Below is my column in the New York Post on the first day of the examination of Michael Cohen. He is expected to start his cross examination today. How bad will it be? After lying to Congress, courts, banks, and most everyone else, it will be bad. Years ago, Cohen threatened a journalist and told him “what I’m going to do to you is going to be f—ing disgusting.” Well, that bad. On cross examination, Cohen faces a reckoning of biblical proportions.
Michael Cohen apparently wants a reality show but, if his testimony Monday is any indication, reality is about to sink in for not just Cohen but the prosecutors and the court.
In stoking interest in his own appearance, the former Trump counsel promised the public that they should be “prepared to be surprised.”
Thus far, however, Cohen has offered nothing new and, more importantly, nothing to make the case for Manhattan District Attorney Alvin Bragg.
Just before he took the stand, the New York Post revealed that Cohen has been peddling a reality show called “The Fixer,” including working with Colin Whelan, who helped create “Joe Exotic: Tigers, Lies and Cover-Up.” Whelan appears interested to stay within that genre.
The Cohen pitch came with a cheesy promo video where he promised viewers, “I am your fixer.”
His first post-Trump client, Bragg, may have to disagree.
Cohen had only one advantage for Bragg: His notoriously flexible morals and ethics, which allows him to say most anything to support his sponsors.
With the prosecution’s case almost over, Bragg needed Cohen to clearly state that Trump intentionally committed fraud to conceal some still poorly defined crime.
The problem is that Cohen only confirmed that Trump knew he was going to pay for the nondisclosure agreement and that it would be buried before the election. None of that is unlawful.
On his reality show promo, Cohen tells viewers that he is now there to fix their problems because “the little guy doesn’t usually have access to people with my particular set of skills.”
Those skills seem to have escaped all of the witnesses who were compelled to work with him.
Witnesses detailed how Cohen was ridiculed as someone “prone to exaggeration” and unprofessional.
Former Trump associate Hope Hicks said that Cohen was constantly trying to insinuate himself into the campaign and that he “used to like to call himself Mister Fix It, but it was only because he first broke it.”
Cohen only succeeded in confirming that he put together this payment and advised Trump to go forward with it.
He assured him that it would effectively kill the story before the election.
None of that is illegal. The “Fix it man” assured Trump that he fixed it and now wants Trump to go to jail for following that advice.
In the course of that representation, Cohen also admitted to taping his client without his knowledge, a breathtaking breach of trust and confidentiality.
This is the man who, according to Stormy Daniels’ attorney, Keith Davidson, expected to be Trump’s Attorney General.
Davidson said that Cohen was “depressed and despondent” and “I thought he was going to kill himself” when he realized that he would not be made a cabinet member.
Cohen contradicted Davidson and insisted that he only wanted to be Trump’s personal lawyer.
He also admitted that he was unaware that the publisher of National Enquirer, David Pecker, had long killed negative stories about Trump and other celebrities for decades.
Cohen has yet to fix the problem for Bragg.
More importantly, he has added to the problem for Judge Juan Merchan. Many of us have ridiculed this case as devoid of any criminal act.
Indeed, Merchan has allowed the prosecutors to proceed without clearly stating what crime was being concealed.
It is not even clear why paying one’s lawyer a lump sum for his services and costs (including the NDA payment) was not a “legal expense” or how it was supposed to be entered on a business ledger.
Absent a sudden epiphany in his final testimony on Tuesday, Merchan should rule in favor of a directed verdict — that is, throwing the case out before it goes to a jury. If he instead sends this farcical case to the jury, it is Merchan, not Cohen, who may have a better claim to a reality show as the ultimate “Fixer.”
Jonathan Turley is an attorney and professor at George Washington University Law School.
Am old enough to remember when it was
‘innocent until proven guilty’
not ‘he has 91 accusations so shouldn’t be president’
If Trump had dropped a deuce, clogged the toilet and subsequently caused water damage that needed repairs; a story about that could be embarrassing to a campaign. If Trump’s bookkeeper records those expenses as “Repairs and Maintenance” and not a campaign expenditure, Bragg would want to charge that as well.
Makes one wonder why Trump had him as his fixer for 10 years. Oh that’s right. Birds of a feather and all.
@Jeff
No, it makes on wonder how much Jeff is paid to show up here out of nowhere with a fake name and stock photo.
Speaking of biblical proportions…..
Florida State Representative (Brevard County) Randy Fine, a Jew, has requested from the Florida Board of Dentistry, the suspension of the dental license of a dentist in North Miami, Dr. Fadi Kablawi, who is also a practicing Muslim Imam and leads a mosque. It seems the Imam is calling for the death of Jews, Christians, that the United States belongs to Muslims vis a vis Allah, and so forth.
Rep. Randy Fine
@VoteRandyFine
BREAKING: Rep. Randy Fine calls on Florida Board of Dentistry to Suspend Dental License of Muslim Imam Dentist openly advocating for violence against his Jewish patients
https://twitter.com/VoteRandyFine/status/1790062049801777392
The original video and text of the Imam’s words can be found at the website for Middle East Media Research Institute (MEMRI.org).
