Michael Cohen has lost his lawsuit against Donald Trump. Cohen was suing Trump for his litigation costs but his case depended on his own legal judgment as former counsel to the former president. A convicted felon, Cohen was always more of a legal thug than a competent lawyer. His case collapsed when the court refused to take his word for an oral contract and noted that he signed a contract directly refuting such oral contract claims. This week proved a double boost for Trump who also saw the withdrawal of the much covered lawsuit of Summer Zervos, a former contestant on “The Apprentice.” After thousands of articles in the media, Zervos quietly dropped her lawsuit.
The former counsel for Trump relied on an alleged oral promise by Trump to cover the costs. However, Cohen had written agreements that contradicted that claim. Cohen was seeking payment of bills that were largely linked to Trump himself, Trump’s 2016 presidential campaign or the now-defunct Trump Foundation. However, he was suing the Trump Organization and his contract expressly bars this type of claim.
As Samuel Goldwyn stated “a verbal contract isn’t worth the paper it’s written on.” Under New York law, “where a contract contains a ‘no oral modification’ clause, that clause will be enforceable.” Israel v. Chabra, 12 NY3d 158, 163 (2009). The contract, called the Operating Agreement, contains a “no oral modification” clause.
Cohen also presented no evidence of an oral contract beyond his own word. That is a highly precarious basis of reliance for any court. For full disclosure, I have been a critic of Cohen long before he broke with the President. His conduct as an attorney was a disgrace to the bar for years. Cohen has been gaming the system his entire career. He claimed urgent medical needs for release from prison. Of course, he previously claimed health problems in failing to appear to testify only to be spotted out on the town for a fancy dinner. Cohen previously (and implausibly) reinvented himself as a redemptive sinner and received financial support from Trump critics. he continued that pattern after his conviction.
The court notes:
“Plaintiff’s amorphous role as former President Trump’s personal “fixer” compounds the issue. As alleged in the Amended Complaint, Plaintiff not only worked for the Trump Organization, he “often help[ed] Mr. Trump . . . and other affiliated businesses” … Plaintiff fails to tender evidence showing that his involvement in the Mueller Investigation relates directly to his capacity as a Trump Organization employee, rather than his role more generally in the Trump orbit. It is not enough to argue that but for his employment at the Trump Organization, Plaintiff would not have known some of the information that made him a target – and, later, a cooperator – in the investigation. That reasoning sweeps too broadly, permitting corporate indemnification even where it is not tied to actions on behalf of the corporation. The Operating Agreement only compels Defendant to indemnify Plaintiff with regard to the business of the Trump Organization. And Plaintiff has not tendered evidence to show this connection.”
The court reduced the case succinctly with this line: “In a nutshell, Mr. Cohen’s legal fees arise out of his (sometimes unlawful) service to Mr. Trump personally, to Mr. Trump’s campaign, and to the Trump Foundation, but not out of his service to the business of the Trump Organization, which is the only defendant in this case.”
Here is the opinion: Cohen v. Trump Organization
44 thoughts on “Michael Cohen Loses Lawsuit For Compensation as Trump’s “Fixer””
As someone who supported most of Trump’s POLICIES, I did have an issue with many of his hires, Cohen being one of them and sadly the list isn’t short. However, the people being hired by Biden are worse than incompetent, they are deranged leftists with fascist tendencies. Name one Biden appointee who is doing a good job: Blinken, Taylor, Mayor Pete, Grenholm, Myorkis, Yellen, the new SOVIET appointee to be in control of the currency and left overs like Milley and others.
Trump didn’t allow an open border, didn’t screw up the supply chain, gave is the vaccine, fought against Iran and China, helped Israel gain allies, had NATO pay more for defense, sanctioned Russia, had no inflation and energy independence and didn’t give the Taliban 80 billion dollars worth of our weapons, etc etc.
Every crises that we now have is man-made…Biden-made.
