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rickhasen's profile
Rick Hasen
Rick Hasen
Rick Hasen
Verified account
@rickhasen

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Rick HasenVerified account

@rickhasen

Professor of Law and Political Science at UC Irvine; Election Law Blogger. Author #JusticeofContradictions coming March 2018 http://amzn.to/2CoWbzx 

Studio City, California
electionlawblog.org
Joined June 2009

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    Rick Hasen‏Verified account @rickhasen Apr 5

    Rick Hasen Retweeted Rebecca Ballhaus

    Why couldn’t Trump have given his lawyer Michael Cohen a broad agency power to enter into agreements benefitting him on his behalf? Seems like a smart way to maintain distance from his fixerhttps://twitter.com/rebeccaballhaus/status/982011590135439360 …

    Rick Hasen added,

    Rebecca BallhausVerified account @rebeccaballhaus
    Trump’s denial of any knowledge of the payment could help Stormy Daniels’s argument that her NDA is invalid, according to legal experts who say the contract language require’s Trump assent. https://www.wsj.com/articles/trump-denies-knowledge-of-130-000-payment-to-former-porn-star-1522963827 …
    2:48 PM - 5 Apr 2018
    • 4 Retweets
    • 12 Likes
    • Jeffrey Perlman 🔥 Asucena Jim Blevins Vicky4CountyClerk Pamela 🎃 Ellen Greaves Jennifer Rubin Piper McDeere
    13 replies 4 retweets 12 likes
      1. New conversation
      2. bmaz‏ @bmaz Apr 5
        Replying to @rickhasen

        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?

        1 reply 0 retweets 1 like
      3. Rick Hasen‏Verified account @rickhasen Apr 5
        Replying to @bmaz

        I don’t think campaign finance issue turns at all on enforceability of the contract. Relevant if Trump did not pay, however

        1 reply 0 retweets 0 likes
      4. bmaz‏ @bmaz Apr 5
        Replying to @rickhasen

        Oh, agree with that, but he just stated he did not.

        0 replies 0 retweets 0 likes
      5. End of conversation
      1. Jonathan Stern‏ @jonstern611 Apr 5
        Replying to @rickhasen

        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?

        0 replies 0 retweets 1 like
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      1. Hardwork2u‏ @Arlington920 Apr 6
        Replying to @rickhasen

        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

        0 replies 0 retweets 0 likes
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      1. Jack Harrison‏ @jbh502 Apr 5
        Replying to @rickhasen

        Did Trump say that?

        0 replies 0 retweets 0 likes
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      1. a dog, in doggles‏ @DogInDoggles Apr 5
        Replying to @rickhasen

        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.)

        0 replies 0 retweets 0 likes
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      1. Individual-1‏ @lex_nyc Apr 5
        Replying to @rickhasen

        He could have. The issue here is that Cohen signed only as an agent of EC, not as an agent of "DD".

        0 replies 0 retweets 0 likes
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      1. Michael Warnken‏ @michael_warnken Apr 5
        Replying to @rickhasen

        You guys are chasing your own tail here!

        0 replies 0 retweets 0 likes
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      1. Michael Connor‏ @warbler44 Apr 5
        Replying to @rickhasen

        Lawyers completing deals without their clients' knowledge sounds really brilliant.

        0 replies 0 retweets 0 likes
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      1. adub‏ @AlanWindham Apr 5
        Replying to @rickhasen

        If he admitted that, he’d be admitting that Cohen made the payment as his agent, that essentially he’d paid Daniels.

        0 replies 0 retweets 0 likes
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      1. Joe FF‏ @joeff53 Apr 5
        Replying to @rickhasen

        Aren’t agents acts ultimately imputed to principal? If so, what’s the point?

        0 replies 0 retweets 0 likes
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      1. Tiberius Gracchus‏ @TiberiGracchus Apr 5
        Replying to @rickhasen

        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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      1. Christian Sporleder‏ @CASporleder Apr 5
        Replying to @rickhasen

        One small problem. That would have required forethought.

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      1. New conversation
      2. (((Werewolf Bar Kochba)))‏ @dickius Apr 5
        Replying to @rickhasen

        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.

        1 reply 0 retweets 0 likes
      3. (((Werewolf Bar Kochba)))‏ @dickius Apr 5
        Replying to @dickius @rickhasen

        *Cohen

        0 replies 0 retweets 0 likes
      4. End of conversation

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