Florida Imam Dr. Fadi Kablawi In North Miami Friday Sermon Accuses Israel Of Organ Theft, Trafficking, Prays: Oh Allah, Annihilate The Tyrannical Jews, The Brothers Of Apes And Pigs
“Oh Allah, support our oppressed brothers in Palestine. Oh Allah, annihilate the tyrannical Jews. Oh Allah, annihilate them, for they are no match for You. Oh Allah, annihilate the brothers of apes and pigs. Oh Allah, demonstrate upon them the wonders of Your might. Oh Allah, cut off their seed. Oh Allah, break up their fellowship. Oh Allah, disperse them and rend them asunder.
==
Maybe Pope Francis can call for another Catholic Crusade. I’ve always wondered what it would take to restore former Constantinople’s Hagia Sophia to its original Orthodox Catholic identity. It was desecrated by the Muslims when they committed genocide against Christians in Constantinople (modern day Istanbul) and surrounding regions for over 700 years.
Wait, are we allowed to talk about world history?
/s
Isn’t that sedition at the least and a coordination of efforts to commit a terrorist uprising and treason? Where’s Alvin Bragg when you need him?
The Feds are too busy investigating parents who express concern public schools teachers grooming their children, infiltrating conservative circles to organize uprisings and funding Hamas Nazi encampments at universities
No, it isn’t. It’s protected speech, courtesy of the first amendment, and it would be difficult even to use it as the basis for cancelling his dental license.
How about staying on topic
and not clogging up the
comments section?
Because you can’t remark about one area of this prog/left cesspool without reference to the entire cabal of those destroying this nation – it’s all one big labyrinth of malevolence towards this nation leading to a group directing all of these various events, all moving towards a singular goal.
Estovir said: “It seems the Imam is calling for the death of Jews, Christians, that the United States belongs to Muslims vis a vis Allah, and so forth.”
According to what I read of the text on the page you cited. he made some reprehensible statements. However, from what I read, he asked “Allah” to take actions against Jews. Unless there was more (I don’t intend to watch the stupid video) in that speech where he exhorted his followers to personally attack Jews, or where he threatened to do that himself, how are those statements not within his First Amendment rights? How does that differ from some Christian cleric calling for his God to smite the infidels?
How does that differ from some Christian cleric calling for his God to smite the infidels?
I will agree that Joseph Biden, who claims to be a Catholic, wished death on Donald Trump vis a vis injecting bleach into his veins but Cardinal Wilton Gregory from Washington DC did label Biden a cafeteria Catholic
It is indeed protected speech. Rep. Fine seems to be arguing that the fact that he has these views makes it inherently dangerous to allow him to practice dentistry, where he might harm his Jewish patients. It’s a difficult argument to make, but it is arguable. I don’t think there’s a court decision directly on point.
“Trump entered the transactions into his General Ledger as monthly payments in accordance with a retainer agreement.
No, his accountant entered them in the ledger as “legal expenses”, which they were. No mention of a retainer or anything.
Even if it had said retainer, if that’s what Cohen put on his invoice you would not expect Trump or his accountant to question it.
However, the invoices specifically state that the charges were for legal services PURSUANT TO A RETAINER AGREEMENT
The invoices are Cohen’s problem, not Trump’s. Cohen wrote the invoices, Trump is not responsible for what he wrote on them.
Trump entered the payments into the General Ledger as payment for legal services pursuant to a retainer agreement.
No, he didn’t. His accountant entered them as “legal services”, which is exactly what they were. No mention of retainers.
Nor was the accountant expected to know whether there was a retainer agreement, so even if he had put that down, relying on what was on the invoice, it would still not be falsified.
Something weird seems to be happening to the replies. This is meant to be a reply to the comment by Anonymous at May 14, 2024 at 9:43 PM. Let’s see what it shows up under.
Jonathan: I don’t know what reporting you relied upon for your column—probably Fox. That’s why you predict Cohen “faces a reckoning of Biblical proportions on cross examination”. Such overstated hype that’s not found anywhere in the Bible and trying to over sell it to your readers is a real disservice. My advice is to wait until the end of Cohen’s testimony, cross and possible re-direct, before we try to make any educated assessments.
That said what do we really know about Cohen’s testimony on direct? He appeared to be cool and calm on the stand yesterday. But you have already concluded “Cohen has offered nothing new…”. Technically that’s true. Everything Cohen brought to the table was CORROBORATION of docs and witness testimony that had already been placed in evidence for the jury. Cohen talked about how he made the payments to Stormy Daniels, how DJT was involved every step of the way and how the payments were disguised as “legal expenses”. More importantly, Cohen described how he and DJT were primarily concerned that if Stormy Daniel’s story got out it could adversely affect the 2016 election. That’s the key part of Cohen’s testimony that turns “business fraud” into a felony. Cohen is the guy that wraps up the entire case with a big bow!
Did you notice that DJT had some moral support at the trial yesterday–something that has been missing so far. GOP Senators Tommy Tuberville and JD Vance were in attendance during the morning session. DJT had complained to advisors that Melania was not at the trial. The optics were terrible. So DJT’s advisors rounded up the two Senators.
After the morning session Tuberville came out and declared that DJT “is going through mental anguish in the courtroom that’s very depressing…”. The Alabama Senator was upset that DJT was continually referred to only as “Mr. Trump, Mr. Trump. He is ‘former President Trump’…Give him some respect!”. Not being a lawyer Tommy doesn’t understand that in a criminal trial the defendant is only referred to by his last name. Previous political status is irrelevant.
