USA TODAY International Edition

Can Trump survive latest court filings?

Explosive charges on hush money and Russia

- Harry Litman Harry Litman, a former U.S. attorney and deputy assistant attorney general, practices at Constantin­e Cannon and teaches at the University of California in San Diego and Los Angeles.

The latest court memos filed by special counsel Robert Mueller and federal prosecutor­s from the Southern District of New York cast a deep shadow over Donald Trump's presidency. In cases involving former Trump lawyer Michael Cohen, they disclose that the president, while a candidate, oversaw and directed a criminal scheme.

We already knew Cohen seemed to have a hand in two instances of criminal conduct. One was the campaign finance scandal involving hush money payouts to women with whom Trump allegedly had affairs. The other was the pursuit during the campaign of Trump's dream of a Trump Tower in Moscow, possibly connected to easing or removing sanctions on Russia.

The filings confirm Cohen's involvemen­t in those two schemes but, far more important, recall the famous Watergate inquiry: What did the president know and when did he know it? The memos suggest the answers are: 1) a lot and 2) at the time.

The New York prosecutor­s' memo flatly portrays Trump — “Individual 1” — as the mastermind of a criminal conspiracy to break campaign finance laws to influence the election. The prosecutor­s say that “as Cohen himself has now admitted, with respect to both payments, he acted in coordinati­on with and at the direction of Individual 1.”

That is incendiary stuff. Were it not for the apparent infinite tolerance of the Republican Senate for Trump's misconduct, that charge itself would put the president in grave peril of impeachmen­t and removal. Arguably, the memo is a baby step from the flat conclusion that the president is a felon.

The prosecutor­s say the hush money scheme deceived voters and robbed them of the transparen­cy that the campaign finance laws are designed to protect. An unstated but inescapabl­e corollary is that we can never know whether Trump stole the election.

In some ways, the more explosive charge concerns Trump's personal involvemen­t in outreach to the Russian government from early 2015 until well into the campaign. The special counsel office's seven-page memo credited Cohen with providing “useful informatio­n concerning certain discrete Russia-related matters core to its investigat­ion,” as well as “relevant and useful informatio­n concerning his contacts with persons connected to the White House during the 2017–18 time period.” A wealth of incriminat­ing informatio­n involving the president likely is wrapped in this careful formulatio­n.

Mueller sketches out Cohen's long course of work in support of the Trump Tower “Moscow Project.” The building would have been the largest in Europe and the biggest deal of the dealmaker's career. Mueller informs the court that Cohen continued to work on the “highly lucrative” project and discuss it with “Individual 1” through most of the campaign. It thus exposes as lies Trump's repeated statements during the campaign. Cohen told the same lies to Congress — the offense that Mueller charged him with — and the contacts in 2017-18 refer to his likely coordinati­on of those lies with the high reaches of the Trump White House.

I have argued that the Moscow Project could implicate Trump in a criminal conspiracy to ease sanctions on Russia in return for the green light to build the tower. But the more chilling part of the story is captured in the phrase “political synergy.” Cohen said a “trusted person” in the Russian Federation negotiatin­g the deal offered it to the campaign. Translatio­n: The Moscow Project will bring you great wealth and enormous political power, which you can use in ways friendly to Russia.

This, one suspects, is the enduring image of the Trump presidency, the shadow he will never remove. Trump's signature project, as candidate and president, has been his own enrichment. And a main theme of the seemingly countless false and misleading claims is to recast or conceal that goal in crass political terms that excite the minority slice of the voting public that permits his tenuous grasp on power. That grasp could finally be loosening.

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