Trump trial: Cohen faces Trump team grilling over past lies, recollections

The defense questioned Trump's former lawyer on Day 18 of the hush money trial.

Last Updated: May 13, 2024, 3:04 PM EDT

Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.

Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.

Apr 22, 2024, 5:51 AM EDT

What to know about the hush money case

May 13, 2024, 2:58 PM EDT

Cohen says he wanted to hide intent of shell company

Jurors saw the form that Michael Cohen used to create the account for Essential Consultants LLC, the shell company he used to pay Stormy Daniels the $130,000 per their nondisclosure agreement.

"MICHAEL COHEN IS OPENING ESSENTIAL CONSULTANTS LLC AS A REAL ESTATE CONSULTING COMPANY TO COLLECT FEES FOR INVESTMENT CONSULTING WORK HE DOES FOR REAL ESTATE DEALS," the form said.

Asked about the veracity of the form, Cohen responded, "It's false."

Cohen said he filled out the form that way "to hide the intent ... which is to pay for a nondisclosure agreement."

Cohen said had he been honest on the form, the account would not have been opened by First Republic Bank.

Prosecutor Susan Hoffinger then walked Cohen through each of the documents used to create the shell company then wire $130,000 to an attorney-trust account for Stormy Daniels.

Cohen stated that wire transfer form he used for the payment was not truthful because it stated the purpose of the wire was a "retainer."

In reality, Cohen said, the wire was "in order to pay Stormy Daniels to execute the nondisclosure agreement and to attain the story -- her life rights."

May 13, 2024, 2:53 PM EDT

Payment to Daniels 'required Mr. Trump's sign-off,' Cohen says

Jurors saw phone records showing a flurry of calls made by Michael Cohen in late October 2016, as Cohen finalized the Stormy Daniels payment.

The records included Cohen's calls between Keith Davidson, Allen Weisselberg, and David Pecker.

Jurors also saw a record of two phone calls Cohen made to Trump on Oct. 26, 2016, with durations of 3:01 and 1:28.

"I wanted to ensure that once again he approved what he was doing, because I required approval from him on all of this," Cohen said about the calls.

"Everything required Mr. Trump's sign-off," Cohen said. "On top of that I wanted the money back.

May 13, 2024, 2:47 PM EDT

Cohen explains how he came to make Daniels' payment

"Would you have ever paid the nondisclosure agreement for Stormy Daniels on your own?" prosecutor Susan Hoffinger asked Michael Cohen after he detailed his efforts to find an alternative sdolution.

"No ma'am," Cohen responded. "It's $130,000. I was doing everything I could and more to protect my boss, which is something I did for a long time but I would not lay out $130,000 for an NDA needed by someone else."

Cohen described frantic days to finalize the NDA with Stormy Daniels. "If this matter wasn't resolved it was going to be catastrophic to Mr. Trump and the campaign," Cohen said.

Cohen said he asked AMI's David Pecker and Dylan Howard to front the money, but Pecker balked. "I cannot do it again," Cohen quoted Pecker saying, consistent with Pecker's testimony that he wasn't a bank.

Cohen testified that he ultimately used a home equity line of credit to finance the Stormy Daniels payoff because he was too afraid his wife would find out otherwise.

"I elected to use money that was in the HELOC because my wife, who was CEO of the household, would not understand if there was $130,000 missing from our joint bank account."

Many of the jurors keep their eyes locked on Cohen as he responded to this line of questioning.

Donald Trump eyes remained closed.

Cohen, on the stand, let out a sigh.

May 13, 2024, 2:41 PM EDT

'Just do it,' Cohen says Trump told him about Daniels payment

Michael Cohen testified that as the clock ticked toward the 2016 election, it became increasingly clear he could no longer delay the nondisclosure arrangement with Stormy Daniels.

Cohen said Trump agreed.

"He stated to me that he had spoken to some friends, some individuals, very smart people. It's $130,000. Just pay it. There's no reason to keep this thing out there. Just do it. So he expressed to me, 'Just do it,'" Cohen said.

Then-Trump Organization CFO Allen Weisselberg allegedly suggested that Cohen could fund the account that would ultimately wire the $130,000 payment to Stormy Daniels through one of Trump's golf courses, either through a membership or a wedding.

In a meeting with Weisselberg, Cohen said he suggested two options: "One option was to see if I knew anybody who wanted to purchase a golf membership," and a second option was for "somebody who was having a family affair, like a wedding or a bar mitzvah" pay that account and redeem the value as a "credit on their invoice."

PHOTO: Former President Donald Trump sits and New York County District Attorney Alvin Bragg watches as Michael Cohen is questioned during Trump's criminal trial in Manhattan state court in New York City,  May 13, 2024 in this courtroom sketch.
Former President Donald Trump sits with his eyes closed and New York County District Attorney Alvin Bragg watches as Michael Cohen is questioned by prosecutor Susan Hoffinger during Trump's criminal trial in Manhattan state court in New York City, May 13, 2024 in this courtroom sketch.
Jane Rosenberg via Reuters

"Why don't you pay?" Cohen testified he asked Weisselberg.

"He said to me that he wasn't financially in a position to do it," Cohen said.

Cohen said he eventually agreed to make the payment.

"I said I'll pay for it," Cohen said.

According to Cohen, both he and Weisselberg discussed the plan with Trump;

"Allen and I spoke to Mr. Trump and we expressed to him that I was going to front the money for it, to which he was appreciative," Cohen said.

Cohen said Trump replied, "Good, good."

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