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Perspective: I have questioned Michael Cohen. The court may be shocked by this crucial witness.

Prosecutors skillfully devised a strategy that has greatly reduced the leap in faith the jury would need to make to trust crucial witness Michael Cohen, asserts Norm Eisen.

In this October 2023
In this October 2023

Perspective: I have questioned Michael Cohen. The court may be shocked by this crucial witness.

Back in 2006, Cohen had been a loyal companion to Trump. He was involved in arranging a $130,000 payment to Stormy Daniels to aid the Trump camp and was on the verge of heading to prison after pleading guilty to campaign finance violations in 2018 for this payment and various other offences.

I thought I'd meet someone entirely different from the individual who I encountered, someone who spoke frankly, showed remorse, and was quippy, albeit using strong language and displaying intense loathing towards Trump. And since then, Cohen has remained consistent in the crucial details he gave me regarding the election scheme and the ensuing cover-up - the same details he'll share during Trump's upcoming trial in Manhattan.

As we near his highly-anticipated testification, I believe he'll surpass expectations when presenting to the jury, just like Daniels did during her interview.

The District Attorney's team has been strategic in their approach. They've been bolstering Cohen's upcoming testimony with a continuous stream of credible witnesses and supporting documents, drastically reducing the uncorroborated evidence that Cohen will provide.

Cohen will undeniably face a vigorous cross-examination, where they're likely to challenge the many lies he now admits to having told when he was alongside Trump. Additionally, his guilty plea for perjury will be put into question. However, the prosecution's well-thought-out plan has made it much easier for the jury to trust Cohen's account.

Let's see how the prosecution has backed up Cohen's testimonies with a focus on three essential aspects of the case.

Trump's aim was to boost his campaign

First, Cohen is likely to testify, based on his conversations with Trump, that the motive behind the payment to Daniels and the later alleged business record falsification was to benefit Trump's 2016 presidential run. The prosecution has already provided the jury with copious evidence of this. For instance, the ex-chief executive of American Media and publisher of the National Enquirer, David Pecker, shared that he met with Trump and Cohen at Trump Tower in Manhattan to devise the "catch and kill" plan with the specific goal of aiding Trump's campaign.

Pecker stated that the conspiracy could serve Trump's campaign better if he set the payment in motion to Stormy Daniels. So when Cohen testifies that he discussed the payment with Trump, his intention to support the campaign is just a continuation of an existing plan the jury has already had corroborated.

Moreover, the jury was presented with Trump's own statements hinting at the purpose of the scheme. Former Trump aide Hope Hicks recounted that in 2018 when the Daniels scandal arose, Trump told her it was better to address it during that time because "it would have been bad for the story to come out before the election."

Hicks also divulged that Trump admitted to her he knew about the payment made to Daniels. Although Trump claimed Cohen arranged it on his own and not at his behest, Hicks wasn't convinced. She said it was unlikely Cohen would've made the payment if Trump hadn't instructed him to do so.

The Trump Tower summits: Creating the plan

According to Cohen, he discussed a second meeting that occurred at Trump's office sometime between October 10 and 28, 2016, where Allen Weisselberg was present. In this meeting, Trump gave the green light to the $130,000 payment to Daniels. He said, "it's not a lot of money; just do it." Weisselberg and Cohen allegedly had another get-together in early January to complete the plan, and then confirmed it with Trump.

Former Trump Organization finance chief, Keith Davidson, revealed during his testimony that he believed Trump was responsible for granting final approval of the funds. He asserted that he understood Coheln needed Trump's approval to transfer any funds, and that Trump, or a related corporate entity, would be the source.

Former Trump Organization accountant Deborah Tarasoff testified that Trump was heavily involved in repaying Cohen. She described how payments switched from the Donald J. Trump Revocable Trust to being personally made by Trump in 2017, signifying a stronger involvement of Trump. She described how she processed checks for Trump's signature, including a $70,000 check signed by Weisselberg and Eric Trump and a $35,000 check from Trump's personal account.

This evidence played a significant role in contradicting the defense's argument that Trump was uninvolved in the transactions, proving he actively reimbursed Cohen even while in the White House.

Cohen is anticipated to testify that he met Trump in the White House in February 2017, and it was during this meeting that Trump endorsed the payment plan meticulously created by Weisselberg. After their interaction, Trump personally signed checks from the Oval Office for the remainder of that year. The district attorney's office has already drawn testimony proving this meeting and reimbursement strategy while emphasizing Trump's frugality and his habit of signing checks personally.

Testimony from the Trump Organization's controller, Jeffrey McConney, has confirmed that he recognized Weisselberg's handwriting, which verified the specific repayment scheme employed by Trump to compensate Cohen for the hush money. Furthermore, Weisselberg, who might not testify himself, has provided key physical proof that backs up this "grossed up" amount that Trump subsequently paid Cohen.

Madeleine Westerhout, an ex-Trump aide, has given evidence about scheduling Cohen's visit to the White House for the February repayment session and described Trump's involvement in both personal and Trump Organization matters during his administration. She provided extensive details about his attentiveness to these issues, demonstrating that Trump, in the same timeframe, would have carefully gone over the $35,000 checks he was signing for Cohen. Additionally, Westerhout read out her email confirming to Cohen the February meeting in the White House.

Lastly, Sally Franklin, a senior vice president at book publisher Penguin Random House, referred to Trump's own books and words to show his practice of signing checks and meticulously overseeing his finances. For instance, in "Trump: Think Like a Billionaire," a chapter entitled "How to Save Money," Trump asserted, "I once received a check for fifty cents, and The Trump Organization went ahead and deposited it. Some might consider this cheap; I considered it a responsible way of watching my finances... I have always signed my checks to know where my money is going. In the same vein, I also tried to check my bills carefully to ensure I wasn't being overcharged."

It's worth mentioning that the defense will no doubt cross-examine Cohen over his past deceptions in the service of Trump, including his perjury conviction. However, due to the meticulous corroboration of Cohen's story, believing him won't call for an incredible leap of faith from the jury; instead, it's more like a small leap.

Given Cohen's straightforward character, as I first observed in 2019, his testimony may surprise us all, and perhaps even the jury, as he exceeds our expectations.

Norm Eisen

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Source: edition.cnn.com

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