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The Make-or-Break Testimony of Michael Cohen

By The New York Times

Michael Cohen's journey from being Donald Trump's loyal "fixer" to cooperating with prosecutors forms the heart of this podcast episode. It delves into the disintegration of Cohen's relationship with Trump, who he had idolized, and the circumstances surrounding the hush money payment to Stormy Daniels—a pivotal event leading to Cohen's disillusionment and eventual cooperation with investigators.

The episode also examines the prosecution's strategy of portraying Cohen's change of heart as sincere and the defense's efforts to discredit him as vengeful. While Cohen's credibility remained intact, the summary suggests the trial could still witness further attempts to undermine his testimony.

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The Make-or-Break Testimony of Michael Cohen

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The Make-or-Break Testimony of Michael Cohen

1-Page Summary

Michael Cohen's Intertwined History with Trump

Michael Cohen fashioned himself after Donald Trump, the embodiment of wealth and power he idolized. As Trump's "fixer," Cohen aggressively handled Trump's affairs, from negotiating down bills to confronting journalists. He craved Trump's approval for his actions, according to Jonah Bromwich.

The Stormy Daniels Hush Money Payment

Cohen testified that Trump referred to the Access Hollywood tape as "a disaster" that could damage him with women voters. Trump's advisers warned paying Daniels was crucial, so Trump instructed Cohen: "Just do it. Just pay her."

Cohen used a home equity line of credit to fund the $130,000 payment to suppress Daniels's story of an affair with Trump. Trump later reimbursed Cohen through the Trump Organization, arranging for checks - one of the first instances of false documentation leading to charges.

Cohen's Disillusionment and Cooperation With Prosecutors

After being denied a White House role and receiving only a small bonus despite the $130,000 payment, Cohen became disillusioned with Trump, whom he felt abandoned him as legal troubles mounted, per Bromwich.

Cohen declared being "done with the lying" and "done being loyal" to Trump. He started accusing Trump publicly, calling him a "con man," signaling a break to expose alleged wrongdoing.

Prosecution's Use of Cohen as a Witness

Prosecutors acknowledged Cohen's history as a "bully" and liar for Trump, portraying his change of heart as sincere. The defense attacked Cohen's credibility, highlighting his insults and volatility to frame him as vengeful.

Blanche's cross-examination left Cohen's credibility intact, in Barbaro's view, though Bromwich notes the defense still has time to regroup with a more coherent discrediting strategy.

1-Page Summary

Additional Materials

Clarifications

  • Michael Cohen served as Donald Trump's "fixer," a role where he handled various sensitive and often controversial matters for Trump. This included tasks like negotiating deals, managing disputes, and sometimes dealing with legal issues on Trump's behalf. Cohen was known for his loyalty and willingness to take on challenging and sometimes ethically questionable tasks to protect Trump's interests. The term "fixer" generally implies someone who works behind the scenes to solve problems, often using unconventional or aggressive methods.
  • The Access Hollywood tape incident involved a recording from 2005 where Donald Trump made lewd comments about women. This tape resurfaced during the 2016 presidential campaign, causing significant controversy. Trump's remarks on the tape were widely criticized and led to a public backlash. The incident played a role in shaping public perception of Trump's character and behavior.
  • Michael Cohen, Trump's former lawyer, paid $130,000 to adult film actress Stormy Daniels to keep quiet about her alleged affair with Trump. Cohen used his own funds initially, but Trump later reimbursed him through the Trump Organization. This payment was a key part of the legal issues surrounding Cohen and Trump, leading to accusations of campaign finance violations.
  • Cohen became disillusioned with Trump after being denied a White House role and feeling abandoned as legal troubles escalated. He felt unappreciated when he received only a small bonus despite his efforts to handle the Stormy Daniels payment. This lack of recognition and support from Trump led Cohen to break his loyalty and publicly accuse Trump of wrongdoing.
  • Cohen cooperated with prosecutors by providing information and testimony against Trump. Prosecutors viewed his change of heart as genuine, despite his past loyalty to Trump. The defense tried to undermine Cohen's credibility by highlighting his past actions and character. Cohen's cooperation was a significant factor in the legal proceedings against Trump.
  • The prosecution portrayed Michael Cohen as a former loyalist to Trump who had transformed into a credible witness against him. They emphasized Cohen's change of heart as genuine, despite his past actions on behalf of Trump. The defense attempted to undermine Cohen's credibility by highlighting his history of aggressive behavior and dishonesty in service to Trump. Despite these efforts, Cohen's testimony was considered credible by the prosecution.

