Published: Thu, July 26, 2018
Global | By Craig Ferguson

The Secret Trump-Cohen Recording Has Leaked

The Secret Trump-Cohen Recording Has Leaked

In the secretly recorded audiotape from two months before the 2016 election - which was provided to CNN by Cohen's lawyer Lanny Davis - Cohen and Trump apparently discuss buying the rights to a Playboy model's story claiming an affair with Trump.

Trump has previously denied knowledge of the $130,000 payment to Daniels that was facilitated by Cohen.

Trump has denied the affair and his legal team says the transaction never occurred.

The tape involves Karen McDougal, a former Playboy model who says she had a months-long fling with Trump after they met in 2006. "I need to open up a company for the transfer of all of that info regarding our friend, David", who CNN suggests is a reference to David Pecker, the head of America Media, which publishes "National Enquirer".

If Trump's lawyers really did waive privilege on the Cohen/McDougal recording so that Giuliani could spin it to the press, it was, in my view, a blunder. The prosecutors for the Southern District of NY said at the time that special counsel Robert Mueller's office had referred a case about Cohen's business dealings to their office and had not been involved since.

Cuomo noted that Trump's legal team is disputing that is what is being said, telling Davis that they believe Trump is saying Trump said "Don't pay with cash".

Davis, like Cohen himself, said the former Trump attorney is speaking out now because he's exhausted of being "disparaged" by the president and those close to him.

Trump is right. It wasn't illegal or necessarily improper for Cohen to tape a conversation with his client, but to release that tape to CNN was a shocking violation of his duty to preserve client confidences under the New York Lawyer's Code of Professional Responsibility, DR 4-101. Trump then asks Cohen, "What financing?" The audio is muffled but Trump can be heard saying to "pay with cash", and Cohen says, "no, no".

President Trump's lawyer Rudy Giuliani claimed that that the payment was ultimately never made.

The recording was one of 12 seized by federal agents in raids on his office, residence and a hotel room.

"They're discussing a conspiracy to repay a tabloid owner for buying and spiking a story by the candidate's mistress".

Trump then turns his attention to Cohen, his longtime friend and attorney. The 2016 recording was played on-air tonight during. This tape, however, tells a different story, while also appearing to present evidence that Trump and Cohen were involved in a fraud.

"I did it on my own", Mr. Cohen said, "people familiar with the matter" told the Journal about the conversation, which took place after the Journal reported in January 2018 that Mr. Cohen had paid the adult-film star in a non-disclosure agreement.

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