President's Society Prepares for Democratic Inquiry



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While the Trump organization has a long tradition of prosecution and is currently the subject of multiple investigations by state and federal authorities, the prospect of a democratically controlled, armed House power of summons and anxious to investigate all aspects of the president's life, presents a different threat. In total, according to interviews with several people familiar with internal discussions at the company or close to the president's legal team.

Republicans still hold the Senate, but a Democratic majority in the House can make life difficult for the Trump organization. Committee chairs may train executives at public hearings and require testimony about all relationships of the private corporation. They can also flood it with document requests.

In the aftermath of the elections, executives reminded staff to preserve the archives, according to someone familiar with the conversations. They also considered using an additional external lawyer, said this person, especially to a company specializing in government investigations. Although we do not really know how serious this option is – two other people familiar with Trump's legal team say they are not aware of any effort to engage more money. lawyers – this would constitute a significant change for the president's family business, which tends to rely on a tight group of long-standing loyal leaders and lawyers.

Two of the company's lawyers told CNN that they were comfortable with their current team, well prepared and experienced in view of the number of prosecutions over the years. One could also think, perhaps, that democratic investigations might not be as politically damaging as some of the president's relatives fear.

Lawyers close to the president and his company suggest that Democrats moderate their investigations once they formally take over next year, while pressure is being exerted to balance the potential political fallout of trying to convince the Trump Organization to guard against other investigative priorities, such as government spending. by cabinet members. Some of these same lawyers expect Congress to adopt a more moderate tone in order to advance other democratic priorities such as the protection of health care and the adoption of a package of infrastructure measures. .

Open investigations

Whatever the case may be, the takeover of the House by Democrats is still in over a month. Until then, the Trump organization will continue to handle two open investigations and the threat of a third. The New York State's Tax and Finance Department is investigating allegations of tax evasion, CNN reported, while the US Attorney's Office in Manhattan was investigating whether executives were violating the laws on financing the tax. election campaign to facilitate secret payments of women presuming business. This investigation is the subject of an "ongoing" investigation by the grand jury, according to documents filed by the court and a person familiar with the case.

The New York Attorney General's office is currently pursuing a civil lawsuit against the president's charitable foundation, the Donald J. Trump Foundation, as well as the president himself and his adult children. The office is also questioning the possibility of continuing a criminal investigation into the charity, an effort that could affect the Trump Organization, given the proximity between the non-profit enterprise profit and society. Tish James, newly elected Attorney General, went to the presidency promising the voters an aggressive prosecution of the president.

The Trump organization also has the problem of Michael Cohen, a former vice president of the company and long-time Trump lawyer, who pleaded guilty in August to eight charges brought by the US Attorney's Office in Manhattan. Cohen has spoken with federal investigators and should be sentenced on December 12. Allen Weisselberg, chief financial officer of the Trump Organization, has enjoyed limited immunity for his cooperation in the prosecutor's investigations on Cohen. Weisselberg's cooperation is limited to the Cohen investigation.

Mr. Weisselberg and his long-time legal adviser, Alan Garten, are among the 30 people linked to the president and his trade relations that California Democratic Representative Adam Schiff would like to question. Schiff, the future chairman of the House 's Intelligence Committee, said he would make the investigation a possible priority on possible money laundering in Russia. This includes potential money laundering through the Trump Organization, as well as foreign currency payments to former Trump campaign advisers Paul Manafort and Rick Gates, both of whom pleaded guilty to financial crimes in the United States. Special advocate investigation framework.
If and when Democrats launch new investigations into the president's affairs, the Trump organization plans to put forward prior cooperation with Congressional committees as evidence of the good faith efforts that he has made in the past, said the person familiar with his projects. The Cabinet has transmitted documents to various congressional committees over the last two years, providing documents to lawmakers who were investigating the election interference in Russia and responding to requests for information on how to conduct an election. possible violations of the anti-corruption clauses of the Constitution, so-called emoluments clauses.

Existing assignments

Regarding ethical issues, including emoluments, the Trump organization responded to about 85 percent of applications, he added. The Democratic staff members disagree with the description, noting that many of the responses did not provide enough or no information.

In a response to Maryland Representative Elijah Cummings' request in 2017 for how the company tracks payments from foreign governments, the company presented an overview of the system it had designed to control foreign government revenue. and how to calculate the profits generated. The legislator has deprecated the Trump organization's plan, calling it a "brochure" that "raised serious concerns".

