News: Cohen’s lawyer dishes on the N.Y. Trump investigation

Friday, March 24, 2023

Cohen’s lawyer dishes on the N.Y. Trump investigation

Mar 24, 2023

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By Ryan Lizza, Eugene Daniels and Rachael Bade

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With help from Eli Okun and Garrett Ross

Michael Cohen's attorney, Lanny Davis, walks out of an office on Capitol Hill.

Lanny Davis and Michael Cohen spent Wednesday on call in case DA Alvin Bragg needed Cohen to rebut the testimony of last-minute witness Robert Costello. | Susan Walsh/AP Photo

Listen to this week's Deep Dive

DRIVING THE DAY

BREAKING OVERNIGHT — “Suspected Iran drone kills US worker in Syria; US retaliates,” by AP’s Lou Kesten and Jon Gambrell: “A strike Thursday by a suspected Iranian-made drone killed a U.S. contractor and wounded five American troops and another contractor … American forces said they retaliated soon after with ‘precision airstrikes’ in Syria targeting facilities used by groups affiliated with Iran’s Revolutionary Guard, with one activist group reporting the U.S. strikes killed fighters on the ground.”

NEW TRUMP THREAT — Late last night, DONALD TRUMP escalated his rhetoric against Manhattan DA ALVIN BRAGG and issued a dire warning about the consequences of an indictment, predicting “potential death & destruction” that “could be catastrophic for our Country” if he is charged with a crime in the STORMY DANIELS hush money case.

Trump added that “[o]nly a degenerate psychopath that truely [sic] hates the USA” would indict him.

THE PLAYBOOK INTERVIEW: LANNY DAVIS — On Thursday morning, as the grand jury in New York met — reportedly on a different matter — we visited the Washington offices of Lanny Davis, MICHAEL COHEN’s attorney and spokesperson. Davis had just returned from Manhattan, where he and Cohen spent Wednesday on call in case Bragg needed Cohen to rebut the testimony of ROBERT COSTELLO, a last-minute witness who attempted to impeach Cohen’s credibility. (Cohen was not called upon to respond.)

You can listen to the full interview with Davis on the latest episode of the “Playbook Deep Dive” podcast. Here are some highlights:

— Davis on how he triggered the Manhattan DA to investigate the hush money case:

“CYRUS VANCE, SR., was the secretary of state under JIMMY CARTER — I’m showing my age now. … I was in my twenties when President Carter was elected. And I got to know Mr. Vance. So his son, being the DA of [Manhattan], I called after Michael was sent to prison. … And I thought … the evidence of financial fraud was on the record in the [congressional] hearings and that Vance's office should interview Michael. And they came to Otisville [the prison where Cohen was serving]. … They did manage to get a visit, and then two and then three separate visits at the beginning. … And that’s how it began.”

— On why the first session “did not go very well”: “Michael was angry because he had been, I think, mistreated by law enforcement in the Southern District, and prosecuted. … But he didn't have trust for the DA either, because they're all part of the same system that he thought had treated him unjustly. … And he articulated that to the gentleman and the lady from the DA’s office. … [He said,] ‘Why am I talking to you? What's in it for me?’ …

“I think to the credit of the Manhattan D.A., they understood the pain that Michael was going through. This was not a normal human emotional situation. He was in pain. He was worried about his family. And whatever he was saying to them that might have offended them in certain circumstances, they got past that. … [T]hey came back, and the next two sessions were very productive. And then it led to an open investigation.”

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— On the strength of the case Alvin Bragg is likely to bring against Trump: “[L]et me put it to you this way: Suppose the jury finds, as a matter of fact … [that Trump] directed Michael to do the crime. Michael went to prison. How come [Trump’s] any different? Suppose the jury finds that. And then not only that — while he’s a sitting president of the United States, he’s writing reimbursement checks!