As I feared, Turley panders to his lying Trumpists by commenting upon the 2 lawsuits dropped against Trump in lieu of commenting about the grand jury indicting Steve Bannon for criminal contempt!
Turley’s silence can ONLY be interpreted as NOT disagreeing with Bannon’s indictment. Whereas his Fox brethren Hannity has called the 1/6 commission a “sham,” Turley has NEVER done so.
“His [Cohen] conduct as an attorney was a disgrace to the bar for years.”
Conservative lawyer John Eastman has been disgraced in recent weeks also by virtue of his legal services for Trump. Forced to resign from his law school, pushed out of the Federalist Society, banned from Fox News, and subpoenaed by the 1/6 commission! Turley’s reaction?
Quite the free speech stalwart!
Him not commenting on something is not him condoning something. What the hell is wrong with you? If you have no opinions or comments on the article, then you’re literally shooting into the wind here. Almost a year later and Trump is still living in your head. Go seek help.
I did. Doctor said I was ok. I suggest you ignore my posts. I was talking to Svelaz, not you.
We usually do.
When you post in a public forum – others my listen and respond.
that is how it works.
If you want a private exchange with Svelaz – try email.
Such prosecutions are rare and typically fail.
But this case is worse than normal.
Bannon was completely a private citizen in Jan, 2021.
Separately congress is attempting to conduct a criminal investigation of the private actions of private individuals.
This is outside the scope of congresses constitutional powers – there are even explicit prohibitions against congress targetting people.
A recent federal appeals court pannel -2 obama apointed judges and one Biden apointment ruled AGAINST congressional suppeonas of documents pertaining to this from Trump’s presidential papers – which is a far strong argument than anything regarding Bannon.
The court ruled essentially that the alleged legislative purpose was so obviously a sham than even congress does not mention it.
Put simply – Congress has broad powers to investigate GOVERNMENT misconduct, But not private conduct.
Rather than backing up Congress – DOJ should focus on dealing with its OWN investigations of Jan. 6
I would further suggest seriously thinking about the consequences of actually winning with regard to Bannon.
Congress would be free to conduct criminal investigations in public.
Is that really what you want ?
It is likely that Republicans will retake the house and possibly the Senate in 2022.
Do you want a Republican congress investigating the Clinton campaign ?
Or the members of Black Lives matters ?
Or School Boards across the country ?
They are going to have a field day investigating the Biden administration as it is.
In the 80’s Congress conducted the Iran-Contra investigation in public congressional hearings – which they were actually constitutionally permitted to do. As a result all the criminal prosecutions of Iran-Contra were thrown out.
This entire thing is nonsense.
It is not DOJ’s role to carry water for congressional investigations – especially unconstitutional ones.
If DOJ wishes to investigate Bannon regarding Jan. 6 they are free to do so ON THEIR OWN,
If Bannon does not cooperate with an actual criminal investigation where the courts find he is compelled to cooperate – THEN you can prosecute him.
In this case Congress is unconstitutionally coopting the role of the executive and DOJ is idiotically cooperating.
There are extremely few instances in which silence is actually meaningful.
This is not one.
Turley is not obligated to speak on any issue, and where he does not speak we can not presume to know what he thinks.
This is true of all of us.
Or put differently other people are not obligated to care about what matters to you.
Rather than broadly defame Mr. Eastman – maybe you could get specific ?
Given that you do not have a reputation for accuracy in your claims.
I am not aware of Eastman being “disgraced”
He is a retired law professor – somewhat pushed out as is very common in academia today.
Colleges endeavor to silence even those on the left that do not toe the line – of course they squelch those on the right.
I have no idea if Eastman represented Trump in the distant past, but he has not done so anytime recently.
Eastman is still listed on the Federalist society Web Pages where his CV indicates extensive experience in constitutional law – particularly in the area of Free Speech.
I know little about him beyond your rant, and what I can read on the web – which confirms very little of what you say.
