Trump's lawsuit against Cohen could be a trick: legal expert
April 13, 2023
After former President Donald Trump's one-time attorney and fixer Michael Cohen cooperated against him in the Manhattan investigation of the $130,000 hush payment to adult film star Stormy Daniels, Trump fired back with a $500 million lawsuit against Cohen, alleging he breached attorney-client privilege with his tell-all book.
This suit is unlikely to succeed in winning a judgment against Cohen, attorney Danya Perry said on MSNBC Thursday — but it may have an altogether different purpose.
"This is obviously the go-to tactic here," said anchor Chris Hayes. "He did it with James, with Michael Cohen, your client in this lawsuit, where he has filed this, what seems an obviously retaliatory civil suit against Michael Cohen, a punishment for his disloyalty. What is the status of that suit?"
"It's punishment," agreed Perry, "and also probably some form of workaround for a potential gag order. He might cloak himself in the mantle of litigation privilege and say all the things he's wanted to say and issue the same kind of threats as he otherwise would have. The posture is, as far as I'm aware, why Mr. Cohen has not been served. The clock has not started to tick."
That being said, Perry added, "I think there are all kinds of problems with the charges here. I don't think they stand up."
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"I think there are some gaping issues, including jurisdictions, perhaps a statute of limitations issue, and failure to state a claim on pretty much all these claims," she continued. "I think there will be some very, very strong defenses if Mr. Cohen is ever served, it may well be that the purpose of the lawsuit has been served and, no pun intended, and that there is no purpose because I don't think Mr. Trump actually wants to litigate this and gets every case handed to him again as he has so many times, including by Mr. Cohen in a case I brought against the Trump administration and Attorney General Barr."
Watch the segment below or at this link.
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