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... he's a defense lawyer, not the prosecutor. He can't make the prosecuting attorney's case for him, he can only present the best defense on behalf of his client Michael Cohen. This case (or another one based on this evidence) could go to jury trial and Lanny Davis can't be on the record giving an opinion on something that should only be determined by a jury.
Mr. Davis is being smart and looking ahead. He knows that the SDNY attorneys know what they're doing.
Carl Bernstein understands this, and that's why he has covered his bases by checking with multiple sources.
They're all saying the same thing, even though Mr. Davis backed off for the reasons stated above.
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