So why must Turley amplify your rant ?
Trump Promotes Thuggery As Republican Business Practice
Professor Turley nails it by telling us Michael Cohen was more of a thug than a lawyer. But Cohen embodied Donald Trump’s style of ham-fisted, blunt force tactics. That style has, in turn, become the Republican party’s modus operndi as evidenced by this recent New York Post story:
The 13 House Republicans who supported the $1.2 trillion bipartisan infrastructure bill last week are defending their vote despite coming under heavy fire from fellow GOPers — including former President Donald Trump.
Multiple sources tell The Post that Trump’s bashing of the lawmakers in remarks at a National Republican Congressional Committee dinner Monday night, as well as rabble-rousing by far-right House members like Marjorie Taylor Greene (R-Ga.), has led to an escalation in threats, calls for primary challengers, and a push to remove the 13 from their committee assignments.
Sources say Trump referred to the bill backers as “RINOs” (Republicans in name only) and “disloyal” in his remarks. One source told The Post that Rep. Nicole Malliotakis (R-NY), who represents Staten Island and parts of South Brooklyn and supported the legislation, was left “visibly shaken” by the former president’s words.
Variations of this story have been in the news all week. Those 13 Republicans have been inundated with threats of violence. How ironic that Trump supporters revel in branding Democrats as ‘Nazis’. Tactics like these are straight from Hitler’s playbook.
What in the heck did Hills and Bills do with everyone from the kids on the tracks in Mena and Vince Foster to Seth Rich et al.?
You’re not serious, right?
Am I right?
I’m right, aren’t I?
Geez, that’s as ridiculous as postulating that Kamala Harris, Willie’s girl, will ever be eligible and will ever be a “natural born citizen” – of course, she can only ever be a “citizen” by jus solis, and can never be a “natural born citizen” by jus sanguinis as her parents were foreign citizens.
Cohen illustrates Trump’s weakness – hiring help who was either incompetent or corrupt. And sometimes both.
Trump weakness, he not a politician. He has not learned from al long career as a politicians how to structure is office (enterprise). Politicians learn, as their power increases, to use an established and trusted network of cut-outs. Cut-outs that keep you from getting the mud thrown in your name from splattering on your polished oxfords.
President Trump did his own wet work. That is both, his Super Power, and his Kryptonite.
Joe Biden, it’s time for your meds.
Here is a perfect definition of who Cohen is. Provided by Bob Dylan.
You got a lot of nerve to say you are my friend.
When I was down you just stood there grinnin’
You’ve got a lotta nerve to say you got a helping hand to lend
You just want to be on the side that’s winnin’
You say I let you down, ya know its not like that
If you’re so hurt, why then don’t you show it?
You say you’ve lost your faith, but that’s not where its at
You have no faith to lose, and ya know it
I know the reason, that you talked behind my back
I used to be among the crowd you’re in with
Do you take me for such a fool, to think I’d make contact
With the one who tries to hide what he don’t know to begin with?
You see me on the street, you always act surprised
You say “how are you?”, “good luck”, but ya don’t mean it
When you know as well as me, you’d rather see me paralyzed
Why don’t you just come out once and scream it
No, I do not feel that good when I see the heartbreaks you embrace
If I was a master thief perhaps I’d rob them
And tho I know you’re dissatisfied with your position and your place
Don’t you understand, its not my problem?
I wish that for just one time you could stand inside my shoes
And just for that one moment I could be you
Yes, I wish that for just one time you could stand inside my shoes
You’d know what a drag it is to see you.
If your in a large organization for very long you will know that someone you hired will betray you. Trump was not surprised but I’m sure he was disappointed.
When you hire a lawyer, isn’t this person supposed to represent or defend you.
