The President Sends Messages of Support to Cohen

¶In January 2018, the media reported that Cohen had arranged a $130,000 payment during the campaign to prevent a woman from publicly discussing an alleged sexual encounter she had with the President before he ran for office.¹⁰⁰⁷¹⁰⁰⁷ See, e.g., Michael Rothfeld & Joe Palazzolo, Trump Lawyer Arranged $130,000 Payment for Adult-Film Star's Silence, Wall Street Journal (Jan. 12, 2018). This Office did not investigate Cohen's campaign-period payments to women.¹⁰⁰⁸¹⁰⁰⁸ The Office was authorized to investigate Cohen's establishment and use of Essential Consultants LLC, which Cohen created to facilitate the $130,000 payment during the campaign, based on evidence that the entity received funds from Russian-backed entities. Cohen's use of Essential Consultants to facilitate the $130,000 payment to the woman during the campaign was part of the Office's referral of certain Cohen-related matters to the U.S. Attorney's Office for the Southern District of New York.Show full note However, those events, as described here, are potentially relevant to the President's and his personal counsel's interactions with Cohen as a witness who later began to cooperate with the government.

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¶On February 13, 2018, Cohen released a statement to news organizations that stated, "In a private transaction in 2016, I used my own personal funds to facilitate a payment of $130,000 to [the woman]. Neither the Trump Organization nor the Trump campaign was a party to the transaction with [the woman], and neither reimbursed me for the payment, either directly or indirectly."¹⁰⁰⁹¹⁰⁰⁹ See, e.g., Mark Berman, Longtime Trump attorney says he made $130,000 payment to Stormy Daniels with his money, Washington Post (Feb. 14, 2018). In congressional testimony on February 27, 2019, Cohen testified that he had discussed what to say about the payment with the President and that the President had directed Cohen to say that the President "was not knowledgeable . . . of [Cohen's] actions" in making the payment.¹⁰¹⁰¹⁰¹⁰ Hearing on Issues Related to Trump Organization Before the House Oversight and Reform Committee, 116th Cong. (Feb. 27, 2019) (CQ Cong. Transcripts, at 147-148) (testimony of Michael Cohen). Toll records show that Cohen was connected to a White House phone number for approximately five minutes on January 19, 2018, and for approximately seven minutes on January 30, 2018, and that Cohen called Melania Trump's cell phone several times between January 26, 2018, and January 30, 2018. Call Records of Michael Cohen.Show full note On February 19, 2018, the day after the New York Times wrote a detailed story attributing the payment to Cohen and describing Cohen as the President's "fixer," Cohen received a text message from the President's personal counsel that stated, "Client says thanks for what you do."¹⁰¹¹¹⁰¹¹ 2/19/18 Text Message, President's personal counsel to Cohen; see Jim Rutenberg et al., Tools of Trump's Fixer: Payouts, Intimidation and the Tabloids, New York Times (Feb. 18, 2018).

¶On April 9, 2018, FBI agents working with the U.S. Attorney's Office for the Southern District of New York executed search warrants on Cohen's home, hotel room, and office.¹⁰¹²¹⁰¹² Gov't Opp. to Def. Mot. for Temp. Restraining Order, In the Matter of Search Warrants Executed on April 9, 2018, 18-mj-3161 (S.D.N.Y. Apr. 13, 2018), Doc. 1 ("On April 9, 2018, agents from the New York field office of the Federal Bureau of Investigation . . . executed search warrants for Michael Cohen's residence, hotel room, office, safety deposit box, and electronic devices."). That day, the President spoke to reporters and said that he had "just heard that they broke into the office of one of my personal attorneys—a good man."¹⁰¹³¹⁰¹³ Remarks by President Trump Before Meeting with Senior Military Leadership, White House (Apr. 9, 2018). The President called the searches "a real disgrace" and said, "It's an attack on our country, in a true sense. It's an attack on what we all stand for." 1014 Cohen said that after the searches he was concerned that he was "an open book," th at he did not want issues ar ising from th e payments to wom en to "come out," and that his false statements to Congress were "a big concern." 10 15

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¶A few days after the searches, the President called Cohen.¹⁰¹⁶¹⁰¹⁶ Cohen 3/ 19/ 19 302, at 4. 1011 Cohen 3/ 19/ 19 302, at 4. According to Cohen, the President said he wanted to "check in" and asked if Cohen was okay, and the President encouraged Cohen to " hang in there" and "stay strong ." 1017 Cohen also recalled th at following th e searches he hear d from individuals who were in touch with the President and relayed to Cohen the President's suppo1t for him.¹⁰¹⁸¹⁰¹⁸ Cohen 9/ 12/ 18 302, at 11. Cohen recalled that , a friend of the President 's, reached out to say that he was with "the Boss" in Mar-a-La o an d the President had said " he loves you" and not to wony. 1019 Cohen recalled that1i111m11M•• for the Trnmp Organization, told him, "th e boss loves you ." . . ., illillAllltillil a friend of th e President's, told him, "eve1yone knows the boss has your back."