“I won't mention the name of the former president I worked for. [Ed. note: It was BILL CLINTON.] But can you imagine if … he had written personal checks as part of that controversy? Can you imagine if I had personal checks out of a checking account of a sitting president that reimburses a hush money scheme, and then I used a legal argument to say why he should get off: because New York state law doesn't apply to federal law? Good luck!

“If it’s dismissed as a matter of law, as far as I’m concerned, that’s fine. That’s what lawyers do. As a matter of fact, I’ll go with the Southern District of New York prosecutors who made a finding of fact that Donald Trump directed a crime, and Michael Cohen did the time. And they said that [the crime that Cohen committed] is a core danger to our democratic system — the integrity of our elections … Well, then it’s a serious offense for the person directing him to commit the crime.”

— On how he’ll feel if Bragg doesn’t indict Trump: “I’ll be disappointed. But I will grant him a good-faith judgment. And judgments can always be disagreed with, but I'll be disappointed for sure.”

— CNN: “Trump hush money probe goes quiet after chaotic week”

Happy Friday. Thanks for reading Playbook. Drop us a line with your favorite Lanny Davis stories: Rachael Bade, Eugene Daniels, Ryan Lizza.

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TIKTOK ON THE CLOCK — In the wake of yesterday’s brutal House Energy and Commerce hearing, TikTok’s legal future in the U.S. remains uncertain, with increased chatter about a ban or forced sale. The “combative hearing signaled that TikTok has reaped few rewards from months of efforts to charm Washington,” WaPo’s Cat Zakrzewski and Jeff Stein report.

Though the hearing was seen as a beat-down in Washington, the tech world and universe of TikTok users were less impressed with the committee members, Mohar Chatterjee reports. Those viewers found the lawmakers old, out of touch, xenophobic and/or grandstanding.

Fun read: “TikTok Stars Go On a D.C. Field Trip,” by NYT’s Madison Malone Kircher: “ByteDance, the company that owns TikTok, flew the creators (and their plus-ones) first class to Washington and put them up in a high-end hotel for the week.”

TALK OF THIS TOWN — “After Lafayette Square, Mark Milley Set Out to Restore His Reputation. Has He Succeeded Too Much?” by Michael Schaffer

THE FRIDAY READ — “The Culture War Bromance of Ron DeSantis and Chris Rufo,” by POLITICO Magazine’s Michael Kruse in Sarasota, Fla.: CHRISTOPHER “RUFO is the latest iteration of a certain sort of person in the [RON] DeSANTIS orbit and operation — sicced at the governor’s behest to pick a point-scoring fight that generates headlines and left-of-center outrage while simultaneously riling and feeding the most vociferous groups of the GOP’s red-meat wings. … Part mercenary and part emissary, a mix of a think-tank wonk and a social-media troll, Rufo for the last year and a half has been a main source and surrogate for what DeSantis has sought to make his signature.”

BIDEN’S FRIDAY:

9 a.m.: The president will receive the President’s Daily Brief.

11:10 a.m.: Biden will take part in an official welcome ceremony and book signing at Parliament Hill in Ottawa, Canada.

11:30 a.m.: Biden will have a bilateral meeting with Canadian PM JUSTIN TRUDEAU, followed by an expanded bilateral meeting at 11:45 a.m.

2 p.m.: Biden will address the Canadian Parliament, with first lady JILL BIDEN attending.

3:45 p.m.: Biden and Trudeau will hold a joint press conference at the Sir John A. Macdonald Building.

6:15 p.m.: The Bidens will arrive for a gala dinner hosted by the Trudeaus at 6:30 p.m. at the Canadian Aviation and Space Museum.

9:25 p.m.: The Bidens will leave Ottawa for New Castle, Del., arriving at 10:40 p.m.

VP KAMALA HARRIS’ FRIDAY — The VP will swear in ERIC GARCETTI as U.S. ambassador to India at 1 p.m., with second gentleman DOUG EMHOFF attending.

