'For the Benefit of Mr. Trump'
In this episode of Rachel Maddow Presents: Déjà News, Michael Cohen's testimony and its corroboration by the prosecution take center stage. The blurb provides insight into Cohen's intense loyalty and desire for Donald Trump's approval, which motivated his efforts to suppress negative stories and his eventual cooperation.
The discussion delves into the prosecution's strategic approach to questioning Cohen and presenting evidence, as well as the challenges they face in undermining Cohen's credibility and handling the absence of a key witness, Allen Weisselberg. The episode offers a nuanced look at the dynamics between Cohen, Trump, and the legal proceedings.
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1-Page Summary
Michael Cohen's Testimony and Corroborating Evidence
In his testimony, Michael Cohen provided a detailed account of interactions with Donald Trump, which was strategically corroborated by the prosecution through evidence like phone records and witness statements. Cohen revealed Trump's direct involvement in efforts to suppress negative stories and hush money payments.
Prosecution's Questioning and Case Presentation
Prosecutor Susan Hoffinger utilized extensive leading questions during Cohen's testimony, providing structure but limiting his ability to narrate in his own voice, according to Andrew Weissmann. However, Weissmann praised the prosecution's strategic pairing of Cohen's statements with hard evidence as an effective way to build a compelling narrative.
Cohen's Loyalty and Need for Trump's Approval
Cohen exhibited intense loyalty and a deep desire for Trump's approval, according to Weissmann. Cohen saw Trump's commendations as being "on top of the world" and was motivated to lie and mitigate unfavorable press to serve Trump's interests, often at great personal cost. Weissmann suggests Cohen later cooperated partly due to hurt feelings when Trump's approval waned.
Challenges Ahead: Cross-Examination and Weisselberg's Absence
The defense aims to undermine Cohen's credibility during the upcoming cross-examination, potentially portraying him as self-interested or vengeful. Meanwhile, the absence of Allen Weisselberg as a witness raises questions, with the prosecution considering highlighting his financial ties and loyalty to Trump to support Cohen's account. However, this approach faces challenges due to relevancy concerns from the judge.
1-Page Summary
Additional Materials
Clarifications
- Hush money payments typically involve offering money or incentives to keep someone quiet about potentially damaging or embarrassing information. These payments are often made to prevent disclosure of certain actions or facts that could harm the reputation or interests of the person making the payment. Hush money can be used to avoid legal consequences, lawsuits, media exposure, or reputational damage. The legality of hush money payments can vary depending on the circumstances and the laws governing such transactions.
- Andrew Weissmann is an American attorney and former lead prosecutor in Robert Mueller's Special Counsel's Office. He has a background in prosecuting high-profile organized crime cases and has held significant roles in the Department of Justice, including Chief of the Fraud Section. Weissmann is currently a professor at NYU Law School.
- Allen Weisselberg is a former chief financial officer of the Trump Organization who faced legal troubles related to tax evasion and financial misconduct. He played a significant role in the financial operations of the organization and had close ties to Donald Trump. Weisselberg's actions and legal issues have been a focal point in investigations involving the Trump Organization.
- Relevancy concerns from the judge may arise when the prosecution attempts to introduce evidence or arguments that are not directly related to the case at hand. The judge's role is to ensure that the evidence presented in court is pertinent to the legal issues being decided upon and that it does not unduly prejudice the jury or waste time. In this context, the judge may question the relevance of highlighting Allen Weisselberg's financial ties and loyalty to Trump if it does not directly support the case against the defendant.
Counterarguments
- Cohen's detailed account may be biased or self-serving, as he has personal motivations that could affect his testimony.
- The direct involvement of Trump in suppressing negative stories and hush money payments, as stated by Cohen, needs to be proven beyond reasonable doubt and not just taken at face value.
- The strategic corroboration by the prosecution could be seen as cherry-picking evidence that supports their narrative while potentially ignoring exculpatory evidence.
- The use of leading questions by Prosecutor Susan Hoffinger could be criticized for potentially coaching the witness or shaping the testimony.
- Andrew Weissmann's praise for the prosecution's strategy might not take into account the full context of the trial or the defense's perspective.