¶On or about April 17, 2018, Cohen began speaking with an attorney, Robe1t Costello, who had a close relationship with Rudolph Giuliani, one of the President's personal lawyers. 1022 Costello told Cohen that he had a "back channel of communication" to Giuliani, and that Giuliani had said the "channel" was "crncial" and "must be maintained." 1023 On April 20, 2018, the New York Times published an article about the President's relationship with and treatment of Cohen. 1024 The President responded with a series of tweets predicting that Cohen would not "flip":

The New York Times and a third rate repo1ter ... are going out of their way to destroy Michael Cohen an d his relationship with me in the hope that he will ' flip.' They use non existent 'sources' and a drnnk/drngged up loser who hates Michael, a fine person with a wonderful family. Michael is a businessman for his own account/lawyer who I have always liked & respected. Most people will flip if the Government lets them out of trouble, even if it means lying or making up stories. Sorry, I don't see Michael doing that despite the horrible Witch Hunt and the dishonest media!¹⁰²⁵¹⁰²⁵ @realDonaldTrump 4/21/18 (9:10 a.m. ET) Tweets.

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¶In an email that day to Cohen, Costello wrote that he had spoken with Giuliani.¹⁰²⁶¹⁰²⁶ 4/21/18 Email, Costello to Cohen. Costello told Cohen the conversation was "Very Very Positive[.] You are 'loved'. . . they are in our corner. . . . Sleep well tonight[], you have friends in high places."¹⁰²⁷¹⁰²⁷ 4/21/18 Email, Costello to Cohen. [Redacted: (b) (6), (b) (7)(A), (b) (7)(C)]

¶Cohen said that following these messages he believed he had the support of the White House if he continued to toe the party line, and he determined to stay on message and be part of the team.¹⁰²⁸¹⁰²⁸ Cohen 9/12/18 302, at 11. At the time, Cohen's understood that his legal fees were still being paid by the Trump Organization, which he said was important to him.¹⁰²⁹¹⁰²⁹ Cohen 9/12/18 302, at 10. Cohen believed he needed the power of the President to take care of him, so he needed to defend the President and stay on message.¹⁰³⁰¹⁰³⁰ Cohen 9/12/18 302, at 10.

¶Cohen also recalled speaking with the President's personal counsel about pardons after the searches of his home and office had occurred, at a time when the media had reported that pardon discussions were occurring at the White House.¹⁰³¹¹⁰³¹ Cohen 11/20/18 302, at 7. At a White House press briefing on April 23, 2018, in response to a question about whether the White House had "close[d] the door one way or the other on the President pardoning Michael Cohen," Sanders said, "It's hard to close the door on something that hasn't taken place. I don't like to discuss or comment on hypothetical situations that may or may not ever happen. I would refer you to personal attorneys to comment on anything specific regarding that case, but we don't have anything at this point." Sarah Sanders, White House Daily Briefing, C-SPAN (Apr. 23, 2018).Show full note Cohen told the President's personal counsel he had been a loyal lawyer and servant, and he said that after the searches he was in an uncomfortable position and wanted to know what was in it for him.¹⁰³²¹⁰³² Cohen 11/20/18 302, at 7; Cohen 3/19/19 302, at 3. According to Cohen, the President's personal counsel responded that Cohen should stay on message, that the investigation was a witch hunt, and that everything would be fine.¹⁰³³¹⁰³³ Cohen 3/19/19 302, at 3. Cohen understood based on this conversation and previous conversations about pardons with the President's personal counsel that as long as he stayed on message, he would be taken care of by the President, either through a pardon or through the investigation being shut down.¹⁰³⁴¹⁰³⁴ Cohen 3/19/19 302, at 3-4.

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¶On April 24, 2018, the President responded to a reporter's inquiry whether he would consider a pardon for Cohen with, "Stupid question."¹⁰³⁵¹⁰³⁵ Remarks by President Trump and President Macron of France Before Restricted Bilateral Meeting, The White House (Apr. 24, 2018). On June 8, 2018, the President said he "hadn't even thought about" pardons for Manafort or Cohen, and continued, "It's far too early to be thinking about that. They haven't been convicted of anything. There's nothing to pardon."¹⁰³⁶¹⁰³⁶ President Donald Trump Holds Media Availability Before Departing for the G-7 Summit, CQ Newsmaker Transcripts (June 8, 2018). And on June 15, 2018, the President expressed sympathy for Cohen, Manafort, and Flynn in a press interview and said, "I feel badly about a lot of them, because I think a lot of it is very unfair."¹⁰³⁷¹⁰³⁷ Remarks by President Trump in Press Gaggle, The White House (June 15, 2018).