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    Recap special: Michael Cohen testimony in Trump's criminal trial, Day 2

    enMay 15, 2024

    Podcast Summary

    • Assuming past roles of witnesses undermines defense strategyIn Trump's criminal trial, the defense assumes key witnesses like Stormy Daniels and Michael Cohen are only their past roles, but their strong and credible testimonies challenge this assumption, leaving the jury to decide their credibility despite past lies by Cohen.

      That the defense strategy in Donald Trump's criminal trial appears to rely on the assumption that key witnesses, such as Stormy Daniels and Michael Cohen, are no more than the jobs they once held. However, both Daniels and Cohen proved to be strong and credible witnesses under intense cross-examination, leaving the jury with the challenge of deciding their credibility. Michael Cohen, a former Trump attorney, testified about an illegal scheme to hide hush money payments, but his history of lying raises questions about his sincerity. The trial continues with the defense presenting their case, and the jury's decision will depend on their assessment of the witnesses and the evidence presented.

    • Michael Cohen's composure during cross-examinationDespite past perceptions, Cohen displayed thoughtful and strategic responses during testimony, showing the importance of context in understanding witness behavior.

      Michael Cohen, a former lawyer for Donald Trump, testified in court with surprising composure during cross-examination, despite past perceptions of his defensive and combative demeanor. This was a significant moment as the suspense leading up to the testimony was whether Cohen could maintain his composure under pressure. The courtroom setting, with its formal constraints, appeared to contain Cohen's usual defensive responses. Furthermore, Cohen's pauses while answering questions were seen as thoughtful and strategic, rather than evasive or suspicious. This new, more contained version of Michael Cohen was a mournful and reflective man, acknowledging his past mistakes and the consequences of his actions, including serving time in prison. Ultimately, Cohen's testimony provided a window into the complexities of a witness's behavior and the importance of context in understanding their demeanor during legal proceedings.

    • Michael Cohen Trial: Defense Relying on Cross-ExaminationDefense's strategy hinges on discrediting Cohen through cross-examination, but prosecution's strong case and witnesses leave little room for maneuver. Outcome uncertain as defense may challenge evidence or present new info on Thursday.

      Key takeaway from the Michael Cohen trial is that the defense seems to be relying heavily on their cross-examination of Cohen as their main defense strategy. The prosecution has presented a strong case with corroborating evidence and witnesses, leaving the defense with little to no need to call their own witnesses. The defense's attempt to paint Cohen as an unreliable narrator or a grifter did not seem effective due to the prosecution's prior context-setting. The jury has already heard about Cohen's past actions and motivations, making the defense's repetition of these points less impactful. The trial's outcome may depend on whether the defense can successfully challenge the prosecution's evidence or if they can surprise the jury with new information on Thursday.

    • Michael Cohen Trial: Combative Scene Inside and Outside CourtroomTrump's allies defended him outside the courtroom while Cohen testified about hush money payments. Inside, evidence was presented but not during cross-examination, making it difficult for the public to follow.

      The ongoing trial of Michael Cohen, former lawyer to Donald Trump, featured a combative scene in the courtroom and outside, with Trump's supporters attempting to circumvent his Manhattan gag order. Cohen testified about Trump's involvement in hush money payments to Stormy Daniels, and during the trial, evidence was presented in the direct examination but not during cross-examination, making it difficult for the public to follow. Trump's allies, including senators and the speaker of the house, spoke on his behalf outside the courthouse, asserting his innocence and criticizing the judicial system. Inside, Cohen described the humiliating experience of serving Trump, and outside, potential replacements for Cohen were seen auditioning for the role. Despite the lack of clear evidence presented during the trial, Trump's team aims to create "presidential level reasonable doubt" to prevent his conviction.

    • Republicans' Unwavering Support for Trump on DisplayDespite serious allegations, Republicans remain steadfast in their support for Trump, raising ethical concerns and highlighting political divide.

      The Republican party's unwavering support for former President Donald Trump has reached new heights, with party members publicly praising him and dressing alike to show their allegiance. This display of sycophancy was on full display during a recent court trial, where Trump's allies defended him against allegations of infidelity and financial wrongdoing. Despite the serious implications of these allegations, including attacks on the judicial system, the Republicans remained steadfast in their support. This hypocritical stance was particularly evident when compared to their staunch opposition to abortion and other moral issues. The party's willingness to overlook Trump's alleged transgressions, even as they sit in judgment of others, raises serious ethical concerns and highlights the deep divide within American politics. Additionally, the party's high-stakes bet on Trump's continued influence and power is a risky move that could have significant consequences for the future of American democracy.

    • A crucial moment for American democracy: The Cohen trialThe Cohen trial is a significant test for the rule of law in the US, with potential consequences for democracy if the Republican party continues to undermine the judicial system.

      The ongoing trial of Michael Cohen's hush money payment to Stormy Daniels has become a significant moment for the rule of law in the United States. The Republican party's public denunciement of the judicial system and the trial itself, as described by Rachel Maddow and Lawrence O'Donnell, could potentially be a crucial step towards the fall of American democracy if it leads to another Trump presidency. During the first day of Cohen's cross-examination, his defense team aimed to show that Cohen was motivated to act alone due to his obsession with Trump, but they did not provide sufficient evidence to support this claim. The defense also tried to suggest that Cohen was a leaker and an incentivized witness, but these arguments did not seem to be winning points in the courtroom. Overall, the fairness of the trial and the importance of upholding the rule of law are at stake in this high-stakes legal battle.