THE HOUSE will meet at 9 a.m. to resume consideration of the Parents Bill of Rights Act, with last votes expected no later than 3 p.m. USTR KATHERINE TAI will testify before the Ways and Means Committee at 9 a.m. Minority Leader HAKEEM JEFFRIES will hold his weekly press conference at 11 a.m.

THE SENATE is out.

We’re spilling the tea (and drinking tons of it in our newsroom) in U.K. politics with our latest newsletter, London Playbook PM. Get to know all the movers and shakers in Westminster and never miss a beat of British politics with a free subscription. Don’t miss out, we’ve got some exciting moves coming. Sign up today.

PHOTO OF THE DAY

Philippe Petit, the French high wire artist, performs during his show

Philippe Petit, the French high wire artist, performs during his show "Wonder on the Wire" at the National Building Museum on Thursday, March 23, in Washington, D.C. | Kevin Dietsch/Getty Images

PLAYBOOK READS

TRUMP CARDS

THE OTHER INVESTIGATIONS — Even as he faces indictment in Manhattan, Trump has to watch his back on the federal classified documents investigation. The recent courtroom fight over EVAN CORCORAN’s testimony “indicate[s] that prosecutors have continued to build a case and that the inquiry remains a serious threat to Mr. Trump,” per the NYT. Corcoran will testify again today, and the Times reports that he doesn’t plan to plead the Fifth. The feds also want to talk to Trump lawyer JENNIFER LITTLE in the probe.

The latest revelation: Trump lawyer TIMOTHY PARLATORE testified before a grand jury in December in the documents probe, ABC’s Katherine Faulders and Alex Mallin scooped. That came shortly after he told authorities that Trump’s team had just found four more documents with classified markings.

Meanwhile, in the federal Jan. 6 investigation, a judge heard arguments yesterday over whether special counsel JACK SMITH can force former VP MIKE PENCE to testify, CBS’ Robert Costa and Robert Legare report.

MORE POLITICS

ALMOST HEAVEN — Senate Republicans think they’re close to landing perhaps their No. 1 recruit of the cycle: West Virginia Gov. JIM JUSTICE to run for Democratic Sen. JOE MANCHIN’s seat, Burgess Everett and Ally Mutnick report. Polling has indicated Justice would be the toughest Republican for Manchin to beat (if he runs for reelection). The timing is fluid, but Justice “is dropping hints everywhere” and texting with Senate Minority Leader MITCH McCONNELL.

THE NEW GOP — “Conspiracies and a Holocaust meme mark the dawn of Karamo’s Michigan Republican Party,” by MLive’s Simon Schuster: “[W]hat worries [new state GOP Chair KRISTINA KARAMO] most about a Michigan under Democratic control? ‘I have a deep concern with the encroachment of the World Economic Forum,’ she says. … She’s convinced Michigan is playing a starring role in the ‘Great Reset’ conspiracy theory, which posits the international nonprofit used the Covid-19 pandemic to establish one world government.”

2024 WATCH

FIRST IN PLAYBOOK: HALEY RETURNING TO IOWA — Former South Carolina Gov. and 2024 hopeful NIKKI HALEY is returning to the Hawkeye State for the third time in recent weeks. By mid-April, she will have hosted 16 events there — the kind of in-person, retail politicking that oft helps candidates in the first-in-the-nation voting state. It also follows a week in New Hampshire, where Haley will complete her second swing since launching her campaign.

Here’s a first look at Haley’s April schedule:

April 10, Sioux City: Meeting with a group of local GOP women, and a town hall with Rep. RANDY FEENSTRA
April 11, Denison: Meet and greet with local GOP members and Feenstra
April 11, Storm Lake: Meeting with local pork producers and farmers with Feenstra
April 11, Fort Dodge: Republican Party of Iowa event with Feenstra
April 12, Des Moines: Haley for President event

DeSANTIS DUST-UP — “Ron DeSantis’ Book Tour Looks Like ‘Amateur Hour,’” by The Daily Beast’s Jake Lahut, Zachary Petrizzo and Roger Sollenberger: “In the first staffing shakeup for what’s widely seen as a pre-presidential campaign, the DeSantis road show lost a critical wheel this week when the operation’s top event coordinator pulled out of its contract … Republican observers say that from what they’ve seen, the operation appears to be ‘out over its skis.’”

