Michael Cohen's Sentence: A Total Dog and Pony Show
by John Lawrence, December 13, 2018
Yesterday Michael Cohen, Donald Trump's "fixer" was sentenced to three years in Federal prison for among other things paying hush money to two of Trump's mistresses. "Mistress" is perhaps too high blown a term for Stormy Daniels with whom Trump had sex once according to her. Anyway, if it had come out during the campaign that Trump had had sex with these two women, it might have swayed a few voters. It might not have. So it is a campaign violation although I don't believe it says anywhere in the campaign laws that "it is a violation to pay off one's mistresses during a political campaign." So a judge or a jury just decided that it was a campaign violation. This decision can be overturned by a higher court. In particular in the American justice system you do get an appeal, and I'm sure that Michael Cohen will appeal his sentence all the way to the Supreme Court which is stacked with Republicans thanks at least partially to Trump himself.
So every dog can have his day. Federal prosecutors in New York can make their reputations based on a high profile "win." Liberals can be satisfied that justice was accomplished. Michael Cohen can probably put his mind at ease that he will never serve out his sentence if he serves any time at all. For these high crimes and misdemeanors Cohen got about one thirtieth of the jail time that a black guy with a bag of marijuana in his pocket would have gotten.
So if it was a campaign violation to pay off one's mistresses, wouldn't the most culpability accrue to Individual -1, Donald Trump himself, and not just some functionary who carried out his wishes? You betcha except for the fact that Trump is the President, and, as Richard Nixon famously said, "when the President does it, it is not a crime." Donald Trump could be impeached in the House of Representatives now that Democrats control the majority, but he will never be removed from office by the Senate because the Republicans control the Senate. So it could be just an empty exercise like most impeachments are unless the opposite party controls both branches of Congress. Since, unlike in Clinton's case, Trump might be impeached in his first term as President which would mean that that in and of itself could persuade some voters when he is up for reelection in 2020. In any event Trump could be tried in a court of law after his Presidency is concluded although, if convicted, he has the money to appeal all the way to the Supreme Court and guess who controls the Supreme Court? Guess who appointed some of the justices to the Supreme Court? Trump has nothing to worry about.
