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Encrypted Communications Apps Failed To Protect Michael Cohen (fastcompany.com)

An anonymous reader shares a report: Within the detailed federal allegations against former Trump lawyer Michael Cohen, who pleaded guilty earlier this week to eight charges including campaign finance violations, are multiple references to texts sent by Cohen and even a call made "through an encrypted telephone application." Cohen was apparently a fan of encrypted communications apps like WhatsApp and Signal, but those tools failed to keep his messages and calls out of sight from investigators. In June, prosecutors said in a court filing the FBI had obtained 731 pages of messages and call logs from those apps from Cohen's phones. Investigators also managed to reconstruct at least 16 pages of physically shredded documents. Those logs, judging by the charging document, appear to have helped document at least Cohen's communications with officials at the National Enquirer about allegations from porn actress Stormy Daniels -- whom Cohen allegedly paid on behalf of Trump, violating campaign finance law. It's unclear if the FBI actually broke through any layers of encryption to get the data. It's possible that Cohen, who apparently at times taped conversations, stored the conversation logs in a less-than-secure way.

7 of 475 comments (clear)

  1. Re:Better Call Saul by Anonymous Coward · · Score: 2, Interesting

    Dude, Michael Cohen is Saul.

  2. Re:Trump now resorts to blackmail by Oswald+McWeany · · Score: 3, Interesting

    Now Trump resorts to no less than blackmail, publicly declaring that the U.S. economy would collapse if he was impeached.

    Honestly, he might be right. I doubt it would be as severe as he predicts but we're overdue for a downturn. Global economy is weak. Tarriffs are causing issues. Our GDP and employment numbers are strong- but real wages are down after inflation and falling.

    Any turbulence with the running of the country could cause a stock market shock and that might be all it takes to bring down the economy, it's already on shaky ground.

    --
    "That's the way to do it" - Punch
  3. Re:Really? by wizkid · · Score: 2, Interesting

    Hush Money is illegal if it comes out of campaign funds. It is not illegal if it comes out of other sources. This money did not come out of campaign funds, so Cohen is a idiot. That's easily traced.
    Lots of lawsuits are full of hush money. Cohen is either really stupid, or is trying to stick it to Trump.

    --
    I take no responsibility for what I say. Even though I'm never wrong :)
  4. Re: Really? by Anonymous Coward · · Score: 1, Interesting

    It is illegal to pay someone to keep quiet while running for office. Subtle, but important, difference.

  5. Looking for some illumination on this one.. by fish_in_the_c · · Score: 2, Interesting

    "Apparently in violation of campaign finance laws"
    I'm confused how paying off Denials was part of Trumps political campaign any more then any of the payments Bill Cosby made to those he was trying to keep silent. I mean, isn't 'protection your reputation' something you can do at any time regardless of running for public office? Aren't those kinds of payments normal for CEO's and various celebrities? He made a bunch of his staff sing NDA's , so does the salary of all of those staffers which was only received on condition of signing an NDA count as a campaign contribution?

    Not saying the man isn't dishonest or doesn't deserve what he get's here, but that seems like a real stretch of the law's intent if not it's actual practice.

    --
    âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
  6. Re: Really? by Anonymous Coward · · Score: 2, Interesting

    There's nothing illegal about any of it.

    Speaking of narratives that have been created for you.

    Ironically the judge and the prosecution seemingly don't agree with your assessment about the legality. But what do they know.

    Cohen even confessed. If it wasn't illegal, then why did he cop a plea?

    But yeah, keep telling everyone it's a narrative.

  7. Re: Really? by slack_justyb · · Score: 3, Interesting

    Running for office triggers a different set of rules. Don't run for office if you want to pay off your mistresses.

    I don't think this can be stated enough. When you run for political office the object is to keep things for the election fair and there's not a really good hard and fast rules about that so hence the reason it kind of goes to court if you dispute the FEC's idea of fair. Now that's not to say it's all a toss up, there are indeed straight up laws that say, "No you cannot accept money over this dollar amount from any one donor. No you cannot accept money of any amount from a foreign investor that has no vested stance in US politics (ie. foreign company that has an HQ here in the US vs does not have an HQ here in the US)" and so on. But ultimately the entire point is to keep things fair. As one would say, is the "spirit" of the law.

    So that said, paying hush money to keep a scandal from hitting the newspaper, is one of those things that: A. We don't have a hard rule that says that you cannot do that. B. Does raise the question as to how many people might not have voted for him had they found out about the affair. So that's going to be one of those things that a judge would need to rule on IF the FEC wanted to bring a case up about it. The funds might have indeed come from Trump's own pocket, but it does seem like it would beg the question of, "did that payment affect the election in some manner?" Maybe not, maybe so, but that's up for the FEC to determine if they want to ask a judge that question or not.

    However, that brings me to my point here. One, we don't know for sure if Trump paid personally for the hush money or used campaign funds, but there's clearly enough worry there that I'm sure a court would allow the subpoena of records to double check that. But that matter aside, even if it was paid for by personal funds, did the action sway voters, in essence, did it make the election unfair? And it's important that people going into the argument remember this, that paying hush money when running for office, you have to ensure that you maintain oneself in a manner to ensure that the election is conducted fairly. So the other person mentioned John Edwards and that's actually good because it brings in how difficult it is to test this "did it change the election results?" question. It ought to be a difficult question to test in court because there's so much that goes behind an election, it's incredibly difficult to point to one event and say, "yes, that one thing tipped the balance" unless, of course, it's a massive brouhaha that would have rightly changed the election results.

    So long story short, elections are supposed to be fair and there's things that aren't explicitly illegal that can make elections unfair. It's up to the FEC to take those things and bring them before a judge to weigh in on if that thing done did indeed make the election unfair. It's got a super high bar for the standard, as it should since elections are complex beast in of themselves. But the original question, "is it illegal to to pay hush money while running for office?" Doesn't have a clear answer since there isn't a law that explicitly states that, so it's a case by case kind of thing. But if you don't want to be needlessly investigated, it's best that you either don't make a payment and let the story hit or you do make a payment and then file the paperwork. Or you could go the third rail option here and just not be morally corrupt. There's not a law stating that you need to have any kind of moral compass when in office, but dang if it doesn't make a convincing case for your reelection or ousting in 2020. Just saying.