Prosecutors have requested that Michael Cohen receive a “substantial term of imprisonment” for tax evasion and paying hush money to a porn star on Trump’s behalf. Cohen, who pled guilty to the charges in August, has been cooperating with special counsel Robert Mueller’s “Russiagate” probe for several months.

In a separate sentencing memo, Mueller sought no additional jail time for charges that Cohen lied to Congress regarding the proposed construction of a Trump Organization skyscraper in Moscow, instead recommending any sentence be served concurrently with that imposed in the New York case. Cohen pled guilty to those charges last week.

While the prosecution acknowledges Cohen’s willingness to assist the Mueller investigation as a mitigating factor, they point out that he did not actually sign a cooperation agreement with the special counsel and thus cannot be considered a “cooperating witness” under the law. The defense’s own sentencing memo, submitted last month, requested no jail sentence for conduct that typically warrants 51 to 63 months’ imprisonment under US sentencing guidelines.

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