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Former President Trump (AP Photo/Seth Wenig) and Michael Cohen (Chip Somodevilla/Getty Images)
Former President Donald Trump is suing Michael Cohen for $500 million, threatening his former fixer and star witness against him in his criminal case of economic annihilation.
In a 32-page complaint in federal court, Trump said Cohen “violated the contractual terms of the confidentiality agreement he signed as a condition of employment,” revealing the former president’s “confidences,” and spread “falsehoods” about him “with malicious intent. and for purely selfish purposes.” This campaign, according to Trump, caused him “huge reputational damage.”
Trump also claims that Cohen “unlawfully converted” his “business property when he fraudulently described a business expense, and said he owed an additional $74,000 over the true cost of the expense. “
The lawsuit does not allege additional spending.
Since pleading guilty to campaign finance violations carried out at Trump’s “direction,” Cohen has become one of the former president’s sharpest critics. He disclosed the hush checks signed by Trump in congressional testimony and spoke several times in the Manhattan District Attorney’s offices during the tenure of two of its leaders: Cyrus Vance and Alvin Bragg.
His insights into the byzantine system for executing $130,000 in hush payments to Stormy Daniels and receiving $420,000 in return, in $35,000 monthly increments, helped produce the 34-count indictment against Trump currently pending in Manhattan Criminal Court.
Cohen also made “numerous public statements, including the publication of two books, a podcast series, and countless mainstream media appearances,” Trump’s lawsuit notes.
Trump said he asked Cohen to “cease and desist from these unacceptable actions,” but Cohen “appears emboldened and repeatedly continues to make false and misleading statements about Plaintiff through different platforms.”
The former president claims those actions “reached a proverbial crescendo,” leaving no alternative but to sue him.
Cohen’s attorney Lanny Davis released a statement accusing Trump of “abusing the legal system as a form of harassment and intimidation.”
“He appears to be afraid of his looming legal risks and his attempt to send a message to other potential witnesses who are cooperating with prosecutors against him,” Davis said. “Sir. Cohen cannot be stopped and is confident that this suit will fail based on the facts and the law.”
“Does anyone in America, aside from a shrinking minority base of believers, take Mr. Trump seriously when he files these frivolous lawsuits?” Davis asked.
In the Southern District of Florida, the same federal court where Trump filed suit on Wednesday, US District Judge Donald M. Middlebrooks issued a $1 million sanction order against Trump and one of his lawyers, Alina Habba earlier this year in what he called a pattern of “futile” litigation.
The latest case has not yet been assigned to a judge.
Trump’s lawsuit asserts five causes of action, accusing Cohen of breach of his fiduciary duties, breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment and conversion.
None of the attorneys involved in any of Trump’s other current legal disputes, either criminal or civil, appear to be connected to the lawsuit, which was signed by Coral Gables, Florida-based attorney Alejandro Brito in the Southern District of Florida.
Asked if he knew the suit would be filed, Trump’s lawyer Joe Tacopina told Law&Crime: “Heard about it.”
The Manhattan District Attorney’s office did not immediately respond to an email requesting comment.
Several legal experts told Law&Crime that Trump’s filing of the lawsuit is unlikely to rise to witness intimidation.
“Just because Donald Trump is a criminal defendant does not extinguish his right to bring civil lawsuits if he is harmed,” said Renato Mariotti, a former federal prosecutor.
Mariotti could not recall a case he had filed in which a defendant sued a key witness. Then again, he said, Trump and Cohen have a strange history.
“It’s inconceivable that Trump could have a potentially valid claim against Cohen, given the fact that Cohen is his lawyer and appears to make a living criticizing Donald Trump,” Mariotti added, referring to the The complaint alleges violations of the attorney-client privilege.
Mitchell Epner, who is also a federal prosecutor, agreed that he would not call the filing a witness intimidation case “but it is an attempt to use leverage on Michael Cohen.”
During his tenure in the District of New Jersey, Epner also cannot recall a criminal defendant subpoenaing a witness.
Read the complaint here.
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