 29, 2018
We’ll be hearing more about this today, that’s for sure:
Do I have any contract law attorneys as followers?
Am I wrong in thinking this will be shown in law school classes as an example of what NOT to say about a case you’re working on? https://t.co/HwBMDHc3V7
— Frank Luntz (@FrankLuntz) March 29, 2018
Why on earth would Cohen use this guy as his advocate? He literally established there was no agreement between DJT and Stormy? What a dopehead. https://t.co/uQ7YKA6Ign
— Sara Azari, Esq. (@azarilaw) March 29, 2018
No, this is not remotely normal.
The scenarios under which it is legal or ethical are highly improbable. https://t.co/z1R2cKYolP
— 1000/24thHat (@Popehat) March 29, 2018
In 11 years practicing law, I have never negotiated and signed an agreement for a client without them being fully informed. It’s unethical to do otherwise. https://t.co/33x7eQTqlP
— Bradley P. Moss (@BradMossEsq) March 29, 2018
After 25 years of law practice I can say I have NEVER negotiated a settlement w/o client approval. If we can find someone who graduated from law school in 1940 and is now 103 years old, I am very confident that attorney would say the same thing!! #Unethical #NeverHappens https://t.co/7223I8SwXk
— Mark S. Zaid (@MarkSZaidEsq) March 29, 2018
And then this morning, Schwartz insinuated there was no attorney-client relationship between the parties:
Michael Cohen’s lawyer denies the existence of an attorney-client relationship between Cohen and Trump in the Stormy Daniels matter. pic.twitter.com/bRXWTsuKOR
— southpaw (@nycsouthpaw) March 29, 2018
Good advice:
.@MichaelCohen212 two cents of free advice. Get your attorney off TV.
— Bradley P. Moss (@BradMossEsq) March 29, 2018
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