April 19, 2018

CNN's New Day featured a discussion of Jay Goldberg, Trump's divorce attorney, warning him that Michael Cohen would flip and testify against him. Chris Cuomo seemed to find this hysterical.

"All right, kids. It's time to put on the thinking caps, okay?" Cuomo said.

"Here's what happened. One of the president's long-time legal advisers warns President Trump that Michael Cohen could flip on him as he is facing potential jail time in a criminal investigation. That is very, very early on in an analysis. We haven't had any charges. There is no indictment against Michael Cohen. However, let's discuss. Help us understand this situation."

"For some reason, he said the president called him for advice. I don't know what he was asking for advice on. but somehow in that conversation he wound up discussing Michael Cohen and his possibility of flipping. 'Nobody who is facing 30 years stands up.' We don't know that Michael Cohen is facing that."

"The point is, he (Goldberg) is a lawyer. The president apparently asked him or he offered whether Cohen can flip. and he used the lens of someone is being confronted with 30 years in prison, they will flip. but the president has the power to pardon," Cuomo, who is also a lawyer, said.

And because he's a lawyer, he should remember Cohen is under investigation in the Southern District of New York, and Trump can't pardon him for state crimes. But do go on, Chris!

(CORRECTION: I was wrong! Mea culpa! Thanks for pointing that out! But let's not forget: A pardon removes 5th Amendment privilege, and now you have to testify.)

He talked about how devoted Cohen is to Trump, and said it would be surprising -- and again incorrectly pointed out the president has the power to pardon.

I'll reiterate. 1) his entire premise is wrong. Trump can't pardon state crimes.
2) I've been following mob trials my entire adult life. There's always someone who turns, and it's usually a young guy with a family. Plus, Omerta ain't what it used to be.
3) Cohen is facing time in state prison, not federal. State prisons are not country clubs, and he won't be spending time doing crafts with white collar criminals. He's screwed, and he's got to know that.

So Chris can sit there and laugh, but I predict Eric Schneiderman will get the last laugh.

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