    • Defense team uses confusion and misdirection in Michael Cohen trialThe defense team for Michael Cohen in his current trial is employing a strategy of confusion and misdirection due to a lack of strong facts. Despite inconsistent testimony from Cohen, the effectiveness of this strategy depends on the defense's closing arguments and their ability to portray Cohen as a reformed figure.

      The defense team for Michael Cohen in his current trial is employing a strategy of confusion and misdirection due to a lack of strong facts. Cohen, who served jail time related to the charges and had his phones potentially tampered with before being handed over to the DA's office, appeared shifty during cross-examination. However, the effectiveness of this strategy depends on the characterization of Cohen in the defense's closing arguments. While Cohen's inconsistent testimony about past lies may not eviscerate core facts, it could undermine his credibility and the defense's attempts to portray him as a reformed figure. The defense's approach, which has included floating various legal theories, may be challenging for Todd Blanch, who has spent most of his career as a federal prosecutor and is not as accustomed to state court trials and extensive cross-examination.

    • Michael Cohen's interactions with Robert CostelloMichael Cohen was pressured by Robert Costello to hire him, emphasizing his close relationship with Rudy Giuliani and ability to communicate with President Trump, leading to a 'back channel' attempt and a sense of sketchiness in the trial.

      Learning from Michael Cohen's testimony is the description of his interactions with Robert Costello, a lawyer introduced to him after the FBI raid on his home in 2018. Cohen testified that Costello pressured him to hire him, emphasizing his close relationship with Rudy Giuliani and his ability to communicate with President Trump. Costello's emails, read in court, showed a clear attempt to secure Cohen's representation and establish a "back channel" of communication. This moment was alarming due to the written nature of the communication and the pressure put on Cohen to stay quiet. The entire trial has been marked by a sense of sketchiness, with various Trump associates, including lawyers and tabloid publishers, operating in questionable ways. The pivotal moment came when Cohen decided whether to stay on board with Costello, and the president's tweet expressing support for Paul Manafort, who refused to cooperate, further highlighted the pressure to stay loyal.

    • Defense fails to present clear narrative in Trump's attorney trialThe defense's lackluster presentation at the trial of Trump's former attorney leaves doubts about Trump's innocence due to inconsistencies and a failure to dismantle the prosecution's case.

      Key takeaway from the ongoing trial of former President Donald Trump's former attorney Michael Cohen is the lackluster defense presentation. Despite several conflicting portrayals of Cohen's motives, the defense failed to provide a coherent narrative explaining why the jury should believe Trump's innocence. The cross-examination by Trump's attorney, Todd Blanche, focused on Cohen's bias and inconsistencies but lacked substance in dismantling the prosecution's case. The defense's inability to present a clear and compelling argument leaves doubts about Trump's potential involvement in the alleged felonies.

    • Defense fails to effectively challenge Cohen's testimonyThe defense team focused more on attacking Cohen than presenting a strong case for their client, leaving the jury with a disjointed and unclear understanding of the import of the testimony.

      Key takeaway from the Michael Cohen trial cross-examination is that the defense did not effectively challenge the prosecution's case regarding campaign finance violations and record manipulation. The defense team focused on showcasing what they perceived as negative aspects of Cohen, but they did not land a clear knockout blow against him. The jury appeared to be observing the testimony carefully, but it was a halting and disjointed process. From a legal perspective, the defense was not obligated to address every issue raised by the prosecution, but their strategy seemed to be more about attacking Cohen than presenting a strong case for their client. The jury, particularly those with less prior knowledge of the case, may not have fully understood the import of the testimony due to its disjointed nature. Despite Cohen's past associations with Trump and his own legal troubles, the defense's strategy did not effectively challenge the prosecution's case.

    • Michael Cohen's Testimony Leaves Reasonable Doubt for Some JurorsJurors are focusing on Cohen's testimony and Trump's actions regarding him, indicating that Cohen may be a key player in the conspiracy or that Trump has something to hide.

      Learning from the trial discussion is that the testimony of Michael Cohen, the last witness for the prosecution, leaves reasonable doubt for some jurors about Trump's criminal intent in the election crime case. Cohen's unreliability and disregard for rules raise questions about his account of Trump's intent, which is crucial for proving the crime. The jury's intense focus on Cohen's testimony and Trump's efforts to protect him suggest that Cohen is a critical part of the conspiracy or something Trump has done wrong. The inconsistencies in Cohen's memory of events and his communication with Trump about FEC inquiries also raised awareness of guilt. The jury's deliberations may hinge on whether they believe Cohen's testimony or not, and the absence of other witnesses and documents to corroborate Cohen's account may make it challenging for them to reach a unanimous decision.

