Trump Accidentally Vindicated Michael Cohen by Suing Him: Former Prosecutor
A $500 million lawsuit filed by Donald Trump against his former attorney and "fixer" Michael Cohen is questionable and perhaps a truthful admission on the former president's behalf, according to a former high-ranking official in the Manhattan District Attorney's Office.
The 30-page lawsuit filed by Trump's legal team in the U.S. District Court for the Southern District of Florida alleges that Cohen breached his legal duties on Trump's behalf by "spreading falsehoods" that were "likely to be embarrassing or detrimental, and partook in other misconduct in violation of New York Rules of Professional Conduct."
Cohen also "breached the contractual terms of the confidentiality agreement" he signed as a condition of working for Trump, according to the suit, by revealing Trump's confidences and "spreading falsehoods" about Trump "with malicious intent and to wholly self-serving ends."
Trump was indicted last week by Manhattan District Attorney Alvin Bragg and charged with 34 counts of falsifying business records. Cohen pleaded guilty in 2018 to violating federal campaign finance law by arranging hush money payments to adult film actress Stormy Daniels and former Playboy model Karen McDougal prior to the 2016 election, which Cohen claimed was done at Trump's direction. Trump has denied his involvement in the payments, as well as the alleged affairs with both women.
"It's an interesting case here because on the one hand, [Trump's] saying everything is false," Karen Agnifilo, a former Manhattan chief assistant district attorney under Cyrus Vance Jr., said on CNN's Erin Burnett OutFront on Wednesday evening. "So, if he was breaching attorney-client privilege you're doing that by telling things that were said to you in confidence.
"So, is [Trump] saying that things that Michael Cohen is saying [are] true because I told him in confidence and now he's breached that privilege, or is he saying that the things are false? Because if they're false, why didn't he bring a defamation claim? It kind of makes no sense."
Agnifilo told Newsweek via phone on Thursday that the lawsuit leads her to believe the only reason for the suit is "sending a message" to Cohen "and anyone else who ever wants to come forward against Trump," calling it continued threats and intimidation.
"That to me is the No. 1 thing that it is, but it's also [Trump's] way of getting around the judge's admonishment not to talk about the case," she said. "He put everything in there that he wants to say about case. The whole thing is, like, spelling out his defense.
"So, now he can try the case in the court of public opinion and be protected by the litigation privilege because that's what he's wanted to do. He doesn't want to try this case in court. He wants to try this case in the court of public opinion."
Acting New York Supreme Court Justice Juan Merchan warned Trump following his indictment not to make comments or engage in conduct that has the "potential to incite violence, create civil unrest, or jeopardize the safety or well-being of any individuals."
In a speech at Mar-a-Lago hours later, Trump made comments about the judge and his family.
Trump's lawsuit also alleges that Cohen breached confidentiality and spread falsehoods "through myriad public statements, including the publication of two books, a podcast series, and innumerable mainstream media appearances."
Agnifilo said the timing also is peculiar considering Cohen has published books and hosted podcasts for years, but now is being sued following the former president's indictment.
"It's not about Michael Cohen breaching privileges; [Trump] could have done this a long time ago if that's what he really cared about. What he cares about is intimidation and influence. That's it.
"He wants to influence the jury pool by putting out his defense in these papers, he wants to influence his followers to try to pressure the D.A. not to bring this case. To me, that's what this is."
Cohen has begun fundraising for his defense, tweeting a link to his American Patriot Legal Firewall page on GoFundMe with the goal of raising $100,000.
He said in a tweet that despite Trump's attempts to "intimidate and harass" him, he will "NEVER stop fighting and holding him accountable for his dirty deeds."
"Mr. Trump appears once again to be using and abusing the judicial system as a form of harassment and intimidation against Michael Cohen," Lanny Davis, Cohen's attorney, told Newsweek in a statement. "It appears he is terrified by his looming legal perils and is attempting to send a message to other potential witnesses who are cooperating with prosecutors against him."
He added that Trump's suit "will fail based on the facts and the law."
"Is there anyone in America, aside from a shrinking minority base of believers, who takes Mr. Trump seriously when he files these apparently frivolous lawsuits?" the attorney wrote.
Trump attorney Joe Tacopina told Newsweek via email that he had no comment regarding the lawsuit and that he is not involved in that litigation.