WORTH A THOUSAND WORDS — “Trump to GOP firms: Stop using my image or your clients will suffer,” by Alex Isenstadt

THE WHITE HOUSE

OH CANADA — As Biden meets with Trudeau in Canada, the two countries have reached a deal on immigration that will give each side the ability to send back asylum-seekers who illegally crossed the border, the L.A. Times’ Hamed Aleaziz and Erin Logan scooped from Ottawa.

At the same time, Reuters’ Ted Hesson and Jose Luis Gonzalez scooped that in a deterrence effort, the U.S. has taken roughly 100 migrants caught trying to illegally enter via the Canadian border, and flown them to Texas.

Among the other issues Biden and Trudeau will try to hash out are the NORAD early-warning system, which the U.S. wants Canada to improve after the Chinese spy balloon incident, and Haiti, where the U.S. wants Canada to lead a transnational force, NBC’s Peter Nicholas previews. More from Ottawa Playbook

JUDICIARY SQUARE

WHAT WOULD HAVE BEEN HUGE NEWS IN 2021 — “Court blocks COVID-19 vaccine mandate for U.S. gov’t workers,” by AP’s Kevin McGill in New Orleans

INTERESTING ABORTION ANGLE — “Erin Morrow Hawley Is Leading the Charge to Ban Abortion Medication. She’s Also Josh Hawley’s Wife,” by Vanity Fair’s Abigail Tracy

CONGRESS

ON THE HOUSE GOP AGENDA, PART I — As House Republicans gear up to make an opening gambit in debt ceiling talks, the idea of proposing new policies — not just cuts — is gaining steam, Sarah Ferris and Jordain Carney report. Leading the pack: energy permitting reform, which enjoys support across the House GOP’s “five families” of ideological factions. Speaker KEVIN McCARTHY hasn’t commented on the idea publicly, and there are other policies in the mix too, but some in his inner circle consider permitting reform a “real possibility.”

ON THE HOUSE GOP AGENDA, PART II — “The fight over parental rights in schools comes to the House floor,” by WaPo’s Marianna Sotomayor, Hannah Natanson and Jacqueline Alemany: “House Republicans are set to pass a bill Friday that would guarantee parents access to information about their children’s public education … While the House bill does not directly mention banning anything regarding race, racism, sexuality or gender identity, it remains an implicit argument for Republicans.”

COMPLICATING THE HOUSE GOP AGENDA — “House GOP infighting is threatening their ability to get bills out the door,” by Sarah Ferris and Olivia Beavers

GRAHAM CRACK — “Ethics Committee admonishes Graham for fundraising in Senate building,” by Roll Call’s Niels Lesniewski: “During a Fox News interview in the Russell Building on Nov. 30, ahead of the Georgia Senate runoff election, the South Carolina Republican senator [LINDSEY GRAHAM] was making direct fundraising appeals for [HERSCHEL] WALKER.”

JAN. 6 AND ITS AFTERMATH

WHO HAS McCARTHY’s EAR — “Kevin McCarthy met Ashli Babbitt’s mom ahead of GOP visit with Jan. 6 prisoners,” by NBC’s Ryan Reilly, Ryan Nobles and Liz Brown-Kaiser

THE OTHER JAN. 6 REPORT — Rep. BARRY LOUDERMILK (R-Ga.) plans to release initial findings from the House GOP’s Jan. 6 investigation Tuesday, Jordain Carney reports.

