Michael Cohen, Donald Trump's former personal attorney, is set to take the stand as the prosecution's star witness in the former president's Manhattan criminal trial. However, Cohen's rogue behavior and criminal record have raised concerns about his credibility and reliability as a witness.
Cohen made the hush money payment at the center of the case, which the prosecution alleges was fraudulently reimbursed by Trump. He could provide essential testimony for prosecutors, but his actions outside the courtroom have been problematic. Cohen has mocked Trump on social media, posted memes showing Trump in prison uniform, and joked about Trump being incarcerated.
Cohen's behavior has opened the door for Trump's defense to cast doubt on his credibility. Lance Fletcher, a former Manhattan prosecutor, described Cohen as a "real headache" and said, "He's doing everything as a prosecutor you don't want your witness to do. He's got all sorts of credibility problems."
Cohen pleaded guilty to eight felony counts in 2018, including tax offenses, fraud, and campaign finance violations. He also pleaded guilty to lying to Congress, which Trump's attorneys have brought up in this trial and a separate civil case.
Trump is charged with 34 counts of falsifying business records for allegedly reimbursing Cohen for making a $130,000 hush money payment to adult film star Stormy Daniels and trying to disguise records of the payment as legal expenses. Trump has pleaded not guilty and denied having an affair.
Todd Blanche, Trump's lead attorney, tried to undercut Cohen as a witness in his opening statement, saying Cohen remained "obsessed" with Trump and "rants and raves" about the former president. Blanche and his colleagues could bring up Cohen's previous comments while he's on the stand and question his motivation for providing damaging testimony against Trump.
Cohen's testimony is crucial for the prosecution, but his flaws as a witness are evident. Manhattan District Attorney Alvin Bragg's team must "go through every single thing that Michael Cohen has to say" and offer corroborating evidence to convince the jury, according to former New York State Acting Supreme Court Justice Diane Kiesel.
Prosecutors have acknowledged Cohen's flaws to jurors and introduced a paper trail of texts, emails, phone calls, bank records, and legal contacts Cohen left as he brokered payouts to Daniels and another woman, Playboy model Karen McDougal, in exchange for their silence.
However, prosecutors cannot control Cohen's behavior outside the courtroom. On April 24, Cohen announced that he would impose a gag order on himself, but it remains to be seen if he will keep his word.
The district attorney's office did not return a request for comment. Cohen's attorney declined to comment for this story.
In the end, Cohen's testimony could make or break Trump's criminal trial. His credibility and reliability as a witness are crucial, but his rogue behavior and criminal record have raised concerns. The prosecution must navigate these challenges to build a strong case against Trump.
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