Trump's Troubles

Turning on Those You Trust is Dangerous

Secret Recordings Come to Light

President Trump’s longtime personal attorney and “fixer,” Michael Cohen, secretly recorded some of his private conversations with Trump. When the FBI searched Cohen’s offices, home and apartment, they seized lots of recordings. Cohen’s attorney recently released one of those recordings and it reveals a conversation between Cohen and Trump where they discussed how to buy and bury a story from a former Playboy Bunny who claims to have had a sexual relationship with Trump before he ran for President, but after he married his current wife, Melania.

Trump long denied knowing anything about efforts to hide the Bunny’s story and Cohen’s lawyer released the recording to counter Trump’s current claims that Cohen should not be believed. Trump badly needed to make Cohen out as a liar because it appeared that he was changing sides and cooperating with prosecutors looking into many of the Trump family enterprises. 

Trump then tweeted about how unusual and illegal it was for Cohen to have recorded their conversations. He asked, “what kind of lawyer records conversations with his client?”

As a former criminal defense lawyer, I can make an educated guess why Cohen would have recorded conversations with Trump. Having represented people with mental health issues, a heavy dose of “I can do no wrong” and a less than firm grip on reality, I can tell you that many with those afflictions will gladly turn on their lawyers when their cases go south. Hoping to save themselves, they try to implicate their lawyers with prosecutors anxious to sweep up criminal activity with a broader net. Defendants caught with the evidence against them try too often to offer up their lawyers in order to avoid a lengthy stay behind bars. When the conduct of the client and the lawyer approaches or crosses legal or ethical lines, it is even easier to tempt prosecutors with the defense lawyer’s scalp. 

Experienced lawyers understand what’s involved in representing prominent, but mentally or morally challenged, clients in high stakes matters. They know that one day the advice they gave may come into question and often seek protection by secretly recording their private confidential conversations where strategies are discussed just in case the client later tries to blame the lawyer for the client’s actions. 

Cohen’s recordings were completely legal where they were made. New York law allows for secret recordings when just one party to the conversations, Cohen in this instance, consents to the recording. Wisconsin has a similar rule. Any ethical duty not to disclose the otherwise confidential contents of the recording vanishes when they are legally revealed to others or when the client later makes claims against the lawyer that can be contradicted by the recording.

Trump’s continued attempts to distract and deflect attention away from his own behavior just makes his situation worse. He will soon pay the dictator’s price for following the old patterns telling supporters that his is the only “truth” and all of the mounting evidence of his duplicity, venality and depravity is nothing more than “fake news.”

In Trump’s unreality world, Cohen just joined the conspiracy of false prophets already populated by the mainstream media, the FBI, Courts, Democrats, Republicans who are beginning to question his actions and the “rogue” special counsel investigating him. 

Republicans facing re-election bids in the upcoming mid-term elections have a tough choice to make. They stand with Trump at their peril. Moderate Republicans who have had enough of Trump are challenging them from the center in primaries and progressive Democrats are winning their elections with impressive numbers running anti-Trump, anti corruption, populist campaigns. If GOP legislators seeking re-election repudiate Trump, the financial support his team control goes away, leaving them swinging in the wind. Recent polling puts Trump’s approval rating at an all time low, making their choice all the more difficult.

Trump’s days are numbered. The chief financial officer of the Trump family businesses who has been at Trump’s side for decades was just subpoenaed by the special counsel to appear before the grand jury investigating allegations of criminal activity. He knows where Trump’s money came from and where it went.  He’s a cagey sort and I would not be surprised to find out he has secret recordings too and a second set of books detailing Trump financial dealings. 

Trump is learning the hard way that trusting people and then stabbing them in the back is dangerous business.