The key to the decision was that there was a written contract that could not be altered by an oral agreement. Cohen claimed that Trump orally agreed to cover litigation costs, but apparently that’s not what the written contract says. It’s called the “parole evidence rule”, which holds that an oral agreement cannot rescind or modify the terms of a written agreement. But, Turley only gives a passing mention of this is as the reason, and, being the lap dog of Fox, uses the opportunity to launch into an attack on Cohen because Cohen exposed Trump for the piece of dirt that he is. Turley disingenuously claims that the Court didn’t believe Cohen’s testimony, but the “parole evidence rule” has been the common law for hundreds of years. I’m not defending Cohen for his conduct, mind you, but it is a reflection of Trump and his utter sociopathy.
“…but it is a reflection of Trump and his utter sociopathy and Natacha’s continued suffering from TDS. FTFY Get well soon
Natacha, your TDS is showing badly. Cohen is and was a disgrace to the legal profession. Had he treated you the way he treated Trump, you would treat him the same way Trump is. How does it feel, being called an “utter sociopath?”
“Cohen exposed Trump for the piece of dirt that he is,” Natacha.
Now, Sweetheart, there you go talking dirty again.
You know what that does to me!
Wait. Is “fixer” a thing? Was “fixer” started by Trump? Is a “fixer” sub rosa? Why do I get the impression that every single last politician and elected official has a “fixer” on staff? How in the world on God’s green earth did Bill and Hillary Clinton et al. ever make it this far, bereft of a “fixer?”
“Cohen was always more of a legal thug than a competent lawyer”….. The whole article could have been just this.
Well, It shows what kind of man who would hire Cohen in the first place and why he would hire such a lawyer.
Have you seen the scummy antics of the scumbag son of the current president? Biden is the head of a sick, screwed up, greedy, unethical and outrageously corrupt family. But the corrupt media don’t want you to know about it.
Writers of history will without a shadow of doubt describe the Trump family as everything you describe and more. Your projection on this one is off the scales.
Money laundering? Tax evasion? Selling out to China? Ukraine, Russia? Gun felonies? Drug felonies? Unethical behaviour and in-your-face corruption? Hunter Biden? Jimmy Biden? Where are their indictments? Here’s a hint: it’s not because they are innocent.
If those who write history do so then they had better have the FACTS to back up their claims.
Our press is “the first draft of history”
And as Andrew Sullivan points out – recently that draft has been less than worthless.
It has been lies and deliberate distortions of the truth.
Sullivan’s peice is excellent – except that it hot hard enough on t he press,
Sullivan’s notes how nearly every major story in almost a decade has been wrong.
But it is worse than that – even minor stories are disasterously wrong.
Historians will write what they want about Trump..
The question is will the future drafts of history be better than the first ?
DT is not near the depths of corruption as Clinton and Biden based on the allegations. Your ragged opinion.
I thought you were from the party looking to “ban the box” – bar employers from inquiring into the criminal record of prospective hires.
Can you explain how that works ?
On one hand Trump is responsible for the character of people he hires
On the other you insist that employers can not consider evidence of bad character when hiring ?
Fish has putrid smell
Cohen illustrates Trump’s weakness – hiring help who was either incompetent or corrupt. And sometimes both.
Biden seems to have the same problem.
Why don’t you count the firings, resignations, indictments and corruption allegations in Trump’s first year compared to President Biden’s time. Biden does NOT have that problem.
Actually Biden does have that problem not only with members of his immediate family, but also he won’t fire or reprimand any of his incompetent, lawless, reckless Biden admin officials. Plus, Biden is a protected class of politician, ie, a Democrat. Biden’s scandals (and there are many!) are downplayed or ignored by the corrupt media.
Why don’t you count the firings, resignations, indictments that *should have happened* in Biden’s cabinet? (Afghanistan being the most grotesque). Plus the blatant politicization and Soviet-style weaponization of the Biden DOJ and FBI againt thier political enemies (including parents!!). Plus all the corruption allegations within both Biden’s own family and his administration –all within *Biden’s* first NINE MONTHS?
