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In a column in National Review On Wednesday, I said the ongoing testimony of Donald Trump’s former lawyer and self-styled “fixer” Michael Cohen could be a double-edged sword for the former president’s defense against charges brought by Democratic District Attorney Alvin Bragg of Manhattan. It was observed that
Trump’s lawyer Todd Blanche, who is cross-examining him, called out Cohen’s perjury and fraud, some ludicrous elements of his story (such as why he secretly recorded Trump), and his vindictiveness against Trump. Sufficient damage must be done to Mr. Cohen’s credibility, including bias. The defense could argue to the jury that convicting Cohen based on his testimony would be irresponsible.
Meanwhile, Mr. Blanche must keep in mind that Mr. Cohen has this central role because he was Mr. Trump’s subordinate. What made Cohen an unpleasant figure was that Trump found him useful. And even when Trump was president and Cohen was being investigated by the Trump Justice Department for tax and bank fraud, Trump had good things to say about Cohen right up until he cooperated with federal prosecutors in the Southern District of New York. So the more Mr. Branch blames Mr. Cohen, the more jurors may wonder why Mr. Trump kept Mr. Cohen by his side for more than a dozen years.
Michael Cohen once swore Trump was not involved in Stormy Daniels’ payments, his former lawyer testifies
To convict Trump, the jury would have to believe Cohen’s uncorroborated testimony that Trump knew the details of Cohen’s compensation from the Trump Organization’s then-CFO Allen Weisselberg. There is no doubt that there must be.
Prosecutors have projected the illusion that they have presented a large amount of evidence to corroborate Cohen. But they only confirm elements of the story that are not incriminating and (not very) controversial. When it comes to the controversial issue of President Trump’s mental state, the key Weisselberg story is not supported. These are Cohen’s words.
as I have maintained, Trump’s lawyers need to avoid attacking this issue too aggressively. Non-disclosure agreements (NDAs – disparagingly referred to as “hush money” by many media outlets) are legal. So Trump doesn’t have to worry too much about being tied to how they’re recorded on the Trump Organization’s books. To be sure, it’s worth emphasizing that Trump didn’t get into such granular accounting details (especially since he became president, he’s had far more responsibility). But don’t make it seem like the defense is afraid of NDAs, as if they are illegal.
I’m hoping for three other things on Thursday (as the trial continues next week).
1. “Retainer” contract
Bragg’s claim that Cohen’s invoices are false (as Cohen testified) is that (a) no retainer agreement actually existed and (b) the monthly payments of $35,000 were actually made in 2016. Based on Cohen’s testimony that it was to redeem Stormy Daniels’ NDA. Not because of ongoing legal work in 2017, as the invoice suggests.
This story is falling apart.
A valet does not have to be in writing, so the fact that there is no written valet does not resolve the question of whether President Trump hired Cohen as an attorney after 2016. Cohen has now confirmed that it has been agreed that he will be represented in the lawsuit. He acknowledged that in 2017 he was sworn in as the president’s personal attorney and that he did some, but not much, legal work for Mr. Trump from 2017 to 2018. Clients often do not pay for ongoing work; Will a lawyer be available if something goes wrong?. And it’s clear that the 2017 installment total of $420,000 is more than Stormy’s NDA of about $130,000. Bonuses include bonuses, which, despite what Mr. Cohen says, could be for past work or future availability.
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In summary, Mr. Cohen served as Mr. Trump’s lawyer throughout 2017, was available to work for Mr. Trump whenever asked, and did in fact do legal work for Mr. Trump from 2017 to 2018. was. And the Trump Organization knew it was paying more than Stormy Daniels’ non-disclosure agreement.So how can this be? fraudulently false Trump Organization’s CFO mentions payments to Cohen: retainer?Cohen did what any hired lawyer would do.?
2. Robert Costello
Costello is a savvy New York defense attorney who represented Cohen at the beginning of the federal investigation. He was released from attorney-client confidentiality (because Cohen waived his confidentiality when he told federal authorities about his discussions with Costello). On Tuesday, Mr. Costello testified before a House committee, claiming that Mr. Cohen’s testimony was riddled with lies. He claims Costellos can corroborate his claims with emails and text messages. Mr. Costello also testified to that effect before the grand jury.
I expect Blanche to use Costello’s House and grand jury testimony in attacking Cohen on cross-examination.
Could Costello be a witness in the case of the defense’s case? Up until now, I have assumed that there would be no defense case and that Team Trump would rely on weaknesses in the prosecution’s case. But Costello remains an option for the defense (unless the Trump team decides they’ve sufficiently destroyed Cohen’s credibility on cross-examination).
3. Federal Campaign Finance
The Trump campaign should renew its call to call former FEC official Bradley Smith as an expert witness in the defense case to explain why the NDA is unenforceable. election campaign spending Under federal law. Judge Machan has previously indicated that he would not allow such expert testimony, justifying that only courts can instruct juries on the law. But Marchan had Cohen and David Pecker explain to the jury that they believed the NDA violated federal law.
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The jury will hear from at least one person who actually knows something about this case, especially given that Mr. Bragg has no authority to enforce federal law and that Mr. Marchand has no expertise in federal law. Shouldn’t you listen?
The trial is nearing its conclusion, but there are still many twists and turns.
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