Federal
investigators have provided ample evidence that President Trump was
involved in deals to pay two women to keep them from speaking publicly
before the 2016 election about affairs that they said they had with him.
But it turns out that Mr. Trump wanted to go even further.
He
and his lawyer at the time, Michael D. Cohen, devised a plan to buy up
all the dirt on Mr. Trump that the National Enquirer and its parent
company had collected on him, dating back to the 1980s, according to
several of Mr. Trump’s associates.
The
existence of the plan, which was never finalized, has not been reported
before. But it was strongly hinted at in a recording that Mr. Cohen’s
lawyer released last month of a conversation about payoffs that Mr.
Cohen had with Mr. Trump.
“It’s all the stuff — all the stuff, because you never know,” Mr. Cohen said on the recording.
The
move by Mr. Trump and Mr. Cohen indicated just how concerned they were
about all the information amassed by the company, American Media, and
its chairman, David Pecker, a loyal Trump ally of two decades who has
cooperated with investigators.
It is not clear yet whether the proposed plan to purchase all the
information from American Media has attracted the interest of federal
prosecutors in New York, who last week obtained a guilty plea from Mr. Cohen over a $130,000 payment
to the adult film actress Stephanie Clifford, also known as Stormy
Daniels, and a $150,000 payment to a Playboy model, Karen McDougal.
But the prosecutors have provided at least partial immunity to Mr. Pecker, who is a key witness in their inquiry into payments made on behalf of Mr. Trump during the 2016 campaign.
In providing the guilty plea,
Mr. Cohen had said the payments to the women came at Mr. Trump’s
direction as part of a broader effort to protect his candidacy. The
discussed purchase of American Media’s broader cache of Trump
information appears to have been part of the same effort.
The
people who knew about the discussions would speak about them only on
condition of anonymity, given that they are now the potential subject of
a federal investigation that did not end with Mr. Cohen’s plea.
Lawyers for Mr. Trump and Mr. Cohen declined to comment for this article as did American Media.
It
is not known how much of the material on Mr. Trump is still in American
Media’s possession or whether American Media destroyed any of it after
the campaign. Prosecutors have not said whether they have obtained any
of the material beyond that which pertains to Ms. McDougal and Ms.
Clifford and the discussions about their arrangements.
For
the better part of two decades, Mr. Pecker had ordered his staff at
American Media to protect Mr. Trump from troublesome stories, in some
cases by buying up stories about him and filing them away.
In
2016, he kept his staff from going back through the old Trump tip and
story files that dated to before Mr. Pecker became company chairman in
1999, several former staff members said in interviews with The New York
Times.
That meant that American
Media, the nation’s largest gossip publisher, did not play a role during
the election year in vetting a presidential candidacy — Mr. Trump’s —
made for the tabloids.
Mr. Pecker also worked with Mr. Trump and Mr. Cohen to buy and bury Ms. McDougal’s story of an affair with Mr. Trump, a practice known as “catch and kill.” Mr. Cohen admitted as much in making his guilty plea last week.
In
August 2016, American Media acquired the rights to Ms. McDougal’s story
in return for $150,000 and commitments to use its magazines to promote
her career as a fitness specialist. But American Media never published
her allegations about a relationship with Mr. Trump.
Shortly
after American Media completed the arrangement with Ms. McDougal at Mr.
Trump’s behest, a troubling question began to nag at Mr. Trump and Mr.
Cohen, according to several people who knew about the discussions at the
time: What would happen to America Media’s sensitive Trump files if Mr.
Pecker were to leave the company?
Mr. Cohen,
those people said, was hearing rumors that Mr. Pecker might leave
American Media for Time magazine — a title Mr. Pecker is known to have
dreams of running.
There was
perennial talk about American Media’s business troubles. And Mr. Trump
appeared to take a world-wearier view of the wisdom of leaving his
sensitive personal secrets in someone else’s hands:
“Maybe
he gets hit by a truck,” Mr. Trump said of Mr. Pecker in a conversation
with Mr. Cohen, musing about an unfortunate mishap befalling his good
friend.
Mr. Cohen captured that conversation on a recording
that his adviser released roughly a month before his guilty plea, which
included two counts of campaign finance violations relating to the
payments to Ms. Clifford and Ms. McDougal. The recording was given to
CNN after Mr. Trump’s main lawyer, Rudolph W. Giuliani, acknowledged its
existence to The New York Times.
When
The Times first reported that the recording had been discovered by the
F.B.I., people close to Mr. Cohen and Mr. Trump initially described it
in the narrow context of Ms. McDougal’s deal.
But Mr. Cohen, in fact, indicates in the audio that he and Mr. Trump are speaking about an arrangement involving far more.
“I
need to open up a company for the transfer of all of that info,
regarding our friend David,” Mr. Cohen says in reference to Mr. Pecker.
The plan got
far enough along that Mr. Cohen relays in the recorded conversation that
he had discussed paying for all the information from American Media
with the Trump Organization’s chief financial officer, Allen
Weisselberg.
“I’ve spoken to Allen
Weisselberg about how to set the whole thing up,” he says, adding about
Mr. Pecker, “We’ll have to pay him something.”
In the end, the deal never came together.
When
Mr. Cohen pleaded guilty, prosecutors said in court documents that Mr.
Cohen and American Media did enter into a deal in which Mr. Cohen agreed
to pay the company $125,000 for the rights to Ms. McDougal’s story.
After
the deal was signed but before Mr. Cohen paid, prosecutors said,
American Media backed out of the arrangement and warned Mr. Cohen to
shred the paperwork (he did not).
Prosecutors
said there had been discussions between Mr. Pecker and Mr. Cohen in
which Mr. Cohen said American Media would be reimbursed for the payment
to Ms. McDougal.
The notoriously
frugal Mr. Trump balked at doing so, causing Mr. Pecker anxiety about
explaining the payout to his board, according to a person briefed on the
discussions. It was unclear whether Mr. Trump ever provided a
reimbursement.
Mr. Weisselberg
ultimately provided information about Mr. Cohen under a deal that
protected him from self-incrimination. As prosecutors continue in their
investigation, Mr. Weisselberg could serve as a particularly helpful
guide through the Trump Organization’s operations.
Mr. Pecker,
whose company is expected to be of continued interest in the
investigation, has a similar arrangement with prosecutors. Potentially
as worrisome for Mr. Trump and his advisers, Mr. Pecker could be a
particularly knowing guide through any other potentially illegal efforts
made to protect Mr. Trump’s candidacy from his own less savory
exploits.
“The only thing better than
a single piece of evidence is multiple pieces of evidence,” said Jeff
Tsai, a lawyer now in private practice who, as a Justice Department
public integrity section lawyer, had served on the team that prosecuted Senator John Edwards on campaign finance charges in 2012.
He
added, “Look to whom the government is reportedly giving immunity to.
Those individuals are the ones who would have knowledge about what, if
anything, the campaign at the highest, or lowest, or any level in
between had on this issue.”
People
with knowledge of American Media’s operations, who would speak only on
condition of anonymity, described the files on Mr. Trump as mostly older
National Enquirer stories about Mr. Trump’s marital woes and lawsuits;
related story notes and lists of sensitive sources; some tips about
alleged affairs; and minutia, like allegations of unscrupulous golfing.
As The Associated Press reported last week, some of the information was kept in a safe devoted to particularly sensitive material.
Many of the older National Enquirer stories are often not accessible through Google or databases like Nexis.
Several
former American Media staff members said that at the very least, the
material the company had on Mr. Trump would have put its flagship, The
Enquirer, in a prime position to dominate on coverage of Mr. Trump’s
scandalous past.
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