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

READ MORE: Here's what you need to know about the historic case.


0

Defense argues Cohen's lack of retainer agreement was not an issue

After affirming he worked on "The Apprentice" and did personal work for Trump and members of his family, Michael Cohen confirmed he has never had a retainer agreement with Trump or his company.

"In the whole time you worked for the Trump Organization, you never had a retainer agreement?" defense attorney Todd Blanche asked.

"I never had a retainer agreement," Cohen said.

"And you never had a retainer agreement with any of those individuals, did you?" Blanche asked.

"Correct, Cohen answered.

"And the reason why you didn't have a retainer agreement is because you didn't need one?" Blanche asked. "You knew you were going to get paid?"

"Yes," Cohen said.

"You didn't have to worry when you did personal work for Donald Trump Jr. about the retainer agreement because you were getting paid by the Trump Organization, correct?" Blanche said.

"Correct," Cohen replied.

Blanche suggested there was "nothing wrong" with Cohen never having retainer agreement -- including when Cohen submitted invoices for legal work in 2017. At that time in 2017, Cohen was working as a private lawyer for Trump, separate from the Trump Organization.

Prosecutors have argued that Trump falsified records when he paid Cohen for legal services pursuant to a retainer agreement in 2017.

Blanche subsequently concluded his questioning for the day, with Cohen's cross-examination scheduled to continue on Monday.

Cohen did not look at Trump when he exited the courtroom.


Defense stresses Daniels' hush payment was 'perfectly legal'

Defense attorney Todd Blanche turned the cross-examination to the topic of Stormy Daniels' $130,000 hush payment.

Jurors were shown the nondisclosure contract between Daniels and Trump.

“In your mind, then and now, this is a perfectly legal contract, correct?” Blanche asked Michael Cohen, hammering at a key defense argument that the agreement was fully legal.

“Yes sir,” Cohen responded.

Under questioning, Cohen conceded that he told the Manhattan district attorney's office that before he paid Stormy Daniels her hush money, he thought Daniels was "exploiting Mr. Trump."

"In your mind, there was either two choices: Pay, or don't pay and the story comes out?" Blanche asked COhen.

Cohen affirmed his thinking.

"But you went a long time without paying?" Blanche asked.

"Yes, we went several weeks without paying," said Cohen.

"Ultimately, though, you did. You paid," Blanche said.


Defense presses Cohen on recording of Trump conversation

Defense attorney Todd Blanche questioned Michael Cohen about his secretly made recording of the September 2016 conversation between him and Trump. Cohen testified earlier that be believed the recording ended abruptly because he got a phone call.

Blanche asked Cohen what Trump meant, on the recording, when he told Cohen to use "cash" to repay David Pecker for the Karen McDougal catch-and-kill agreement, suggesting that Trump was talking about not using financing, rather than going "down to the bank with bags full of cash."

"That's not what he was talking about, was he?" Blanche said.

Following up, Blanche asked, "You're recording him but the phone rings and you just answered that call?"

"I did," Cohen said, adding that he remembers being the victim of identity theft.

"When you hung up with the bank you were still talking to President Trump?" Blanche asked.

"For a few seconds," said Cohen. He said did not restart the recording.

Trump, angled toward the witness stand to get a better view of Cohen, appeared attentive during this questioning.


Trump team attempts to cast doubt on Karen McDougal call

Defense attorney Todd Blanche pressed Michael Cohen on the hush money payment made to Playboy model Karen McDougal, whose story Cohen said he thought could be damaging to the Trump campaign.

"President Trump at least initially didn't think it would hurt him?" Blanche asked.

"Initially yes," Cohen said.

Blanche attempted to cast doubt on how Cohen could remember a specific phone call with Trump about McDougal in June 2016 when he was getting a hundreds of calls a week at the time.

Cohen agreed with the defense that he gets 14,000 phone calls a year.

"So when you testified Monday and Tuesday about specific conversations you had with Mr. Howard, with President Trump, you were not testifying about a specific recollection of that phone call?" Blanche asked.

"I was," Cohen said. "Because these phone calls are things I've been talking about for the last six years. They are, and they, were all-consuming."