For the reason that begin of Donald Trump’s New York trial — when the president’s former lawyer informed the jury that the prosecution’s star witness “cannot be trusted” — the protection has been telegraphing its predominant technique: gutting Michael Cohen.
As Trump’s fixer and assault canine on the time of the alleged crimes, Cohen was extra essential to the occasions described within the indictment than anybody within the defendant’s orbit. He even gave his private funds to quiet Stormy Daniels, who was purchasing the 2006 Trump intercourse story.
And have he pleaded responsible to tax evasion, false statements and marketing campaign finance violations associated to the Daniels affair, together with sa separate motion to make false statements earlier than Congress, he appears tailored to be accused of perjury in an effort to settle scores along with his former boss. Furthermore, for a loyalty-obsessed Trump, the prospect of embezzling a traitor guarantees additional psychological rewards.
However earlier than the jury even heard about Trump’s bête noire, the prosecution made main strikes to neutralize any plan to undermine Cohen’s testimony.
They did so primarily by presenting a wealth of proof that prospectively confirms what Cohen says. (And after his grand jury testimony and quite a few reported classes with the district legal professional’s workplace, the prosecution is aware of each element of what Cohen goes to say.)
Prosecutors’ choice to current their story via David Pecker, the previous CEO of the corporate that owned the Nationwide Enquirer, labored brilliantly. Pecker, a type of Runyonesque villain in his enterprise dealings, appeared completely accommodating on the stand. And he got here up with numerous particulars that associated to Cohen and that can replicate. These particulars included a key assembly in August 2015 by which Pecker mentioned sure Trump first promised that he would stifle tales of his alleged former sexual companions which may come ahead now that he was a presidential candidate.
Each key witness since Pecker has additionally lined floor that Cohen will retread. By the point the jury hears the report about Trump’s former fixer, they are going to be aware about nearly each element.
Nearly, however not fairly all. Solely Cohen and Trump may very well be aware about sure particulars of the alleged falsification of paperwork that type the premise of the 34 felony counts within the indictment.
However the district legal professional will be capable of reply to the protection’s livid assaults on Cohen by noting, in time-honored prosecutorial type, that the jury needn’t rely solely on his phrase for all corroboration.
In reality, the prosecution’s case was peppered with disparaging characterizations of Cohen by his personal witnesses, who known as him a “moron” and worse. It is one other signal that the district legal professional will argue that the case would not stand or fall on Cohen’s testimony.
And far of what Cohen follows will strengthen his testimony. Longtime Trump aide Hope Hicks is reported to have supplied damning corroboration of Cohen’s “boss” testimony, together with her first-hand account of the 2015 assembly.
Intensive corroborating proof is only one manner the prosecution interrupts the protection’s predominant line of assault. Importantly, the prosecutors created and bolstered a narrative that bolsters Cohen’s story. It strikes from the preliminary encounter via the search to “catch and kill” tales and Trump Tower doorman aa Playboy mannequinafter which to the critically essential “Getting into Hollywood” tape that left the Trump marketing campaign in an existential disaster.
The tape, which surfaced shortly earlier than the election and captured Trump bragging about sexually assaulting ladies, prompted Republican Occasion leaders akin to John McCain to withdraw their assist for Trump. The jury heard proof Friday that key gamers within the catch-and-kill scheme have been sure Trump couldn’t recuperate from the revelations.
Enter Daniels, who just lately renewed her efforts to show her alleged affair with Trump right into a payday. If the marketing campaign was pro-life, her account threatened to drag the plug.
The story offered by prosecutors from a number of sides thus results in the conclusion that coping with Daniels might have had just one motivation: to save lots of the marketing campaign. And that meant that Daniels not solely needed to be paid, but additionally that the aim of the fee needed to be hidden.
The facility of that account has Staff Trump observing an nearly insurmountable slope. It is not simply that Cohen’s account of Trump’s alleged scheme and functions will probably be emphatically corroborated by different witnesses; the purpose is that no different clarification would make sense of the entire mixture of proof.
The prosecution’s abstract of this proof leaves no viable rebuttal for the protection. Suppose Trump’s crew hammers Cohen for days on cross-examination and concludes by repeating that he can’t be trusted. What different story can they provide to forged affordable doubt on the district legal professional’s account?
As Pecker testified, and we’ll possible hear repeated in closing, Cohen could not purchase the lunch with out Trump’s approval. Is it even doable that he would nonetheless take out a house mortgage and pay Daniels $130,000 with out Trump’s information and path? A conclusion, in a phrase, “Fuhgeddaboudit” might be anticipated from the Manhattan jury.
That does not imply the prosecution is near a responsible verdict or that the jury’s reply to Cohen would not matter. Accusations of falsifying enterprise data are nonetheless vulnerable to technical points involving intent and different questions. Particularly with two legal professionals on the jury, this a part of the case may very well be troublesome to sew collectively. However with a broader rejection of Cohen’s testimony trying unlikely, the protection’s choices to keep away from a conviction are shrinking.
Harry Litman is the host “Speaking Feds” Podcast. and We’re speaking about San Diego speaker collection. @harrylitman
