Below is my column in the New York Post on the meltdown of Michael Cohen on the stand in the Manhattan trial of former President Donald Trump. In a trial careening out of control, Judge Juan Merchan seemed to be furiously working to just get the matter to the jury as fast as possible. Judge Merchan seems in open denial of the legal farce playing out in his courtroom. He is only the latest person pulled into the vortex of the swirling corruption around Michael Cohen.
Here is the column:
The completion of the testimony of Michael Cohen left the prosecution of Donald Trump, like its star witness, in tatters.
In the final day of cross-examination, Cohen admitted to committing larceny in stealing tens of thousands of dollars from his client.
Even more notably, he admitted to the larceny on the stand — after the statute of limitations had passed. There will be no dead felony zapped back into life against Cohen, as it was for Trump.
Cohen clearly has found a home for his unique skill as a convicted, disbarred serial perjurer.
It was not the first time that prosecutors looked the other way as Cohen admitted to major criminal conduct: In a prior hearing, Cohen admitted under oath that he lied in a previous case where he pleaded guilty to lying.
If that is a bit confusing, it was just another day in the life of Michael Cohen, who appears only willing to tell the truth if he has no other alternative.
The result is truly otherworldly. You have a disbarred lawyer not only casually discussing lies and uncharged crimes, but prosecutors who proceeded to get him to remind the jury that he is not facing any further criminal charges.
If any one of those jurors had stolen tens of thousands of dollars, they would be given a fast trip to the hoosegow.
Yet Cohen then matter-of-factly said he plans to run for Congress due to his “name recognition” — the ultimate proof that it does not matter whether you are famous or infamous, so long as they spell your name right.
As a legislator, Cohen would have the unique ability to say he will not be corrupted by Congress — because he came to Congress corrupted.
While most members wait to take office to commit felonies, Rep. Cohen would show up with a self-affirming criminal record.
He could then take one of the few oaths that he has not previously violated as the Honorable Rep. Michael Cohen.
At the end of the day, Cohen is the ultimate shining object for prosecutors to use as a distraction from the glaring omissions in their case.
Prior witnesses testified that Trump’s payments to Cohen were designated as “legal expenses” not by Trump but by his accounting staff.
Moreover, Cohen admitted that he worked for Trump for years in his murky capacity as a fixer. References to payments as a retainer were approved by Allen Weisselberg, a retired executive with the Trump Organization.
The “legal expense” label was a natural characterization for a lawyer who was paid monthly and was on-call as Trump’s personal counsel.
In any other district, this case would never have been allowed in trial. It certainly now should be facing a directed verdict by the court.
Indeed, with any other defendant, a New York jury would be giving a Bronx cheer in derision.
Even CNN hosts and experts have admitted that this case would never have been brought against another defendant or in another district.
That is what Manhattan District Attorney Alvin Bragg is counting on.
The biggest problem facing the defense is not the evidence, but the judge: Judge Juan Merchan seems to be channeling George Patton’s warning, “May God have mercy upon my enemies, because I won’t.”
Merchan has not given any indication that he is seriously considering a directed verdict, which he should clearly grant before this goes to the jury.
Merchan’s rulings have largely favored the prosecution, including some rulings that left some of us mystified.
Judge Merchan continues to allow the jury to hear references to campaign-finance violations that do not exist.
After gutting any use of a legal expert to testify on the absence of any such violations, the judge allowed the jury to hear Michael Cohen state that the payments to Stormy Daniels were clearly campaign violations.
All that Merchan would offer is a weak instruction telling jurors not to take such statements as proof of a violation.
The alleged campaign-finance violations allowed Cohen to try to implicate Trump. However, it is doubtful that Trump could have been convicted on such a charge in any other venue.
It is precisely what the Justice Department tried and failed to do with John Edwards, a Democratic candidate.
After that unmitigated failure, the Justice Department dropped this theory of hush money as a campaign contribution.
Indeed, after reviewing the Trump payments, not only did the Justice Department decline any charges but the Federal Election Commission did not even seek a civil fine.
On Monday, Judge Merchan’s orders became even more inexplicable when Cohen’s former attorney Robert Costello took the stand.
Merchan immediately started to sustain a flurry of prosecutors’ objections as Costello basically accused Cohen of multiple acts of perjury.
