Hope Hicks may have lied under oath that she wasn't present when Trump and Cohen discussed Stormy Daniels
Hope Hicks (Photo: Screen capture)

Newly unsealed documents in the campaign finance case where Michael Cohen pleaded guilty may provide evidence that Hope Hicks lied to Congress under oath.

According to the court documents, President Donald Trump, Hope Hicks and Cohen were all in communication about the hush-money payments to adult film star Stormy Daniels. Not only did Hicks discuss the payments with both men, she exchanged text messages and emails on the topic.

While testifying before Congress, Rep. Shelia Jackson Lee (D-TX) asked Hicks: "Were you ever present when Trump and Cohen discussed Stormy Daniels?"

"No, ma'am," Hicks replied.

"You were never present when they discussed Stormy Daniels?" the Congresswoman asked again.

"No," Hicks said.

"I'm going to say it again," Jackson Lee said. "Where you ever present when Trump and Mr. Cohen discussed Stormy Daniels, since it was all over the news that that occurred?"

"Let me just object to make -- my understanding is this question is limited to during campaign (sic). That's the line of questioning," asked Hicks' lawyer Patrick Philbin.

"That's correct, sir," Jackson Lee replied.

"So, no is my answer," Hicks said.

According to Page 6 of one of the uploaded documents released by the Southern District of New York Thursday, Trump joined a call between Hicks and Cohen.

"a. On October 8, 2016, at approximately 7:20 p.m., Cohen received a call from Hicks," the documents say. "Sixteen seconds into the call, Trump joined the call, and the call continued for over four minutes. Based on the toll records that the USAO has obtained to date, I believe that this was the first call Cohen has received or made to Hicks in at least multiple weeks, and that Cohen and Trump spoke on the telephone about once a month prior to this date -- specifically, prior to this call on Oct 8, 2016, Cohen and Trump had spoken once in May, once in June, once in July, zero times in August, and twice in September.

"b. Approximately ten minutes after the call ended, Hicks and Cohen spoke again for about two minutes.

"c. At 7:39 p.m. immediately after the second call with Hicks ended, Cohen called David Pecker (as note above, the President of American Media, Inc., or AMI) and they connected for thirty seconds. Approximately four minutes later, Cohen called Pecker again and they spoke for more than a minute. Three minutes after ending his call with Pecker, Cohen received a call from Dylan Howard (as noted above, the Chief Content Officer of AMI), and they spoke for approximately a minute. According to toll records, it does not appear that Cohen and Howard spoke regularly prior to October 8, 2016, as it had been over a month since they had called each other.
"d. At 7:56 p.m., approximately eight minutes after his call with Howard ended, Cohen called Hicks and they connected for two minutes. At approximately the same time, this call ended, Cohen received a call from Pecker, and they spoke for about two minutes. At 8:30 p.m., about three minutes after ending his call with Pecker, Cohen called Trump and they spoke for nearly eight minutes."

At the end of the second sentence of second "a," a footnote appeared where the FBI agent included his own statement.

"I believe that Trump joined the call between Cohen and Hicks based on my review of toll records. Specifically, I know that a call was initiated between Cohen's telephone number and Trump's telephone number at the same time the records indicate that Cohen was talking to Hicks. After the Cohen-Trump call was initiated, it lasted the same period of time as the Cohen-Hicks call. Additionally, the toll records indicate a "-1" and then Trump's telephone number, which based on my training and experience, means that the call was either transferred to Trump or that Trump was added to the call as a conference or three-way call participant. In addition, based on my conversations with another law enforcement agent who has spoken to a law enforcement agent who has interviewed Hicks, I have learned Hicks stated, in substance, to the best of her recollection, she did not learn about the allegations made by Clifford until early November 2016. Hicks was not specifically asked about this three-way call."