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Trump trial recap: Legal analysts call Cohen cross-examination ‘damning’

May 17

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As the New York criminal trial of former President Donald Trump enters its sixth week, the prosecution is expected to rest its case as soon as Monday, May 20. Over the past five weeks, prosecutors have presented testimony from 19 witnesses, with Michael Cohen, Trump’s former lawyer and fixer, serving as their key witness.

The cross-examination of Cohen on Thursday, May 16, proved to be a pivotal moment, with legal analysts widely agreeing that it was one of Trump’s strongest days in court thus far.

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Throughout the trial, jurors have heard a variety of testimonies. David Pecker, the former publisher of the National Enquirer, testified about burying stories that could have damaged Trump’s reputation during his presidential campaign. Adult film star Stormy Daniels also testified, claiming she had an affair with Trump and was paid $130,000 to keep quiet.

The prosecution’s strategy has focused on proving that Trump paid off Daniels and falsified business records to conceal the payment. Cohen’s testimony is critical to this argument.

If the jury finds Cohen credible, it could significantly bolster the prosecution’s case. The defense, on the other hand, has aimed to undermine Cohen’s credibility, arguing that without his testimony, the case against Trump weakens substantially.

A notable exchange occurred on May 16 when the defense questioned Cohen about a phone call on Oct. 24, 2016, with Trump’s bodyguard, Keith Schiller. Cohen claimed he discussed wiring hush money with Trump during this call.

The defense presented text messages between Cohen and Schiller, suggesting the call was primarily about harassing phone calls Cohen had received from a teenager.

During cross-examination, Cohen maintained that he discussed both issues in the one minute and 36 seconds call. Trump’s lawyer, Todd Blanche, challenged his statement.

“You had enough time in that one minute and 36 seconds to update Mr. Schiller about all the problems you were having with this harassing phone call and also update President Trump on the status of the Stormy Daniels situation?” Blanche asked.

“Yes, I believe I was telling the truth,” Cohen said.

“We are not asking for your belief. This jury does not want to hear what you think happened,” Blanche said.

This line of questioning was highlighted by legal analysts from ABC, CBS, CNN and MSNBC as a key moment in the trial, showcasing the defense’s efforts to cast doubt on Cohen’s testimony.

As the trial progresses, the jury’s perception of Cohen’s credibility remains crucial. The outcome may hinge on whether jury members accept his account of events as truthful, influencing their decision on the charges against Trump.

The trial was on pause Friday, May 17, for Trump to attend his son’s graduation in Florida before heading to a Republican fundraiser in Minnesota. Things will resume on Monday, May 20, where crucial moments still lie ahead. It will be announced early next week whether Trump will take the stand. Closing arguments could begin as early as Tuesday, May 21.

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[KARAH RUCKER]

THE PROSECUTION WILL REST ITS CASE AS SOON AS MONDAY –

AS WE’RE NOW FIVE WEEKS INTO TRUMP’S NEW YORK CRIMINAL TRIAL.

PROSECUTORS HAVE CALLED UP 19 WITNESSES TO TESTIFY.

THEIR KEY WITNESS –

BEING MICHAEL COHEN –

TRUMP’S FORMER LAWYER AND FIXER.

AND IT WAS THE CROSS-EXAMINATION OF COHEN ON THURSDAY –

THAT HAD LEGAL ANALYSTS ACROSS THE MAINSTREAM MEDIA IN AGREEMENT  –

THAT IT WAS TRUMP’S BEST DAY IN COURT YET.

IT’S BEEN A LENGTHY TRIAL.

A SNAPSHOT OF WHAT JURORS HAVE HEARD SO FAR?

THEY HEARD FROM DAVID PECKER – THE FORMER PUBLISHER OF THE NATIONAL ENQUIRER – WHO SAYS HE BURIED STORIES THAT COULD BE DAMNING TO TRUMP’S REPUTATION BACK WHEN HE WAS FIRST RUNNING FOR PRESIDENT.

JURORS HEARD FROM ADULT FILM STAR STORMY DANIELS –

WHO SAYS SHE HAD SEX WITH TRUMP AND WAS PAID 130 THOUSAND DOLLARS TO KEEP QUIET ABOUT IT.