At one point, Costello — one of the most experienced lawyers in New York and a former prosecutor — exclaimed that one of the judge’s rulings was “ridiculous.”
The judge chastised Costello and even challenged him: “Are you staring me down?”
In fact, it was hard not to stare. What is happening in the courtroom of Judge Juan Merchan is anything but ordinary.
Jonathan Turley is an attorney and professor at George Washington University Law School.
If you need any more evidence that “Judge” Merchan is corrupt, here it is:
“The judge put the scope of the questions for Costello in a narrow path. He did not want a trial within a trial.”
That statement is true. Though it was more like a tightrope path — for Costello, a *defense* witness.
Compare that to the *prosecution* witnesses, Pecker, Daniels, Cohen — for whom Merchan created a boundless path, to meander into any irrelevancy, any salacious detail, any arbitrary claim.
A judge is supposed to sit at the bench. Not at the prosecution table.
A judge is also supposed to keep the proceedings from veering off topic and into an argumentative mess. Judges have full discretion on how questioning can proceed and agreed on by both parties. BOTH, the prosecution and the defense in a sidebar confab. AGREED to the narrow terms set by the judge. When Costello’s questioning began the witness and the defense reneged on the agreement set earlier which prompted the prosecution to object and the judge, correctly, to sustain. It was Costello’s disrespectful attitude and contemptuous behavior that led to the admonishment and ire of the judge because both the witness and the defense did not adhere to the agreement made during sidebar. THAT is why Judge Merchan was well within his authority to admonish the defense and witness.
Just like the nazi judge hitler had.
“Even more notably, he admitted to the larceny on the stand — after the statute of limitations had passed. ”
I’m guessing he didn’t pay fed or local taxes on it either…
He probably didn’t pay taxes.
I’ve also wondered if Wade paid taxes on the $700,000 or so Willis paid him for services. Makes me think I should have considered a career as a ‘sex worker’ though it would have to be more than that to get me to charm Fani.
Somebody in that legal hairball should subpoena his returns and see if he really got that much. If not, where did it go?
I have been a juror on a couple of trials over several decades. If I was on this jury I would be upset at the Judge and prosecutors no matter if I hated Trump or like Trump as they did two things: 1) they wasted my time for weeks, and 2) they put a target on my back that someone may go after me based on how I vote. For the Jury this is a no win scenario of a sham trial and being a sham trial is what would upset me.
Mad Merchan can’t spell justice, much less define it.
Where in our so-called legal system is the authority to charge this ‘judge’ for the criminal acts he’s committing? It’s past time.
People selling their souls for political glory. 🤦♀️
All of this is tRUMP’s fault, for not being smart enough to just demand seeing his written guarantee of getting a fair trial! What a dummy he must be to not be able to see that if you don’t have a guarantee of getting a fair trial, that it is then either a pure gamble as to what its outcome will be, or it’s a scam that is being run on us all! Where is his “perfect brain” now, right when he needs it the most? He has a UNIVERSAL Get Out Of Jail For Free Card right there in his hands, but he’s too dumb to play it!
You’re an idiot troll go away!
What good is a written guarantee, if written by people who lie as a matter of course? Might as well display a Monopoly “Get out of jail free” card!
WTF are you talking about ??? Dude get a brain
Written guarantee? There is an actual law/enumerated right about getting fair trials and the dems have ignored that too. Not sure what a written guarantee would accomplish other making oneself look like an idiot for believing in it.
Dumb@$$.
Go pretend pee on a bed
This whole effort was a staged event for two purposes. It was meant to (1) tie candidate Trump to the NY courthouse so he couldn’t be on the road campaigning and (2) transmit into every home in America the most salacious dirty details they could muster; true or not. It was the same for the repeat civil cases, but in the end may cost Trump millions of dollars with zero proof provided. They effectively are DOJ and NYC campaign donations to the Biden campaign; only the dirty, smeary kind that Hillary would have been involved in selling. And Merchan himself is a paid performer in the campaign.
Jonathan: While you focus on the antics of attorney Robert Costello you missed any discussion of his actual testimony and why it was a disaster for DJT’s defense. Here’s why:
First out, Costello was not the final witness Todd Blanche and his co-counsels wanted to testify. They didn’t want Costello at all because he is a loose cannon that they thought he could damage the case. They were right. But DJT insisted his MAGA attorney testify because DJT wanted the case to be about Cohen–the “liar, liar, pants on fire”.
