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.
Top headlines:
- No decision yet about Trump testifying
- Defense argues Cohen's lack of retainer agreement was not an issue
- Defense accuses Cohen of lying about Trump phone call
- Defense challenges Cohen on past perjury
- Cohen says Trump approved payment of $420K, paid monthly
- Jury hears secret recording of Trump discussing payment
What to know about the hush money case
READ MORE: Here's what you need to know about the historic case.
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.
'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."
"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."
Cohen says he advocated for Trump on CNN
Jurors saw a record of a text message on Oct. 18, 2016, from Melania Trump to Cohen.
"Good morning Michael, can u pls call DT on his cell. Thanks," Melania texted.
Cohen replied, "Of course."
Later that day, Cohen appeared on CNN to defend Trump's conduct in light to the "Access Hollywood" tape and other allegations.
"I advocated for Mr. Trump in the best light possible -- denials as well as exclamations that I have never seen him act in this sort of manner before," Cohen said.
'We were losing control,' Cohen says of Daniels' payment
Michael Cohen told jurors that he grew concerned in mid-October 2016 when Stormy Daniels' attorney Keith Davidson told him he was backing out of the nondisclosure deal over Cohen's failure to pay Daniels the agreed-upon $130,000.
"We were losing control over the settlement ... in order to prevent the story from coming out as a direct result of my failure to wire funds," Cohen told jurors.
"Were you concerned?" Hoffinger asked.
"Very much so," Cohen said.
Later that day, Cohen texted National Enquirer editor Dylan Howard to try to revive the deal, telling the jurors that the idea of the story going to an outlet like the Daily Mail was "incredibly stressful and incredibly important."
Cohen said he then tried to call Trump over a matter of "great importance." Cohen testified that "I didn't forward the funds, she's now declaring the agreement void," and he said he wanted to tell Trump "the story was now going to go to the Daily Mail."
The call lasted eight seconds. "I left a voicemail," Cohen said.
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.