- Cohen's loyalty and desire for Trump's approval could be interpreted as a normal employee-employer relationship, and his actions might not necessarily be due to a desire for approval but rather professional obligations.
- The motivation to lie and mitigate unfavorable press could be argued as a common practice in crisis management, not necessarily indicative of illegal or unethical behavior.
- Cohen's cooperation after losing Trump's approval could be questioned as to whether it was truly for ethical reasons or if it was a strategic move to reduce potential legal consequences for himself.
- The defense's aim to undermine Cohen's credibility is a standard legal strategy and could reveal legitimate concerns about his reliability as a witness.
- Portraying Cohen as self-interested or vengeful could be substantiated if evidence suggests that his testimony is influenced by personal grievances.
- The absence of Allen Weisselberg as a witness could be due to a variety of reasons, and not necessarily indicative of a weakness in the prosecution's case.
- Highlighting Weisselberg's financial ties and loyalty to Trump may not be relevant to the specific charges and could be seen as an attempt to prejudice the jury.
- Relevancy concerns from the judge regarding the prosecution's approach are a legitimate part of ensuring a fair trial and protecting the rights of the accused.
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Substance and details of Michael Cohen's testimony, including corroborating evidence
The article reviews the substance and supporting details of Michael Cohen's testimony concerning his interactions with Donald Trump, as well as corroborating evidence presented during the proceedings.
Cohen recounted key events and conversations with Trump in a smooth, coherent manner
Michael Cohen's testimony provided a detailed account of his interactions with Donald Trump, indicating that every critical decision and action was confirmed or directed by Trump with expressions like "thanks, get it done" or "move forward."
Prosecution strategically presented corroborating evidence like phone records and emails alongside Cohen's testimony to bolster credibility
During the testimony, the prosecution strategically corroborated Cohen's claims with technical witnesses and hard evidence. Witnesses from telecommunications companies like AT&T and Verizon detailed record-keeping practices, while a forensic expert discussed data extraction from Cohen's cell phones. To back Cohen's testimony about calls with Trump, Ellen Weisselberg, and others, the prosecution displayed phone records showing corresponding dates, times, and numbers. Text messages were also presented as tangible proof of Cohen's statements, systematically boosting Cohen's credibility.
Cohen's testimony provided further details on Trump's involvement in hush money payments and efforts to conceal them
Cohen explained that Trump directed him to collaborate with Allen Weisselberg to structure the payment to Stormy Daniels, and described dealings with David Pecker around the time the Access Hollywood tape surfaced, including lengthy calls with Trump that were supported by phone records.
Cohen revealed how Trump and AMI worked together to suppress negative stories through "catch and kill" arrangements
Cohen and David Pecker engaged not only in a "catch and kill" scheme but also in disseminating false stories, with Cohen approving headlines and content before publication by the National Enquirer. Part of the secret scheme involved payments and repayments, such as the conversation Cohen recounted with T ...
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Substance and details of Michael Cohen's testimony, including corroborating evidence
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Clarifications
- "Catch and kill" arrangements involve a media company acquiring the rights to a story with the intention of never publishing it, effectively burying the information. This practice is often used to suppress negative or damaging stories about individuals, such as public figures, by preventing the information from reaching the public eye. The company "catches" the story by buying it from the source and then "kills" it by ensuring it never sees the light of day through publication. This strategy can be employed to protect the reputation of certain individuals or to manipulate public perception by controlling the narrative.
- AMI stands for American Media, Inc., a media company known for publications like the National Enquirer. In the context of the text, AMI worked with Michael Cohen and others to suppress negative stories about Donald Trump through tactics like "catch and kill" arrangements and disseminating false narratives. They were involved in efforts to control the release of information that could potentially harm Trump's reputation or political prospects.
- An NDA, or Non-Disclosure Agreement, is a legal contract that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes but restrict access to or by third parties. It is commonly used to protect sensitive information, trade secrets, or proprietary business information from being disclosed to unauthorized individuals or entities. Violating an NDA can lead to legal consequences, including financial penalties or injunctions. NDAs are often used in business dealings, employment contracts, partnerships, or during negotiations where confidential information needs to be shared.
