Wednesday looks like a tough one for Donald Trump's lawyer, Will Scharf, and the former president as they were left off their guard by CNN's Kaitlan Collins' single question.
Collins directly asked Scharf, “You’re an attorney, obviously: Have you ever gotten a legal retainer that was grossed up by hundreds of thousands of dollars?”
This reference to the case involving Trump visibly unsettled Scharf, who struggled to deliver any viable response.
“Uh-uh-uh, I mean I’ve received payment for legal services in many ways before: contingency fees, fee per hour,” he tried to explain.
“I think different people come to different agreements.”
However, Collins persisted, seeking further clarification: “Have you ever been owed a certain amount, let’s say $100,000 that you did in billable hours and you got $330,000?”
{{/usCountry}}However, Collins persisted, seeking further clarification: “Have you ever been owed a certain amount, let’s say $100,000 that you did in billable hours and you got $330,000?”
{{/usCountry}}And this follow-up question seemed to disconcert further Scharf, who took a moment to collect his thoughts before responding.
Trump's lawyer somehow answered, “Kaitlan, I, respectfully, the point here is that the payments are ancillary to the case that the prosecution is trying to prove which relates to the records of the payments, not the payments themselves.”
“Hush-money reimbursement for hush money—none of that’s a crime.”
“What the prosecution is required to prove beyond a reasonable doubt is that business records in this case, entries made in President Trump's personal ledger were fake and were made with an intent to defraud and were made with an intent to cover up another crime. I don't think they're close to meeting that burden.”
ALSO READ| US presidential election: A look at candidates running for White House this year
The interaction between Collins and Scharf is revealing
Although Scharf is not directly involved in Trump’s hush-money case, his hesitance and difficulty in justifying the situation, despite his legal expertise, were apparent.
Trump faces 34 felony charges, accused of falsifying business records to commit or conceal another crime. The case alleges that Trump, through his former attorney and “fixer” Michael Cohen, paid pornstar Stormy Daniels to silence her about an alleged affair prior to the 2016 presidential election.
ALSO READ| Biden vs Trump: What to know as Jake Tapper, Dana Bash set to moderate first face off next month
The “grossed up” payments to Cohen were purportedly for reimbursement and to evade taxes and scrutiny. Cohen, during her testimony at Manhattan court, said that Trump knew about every penny he paid to Daniels and he wanted his money back.
“Everything required a sign-off from Mr. Trump,” he said. “But on top of that, I wanted the money back.”