Democrats have said that the hundreds of letters they have sent in the past two years – either asking for documents themselves or imploring Republicans to investigate various issues – are a road map for majority inquiries. and the Trump Organization has been a frequent target. in several committees.

The Democrats are still deciding which of these surveys they want to prioritize. The Democratic assistants say that there is not yet a checklist on how investigations will be launched at the new Congress, but the number of committees wishing to probe the Trump organization – there there are at least five – indicates that the company will be a top priority, especially with regard to issues such as foreign payments to Trump, money laundering allegations by Russia and the US access to Trump's personal tax returns.

"I've always thought the key was to follow the money," said Washington representative Denny Heck, Democrat on the House Intelligence Committee. "That would be what I wanted most: to do something to resolve some of the questions that had been asked as to whether the Russians exercised undue influence over President Trump because of pre-existing financial problems."

Trump's relationship with Deutsche Bank, which was fined as part of a Russian money-laundering scheme, is a subject that many committees have wished to examine, given its history of business loans and projects related to Trump. California Representative Maxine Waters, who is expected to chair the House's Financial Services Committee, has called for the opening of an investigation into Deutsche Bank and sent letters requesting information about her operations in Russia. and whether accounts held by Trump and his family were related to Russia.

A spokesman for the bank declined to comment on the change of management and told CNN a previous statement that "Deutsche Bank takes its legal obligations seriously and remains committed to cooperating with authorized investigations".

In search of lawyers

The president's society is confronted with a situation that is not so different from that of the president himself. While the investigation led by the special advocate Robert Mueller on Russian interference in the elections enters its final phase and as House democrats prepare to launch a barrage of investigations , the White House seeks to hire up to two dozen lawyers to fulfill its duties as a lawyer. exhausted in recent months, following the departure of the lawyers.

But there is a difference between hiring lawyers for the White House and the president's society. Taxpayers pay the bill for these White House lawyers, while the money to defend his business comes from the Trump family. Over the years, the company has been reluctant to spend a lot of money to appeal to many expensive lawyers. Instead, she decided to rely on a small group of loyal people to solve her legal problems.

The company's main outside lawyer is Alan Futerfas, a New York-based criminal defense lawyer who represents not only the Trump Organization, but also the eldest sons of the president, Donald Jr and Eric, who now run the company. Futerfas' company, consisting of only three senior lawyers, was the front-line response team following multiple investigations by Mueller's office, Manhattan federal prosecutors and several congressional committees.

Futerfas works in close collaboration with Garten, the general counsel of the company. Although Futerfas handled most of the inquiries for the company and its sons, the interests of these clients could sometimes diverge, hence the need to engage another group of lawyers to represent only the society. Futerfas and Garten did not respond to requests for comment. The Trump Organization either.

The lines between Trump's interests and those of his company were indistinguishable before he arrived at the White House. When he took office in January 2017, he placed his assets in trust and entrusted the day-to-day management of his business to Donald Jr and Eric. Over the years, Trump has turned to a trusted set of outside law firms to represent him at once. This includes the firm Morgan Lewis, who advised Trump on tax issues, as well as two lawyers in particular, Marc Kasowitz and Larry Rosen.

Kasowitz, a longtime Trump lawyer, continues to be involved in various cases for the president, including defending him in the defamation lawsuit filed by Summer Zervos, a former competitor of The Apprentice. Kasowitz was one of the first members of the legal team of the chairman in charge of the affairs arising from the investigation into the Mueller case, but in July 2017 he left the place to John Dowd , who left in May 2018.

Rosen has represented Trump since the early 1990s. He has been involved more recently in campaign issues and a defamation suit against the president by GOP strategist Cheryl Jacobus. He also represented Cohen in an arbitration dispute regarding payments to Stormy Daniels, the adult film actress who allegedly had sex with Trump. The White House has denied his allegations.

Earlier this year, following a reshuffle of the president's private defense team, some large law firms seized the opportunity to defend him as part of the Mueller investigation. If the Trump organization decides to call on more lawyers, it may face similar problems, with some lawyers feeling that the president and his company are not paying their fees. 39; lawyer. At least three defense lawyers based in New York and D.C. have raised this issue as a concern for CNN – although none of these has been approached by the company to represent it. One lawyer said his firm's policy was not to collaborate with the company. Businesses have also refused because other customers have been reluctant to be associated with the president, his family or his business.

Ultimately, the extent of surveillance on society will become clear when Democrats take control of the House in January.

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