    • Political figures rally outside Trump's criminal trialRepublicans defended Trump at his criminal trial, using it as a platform for campaigning and fundraising, while Trump viewed it as a win based on a poll and continued to make statements through surrogates, creating a spectacle outside the courtroom.

      The trial of Donald Trump's criminal case saw intense outside activity as Republican figures, including Mike Johnson and Trump's vice presidential hopefuls, held press conferences outside the courtroom to defend Trump and attack the trial. This was seen as a political move, with Trump viewing the trial as an opportunity for campaigning and fundraising. The group's coordinated outfits added to the spectacle. Inside the courtroom, Michael Cohen testified about his regrets and the cost of excessive loyalty to Trump. Despite the damning testimony, Trump continued to believe he was winning based on a poll he had seen earlier that day. The gag order preventing Trump from making certain statements led him to have others make them on his behalf. The scene outside the courtroom was described as a circus, with the real action happening outside rather than inside.

    • Former opponents accuse judge and daughter of corruption during Trump trialTrump trial exposes corruption allegations against judge and daughter, potentially neutralizing guilty verdict for Trump and fueling political base.

      The ongoing criminal trial against Donald Trump has seen a parade of his former political opponents publicly accusing the presiding judge and his daughter of corruption. The daughter is reportedly making millions as a Democratic operative, and some argue that this constitutes a violation of the gag order. Trump himself was seen making notations on the testimony during the trial. The utility of this public display may be to neutralize a potential guilty verdict in the eyes of his followers and potentially turn it into an advantage. The former contestants' repetition of these accusations may also be aimed at the right-wing echo chamber, stoking the base's ire. The trial serves two audiences: the legal one and the political one. Despite the lack of actual friends or family support, Trump is receiving a simulacrum of friendship from these former opponents.

    • Cohen's falsified invoices reveal Trump's involvementMichael Cohen's admission of falsifying invoices and receiving falsified checks from Trump established Trump's role in illegal hush money payments.

      Key takeaway from today's testimony in the Trump trial is the significance of Michael Cohen's admission that he falsified invoices and checks to hide hush money payments, which established Donald Trump's involvement in the illegal scheme. Cohen testified that he purposely mislabeled invoices and received falsified checks from Trump himself. The prosecution presented this evidence to establish that Trump had engaged in falsifying business records. The jury appeared attentive during this methodical and slow process of going through all 11 instances of the crime. Despite the defense's attempts to assail Cohen's character, the emotional high point of the testimony, where Cohen described being abandoned by Trump after the election, made it difficult for the defense to shred Cohen's testimony in the minds of the jury.

    • Cohen's defense of revenge against Trump weakensDespite Cohen's claims of unpaid services, the checks were for hush money and the prosecution's case is strong due to documented evidence and testimonies.

      The defense's argument for Michael Cohen seeking revenge or hate against Trump for unpaid services has lost its impact due to repetition. The checks shown in court were not for legal retainer as claimed by Cohen, but rather hush money payments. The prosecution's case is strengthened by documented evidence and testimonies from people close to Trump. The jury's attention was captivated during Cohen's emotional testimony. The prosecution's bar for proving guilt is higher than the defense's for acquittal. Michael Cohen is expected to be the last witness, and after the defense's closing arguments, the prosecution will rest, followed by the judge's instructions to the jury. The defense will then argue for an acquittal, but it's unlikely to succeed given the evidence presented.

    • Complex nature of Cohen and Weisselberg trial leads to lengthy proceedingsProsecution aims to connect all evidence against Cohen and Weisselberg, defense seeks to distance Trump, Cohen's damaging testimony adds weight, defense needs to focus on attacking Cohen's credibility and providing clearer narrative

      That the upcoming summations in the trial of Michael Cohen and Allen Weisselberg, former executives of the Trump Organization, are expected to be lengthy due to the complex nature of the case. The prosecution aims to connect all the pieces of evidence against Cohen and Weisselberg, while the defense seeks to distance Donald Trump from the alleged wrongdoings. Cohen's damaging testimony, which implicates Trump directly, adds significant weight to the prosecution's case. The defense, however, has yet to put forward their case effectively, and their attempts to undermine Cohen's credibility have been criticized for being inconsistent and unclear. In the next phase of the trial, the defense is advised to focus on attacking Cohen's credibility more forcefully and providing a clearer narrative to counter the prosecution's arguments.

    • Focusing on inconsistencies and credibility in Trump's trialThe defense should emphasize inconsistencies in witness statements and question their credibility during Trump's trial, while also presenting evidence to challenge the prosecution's theory.

      That during the trial of Donald Trump, it's crucial for the defense to focus on inconsistencies and credibility rather than personal attacks. Michael Cohen, Trump's former attorney, has made inconsistent statements regarding tax evasion in the past, and the defense should highlight these discrepancies. Additionally, if the prosecution's theory of the case is that the checks were for legal work, the defense should present evidence to support an alternative theory. The trial, which started in 2024 for actions committed in 2016 and 2017, has seen Trump's involvement in the defense, and it's expected that he will continue to be active during the final stages of the trial. The outcome of the trial, including a potential jury verdict, remains uncertain due to Trump's history of delay tactics. The defense team faces a significant challenge managing such a high-profile and unwieldy client.

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