From consigliere to co-operator: how ex-ally could ‘flip’ and become star witness
WITH five guilty pleas and 24 indictments already filed, special counsel Robert Mueller poses an obvious threat to the White House. Donald Trump admits as much with his incessant attacks on the investigation. But an even greater risk is on the horizon: Michael Cohen’s public statements on Monday and other recent signs strongly suggest that Trump’s long-time consigliere will seek to ‘flip’ on the president, becoming a government cooperator and potential star witness. Because of his role as Trump’s fixer, Cohen is more likely than anyone else to have damaging information on the president.
To criminal law practitioners like us with many decades of experience dealing with co-operators, Cohen fits the profile of someone extremely likely to be targeted by investigators seeking to proceed up the criminal food chain.
There is apparently significant evidence of Cohen’s own potential criminality – as evidenced by prosecutors successfully obtaining a search warrant of his premises, which is highly unusual against a law yer in an investigation of alleged white-collar crimes.
Potentially facing a substantial jail sentence and crippling financial penalties, Cohen is highly motivated to place his own interests above that of his former patron and trade information about the president and others for his own freedom.
The first sign of a potential forthcoming deal was when Cohen fired his team of law yers last month in favour of a law yer at a boutique firm of former federal prosecutors. While not by itself definitive, such a change of counsel, in our experience, often signals a change in strateg y.
Then the identity of Cohen’s new law yer was revealed. Guy Petrillo and partners all previously worked in the same US attorney’s office that raided Cohen’s office and is leading the investigation of him.
Petrillo once worked side by side with the current prosecutor overseeing the investigation, as well as with Trump’s principal antagonist, former FBI director James Comey, and for another Trump adversary, Preet Bharara, who warmly praised Petrillo on Twitter af ter his appointment as a “beloved” alumnus of the ver y prosecution office where any deal will be cut.
Next, Cohen himself began acting in a manner that suggests a new perspective on Trump – for example, publicly criticising the his president’s immigration policies in a letter resigning as deputy finance chair of the Republican National Committee. But it was Monday that confirmed Cohen is ready to co-operate.
When asked point-blank by ABC News’s George Stephanopoulos how he would choose between continuing to protect the president and safeguarding his family from the consequences of a prosecution, he answered: “To be cr ystal clear, my wife, my daughter and my son, and this countr y, have my first loyalty.” He then all but admitted his new law yer would be attempting to get a co-operation deal: “Once I understand what charges might be filed against me, if any at all, I will defer to my new counsel, Guy Petrillo, for guidance.” He is also reportedly exiting from a “joint defence agreement” with Trump that allowed them to share information about legal proceedings – another typical sign of coming co-operation.
Of course, this could all be a ploy to have Trump pay Cohen’s legal fees, as he has reportedly requested, or even to angle for a pardon. But for Trump, offering large payments or a future pardon
Potentially facing jail and crippling penalties, Cohen is highly motivated to place his own interests above his former patron’s
risks the accusation that he is engaged in witness tampering or obstruction of justice. If he granted Cohen a pardon, that could precipitate abuse-of-power hearings in Congress, tip public opinion – and unleash state attorneys general to go after Cohen for state charges Trump can’t pardon. The New York attorney general has demonstrated her readiness to act independently with her recent lawsuit against Trump for infractions at his charitable foundation.
So the most likely Cohen scenario is that he does make a deal. In that case, Cohen’s law yer would first “proffer” the areas where Cohen might be able to provide evidence to support the investigation and prosecution of others. Then Cohen himself would meet with prosecutors and divulge every thing he knows about his and others’ potential illegal activ ities, including Trump’s. That could, as with national security adviser Michael Flynn, result in a plea to a single charge carr ying no jail time – or something more (or less) serious, depending on Cohen’s own alleged wrongdoing and the quality of the information he has to offer. (© The Washington Post)