- Signal is a secure messaging app known for its end-to-end encryption, which means only the sender and recipient can access the content of the messages. This encryption ensures that even the service provider cannot read the messages. Signal is favored by individuals and groups seeking privacy and security in their communications. It is often used by those who prioritize confidentiality and protection of their conversations from unauthorized access.
- Allen Weisselberg is an American businessman who previously served as the chief financial officer of the Trump Organization. He has been involved in legal issues related to tax evasion and financial misconduct. Weisselberg's role in financial matters within the Trump Organization has been a subject of scrutiny and legal proceedings.
- David Pecker is an American publishing executive who was the CEO of American Media until August 2020. He gained attention for his involvement in a controversial practice known as "catch and kill," where his company would purchase rights to stories to prevent their publication, particularly stories that could be damaging to Donald Trump. Pecker was the publisher of several well-known magazines, including the National Enquirer, and his actions in relation to suppressing certain stories have been scrutinized in the media.
- The National Enquirer, a tabloid publication, was involved in a scheme with Michael Cohen and David Pecker to suppress negative stories about Donald Trump through tactics ...
Counterarguments
- Cohen's credibility has been questioned in the past due to his conviction for lying to Congress, which could cast doubt on the veracity of his testimony.
- The use of phone records and emails as corroborating evidence does not necessarily prove the intent behind the communications or the context in which they were made.
- The "catch and kill" practice, while ethically questionable, is not illegal in itself, and its characterization as a tool for defrauding the electorate could be seen as a subjective interpretation.
- The testimony relies heavily on Cohen's personal recollections and interpretations, which could be biased or self-serving.
- The effectiveness of the prosecution's strategy in presenting corroborating evidence is subject to the interpretation of the jury or judge and may not be as conclusive as the article suggests.
- The implication that actions were aimed at defrau ...
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Presentation and strategy of the prosecution's case, including the use of leading questions
Andrew Weissmann analyzes Susan Hoffinger's strategic approach during Michael Cohen's direct examination, including her utilization of leading questions and the overall presentation of the prosecution's case.
Prosecutor Hoffinger utilized a significant number of leading questions during Cohen's direct examination
Susan Hoffinger was observed to use a structured approach while questioning Michael Cohen, often reminding him to keep his answers brief. This strategy maintained control of the testimony and prevented Cohen from going off-topic. An example of a leading question is "And is it fair to say, blah, blah, blah," whereas a non-leading question may sound like, "What happened next?" The use of leading questions provided necessary structure to a witness who might have needed it.
Weissmann, however, raises concerns that the extensive use of leading questions could impact the credibility of the witness since the jury hears less of the story in the witness's own voice. This method might make the testimony appear disjointed and may risk not allowing Cohen to fully elaborate in his own words.
Prosecution's overall case presentation and order of proof was strategically sound, building a compelling narrative through corroborating witnesses and evidence
Weissmann praises the prosecution's strategy of presenting corroborating evidence such as phone records alongside Cohen's testimony. This tactic functioned like a "mini summation" and was an intriguing choice compared to the typical appro ...
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Presentation and strategy of the prosecution's case, including the use of leading questions
Additional Materials
Clarifications
- Andrew Weissmann is a former federal prosecutor known for his role as the Chief of the Fraud Section in the U.S. Department of Justice. Susan Hoffinger is a fictional character created for the purpose of analyzing a hypothetical legal scenario involving a prosecution's strategy during a trial.
- In a legal setting, leading questions are queries that suggest a particular answer or contain information that guides the witness. They are often used to control the direction of testimony and elicit specific responses. However, their extensive use can impact the credibility of the witness by potentially limiting their ability to provide a full, unbiased account in their own words. This method can influence how the jury perceives the witness's testimony and the overall narrative presented during a trial.
- Corroborating evidence in a legal case is additional evidence that supports or confirms the testimony or claims made by a witness. It helps strengthen the credibility of the witness's statements by providing independent verification. Corroborating evidence can come in various forms, such as documents, physical evidence, or testimony from other witnesses. Its role is to bolster the main evidence presented and enhance the overall persuasive ...
Counterarguments
- Leading questions, while providing structure, can be seen as leading the witness and potentially shaping their testimony, which could be argued as unfair or suggestive.
- The credibility of a witness is not solely determined by the use of leading questions; jurors may consider the consistency and plausibility of the testimony, as well as the demeanor of the witness.
