The special counsel’s Cohen sentencing brief is ominous for Trump

Also — and this is crucial — the memo notes that Cohen has been cooperating in describing the “circumstances of preparing and circulating his response to the congressional inquiries” [emphasis added].

In plain English, this means that it is highly likely that senior Trump officials reviewed Cohen’s prepared, false testimony before he lied to Congress. This raises two important questions. Was Trump aware of the substance of Cohen’s testimony? If so, was Trump aware that Cohen’s testimony was false?

As much as Trump’s defenders may want to minimize “process crimes,” it remains a fact that the last two articles of impeachment drafted against American presidents featured clear evidence of, yes, process crimes. Process crimes are still crimes. It is an enduring feature of political corruption that politicians will lie about things that aren’t illegal but are politically or personally embarrassing — and when they lie under oath or cause others to lie under oath they violate the law.