A Disbarred, Serial Perjurer Walks into a Court and Asks to Take an Oath…Seriously, No Joke

C-Span/YouTube Screenshot

Below is my column in The Hill on the expected appearance of Michael Cohen in the Manhattan trial of former president Donald Trump. It will be a scene that is both mesmerizing and repellent for many, particularly in the bar.

Here is the column:

A disbarred, serial perjurer walks into a courtroom and asks to take an oath . . . No, seriously, this is not a joke. Michael Cohen will soon appear in a Manhattan courtroom in what is sure to be one of the most bizarre moments in legal history.

Cohen nearly comprises the prosecution’s entire case against former President Donald Trump under a criminal theory that still has many of us baffled. It is not clear what crime Trump was supposedly trying to conceal by making “hush-money” payments to former porn actress Stormy Daniels.

What is clear is that none of the witnesses called in recent weeks has had any direct involvement with Trump on the payments.

The witnesses had a lot to say about Cohen, and most of it was not good. They described an unprofessional, self-proclaimed “fix-it man” who created a shell corporation to buy out Daniels with his own money. The money was later paid back by Trump after the election, with other legal expenses.

So Cohen will now make the pitch to the jury that they should put his former client in jail for following his own legal advice.

This would be difficult even for a competent and ethical lawyer. For Cohen, it is utter insanity. But Bragg is betting on a New York jury looking no further than the identity of the defendant to convict.

Cohen has an impressive history of lies and exaggerations that may be unparalleled. Just weeks ago, another judge denounced him as a serial perjurer who was still gaming the system.

This is not the defendant, mind you, but Alvin Bragg’s star witness.

I have been an outspoken critic of Cohen going back to when he was still representing Trump. His unethical acts were matched only by his unprofessional demeanor.

In 2015, after students on the Harvard Lampoon played a harmless prank on Trump, Cohen was quoted by a student on the Lampoon staff as threatening them with expulsion.

When a journalist pursued a story Cohen did not like, he told the reporter that he should “tread very f—ing lightly because what I’m going to do to you is going to be f—ing disgusting. Do you understand me?”

It is not hard to “understand” Cohen. He has long marketed his curious skill of voluntarily saying whatever the highest bidder wants him to say.

He is a convicted perjurer who seems to lie even when the truth would do. Each time he is caught lying, he claims to be the sinner who has finally seen the light, seeking redemption.

When he was called before the House to testify against Trump soon after his plea agreement with the Justice Department (for lying), Cohen was again accused of perjury. House Oversight Chairman Elijah Cummings (D-Md.), warned Cohen repeatedly that he had better tell the truth this time. Cohen then testified that Trump wanted him to work in his administration and offered him multiple jobs, which he turned down. He also claimed, “I have never asked for, nor would I accept, a pardon from President Trump.”

Multiple sources have said that Cohen’s lawyer pressed the White House for a pardon, and that Cohen unsuccessfully sought a presidential pardon after FBI raids on his office and residences last year.

Even after being stripped of his law license and sentenced to three years in prison, Cohen continued the pattern. In 2019, Cohen failed to appear to testify before the Senate Intelligence Committee, citing an inability to travel due to surgery. He was then seen partying before the hearing date with five friends.

Even while in jail, Cohen was accused of lying to a court, in violation of an order for early release due to medical problems. He was ordered back into custody after being spotted at a high-end restaurant.

But the most impressive moment came when Cohen was put back on the stand under oath and matter-of-factly claimed that he had lied in his prior hearing, when he pleaded guilty to lying.

In his 2018 guilty plea before U.S. District Judge William Henry Pauley III, Cohen admitted to this conduct under oath.

Then, when Cohen was asked by Trump’s counsel, “Did you lie to Judge Pauley when you said that you were guilty of the counts that you said under oath that you were guilty of? Did you lie to Judge Pauley?”

Cohen responded, “Yes.”  He was then again asked “So you lied when you said that you evaded taxes to a judge under oath; is that correct?” He again responded, “Yes.”

