Cohen Testimony May Be Limited

News  |  Jan 16, 2019

Michael Cohen's highly anticipated public testimony before the House Oversight Committee next month may not be as comprehensive as possible because Cohen is not free to speak openly about matters concerning ongoing investigations. 

Wall Street Journal

Mr. Cohen, who is scheduled to speak in an open hearing on Capitol Hill for the first time Feb. 7, won’t be able to talk about topics that he has discussed with special counsel Robert Mueller, according to a person close to Mr. Cohen.

He also may be limited in what he can say about the continuing Manhattan U.S. attorney’s office investigation, which resulted in Mr. Cohen pleading guilty in August to eight felonies—including arranging hush-money payments during the 2016 presidential campaign to stop two women from publicizing alleged affairs with Mr. Trump. Mr. Cohen said Mr. Trump directed him to arrange the payments, which violated campaign-finance laws.

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While Mr. Cohen’s testimony may be restricted, he is expected to give an explosive recounting of his experience working for Mr. Trump. His testimony is expected to focus on his life story, examining how he went from serving as one of Mr. Trump’s most loyal aides for more than a decade to publicly breaking with him last year and implicating him in two federal crimes.

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The House Oversight Committee is still in the process of consulting with Mr. Mueller and New York federal prosecutors on the terms of Mr. Cohen’s testimony, according to a Democratic aide on the committee. The panel also previously expressed interest in Mr. Trump’s failure to report in a 2017 financial disclosure form his debt to Mr. Cohen, whom he reimbursed for a $130,000 payment Mr. Cohen made to a former adult film star in October 2016.

Mr. Cohen has spent more than 70 hours talking to Mr. Mueller’s investigators, including about the president’s business dealings with Russia ... 

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Rep. Adam Schiff (D., Calif.), chairman of the House Intelligence Committee, said last week he planned to schedule a closed session with Mr. Cohen to answer questions related to the Russia investigation. Mr. Cohen likely would be able to speak more freely in a closed session, but it is unclear what restrictions the special counsel might impose in that setting.

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In an interview Saturday with Fox News, Mr. Trump sought to imply criminal activity by Mr. Cohen’s father-in-law—an attack that Democrats criticized as an effort to squelch Mr. Cohen’s cooperation with investigators.

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The chairmen of the House Intelligence, Judiciary and Oversight committees issued a statement criticizing the president’s comments.

“The integrity of our process to serve as an independent check on the Executive Branch must be respected by everyone, including the President,” they wrote. “The President should make no statement or take any action to obstruct Congress’ independent oversight and investigative efforts, including by seeking to discourage any witness from testifying in response to a duly authorized request from Congress.”

There is no mention of Mr. Cohen’s father-in-law, Fima Shusterman, in the government’s charging documents or sentencing memorandums for Mr. Cohen.

Mueller Probe Likely to Restrict Michael Cohen’s Testimony (WSJ)