Insight: Unveiling Michael Cohen's Testimony - A Potential Jury Shocker

Norman Eisen, a CNN legal analyst and editor of “Trying Trump: A Guide to His First Election Interference Criminal Trial,” shares his own views in this commentary. He previously served as counsel to the House Judiciary Committee during the first impeachment and trial of then-President Donald Trump. For more opinions, visit CNN.

During the initial Trump impeachment, one of the first witnesses I spoke to was Michael Cohen, the former lawyer and fixer of ex-President Donald Trump. This was because I was investigating the same alleged 2016 election interference that is now a focal point in the hush money criminal trial involving the former president.

The loyal Cohen had been with Trump since 2006, arranging the $130,000 payment to Stormy Daniels for the benefit of the Trump campaign. He was soon to begin serving his prison sentence after admitting guilt in 2018 for campaign finance violations related to the payment and other offenses.

Norm Eisen

Norm Eisen

Courtesy Norm Eisen

I was surprised by the person I met, who was honest, apologetic, and humorous, although a bit vulgar and strongly disliked Trump. Cohen has stuck to the important details he shared with me about the election scheme and its cover-up, which will also be highlighted in his testimony during Trump's Manhattan criminal trial starting Monday. As we near his highly anticipated testimony, I believe he will impress the jury just like Daniels did last week.

The District Attorney's Office has been preparing for this by meticulously supporting Cohen's upcoming testimony with credible witnesses and supporting documents, gradually reducing the amount of unverified evidence that Cohen will provide.

Cohen will face tough questioning during cross-examination, focusing on his past lies and guilty plea for perjury. However, the prosecution has done a good job in preparing the jury to believe his testimony.

The prosecution has supported Cohen's testimony in three key areas of the case, making it easier for the jury to trust his words.

Overall, despite the challenges Cohen may face during cross-examination, the prosecution has laid a strong foundation for his credibility in the case.

Cohen is expected to testify that the payment to Daniels and falsification of business records were intended to help Trump's campaign. The prosecution has provided evidence to support this claim. For instance, David Pecker, the former CEO of American Media, stated that he met with Trump and Cohen in 2015 to plan the "catch and kill" scheme in order to benefit Trump's presidential run.

Pecker revealed that in order to help Trump's campaign, he arranged for the hush money payment to Stormy Daniels. When Cohen testifies that he talked about the payment with Trump and that it was meant to benefit the campaign, it simply confirms an intent that has already been supported.

CNN legal analyst Norm Eisen is providing updates from former President Donald Trump’s Manhattan criminal trial for this CNN Opinion series. Check out his previous insights on Trump’s defense lawyers, the Stormy Daniels case, and more.

In another significant development, the jury heard Trump's own words indicating that the scheme was intended to benefit his campaign. Hope Hicks, a former Trump aide, testified that in 2018, Trump mentioned to her that it was preferable to address Daniels' allegations of a sexual encounter with him at that time, as opposed to before the election.

Hicks also said that Trump acknowledged to her that he was aware of Cohen's payment to Daniels. Trump stated that Cohen acted on his own in making the payment, not under Trump's orders. However, Hicks did not find Trump's explanation credible. She found it unlikely that Cohen would have made the payment without Trump telling him to do so.

The Trump Tower meetings: Developing the plan

Cohen is expected to testify about a second meeting at Trump's office that occurred between October 10 and October 28, 2016. During this meeting, former Trump Organization finance chief Allen Weisselberg was present as Trump agreed to pay Daniels $130,000. Cohen recalls Trump saying that the amount was not significant and they should proceed with the payment. Trump then instructed Cohen and Weisselberg to work out the details. They later met at Trump Tower in early January to finalize the arrangement, which was subsequently confirmed by Trump.

Keith Davidson, the former attorney for Daniels who negotiated the hush-money payment, emphasized in his testimony that he believed Trump had the final say on approving the funds. Davidson stated that he understood Cohen required Trump's permission to transfer any money and that Trump was the funding source. Davidson maintained his belief that Cohen was not the ultimate source of the funds, clarifying that the money was expected to come from Trump or a related corporate entity.