Most of us expected the Justice Department to bring new perjury charges at that point. It is rare that a defendant will actually take the stand and confess to perjury. However, Cohen was now useful again. This time, he was willing to deliver Trump. The Justice Department and Manhattan prosecutors were clearly willing to tolerate a little perjury for that prize.

Cohen’s conduct has already loomed large in the Manhattan proceedings. When Keith Davidson took the stand — the attorney who represented both Stormy Daniels and former Playboy model Karen McDougal — he recounted how Cohen was furious about not being offered a job in the White House. That directly contradicts Cohen’s congressional testimony. Davidson said that Cohen believed he might be named attorney general.

The account, if true, shows that Cohen is not only unethical, but also delusional. Cohen was found incapable of being an attorney, let alone an attorney general.

As prosecutors set the table for the grand arrival of their star witness, the testimony only got worse. David Pecker, the former owner of the National Enquirer, said charitably that Cohen was “prone to exaggeration.”

Davidson described Cohen’s profane and unprofessional conduct, stating that “the moral of the story is nobody wanted to talk to Cohen.” That may be the first time the word “moral” was used in the same line with Cohen.

Former Trump associate Hope Hicks mocked Cohen on the stand. She said that he constantly tried to insinuate himself into the campaign, without success, and that he “used to like to call himself Mister Fix It, but it was only because he first broke it.”

Mind you, these were his fellow prosecution witnesses, not the defense.

These witnesses also contradicted the basis for the prosecution. Pecker said that he killed stories for various celebrities for years, and that he did so for Trump for over a decade before he ran for office. Davidson testified that he did not consider the deal to be “hush money” but simply “consideration” to kill bad press.

Hicks testified that she believed Trump wanted to kill the stories in significant part to protect his family from embarrassment.

Cohen could not even maintain a consistent position during the trial. Many of us have denounced the gag order on Trump that prevents him from responding to Cohen’s unrelenting attacks in the media. Cohen then promised to stop any further comments. That promise may have set a record for Cohen. He kept it for roughly three days before being accused of trolling for dollars on social media by attacking Trump.

District Attorney Bragg will now call this disbarred, serial perjurer to make the case against a former president.

Under New York law, the oath administered by the court is supposed “to awaken the conscience and impress the mind of the witness in accordance with that witness’s religious or ethical beliefs.”

Before the bailiff administers the oath to Cohen, Judge Juan Merchan may have to warn spectators in the courtroom not to laugh. For anyone familiar with Cohen, it will sound like the ultimate punchline to a bad joke.

Jonathan Turley is the J.B. and Maurice C. Shapiro Professor of Public Interest Law at the George Washington University Law School.

259 thoughts on “A Disbarred, Serial Perjurer Walks into a Court and Asks to Take an Oath…Seriously, No Joke”

  1. Consider President Trump has the resources to defend himself in a “justice” system we believed in gone rogue, what chance will any of us?

  2. engoron found cohen credible- he did time for his lies- if cohen was the only one saying what he is saying i’d be skeptical as hell- he’s not- the theory of the case is tendentious- hopefully the state will be able to provide a short easy to follow closing and give the jury a roadmap to conviction- trump is a cancer- apparently turley has gone over to the cult- sad

    1. The ‘theory’ of the case is that Trump is polling much better than Biden and the democrats don’t trust being able to beat him in a fair election. Might as well use lawfare as tool to attempt to take him down. It’s the judges and prosecutors that should actually be on trial if we actually had justice.

    2. EnMoron found lots of things that are absurd. EnMoron found MAL to be worth $18M when it is actually worth between 1-2B.
      MAL was worth more than 18M 50 – years ago.

      EnMoron is less credible than Cohen.

      Regardless, this case is garbage. No one – even bragg would bring it – until Pomerantz quit and blackmailed him in his book.
      Pomerantz has now plead the 5th multiple times regarding his handling of this case.

      There are oh so many flaws in this case – starting with the prosecutions theory of the case criminalizes ALL politics.

