Analysis: Trump’s final defense against Michael Cohen - Did it sway the jury?

Norman Eisen, a CNN legal analyst and editor of “Trying Trump: A Guide to His First Election Interference Criminal Trial,” served as counsel to the House Judiciary Committee during the first impeachment and trial of former President Donald Trump. The views expressed in this commentary are his own. Read more opinion at CNN.

The most significant drama in the trial of ex-President Donald Trump on Monday did not, as anticipated, occur during the cross-examination of former Trump attorney Michael Cohen. His testimony concluded without any moments that came close to the importance of last week's defense attacks on the key witness.

TRUMP TRIAL DIARY

CNN legal analyst Norm Eisen is providing updates from the courtroom during former President Donald Trump's criminal trial in Manhattan. Follow along as he shares his insights and observations in this CNN Opinion series. Check out his previous entries for more in-depth coverage:

• How Trump's defense impacted Michael Cohen
• Analyzing whether Trump's defense strategy was effective against Cohen
• Michael Cohen's role in advancing the prosecution's case against Trump

The most intense moments of Trump's Manhattan criminal trial didn't involve the former president, but rather a confrontation with a witness named Robert Costello, who had advised Cohen in the past. During a heated exchange, Costello openly challenged Judge Juan Merchan, resulting in a public reprimand and the courtroom being cleared for further admonishment.

The tension escalated when Costello sarcastically responded to one of the judge's decisions with a casual "Jeez." Merchan then dismissed the jury and cautioned the witness to show respect, reminding him, "You can't react with 'jeez' or tell me to 'strike it.' If you disagree with my ruling, do so respectfully without giving me side-eye or rolling your eyes. Do you understand?"

Costello responded by glaring at the judge. The judge, clearly upset, questioned him, "Are you trying to intimidate me with your stare?" He then asked everyone, including the media, to leave the courtroom. In a transcript made public on Monday night, Merchan informed Costello that his behavior was disrespectful. He cautioned Costello, "If you attempt to intimidate me again, I will have to ask you to leave the stand."

Norm Eisen

Norm Eisen

Courtesy Norm Eisen

The back-and-forth between Costello and the judge during his testimony was a distraction. Cohen had already confessed to lying to Costello and others in order to protect Trump before deciding to cooperate with the government. The judge scolding Costello for his behavior was a minor issue, as it did not impact the substance of his testimony or the case itself. Despite this drama, it was clear that Costello's rudeness was an isolated incident, unlike anything seen from other witnesses during the 19 days of trial.

The focus shifted away from the central issues of the case during the afternoon. Costello was called to the stand by the defense because of his numerous conversations with Cohen. Trump's legal team aimed to demonstrate that Cohen had informed Costello that Trump was unaware of the crucial $130,000 hush money payment, which was a key point in the case.

The payment was made to Stormy Daniels, an adult film actress who claims she had a sexual encounter with Trump, although Trump denies it. This payment is crucial in the 34 felony counts of falsifying business documents against Trump, with evidence needed to show that he knew the purpose of the payment.

However, Cohen has admitted to lying about Trump's awareness of the payment to Daniels before he started cooperating with prosecutors.

Most of the day was spent on Cohen’s cross-examination and redirect testimony. People who were expecting another intense confrontation like the one that sparked debate on Thursday were let down.

This sketch from court shows attorney Todd Blanche continuing his cross-examination of Michael Cohen on Monday.

This sketch from court shows attorney Todd Blanche continuing his cross-examination of Michael Cohen on Monday.

Christine Cornell

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Defense counsel Todd Blanche began his questioning by asking about Cohen's conversations with reporters, meetings with prosecutors, and his taxi medallion business. However, these questions did not lead to any significant revelations.

Blanche then shifted his focus to a more important line of questioning. He attempted to challenge Cohen's credibility by pointing out that he had not mentioned a crucial detail about a phone call with Trump's bodyguard, Keith Schiller, on October 24, 2016. This was a key moment in trying to prove that Trump was aware of the payment to Stormy Daniels.

On Monday, the defense counsel tried to question Cohen's memory of two more calls. Cohen claims he personally called Trump on October 26, 2016, to discuss the $130,000 payment to Daniels.

These calls are significant because they were made directly to Trump, with at least one being longer. They took place right before Cohen paid Daniels on October 27, 2016, during a crucial point in the alleged scheme.

Blanche started off by asking about other events happening at the time, such as Cohen assisting Trump's youngest daughter with an extortion threat, Trump's real estate issues, and a significant Trump family press interview. She wanted Cohen to confirm that these topics were discussed during the October 26 calls, questioning why they were focused on Stormy Daniels instead.

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Cohen stood firm on the content of those calls, stating that he discussed Stormy Daniels with Trump because it was a task assigned to him. He emphasized that he had been focused on handling that specific matter.

Blanche also brought up other points during the questioning. Cohen admitted to stealing from the Trump Organization, confirmed that he provided services to Trump in 2017, and clarified that the payments he received were not solely for hush money repayment. Additionally, he acknowledged that he initially lied about Trump's involvement in the hush money payment.

The sting had affected all three individuals. Cohen had already confessed to stealing, minimal legal work, and initially lying about Trump's involvement. This was confirmed during his direct testimony, causing a disagreement with Costello, who later testified about this issue and clashed with the judge.

During the redirect, Assistant District Attorney Susan Hoffinger clarified these points and more concisely. The session ended before lunch with a dramatic presentation to support Cohen's account of the phone call with Schiller and Trump. The prosecution displayed a C-SPAN image showing Trump and Schiller together at 7:57 p.m. after a rally in Tampa, Florida. Judge Merchan adjourned for lunch to consider whether this new evidence should be allowed.

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After the lunch break, the C-SPAN evidence was finally accepted, supporting Cohen once again. Although it didn't completely undo the defense's points from Thursday's cross-examination, it did weaken a few of them.

The defense managed to score some points, making the case tighter. However, the prosecution was still in the lead even without the impactful C-SPAN video evidence moment. They have a strong chance of winning, unless the defense has convinced one or two jurors enough to cause a hung jury.

We will have to wait a bit longer for the final verdict. Closing arguments are scheduled for Tuesday, May 28, with a break on Friday due to a juror conflict and Memorial Day also being an off day.

Editor's P/S:

The trial of former President Donald Trump has taken an unexpected turn, with the most dramatic moments not involving Trump himself but rather a heated confrontation between the judge and a witness