Of course, Tuberville and Vance were there for a more important reason. Vance was there to attack Justice Merchan claiming the Justice’s daughter “is making millions of dollars running against Donald Trump, raising money for Donald Trump’s political opponents”. That’s something DJT cannot say himself without risking some jail time. Vance was there to attack Merchan because DJT’s allies in Congress are not subject to the gag order.
After the morning session Tuberville and Vance left–never to be seen the rest of the day. Not one other GOP Senator or Congress person has shown up for the trial. No wonder DJT is in such “mental anguish”! Where is Mitch McConnell or Ted Cruz–or even Tom Cotton?
Pre-Draco
Those who respect the rule of law keep pointing out that the alleged crimes of “election interference” (state or federal) and “conspiracy” are not written (let alone explained) *in the indictment*. An indictment is the government’s responsibility to provide a *written* record of *clearly defined* crimes.
The Left’s view, though, is that criminal charges do *not* “have to be totally specific.”
A written record, clearly defined, available to the defendant and to the public — that has been essential to Western jurisprudence ever since Draco (7th century BC in Athens). The focus here in on Draco’s achievement of “when the first code of laws was drawn up.” (Aristotle) The focus is not on the *content* of his laws, which were harsh. Written law, clearly defined, standardizes crimes and their punishments. Unwritten law makes crimes and punishments deuces wild.
The Left wishes to return us to a barbaric time — a time pre-Draco, a time of oral law and blood feuds.
In its maniacal desire to “get Trump,” the Left is destroying America’s system of justice. This reversion to oral law is merely one example of that destruction.
Anybody that brings up ancient Greece or Rome gets a like from me!
Sam and hullbobby: My brother and I and a neighbor used good sheets from the linen closet for togas (which we proceeded to muddy up), and little green just-developing peaches to make olive branches and head crowns. The tender young peach branches kept breaking or the little green peaches would fall off. So we’d rip off more branches.
Boy, did we get in trouble; it wasn’t that often that BOTH parents were ready to “send us on a one-way boat to China.”
Why am I still feeling, deep in my gut, that the entire Trump, MAGA, rising red tide is just going to repeat 2022. I do not trust polls, media or extremely large crowds at rallies to belie the fact that the prog/left and all its nefarious forces have already put in the fix. We all know that all trials and hearings since 2020 have been coalescing around another biden win as that is what is necessary to finalize that “fundamental transformation” which is essential for a new world order. Call me a conspiracy monger but I cannot shake this dark shadow over America.
Fundamental question that still hasn’t been answered is how can the articles be classified as “business records” of “an enterprise” as per NY PL 175.05. Prosecution has shown that these were checks written out of personal account and signed by Trump himself and made to Michael Cohen. They have also shown that general ledger was separately maintained under DJT initials and was not mixed with business records of Trump Organization. Hence, there is no “enterprise” involved in any of the transactions.
@NewTothis,
Checks are business records. They are a record of a transaction which are then recorded on a ledger. They are business documents.
But are they records of “an enterprise” or of personal transactions? NY PL 175.05/10 only apply to enterprise records.
https://www.nysenate.gov/legislation/laws/PEN/175.05
The transactions were entered into the General Ledger, which by definition are the business records of the Trump Organization. That is Trump’s mistake and the cause of this problem.
The checks were written on his personal account.
If he had simply written the checks and left it at that, then no crime was committed. The problem he has is that he took that extra step and falsified his business records.
Aren’t we still waiting for these crimes to be enumerated?
@NewToThis,
The checks came from Trump’s organization. Which is classified as an enterprise aka a business.
Light has shined on New George. Without knowing what he said or its meaning, he said something true.
“Checks are business records. They are a record of a transaction which are then recorded on a ledger. They are business documents.”
The acceptable practice is to take legal expenditures and document them in the ledger as legal expenditures.
You are correct.
***The acceptable practice is to take legal expenditures and document them in the ledger as legal expenditures.***
But if the records are FALSE, you have committed a crime.
Trump entered the transactions into his General Ledger as monthly payments in accordance with a retainer agreement.
There is no evidence of a retainer agreement. All Trump has to do is produce a retainer agreement signed by Cohen and himself and then there is no problem. All this goes away.
Case law has held that a retainer agreement can be verbal. Fine. There are 2 parties to any retainer agreement. Cohen has testified that there was no agreement, and that the payments were reimbursements, another thing entirely. The other party to the alleged retainer agreement, Trump, can dispute Cohen’s assertion and claim that Cohen is lying and that there was in fact a verbal agreement. The only way that Trump can establish this is by taking the stand and testifying. Nobody else can testify to this, and his lawyers cannot simply assert it.
Until Trump produces a written retainer agreement, or takes the stand to testify that there was a verbal agreement, then there is prima facie evidence of falsification of business records. End of story.
What do you think the chances are that Trump will take the stand?????
@anonymous,
“Trump entered the transactions into his General Ledger as monthly payments in accordance with a retainer agreement.
There is no evidence of a retainer agreement. All Trump has to do is produce a retainer agreement signed by Cohen and himself and then there is no problem. All this goes away.”
That’’s a fantastic simple way to explain the whole thing. Kudos to you sir.
With all this legal wrangling, I’m waiting for the same due diligence to be applied to hillary and biden crime family. When that is done, then “I will take this kangaroo court seriously
New George, it sounds like you will fall for anything.