POLICY CORNER

UP IN THE AIR — “Pentagon Probes Why Boeing Staff Worked on Air Force One Planes Without Security Credentials,” by WSJ’s Andrew Tangel

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AMERICA AND THE WORLD

THE U.S. LEFT OUT AGAIN? — “Saudi Arabia, Syria Close to Resuming Ties in Russia-Brokered Talks,” by WSJ’s Summer Said, Benoit Faucon and Michael Amon: “Following the Chinese-brokered deal between Saudi Arabia and Iran on resuming ties this month, the emerging Damascus-Riyadh rapprochement, if it sticks, would leave the U.S. on the sidelines again on another major Middle East development.”

CHINA FILES — “U.S. Due Diligence Firm Says China Detained Its Employees,” by NYT’s Keith Bradsher: “It was unclear what the authorities’ objectives were in investigating the company, and the government did not respond to a request for comment. But the move highlighted the potential risks that firms involved in due diligence face in China as XI JINPING, the country’s top leader, has repeatedly called for a greater emphasis on security and has tightened the ruling Communist Party’s grip on information.”

Related Read: “U.S. Executives Will Keep Low Profile at China Forum Amid Tensions,” by WSJ’s Lingling Wei

THE ECONOMY

INFLATION NATION — “Republicans Say Spending Is Fueling Inflation. The Fed Chair Disagrees,” by NYT’s Jim Tankersley

BEYOND THE BELTWAY

DeSANTIS’ POLICY POSITIONING — As DeSantis prepares to steamroll through Tallahassee with an ambitious red-meat policy agenda, the Republican statehouse gave him his first big win of the session yesterday, passing a bill to cut down on lawsuits, Gary Fineout reports. It’s a victory for insurance companies, which could face fewer suits, and a loss for trial attorneys (a big source of Democratic donations) in what’s expected to be the first of many policy triumphs for DeSantis ahead of a presidential run.

One major focus will be immigration, as DeSantis looks to impose sweeping crackdowns on migrants. It’s a striking reversal from Florida Republicans less than a decade ago, when then-Gov. RICK SCOTT opened more opportunities to undocumented immigrants, the Tallahassee Democrat’s John Kennedy writes. Now, DeSantis wants to undo Scott’s move that gave in-state college tuition to Dreamers. (Notably, Scott says he stands by his policy, and that changing it would be “unfair and cruel.”)

But, but, but: Some of DeSantis’ agenda items could cost him nationally Reuters’ Jason Lange and Gram Slattery warn. Citing a new Reuters/Ipsos poll, they report that DeSantis’ positions on abortion and guns, in particular, are broadly unpopular and could turn off moderates and independents (though might help in the primary). On the flip side, his anti-transgender positions are more widely supported. Worth noting: Several parents and trans kids filed suit yesterday over Florida’s new ban on transition-related medical care for minors, the Tampa Bay Times’ Sam Ogozalek reports.

ONE TO WATCH — “Utah first state to pass social media regulations aimed at protecting minors,” by The Salt Lake Tribune’s Bryan Schott

MEDIAWATCH

SAD DAY ON THE AIRWAVES — “NPR cancels 4 podcasts amid major layoffs,” by NPR’s David Folkenflik and Mary Yang

VALLEY TALK

ANYTHING GOES — Twitter announced that it will start to remove legacy verified checkmarks for accounts that haven’t purchased Twitter Blue on April 1, potentially paving the way for much more confusion about official accounts and sources of information on the platform.

TV TONIGHT — PBS’ “Washington Week,” guest-moderated by Laura Barrón-López: Devlin Barrett, Heather Caygle, Eugene Daniels and Hans Nichols.

SUNDAY SO FAR …

NBC “Meet the Press”: Joe Tacopina … Preet Bharara. Panel: Yamiche Alcindor, Cornell Belcher, Peggy Noonan and Jake Sherman.

CNN “State of the Union”: Rep. James Comer (R-Ky.) … Sen. Mark Warner (D-Va.). Panel: Rep. Jared Moskowitz (D-Fla.), Kristen Soltis Anderson, Karen Finney and Scott Jennings.

CBS “Face the Nation”: Sen. Mark Warner (D-Va.) … Neel Kashkari.

