The first SDNY sentencing memo has just come out … The seven page Mueller sentencing document follows.
Cohen is messaging with his reluctance, so he may be still stonewalling to get more concessions with his cooperation. SDNY looks differently on this in terms of sentencing guidelines. Mueller’s document may look upon this “cooperation” differently, especially as the obstruction case for Individual 1 looms.
Jeffrey Toobin on CNN notes that there is corroboration for Individual 1 reaching out to the Russians. We’re now at “high crimes and misdemeanors”.
4. Cohen’s Illegal Campaign Contributions
On approximately June 16, 2015, Individual-1, for whom Cohen worked at the time, began an ultimately successful campaign for President of the United States. Cohen had no formal title with the campaign, but had a campaign email address, and, at various times advised the campaign,including on matters of interest to the press. Cohen also made media appearances as a surrogate and supporter of Individual-1. (PSR ¶ 39).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 meeting 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). As a result of Cohen’s actions, neither woman spoke to the press prior to the election. (PSR ¶ 51).
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So get your ruler out to measure redactions at least in the Manafort document… What’s interesting are the component elements of Cohen’s crimes — some pertaining to NY, others designed to address the cover-up for Individual 1 at the Congressional level.
Within the confines of the SCO investigation itself, the Office does not dispute that Cohen’s assistance to the SCO was significant. But because Cohen elected not to pursue more fulsome cooperation with this Office, including on other subjects and on his own history, the Office cannot assess the overall level of Cohen’s cooperation to be significant. Therefore, the Office submits that, in fashioning a sentence on its case, the Court afford Cohen credit for his efforts with the SCO, but credit that accounts for only a modest variance from the Guidelines range and does not approach the credit typically given to actual cooperating witnesses in this District.
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It is this type of harm that Congress sought to prevent when it imposed limits on individual contributions to candidates. To promote transparency and prevent wealthy individuals like Cohen from circumventing these limits, Congress prohibited individuals from making expenditures on behalf of and coordinated with candidates. Cohen clouded a process that Congress has painstakingly sought to keep transparent. The sentence imposed should reflect the seriousness of Cohen’s brazen violations of the election laws and attempt to counter the public cynicism that may arise when individuals like Cohen act as if the political process belongs to the rich and powerful.
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Taken alone, these are each serious crimes worthy of meaningful punishment. Taken together, these offenses reveal a man who knowingly sought to undermine core institutions of our democracy. His motivation to do so was not borne from naiveté, carelessness, misplaced loyalty,or political ideology. Rather, these were knowing and calculated acts – acts Cohen executed in order to profit personally, build his own power, and enhance his level of influence. The nature and seriousness of each of Cohen’s crimes warrant a substantial sentence in this case. See 18 U.S.C. § 3553(a)(1), (2)(A).
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“Cohen’s decision to plead guilty – rather than seek a pardon for his manifold crimes – does not make him a hero.”
Mr. Trump's Twitter tirade comes as Mueller and prosecutors are expected to file court documents related to two important witnesses in their Russia probe: former Trump campaign chairman Paul Manafort and former Trump lawyer Michael Cohen. Also, former FBI director James Comey is appearing before a closed-door session with lawmakers on Capitol Hill Friday.
In the tweets, the president also said he does not know Jerome Corsi, the Roger Stone associate who has been saying he has a joint defense agreement with Trump in the probe.
Interesting, Pence could be in the barrel… shades of Spiro Agnew: