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By Associated Press

WASHINGTON — Michael Cohen’s closed-door testimony before the Senate intelligence committee has been postponed “due to post-surgery medical needs,” his attorney said Monday.

Cohen, President Donald Trump’s former personal lawyer, is under subpoena from the committee and was scheduled to talk to the panel Tuesday. Cohen’s attorney, Lanny Davis, said in a statement that the interview had been postponed for medical reasons. Cohen was recently seen with his arm in a sling. Davis said last month that he had undergone minor shoulder surgery.

This is the third time Cohen has postponed congressional testimony. He pulled out of a public hearing in the House Oversight and Reform Committee that was scheduled for Feb. 7, citing threats from Trump and the president’s attorney-spokesman, Rudy Giuliani. Last week, House Intelligence Committee Chairman Adam Schiff said a closed-door interview with Cohen had been postponed to later in the month “in the interests of the investigation.”

Schiff wouldn’t say if he was talking about his own committee’s investigation or special counsel Robert Mueller’s Russia probe, with which Cohen has cooperated.

Cohen will now talk to the House intelligence panel on Feb. 28. It is unclear if he has scheduled a new date to speak to the Senate investigators, who subpoenaed him to appear. Aides to Senate Intelligence Committee Chairman Richard Burr, R-N.C., and the top Democrat on the panel, Virginia Sen. Mark Warner, declined to comment.

Cohen talked to both committees in 2017 and has since pleaded guilty for lying to them about his role in a Trump business proposal in Moscow. Cohen acknowledged that he misled lawmakers by saying he had abandoned the project in January 2016 when he actually continued pursuing it for months after that.

He’s set to begin a three-year prison sentence in March. He has also pleaded guilty to campaign finance violations for his involvement in payments to a former Playboy model and porn actress who had alleged affairs with Trump. Trump has denied the allegations.

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Trump goes to war for power over Congress

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By Jonathan Allen

WASHINGTON — President Donald Trump is trying to show Congress that he’s boss.

The release last week of special counsel Robert Mueller’s report on Russian interference in the 2016 election and possible obstruction of justice by Trump has unleashed the president’s fury — as evidenced by a steady stream of angry tweets and threats of retribution against adversaries real and perceived — and his willingness to thumb his front tooth at Congress.

The result is an escalating assertion of the presidency as the dominant branch of government in a war over the balance of power. The battle has implications for the rest of Trump’s first term, his re-election bid and the institutional authorities at the heart of American democracy.

There’s even some thought that Trump is now baiting the House to impeach him.

“I think it’s entirely possible he’s pursuing a briar-patch strategy, like bring your impeachment because you will be punished for it — not by me, but by the voters,” said Michael Caputo, a GOP strategist and former Trump adviser.

Increasingly, constitutional experts say Trump is providing evidence to conclude that there are grounds outside Mueller’s findings that he has crossed the Constitution’s loosely defined “high crimes and misdemeanors” threshold for impeachment.

Most recently, for example, Trump has instructed subordinates to deny Congress access to witnesses and documents that House leaders have demanded for their investigations. The Washington Post reported that the White House plans to block a subpoena for former White House counsel Don McGahn to testify by exercising executive privilege, though Trump told the paper in an interview that he had not “made a final, final decision” to do so.

But some longtime analysts of the Washington power balance say Trump’s latest moves are the most contemptuous in a full-scale effort to stretch the bounds of his office.

“Trump is not inventing executive intransigence out of whole cloth,” said Heidi Kitrosser, author of “Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution” and a professor at the University of Minnesota law school. “At the same time, this is not same-old, same-old. He is taking longstanding pathologies in terms of an increasingly imperial executive branch and ratcheting it up many times over.”

In recent months, Trump has declared a national emergency so he could re-appropriate money to build a border wall — a move congressional Democrats and several state attorneys general say is an unconstitutional encroachment on Congress’ spending authority — and his administration has routinely denied lawmakers’ requests for basic information from federal agencies.

It’s not just Congress that has found Trump’s regard for the rule of law wanting; the courts have also weighed in.

In a review of more than five dozen instances in which courts blocked actions by the Trump administration, The Washington Post found a common thread: judges ruling that officials had implemented policies without following the rules.

In his report to Attorney General William Barr, Mueller identified 10 instances in which Trump’s behavior could be viewed as obstruction of justice. While Mueller declined to conclude the president had, in fact, obstructed justice — he said that Justice Department policy precluded him from recommending a prosecution of the president whether or not he believed it was warranted — he also said his report did not exonerate Trump.