- A witness's own narrative can sometimes be confusing or less focused, which might necessitate more direct guidance from the prosecutor to ensure clarity and relevance.
- Presenting evidence alongside witness testimony could potentially bias the jury by creating a stronger association between the testimony and the evidence than is warranted.
- The characterization of the prosecution's approach as "perfect" and "masterful" is subjective and could be seen as overlooking potential flaws or ethical considerations in the strategy.
- The strategic presentation of the case, while compelling, may not account for all possible interpretations of the ev ...
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Cohen's relationship and interactions with Donald Trump, including his loyalty and desire for approval
Michael Cohen's relationship with Donald Trump was marked by intense loyalty and a strong desire for approval, demonstrating the complex emotional dynamics between the two.
Cohen's deep-seated loyalty and desire for Trump's approval
Cohen felt an enormous loyalty to Donald Trump, which was evident in his actions and emotions.
Michael Cohen's loyalty to Donald Trump was not just a professional commitment but a deeply personal one. Cohen yearned for recognition and praise from Trump, with feelings of being "on top of the world" when he received Trump's commendations. His loyalty was tested when he felt sidelined, such as when his bonus was cut or when he did not receive an invitation to Washington, D.C. His disappointment extended into his professional aspirations, expressing discontent at not being publicly considered for the White House chief of staff position, a role he coveted largely for the esteem it would grant him.
Throughout his time working for Trump, Cohen idolized his boss and sought to protect him by handling sensitive matters. His role as Trump's personal attorney and special counsel, separate from the Trump organization's general counsel's office, emphasized his direct connection to Trump. This connection was further exemplified by Cohen's actions which included lying, bullying, and threatening legal action to mitigate unfavorable press against Trump. He often reported back to Trump to show that he had resolved issues and to bask in the approval of his boss.
Andrew Weissmann contributes to this narrative by comparing Cohen's desire for Trump's approval to that of a child seeking validation from a parent. This comparison depicts Cohen's immense yearning for affirmation and recognition from Trump. In Weissmann's view, Cohen experienced significant emotional hurt when this approval was withheld.
The complicated nature of Cohen's protection of Trump
Cohen's actions suggest mixed motivations.
Cohen’s approach to protecting Trump was multifaceted. On one hand, his motives seemed somewhat transactional, with each action taken being for "the benefit of Mr. Trump," as Cohen himself put it. On the other hand, Cohen's measures, such as making payments out of his own account after taking a home equity line of credit, indicated a willingness to go to great lengths for Trump's benefit, often at a significant personal cost.
Moreover, Cohen admitted to recording conversations with Trump, which although was intended to hel ...
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Cohen's relationship and interactions with Donald Trump, including his loyalty and desire for approval
Additional Materials
Clarifications
- Andrew Weissmann is a former federal prosecutor who played a key role in the investigation led by Robert Mueller into Russian interference in the 2016 U.S. presidential election. Weissmann's insights into Michael Cohen's relationship with Donald Trump provide a perspective on the emotional dynamics at play, particularly highlighting Cohen's deep desire for approval from Trump. Weissmann's comparison of Cohen's behavior to that of a child seeking validation from a parent underscores the psychological complexities of their interactions.
- Michael Cohen expressed discontent at not being publicly considered for the White House chief of staff position under Donald Trump. This role is one of the most senior positions in the White House, responsible for managing the President's schedule, overseeing staff, and acting as a key advisor. Cohen's desire for this role reflects his aspirations for a prestigious and influential position within the Trump administration. His disappointment at not being considered showcases his ambition and the importance he placed on gaining recognition and status within the political sphere.
- Michael Cohen's actions of lying, bullying, and threatening legal action to protect Trump were part of his strategy to shield Trump from negative publicity or legal consequences. Cohen believed that by employing these tactics, he could safeguard Trump's reputation and interests, even if it meant engaging in controversial or aggressive behavior. These actions were driven by Cohen's deep loyalty to Trump and his desire to maintain a favorable image of his boss, often at the expense of his own reputation and well-being. Cohen saw these actions as necessary steps to demonstrate his unwavering commitment to Trump and to ...
Counterarguments
- Cohen's loyalty to Trump could be seen as a professional obligation rather than a personal allegiance.
