Michael Cohen calls Donald Trump his best day ever in bribery trial

(CNN) — Donald Trump had a good day in court after all.

The potential Republican nominee often appears embarrassed and angry over his first criminal trial, which has exposed details of his personal life and his alleged efforts to cover it up.

But this Thursday he got to watch his former fixer-turned-enemy Michael Cohen stagger on the stand during a terrifying interrogation. Cohen appears to be confused about the details of a call he previously said under oath was to discuss Trump’s hush money payment to adult film star Stormy Daniels. During questioning this Thursday, it was revealed that at least initially the subject of the call was a completely different matter.

It was the kind of inconsistency that Trump’s lawyers might use to try to sow reasonable doubt in the mind of a single juror about Cohen’s truthfulness and credibility. That’s all Trump needs to do to walk free. And now, when prosecutors come back to re-examine Cohen’s testimony after closing arguments next week, he faces the tough task of repairing the damage. “I think what happened today is still so devastating that they have to do something,” NYU law professor Ryan Goodman told CNN’s Erin Burnett. “If the case ended today and there were closing statements, I think there would be no conviction.”

A day later, Trump walked away from the courtroom very satisfied, surrounded by another group of Republican lawmakers, including Representative Matt Gaetz of Florida. The former president said, “I think it was a very interesting day, it was a fascinating day. And it shows what a scandal this whole thing is.” His hyperbolic twist and unique stance on the proceedings rang less hollow than usual, as there were several positive moments for the defense in a largely disappointing month for Trump in court.

Another day of testimony from Cohen, a key prosecution witness, came as the case neared its climax and the judge told lawyers to be ready to file briefs as soon as Tuesday. That means the jury will retire to consider its verdict in the first criminal trial of a former president shortly after Memorial Day and just five months before Trump is expected to retake the White House.

A crucial moment

On Tuesday, when the court last met this week, Trump’s lawyer Todd Blanche began cross-examining Cohen, saying it was a difficult day for most legal experts. But this Thursday he largely recovered.

Blanche first spent time destroying Cohen’s credibility. He highlighted the former Trump fixer’s proven record of lying to and on behalf of his former boss. And using text messages and social media posts, they established that Cohen was angry at Trump and wanted to see him convicted in a case that included falsifying financial records to hide a 2016 payment in the first instance of election interference accusing the former president. Is accused of doing. (Trump has pleaded innocent and denied having an affair with Stormy Daniels).

Then, in one of the most dramatic moments of the entire trial, Blanche told about a call Cohen made to his boss’s bodyguard, Keith Schiller, who was with Trump on October 24, 2016. What was the purpose of this, Cohen testified earlier this week? The call was to discuss “the Stormy Daniels case and its resolution” with Trump. But Blanche presented a message from Cohen to Schiller before the call in which the lawyer said he wanted help dealing with a 14-year-old boy who was pranking him. He did not mention Daniels in the text before the conversation, which lasted only 96 seconds.

“That was a lie!” said Blanche, raising her voice. “You didn’t talk to President Trump that night, you talked to Keith Schiller, admit it.” Blanch argued that there was no way Cohen could have had enough time to talk about the prank call and then update Trump on the complicated situation with Daniels.

Cohen insisted, “I think I also spoke to President Trump and told him that everything related to the Stormy Daniels case is being worked on and will be resolved.”

Blanche then said to Cohen, brandishing a metaphorical dagger: “We’re not asking you what you believe, this jury doesn’t want to hear what you believe happened.” Judge Juan Merchan upheld prosecutors’ immediate objection to the remarks, but Trump’s lawyer made his point clear.

This exchange was so significant because – despite prosecutors presenting several days of testimony and evidence to corroborate claims that Trump broke the law – the case rested largely on Cohen, himself a convicted felon, whose Has a proven record of lies.

Since the burden of proving the case beyond a reasonable doubt falls on the prosecution, this exchange could increase the likelihood that at least one juror will challenge Cohen’s version of events. And it also raises the possibility that some jurors will believe Cohen lied to them in the first trial. If this sentiment becomes dominant among jurors who have put their lives on the line to participate in the case, it could be disastrous for the prosecution.

“Blow on the chin”

No one can tell how different jurors will examine conflicting evidence and testimony. But experienced trial lawyers quickly spotted a potential twist. “I think it would have raised some questions,” criminal lawyer Nikki Lotz said on CNN’s “The Situation Room” about Blanche’s confrontation with Cohen. “There was testimony earlier that this phone call was about

Trump’s former lawyer Jim Trusty also believed that the exchange was important and that there was reason for the former president to feel optimistic. He said, “The defense set up the entire trial as a referendum on Cohen’s honesty. That’s how you want this fight to be, so it’s a good time.”

When Blanche finally completes her cross-examination of Cohen, the defense will have the opportunity to try to repair any damage caused by one of the most crucial moments of the trial so far. Some experts said it was just a small mistake compared to the mountain of evidence, much of which looks potentially problematic for Trump.

CNN legal analyst Norm Eisen said that Blanch’s apparent takedown of Cohen was a good professional performance by the defense, but he refuted the idea that the episode was disastrous for the prosecution. “It was a blow to the chin. My experience in 30 years of doing this is that it takes more than one blow to knock out a witness,” Eisen told CNN’s Anderson Cooper. Conservative lawyer and staunch Trump critic George Conway, who was also in court Thursday, told CNN that although there were some good moments for Blanche, much of her cross-examination was “scattered” and circuitous and did not establish a solid story. Was.

But another, less dramatic moment in Thursday’s testimony could also give the defense a strong opening in its final summation to the jury. Blanch asked Cohen about a time when he said he lied under oath to a judge in a separate case because “what was at stake affected him personally.” Cohen agreed.

Blanche then asked Cohen: “Are you personally affected by the outcome of this trial?” Cohen replied: “Yes.” The unspoken implication here is that if Cohen lied in a previous trial that affected him personally, why wouldn’t he do the same in a trial involving his current enemy, the former President?

Again, the defense does not have to prove that Cohen was lying. All you have to do is make one juror think it’s possible, and thus make the unanimous verdict required for conviction impossible.

Many prosecutions use potentially problematic witnesses who have a history of lying and who display hatred toward the defendant at all times; For example, in organized crime cases where low-level associates are used to entrap ringleaders despite their own legal weaknesses. So Cohen’s trouble at a critical moment Thursday doesn’t mean the case is in serious trouble.

But everyone involved with the case knew even before the trial began that Cohen’s key role in the case posed a risk to the prosecution. The sheer scale of that bet was laid bare in court on Thursday.