Trump's lawyers had a final chance to defend him against Michael Cohen's accusations. Were they successful?
### TRUMP TRIAL DIARY
Legal analyst Norm Eisen from CNN is present in the courtroom for former President Donald Trump's Manhattan criminal trial and is sharing his viewpoint for this CNN Opinion series. Previously, he has published:- Trump's defense has shaken Michael Cohen. But they still haven't knocked him out- Was Trump's defense strategy supposed to work on Cohen?- Michael Cohen moves the Trump prosecution beyond a critical barrier
The most exciting events of the day in Trump's Manhattan criminal trial revolved around an incident with ancillary witness Robert Costello, a lawyer who previously advised Cohen. This heated exchange led to a display of courtroom drama and reprimanding from Judge Juan Merchan.
The day started when Costello reacted sarcastically to a judge's decision with "Jeez." The judge replied by releasing the jury and then ordered Costello to maintain decorum, saying, "You don't say 'jeez' and then you don't say 'strike it'...and then if you don't like my ruling, you don't give me side eye and you don't roll your eyes. Do you understand that?"
Costello then stared at the judge defiantly. The judge lost his temper, addressing him, "Are you staring me down right now?" He then cleared the courtroom of journalists, exclaiming to Costello, "Your conduct is contemptuous right now." Costello was sternly warned in the empty courtroom, "If you try to stare me down one more time, I will remove you from the stand."
Costello's heated exchanges with the judge was not connected to the main case. He had already admitted to lying about Trump, and he long lied to protect Trump before collaborating with the government. The judge scolding Costello was insignificant since it didn't have anything to do with the substance of his testimony or the case; it was just a sign of poor behavior observed throughout the 19 days of the trial, even during intense cross-examinations.
The afternoon was marked by this dramatic moment, but it held minor implications for the primary issues in the case. The defense brought Costello to the stand chiefly because he had numerous conversations with Cohen. The defense aimed to establish Trump's ignorance about the $130,000 hush money payment that was crucial to the case.
This payment was given to Stormy Daniels, an adult film actress who alleged having a sexual encounter with Trump (which Trump denies). This payment forms the basis of the 34 felony counts brought against Trump for falsifying business documents, and these charges hinge on proving Trump's involvement in the payment.
However, Cohen has previously stated that he lied about Trump's knowledge of the payment to Daniels prior to cooperating with prosecutors.
The rest of the day was predominantly made up of Cohen's cross-examination and his following testimony. People expecting another significant clash on cross-examination resembling the altercation that sparked much debate on Thursday were let down.
Blanche, part of the defense team, followed his usual pattern of meandering questions. He inquired about Cohen's interactions with news reporters regarding testimony, meetings with prosecutors, and Cohen's taxi medallion business. None of these queries yielded significant opposition.
Eventually, Blanche turned to a more substantial line of questioning. He aimed to undermine the credibility of Cohen's recollections of two additional calls on October 26, 2016, when Cohen claims he discussed the $130,000 hush money payment with Trump. These calls are crucial because they were direct conversations with Trump, one of which was longer, and they took place at an important moment in the scheme: before Cohen paid Daniels on October 27, 2016.
In his attack, Blanche inquired about the various things that were happening at the time with Cohen helping Trump's youngest daughter respond to an extortion threat, Trump's real estate matters, and a significant Trump family press interview on that day. He asked, "With all that going on, why focus on Stormy Daniels?"
However, Cohen stubbornly refused to budge on the subject of the calls' content, responding, "I discussed Stormy Daniels with Trump as he had instructed me to deal with the matter, which was what I had been doing."
Further blows were dealt by Blanche, including getting Cohen to admit once more to stealing from the Trump Organization, that he completed some work for Trump in 2017, and therefore the payments to him, allegedly covered up by the falsified business documents at the heart of the accusations, were not solely for repaying the hush money.
The stakes had been lowered for all three parties, as Cohen had confirmed in his previous direct testimony that he had stolen, that his legal work had been limited, and that he had initially lied about Trump's involvement (including to Costello, who later said the same thing in court and engaged in an intense disagreement with the judge).
Assistant District Attorney Susan Hoffinger further clarified these admissions and more when she re-examined, delivering a succinct performance. It peaked before the lunch break with a little drama to further enhance Cohen's account of the phone conversation with Schiller and Trump. The prosecution introduced an image from C-SPAN footage revealing that Trump and Schiller had been together at 7:57 p.m. at the end of a rally in Tampa, Florida, just before the controversial phone call. Merchan called the jury for an early lunch break while he listened to arguments on both sides regarding whether this recent evidence showing Trump being with Schiller right before the disputed phone call should be admitted.
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When we returned from the lunch break, the C-SPAN evidence was allowed, further validating Cohen's testimony, which has often been supported throughout the trial. This incident did not entirely remove the points gained by the defense at a crucial moment during the cross-examination on Thursday, but it did remove a few of them.
Certainly, the defense had secured some points, making it a closer case. However, the prosecution was still in the lead despite these setbacks - though it's possible (though improbable) that the defense has convinced one or two jurors enough to result in a hung jury.
We will soon find out - just not as soon as expected, with closing arguments slated for Tuesday, May 28, with a pre-scheduled day off on Friday (due to a juror conflict) and Memorial Day also an off day.
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In his CNN Opinion series, legal analyst Norm Eisen expressed his thoughts on Trump's defense strategy, stating that while it shook Michael Cohen, it did not entirely dismantle his case. (opinions)
The day's events in the courtroom, including the heated exchange between Robert Costello and Judge Juan Merchan, sparked various interpretations, with some viewing it as a sign of poor behavior, while others saw it as an attempt to gain attention. (opinions)
Source: edition.cnn.com
