Week 4 of testimony in Donald Trump's first criminal trial (of 4) started off with the most anticipated - and volatile - witness: Michael Cohen. Fully prepared and clearly ready for the day, Cohen was cool, calm and collected, delivering devastating testimony that rebuts most, if not all, of Donald Trump's defenses. He methodically laid out a narrative, in chronological order, complete with documents, texts and even recordings of Trump himself.
Ok, before I start summarizing the day, let me start by saying there was A LOT of information. I am going to try to hit the high notes, but I fear I will not get everything. I am going to set the scene.
As Michael Cohen took the stand, reports are that Trump was sitting with his eyes closed. Self soothing is my guess. Not sleeping. Cohen is asked to identify Trump - he does.
The prosecutor, Susan Hoffinger, walks Cohen through a bit of historical information about himself. His life, his family, college, professional career. Standard stuff. Ironically, Cohen shares that he really didn't want to be a lawyer. Rather, he wanted to work on Wall Street. His grandmother told him "that's not going to happen" and Trump's fixer was born. He started working for Donald Trump in 2007 making about a half million a year.
Cohen talks about how he was the lawyer who did the shady stuff, negotiated lower payments to vendors, helped shape media reports about Trump more favorably, acted as his personal "fixer" for all problems that a reputable lawyer could not do.
When asked how often he spoke with Trump he said "Every single day, and multiple times a day", adding that Trump had an "open-door policy" which meant he could walk in anytime he wanted. Supporting a widely known fact about Trump, Cohen shared that Trump "never had an email address" because he felt that “emails are like written papers, and he knows too many people who have gone down from using emails that prosecutors can use.”
Fact check: TRUE
Cohen talked about how he was proud to work for Donald Trump. The prosecutor asked Cohen if he lied to help Trump. He responded: "I did. It's what was needed to accomplish the task. The only thing that was on my mind was to accomplish the task to make him happy."
In an interesting twist, Cohen said that he knew David Pecker before he knew Donald Trump. They had mutual friends. After laying the groundwork about David Pecker and AMI, the prosecutor asked a key question: Did AMI ever get paid to suppress stories about Donald Trump before 2015 (ie, before he announced that he was running for President)? Cohen answered NO.
Digging deeper, the prosecutor asked Cohen about concerns Trump had. He told Cohen: "You know that when this comes out — meaning the announcement — just be prepared, there’s going to be a lot of women coming forward.”
Uh oh.
Shocking no one, Cohen explained how David Pecker and AMI gave Cohen and Trump previews of negative stories they were planning to run about Trump's opponents, including Hillary Clinton and Ted Cruz. They knew and coordinated. In addition, the National Enquirer intentionally wrote glowing pieces about Trump AND kept an eye out for anything negative about Trump. They worked to actively STOP negative stories from coming out. Sleazy to the max.
They talked about the doorman story, which led to a 30k payout. Then Karen McDougal and her payout. When recounting that story, Cohen said he asked Trump if he knew McDougal and Trump responded: "She’s really beautiful." Cohen told me about a story that was being shopped and Trump allegedly asked him to make sure the story was killed and didn't get released. You know, like a fixer.
Catch-and-kill was engaged. Cohen told prosecutors that Pecker said it would cost $150K "to control the story" leading Trump to reply "No problem; I'll take care of it." AMI paid the hush money and Trump was supposed to pay them back somehow.
It was then that Cohen played a tape for the court of Trump talking about purchasing McDougal's story. For good. This was recorded in September of 2016.
COHEN: Told you about Charleston. I need to open up a company for the transfer of all of that info regarding our friend, David, you know, so that — I’m going to do that right away Give it to me and get me a ...
(Cohen talks about speaking to Allen Weisselberg "about how to set the whole thing up with funding.")
TRUMP: So, what do we got to pay for this? One-fifty?
COHEN: Yes, and it's all the stuff All the stuff. Because ... here, you never know where that company, you never know what he's —
TRUMP: Maybe he gets hit by a truck.
COHEN: Correct. So, I’m all over that. And I spoke to Allen about it, when it comes time for the financing, which will be —
TRUMP: Listen, what financing?
COHEN: We'll have to pay him something
TRUMP: Pay with cash.
COHEN: No, no, no, no, no, I got it.
TRUMP: Check.
More evidence. Cohen was shown an invoice from Investment Advisory Services for $125,000 for an "agreed upon 'flat fee' for advisory services." This was actually for Karen McDougal's life rights. Not advisory services.
Enter, the Access Hollywood tape. Again. And some news on that: apparently it was MELANIA who suggested it be called "locker room talk."
Ok, guys. We have made it to Stormy Daniels. The prosecutor asked Cohen about what impact he thought the Stormy Daniels story would have on the campaign, if it became public. Cohen responded: "catastrophic" and "horrible for the campaign." Not for Trump's FAMILY or his MARRIAGE. For his campaign.
Cohen testified that he spoke with the attorney for McDougal and Daniels' attorney Keith Davidson, in October 2016. He reviewed text messages between them and confirmed that they were about Trump wanting to buy the "life rights" to Stormy Daniels. Exactly like he had done with Karen McDougal.
GUYS. This is it. THIS IS THE EXCHANGE THAT WE WERE WAITING FOR. We are IN THE ROOM. God, I wish there was audio. Or video. Or something.
Cohen says that Trump told him "I thought you took care of this...,I thought this was under control" when talking about the Stormy Daniels story coming out just weeks before the election. Trump then told him "Just take care of it”...This is a disaster, a total disaster...Women will hate me. Guys will think it’s cool, but this is going to be a disaster for the campaign."
FOR THE CAMPAIGN. Trump knew and wanted to SHUT IT DOWN. Nothing to do with Melania.
LUNCH BREAK!
BACK FROM LUNCH!
Then we get to Cohen testifying that Trump told him to DELAY the payment to Stormy Daniels as long as possible because after the election, it would not matter.
THERE IT IS AGAIN.
The delay meant that Stormy was doing to share her story.
Putting Trump right in the room and right in the middle of this payoff to affect the election. You know, election interference.
Now we get to the bank account that Cohen opened at First Republic Bank called Essential Consultants LLC. The form does not disclose the true reason for opening the account. He admits that the form was written "to hide the intent of the reason for opening Essential Consultants, which [was] to pay for a non-disclosure agreement."
Asked if he would have made the $130k payment himself without getting "sign-off" from Trump, Cohen said: "No," Cohen said...Because everything required Mr. Trump's sign-off...I wanted the money back."
Michael Cohen's first day of testimony was critical. Cohen could not only corroborate documents, but he could place Trump in the room during critical conversations and bring him into the conversations that are at the center of this case.
Back to the case. We know what happened next. Trump was elected. And Michael Cohen was out of a job. He said: “My service was no longer necessary as I was special counsel to Mr. Trump, and he was president-elect." Cohen was not offered a job in the administration.
Cohen then talked about those secret payment to reimburse him. He testified that he and Weisselberg spoke with Trump and decided to pay him in monthly payments versus one lump sum. The conversation happened in Trump's office. They agreed that he would paid in 12 monthly installments of $35k a month. Grand total: $420k.
Michael Cohen was also named as Trump's "personal attorney."
AND...scene. Michael Cohen ended a very long day on the stand. He will be back tomorrow, and so will I (with my summary!).
