Legal professionals usually pay a type of “hush cash” usually referred to as “settlement proceeds” to resolve authorized disputes. The “hush” a part of the transaction is assured by confidentiality and nondisclosure agreements, sealing the lips of all events to the transaction. Such agreements are significantly widespread when high-profile company executives and politicians are accused of sexual harassment, sexual abuse or other forms of embarrassing conduct (like adultery with a porn star, as an example).
What’s uncommon right here is that the beneficiary of Stormy Daniels’ $130,000 confidentiality settlement shouldn’t be Mr. Cohen, the person footing the invoice, however Donald Trump. Since assuming the position of “private counsel,” Cohen has been described as one among Trump’s “pit bulls” — the results of his tendency to threaten and file lawsuits each time he, the Trump Group or Mr. Trump himself are critically attacked or maligned.
The wording of the implausible story Cohen provided in his assertion leaves him a few escape hatches from the sticky state of affairs of being the uncompensated cash man. Denying reimbursement from the “Trump Group” or the “Trump marketing campaign” nonetheless leaves open the potential for reimbursement, now or sooner or later, from President Trump personally or from Trump’s household, buddies or supporters.
Ought to these different types of reimbursement happen, this might create a authorized drawback for Cohen — if he informed federal investigators that no such promise of recompense had been made. Assuming, for the time being, that the Cohen cost to Ms. Clifford was completely private, made gratuitously in honor of his idol Mr. Trump, then the cost might be completely authorized.
Mendacity to federal investigators, nonetheless, may lead to severe prison costs underneath federal legislation, equivalent to making false statements and even perjury. However, mendacity to the press shouldn’t be solely completely authorized, however currently has risen to an artwork type in American presidential politics. The John Edwards case established the precedent that private items and funds motivated by friendship quite than an try to guarantee a candidate’s election needn’t be reported.
If Cohen needs to remodel himself from pit bull to sugar daddy, the legislation will allow it, technically talking. He ought to bear in mind, although, that even the generosity of Bebe Rebozo by no means saved Richard Nixon from resignation and shame. And John Edwards’ presidential marketing campaign crashed and burned. Cohen’s buy of Stormy Daniels’ silence won’t erase the general public’s already ingrained notion of the President’s alleged liaison together with her. Hush cash can buy silence however, no matter who pays it, it doesn’t erase anybody’s reminiscence.