Trump Observes as Cohen Takes a Break Post Tough Questioning
As Donald Trump watches on, Michael Cohen, his former fixer, faces a grueling cross-examination that may have shifted the jury's perception. Cohen, once loyal to his boss, is now portrayed as a controversial figure seeking revenge and attention on social media.
It's possible that the jury in Donald Trump's initial criminal trial may view Michael Cohen, his previous fixer, as a rude social media troublemaker and vindictive liar who fantasizes about seeing his once admired boss in prison. However, the jurors do not necessarily have to have a favorable opinion of Cohen. They simply need to trust his testimony.
Trump’s self-proclaimed ex-"thug" faced tough questioning from defense attorney Todd Blanche on Tuesday to discredit his credibility as the key witness in the ex-president's alleged criminal actions. Despite the intense scrutiny, he remained composed on the stand, avoiding potential pitfalls that could have seriously weakened the case.
Former President Donald Trump sits in the courtroom at Manhattan Criminal Court on May 14 in New York City.
Former President Donald Trump sits in the courtroom at Manhattan Criminal Court on May 14 in New York City.
Michael M. Santiago/Pool/Reuters
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Cohen will have a break on Wednesday, the trial's regular day off, allowing Trump's team to prepare. At the same time, Trump plans to fundraise in Ohio and Kentucky before court resumes on Thursday.
Cohen has implicated Trump in paying off Stormy Daniels to hide their alleged affair. This supports the prosecution's claim that the payment was meant to influence the 2016 election. (Trump denies the affair and pleads not guilty).
The defense's goal during cross-examination was to cast doubt on Cohen's credibility in order to create reasonable doubt in the minds of the jurors regarding the broader case.
Blanche went through a long list of insults that Cohen had directed towards Trump since their falling out, emphasizing his tendency to lie repeatedly. He pointed out a social media post where Cohen was seen wearing a T-shirt depicting Trump in jail, painting a picture of bias and fixation. Blanche also highlighted that Cohen had built a successful business, particularly through books centered on criticizing the former president. Cohen was asked if he had referred to Trump as a "boorish cartoon misogynist," to which he responded, "Sounds like something I would say." Trump's lawyer then questioned whether he had mocked the ex-president as a "Cheeto-dusted cartoon villain."
Blanche tried to bring out Cohen's resentment towards Trump by asking him about a TikTok post from April where he mentioned Trump should be in a cage like an animal. She also asked him to confirm if he had called Trump a "dictator douchebag."
According to Michael Moore, a former US attorney for the Middle District of Georgia, the defense was able to weaken Cohen's credibility. Moore, who is also a CNN legal analyst, stated that the jury may now view Cohen as a grifter and someone who cannot be trusted. He pointed out that Cohen is profiting from the situation and seems to be willing to do anything to sell his books.
Big questions in the trial are becoming clearer. Blanche focused more on attacking Cohen's character, motives, and credibility, rather than addressing the main issue of whether Trump falsified business records to mislead voters in 2016. This could be seen as an early form of election interference.
When a Trump subordinate performs in front of the boss, it seemed like Blanche's theatrics were more for his client's benefit than the case. During cross-examination, Judge Juan Merchan reprimanded Blanche for making it about himself, especially after Cohen insulted him on TikTok.
With the court dark on Wednesday, concerns arise about how much Blanche's aggressive approach may have harmed Cohen's testimony and the prosecution's case.
With the prosecution wrapping up their witnesses after Cohen’s testimony, all eyes are now on the defense strategy. Will Trump's legal team call upon multiple witnesses? Or will they take a bold move by arguing that the prosecution has failed to prove their case convincingly and rest their case?
Another factor to consider is Trump's expressed interest in testifying on his behalf. Being a fan of the spotlight, the former president sees himself as his most effective advocate, despite past experiences suggesting otherwise. However, many legal experts fear that his unpredictable nature and tendency to fabricate the truth could spell disaster for the defense if he takes the stand.
A key legal question is whether prosecutors have successfully validated the legal theory behind the case. According to retired US district court judge Shira Scheindlin, the misdemeanor of falsification of business records seems to have been proven beyond any reasonable doubt. However, proving the felony charge, which alleges that Trump knowingly and willfully violated election law in New York by unlawful means, such as violating federal campaign finance law, is more challenging. Scheindlin noted that Cohen's testimony has helped strengthen this case.
US House Speaker Mike Johnson, a Republican from Louisiana, speaks to members of the media outside Manhattan criminal court in New York, US, on Tuesday, May 14, 2024. Former US President Donald Trump faces 34 felony counts of falsifying business records as part of an alleged scheme to silence claims of extramarital sexual encounters during his 2016 presidential campaign. Photographer: Michael Nagle/Bloomberg via Getty Images
US House Speaker Mike Johnson, a Republican from Louisiana, talked to reporters outside Manhattan criminal court in New York on Tuesday, May 14, 2024. Former US President Donald Trump is facing 34 felony charges for allegedly falsifying business records. This is said to be part of a plan to suppress allegations of extramarital affairs during his 2016 presidential campaign. The photo was taken by Michael Nagle/Bloomberg/Getty Images.
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As the prosecution case nears its conclusion, there is a sense that the moment when Trump will await a jury's decision on whether he will be the first president convicted of a crime is drawing near. This feeling was heightened by a new group of Trump supporters at the courthouse, including House Speaker Mike Johnson. The Louisiana Republican used his position to try and discredit the trial, support Trump's claim of being a victim of unfair justice, and possibly prepare for a potential conviction by shaping the narrative early on. Johnson stated outside the courthouse, "These trials are driven by politics and are shameful. It's interference in the election."
The defense tactics employed have raised concerns and attracted attention.
It’s difficult to predict how a jury will interpret testimony until a verdict is reached. In high-profile cases, jurors often choose not to elaborate on their decisions in media interviews.
Some legal experts have raised concerns about Blanche's approach and behavior in court. While Cohen's refusal to give straightforward answers may have come off as dismissive and confrontational, he did not seem to undermine the prosecution's case. Despite Blanche's persistent attempts to provoke him and throw him off track by jumping between topics, Cohen remained composed. According to former FBI deputy director Andrew McCabe, there have been no major setbacks so far.
Moore, the CNN legal analyst, supported Blanche's strategy of altering the timeline of evidence to unsettle Cohen's pre-trial preparation. According to Moore, the goal is to control the narrative and not allow the opposing side to dictate the story.
Anticipating Blanche's tactics, the prosecution spent the entire morning on Tuesday crafting a coherent story regarding the payment to Daniels and its intended purpose. Manhattan prosecutor Susan Hoffinger sought to discredit the defense's argument that Trump's payments to Cohen were part of a legal retainer and not related to the hush money payment to Daniels.
During a crucial moment in the trial, Cohen shared a significant moment when he decided to break ties with Trump. His family, including his wife, daughter, and son, questioned his loyalty and urged him to reconsider. Cohen eventually reached a turning point where he realized he could no longer lie for the President.
Editor's P/S:
The trial of Donald Trump for alleged hush money payments to Stormy Daniels has taken a dramatic turn with the cross-examination of his former fixer, Michael Cohen. Cohen's testimony has been a key factor in the prosecution's case, but the defense has attempted to discredit him