All BS. Sounds like ATS wants to play his typical game. In this case, a retainer agreement is and was not necessary to be within the law. You talk but produce no facts. That is typical. What law says Trump must have a retainer agreement, in particular, in this case, where an entry of legal expenditures was placed in the ledger as legal expenditures?
You are correct. There is no law requiring a retainer agreement.
However, the invoices specifically state that the charges were for legal services PURSUANT TO A RETAINER AGREEMENT, and therein lies the problem. That was a false statement. Cohen testified that there was no agreement. He further testified that the payments were reimbursements, an entirely different thing. Trump entered the payments into the General Ledger as payment for legal services pursuant to a retainer agreement. That is the crime of falsification of business records.
Trump could have absolved himself in this matter by producing a written retainer agreement. In that case he would be completely off the hook. He has not produced a written agreement. In the alternative, he could claim there was a verbal agreement, which case law has held to be equally effective and binding. Cohen has said there was no agreement. Trump could respond by saying that Cohen is lying and that they had a verbal agreement. In that case he has to take the stand and testify to that effect, that Cohen is lying, and let the jury decide who is telling the truth.
But he will not take the stand. In the absence of a retainer agreement this is a prima facie case of falsification of business records.
“You are correct. There is no law requiring a retainer agreement.”
ATS, true to your nature and recognizing I am entirely correct, you will continue to play your games, obfuscating the truth even though what you say is meaningless and foolish.
“However, the invoices specifically state that the charges were for legal services PURSUANT TO A RETAINER AGREEMENT, and therein lies the problem.”
Tell us the law broke. The retainer agreement could have been an oral understanding since they had done business before. The only legal problems that could arise are if Trump and Cohen later disagreed on their understanding. All of this is rhetoric you write is foolishness and a waste of time.
” Cohen testified that there was no agreement.”
This is ridiculous. Cohen is a serial perjurer, and you pin your argument on his statement even though what he says is meaningless.
If ATS owned a business and covered these ridiculous questions involving legal and accounting expenses, he would go bankrupt buying a five-dollar package of stamps. He is ridiculous. The expenditure was marked as legal expenses, which were paid to Cohen. Nothing out of the ordinary was done. Nothing further is needed.
If this analysis is correct, then why didn’t Trump’s lawyers vigorously argue this point when the evidence was introduced.
There is a simple answer: YOU ARE WRONG
(OT) Biden to Israel: Pound Sand. Meanwhile . . .
“On his fourth trip to Kyiv since Russia invaded Ukraine in February 2022, Blinken will reaffirm the Biden administration’s commitment to Ukraine’s defense and long-term security . . .” (AP)
Apparently, there is not a large bloc of Russian voters in any of the swing states.
@Sam,
“Apparently, there is not a large bloc of Russian voters in any of the swing states.”
No, the problem is much more nuanced. The Biden administration is struggling with finding particularly large racial, ethnic, sexual orientation or religious groups to polarize and subsequently divide over the Ukraine issue.
Sam,
Biden’s attempt to get us into another forever war.
Hey! All you pro-war trolls, if Biden succeeds, your six year old grandchild just might get the opportunity to get drafted into Biden’s forever war! Start training them now!
UpstateFramer, that’s if someone like Kamala
doesn’t push the button
and just put an end to Everything (to ‘WIN’!)
spot on.
Blinken is a self-hating Jew who is bending over backwards to be critical (hateful actually) to Israel in their moment of need in order to appease the non-Jews he has been trying to appeal to his whole life.
Hey Blinken, grab your stupid guitar, play a few James Taylor songs, imagine you have a pony-tail, smoke a joint and leave foreign policy to adults who aren’t the nerds that got mocked in Animal House.
There is a reason that even John McCain, a Republican idolized by the left in this country, fought tooth and nail to keep Blinken out of our State Dept. Blinken is another of Biden’s great appointments. I read just yesterday that two of the big wigs calling the shots in the foreign policy and security realm in the WH are two guys that were actually LEADERS in the Palestinians for Justice while they were in college. So think about the little radicals leading protests today and then think about the fact that this is who Biden’s puppet masters are putting in charge of the levers of power.
Lookin good, Alvin!
Can we expect you and any other of the Harvard chipmunks to be making guest appearances on “The Fixer”? Just imagine it:
-‘make it up artist’: Alvin Bragg
-‘stories of self interest’: Michael ‘the Narcissistic Fixer’ Cohen
-Constitutional do-over and costumes: Laurence Tribe
Theory of the “Crime” Du Jour:
Trump is being charged with conspiring “to promote election to public office . . .”
So today, two different dead misdemeanors (business records and NY state elections) somehow revive each other — and magically turn each other into felonies.
Further, that election charge is not in the indictment. The prosecution has not presented a case for it during the trial.
Conspiracy is not in the indictment. The prosecution has not presented a case for conspiracy during the trial.
So we have two different charges that do not exist — that are figments of the imagination. In other words: Ghost charges.
Everyone knows it’s a put up job. Even CNN is now allowing some regular commenters like Zakaria to say publicly that case is such a farce the DA would never have brought it against anyone not named Donald Trump. They also had a retired judge on who blasted Stormy’s testimony as have no probative value to the charges in the indictment and was allowed solely to prejudice the jury.