Former Trump Organization accountant Deborah Tarasoff testified to the jury that Trump was directly involved in reimbursing Cohen. She explained how payments initially came from the Donald J. Trump Revocable Trust, but later were personally made by Trump in 2017, indicating a more personal involvement. Tarasoff also mentioned processing checks for Trump's signature, such as a $70,000 check signed by Weisselberg and Eric Trump, as well as a $35,000 check from Trump's personal account.

This testimony played a crucial role in challenging the defense's claim that Trump had no direct involvement in the payments, demonstrating that he actively repaid Cohen, even while serving as President.

Michael Cohen, the attorney representing former President Donald Trump, was seen exiting Trump's civil fraud trial at the New York State Supreme Court in New York City on October 24, 2023. Cohen is expected to provide testimony in Trump's criminal trial regarding allegations of concealing hush money payments associated with extramarital affairs, scheduled for Monday.

Michael Cohen, lawyer for former President Donald Trump, leaves Trump's civil fraud trial at New York State Supreme Court in New York City on October 24, 2023. Cohen is set to testify in Trump criminal trial for allegedly covering up hush money payments linked to extramarital affairs on Monday.

Spencer Platt/Getty Images/File

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The White House meeting: Reimbursing Cohen

Cohen is set to testify that he met Trump in the White House in February 2017, where Trump agreed to the repayment plan devised by Weisselberg. From then on, Trump personally signed checks to Cohen from the Oval Office throughout the rest of the year. Testimony supporting this meeting and reimbursement scheme has already been provided by the DA’s office, shedding light on Trump’s frugality and check-signing habits.

In a similar vein, Trump Organization controller Jeffrey McConney confirmed the authenticity of Weisselberg’s handwritten note detailing the repayment plan for Cohen. McConney, who has been familiar with Weisselberg’s handwriting for over three decades, recognized it without a doubt. This crucial physical evidence from McConney and Weisselberg, who may not testify in person, solidifies the “grossed up” amount that Trump ultimately paid Cohen post their meeting in February 2017.

Madeleine Westerhout, a former Trump aide who worked near the Oval Office and had a direct view of Trump's desk, provided important testimony. She shared details about scheduling Cohen's presence at the White House for the reimbursement meeting in February. Additionally, she talked about Trump's focus on personal and Trump Organization matters during his early days in office.

This testimony supports the idea that Trump paid close attention to the $35,000 checks he was signing for Cohen during the same time period. Westerhout also mentioned reading aloud an email confirming the February meeting to Cohen at the White House.

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Sally Franklin, a senior vice president at book publisher Penguin Random House, shared quotes from Trump's own books and words that support Cohen's story about his check-signing and other practices. This shows consistent evidence that aligns with Cohen's claims.

In the book "Trump: Think Like a Billionaire," there was a chapter called "How to Pinch Pennies" where Trump mentioned receiving a fifty-cent check which he deposited at The Trump Organization. He saw it as a way of being mindful of expenses and paying attention to the details of his finances. Trump emphasized the importance of personally overseeing his financial transactions, including signing his own checks and reviewing bills to avoid being overcharged.

During the cross-examination, the defense will likely question Cohen about his past lies in support of Trump, his conviction for perjury, and other issues. However, Cohen's credibility is strongly supported by evidence, making it easier for the jury to believe his testimony. Combining this with Cohen's candid and emotionally expressive nature, there is a possibility that he may exceed expectations as a witness, surprising not only the jury but also everyone involved in the trial.

Editor's P/S:

Norman Eisen's article provides a comprehensive overview of Michael Cohen's upcoming testimony in Trump's Manhattan criminal trial. Eisen, who has firsthand knowledge of Cohen's involvement during the first impeachment inquiry, highlights Cohen's importance in uncovering the alleged 2016 election interference scheme. Cohen's consistent account of the hush money payments and his direct interaction with Trump will be crucial in establishing the prosecution's case.

Eisen emphasizes the strength of Cohen's testimony, which is supported by credible witnesses and documents presented by the District Attorney's Office. Cohen's candid and detailed recollection of events, such as the meetings at Trump Tower and the White House, provides a clear picture of Trump's involvement in the cover-up. Despite potential challenges during cross-examination, Eisen believes Cohen's credibility will resonate with the jury and contribute significantly to the prosecution's case.