Trump’s angry reaction to the release of the redacted Mueller report, his ongoing commentary about witnesses and his demand that the White House fight congressional efforts to interview Mueller’s witnesses has been taken by some critics as fresh evidence that he continues to obstruct justice.

Increasingly, constitutional experts say that Trump’s actions, both within the context of the just-released special counsel report and outside it, represent abuses of office so serious they could rise to the constitutional impeachment standard of “high crimes and misdemeanors.”

“The report’s details add to an existing body of information already in the public domain documenting the president’s violations of his oath, including but not limited to his denigration of the free press, verbal attacks on members of the judiciary, encouragement of law enforcement officers to violate the law, and incessant lying to the American people,” several members of the group Checks and Balances, co-founded by conservative lawyer George Conway, wrote in a statement released Tuesday. “We believe the framers of the Constitution would have viewed the totality of this conduct as evidence of high crimes and misdemeanors.”

In any event, Trump is demonstrating a resistance to the constraints on his office — and a disrespect for the powers of the other “co-equal” branches of his government — that is both familiar in nature and unfamiliar in degree to those who have watched authority ceded to the presidency in recent decades.

“I think this is an extension of a trend that has been occurring over the past several presidencies,” said Mack McLarty, who served as President Bill Clinton’s chief of staff. “President Trump has pushed the limit and that may be putting it diplomatically.”

Kitrosser, the University of Minnesota law school professor, said the response to Trump will be important for the future of the balance of power.

“The big question is, will the Trump administration be a turning point that leads us to address some of these longstanding pathologies, particularly executive imperialism and Congress’ abdication, or whether it is going to lead us to accept ever greater imbalance of power?” she said. “I think we’re at a real turning point and it can go one way or the other.”

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Michael Cohen tries to walk back parts of guilty plea in recorded phone call, report says

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By Tom Winter and Dareh Gregorian

Michel Cohen, President Donald Trump’s former lawyer and fixer, said he was taking full responsibility for all of his actions when he testified before Congress, but he reportedly claimed he was innocent of some of the charges he pleaded guilty to in a private phone conversation with comedian Tom Arnold.

“There is no tax evasion,” Cohen told the “True Lies” actor in a March 25 phone call, according to The Wall Street Journal reported. The paper said Arnold taped the conversation and gave the paper the recording, in which Cohen also denied the bank fraud charges he pleaded guilty to. “It’s a lie,” he said.

Cohen told Arnold he copped a plea with federal prosecutors because “they had me on campaign finance” for covering up hush money payments for two women who claimed they had affairs with his former boss, Donald Trump. Trump has denied he had affairs with the women, former Playboy Playmate Karen McDougal and porn star Stormy Daniels.

Cohen — who is supposed to begin serving a three-year prison sentence for his crimes next month — told Arnold in the recording that he’d gotten a raw deal, The Wall Street Journal reported.

“I’m a man all alone, right, and I shouldn’t be alone anymore,” he said in the recording, according to the paper, noting that he cooperated with prosecutors and Congress.

“You would think that you would have folks, you know, stepping up and saying, ‘You know what, this guy’s lost everything. I mean everything.’ My family’s happiness, my law license. I lost my business, everything, my insurance, my bank accounts, all for what? All for what? Because Trump, you know, had an affair with a porn star? That’s really what this is about,” he groused, according to the paper.

Cohen also reportedly told Arnold he took the deal because he was worried his wife could face legal exposure if he didn’t.

Tom Arnold on Megyn Kelly Today on Sept. 25, 2018.Nathan Congleton / NBC

“I love this woman. I am not going to let her get dragged into the mud of this crap. And I never thought the judge was going to throw a three year fricking sentence,” he said, according to the paper.

The judge who sentenced Cohen did cut him slack for his cooperation — federal sentencing guidelines had called for him to get between 4 years and 3 months to 5 years and 3 months.

In their sentencing memorandum, prosecutors said Cohen was pleading guilty because he was guilty.

They noted that Cohen did not inform his accountant of $2.4 million in interests payments made to accounts in his or his wife’s name from 2012-2016 from a loan he made to a taxi operator. Prosecutors say Cohen never provided statements for that and other income to his tax preparer in what they described as an intentional effort to avoid paying income tax.

The bank fraud charge stemmed from a home loan where Cohen had told the bank he had a negative net worth, and then updated his financial statement to say he had a net worth of $17 million after investigators executed search warrants at his home and office.