It’s perfectly clear the DA and the judge know the case is unjust. But they are hoping the jury in a Democrat friendly jurisdiction will convict Trump regardless of the facts or the law. The idea seems to be that they want Biden’s campaign; the Democrat Super PACs; and especially the MSM to use the phrase “convicted felon” every time Trump’s name is mentioned – believing that will give Biden an edge. The DA and judge surely KNOW that if they do succeed is seating a biased jury willing to convict regardless of the facts and the law, that the case is so riddled with reversible error that it will NEVER stand up on appeal. By then the election will be over.
They’ve chosen to destroy our faith in the judicial system to try to win an election. Worse, the man they’ve chosen to try to throw the election to by destroying our faith in the judicial system is so mentally impaired he frequently gives the impression he does not know what planet he’s living on.
If Democrats are not evil, then what word better describes them?
My response would be; Why aren’t the entire biden crime family and hillary already convicted felons?
Because they haven’t committed any crimes. Its that simple.
Do they pay you to be so publicly stupid?
“Thus far, however, Cohen has offered nothing new ”
Turley’s desperation to charecterize Cohen’s testimony is evident. It was new that Trump was in the room with Cohen and Weisselberg, dictating how to handle the payment and removing doubt it was mostly about the campaigh and that after the election he didn’t care. Of course there were two people in the room besides Cohen that could step up and deny the account. One won’t speak up to preserve his $700,000 separation fee contingent upon his remaining quiet and is currently in Rikers. The other could never survive cross examination without multiple perjury counts. Let’s see how the defense counters the testimony without witnesses that were present. Yes, Cohen has told lots of lies in the past, most for the benefit of and at the direction of Donald J. Trump.
enigma
Cohen needs corroboration. He has zero. Cohen is a convicted Perjurer. He needs multiple credible people to corroborate.
NDA’s are still 100% legal. 100% a legal expense
Half of the trial has been about corroboration. Exhibit 35 (IIRC) is Cohen’s bank statement with handwritten notes from Cohen and Alan Weisselberg. Weisselberg’s writing was confirmed by a man who has been reading his notes for 35 years and by Cohen who watched him write them. The multiple people who could deny it are Alan Weisselberg and Donald Trump. Weisselberg is a convicted perjurer and Trump has been proven to have lied in depositions and financial statements on hundreds of ocassions. NDA’a are generally legal, falsifying business records is not. 90% of what Cohen has testified to has already been coroborated. Who is going to stand up in court and deny the other 10%? Certainly not the other people in the room.
Weisselberg’s writing was confirmed by a man who has been reading his notes for 35 years and by Cohen who watched him write them.
Weisselberg is availble to testify, Proxies are not needed
falsifying business records is not
The checks are written on peronal accounts. This is not a business record.
There is a reason Cy Vance and Bragg refused to prosecute these set of facts
@Iowan2,
A check IS a business record. It’s a record of a business transaction. Even S. Meyer agrees with me.
So you actually believe that the checks I write out of my personal account for a gift to my child is a business transaction simply because i keep my checking account recorder in the same computer and software package i keep my business accounting in.
You sir are not intellectually honest.
A check is a legal financial document often used for the purpose of conducting business. It’s a record of a transaction.
Weisselberg is available, but not willing to forego a $2 million severance package that stipulates he never say anything negative about the Trump Organization or Donald Trump. Weisselberg has committed perjury and chose jail over testifying against Trump. The question you might ask is why the defense doesn’t call Weisselberg to say Trump wasn’t in the room?
Some of the checks were from the Donald J Trump Revocable Trust which is where he placed his businesses while he was allegedly not involved. Some of the checks came from the Trust which was not a business account. Cohen filed invoices for payments to the Trump Org,. all of which were entered into the record and among the false records alleged.
There is a reason Cy Vance didn’t prosecute Trump. That reason is Bill Barr.
“”I was asked by the U.S. attorney’s office in the Southern District to stand down on our investigation,” Vance told Chuck Todd on NBC’s Meet the Press, “and as someone who respects that office a great deal and believing that they might perhaps have the best laws to investigate, I did so,”
https://theweek.com/donald-trump/1022331/former-manhattan-da-says-federal-prosecutors-asked-him-to-stand-down-on-trump
As is evident by the ongoing trial, Bragg ultimately did decide to prosecute.
Cohen testified that Trump told him he wanted the story suppressed because it could severely damage his campaign, especially with women. Cohen also said Trump was not thinking about Melania; it was all about the campaign.
This was new, so far as I am aware. Leave aside Cohen’s credibility. If Trump had been motivated by campaign considerations to suppress the story, how would that affect the case?
Bragg must prove the following:
1. “Legal expenses” was a false or misleading label;
2. Trump intended to label the payments that way, knowing it was false or misleading;
3. He did so to commit a fraud;
4. The fraud was also intended by Trump to cover up another crime, which Bragg has identified as NYL 17-152, an election interference law;
5. But that law appears to apply only to state and local elections, so Bragg must persuade the judge that it applies here;
6. If it applies, Bragg must prove that Trump used “unlawful means” to effect the interference;
7. Suppressing information by paying for an NDA is not unlawful, so Bragg must find something else, which so far remains unspecified;
8. He may say that the payments were unlawful campaign contributions under federal campaign finance law, even though enforcement of this resides exclusively with the FEC and DOJ;
9. If this is what he argues, Cohen’s testimony may be relevant, to the extent that the motive for obtaining an NDA matters; but
10. Bradley Smith, former chairman of the FEC, has argued that NDA payments by their nature cannot be considered campaign expenditures, regardless of motive. This is because they are a type of payment that is not specific to a campaign, like payments for campaign advertising, venues, events, staff, etc. The FEC would consider it unlawful to use campaign funds to make NDA payments of the kind at issue here.