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The Make-or-Break Testimony of Michael Cohen

Cohen's history and relationship with Trump

Michael Cohen's career was deeply intertwined with Donald Trump, a relationship that defined his professional identity and actions.

Cohen idolized Trump and fashioned himself in Trump's image

Cohen saw Trump as the epitome of wealth and power, and he aspired to become a part of the aggressive money-making world of the 1980s, which he associated with Trump. In an attempt to emulate and align himself with Trump, Cohen began purchasing properties within Trump’s buildings. His actions caught Trump’s eye, leading to Trump personally asking Cohen to leave his then-current law firm.

Cohen became Trump's personal "fixer" and troubleshooter

When Cohen was recruited to work for the Trump Organization, he became deeply involved in Trump's personal and professional affairs. As Trump's "fixer," he was known to have engaged in aggressive tactics, such as negotiating down Trump’s bills by telling v ...

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Cohen's history and relationship with Trump

Additional Materials

Clarifications

  • Michael Cohen had a close professional relationship with Donald Trump, serving as his personal lawyer and "fixer." Cohen admired Trump's success and actively sought to emulate him, eventually becoming deeply involved in Trump's personal and business matters. Cohen's role as Trump's fixer involved handling sensitive issues and using aggressive tactics to protect Trump's interests. Their relationship was characterized by loyalty and a shared pursuit of wealth and power.
  • The 1980s were marked by a culture of excess and wealth accumulation, epitomized by figures like Donald Trump. This era saw a focus on aggressive business tactics, high-stakes deal-making, and a booming real estate market. Trump's rise to prominence during this time was characterized by his flamboyant lifestyle, bold investments, and larger-than-life persona. The competitive nature of the business landscape in the 1980s encouraged individuals like Michael Cohen to pursue success through assertive and sometimes controversial means.
  • Michael Cohen served as Donald Trump's personal "fixer" and troubleshooter, handling various sensitive matters for Trump. This included tasks such as negotiating deals, handling legal issues, and managing potentially damaging situations. Cohen's role extended beyond traditional legal work to include activities aimed at protecting Trump's reputation and interests, often involving aggressive tactics and strategies. Cohen's loyalty and dedication to Trump in this capacity were notable, as he took pride in his role as Trump's confidant and problem-solver.
  • Cohen, as Trump's "fixer," used aggressive tactics like negotiating down bills and confronting journalists to protect Trump's interests. He would pressure vendors ...

Counterarguments

  • Cohen's admiration for Trump could be seen as a professional alignment rather than personal idolization, which is common in business relationships.
  • Purchasing properties within Trump's buildings could be a strategic investment decision rather than solely an attempt to align with Trump.
  • It is possible that Cohen's decision to leave his law firm for the Trump Organization was based on career advancement opportunities rather than personal recruitment by Trump.
  • The term "fixer" has a negative connotation, but Cohen's role could also be interpreted as that of a loyal and dedicated legal counsel acting within the bounds of the law.
  • Negot ...

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The Make-or-Break Testimony of Michael Cohen

Cohen's testimony about the hush money payment and Trump's involvement

During his testimony, Michael Cohen, President Donald Trump's former attorney, detailed the circumstances surrounding the hush money payment to adult film actress Stormy Daniels and Trump's personal involvement in the matter.

Cohen claims Trump reacted with alarm to the Access Hollywood tape scandal

Cohen testified that Trump referred to the Access Hollywood tape as "a disaster" and expressed concern that it would make him unpopular with female voters. Trump's advisers warned him that failing to pay Daniels could endanger his election chances. As a result, Trump instructed Cohen to handle the situation, saying, "Just do it. Just pay her."

Trump worried the tape would damage him with women voters

The Access Hollywood tape, which featured Trump making lewd remarks about women, was perceived by Trump as a significant threat to his campaign. This prompted the urgent direction to Cohen to ensure Daniels's silence.

Trump directed Cohen to pay Stormly Daniels to suppress the story

In light of the pressure to prevent any negative impact on the campaign, Trump directed Cohen to move forward with payment to Daniels. Cohen had strung Daniels's team along, even using holidays such as Yom Kippur as a pretext for delays, but awaited final approval from Trump before completing the transaction.

