Trump Makes Genius Legal Maneuver In His Battle With Alvin Bragg

OPINION:  This article contains commentary which may reflect the author’s opinion

Former President Donald Trump has earned praise by renowned attorney Alan Dershowitz for his latest strategic legal maneuver against Manhattan DA Alvin Bragg this week, apparently blindsiding the prosecutor and potentially upending his weak case against him.

During a discussion on Fox News on Wednesday night, Sean Hannity, Greg Jarrett, and Alan Dershowitz took part in a panel discussion regarding the case Trump filed against his former personal lawyer, Michael Cohen, for $500 million.

Trump’s lawsuit against Cohen was for alleged defamation of character and reported has nothing to do directly with the Manhattan District Attorney’s case, according to an individual who is familiar with Trump’s legal team. Michael Cohen is being sued by Trump for compensatory, incidental, actual, and punitive damages.

According to the lawsuit, “This is an action arising from [Cohen’s] multiple breaches of fiduciary duty, unjust enrichment, conversion and breaches of contract by virtue of [Cohen’s] past service as [Trump’s] employee and attorney.”

A complex relationship has existed between Trump and Cohen for over a decade. Cohen handled many sensitive matters on Trump’s behalf as his personal lawyer and fixer. However, a raid by the FBI into Cohen’s office, home, and hotel room in early 2018 strained their relationship. As part of his plea agreement that followed the raid, Cohen admitted to a number of crimes, including campaign finance violations related to hush money payments he made to two women who claimed to have had an affair with Trump.

The information Cohen provided prosecutors through his cooperation with them, was a key component used by Bragg and his team to frivolously charge the former President on 34 criminal counts.

During the live panel discussion of the case, the participants praised Trump for suing Cohen, calling it a “legitimate move” and one that should have been done.

HANNITY: “All right, let me ask you this. First of all, let’s talk about the lawsuit Donald Trump has filed against Michael Cohen.”

DERSHOWITZ: “Good move. Good move. First of all, lawyers should not be violating lawyer-client privilege, number one. Number two, he gets a discovery, if he survives a motion to dismiss, and he is going to be able to find out things the government wouldn’t turn over to him in a criminal trial. So I think it’s a very smart move to go after Trump.”

HANNITY: “Are you assuming he has preserved all this information, and isn’t it likely that a lot of it doesn’t exist?”

DERSHOWITZ: “Well, you know, it’s very hard these days to hide things forever. With the internet, with social media, if you get the right people you can get things that people think they have hidden. So, I’m glad we are going to get to the bottom of this. Look, transparency is essential. If people have nothing to hide, they shouldn’t be worried.”

HANNITY: “Let’s bring in Gregg Jarrett. Gregg, your take on Trump’s suit against Michael Cohen?”

JARRETT: “Well, it’s a legitimate suit, it’s actionable in a court of law. It centers around the many lies of Michael Cohen. This is a guy who lied to the IRS, lied to U.S. banks, lied to Congress and went to prison for it. And Trump claims in his lawsuit he too is a victim, causing reputational damage. But on top of that, what jumped out at me in the lawsuit is that it claims that Cohen committed theft, an unjust enrichment by defrauding Trump over a phony business venture and pocketed an exorbitant amount of money over something that did not exist. On top of that, there’s also breach of fiduciary duty, which is pretty darn clear with Cohen, and breach of contract. You know, it’s bad enough that prosecutors called him a greedy liar and the judge who sentenced him said he committed a veritable smorgasbord of fraudulent crimes and deceit. Can you imagine a district attorney using a guy like that as his star witness? The problem with inveterate liars is you never know when you are getting scammed and it’s hard to tell the jury, ‘Believe this guy.’ He’s told so many lies, you would need a calculator to keep track of it.”



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