Trump's desire to silence Stormy Daniels was corroborated by Michael Cohen, according to others.

Not signing an NDA is not a crime.

Trump's desire to silence Stormy Daniels was corroborated by Michael Cohen, according to others.
Trump's desire to silence Stormy Daniels was corroborated by Michael Cohen, according to others.

Yesterday, Michael Cohen's testimony had a familiar tone because his initial task was to corroborate the story of the National Enquirer's publisher.

Prosecutors reviewed various forms of communication, including meetings, phone calls, emails, and texts, with Donald Trump and others as they testified to the accuracy of David Pecker's testimony.

In 2015, when Trump announced his first campaign, Cohen recalls his boss predicting that many women would come forward. This prediction would eventually become true.

In the following year, when Cohen informed Trump about Karen McDougal's alleged affair, Trump's response was: "She's very beautiful."

Michael Cohen is questioned by prosecutor Susan Hoffinger during former U.S. President Donald Trump's criminal trial
Michael Cohen is questioned by prosecutor Susan Hoffinger during former President Donald Trump's criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, U.S. May 13, 2024, in this courtroom sketch. (REUTERS/Jane Rosenberg )

The credibility of Cohen as Trump's "fixer" will be attacked by prosecutors, knowing the defense will do the same. He is a convicted liar who has served time in prison, and the trial may turn on whether the Manhattan jury believes him now.

Cohen's motivation for his crusade against Trump, whom he served for 10 years, is clear. Judge Juan Merchan instructed the prosecution on Friday to caution Cohen to refrain from making any additional comments, as Trump has complained that he is being attacked but is unable to respond due to the gag order.

Cohen's TikTok picture of himself wearing an orange head behind bars was not particularly mysterious.

Cohen recounted an interesting story about his time working for Trump, where he was "on top of the world" during the decade he spent with the real estate developer. Cohen had billed $100,000 worth of work for a Trump entertainment unit, but when he brought up the unpaid bill, Trump offered him a job. However, Trump jokingly threatened to fire Cohen on the first day if he brought up the bill again. Cohen's job was to pressure law firms into lowering their bills.

During this time, D.A. Alvin Bragg's prosecutor inquired if Cohen would lie for Trump and if he would bully for Trump. Cohen responded with "Yes ma'am" to both questions.

In the summer of 2015, Cohen's account of his meeting with Trump and Pecker was consistent with the publisher's version. The Enquirer would publish favorable articles about Trump, while also publishing unfavorable stories about some of his opponents. Pecker would alert Trump if someone else had a negative story and attempt to suppress it.

Pecker had stated that Cohen would preview articles and covers in advance, including a false allegation about Hillary Clinton's brain injury, and inform Trump to take credit.

The Trump Tower doorman, whom the Enquirer paid $30,000 for a false story about a love child, was the first test for Cohen. He advised adding a $1 million penalty if the man breached the agreement.

Karen McDougal was not called as a witness by the prosecution, possibly to avoid giving Trump an appeal point.

The cost of the catch-and-kill payment for the Enquirer would be $150,000. Trump approved, and in the recorded call, he suggested paying in cash, but his lawyer argued that a check would make the transaction appear legitimate.

Pecker was "angry" and "upset," stating that the amount of money he had to hide from the CEO of his parent company was too much.

McDougal and her lawyer initially rejected the deal, but Cohen feared she was talking to ABC. However, they eventually accepted the agreement.

Former U.S. President Donald Trump sits with his eyes closed as Michael Cohen is questioned by prosecutor Susan Hoffinger during Trump's criminal trial
Former U.S. President Donald Trump sits with his eyes closed as Michael Cohen is questioned by prosecutor Susan Hoffinger during Trump's criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, U.S. May 13, 2024 in this courtroom sketch. (REUTERS/Jane Rosenberg)

Pecker informed Cohen that they should forget about the reimbursement because a cover shoot with McDaniel for Men's Health, which was part of the deal, exceeded expectations and they were planning a second one, worth at least $150K.

Cohen's other important answer regarding the payment to Stormy Daniels was deemed "catastrophic" after the "Access Hollywood" tape. Cohen inquired about Trump's wife.

Trump's testimony revealed that he instructed his team to prioritize winning the election over the Stormy Daniels business. If he won, the business would become irrelevant, and if he lost, it wouldn't matter.

Cohen stated that his thoughts were not about Melania, and that the campaign was the sole focus.

If Trump's concern for protecting his family was legitimate, as former aide Hope Hicks claimed, then doing it for campaign reasons could lead to political manipulation and falsification of records.

Cohen delayed giving the money, so Daniels canceled the deal. Her lawyer informed Cohen that she was going with the Daily Mail instead. Trump became enraged, stating that he believed the matter had been resolved. Eventually, the deal was reinstated.

On October 16, 2016, Cohen went to the bank after speaking to Trump and transferred money from his home equity line of credit to purchase the life rights to Stormy Daniels' story. Cohen testified that he would not have done this without Trump's approval, who said, "Don't worry, you'll get your money back." (And he eventually did.)

Before the election, Cohen consulted with Hicks on how to spin the story about the Enquirer's deal with McDougal, but decided not to release Stormy's denial after determining it wouldn't garner much attention.

Trump speaks to media
Trump speaks to the media on May 13.  (SETH WENIG/POOL/AFP via Getty Images)

During the testimony, Cohen appeared relaxed, according to courtroom reporters, but to me, the most significant aspect is this:

What alternative version of events can Trump's attorneys possibly offer to Cohen's testimony? Can the defense argue that Cohen, Pecker, and Davidson, the lawyer for both Daniels and McDougal, are all lying?

The sequence of events is well-documented, but their motivation can be challenged.

The Trump team will likely argue that Cohen's testimony is not credible because he has a history of lying, including his involvement in the taxi medallion business and his time in prison. They may also point out that he has profited from turning on Trump and has become a well-known figure in the media. Despite these facts, it remains to be seen whether Cohen's testimony will be enough to discredit him.

Cohen was inoculated against cross-examination by spending the rest of the day being inoculated against it. Cohen was "beyond angry…truly insulted, personally hurt" when Trump cut his 2016 bonus by two-thirds.

Cohen was not a suitable candidate for White House chief of staff, but he had an inflated ego. He sought to be Trump's personal lawyer without payment, which Trump granted at the last minute. Cohen was reimbursed for the $130,000 hush money payment, plus a bonus, at Trump's direction.

It is not illegal to sleep with a porn star or Playboy model, and it is not a crime to sign an NDA.

If all 12 jurors agree that Michael Cohen was telling the truth on the stand, the former fixer may receive his fix.

by Howard Kurtz

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