      First we have 34 counts of a crime that is not supported by the facts – payments for NDA’s are legal expenses.
      that even if they were not are still not crimes – fraud requires a duty to tell the truth and actual harm to those you own that duty to.
      That does not exist here – nor in the EnMoron case.

      But even the above is problematic – because to go to trial – the alleged 34 counts REQUIRE that they be to cover up another crime – on that Trump was not indicted for, and not charged with, and can not be tried for.
      That faux crime was first introduced in colangelo’s opening. A crime that fails both the US constitution and NY constitutions void for vagueness, and that itself requires ANOTHER crime – that to this date remains unspecified.

      We have had 10 days of testimony – none of which has any bearing on any crime that has been alleged.

      And you think Bragg can fix this with a closing ?

      The prosecution came into this trial with nothing, and they have been losing ground by the day.

  3. The funny thing is that Bragg’s farce is all for nothing. The jury sees that the trial is moving the needle in the wrong direction. Trump will be elected president no matter what verdict they render. He already has an overwhelming lead in the polls, and the polls do not even include that percentage of democrats and independents too embarrassed or frightened to admit that they will vote for Trump come November. Do you think the Jury will decide to go ahead and make an enemy of the next President, who will be handed a justice system newly-weaponized by the Left? Good luck with that. I look forward to seeing your high hopes dashed.

  4. OT: Biden has “suspended” arms shipments to Israel in the middle of a war.

    Biden was told by far left historians like Michael Beschloss, Douglas Brinkley and Doris Kearns Goodwin he was FDR but in the real world FDR had Lend Lease in support of England and freedom and Biden has arms suspended to Israel as a favor to Hamas.

    Whenever you think of Hamas you should think of Al Qaeda, ISIS and the Taliban. Now imagine GW Bush sending Osama aid because his forces were starving those he captured or took over, or Obama sending aid to ISIS because of the poor women that enlisted in his army are being attacked and any president, other than Biden, sending billions to the Taliban because Afghanistan is now hurting.

  5. Professor Turley omitted what should have been the final sentence of this piece:
    With all that said, the sad reality is that Cohen isn’t too different than 9 out of 10 lawyers in America.

  6. Recap of The Moment –

    New York County Manhattan D.A.: Alvin Leonard Bragg Jr. Esq. calls his ⭐STAR⭐ Witness!
    Michael Cohen (a.k.a.: Heinz, the Baron Krauss von Espy),
    Alvin Bragg’s, Tenzing Norgay
    [This is a Parody]

    1. Meantime back at Rancho Kalifornia,
      Hunter Biden (Ollie) and his Attorney (Kevin Morris) draws fire for the handling of Weapons
      [This is a Parody]

  7. Why is professor Turley surprised? He seems to forget that lawyers do what their clients want and are often hired because of how they manage legal problems. Cohen was very good at lying FOR Trump. That’s what Trump wanted and preferred of his lawyers. Turley leaves out the fact that it was Trump who hired Cohen precisely because he does what Turley seems so surprised about.
    All you have to do is look at his current crop of lawyers and those that have been disbarred, sanctioned, and quit midway through a case because they have all done what Trump wants. Cohen may be a “serial perjurer” but that’s what Trump likes. Trump’s lawyers, all of them have been doing stupid and unethical things in court or out of court.

    Cohen may be a liar, but he was once Trump’s liar and after being thrown under the bus by Trump even a liar can be honest about what he did for a former client. Being a witness for Bragg presents a problem for Trump’s defense because Cohen was clearly well versed on Trump’s intentions and needs. He was the “fixer”. Cohen’s testimony will be crucial and it will be up to the jury to decide if he is indeed lying again or if he’s being honest about his prior lying for Trump.

    Turley likes to ignore the long trail of ruined careers and jailed lawyers that once worked for Trump. Because they all did what Trump WANTED. Not because they chose to do it on their own. As a lawyer himself Turley should know better than that. Attacking Cohen’s credibility as a liar deflects from the fact that it is precisely why Trump hired him. Because he’s good at it.