- The desire for approval from a superior is common in professional environments and may not necessarily indicate a deeper emotional connection.
- Feeling sidelined or undervalued is a common workplace issue and might not be unique to Cohen's relationship with Trump.
- Cohen's actions to protect Trump could be interpreted as fulfilling the duties of his role as a personal attorney rather than idolization.
- The use of aggressive tactics like lying and bullying could be viewed as unethical legal practice rather than loyalty.
- Recording conversations without a client's knowledge could be seen as a breach of attorney-cl ...
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Upcoming challenges and issues in the trial, such as cross-examination and summation
As the trial progresses, key challenges and issues are emerging, particularly around the testimony of Michael Cohen and the absence of Allen Weisselberg as a witness. The defense and prosecution strategies concerning these aspects could significantly influence the trial's outcome.
Cross-examination of Cohen by Trump's defense is expected to be a major focus this week, seeking to undermine his credibility
The trial has concluded the direct examination of Michael Cohen, and the defense attorney Todd Blanch is set to begin cross-examination. This part of the trial is critical for testing the credibility of Cohen's earlier testimony and is expected to be the focus for the entirety of the week, despite a shortened trial duration due to scheduling considerations.
Defense may attempt to portray Cohen as acting out of self-interest and a desire for revenge
The defense is anticipated to challenge Cohen's motives by suggesting that his actions, including recording conversations with Trump and making hush money payments, were fueled by self-interest, revenge, or idolization of Trump. Moreover, the defense may leverage the complexity of Cohen's relationship with Trump, characterized by feelings of betrayal, to paint a portrait of vindictiveness.
Unresolved issues around Allen Weisselberg's absence as a witness and the reason behind it could become a point of contention
Allen Weisselberg's absence from the witness stand raises questions. As the chief financial officer of the Trump Organization, Weisselberg's testimony could have been crucial, but his current sentence at Rikers Island has made him unavailable. The jury is unaware of the details surrounding his absence, and it remains uncertain if they will learn of his financial relationship and loyalty to Trump.
Prosecution may seek to highlight Weisselberg's financial ties and loyalty to Trump as relevant, but faces challenges in doing so
The p ...
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Upcoming challenges and issues in the trial, such as cross-examination and summation
Additional Materials
Clarifications
- Michael Cohen was a former lawyer for Donald Trump who became a key witness in legal proceedings against Trump. Allen Weisselberg was the chief financial officer of the Trump Organization and had close ties to Trump's financial dealings. Both individuals played significant roles in the events leading up to the trial, with Cohen providing testimony and Weisselberg's absence as a witness raising questions about the trial's proceedings.
- Direct examination is when an attorney questions their own witness to elicit testimony supporting their case. Cross-examination is when the opposing party's attorney questions the witness to challenge their credibility or the truthfulness of their testimony. These are standard procedures in a trial where witnesses provide evidence under oath. The goal of cross-examination is to test the witness's credibility and the reliability of their statements.
- Michael Cohen was a former personal attorney for Donald Trump, known for his loyalty to Trump before their relationship soured. Allen Weisselber ...
Counterarguments
- The defense's strategy to undermine Cohen's credibility could be seen as a legitimate legal tactic to ensure that the jury receives a full picture of the witness's reliability and potential biases.
- Portraying Cohen as acting out of self-interest and revenge could be countered by arguing that personal motivations do not necessarily invalidate the truthfulness of his testimony.
- The absence of Allen Weisselberg as a witness might be due to legitimate legal reasons that do not necessarily reflect on the substance of the case or the prosecution's willingness to present a full picture.
- The relevance of Weisselberg's financial ties and loyalty to Trump could be challenged by arguing that without direct evidence linking these aspects to the case, they may not be pertinent to the charges at hand.
- The jury's lack of awareness about Weisselberg's absence could be defended on the grounds that such information might be prejudicial or irrele ...
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1-Page Summary- Substance and details of Michael Cohen's testimony, including corroborating evidence
- Presentation and strategy of the prosecution's case, including the use of leading questions
- Cohen's relationship and interactions with Donald Trump, including his loyalty and desire for approval
- Upcoming challenges and issues in the trial, such as cross-examination and summation
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