Lanny Davis, Michael Cohen's current attorney, says his client did ask his former lawyer to inquire about a presidential pardon even though Cohen testified before Congress that he never asked for nor would accept a pardon from President Trump.
Cohen asked his attorney at the time, Stephen Ryan, to meet with Rudy Giuliani about the possibility of a pardon shortly after an FBI raid on his home and offices in the early summer of 2018, Davis said.
Davis added that Cohen also stands by his testimony, citing the time frame. Cohen, at the time, was part of a joint defense agreement with the president and many of his advisers.
"Prior to Michael Cohen's decision to leave the 'Joint Defense Group' and tell the truth on July 2, 2018, Michael was open to the ongoing 'dangling' of a possible pardon by Trump representatives privately and in the media," Davis said. "During that time period, he directed his attorney to explore possibilities of a pardon at one point with Trump lawyer Rudy Giuliani as well as other lawyers advising President Trump."
He later left the JDA when he decided to "change his life and tell the truth" about the president, when he decided to "put family and country first," as Cohen told ABC News' George Stephanopoulos at the time.
"But after July 2, 2018, Mr. Cohen authorized me as a new lawyer to say publicly Mr. Cohen would never accept a pardon from President Trump even if offered," Davis said, adding, "That continues to be the case."
Davis claims Cohen did not lie to Congress because it is true he never personally asked for a pardon. He just asked his lawyer to do it for him.
Cohen also now is admitting to having pardon-related conversations.
CNN:
Cohen told Congress over the past week that his former attorney spoke separately with two attorneys for the President, Rudy Giuilani and Jay Sekulow, about the prospect of a pardon, the sources said. Cohen also testified to Congress that he spoke directly to Sekulow about pardons, according to the sources, which Sekulow denies.
In addition, Cohen has told Congress and others about a murky series of exchanges with two people who said they had connections to Giuliani and another member of Trump's orbit, and they raised the idea of securing a pardon for Cohen, according to the sources.
(...)
The attorneys were Robert Costello and Jeffrey Citron, Costello acknowledged to CNN after The New York Times reported his role. Costello said the description of him offering to work out a pardon as an intermediary was inaccurate, but declined to further comment unless Cohen agreed to waive attorney-client privilege. He said they were talking to Cohen before Giuliani joined the Trump legal team and that Citron knew Cohen from serving on a school board together. Costello also told CNN he has not been contacted by federal investigators, only reporters.
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Cohen provided to investigators documentation showing that Costello was with Giuliani, including screenshots, according to one source.
Giuliani declined to comment on Cohen's claim that people connected to Giuliani had spoken to him, saying Cohen would have to waive privilege first. ABC News was first to report on the discussions.
(...)
A source familiar with Cohen's testimony, speaking in defense of Cohen, said that House Intelligence Chairman Adam Schiff, D-California, will eventually release the transcript and that "Cohen will be vindicated."
Generally, Trump's stance on pardons has been uneven, ranging from then-White House counsel Ty Cobb saying "no pardons are under discussion" to the President himself saying that pardoning Manafort "was never discussed but I wouldn't take it off the table."
Giuliani has publicly said pardons would not be considered while the investigation was ongoing.
Meanwhile, House Intelligence Committee Chairman Adam Schiff (D-CA) has introduced legislation to prevent the president from using his pardon power to avoid or obstruct justice.
From the press release:
The legislation would require that if the President pardons someone in connection with an investigation in which the President or one of his family members is a target, subject, or witness, the evidence against the recipient of the pardon would be provided to Congress by the Department of Justice.
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“The Abuse of the Pardon Prevention Act creates a powerful check against deploying pardons in cases involving the president or his immediate family by ensuring that any evidence gathered in such an investigation is provided to Congress. The rule of law requires that a president use the pardon power only for reasons separate from his own criminal exposure,” [Schiff said].
Cohen's portrayal of pardon possibility sparks denials, more investigation and GOP ire (CNN)
Schiff Introduces Legislation to Prevent Abuse of Presidential Pardons (press release)