Michael Cohen seemed to morph into J. Wellington Wimpy this week when he asked for yet another delay in going to jail. Wimpy famously promised “I’ll gladly pay you Tuesday for a hamburger today.” Cohen is promising the same after declaring that he has suddenly discovered 14 million new files with evidence, including the promise of possible damaging information on President Trump. However, he explains, it will take him time to work through the material. Notably, the discovery seems to have occurred one month before he was to report to prison — one month almost to the day.
Cohen’s counsel told Congress the following:
“Michael Cohen’s recent public and closed-door testimony to Congressional committees has triggered additional areas for investigation by law enforcement authorities and the Congress. In fact, Mr. Cohen has recently obtained a hard drive with 14 million files from his computers and phones over the past 10 years, which we believe has significant value to the various congressional oversight and investigation committees. Yet Michael Cohen is the only person in the Trump organization who has been prosecuted. The actions against Mr. Cohen appears to be selective prosecution and the sentence imposed is a disproportionate one. For him to surrender in 30 days would be a detriment to committees search for truth, as well as a miscarriage of justice.”
Putting aside the uncanny timing, there is a couple of glaring problems with this discovery. First, Cohen was the subject of multiple search warrants and this material with millions of files was not turned over. Second, he was the subject of congressional investigation where the evidence was not turned over. Third, he agreed to a guilty plea on the assurance that he had fully cooperated and turned over all material evidence.
Cohen used his past claims of cooperation to secure a ridiculously low sentence for extensive criminal conduct. Now he has suddenly showed up with 14 million undisclosed files? Cohen has been daisy-chaining extensions and delays to avoid actually going to prison.
The response of Congress and the courts should be obvious. Turn over the evidence and we will know where to find you if we need you.