Lazy Saturday Reads: What Does the Allen Weisselberg Immunity Deal Mean?Posted: August 25, 2018
This has been a disastrous week for Trump. The Guardian summarizes: Trump’s terrible week: stunning news and whispers of impeachment.
…even by the standards of the Trump universe, this week has been a blur. And at its heart was a single, devastating hour on Tuesday 21 August that effectively turned the president of the United States into an unindicted co-conspirator in a federal crime….
…first, there was Rudy Giuliani. Trump’s lawyer, the former New York mayor, set the tone last Sunday with an Orwellian comment on the NBC network’s Meet the Press. Asked whether the president would give his version of events in testimony to Robert Mueller, the special counsel who is investigating Russian interference in the 2016 presidential election, Giuliani warned of a perjury trap and said: “Truth isn’t truth.”
Monday passed with just an embarrassing White House event to celebrate ICE during which Trump
…said that a border patrol agent, who is Latino, “speaks perfect English” as he beckoned him to the stage. He also misstated the acronym for US Customs and Border Protection at least eight times, referring to it as “CBC”, as in Canadian Broadcasting Corporation.
On Tuesday, the shit really hit the fan.
But then came, to use primary election parlance, Super Tuesday. At around 4.30pm, in courtrooms 200 miles apart, a pair of Trump associates delivered a one-two punch that stunned the White House and revived whispers of impeachment.
In New York, Trump’s longtime lawyer and “fixer” Michael Cohen implicated the president in a crime to influence the 2016 presidential election. Pleading guilty to dodging taxes and campaign finance violations, he alleged that Trump directed him to pay hush money to prevent two women – a Playboy model and pornographic actor – speaking out about extramarital affairs.
In Alexandria, Virginia, Paul Manafort, Trump’s former campaign chairman, was found guilty of eight tax and bank fraud charges and could now spend the rest of his life behind bars – unless Trump chooses to pardon him.
On Wednesday morning, Fox aired Trump’s interview in which he claimed that the campaign finance violations Cohen had pleaded guilty to were not crimes and that it should be illegal for people accused of crimes to turn states evidence in order to reduce their sentences. Then on Wednesday night he watched Tucker Carlson’s show.
There he saw a spurious Tucker Carlson report pushing a white nationalist conspiracy theory that white farmers in South Africa are being persecuted and murdered in Zimbabwe-style land grabs. Trump tweeted his outrage and promised to consult the state department, whose own human rights report on South Africa had made no mention of the issue.
It was one more white grievance dog whistle to add to all the rest. The South African government issued a swift rebuke and summoned US officials. Patrick Gaspard, the former US ambassador to South Africa, described the intervention as “astounding and deeply disturbing”. He said: “I can draw a line from the irresponsible statements he made in the wake of the violence in Charlottesville and him lifting up tropes from white nationalists in South Africa.”
It emerged that David Pecker, chairman of American Media Inc, which owns the pro-Trump National Enquirer, had been granted immunity to provide information about Cohen and Trump’s involvement with payments to the two women who allege sexual affairs. The Associated Press added fuel to the fire by reporting thatthe Enquirer kept such secrets locked in a safe, lending it extraordinary power.
That night, the New York Times reported that the Manhattan district attorney’s office was considering pursuing criminal charges against the Trump Organization and two senior company officials in connection with one of the hush money payments.
The coup de grâce came with the news that Allen Weisselberg, the CFO of the Trump Organization had been given immunity to testify against Trump’s former personal lawyer Michael Cohen.
Clearly the news about Weisselberg is the most damaging to Trump, but it’s not clear exactly kind of immunity the long-time “financial gatekeeper” has. According the The New York Times, it’s limited to the case against Cohen .
The person briefed on the deal said that it was narrow in scope, protecting Mr. Weisselberg from self-incrimination in sharing information with prosecutors about Mr. Cohen, Mr. Trump’s former personal lawyer, who pleaded guilty on Tuesday to tax and campaign finance charges. The latter charges stemmed from payments during the campaign to two women who said they had affairs with Mr. Trump. It was not, the person said, a blanket immunity extending beyond the information he shared, and Mr. Weisselberg remains in his job at the Trump Organization.
Mr. Weisselberg figured into the charges filed against Mr. Cohen this week, having facilitated the processing of what prosecutors described as “sham invoices” at the Trump Organization, through which Mr. Cohen was reimbursed for the money he had paid to quiet one of the women alleging an affair with Mr. Trump, the pornographic film actress Stephanie Clifford.
It sounds like it’s use immunity, which protects Weisselberg from being prosecuted based on the specific information he provided about the hush money deals. It’s likely that Weisselberg indicated he would take the fifth and prosecutors used immunity to force him to talk. Weisselberg could still be charged with a crime if investigators find independent evidence that he was involved in criminal activities. If he’s eventually charged with a crime, Weisselberg might agree to cooperate fully with prosecutors, but so far that doesn’t seem to be happening.
