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 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.
Star witness Michael Cohen expected to take the stand
Michael Cohen, who for nearly a decade was Donald Trump's trusted adviser, personal attorney, and self-described "attack dog with a law license," is scheduled to take the stand this morning as the prosecution's star witness in Trump's criminal hush money trial.
According to prosecutors, Cohen was in the room in when Trump and former National Enquirer publisher David Pecker agreed to a catch-and-kill scheme to hide negative information about Trump from 2016 voters, and Cohen himself made a $130,000 payment to Stormy Daniels to buy her silence about an alleged 2006 sexual encounter with Trump. The former president, who has denied the encounter took place, is on trial for allegedly falsifying business records related to his company's reimbursement to Cohen in 2017.
But Cohen's value to the prosecution's case could be endangered by the disbarred lawyer's credibility issues. Cohen pleaded guilty in 2018 to tax evasion, campaign finance allegations, and lying to Congress in what Cohen says was an effort to protect Trump. The former president's lawyers have also argued that Cohen perjured himself again when he testified at Trump's civil fraud trial last year, and accuse Cohen of making his livelihood off books and podcasts that antagonize Trump.
Cohen is the final key witness in the prosecution's case, after which the defense will present its case.