Then it still would be inconsistent with his and WH press sec denials, and would still be an issue as to campaign finance violation and Cohen's bar status, no?
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I don’t think campaign finance issue turns at all on enforceability of the contract. Relevant if Trump did not pay, however
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Oh, agree with that, but he just stated he did not.
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Since it's a settlement agreement and such authority would violate ethics rules, wouldn't that mean that Trump can't legally give such authority? In addition, it contains reps and warranties by trump, so isn't there fraud in the inducement if Trump did not know?
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A client can’t give his legal agent that kind of authority because the professional standards doesn’t allow it. Otherwise clients would have no exposure as it would all fall on the legal representation. Lawyers couldn’t survive because the clients would just turn on them too
pic.twitter.com/Nah4g8L4DO
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Did Trump say that?
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would require the scope of agency to encompass fixing, though. also seems like a ethics issue for Cohen, given lawyers obligation to present settlements to the client in NY. (agency doesn’t override that obligation absent a specific authorization for the particular settlement.)
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He could have. The issue here is that Cohen signed only as an agent of EC, not as an agent of "DD".
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You guys are chasing your own tail here!
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Lawyers completing deals without their clients' knowledge sounds really brilliant.
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If he admitted that, he’d be admitting that Cohen made the payment as his agent, that essentially he’d paid Daniels.
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Aren’t agents acts ultimately imputed to principal? If so, what’s the point?
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But if Prez didn't repay Cohen, doesn't that mean that Cohen made an illegal campaign contribution. What other purpose could have there been for a payment of that amount at that time?
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One small problem. That would have required forethought.
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If Cohn had power of attorney for Trump, he would have signed the agreement on Trump's behalf. He had pen in hand. Signature line was on the same page he signed.
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