Biden DOES have that problem. Why don’t YOU know about it?
The State Department announced that every American citizen who wanted out of Afghanistan has gotten out, and that the Taliban is allowing them to leave. Some don’t want to leave, or have left and decided to return because of friends or lovers or because they teach schools, or for whatever reason. Quatar Airlines is helping by providing charter flights that the Taliban is allowing to leave without interference. The Taliban have kept their word in the agreement struck by Biden.
Biden does not pull the strings at the DOJ like Trump tried to do. The so-called “corruption allegations” are just more Hannity/Fox/alt-right lies. Biden has done a lot with the trash fire left by Trump–a devastated economy, no plan or logistics for vaccine storage or administration, COVID not under control, schools closed, people needlessly dying, the worst economy since the Great Depression. He pulled us out of Afghanistan, which could have been smoother except for the fact that Trump reduced our troop strength from 14,000 to 2,500 and turned loose 5,000 Taliban prisoners. Trump failed to include Afghanistanis in negotiations with the Taliban for our withdrawal, so they just gave up. Trump didn’t negotiate for an airport or continuing presence in Afghanistan, either. But, the alt-right media blame Biden for these things.
Biden has done an excellent job under the circumstances. Unlike Trump, he didn’t inherit a booming economy, a healthy population, schools open and running and businesses and restaurants operating normally. But, that won’t stop the alt/right news from lying about Biden’s achievements or promoting Trump and continuing the Big Lie. And, nothing will stop the disciples from believing the lies.
Where I live a year ago, home heating oil was $1.23 a gallon. On Election Day we were energy independent. Now a gallon of gasoline is over $3.30 a gallon. Now we are buying 600,000 barrels a day from Russia. And Biden has twice begged the Russians and the Saudis to increase production to bring down the price of oil. Twice they said no. Nobody respects Joe Biden. Let’s go Branden!
“Biden has done an excellent job under the circumstances”
What circumstances are you referring to? Biden’s senility? His unawareness of what his own administration is actually doing? His disloyal, unpopular VP who refuses to do what he has tasked her to do?
Biden keeps telling us the buck stops with him. And then he works about 3 days a week, calling ‘lids’ at noon, flying off the Delaware for long weekends at home where visitor logs are not made public. And still, Biden, and his mouthpieces like Psaki, only complain and whine about the mess they inherited. Waaa waaa waaa bad Orange Man left me a mess, waaa waaaa….But! The buck stops with Joe.
LIAR! Whiner! Complainer! All Biden does is LIE to the American people day in and day out.
F J B.
All the media do is lie as well. We are in serious trouble as a country when we have political administrations like Biden/Harris that weaponize against and use the full force of a corrupt governement to lie, coerce and threaten its own citizens…..and a corrupt propaganda media that lie to citizens in service of one political party holding onto power.
The State Department announced that every American citizen who wanted out of Afghanistan has gotten out, and that the Taliban is allowing them to leave
You, are a lying troll
Link your evidence.
I have no idea. I have not counted those things for either.
Nor Would I.
People are fired or resign for a variety of reasons.
Sally Yates was fired for refusing to enforce the law.
Lots of Biden staff clearly should be fired.
But they Joe should be fired,he is not competent to do the job.
Frankly who actually beleives that Biden is president ?
The incompetent children making Biden’s lips move should be fired.
I do not support Biden’s policies – that is a reason to vote against him.
But Biden’s presidency has thus far been a serious failure at a moment in which it should have been easy to succeed.
The political differences are overshadowed by the complete failure.
Failure should not be accepted – not by those who oppose Biden, not by those who favor him.
Of course inquiry into the causes of that failure would be wise – even if it is found that the failure was caused by the policies as much as the lack of competence.
I do find it interesting those on the left expect us to accept that the history of failure of left policies is only because they did not have the correct leader – and then they elect Joe Biden ?
Most politicians do because they need either scrubbers or enforcers.
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