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    Federal Prosecutors Issue Sentencing Recommendations for Former Trump Attorney, Michael Cohen

    Federal Prosecutors Issue Sentencing Recommendations for Former Trump Attorney, Michael Cohen

    “…weighs heavily in favor of a substantial term of imprisonment. In particular, the nature and seriousness of the offenses and the need to promote respect for the law and afford adequate deterrence are especially weighty considerations”

    https://www.youtube.com/watch?v=ZJWhIW_b0A8

    Friday afternoon, federal prosecutors issued a sentencing memorandum recommending “a substantial term of imprisonment” for former Trump attorney, Michael Cohen.

    “As set forth herein, consideration of the factors set forth in 18 U.S.C. § 3553(a) weighs heavily in favor of a substantial term of imprisonment. In particular, the nature and seriousness of the offenses and the need to promote respect for the law and afford adequate deterrence are especially weighty considerations,” says the memo.

    Cohen pleaded guilty to charges of tax evasion, fraud, and lying to Congress.

    Buzzfeed has the rundown:

    Federal prosecutors in Manhattan suggest that Cohen should spend about three-and-a-half years in prison, although they do not provide a specific time-length recommendation.

    The sentencing memorandum was filed on Friday afternoon in federal court in New York. It recommends “a modest downward variance” from the recommended range of 51 to 63 months in prison. In a footnote, the prosecutors note that the probation office “similarly” recommended such a variance and noted that the ultimate recommendation by that office is for a sentence of 42 months’ imprisonment.

    For his part, special counsel Robert Mueller filed a second memorandum, recommending no additional prison time for Cohen’s more recent guilty plea for lying to Congress. He said it would be “appropriate” that Cohen serve any sentence in that case concurrently with any sentence in the case brought by the federal prosecutors in New York.

    Earlier this week, US District Judge William Pauley had order the prosecutors’ offices to deliver their sentencing memoranda to his office by 5 p.m. Friday.

    Cohen’s filing, which was submitted a week ago, asked to avoid prison time.

    Memo here:

    Federal Prosecutor Sentencing Recommendations, Michael Cohen by Legal Insurrection on Scribd

    Story is developing. More as we have it.

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    Comments

    So if I’m reading this right, four charges. 1-3 are tax charges that should have been in the IRS court, and charge #4 is a claim by the prosecution that paying off mistresses is a legitimate campaign expense. (which is 180 degrees from present law, if I remember right)


       
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      Gremlin1974 in reply to georgfelis. | December 7, 2018 at 6:28 pm

      Yea, but remember it’s a Plea Deal not a finding of law by a judge or jury.


         
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        Ragspierre in reply to Gremlin1974. | December 7, 2018 at 6:48 pm

        I accidentally up-ticked you.

        A plea deal is ABSOLUTELY a finding of law made by a judge.


           
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          Gremlin1974 in reply to Ragspierre. | December 7, 2018 at 8:27 pm

          I probably said that poorly. It mainly concerned the; “charge #4 is a claim by the prosecution that paying off mistresses is a legitimate campaign expense. (which is 180 degrees from present law, if I remember right)”. If it is contrary to current law (I honestly have no clue) then it doesn’t change that law or set president. Or does it heck I am not the Lawyer, lol.

          Also, can’t they basically put whatever they want in a plea deal?


           
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          Valerie in reply to Ragspierre. | December 7, 2018 at 8:51 pm

          C’mon, Rags, a plea deal is not a ruling until the judge rules on it. We are at the pre-ruling step.


           
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          Mac45 in reply to Ragspierre. | December 7, 2018 at 9:15 pm

          No, Rags is entirely correct here. Cohen did not plead nolo contendere, no contest, he pled guilty in order to get the deal. When the judge accepted the plea deal, he essentially ruled that Cohen was guilty of the charges and that the charges accurately reflect current law. Cohen was ruled to be in violation of those laws. We are now in the sentencing phase. Cohen has been adjudicated guilty of violating the enumerated laws and the court is merely deciding what his penalty should be.


           
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          Milhouse in reply to Ragspierre. | December 8, 2018 at 10:13 pm

          But how can the judge make a finding about the law, when no party is challenging it? If both parties agree on the same interpretation of a statute but the judge thinks it’s wrong, wouldn’t his saying so constitute an advisory opinion?


       
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      Jackie in reply to georgfelis. | December 7, 2018 at 7:21 pm

      He was told to plead guilty to the campaign stuff even though he didn’t break the law or they would crush him.

    “…the need to promote respect for the law…”

    Are you fucking kidding me? After eight years of blatant lawlessness in the Jugears administration and everybody skated. Shit, they didn’t just skate they DANCED through it getting their dance cards punched (immunity deals, pay-to-play, etc) the whole way.

    These swamp critters make me sick.


     
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    Gremlin1974 | December 7, 2018 at 6:28 pm

    “In particular, the nature and seriousness of the offenses and the need to promote respect for the law and afford adequate deterrence are especially weighty considerations”

    Unless their name is Clinton or they are a Democrat.

    So Cohen had already compromised himself, got caught up in an unrelated matter when Trump became POTUS and resolved to try and salvage himself by selling out Trump?

    May we presume that Cohen has already surrendered his license to practice law?

    Pigs get fat, hogs get slaughtered.

    Haha, maybe he was “in love” with Stormy and felt jilted.

      Are you a former student of Alvin Leonard Storrs at Michigan State University College of Law?

      “Pigs get fat, Hogs get slaughtered” was something he used to say in his Tax classes to us students studying Tax Law ALL the time.

    “I would take a bullet for Trump”. MIchael Cohen, half a rat. You get what you deserve by your own hand. No whining.

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