      1. @ Iowan2, I’m not wrong. Cohen did exactly what Trump wanted him to do. Trump hired Cohen because he was good at lying. Just as most of his current lawyers are. Trump does have a lengthy history of ruining the careers of lawyers he hires and there are those that jump ship before there’s serious damage to their reputations and careers.

        Trump likes to brag that he only hires the best people. But the best lawyers or firms will not work for him for any amount of money. The professor clearly forgets to mention that inconvenient truth.

        Cohen may be a liar and a “serial perjurer” so was his financial officer. He committed perjury too. So who is really running the show? His staff or Trump? I doubt Trump is not telling his employees to lie for him or do questionable things that may get them in trouble in the future.

      2. @Iowan2,

        Never touches on the topic? The topic is about Cohen who is deemed a liar by the professor. My post was about Cohen and why he was chosen by Trump as his lawyer. Because he’s a very good liar. Why would that not make sense? Lawyers do what their clients want. That’s what they get paid for. You don’t agree?

        1. My post was about Cohen and why he was chosen by Trump as his lawyer.

          You post is a series of ad hominem attacks.

      1. @ Millhouse,

        Because he’s a lawyer. He was hired by Trump because he was willing to do what Trump wanted him to do and for years he was very good at it.

        Trump’s current crop of lawyers have been a series of ruined careers and disbarments, and sanctioned for lying to the court. So why is professor Turley surprised that Cohen is taking the stand as a former Trump lawyer? He’s clearly attacking Cohen’s credibility without mentioning the fact that it was Trump who hired him precisely because he is good at lying and doing what he wants. Trump demands loyalty from all his lawyers, because he pays them to be loyal, but when he starts throwing them under the bus for doing what he wanted them to do things tend to change. Cohen chose to throw his former client under the bus.

    1. Exactly. Cohen himself once said that Trump does not hire lawyers for their advice. He is never interested in legal advice. Trump hires lawyers for the sole purpose of doing what he wants to get done regardless of the legality of his plans.

      He learned this from his first lawyer, Roy Cohn, the eventually criminally convicted, disbarred homosexual who died of AIDS.

    2. Outside of Cohen who deserves all the ruination he has gotten, your Trail of ruined people is the proof of your own vile conduct.

      Your willingness to destroy other people to try to get at Trump.

      As to Why Trump hired Cohen – this trial has made that abundantly clear.

      There is a cabal of “entertainment lawyers” – all of whom resemble Cohen who have a cottage industry extorting the wealthy, celebrities, and politicians over embarrasing stories – true and false. It was self evident this was Cohen’s world.

      Trump was apart of it by virtue of celebrity, wealth and politics, and there are no lawyers in that domain that are not clones of Cohen.

  8. Well, in fairness, we gave one to Biden, too. See how great that worked out. The Left are such suckers.

  9. “Computers can never completely replace humans. They may become capable of artificial intelligence, but they will never master real stupidity.”

    Garrison Keillor, A Prairie Home Companion.

    Only the truly ignorant or those who have thrown rational thinking out the door because of blind rage and hatred can believe there is a legitimate case. Where is the punishment of misappropriation of taxpayer funds by the prosecution?

  10. There is risk in allowing a lawyer to sit on a jury. John Mitchell who served as AG in the Nixon administration was convicted of conspiracy, obstruction of justice and perjury and served 19 months in jail. He told a friend that the problem was that his lawyer, Bill Hundley, allowed a lawyer to sit on the jury. That lawyer, he said, became the daily go-to guy for jurors having questions about the law, the evidence and the testimony being presented. Jurors witnessed and participated in “two” trials, one in the courtroom and another in the jury room where the lawyer-juror would interpret the evidence in legalistic terms and meanings. His advice often jived with that of the prosecution’s side of the case.

    In the Trump case, what differs from the Mitchell case is that the evidence presented thus far has been meaningless in terms of the prosecution’s theory and this should be obvious to all the jurors, including the two lawyers. Mitchell was in fact guilty of the crimes charged and therein is a big difference between that case and the Trump case in which we have yet to learn what the actual “crime” was. Although the lawyers on the Trump jury are not criminal lawyers, they nonetheless should be able to see the flaws in the prosecution’s attempt to trick a jury into thinking laws were violated when, in fact, there does not appear to be any evidence of this, only speculation on the part of the biased NY prosecutor.

