Here’s where that argument risks leaving Cohen afoul of the law:
Defamation: If he never confirmed the Daniels story with Trump, then how can he accuse her of lying about their affair.
Professional Malfeasance: Lawyers are not allowed to freelance on behalf of their clients by entering into contractual agreements without informing them of the actions they are taking on their behalf. The bar will likely take issue with that.
Fraud: Cohen led Daniels to believe that she was entering into an agreement with Trump that he claims he never informed Trump of. Litman writes: “Such fraud, under contract law, would mean that the agreement was never properly formed. Certainly, a court or an arbitrator won’t take kindly to learning that an agreement it is being asked to enforce was, on this level, a sham.”
Making an illegal campaign contribution: The payment, “made less than two weeks before the election and three weeks after” Trump’s Access Hollywood brag-a-thon leaked, is impossibly coincidental.
Adding to Cohen’s woes, Daniels’ lawyer Michael Avenatti is now seeking more information from the Treasury Department about the “suspicious” $130,000 payment.