Tales of two Michaels

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Former U.S. national security adviser Michael Flynn passes by members of the media as he departs after his sentencing was delayed at U.S. District Court in Washington, U.S., December 18, 2018. Photo credit: Joshua Roberts/Reuters.

So, it looks like Michael Cohen won’t be getting out of prison because of the coronavirus epidemic. Is this because of the tell-all book he’s apparently writing, or is Cohen caught up in a Bureau of Prison policy change, like many other federal inmates? Well, and about that book: President Trump’s attorney Charles Harder sent Cohen a cease-and-desist letter, reminding him of a non-disclosure agreement he says Cohen signed. But an NDA probably can’t prevent the book from being published. The bigger issue, Ken White says, is Cohen’s attorney-client obligations to President Trump. Ethical obligations generally don’t allow lawyers (former or otherwise) to spill their clients’ secrets for money. You bet the president might sue him for that, and if that happens, it could get ugly for both of them and others.

Ok and Michael Flynn: is there any way Michael Flynn was entrapped by federal prosecutors leading to his indictment and guilty plea (and then, you know, all the flip-flopping that’s happened since)? Ken says, uh, no. Prosecutors just used a fairly common tactic. It’s a fair criticism that the tactic isn’t just or fair, but it is legal.

Plus: more letters from Charles Harder, Stormy Daniels, and no, Devin Nunes, it’s still not RICO.



Sara Fay