Trump was in the room during hush money discussions with tabloid publisher
A source confirmed to NBC News that Trump was the "other member of the campaign" present when Michael Cohen and David Pecker agreed to silence women.
The silhouette of Donald Trump, presumptive 2016 Republican presidential nominee, is seen on stage during the Republican National Convention (RNC) in Cleveland, Ohio on July 18, 2016.John Taggart / Bloomberg via Getty Images file
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As part of a nonprosecution agreement disclosed Wednesday by federal prosecutors, American Media Inc., the Enquirer's parent company, admitted that "Pecker offered to help deal with negative stories about that presidential candidate's relationships with women by, among other things, assisting the campaign in identifying such stories so they could be purchased and their publication avoided."
The "statement of admitted facts" says that AMI admitted making a $150,000 payment "in concert with the campaign," and says that Pecker, Cohen and "at least one other member of the campaign" were in the meeting. According to a person familiar with the matter, the "other member" was Trump.
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Daniel Goldman, an NBC News analyst and former assistant U.S. attorney said the agreement doesn't detail what Trump said and did in the meeting. "But if Trump is now in the room, as early as August of 2015 and in combination with the recording where Trump clearly knows what Cohen is talking about with regarding to David Pecker, you now squarely place Trump in the middle of a conspiracy to commit campaign finance fraud."
A spokesperson for the U.S. Attorney's Office for the Southern District of New York, which investigated Cohen's hush-money payments to Stormy Daniels and Karen McDougal, declined to comment.
McDougal, a former Playboy Playmate, and her lawyers have said that the National Enquirer paid her $150,000 in August 2016 as part of a "catch-and-kill" strategy to keep the story from circulating publicly.
When Cohen pleaded guilty to arranging the payments in August, he said he had done so "at the direction" of an unnamed candidate, and that a $150,000 payment prior to the 2016 election was "for the principal purpose of influencing" the election. The meeting between Cohen, Pecker and unnamed other parties to discuss suppressing stories was referenced in the criminal information document to which Cohen pleaded guilty. The document also refers to "at least one other member of the campaign" being present.
The statement of admitted facts says that AMI's "principal purpose in making the payment was to suppress the woman's story so as to prevent it from influencing the election." Rudy Giuliani, a lawyer for the president, has said the payments were made to spare Trump's family from embarrassment.
I never directed Michael Cohen to break the law. He was a lawyer and he is supposed to know the law. It is called “advice of counsel,” and a lawyer has great liability if a mistake is made. That is why they get paid. Despite that many campaign finance lawyers have strongly......
On Wednesday, Judge William Pauley sentenced Cohen to a total of 36 months behind bars, and three years of post-release supervision, for tax evasion, violating campaign finance law and other charges. The judge ordered him to pay almost $1.4 million in restitution and forfeit $500,000, while fining him $50,000 for lying to Congress. Cohen must turn himself in to start serving his sentence by March 6.
At his sentencing, Cohen said that "time and time again, I felt it was my duty to cover up [Trump's] dirty deeds."
President Trump tweeted after the sentencing that he "never directed Michael Cohen to break the law."
The White House did not immediately respond to a request for comment.
Tom Winter is a New York-based correspondent covering crime, courts, terrorism, and financial fraud on the East Coast for the NBC News Investigative Unit.