So, even if Cohen is right and Trump’s motive was to safeguard the campaign, that still would not convert the payments into campaign expenditures, let alone unlawful ones.
Of course Cohen also testified that Trump wanted the story suppressed when it threatened to emerge in 2011. Trump was angry that Cohen had failed to resolve it then. That was years before any campaign. This suggests that other motives may have also played a role in 2016.
And finally, there is the issue of whether anything Cohen says can be believed.
Daniel,
Thank you for your analysis.
Always defeats the trolls trolling.
The trolls of to rough start.
Ignoring the indictment and getting the controlling law wrong.
But their standard, employing the logical fallacy of ad hominem attack, will again be the vehicle used to disrupt this space.
Iowan2,
It is all they have.
Things like facts, the truth, are an anathema to them.
Reality doesn’t matter. Fact doesn’t matter. Only agenda matters. The Law is now a construct, twisted and manipulated so as to be used as a tool by those who need a particular narrative or outcome. Justice? Give me a break! Justice is out of town!
Seems like Michael Cohen as an Attorney General would fit right in with the Biden administration. We don’t have anyone now who is a real attorney general. What we have now is a onetime Supreme Court Justice wannabe who is a shill for the Biden administration.
Funny that democrats keep saying Trump is a threat to democracy yet it is the Biden Administration which floats that law on immigration and allows an invasion. Flouts the Supreme Court by ignoring their striking down of his loans forgiveness for students, and has had the EPA try to reinstitute a rule that basically shuts down coal burning power plants when there is already a Supreme Court decision case from 2022 that basically states that the EPA does not have that power.
Now who flouts the law and the courts.At least when Trump was president, if the Supreme Court ruled against him, he stopped the program.
I have never seen an administration like Biden’s that so ignores the spirit and intent of the law and the courts.
Professor Turley is indeed spending an inordinate amount of time undermining Cohen and making predictions instead of actual analysis. Stormy Daniels made the defense counsel Susan Necheles look bad when she handled her questioning better than expected.
Cohen is also a lawyer and he is well aware of what may come his way on cross examination. Trump hired him for a reason and now he’s going to be using the same skill set. We won’t know how the cross examination will play out, but the professor seems to be playing the prediction game early and with fervor to undermine any defense that Cohen may use. Cohen may not be ‘the’ key witness that does him in. There is already enough evidence to show Trump did intend to falsify business records to hide a the affair. It’s the falsification of business records that is the crime. Not the payments, where they came from or the NDA. Cohen already implicated Trump about his direct knowledge and involvement to conspire to falsify business documents.
The cross examination was always going to be the most sensational part of the trial. Trump keeps falling asleep. The majority of the trial is boring and tedious due to the nature of the evidence. But Daniels and Cohen are the highlights.
Turley spends way too much time focusing on Cohen’s flaws and past behavior. It’s not going to be as relevant as he thinks. The defense can also go way overboard trying to paint Cohen as an unreliable witness and the jury may gain some sympathy for Cohen. Susan Necheles may come off too aggressive trying to impress Trump. Just like Alina Habba.
There is already enough evidence to show Trump did intend to falsify business records to hide a the affair.
Booking the payment of a lawyers invoice as a legal expense is not Fraud. IF it were, the CPA would have lost his license. If you have a different opinion, back it up using GAAP
@Iowan2,
We are not talking about fraud. Payments are not the issue either. It’s the intentional mislabeling of the purpose of the payments. Falsifying documents to hide the intent behind the payments. THAT is the crime. In NY it’s a crime to falsify business records. The payments were to Daniels were categorized as legal expenses to Cohen. They were described as retainer fees when in fact they were not. Cohen created a shell company and in order to do that he provided false information in bank documents to set up the shell company to pay Daniels.
Calling it a legal expense when it was not is falsifying a document under NY law. The indictment spells out exactly what the crime/s are.
[intentional mislabeling of the purpose of the payments]
[Falsifying documents to hide the intent behind the payments]
[is falsifying a document under NY law.]
Great, you consulted a thesaurus to avoid the word fraud.
Again, a licensed CPA made the decision, not DJT, that paying an Attorneys invoice, was a legal expense. No evidence has been presented to challenge the Professionals decision.
You refuse to offer the proper label, citing GAAP for this expenditure.
Even that is meaningless because the Statute of Limitations has tolled
(BTW no other felony is named in the indictment.)
Iowan2,
Well said.
To George: logic, reason, facts, evidence and law cannot penetrate the brains of Trump disciples. They have spent hours absorbing MAGA media lies and propaganda, a substantial portion of which consists of attacks against mainstream media. Instead of being capable of coming up with some cogent reasoning, they will argue the same drivel they heard last night for hours or attack your integrity, imitating the example they see on MAGA media.