ALL PART OF THE PROSECUTION’S PLAYBOOK BUILDING UP TO THEIR STAR WITNESS – A KEY PART OF THEIR CASE TO PROVE TRUMP PAID OFF DANIELS AND FALSIFIED BUSINESS RECORDS TO COVER IT UP.

THE JURY’S PERCEPTION OF COHEN – IS IMPORTANT.

IF THEY BELIEVE COHEN – THEN THEY LIKELY BELIEVE TRUMP COMMITTED CRIMES.

THE DEFENSE’S CASE – LARGELY FOCUSES ON DISCREDITING HIM.

BECAUSE WITHOUT COHEN TO PROVE TRUMP’S INTENT – THE SUBSTANCE OF THE CASE SHRINKS SIGNIFICANTLY.

ON THURSDAY –

THE DEFENSE QUESTIONED A PHONE CALL COHEN SAYS HE MADE TO TRUMP’S BODYGUARD, KETIH SCHILLER ON OCTOBER 24, 2016 – JUST WEEKS BEFORE ELECTION DAY. 

COHEN SAYS HE DISCUSSED HOW TO WIRE THE HUSH MONEY WITH TRUMP IN THIS PHONE CALL.

TRUMP’S LAWYER PROVIDED TEXT COMMUNICATIONS BETWEEN COHEN AND SCHILLER.

THE TEXTS SHOW COHEN ASKING SCHILLER TO CALL HIM ABOUT HARASSING CALLS HE WAS RECEIVING – FROM A 14 YEAR OLD BOY.

SCHILLER CALLED COHEN AND THE CALL LASTED 1 MINUTE AND 36 SECONDS.

COHEN SAID ON THE STAND “PART OF IT WAS ABOUT THE PHONE CALLS, BUT I KNEW THAT KEITH WAS WITH MR. TRUMP AT THE TIME, AND IT WAS MORE THAN POTENTIALLY JUST THIS.”

TRUMP’S LAWYER SAID “YOU HAD ENOUGH TIME IN THAT ONE MINUTE AND 36 SECONDS TO UPDATE MR. SCHILLER ABOUT ALL THE PROBLEMS YOU WERE HAVING WITH THIS HARASSING PHONE CALL AND ALSO UPDATE PRESIDENT TRUMP ON THE STATUS OF THE STORMY DANIELS SITUATION?”

COHEN SAID “YES, I BELIEVE I WAS TELLING THE TRUTH.”

TRUMP’S LAWYER RESPONDED “WE ARE NOT ASKING FOR YOUR BELIEF. THIS JURY DOES NOT WANT TO HEAR WHAT YOU THINK HAPPENED.”

THIS EXCHANGE DURING THE TRIAL –

IS ONE THAT BROUGHT A RARE REACTION FROM LEGAL ANALYSTS ACROSS THE MAINSTREAM MEDIA.

THEY WERE IN **AGREEMENT.

THAT THIS WAS A KEY MOMENT IN THE CASE.

“So jerry, what what do you think was the most damning part of cross examination? They demonstrated that he’s a liar.”

“It makes the district attorney’s office look sloppy in addition to making michael cohen seem like a self-assured fabricator, liar, or forgetful person.”

“I don’t think i’ve ever seen a star cooperating witness get his knees chopped out as quite clear and dramatically as what just happened with michael cohen.” 

“The prosecution appeared to be thorough and yet somehow they missed one of the most crucial pieces of evidence in this case.”  

“Its going to be up to the prosecution to clear it up and redirect if they can.”

THE TRIAL WAS ON PAUSE FRIDAY FOR TRUMP TO ATTEND HIS SON’S GRADUATION IN FLORIDA.

BUT THINGS WILL RESUME MONDAY –

AND THERE ARE STILL CRUCIAL MOMENTS AHEAD –

WE’LL KNOW EARLY NEXT WEEK WHETHER TRUMP WILL TAKE THE STAND.

CLOSING ARGUMENTS COULD BEGIN AS EARLY AS TUESDAY.

WHAT AMERICANS –  OR WHAT LEGAL ANALYSTS – THINK OF THE CASE – 

ISN’T WHAT WILL DECIDE TRUMP’S FATE.

THAT – IS UP TO THE JURY.