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Back to All the Presidents' Lawyers

All the Presidents' Lawyers

Hushing the hush payments

Remember the hush money payments? Josh Barro and Ken White talk about the FEC’s lack of interest, Rudy as a witness, and more

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By Josh Barro • May 12, 2021 • 33m Listen

Do you remember Essential Consultants, LLC? Michael Cohen’s company established to make hush payments to Stephanie Clifford (a.k.a. Stormy Daniels) and Karen MacDougal to stop them from publicly disclosing their affairs with Donald Trump before the 2016 election. Michael Cohen ultimately pleaded guilty to making an excessive campaign contribution, but nobody else faced legal consequences for the concealed payment. And now the FEC has dropped its investigation into the matter, citing prosecutorial discretion. What does that mean? Why? Is this the end of the road?

Plus: would Giuliani flip on Trump and would Ken want him as a witness? Can Trump use campaign funds to pay Rudy’s legal fees? Is “Foxitus” a legal defense? And: more reasons why being in lock-up is horrible and dangerous (but not a reasons judges are sympathetic to when considering pretrial detention) and FOIA-ing for information about Champ and Major Biden, the First Dogs.

  • https://images.ctfassets.net/2658fe8gbo8o/AvYox6VuEgcxpd20Xo9d3/769bca4fbf97bf022190f4813812c1e2/new-default.jpg?h=250

    Josh Barro

    Former host of Left, Right & Center

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    Ken White

    Brown, White & Osborn / Popehat

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    Sara Fay

    Former producer of Left, Right and Center

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