That’s the real story for future social scientists—how Don the Con and his media minions got so many people to believe lies and disinformation, how they have gotten so many people to believe that traditional media are the liars instead of them and to ignore reality—like the obvious unfitness of Trump as a family man, role model and person, his failures of leadership and all the crimes he has committed to get and keep power that his fragile ego requires. Just look at how he throws people under the bus when they no longer serve any purpose. Rick Wilson is right—everyone Trump touches dies. He destroyed our economy the first time around and will do so again if he gets the chance. I just saw a Biden attack ad—they’re blaming inflation on Biden and trying to take credit for the economy created by Obama that Trump destroyed. People forget about the mess Trump left for Biden to fix. The problem is that there are so many people who fall for Trump lies echoed by MAGA media—proof of which you see every day on this blog.
Natasha and her MSNBC, Rachel Maddow lies.
The Obama economy was anemic at best. During the second Obama admin, the median income for Americans went DOWN. It was such a big story, even NPR had to cover it.
Trump entered and sent the economy booming . . . until the COVID lockdowns. That is what happens when an economy is shut down.
Then the economy recovered with Red states leading as Blue states like CA and NY economies were dead last.
Biden did not create any jobs. All those jobs were there, but shut down due to COVID lockdowns.
Biden’s American Recovery Act gave us the inflation, Bidenflation, we are seeing today. Even former economic advisor under Bill Clinton Larry Summers said it would. And he was right.
Under all the previous WH admins, the Southern border was reasonably secure. Yet the Biden admin flung it wide open. Laken Riley was murdered by an Biden illegal alien.
Sensing a weak president, our enemies like Russia, China, Iran, Hamas, the Hothis, drug cartels are all taking advantage of the situation. And will continue to do so as long as Biden is president.
Unfortunately for us, Biden has made so many mistakes and errors, many of which are so large they may not be fixable by anyone for years to come.
Upstate Farmer–yeah, we know that this litany of disinformation came straight from MAGA media. Karen S usually repeats it, but it’s still not true. The booming economy inherited from Obama went down under Trump–not up. COVID was way worse in the US than other developed countries because of the vacuum of leadership, the lies and downplaying of the seriousness–which is what someone who has no idea how to lead does–deflect and lie. Every day, the US set new records for deaths and infections, hospitals even had to get refrigerated trucks to hold corpses–that was the state of affairs Biden inherited, along with shortages of computer chips and consumer goods because Trump lacks a basic understanding of economics–tariffs increase the cost of goods to consumers because China just passes along the increased cost. Trump cannot even manage his own finances–6 bankruptcies, and I’d like someone, anyone, to explain to me why Trump has to constantly borrow money to keep his vanity projects–his golf clubs and hotels going. Do Bill Gates, Bloomberg, Elon Musk and other actually wealthy people have to borrow constantly to stay in business? Uh, no.
The only “weak president” was Trump–Russians and Chinese and others KNOW that if you pander to his massive ego, he’ll do whatever they want. Russia saw an opportunity to invade Ukraine because Trump had insulted and alienated our NATO and EU allies to the point that Putin thought the US couldn’t pull together a coordinated response. Do you really think that Russians and Chinese don’t see Trump for the arrogant pompadoured fop he really is–hanging out with porn actressess, paying them off, lying all of the time? Biden has done a marvelous job of coordinating relief for Ukraine and strenthening NATO. Now, Sweden and Finland want to join. Trump promises to pull the US out of NATO because he is beholden to Putin for helping him cheat in 2016. Trump is a disaster.
I dont read MAGA media.
I read independent media. Nothing MSM.
That is where I get my facts. I dont have them fed to me like to gobble down all the lies Rachel Maddow feeds you.
Everything I stated were facts.
@Gigi,
It seems to be that way. An entrenched mind is rarely going to be changed. All you can do is continue to speak the truth and persevere. Ultimately it’s the facts that lay it all out.
@iowan2,
This isn’t about fraud. It has nothing to do with fraud. This is about falsifying business records. They are not the same thing.
“ Again, a licensed CPA made the decision, not DJT, that paying an Attorneys invoice, was a legal expense. No evidence has been presented to challenge the Professionals decision.“
No, DJT directly made the decision. Cohen corroborated this at the trial and he’s doing again this morning. Everything is approved by Trump. His CPA’s even acknowledged that anything more than $10,000 is always approved by Trump personally.
The felony charge comes later when the evidence that the misdemeanors he’s charged with show they were used to hide another crime. Election interference, 17-152.
This trial is about providing the evidence of the intent and manner in which the documents he is charged with falsifying occurred. Cohen and Daniels have already corroborated the majority of the evidence the prosecution has presented.
Everything is approved by Trump. His CPA’s even acknowledged that anything more than $10,000 is always approved by Trump personally.
Signing off on payments is routine. Those signing off, are not the people making ledger entries.
I believe you told me the payments were legal. Booking lawyers invoices and legal expenses is decided by CPA’s or accountants.
On top of that no one has offered anything to reclassify them as.
It was not listed as a retainer, just as a legal expense; what the expense was for wasn’t specified. You still haven’t said how it was not one. It was on a lawyer’s invoice. That makes it a legal expense. End of case.
@millhouse,
It was indeed listed as a retainer. Cohen just confirmed it on the stand a few minutes ago. There’s even a posted PDF showing the document.
Bulldust. How could Cohen possibly know how Trump’s bookkeeper recorded the payments in the company’s internal system? How could he know what code was used? Or even that codes existed in the first place?
” It’s the falsification of business records that is the crime. “
New George, what is the falsification? Entering legal expenditures into the column legal expenditures? Trump has little to do with setting up the column’s titles. If I had to pay an NDA, that is the column that would be available to me if the check was to reimburse legal expenditures and the attorney. I didn’t set up my bookkeeping columns. My tax attorney and accountant do that type of work as they do for most corporations and individuals.
