
It’s worth emphasizing here, though, that the White House still hasn’t weighed in. And maybe Cohen and Schwartz have decided the NDA is now a lost cause and have decided to just let it die and try to save Trump. That seemed to be its overarching strategy, even as it seems to have utterly failed now. Perhaps the White House simply wanted to keep quiet and hope that this whole thing would go away. Trump’s alleged failure to use condoms with Stormy Daniels, Karen McDougal raises questions, concerns “They could, I suppose, claim that they had broad authority to commit him without specific approval, but the agreement does not suggest that at all.” “If true, that opens up Cohen and anyone else involved in soliciting the agreement to fraud charges because the agreement certainly purports to make commitments, beyond the money, that only Trump could make,” Super said. The contract appears to bind DD and grant him rights.”ĭavid Super, a law professor at Georgetown University, said Schwartz’s admission was “amazing.” Cohen could argue that when the contact lists various rights and responsibilities for ‘DD,’ it really means the LLC, but I doubt a judge would buy that. He added: “The rest of the contact talks about DD as if he is the other party to the contracts. “The contact binds ‘DD’ (Trump) in many ways and grants enforcement remedies solely to Trump,” Mariotti said. Schwartz argued on CNN that that agreement would still be valid because Trump was merely a third-party beneficiary, but some experts are dubious.įormer federal prosecutor Renato Mariotti said there “was no deal without knowledge or consent.” Part of the reason could be that it might undermine the nondisclosure agreement Daniels signed. And the White House has repeatedly brushed aside this question. If that’s true and what Schwartz is saying is true, that would seem to be what happened here.īut whether that’s true or whether this is a blanket denial, why wait all this time to deny Trump was involved? Cohen’s initial statement on all of this ruled out possible involvement from the Trump Organization and the 2016 campaign, but it conspicuously didn’t address Trump personally. The Wall Street Journal has reported that Cohen at one point groused to others that Trump hadn’t reimbursed him for the payment. If Trump trusted Cohen implicitly, maybe he authorized him to cut these deals and bill Trump later – no questions asked – so Trump could retain plausible deniability. Schwartz goes on to describe Cohen’s role as more than Trump’s lawyer and friend, but as a “fixer” – which suggests he was deputized to handle things like this without Trump being involved. If I were to attempt to poke a hole in it, I’d say it doesn’t quite foreclose the possibility that Trump eventually paid for the arrangement, even if he wasn’t aware of it. He chose to bind the LLC – LLC, and Stormy Daniels into the contract.

SCHWARTZ: So, you asked about 12 days before –īURNETT: Not aware of the agreement.
