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 says he didn't want info getting back to Trump

Jurors saw an April 21, 2018, email where Michael Cohen's attorney at the time, Robert Costello, told Cohen, "Sleep well tonight, you have friends in high places."

"The friend in high places was President Trump," Cohen testified.

"It let me know that I was still important to the team, and stay the course, that the president had my back," Cohen said about Costello's emails.

Jurors then saw another email from Costello dated June 13, 2018.

"Since you jumped off the phone rather abruptly, I did not get a chance to tell you that my friend has communicated to me that he is meeting with his client this evening and he added that if there was anything you wanted to convey, you should tell me and my friend will bring it up for discussion this evening," Costello wrote.

According to Cohen, the aforementioned client was Donald Trump.

Asked about the vagueness of the email, Cohen testified that it was "sort of to be covert -- it is all back channel. Sort of eye spy-ish. Didn't want to put anybody's name."

Jurors then saw a June 2018 email between Cohen and Costello that suggested their relationship had begun to fray.

"I must tell you quite frankly that I am not used to listening to abuse like today's conversation," Costello wrote, referencing an "unfortunate outburst" by Cohen.

"Please remember if you want or need to communicate something, please let me know and I will see that it gets done. I hope I am not wrong but it seems to both Jeff and I that perhaps we have been played here," Costello wrote, referencing the back channel to Trump.

Cohen told the jury he was concerned about his communications with Costello making their way to Trump, and he began looking for other lawyers.

Cohen said Costello was "again pressuring me as he had done with constant calls and sending me emails and so on. He wanted to absolutely be retained to represent me in this matter. He was angered that I was willing to sit down with another attorney but not sit down with them, so I had enough."