Editor's note: Norman Eisen is a CNN legal analyst and editor of “Trying Trump: A Guide to His First Election Interference Criminal Trial.” He served as counsel to the House Judiciary Committee during the first impeachment and trial of then-President Donald Trump. The views expressed in this commentary are his own. Read more opinion pieces on CNN.
CNN —
Michael Cohen, former President Donald Trump's one-time lawyer and fixer, confronted the man. he simply called him “boss” as he began testifying Monday at Trump's trial in Manhattan. It was the most important day yet in what was already shaping up to be the trial of the century.
Cohen was one of the first witnesses I interviewed as part of the original Trump impeachment while investigating the 2016 election interference allegations that are currently at issue in the former president's hush money criminal trial. I was expecting a completely different person than the one I met, but he turned out to be straightforward, likable, and trustworthy.
His long-awaited appearance began on Monday, and I think he has exceeded expectations in the way he presented to the jury, at least so far.
That's no coincidence.
The district attorney's office had systematically corroborated Mr. Cohen's testimony with a series of reliable witnesses and supporting documents, gradually narrowing the scope of the unconfirmed evidence that Mr. Cohen would need to present.
And they continued to do so in their treatment of Cohen on his first day on the stand. Assistant District Attorney Susan Hoffinger and Cohen discuss the origins of Cohen's relationship with Trump and key aspects related to this prosecution, as well as hush money payments made to prevent his alleged affair with adult film actress Stormy Daniels from becoming public. The $130,000 payment was carefully scrutinized. Trump had a sexual relationship (Trump denies having a tryst).
Provided by Norm Eisen
Norm Eisen
That includes Mr. Cohen's career as President Trump's fixer, handling the real estate mogul's most vexing problems. Cohen said he kept Trump informed of developments on issues that were “troubling to him.” because “If Trump finds information from other places, it’s not going to work out well for you.”
Prosecutors used that background to establish a “catch-and-kill” scheme — buying and concealing media stories that could damage President Trump — and exploit Cohen's story about payments to Daniels. I decided to confirm this. This plan was also part of that plan.cohen testified He, American Media CEO David Pecker, former publisher of the National Enquirer, and Trump met in Trump Tower's “Trump's office on the 26th floor.” Mr. Cohen explained their plan, corroborated by Mr. Pecker's previous testimony. Pecker will “keep an eye on anything negative about Mr. Trump” and “will help us know in advance what is going to come out.” According to Cohen, President Trump's response was: And if anything negative happens, let Michael know and we'll take care of it. ”
Cohen told American Media to prevent a potentially damaging article from Trump Tower doormen Dino Sajudin and Karen McDougall, who claim President Trump had a child with his former housekeeper. testified to the execution of this capture-and-kill plan through testimony that he helped facilitate the payment of He is a former Playboy model who claimed to have had an affair with Trump. An interesting piece of testimony that adds further corroboration before we get to the hush money paid to Daniels is Cohen's recorded conversation with Trump on September 6, 2016, about repaying Pecker's $150,000 hush money. It came out when the prosecutors loudly played. The money he paid McDougall.
As the tape played, those of us in the courtroom heard Cohen's unmistakable New York accent. “I need to set up a company to transfer all the information about my friend David. [Pecker]” and “I talked.” [Trump Organization CFO] Allen Weisselberg talks about how the whole thing is set up. ” At that moment, President Trump's voice was heard. “So what do we have to pay for this? 150?” Trump was heard instructing Cohen to “pay in cash.”
By October 2016, Cohen recalled: “Access Hollywood” tape Damage Control and Daniels said there was evidence of a common pattern of hush money payments to avoid harm to the Trump campaign. Additionally, it was from a witness who gave credible testimony, and it was also credible that he agreed to make the payment to Daniels himself with President Trump's approval.
The same was true when Mr. Cohen described working with Mr. Weisselberg and Mr. Trump on the 2017 cover-up. Mr. Cohen ended the day by testifying that there was an agreement between the two and Mr. Trump in his office on January 16 or 17 of that year to hide the repayments as his income. Again, this testimony was heavily corroborated by Weisselberg and Cohen's notes and phone records, etc., about how the repayments were “grossed up” to account for taxes.
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Cohen will be the subject of vigorous cross-examination by lead defense attorney Todd Blanche, which will likely include many of the lies he now admits to telling and his guilty plea to perjury. But the prosecution's effective strategy greatly shortened the leap of faith required for jurors to believe him – as they did when I interviewed him.
Still, Monday was the most important day yet because it was the day prosecutors crossed the barrier of evidence beyond a reasonable doubt. Mr. Cohen's testimony regarding President Trump's intentional participation in every critical aspect of the plan reached that milestone. But Trump's lawyers could be effective and push Cohen and his evidence back to the other side of the cross. It will probably start on Tuesday, which will be an even more important day than Monday. In the meantime, prosecutors should be very satisfied with the status of the case.