Cohen personally funded the $130,000 hush money payment

Cohen turned to his own assets in order to arrange the payment to Daniels, utilizing a home equity line of credit to fund the $130,000. This payment was intended to suppress Daniels's story of an affair with Trump. Cohen's role as Trump's fixer became a focal point of the ensuing legal scrutiny.

Cohen used a home equity line of credit to make the payment

Specifically, Cohen took out a home equity line of credit to access the necessary funds, indicating a personal financi ...

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Cohen's testimony about the hush money payment and Trump's involvement

Additional Materials

Clarifications

  • The Access Hollywood tape scandal involved a recording from 2005 where Donald Trump made lewd comments about women. The tape was released during the 2016 presidential campaign, causing significant controversy. Trump's remarks on the tape led to widespread criticism and raised concerns about his treatment of women. The scandal became a focal point in discussions about Trump's character and behavior.
  • Stormy Daniels, whose real name is Stephanie Clifford, is an American adult film actress and director. She became embroiled in a legal dispute with former President Donald Trump over hush money paid to keep quiet about an alleged affair they had in 2006. This payment and the subsequent legal issues surrounding it have been a significant point of contention and legal scrutiny.
  • A hush money payment is when money is given to someone to keep them from revealing certain information, often to prevent embarrassment or legal consequences. It can involve payments made to maintain silence about sensitive or damaging details. The payment is typically made to prevent disclosure of information that could harm the reputation or interests of the person making the payment. Hush money payments can sometimes be controversial and raise legal and ethical questions.
  • Michael Cohen served as a "fixer" for Donald Trump, which typically involves handling sensitive and potentially damaging matters for a client. In this context, Cohen was tasked with managing issues like the hush money payment to Stormy Daniels to protect Trump's reputation. As Trump's personal attorney, Cohen played a key role in resolving legal and personal challenges for Trump, often using his own resources to address these issues. Cohen's role as a fixer involved taking care of problems discreetly and ensuring they did not harm Trump's public image or business interests.
  • A home ...

Counterarguments

  • Trump's concern about the Access Hollywood tape could be interpreted as an awareness of the potential impact of negative media on any political campaign, not necessarily an admission of wrongdoing.
  • The urgency to address the situation with Stormy Daniels could be seen as a standard crisis management strategy rather than an admission of guilt.
  • Cohen's decision to use his own assets for the payment could be criticized as a lack of proper legal and ethical judgment, potentially bypassing campaign finance laws.
  • The reimbursement through the Trump Organization could be viewed as an inappropriate use of company resources for personal matters, raising questions about the mixing of business and personal finances.
  • The use of a home equity line of credi ...

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The Make-or-Break Testimony of Michael Cohen

The breakdown in the Cohen-Trump relationship and Cohen's decision to cooperate

The relationship between Michael Cohen and Donald Trump deteriorated significantly after the 2016 election, leading to Cohen's decision to cooperate with prosecutors and publicly denounce Trump.

Cohen became disillusioned with Trump after the 2016 election

Cohen's disillusionment with Trump began when he was denied a role within the Trump administration. His disappointment was exacerbated by the small bonus he received, especially in light of the $130,000 payment he made. These events contributed to Cohen's growing disgruntlement as he realized he would not be rewarded with a prominent position despite his loyalty and service.

Jonah Bromwich comments on Cohen's growing dissatisfaction, noting that as legal pressures mounted, Cohen felt he did not have the loyalty or support of his former boss, Trump. This sense of abandonment and lack of backing contributed significantly to Cohen's decision to change his position.

Cohen ultimately flipped and began cooperating with prosecutors

As a result of his growing disenchantment and the absence of reciprocal loyalty from Trump, Cohen ...

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The breakdown in the Cohen-Trump relationship and Cohen's decision to cooperate

Additional Materials

Clarifications

  • Michael Cohen's disillusionment with Donald Trump began after the 2016 election when he was not given a role in the Trump administration. This disappointment was compounded by a small bonus he received compared to a large payment he made, leading to growing dissatisfaction. As legal troubles mounted, Cohen felt abandoned by Trump, further fueling his disenchantment and eventual decision to cooperate with prosecutors.
  • Cohen's decision to cooperate with prosecutors stemmed from his growing disillusionment with Trump, feeling abandoned and unsupported as legal troubles mounted. This led him to a breaking point where he ...