The first sign that Costello was there to show his distain for the court proceedings was he showed up in a PINK shirt and tie–while everyone else in the courtroom wore a white shirt. Then came his unwarranted comments on the stand–“jeez” and “strike that” and trying to stare down Justice Merchan who cleared the courtroom and had to admonish Costello who was trying to intimidate the Justice.
But the real fireworks came on cross examination by prosecutor Susan Hoffinger. On direct Costello claimed he was only representing the interests of Cohen–not those of DJT. Hoffinger pointed out that Costello’s real role was to act as a go-between for DJT and Giuliani to keep Cohen quiet because the FBI was trying to get Cohen’s cooperation. Hoffinger showed Costello a 2018 email from Costello to his law partner: “Our issue is to get Cohen on the right page without giving the appearance that we are following instructions from Giuliani and the President”. Hoffinger asked Costello: “Does the email speak for itself?” Costello admitted it did. Another series of emails from Costello showed his real role in the conspiracy by Giuliani and DJT was to keep Cohen silent and not cooperate with the feds.
So DJT’s trial tactic of putting on Costello as the final witness failed miserably. DJT wanted to put Cohen on trial but, instead, his MAGA ally and fixer was the one on trial. Hoffinger’s cross was devastating and Costellos’ credibility was destroyed. That was not lost on the jury that laughed at Costello during his cross.
All this is to point out that when you let the client dictate trial tactics bad things happen!
So the pink shirt and tie are the big giveaway. Right.
Never mind the extraordinary biases of this judge – himself a Biden donor, his daughter received $157,000 in return for attempting to get Trump thrown off the ballot in Colorado, and who in fact is a Dem party activist. The judge should have recused himself, but instead he has insisted on remaining b/c he is in a position to throw the trial. Even those who hate Trump understand that this is very dangerous legal precedent, and in fact is nothing less than Stalinistic in its approach. And you can bet it will be used against regular citizens soon enough, should it succeed.
Total horse manure!
D Mac has been telling us for years that DJT is washed up. Busted.😂😂😂 In lengthy screeds no one reads.🫣😵💫
Better to use dope on pipe threads than smoking it my friend
How many cases have you tried?That’s what I thought..I normally wouldn’t waste my time commenting,especially to some cuck who thinks he is Perry Mason but sounds more like Forrest Gump,but your complete absurdity has leaves me unable to pass..Anyone who condones this totally illegal political farce of a “trial” that will absolutely NEVER stand up on appeal but more likely,will be forever historically linked to Democrat Election Interference,is of low moral & ethical code..But I mean,anyone that uses the word “MAGA” to describe someone,should automatically be considered,like this corrupt “Judge” & D.A. on this Kangaroo Court, Trump Derangement Syndrome Degenerates..No wonder the majority of people in this Country,can’t stand you..
Good thing your bias isn’t creeping into your comments…
What does him wearing a pink shirt have to do with anything? Are we supposed to color coordinate with everyone else who attends court now? I’ve been to court hundreds of times and have testified many dozens of times, and never once did I contact the court to find out what color shirt everyone would be wearing that day. That’s not showing disdain for the court, it’s called getting dressed in the morning.
Dennis M. – who helps you write your ridiculous fairytale spinning postings, AOC?
The Russian troll farms are responsible
Biden’s Handlers have been secretly meeting with Iran to change the government of Israel
For all of the talking points by the Left / DNC / MSM about Trump, DeSantis, et al being dictators, it appears secretly influencing the governments of foreign nations like Haiti, Ukraine, Israel , et al are just another day in the Lies of Biden. Ronald Reagan / Oliver North deserve an apology vis a vis Nicaragua’s the Contras
Secret Iran-US talks on Gaza war undermined by Raisi death
Brett McGurk, US President Joe Biden’s senior Middle East adviser, held indirect negotiations earlier this month with Ali Bagheri Kani, Iran’s point man for negotiations with the West, according to three Iranian sources close to the talks…..The talks focused on three subjects: a shared desire for a change in government in Israel; ending Israel’s war on Gaza; and preventing the conflict from spreading elsewhere in the region.
https://www.middleeasteye.net/news/secret-iran-us-talks-gaza-war-undermined-raisi-death