Okay. Simple answer, there is the factual basis Cohen plead to and the factual basis is to constitute as a crime. Which is to say Cohen admitted to facts which met the statutory elements and the judge accepted the plea and factual basis.
Now, as a matter of law, there is always the question of whether the factual basis Cohen admitted to and pled guilty to does meet the statutory elements of the statute. The former FEC individual in the opening post is essentially arguing the facts upon which Cohen pled guilty to and admitted do not violate the statute.
He's also admitting to facts not supported by the evidence, which in and of itself is reversible error. No, he did this for one reason and one reason only. Davis told him that insodoing, he could get a much lighter sentence. The Optics is what Lanny was looking for, he knows, as any tenured lawyer knows, this campaign violation amounts to nothing, is extremely hard to prove for prosecution, and even if found in favor of the prosecution would levy a small fine at best.. Lanny, is heavily in the Hillary camp and was probably as shocked as everyone else that she lost. What he did, with Cohen, although not illegal, was ethically challenged. Having your client cop to a crime he wasn't even charged with, that under normal circumstances would NEVER even budge the prosecution in lowering your real criminal charges and sentence, smell of collusion between a decrepit (Obama leftover) DOJ, hell bent on Trump's removal from office.
It also really makes me start to wonder about just who is in control of our nation. Revelations of late, considering the intelligence apparatus, and various elements within the DOJ, FBI, and others, gives rise to real concern about our democratic republic. We all think that we elect leaders to be in control, and those leaders check the other leaders, but really the true power of our government seems to come from unelected bureaucrats, and that is a very dangerous thing, and needs to be addressed fully. Obama completely destroyed the DOJ, and various other government agencies by weaponizing them, and incoming Presidents simply can't remove everyone all at the same time. If nothing else, what we're seeing with the transition from the Obama years is many, many holdovers that still have it out for Republican's, and think they simply know better than the American people.
To me, this is the scary times, as we all thought it went on, but until recently, never understood to what scope the corruption really is.
Terrifying to me!
Tim-