Nevertheless, the fact that prosecutors have gotten testimony from the man who supposedly “knows where the bodies are buried” in the Trump Organization is huge. And some knowledgeable writers are claiming Weisselberg has agreed to cooperate fully and are speculating about what he could reveal about Trump.
On Twitter, Renato Mariotti says he would be surprised if Weisselberg only got use immunity.
Obviously he knows a hell of a lot more than I do.
Luppe B. Luppen (AKA @NYCsouthpaw) and Hunter Walker at Yahoo News: For Trump, Allen Weisselberg may be the man who knew too much.
Prosecutors investigating Trump’s inner circle reportedly now reportedly have a limited deal with Weisselberg, who has provided testimony against former Trump lawyer Michael Cohen. If his cooperation expanded, it could play a crucial role in multiple ongoing investigations.
According to the Wall Street Journal, federal prosecutors granted immunity to Weisselberg in exchange for information about payments to Cohen, which were made to two women during the 2016 presidential campaign in order to suppress their stories of alleged affairs with Trump….
The Associated Press subsequently reported that the immunity deal was “restricted to Weisselberg’s grand jury testimony last month in the Cohen case.”
What could Weisselberg reveal if he were forced to cooperate fully?
If Weisselberg decided to fully open his kimono and reveal all he knows, the federal investigation in the Southern District of New York would be the most obvious potential beneficiary. However, in some ways, the nature of that office’s interest in Trump is the most mysterious. As of Friday afternoon, it is not known what other subjects that federal investigation is pursuing. If Trump Organization executives, or even the president, are in its cross hairs, then Weisselberg could offer key insights.
Special counsel Mueller’s investigation, headquartered in Washington, D.C., is another potential beneficiary. For Mueller’s investigators, Weisselberg could detail the nature and extent of the financing the Trump Organization has received from sources connected to Russia. He could also offer them insight into any investments or potential investments Trump has made either in Russia or with Russian partners. A spokesperson for the special counsel’s office declined to comment for this story.
Weisselberg could also potentially be a valuable material witness in the New York attorney general’s state-level investigation into President Trump’s charitable foundation. In June, New York Attorney General Barbara Underwood filed a lawsuit against the Trump Foundation alleging a “pattern of illegal conduct,” including “willful self-dealing.” Weisselberg has long been the treasurer of the Trump Foundation. In preparation for its lawsuit, the attorney general’s office conducted a lengthy interview with Weisselberg and obtained his emails. The investigators allege that Weisselberg collaborated with Trump and campaign officials in advance of the 2016 Iowa primary to use the charity’s funds to benefit the campaign.
At The New Yorker, the very knowledgeable Adam Davidson has more:
As the C.F.O., Weisselberg tracked the money that came into the Trump Organization and the money that went out of it, former employees told me. I often found myself wondering what the Weisselberg part of the operation looked like. (I called and e-mailed him a few times, but, not surprisingly, never heard back.) Some told me he had a couple of bookkeepers, but that he personally handled most of the paperwork. Weisselberg knew who was paying or lending money to Trump, and he knew to whom Trump was giving money. When Trump became President, he placed his business interests in a revocable trust overseen by his son Donald Trump, Jr., and Weisselberg….
This summer…Weisselberg’s role in the organization came into sharper focus. In a recording that Michael Cohen made of a conversation he had with Donald Trump about a payment to keep secret an affair, Cohen described setting up a shell company to pay hush money during the 2016 campaign to Karen McDougal, a woman who claimed to have had an affair with Trump. This week, Cohen pleaded guilty to violating campaign-finance laws, in part by setting up this secretive payment. He said that he knew at the time that it was illegal to secretly make a payment for campaign-related activity, but he did so anyway at Trump’s direction. Strikingly, Cohen makes it clear on the tape that Weisselberg also knew about the shell company and payment. “I’ve spoken to Allen Weisselberg about how to set the whole thing up,” Cohen explains to Trump.
It is difficult to hear the tape and not wonder how Weisselberg developed this particular expertise and whether he had deployed it before.
Here’s what Davidson has to say about Weisselberg’s immunity deal:
The Journal story and other news coverage suggest that Weisselberg has narrow immunity, related, solely, to the payments that Michael Cohen made to silence two women with whom Trump had affairs. With evidence of that crime in hand, prosecutors can subpoena other records from the company. If they have a reasonable basis to believe another crime has been committed, they can ask Weisselberg about it. Weisselberg, fearing jail time himself, could broaden his coöperation. The fact that Weisselberg has “flipped”— and may flip further—could shift the calculus of other figures in the Trump orbit as well. Weisselberg is a big fish—perhaps the biggest fish of all. Fearing that Weisselberg might implicate them in a crime, any cronies, dealmakers, attorneys, and others who might want to exchange information for leniency from prosecutors, will now do so.
If you’re interested in what kinds of crimes Weisselberg might know about, I’d suggest reading the entire article as well as Davidson’s other New Yorker pieces about Trump’s business dealings.
What else is happening? What stories have you been following?