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.

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.


What to know about the hush money case

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Cohen cites crime-fraud exception regarding recording

Defense attorney Todd Blanche said it is "not ethical" for a lawyer to record his client after Cohen testified that he had recorded Trump.

"You're not supposed to record your client," Blanche said.

"You're not, except the crime-fraud exception rule," Cohen responded.

"Didn't you testify that you recorded your client because you wanted to convince Mr. Pecker he would pay him?" Blanched asked, referring to Cohen's recording of Trump at a 2016 meeting.

"Yes," Cohen replied.

"And you did that under the crime-fraud exception rule?" Blanche asked.

"I was just giving the example," Cohen said.

Several members of the jury were taking notes during this exchange.


Cohen says he recorded a 'handful' of journalists

On cross-examination, Michael Cohen told jurors that, as part of his work for Donald Trump during his 2016 campiang, he surreptitiously recorded "a handful" of conversations with journalists.

"Did you tell people you were recording them?" Blanche asked.

"No sir," Cohen responded. "It is not illegal in New York."

"Who else did you record surreptitiously?" defense attorney Todd Blanche asked.

"I recorded, off the top of my head ... I can't tell you," Cohen said.

"Jeff Zucker on one event," Cohen said, referring to the then-CNN president. "Mr. Trump at another event," he said.

Trump, at the defense table, angled toward Cohen in his chair, intently watching this testimony.


Defense presses Cohen on representing Trump to the media

Defense attorney Todd Blanche pressed Cohen on how he represented Trump to the media during Trump's 2016 campaign.

"You never reached back out to a reporter, ever, without first checking with President Trump?" Blanche asked.

"It was my routine to always advise Mr. Trump," Cohen said. If he didn't, he said "it would mean the end of my job."

An incredulous Blanche asked, "You did that never on your own?"

"Only in consultation with President Trump?" Cohen responded. "If I did that and he didn't like the response, it would probably cost me my job"

Cohen, however, acknowledged that Trump's campaign grew frustrated with his comments to the media.

"I knew that they were upset about it; however, Mr. Trump had turned around and advised them that I don't answer to them," Cohen said.

Cohen added that his comments to the media were aligned with Trump's thoughts on an issue.

"I would always get comments or something in line with a conversation we had on that specific topic," Cohen said. "Again, if I did that and he didn't like the response, it would probably cost me my job."


Defense asks Cohen about positive publicity he received

Defense attorney Todd Blanche then transitioned the topic of the cross-examination to Cohen's involvement in encouraging Trump to run for president.

Cohen earlier told jurors he created the website to encourage Trump, and that the National Enquirer ran a positive story about Cohen's involvement in the campaign.

"You worked very hard during your time working for Trump to get positive stories into the press about President Trump and all the things you were doing?" Blanche asked Cohen.

"Yes sir," Cohen said.

"You worked very hard to make sure there were positive stories about you at times?" Blanche asked.

"Yes sir," Cohen said.

The testimony slightly cuts against one prong of the alleged conspiracy with the National Enquirer -- running positive stories about Trump -- to show that Cohen got some positive press too.


Cohen questioned about attorney Robert Costello

Following the mid-morning break, prosecutor Susan Hoffinger resumed her direct examination by asking Cohen about attorney Robert Costello, who represented him in 2018.

Cohen testified that Costello told him "this would be a great way to have a backchannel of communication to the president in order to ensure you're still good and still secure"

Cohen said that Costello also touted his relationship with Rudy Giuliani, who was close with Trump at the time.

Costello suggested his representation would be "very beneficial for you going forward with this matter."

Cohen said he was skeptical of Costello because he seemed "really sketchy and wrong."

Cohen also said worried that "anything I said to him was going to be spoken and told to Rudy Giuliani."

Jurors saw an April 2018 email from Costello to Cohen, which Cohen said was sent to "reinforce the whole concept of the back channel."

"I am sure you saw the news that Rudy is joining the Trump legal team. I told you my relationship with Rudy which could be very useful to you," Costello wrote in the email.