Plea Deal Claims 'Notoriously Unreliable': Legal Analysis of Trump's Potential Trouble from Cohen

James Duane, a Regent University law professor and former defense attorney, joined CBN's Faith Nation to discuss President Trump's potential troubles from the Michael Cohen confession.

President Trump has a few choice remarks to say about his former longtime lawyer Michael Cohen.

In his first public comments following Cohen's confession that he violated certain laws during the 2016 presidential election, Mr. Trump criticized his former attorney for "flipping" on him.

"(Cohen) makes a better deal when he uses me, like everybody else," Trump told Fox News. "And one of the reasons I respect Paul Manafort so much is he went through that trial—you know they make up stories. People make up stories. This whole thing about flipping, they call it, I know all about flipping."

"For 30, 40 years I've been watching flippers," Trump added. "Everything's wonderful and then they get 10 years in jail and they—they flip on whoever the next highest one is, or as high as you can go."

Cohen pleaded guilty Tuesday to eight counts of financial fraud, tax evasion, and campaign finance violations, saying the president directed him to pay off two women who each claim to have had affairs with the president. Cohen could face 65 years in prison if found guilty on all charges.

Trump Explains His Association with Cohen

In a tweet Wednesday, Trump had some advice for anyone looking to hire his former attorney:

"If anyone is looking for a good lawyer," the president said, "I would strongly suggest that you don't retain the services of Michael Cohen!"

Trump seemed to distance himself even more from Cohen when asked by FOX News to describe his decades-long relationship with his former attorney.

"He was a lawyer for me, one of many," Trump told Fox News. "You know, they always say, 'the lawyer,' and then they like to add 'the fixer.' Well, I don't know if he was a 'fixer.' I don't know where that term came from. But he's been a lawyer for me. Didn't do big deals, did small deals. Not somebody that was with me that much."

Trump added: "You know, they make it sound like I didn't live with—without him. I understood Michael Cohen very well. He—well, it turned out he wasn't a very good lawyer, frankly."

What Are the Legal Ramifications for Trump?

Legal experts say the jury is still out on whether Cohen's bombshell admission in court Tuesday means the president is also guilty of violating campaign finance rules.

"According to the terms of the plea agreement that Michael Cohen entered in federal court, he is alleging that the criminal activity that he conducted was done with the consent of the president and at the direction of the president," James Duane, a Regent University law professor and former defense attorney, told CBN's Faith Nation.

"Obviously, we don't know yet whether that's true, and we all know from experience that the statements that are made by people that are pleading and are trying to spread the blame are notoriously unreliable," Duane added.

Other experts say the central issue could come down to whether the president "knowingly and willfully" broke the law when he allegedly "directed" Mr. Cohen to pay two women to keep silent about affairs that he had with them. Professor Duane said that's a case the Justice Department will have to decide on.  

"If those allegations can be proved, there is a possibility that the Justice Department might decide to pursue an indictment against the president," Duane told CBN News.

While some legal experts say it's unlikely the president faces an indictment while in office, it doesn't preclude Mr. Trump from facing charges in the future.

"There's nothing in the Constitution that says a president has lifetime immunity from criminal prosecution for crimes that he commits while he's in the office or while he's running for office," Duane said.

Watch more of Professor's Duane's legal analysis of Trump's potential trouble from the Cohen confession above.