@S. Meyer,
The falsification was recording the payments as legal fees, or for retainer for Cohen, when in fact they were for Stormy Daniels. To falsify means altering information for the purpose of misleading. That is a crime in NY. It was not a legal expenditure. The ledger recorded the checks to Cohen as retainer fees. Trump does not have a retainer agreement with Cohen. Cohen already testified that he does indeed not have a retainer agreement with Trump. If Trump could produce the retainer agreement then the whole case could be dismissed. But it’s obvious by now that Trump has no such agreement. That’s why recording it as a “retainer fee” is false. The purpose of the payment was for something else. THAT is the crime.
“The falsification was recording the payments as legal fees, or for retainer for Cohen, when in fact they were for Stormy Daniels. “
New George, Stormy Daniels was a business expense of the attorney, Cohen. When a lawyer incurs costs outside his professional skills, they are generally billed to his client along with his fees. Frequently, there will be an added fee to pay for the lawyer’s time involving costs outside of fees. You know nothing about this subject, so why do you comment?
You are making things up based on what you think are logical steps to achieve your desired conclusion. The only thing you are demonstrating is ignorance.
@S. Meyer,
“Stormy Daniels was a business expense of the attorney, Cohen.”
No, it wasn’t. Cohen wasn’t representing Daniels as a client. It was not a business expense. Trump reimbursed Cohen and falsely claimed they were retainer fees. Trump doesn’t have a retainer agreement with Cohen. Calling it a retainer fee when it isn’t is falsifying. Thats the crime under NY law.
You’re the one showing ignorance. It’s obvious you don’t know the facts of the case.
“No, ithe wasn’t. Cohen wasn’t representing Daniels as a client.”
You are lost and need help. Cohen represented Trump and was paid his attorney fees and costs, which were entered into the legal expenditures column. Cohen reports to the IRS his fees and Stormy expenses. Stormy is required to declare the income from the NDA. Once Trump’s accountant files the 1099 for Cohen, he has complied.
New George, be careful of telling others they don’t know the facts of the case when you are ignorant of the law.
To falsify means altering information for the purpose of misleading. That is a crime in NY. It was not a legal expenditure,
funding an NDA is a legal expense
We are ALL waiting for the proper category.
How are payments under an NDA not legal expenses?
Is a ‘Directed Verdict’ now known as a ‘Judgement as a Matter of Law (JMOL)?’ Rule 50(a).
The judges daughter will never allow him to dismiss the case.
The daughter is not making any money off the case, so even if she could prevent him from dismissing it (which she can’t) she has no reason to.
Refreshing to read a critical legal analysis. It doesn’t exist on the DNC/Biden family’s complicit and cooperating media outlets like CNN and NBC.
The best question to ask: what is the crime?
The best question to ask: what is the crime?
True.
That question has been asked 100’s of times here. Then hilarity ensues, as the trolls feverishly work change the topic.
@iowan2,
The question has been answered just as much. The crime is falsifying business records. It’s a crime under NY law. A misdemeanor, but still a crime. What is constant is the willful denial when the facts are presented. Plus…there’s an indictment where you can read the charges and thus the crime/s. 34 to be exact.
George falsifying business records is a misdemeanor. That Statute of Limitation ran out long before the indictment.
So NO. past the SOL means, no longer a crime.
@Iowan2,
“George falsifying business records is a misdemeanor.”
Yes, and a misdemeanor is still a crime. As for the SOL, In New York, the clock can stop on the statute of limitations when a potential defendant is continuously outside the state. Trump visited New York rarely over the four years of his presidency and now lives mostly in Florida and New Jersey.
Trump was not in NY continuously. Remember he moved to Florida before the SOL expired. Every time he left NY the clock paused on the SOL. That’s why the SOL defense is not relevant. If Trump remained in NY all that time he would have been free and clear, but chose to move before the SOL.
“Remember he moved to Florida before the SOL expired.”
That is false.
To explain why *to you* is a fool’s errand.
Iowan2,
Those are facts the prefer to ignore or pretend do not exist.
As we all know, this is not about law and order. It is about “Get Trump!” by any means necessary.
And their desperation is showing as their attempts at lawfare are failing as we all saw with the “I see dead people” Stormy Daniels testimony and now Cohen’s.
Their narrative is also failing.
Biden’s polling is cratering among Hispanics and Blacks. Asians have left the Democrat party entirely. Jews are very much on the fence as they watch Biden court the pro-Hamas party while ignoring them.
That is why our leftist trolls seem ever so desperate as of late.
You are correct, the alleged crime is a misdemeanor, not a felony for which Trump is charged. That is the flaw in the state’s case. The question is, where records falsified? iowan2 is correct. Since the Statute of Limitations did expire, Trump could not be tried for the (misdemeanor) alleged crime.
Clayton Goldstein said: “what is the crime?”
The defendant is charged with being one Donald J. Trump, to which he must plead nolo contendre. All else pertaining to this trial is a diaphanous sham.
Perhaps even more important, if it is a crime, then why was Hillary Clinton not charged and prosecuted when she “mislabeled” her campaogn’s expenses / payments to Fusion GPS for the production of the Steele Dossier, fully intended and leaked solely for the purpose of influencing a presidential election?