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 recounts 2018 FBI raid on hotel room, office
Michael Cohen testified about the April 9, 2018, FBI raid on his hotel room and office as part of a federal investigation related to the Stormy Daniels matter. At the time, Cohen's apartment was flooded, so he was residing in a hotel.
"At 7 o'clock in the morning, there is a knock on the door and I look through the peephole and I see a ton of people out in the hallway. I saw a badge ... they identified themselves at the FBI," Cohen said.
Cohen told jurors that the FBI seized two phones, a series of tax books, and other records.
"I found out that simultaneously they had also raided my apartment that was under construction, my law office, and my bank that had a safety deposit box I had just opened in order to hold valuables in because I didn't want to keep them in the hotel," he testified.
"How would you describe your life being turned upside down?" prosecutor Susan Hoffinger asked.
"Concerned. Despondent. Angry,” Cohen said, describing his response to the raid.
"Were you frightened?" Hoffinger asked.
"Yes, ma'am," Cohen said.
Cohen said that he left a message for Trump after the raid, and received a phone call from Trump.
"I received a phone call from President Trump in response to me leaving a message for him to call," Cohen said. "I wanted obviously for him to know what was taking place. He said, don't worry, I am the president of the United States -- there is nothing here. Everything is going to be OK. Stay tough. You are going to be OK."
Cohen said Trump's statements at the time" reinforced my loyalty and my intention to stay in the fold." At the time, the Trump Organization was paying his legal fees.
Cohen said this was the last time he spoke to Trump.
Jurors then saw an April 21, 2018, tweet from then-President Trump that referenced the possibility Cohen might "flip" -- i.e., decide to turn on him.
Cohen said he understood those tweets as being directed "to me" -- meant to indicate, "stay in fold, stay loyal, I have you ... don't flip."
"Mr. Trump did not want me to cooperate with the government, certainly not to provide information or flip," Cohen said.
Appellate Court denies Trump's challenge to gag order
In a ruling related to the ongoing criminal trial, a panel of New York appellate judges has denied Donald Trump's challenge to the limited gag order in the case.
In April, Trump filed an Article 78 petition to challenge the constitutionality of the limited gag order, which prevents public statements about witnesses, jurors, lawyers in the case other than Alvin Bragg.
Trump argued that the limited gag order overstepped on his First Amendment rights.
In their ruling today, the appellate judges acknowledged that while Trump does not surrender his First Amendment rights once he enters the courtroom, those rights "may be subordinated" by the issues that arise during the trial.
"We find that Justice Merchan properly weighed petitioner's First Amendment Rights against the court's historical commitment to ensuring the fair administration of justice in criminal cases and the right of persons related or tangentially related to the criminal proceedings from being free from threats, intimidation, harassment, and harm," the decision said.
'I will always protect Mr. Trump,' Cohen said in 2018
Jurors saw a statement that Michael Cohen released to the press in 2018 about the Stormy Daniels payment and the related FEC complaint.
"Just because something isn't true doesn't mean it can't cause you harm or damage. I will always protect Mr. Trump," Cohen read to the jury from his 2018 statement.
The jury also saw a Signal message from then-Trump attorney Jay Sekulow to Michael Cohen that read, "client says thanks for what you do."
"The client here is President Trump, and for what you do, it dealt with the statement that I was putting out to the press," Cohen testified.
"To deny his involvement?" prosecutor Susan Hoffinger asked Cohen.
"Yes," Cohen responded.
Cohen admits making 'misleading' statement to FEC
Michael Cohen acknowledged that his lawyers sent the Federal Election Commission a "misleading statement" on Feb. 8, 2018.
"Neither the Trump Organization nor the Trump campaign was a party to the transaction with Ms. Clifford, and neither reimbursed Mr. Cohen for the payment directly or indirectly," the letter to the FEC read.
Cohen described the statement as "misleading" because the reimbursement came from Trump directly.
"It was the Donald J. Trump Revocable Trust or Donald Trump himself," Cohen told jurors, though he said he "omitted" that from the letter to the FEC.
Cohen said Trump approved the statement.
"That's a true statement, but it's deceptive, it's misleading," Cohen said. He did so "in order to protect Mr. Trump, stay on message, demonstrate my continued loyalty," he said.
As Cohen discussed his conduct related to the FEC, Judge Merchan offered a limited instruction to the jury, telling them that the testimony can be used to provide context for the surrounding events and help determine Cohen's credibility -- but not Trump's guilt.
Judge will wait to rule on defense's expert witness
After the jury was dismissed for the day, Judge Merchan heard arguments from the two sides on whether the defense should be allowed to call an expert witness to explain to the jury how to interpret nuances in election law, particularly the phrase "for the purpose of influencing an election."
"We don't think this jury here should be evaluating a FICA violation," defense attorney Emil Bove argued.
Prosecutors objected, saying only the judge should inform the jury what the law is.
There is a "general and widely followed prohibition" against having testimony from witnesses about the law, prosecutor Matthew Colangelo argued, adding that Bove's request "flies directly in the face" of an earlier order issued by Merchan.
"The jury has to be provided instructions one way or another ... about how to apply these principles," Bove argued back.
Merchan said he would think about it over the weekend, but told the defense, "Until you hear differently from me, my ruling has not changed" that their requested testimony would not be permitted.