TWIT: Cohen Finally Takes the Stand

credit: N. Anderson
Wackydoodle sez:  He's no Roy Cohn!

Latest:  Trumpilini made another effort Thursday to get Justice Merchan to throw him in jail for contempt by criticizing one of the prosecution attorneys for being a DOJ operative allowing Joe Biden to run the trial. Justice Merchan should, at this late stage of trial simply fine the jerk again, because putting him in jail before a jury verdict would cause chaos and further undermine judicial process.  Or simply take the contempt under advisement and rule after the jury come back with a verdict.  The prosecution has not prominantly raised the contempt issue, but the CMM will no doubt continue to cover his hallway antics.

Update: Michael Cohen appears to have survived a second day of cross-examination by an inelegant and confusing Todd Blanche with his testimony intact. Blanche drew laughter from the courtroom when he asked the judge if he could approach the bench for a conference to which Justice Merchan replied curtly, "No". Blanche's goal is to establish that Cohen is motivated to lie against his client; has lied repeatedly in the past including while under oath; and is a convicted felon. These are points already covered in Cohen's direct examination, so no surprises here.  Blanche landed one blow: inconsistencies in Cohen's testimony about a 97 second October 24, 2016 phone call Cohen described initially as a phone call to Trump about making payment to Daniels. There were six other such calls in October around the same subject according to phone records. All Cohen needs to do is remain calm until his ordeal is over because the defendant's Roy Cohn-inspired trial strategy is failing. Prosecution has announced that Michael Cohen will be their last witness. The defense wanted to call an expert witness on campaign finance; Merchan rejected the request, saying "we are not going there" since he has already ruled on the issue.

{14.05.2024} US Person, aka the Cur, has one criticism of the prosecution's case so far.  The trial is in its third week of testimony and it is still not completely clear what exactly are the underlying crimes that make the record falsifications felonies*. That the hush money paid is a type of illegal campaign contribution is the theory used by the prosecution. Alternatively, the "grossing up" of Cohen's reimbursement constitutes a tax fraud. The underlying crime does not need to be proved beyond a reasonable doubt, but only the intent to commit the crime according to the statute. Defense will certainly argue that the falsifications, which cannot be plausibly denied at this point given the evidence, are only misdemeanor offenses.

The prosecution lost a round when Justice Merchan refused to allow the state to put into evidence CFO Weisselberg's severance agreement that pays him $750,000 if he does not cooperate or testify in any action against Trump. Weisselburg's absence from the stand will raise questions in the minds of the jury after hearing his name mentioned multiple times by more than one state's witness.  Whether he would be helpful to the state by further corroborating Michael Cohen is problematic.  Cohen's direct testimony has been effective, but his credibility may suffer during upcoming cross examination.

People's Exhibit 35 is central to the state's case because it demonstrates Donny's personal knowledge and approval of the payment for Daniel's silence. It is an Essential Consultant bank statement that contains the handwritten marginalia of both Cohen and Weisselberg detailing how Cohen was to be reimbursed for his $130,000 payment to Stormy Daniels. This memo was hand-carried to Trump's office where the three individuals reviewed its contents.  Trump then gave his go ahead for the payments. The Boss reassured Cohen that he had his back when Cohen's home and office was eventually raided by the FBI and his cell phones were seized. The Trump.Org was paying his legal bills until Cohen broke with his former boss in August 2018 after his family intervened against his slavish adherence to the cult of Trump.

*A person is guilty of falsifying business records in the first degree when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof. Falsifying business records in the first degree is a class E felony under New York statutes.

credit: P. Byrnes