Cohen lawyer Lanny Davis said Cohen’s statements were in line with what his client had said previously, and touted that the Mueller report had found Cohen to be a “credible” witness.

“Nothing said by Mr. Cohen to Tom Arnold contradicts Mr. Cohen’s previous defense attorney, Guy Petrillo, in his sentencing memorandum to the presiding federal US District Court Judge William H. Pauley III back in December. I would also add the important words used by Special Counsel Robert Mueller, and others, in describing Michael Cohen’s cooperation and testimony as “credible” addressing the ‘core’ issues involved in his investigation,” Davis said.

Trump lawyer Rudy Giuliani tweeted that the story was a continuation of Cohen’s “many deceptions.”



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Trump campaign won’t commit to staying away from hacked material

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By Monica Alba

WASHINGTON — President Donald Trump’s re-election campaign is refusing to publicly state that it will not use hacked materials to its advantage — in glaring contrast with the Democratic National Committee and a long list of the party’s 2020 candidates who have pledged not to do so.

The investigation into Russian election meddling by special counsel Robert Mueller found that the Russian government not only interfered in the 2016 race in “sweeping and systematic fashion,” but it also made helping Trump win a priority.

Mueller’s report, made public last week, said that while investigators had found no criminal conspiracy between the campaign and the Russians, the Trump team expected to “benefit electorally from information stolen and released through Russian efforts.”

In February, the field of Democratic presidential hopefuls all declared they would not take advantage of illegally obtained information. Most of those campaigns (including Sens. Cory Booker of New Jersey; Bernie Sanders of Vermont; Kamala Harris of California; Amy Klobuchar of Minnesota; Elizabeth Warren of Massachusetts; and former HUD Secretary Julián Castro) have confirmed to NBC News that their positions remain unchanged.

Washington Gov. Jay Inslee, South Bend Mayor Pete Buttigieg, former Colorado Gov. John Hickenlooper and former Texas Rep. Beto O’Rourke — who hadn’t formally announced in February — have also committed to not using stolen or hacked information.

In February, the Trump campaign chose not to state their position on using such information and, on Wednesday, neither the campaign nor the Republican National Committee responded to repeated requests for comment.

This week, DNC Chairman Tom Perez asked his counterpart at the RNC, Ronna McDaniel, to commit to the same cybersecurity platform heading into 2020.

“As the leaders of our country’s two largest political parties, we have a responsibility to protect the integrity of our democratic process,” he wrote. “That’s why I urge you to join me in condemning the weaponization of stolen private data in our electoral process.”

The White House did not immediately respond to questions about future use of such material, but when asked about denouncing future Russian interference, spokesman Hogan Gidley pointed to the president’s past statements. Trump has not pledged to stay away from using any kind of hacked or stolen data in the coming cycle.

Notably, Trump’s personal attorney Rudy Giuliani recently maintained that there was “nothing wrong with taking information from Russians.”

Vice President Mike Pence did not directly respond to a question from NBC News Wednesday about whether he regretted the campaign’s use of hacked emails in 2016 and whether he would pledge not to do so again, repeating the administration’s position that the Mueller report found no collusion between the campaign and Russia.

Earlier this week, White House senior adviser Jared Kushner largely dismissed Russia’s efforts to interfere in the 2016 election as “buying some Facebook ads to try to sow dissent.”

“Quite frankly, the whole thing’s just a big distraction for the country,” the president’s son-in-law argued. “It’s a terrible thing but I think the investigations and all the speculation that happened for the past two years has had a much harsher impact on democracy than a couple Facebook ads.”

Trump and his 2020 campaign manager, Brad Parscale, quickly offered their praise for and agreement with Kushner’s position on Twitter.

Former Vice President Joe Biden, who is set to join the race on Thursday, has already pledged not to use hacked material. He is the co-chair of the Transatlantic Commission on Election Integrity, created to combat election interference domestically and overseas.

In February, at the Munich Security Conference, Biden implored other candidates to vow not to “aid and abet” foreign governments seeking to meddle.

Sen. Kirsten Gillibrand of New York has started her own “Cybersecurity Pledge” and pressed her fellow White House hopefuls to join.

“I pledge not to accept stolen or hacked materials from foreign actors, and I urge all other presidential candidates to do the same,” she wrote online. “Join me in calling on the rest of the 2020 field to help defend our elections from foreign interference.”



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