FOX “Fox News Sunday”: Rep. Michael McCaul (R-Texas) … TobyMac. Panel: Brit Hume, Trey Gowdy and Jonathan Turley. Panel: Annmarie Hordern, Lis Smith, Guy Benson and Vince Coglianese.

MSNBC “The Sunday Show”: Rep. Gregory Meeks (D-N.Y.) … Jonathan Greenblatt … David Hogg … Gloria Avent-Kindred.

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PLAYBOOKERS

Tina Smith, for one, likes Jell-O, and Kyrsten Sinema is still laughing.

Steny Hoyer wants his magic minute back.

John Fetterman plans to come back to the Senate “soon,” but it will still be at least a week.

Barack Obama and Joe Biden surprised some Obamacare recipients together.

Tim Burchett and Alexandria Ocasio-Cortez enjoyed National Puppy Day.

Al Franken showed off his impressions of former Senate colleagues Bernie Sanders, Mitch McConnell, Chuck Schumer and Susan Collins.

OUT AND ABOUT — The Obama Foundation hosted an alumni happy hour last night, at which Valerie Jarrett spoke to mark the anniversary of the Affordable Care Act. SPOTTED: Broderick Johnson, Michael Strautmanis, Richard Cesar, Jason Green, Kumar Garg, Paulette Aniskoff, Jamie Citron, Crystal Carson, Kimberly Brown, Seema Gajwani, Arianna Zapanta and Oluseun Onigbinde.

FIRST IN PLAYBOOK — Isabella Ulloa is now chief of staff at Clear. She most recently was deputy chief of staff at DHS.

TRANSITIONS — Stephanie Young is leaving her role as executive director of When We All Vote and senior adviser to Civic Nation. Laura Miller will be interim executive director as When We All Vote conducts a national search for its next leader. … Kasey O’Connor is now director of government and regulatory affairs at Cognizant. She most recently was chief of staff to Equal Employment Opportunity Commissioner Andrea Lucas, and is a Ron DeSantis and Commerce alum. …

… Katie Wertheimer is now press secretary at Everytown For Gun Safety. She previously was comms director for Tina Kotek’s Oregon gubernatorial campaign. … Tucker Dietric is now a managing director at ABI Associates. He most recently was deputy finance director for Maine Gov. Janet Mills’ reelect. … Katherine Lehr is now COO of Narrative. She most recently was co-founder of Old Town Media, where she continues as a partner but is stepping away from her day-to-day responsibilities, and is a POLITICO alum.

WELCOME TO THE WORLD — James Fleischmann, VP at Wheat Shroyer Government Relations, and Ashley Fleischmann, medical compliance specialist at the University of Miami Health System, welcomed Elizabeth “Lily” Mae Fleischmann on March 9. She’s the second grandchild and first granddaughter of Rep. Chuck Fleischmann (R-Tenn.).

HAPPY BIRTHDAY: Sen. Mike Braun (R-Ind.) … Su-Lin Nichols … Matt Gorman of Targeted Victory … Ted Chiodo … CNN’s Donie O’Sullivan … Eugene Kang … Chandler Goule of the National Wheat Growers Association … Rod O’Connor … Evan Feinberg of Stand Together … Robert Hoffman … NBC’s Dareh Gregorian … Molly Wilkinson of American Airlines … Sarah Gilmore of Retail Industry Leaders Association … Vu Ritchie of Arkansas Gov. Sarah Huckabee Sanders’ office … former Reps. Steve Stivers (R-Ohio) and Ann Kirkpatrick (D-Ariz.) … Aharon Friedman … Navy JAG Hannah Sherman … Staci Maiers … Bloomberg’s Aaron Rutkoff … Jeanette Manfra … Kirami Bah of New Heights Communications … Bob Crowe … Erin Murphy of the Center for Strategic and International Studies … Elise Sidamon-Eristoff … Fred Menachem of ThriveDx

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