I’m no lawyer, but it seems clear that Individual-1 directed Michael Cohen to commit felonies. From the federal prosecutors’ sentencing recommendation for Cohen:
During the campaign, Cohen played a central role in two similar schemes to purchase the rights to stories — each from women who claimed to have had an affair with Individual-1 — so as to suppress the stories and thereby prevent them from influencing the election. With respect to both payments, Cohen acted with the intent to influence the 2016 presidential election. Cohen coordinated his actions with one or more members of the campaign, including through meetings and phone calls, about the fact, nature, and timing of the payments. (PSR ¶ 51). In particular, and as Cohen himself has now admitted, with respect to both payments, he acted in coordination with and at the direction of Individual-1. (PSR ¶¶ 41, 45).The recommendation notes that in June 2015 Individual-1 “began an ultimately successful campaign for President of the United States.” You can read the recommendation at The Washington Post.
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Did you read the Kurt Eichenwald thread about the details of how the payments were done and what it means legally, details still unknown? https://twitter.com/kurteichenwald/status/1071201140010815489
Thank you for sharing that, Pat — I hadn’t seen it. It’s the most helpful thing I’ve read for understanding what may be involved.
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