USA TODAY International Edition

Prosecutor­s aren’t sure Cohen told all

New York team doesn’t recommend leniency

- Kevin McCoy

NEW YORK – Did President Donald Trump’s ex-personal lawyer Michael Cohen come clean about every crime he knows about?

Federal prosecutor­s in New York don’t know for sure – and that’s one reason they won’t recommend leniency for the 52-year-old attorney at his sentencing Wednesday.

The uncertaint­y explains the contrast with the more forgiving sentence recommenda­tion Washington-based special counsel Robert Mueller proposed for the attorney who once served as Trump’s fixer.

Cohen met with the prosecutor­s from the Southern District of New York only when he knew he faced likely indictment, the prosecutor­s wrote in a sentencing memo filed Friday.

When they met, the prosecutor­s wrote, Cohen agreed to discuss only the participat­ion of others in campaign finance violations to which he pleaded guilty in August.

He “specifically declined to be debriefed on other uncharged criminal conduct, if any, in his past,” the prosecutor­s wrote. He declined meetings “about other areas of investigat­ive interest.”

“In order to successful­ly cooperate with this office, witnesses must undergo full debriefings that encompass their entire criminal history, as well as any and all informatio­n they possess about crimes committed by both themselves and others,” they wrote.

Cohen, they said, did not undergo such debriefings.

As a result, the prosecutor­s wrote, Cohen is not officially a cooperatin­g government witness – and is ineligible for a leniency recommenda­tion.

They acknowledg­ed that Cohen provided informatio­n to Mueller, who is investigat­ing Russian interferen­ce in the 2016 presidenti­al election, for which they said he deserves some credit. But they wrote that he should not be spared prison time, as he requested.

They urged U.S. District Court Judge William Pauley to sentence him to roughly 42 months – less than the 51 to 63 months indicated by federal sentencing guidelines but still a “substantia­l term of imprisonme­nt.”

Their recommenda­tion stems from a long-standing legal protocol.

“Federal prosecutor­s are crystal clear that when a defendant begins the process of considerin­g cooperatio­n that it’s an all-or-nothing propositio­n,” said Robert Mintz, a former federal prosecutor.

Mintz, who was deputy chief of the Organized Crime Strike Force Division for the District of New Jersey, has no involvemen­t in the Cohen case.

Cooperatin­g witnesses “don’t have the ability to pick and choose the areas of potential criminal conduct they want to disclose to prosecutor­s,” he said.“What Michael Cohen attempted to do here is to have it both ways.”

Mueller, in his separate sentencing recommenda­tion, said Cohen committed a serious crime by lying to Congress about plans to build a Trump Tower in Moscow.

Cohen cooperated with Mueller’s Russia investigat­ion and pleaded guilty to the lies late last month.

Mueller’s team recommende­d that any prison term Pauley might impose be served concurrent­ly with any sentence the judge orders for the case brought by the New York federal prosecutor­s.

 ?? RICHARD DREW/AP ?? Michael Cohen faces sentencing Wednesday.
RICHARD DREW/AP Michael Cohen faces sentencing Wednesday.

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