Prosecutors Face Critical Challenge in Salvaging Cohen Testimony as Trump Trial Nears Conclusion

As Donald Trump's first criminal trial resumes on Monday, the main focus is on whether his attorneys have successfully undermined the credibility of star witness Michael Cohen. Another key question is how much the prosecutors can do to repair any damage caused.

The trial involving hush money payments is nearing its end, with the presumptive GOP presidential nominee expected to make an appearance in court. However, if Trump decides to testify in his own defense, it could potentially prolong and complicate the proceedings.

Defense lawyers are preparing to finish questioning Cohen, Trump's former lawyer, on Monday morning. After that, prosecutors will have an opportunity to address any concerns raised by the ex-president's team about Cohen's testimony.

Photo Illustration by Alberto Mier/CNN/Getty Images/Mike Segar/Reuters

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Here's a summary of the ongoing Trump hush money trial:

New York state prosecutors claim that Trump illegally altered financial records to hide a payment to Stormy Daniels, an adult film star. They believe this was done to mislead voters during the 2016 election, marking an instance of election interference. Trump denies any wrongdoing, stating that he did not have an affair with Daniels and has entered a plea of not guilty.

In a shocking revelation, Cohen testified last week that Trump was directly involved in the alleged scheme. He claimed that Trump instructed him to give $130,000 to Daniels and promised to reimburse him. Cohen stated that Trump was concerned the story could harm his campaign and simply told him, "Just do it."

During intense questioning, Cohen seemed to stumble over his previous statement about a phone call. He had previously testified under oath that the call was to discuss the payment to Daniels. However, it was revealed that the initial purpose of the call was actually about a different issue altogether.

Trump attorney Todd Blanche presented a text message sent by Cohen to bodyguard Keith Schiller before the call. In the text, Cohen asked for help with a 14-year-old prank caller but did not mention Daniels, despite later claiming the call was about her. Blanche called Cohen's testimony a lie, prompting Cohen to affirm that he informed President Trump about the ongoing resolution of the Stormy Daniels situation.

The defense is painting Cohen as fixated on undermining Trump by highlighting his derogatory remarks on social media and television, such as referring to Trump as a "Cheeto-dusted cartoon villain."

Cohen has always been viewed as a potentially unreliable witness due to his history of dishonesty and his own criminal conviction related to the hush money payment and other offenses, such as lying to Congress. The prosecution prepared a lineup of testimonies from former associates of the ex-president before Cohen took the stand to support his claims. However, they were caught off guard by the text exchange with Schiller.

During the redirect examination, prosecutors will likely try to downplay Cohen's testimony regarding the call. If the jurors believe that Cohen lied about the details of the conversation with Schiller and whether he spoke to Trump, it could cast doubt on other parts of his testimony. According to Randy Zelin, a trial attorney and adjunct professor at Cornell Law School, the judge will instruct the jury to disregard the entirety of a witness's testimony if they find any part of it to be untrue, incredible, or a lie.

Trump’s lawyers need to create reasonable doubt in the minds of just one juror to open the possibility of a hung jury or an acquittal.

Questions mount over scope of defense case

Scrutiny of Cohen’s testimony was the latest development in the legal saga of the presumptive Republican nominee. This saga includes three other criminal indictments and has shifted the focus of the path to the 2024 election from the campaign trail to the courts. Trump has maintained his innocence in all charges brought against him. Two of the cases are related to his efforts to overturn the 2020 election, while the third involves his possession of classified documents at his Mar-a-Lago resort. Trump has framed his campaign to reclaim the White House as a response to what he claims is political persecution.

US Representative Byron Donalds, Republican of Florida, Governor of North Dakota Doug Burgum, US Speaker of the House Mike Johnson, former presidential candidate Vivek Ramaswamy and US Representative Cory Mills, Republican of Florida, gather to hear former President Donald Trump address reporters at his trial for allegedly covering up hush money payments related to extramarital affairs. The event takes place at Manhattan Criminal Court in New York City on May 14, 2024.

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Trump’s Hill allies descend on hush money trial in new GOP litmus test

Despite claims by Republican lawmakers, there is no evidence to support the idea that President Joe Biden is orchestrating a coordinated effort to use the justice system against Trump. Recently, a number of Republican officials, including House Speaker Mike Johnson, have made appearances in the Manhattan court to challenge the judge and the case against Trump. Johnson, a Louisiana Republican, joined others in defending Trump against the judge's threats of jail for violating a gag order.

As Cohen's testimony nears its end, there is uncertainty surrounding Trump's defense strategy. His lawyers have mentioned the possibility of calling Bradley Smith, a former commissioner of the Federal Election Commission, as a witness. However, Judge Juan Merchan has expressed hesitance in expanding the scope of testimony. While Smith can explain the role of the FEC and certain campaign finance terms, he is not allowed to comment on whether any laws were broken in this particular case.

The biggest question looming is whether Trump will choose to testify in court. There are several reasons why having the accused testify can be risky for the defense in a case. However, when the defendant is someone like the former president, who is known for being difficult to control and not always truthful, the risks are even greater. Trump initially stated that he would testify, a common threat in his legal battles. However, he later backtracked, falsely citing a gag order in the case as a reason he could not testify, claiming it was meant to protect witnesses and court staff.

Blanche mentioned the possibility of Trump testifying on the last day of the court session. She stated that it is a decision that needs careful consideration. Trump's attorneys, after being on the defensive for days, managed to highlight Cohen's credibility as a crucial factor in the trial last week. However, Trump appearing in court could shift the focus away from Cohen's issues and potentially expose the former president to questioning about inconsistencies in his own account, including the alleged liaison with Daniels in Lake Tahoe in 2006 that he denies.

Throughout his business and political endeavors, Trump has always been adamant about representing himself. He has a reputation for being difficult to control by his subordinates. In this trial, with no television cameras in court, Trump has taken advantage of breaks to speak to reporters and shape public opinion about the case. The temptation to take a more active role in his trial and turn it into a political spectacle may be too tempting for him to resist.

Trump faced a civil fraud case with his adult sons and business organization in November. Judge Arthur Engoron initially tried to control Trump's testimony, but it quickly turned into a reflection of his campaign trial rhetoric, frustrating the judge. Engoron criticized Trump's lack of remorse for massive frauds, leading to a judgment of nearly half a billion dollars against him. The upcoming hush money criminal case will be decided by a jury, not a judge.

Once the defense presents its case, the prosecution will have an opportunity to offer a rebuttal. Following this, both sides will provide summations of the case, with the process expected to start as early as Tuesday.

After the lawyers exit the stage, the judge then explains the laws that the jury needs to consider. This is the moment when the jurors will go to deliberate their decision, and the entire country will be on edge, eagerly awaiting to find out if a former president will be convicted of a crime for the first time.

Editor's P/S:

The trial of former President Donald Trump for allegedly covering up hush money payments is nearing its end, and the outcome is uncertain. Prosecutors have presented testimony from Trump's former lawyer, Michael Cohen, who claimed that Trump was directly involved in the scheme. However, the defense has been working to undermine Cohen's credibility, highlighting his past dishonesty and inconsistencies in his testimony.

The key question now is whether Trump will testify in his own defense. If he does, it could prolong the trial and potentially expose him to questioning about inconsistencies in his own account. However, it could also give him an opportunity to directly address the allegations against him and sway the jury in his favor. The decision of whether or not to testify is a difficult one, and it remains to be seen what Trump will choose to do.