The Manhattan prosecutors’ meeting with Michael D. Cohen could presage a flurry of activity as the district attorney’s investigation into the former president is revitalized.
The Manhattan district attorney’s office on Tuesday took a significant step forward in its investigation of Donald J. Trump, meeting with his former personal lawyer about hush money paid to a porn star who said she had an affair with Mr. Trump, according to people with knowledge of the matter.
The questioning of the lawyer, Michael D. Cohen, offered the clearest sign yet that the district attorney’s office was ramping up its investigation into Mr. Trump’s role in the $130,000 hush money deal. Mr. Cohen has said publicly that Mr. Trump directed him, in the final days of the 2016 presidential campaign, to buy the silence of Stephanie Clifford, the actress known as Stormy Daniels.
While the hush money was an impetus for the district attorney’s investigation, which began in 2018, prosecutors had shifted in recent years to a broader examination of Mr. Trump’s business practices. In recent months, however, the prosecutors returned to the payments, seeking to breathe new life into the investigation, The New York Times reported in November.
There is no indication that prosecutors are close to making a decision about whether to seek charges against the former president, but the interview of Mr. Cohen could portend a flurry of investigative steps.
Keith Davidson, the lawyer who represented Ms. Clifford and helped arrange the deal, was also contacted by the Manhattan prosecutors in recent weeks, but has not been interviewed, a person with knowledge of the matter said. And Mr. Cohen is expected to return for additional meetings in the coming weeks.
In a brief interview after the meeting, Mr. Cohen credited the district attorney, Alvin L. Bragg, with assembling a group of prosecutors who had a “depth of knowledge of the case.” He added, “I don’t believe they would have called me in at this stage if this was merely for show.”
He said he could not reveal the focus of the interview, citing a request from prosecutors not to discuss the investigation.
Mr. Cohen’s lawyer, Lanny J. Davis, declined to discuss the questions asked by the prosecutors during the two-hour meeting but said, “I was impressed with the seriousness of their investigation and the professionalism of the prosecutors in the room.”
A lawyer for Mr. Trump did not immediately respond to a request for comment.
The meeting, first reported by CNN, came a week after Mr. Trump’s longtime chief financial officer, Allen H. Weisselberg, was sentenced to five months in the Rikers Island jail complex for orchestrating a tax fraud scheme at the Trump Organization. Mr. Weisselberg had pleaded guilty and testified against the Trump Organization last year, helping Mr. Bragg’s office secure the company’s conviction in the tax case. Last week, a judge imposed a $1.6 million criminal penalty on the company, the maximum punishment under the law.
Mr. Trump was not accused of wrongdoing in the tax case, which was focused on off-the-books perks that the company doled out to Mr. Weisselberg and a few other executives.
But Mr. Weisselberg’s plea — and the company’s conviction — appear to have emboldened Mr. Bragg and his prosecutors in their investigation of Mr. Trump, which seemed to have reached a dead end early in Mr. Bragg’s tenure.
Under his predecessor as district attorney, Cyrus R. Vance Jr., prosecutors were beginning to present evidence to a grand jury about Mr. Trump’s businesses, focusing on whether he lied about the value of his assets to secure loans and other financial benefits. Soon after taking office in January of last year, Mr. Bragg developed concerns about establishing Mr. Trump’s intent to break the law, a key element of proving a case against him.
In February, Mr. Bragg declined to proceed with the grand jury presentation, prompting the resignations of the two senior prosecutors leading the inquiry.
Mr. Bragg said the investigation was continuing, and by late summer, prosecutors had retuned to their original focus: the hush money.
The possibility of charges stemming from the payments had resurfaced within the district attorney’s office with such regularity in recent years that prosecutors came to refer to it as the “zombie theory” — an idea that just wouldn’t die.
After Mr. Cohen helped arrange and made the $130,000 hush money payment, Mr. Trump and his company reimbursed Mr. Cohen, a move that is a potential area of focus for Mr. Bragg’s prosecutors. They are expected to scrutinize whether the company falsely accounted for the reimbursements as a legal expense in violation of a New York law that prohibits the falsifying of business records.
That can be charged as a misdemeanor in New York. To make it a felony, prosecutors would need to show that Mr. Trump falsified the records reflecting the payment to help commit or conceal a second crime. It is possible, legal experts told The Times last year, that a violation of a New York State election law might underpin such a charge.
In 2018, Mr. Cohen pleaded guilty to federal campaign finance charges stemming from his role in the hush money payments. In court and in congressional testimony, he pointed the finger at Mr. Trump, saying the payout was done “in coordination with, and at the direction of” the president, whom federal prosecutors identified in court papers only as “Individual 1.”
After Mr. Cohen’s guilty plea, the federal prosecutors explored whether to charge Mr. Trump or others with violations related to the hush money, but eventually told a federal judge that the U.S. attorney’s office had “effectively concluded its investigation” into who else might have been involved and criminally liable for the same crimes.
Michael Rothfeld contributed reporting.
Source: Elections - nytimes.com