Counterarguments

  • Cohen's disillusionment may have been influenced by personal ambitions rather than a principled stance, as he expected rewards for his loyalty.
  • Cohen's decision to cooperate with prosecutors could be seen as a strategic move to reduce potential legal consequences for himself rather than a moral awakening.
  • The notion of Cohen feeling abandoned might be contested by the argument that Trump had no obligation to support Cohen if he believed Cohen acted improperly.
  • Cohen's public accusations against Trump could be interpreted as self-serving, aiming to rehabilita ...

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The Make-or-Break Testimony of Michael Cohen

The prosecution's strategy in using Cohen as a witness and the challenges they face

Michael Cohen serves as both the prosecution’s biggest asset and liability in a trial intertwining his credibility with alleged criminality involving Donald Trump.

Prosecutors sought to establish Cohen's credibility and motivations

Prosecutors are fully aware of Michael Cohen’s tarnished reputation and are navigating his history of deceit while leveraging his inside knowledge as Trump’s former lawyer.

Cohen acknowledged his past as a "bully" and liar for Trump

In a candid display, Cohen acknowledges his past actions as "bullying" and lying for Trump. This acknowledgment is a strategic move by the prosecutors to present Cohen’s transformation as believable and to frame his history of misconduct in a light of penitence and change.

Prosecutors tried to portray Cohen's change of heart as sincere

To mitigate Cohen's past, prosecutors delve into his emotional journey, exploring the cost of his past loyalty which contradicted his moral compass and had severe personal repercussions. Through this line of questioning, they aim to demonstrate Cohen’s change of heart as sincere rather than motivated by self-interest or vengeance.

The defense attacked Cohen's credibility and portrayed him as vengeful

Meanwhile, the defense employs a starkly opposite tactic, highlighting Cohen’s volatile disposition and questionable motivations to invalidate his testimony.

The defense highlighted Cohen's insults and emotional outbursts

Todd Blanche, the defense attorney, characterizes Cohen as still harboring animosity toward Trump. By spotlighting Cohen’s emotional outbursts, particularly through a TikTok video where Cohen insulted a lawyer, Blanche underscores Cohen's propensity for being a "bully."

The defense tried to undermine Cohen's testimony with confusing lines of questioning

Blanche’s cross-examination method seems scattershot, with an array of evidence and queries that could be dubbed complex and ob ...

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The prosecution's strategy in using Cohen as a witness and the challenges they face

Additional Materials

Clarifications

  • Michael Cohen is a former lawyer for Donald Trump who has admitted to engaging in activities like making hush money payments to women who claimed affairs with Trump. Cohen pleaded guilty to charges including campaign finance violations and lying to Congress. His relationship with Trump soured after these legal issues came to light, leading to public spats and Cohen cooperating with investigations into Trump's conduct.
  • The legal term "cross-examination" is when the opposing party questions a witness to challenge their credibility or the truthfulness of their testimony. It is a crucial part of a trial where the defense can attempt t ...

Counterarguments

  • Prosecutors leveraging Cohen's inside knowledge could be seen as relying too heavily on a witness with a compromised reputation, which may not be the most robust strategy for a conviction.
  • Acknowledging Cohen's tarnished reputation might not be sufficient to overcome the jury's potential bias against him due to his past deceitful actions.
  • Cohen's admission of past bullying and lying behaviors could be interpreted as self-serving, aiming to gain leniency or favor rather than a genuine acknowledgment of wrongdoing.
  • Presenting Cohen's transformation as believable may not convince skeptics who believe that a person's fundamental character traits are less likely to change, especially under the pressure of legal proceedings.
  • Exploring the emotional cost of Cohen's past loyalty could be seen as an attempt to evoke sympathy rather than focusing on factual evidence.
  • The defense portraying Cohen as vengeful could be a valid point if they can provide evidence that his testimony is influenced by personal animosity rather than truth.
  • Highlighting Cohen's insults and emotional outbursts could be relevant to establishing a pattern of behavior that affects his reliability as a witness.
  • The defense's confusing line of questioning might be a legitimate strategy to expose inconsistencies in Cohen's testimony or to demonstrate that his narrative is not as clear-cut as the prosecution suggests.
  • The assertion that the cross-examination of Cohen did not effectively discredit him is subjective and could be challenged if the defense later pres ...

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