    1. The prosecutor Bragg’s theory apparently is if there was such a law Trump would have broken it.

  11. Cohen is a Zelig-type figure who changes shape to satisfy the powerful. He is more weak than evil. The real villains of the anti-Trump crusade are people like Bill Kristol, who ceaselessly works behind the scenes to build journalistic, , administrative and political alliances to “get” Trump.

  12. LAWFARE is like trials in Stalin’s USSR or Mao’s cultural revolution China….is meant to terrify you with their kangaroo court show trials. Everyone knows it is a lie. Just like the Russian Hoax.
    But NO ONE is punished as we goose step toward fascism! The Democrat Cultural Revolution is worse…at least in Mao’s China…you didn’t have to say a boy is a girl and girl is boy

    200,000/yr a year are dying of drugs and suicide…heck yesterday a car smashed full speed into the White House Gate. Democrats hope to get to a Million a year with the entire center of America….a Concentration Camp Plantation!

  13. Michael Cohen testifying is no more bizarre than E. Jean Carroll claiming she was raped by Donald Trump. We are truly living in clown world.

    1. VMBM, you can add Letitia James suing Trump without a victim…and winning with a partisan judge.

        1. Do you expect that James will ever see a dime ?

          All of these cases are losers. But it may take years to see them all dismissed.

  14. “criminal theory that still has many of us baffled” really? The USA is a fascist State with corrupt DOJ, FBI, judges, etc
    for some reason Republicans continue to fund democrat crimes and the USA freefalls!

  15. The problem with Cohen is that he is supposed to be a bought dog when working for a client. There is nothing wrong with that, from my point of view, but he failed to stay bought. When the dog turns on you and starts to bite you and your family, record your phones calls (privileged information), and then starts acting like a mad dog and threatening all the other animals in the barnyard, then you have to put them down.
    I think it’s time to call Kristi Noem.
    An aside here. Having been raised in areas where there were many chicken farmers, it was a common practice to put down any dog that started killing chickens. They tend to not stop with chickens and all their animals can be at risk.
    It’s the only way to be sure. (Another movie quote)

    1. it was a common practice to put down any dog that started killing chickens

      98% of the population is more than 2 generations removed from Farming/Ranching.

      Dog that cannot be trusted are put down, or put on a 25 ft log chain. This is as common as pulling on clean socks in the morning. That’s how the media works, lies about the common to create a “story” were none exists, AND to push and extreme leftist agenda.

      1. Iowan2-agree but there are many who don’t farm any more but still work in the field of agriculture and know what to do with feral dogs or coy dogs (crosses of coyote and feral dog). The only question is dog size and whether you go .22, 5.56, or Win 308. Of course some of the hefty raccoons in our area take down dogs also.

        1. Noem’s got a much bigger problem

          Her book contains a personal account of Meeting the North Korea dictator. Are there even 5 people in the Govt of the United States have met him? Why she pulled this lie out of her ass I’ll never know.

          But it is in effect, Pouring gasoline on her political career, and lighting the match. She is done.

    2. It might be time to call in Christi Noem for more than just Cohen. Perhaps the Judge, Bragg, and Joe Biden’s dogs along with Joe Biden. Here is the Texas law.

      Health & Safety Code Section 822.013
      Dogs or Coyotes that Attack Animals

      (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:
      (1) any person witnessing the attack; or
      (2) the attacked animal’s owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.

      Christie Noem did the responsible and right thing, though it has been portrayed as evil. I own dogs, train them and treat them well. However, when a dog becomes violent and dangerous it is time to put him down.

  16. “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence” (John Adams)

  17. In this case, the truth is irrelevant, and it is not “the evidence” that will determine anything. The objective, as we all know, is to convict the defendant prior to the election. The Director (the Judge) and the Producer (the prosecutor) will see to it. After November 5, no-one will care about the appeal.

