On MSNBC now Trump sues Cohen

[Bev54]

Trump has launched a lawsuit against Michael Cohen for breach of contract and breaching client/attorney privilege. What an idiot, he is still lashing out, thinking it will help him. No client/attorney privilege in the advancement of a crime.

edited for more clarity in title

[Tommy Carcetti]

1. I'd love to see the Complaint.

Trump's lawsuits in the past have been comically awful from a legal standpoint, and they're always written by whatever Lawyer Du Jour they can pull off the street.

[Effete Snob]

5. .

https://storage.courtlistener.com/recap/gov.uscourts.flsd.645291/gov.uscourts.flsd.645291.1.0_2.pdf

[Bev54]

7. Thank you, I was just looking for it.

[Midnight Writer]

9. First sentence identifies the plaintiff as "President" Donald J Trump.

That alone should be grounds for dismissal and sanction for wasting the Court's time.

Trump cannot afford to go through the discovery process, and he cannot enter a deposition because he cannot control his lying.

If this lawsuit is not immediately thrown out of court, Trump will withdraw it before the discovery phase.

[Effete Snob]

11. It's a title one keeps

It's more likely to be tossed on jurisdiction, since it is really weak on that.

You have your work cut out for you on various "President Carter" threads here at DU:

https://www.democraticunderground.com/1017806712

https://www.democraticunderground.com/100217668387

[Cuthbert Allgood]

2. Also, isn't he going to have to say that what Cohen said is true?

I mean, if it's all fiction that Cohen is saying, there's no breach.

[TheBlackAdder]

19. Could this be seen as witness intimidation?

[scipan]

21. I had the same question. Trump repeatedly blanket denies

everything Cohen states, whether in his book or in court.

[LiberalFighter]

3. If I have it correct. NDAs are not valid when it involves a crime.

Just like attorney privilege is out the window when it involves criminal activity.

[Bev54]

14. On reading it, sounds to me like all that Trump instructed Costello to say to the grand jury

that the grand jury did not wish to listen to, has been put in this lawsuit. Trump is just so eager to get these grievances out and try to destroy Cohen as a witness in his upcoming trial, that I think this was the only way they could think of to do it. I hope he and his lawyers are sanctioned for frivolous lawsuits.

[LiberalFighter]

15. A financial sanction likely wouldn't do anything.

So, would be best for Trump to spend a few days in jail.

[Bev54]

16. Yes it would be best but I have learned to really temper my expectations.

[RockRaven]

4. I hope Cohen seeks sanctions against TFG's clown lawyers for filing this nonsense.

[progressoid]

6. well, of course

[gab13by13]

8. I wonder who is paying all of Trump's lawyers?

I guarantee he isn't.

[Jarqui]

10. I haven't read the brief nor have I got acquainted with all the claims

One thing in contract law is pretty clear, (edit: as I now see mentioned in the top post), : "breach of contract and breaching of client/attorney privilege" goes out the window when the lawyer and client are doing something illegal as they were with Stormy. That part won't take long to resolve if the media got it accurate. We know bunches of it was illegal as Cohen got sentenced on 3 felonies related to it and had audio tape of describing what he was doing with Trump on that other end of the phone call and the checks made out to Cohen signed by Trump show Trump paid him to do it.

I'd also think Cohen would have a decent counter claim with Trump's mouth.

Cohen can probably do a bunch of the legal work pro se.

[LetMyPeopleVote]

13. Here is a link to the lawsuit TFG filed against Cohen

Link to tweet

[spinbaby]

17. How is this not witness intimidation?

Isn’t witness intimidation a crime?

[Bev54]

18. I am not sure it isn't. Will have to see how this plays out.

[FlyingPiggy]

20. Micheal cohen can counter sue for harassment and frivolous lawsuit

[Ocelot II]

22. Witness intimidation and an attempt to discredit Cohen before he testifies

Last edited Wed Apr 12, 2023, 11:28 PM - Edit history (1)

in Bragg's trial (which won't be for a year, at least). It's mostly based on claims that Cohen violated a nondisclosure agreement, but when he was prosecuted by SDNY he had to tell them everything; at that point any NDA would be ineffective because all the facts about the hush money payment became public record. Also he claims he's entitled to damages because Cohen violated attorney's ethical rules - but those don't give a client a private right of action. There's no attorney-client privilege because of the crime-fraud exception. And why is this venued in FL? The venue can be only the district where a defendant resides (Cohen lives in NY); the district where a substantial part of the events giving rise to the claim occurred (also NY); or the district in which the defendant is subject to personal jurisdiction if there is no district in which the claim can otherwise be brought. TFG claims Cohen has sufficient contacts with FL to make venue there proper, but it sure seems to me the case should have been brought in SDNY and not FL (Aileen Cannon wouldn't get the case, though; it was filed in Miami. But why Miami? TFG lives in W Palm Beach).

This complaint is kind of nuts - it looks like the lawyer dug out his first-year law school contracts textbook and tried to turn the NDA, which became unenforceable on account of Cohen's compelled testimony to the feds, into a common-law contract case. I expect this to go about as far as the lawsuit against Hillary Clinton, et al. https://storage.courtlistener.com/recap/gov.uscourts.flsd.645291/gov.uscourts.flsd.645291.1.0_2.pdf

[LetMyPeopleVote]

23. The attorney representing Trump specializes in "franchise law, franchise litigation," etc

Link to tweet

Link to tweet