    1. Sadly Wiseoldlawyer may be right. All we can hope for is one or two reasonable jurors, but that may be impossible.

      1. Can you imagine the pressure that would be applied to any holdout juror by his/her fellow jurors and the corrupt judge.

    2. What is most relevant to this case is not what is going on in the court room or the jury.

      It is what is going on with voters. That has always been the goal of the left.

      That is where this campaign has been from the start.

      Initially we were told that indicting Trump would cost him the election – enough voters would leave him that he could not win.
      No candidate for president was ever indicted before (actually false – Debbs ran for president from prison).

      Trump was indicted – 91 times – and his polls went up.

      He lost the E. Jean Carroll Case and his polls went up.

      He Lost the EnMoron case and his polls went up.

      The election is 6 months out and Trump leads in national polls by almost 3%, he leads in all swing states, and more than enough outside the margin of error to lock up the electoral college.
      Bidens approval is down to 35% and dropping. No president has ever won re-election with poll numbers less than 10pts HIGHER

      This trial may be Biden’s last shot.

      What matters is not the judge, the jury, the prosecutors.
      What matters is the voters.

      it is entirely possible that the left is correct and a conviction will cost Trump the election.
      But Trump’s poll numbers have climbed as this trial proceeded.

      My guess but only a guess is that this Trial – regardless of outcome will prove to be a fizzle.
      That if anything it will leave voters more sure about Trump not less.

      But that is a guess. Regardless, it is not the jury that counts, it is the voters.

      And most everyone understands who the real jury is.

  18. The jury has 2 lawyers on it. I think the chances of returning a felony verdict are very low. What we’ll likely see is a misdemeanor verdict, or a hung jury. Bragg’s case hinges on getting 12 Americans to agree that candidates for office who draw a wall protecting private conduct have to disclose such activities in FEC reporting — which effectively means giving up their privacy. Who is going to run for office under those terms?

    Americans know that extramarital affairs are not illegal, and so covering-up to protect one’s image is also not illegal.

    1. You really don’t understand what’s happening here. I fail to see why you keep talking about “Americans”. Bragg doesn’t have to get a jury of 12 Americans to agree on anything. He has to get a jury of 12 NYers to agree, and that is an extremely low bar. Both of Trumps NY trials are over before they begin. They’ll both be reversed on appeal, but he’s getting convicted and being a NYer, he knows it.

    2. You might get that in Maryland where uniquely the jurors in a criminal case are the judges of not only the facts but what the law is. I would guess that this corrupt judge will tell the jurors that if the shoe fits they must convict and in his view the shoe fits.

    3. Under normal circumstances I would agree with you.
      This case is going horribly for Bragg, it started as a nothing, and has gone downhill.

      But I suspect the jury will convict. The Carroll Juries did – despite the absence of any case at all.

      I think this jury understands this case will eventually be tossed, and that their verdict is about the election not Trump.
      I think they will convict.

      At the same time the polls are indicating people don’t care about this trial.
      They have already made up their minds and no jury will change that.

      I would note – we see the same in posters here.

  19. Even a broken clock tells the correct time twice a day. It will be up to the evidence to determine the truth of any testimony.

    1. In this trial the evidence is the testimony.

      This trial is ONLY narrative.

      The only narrative so far. ALL provided by witnesses called by the Prosecution, has rebutted the charges.

      1. In this trial the evidence is meaningless. This is taking place in NYC, not Iowa. The odds of anyone on that jury being to the right of Fidel Castro are extremely low. The decision will be reversed on appeal at some point, when it finally gets to a rational appeals court, but Trump is getting convicted. That’s a foregone conclusion.

        1. I understand your pessimism, but -hey!- I live in NYC and I’m no leftie! And I know others who see through this kangaroo court prosecution!

          1. Living in NYC (I’m just north), you understand the situation. Unless the jury is full of Staten Islanders, and it’s not, you know how this is going to come out. Obviously, there are others like you in the city, but far too few to make the odds of one of you getting on the jury anywhere close to feasible.

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