CNN legal analyst Michael Moore predicted Tuesday that former President Donald Trump's former lawyer, Michael Cohen, who secretly taped his former boss, would be against him.
Cohen made one recording of a discussion with Trump about possibly buying the rights to a story involving the Playboy model Karen McDougal, who alleges that she and the former president had an affair. Moore said the tape contradicts Cohen's testimony that he did not withhold information from Trump and that the defense will use it to attack Cohen.
“One of the things that you put out, one of the quotes from the witness, was that Cohen told the prosecutor that he told Trump everything because he had to know and he wanted to know, but he told him everything,” he said. said Moore. . “But he's lying to the jury in that statement. He didn't tell her everything. And we know that because he taped him. He taped his client, he taped his friend, he taped his mentor and he didn't tell her. And so that's going to come back to bite him, I think, at the end of the day. So I think you're going to see the defense make a big push on that.”
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“The idea that Trump knew about the payments is not illegal to pay somebody. The idea that he signed some checks, that's not illegal what we're talking about here. What's illegal, what they have to prove , is that he did it specifically with the intention of committing another crime,” Moore added. “And I think those are the brave ones who haven't gotten over it yet. I mean, they could talk well, I didn't want people to know, if it's Melania, if it's the voters. I didn't want anyone to know, but they have to show that it's going do all that with the intent to commit a crime. And I think you're going to see the defense dig into that a lot.”
The prosecution uses the recording as a tests against the former president. The trial is about the alleged falsification of business records related to Trump's reimbursement Cohen for $130,000 paid to the porn star Stormy Daniels.
“And I also think the defense is going to really push him on this idea that the only witness they have to Trump's state of mind, his intent, the purpose behind all of this is Michael Cohen, somebody who I think we would agree is quite vulnerable to his credibility,” Moore continued. “And you're going to hear this litany of a story about what he hasn't been truthful in the past. And again, what he probably hasn't been truthful right here, today, in front of this jury, so they're going to say, he didn't just lie in government, he didn't just lie to Congress, he didn't just lie to his wife … he lied to Trump, he lied to you.”
Jury consultant Carolyn Koch recently affirmed that the jury will likely be “blown away” by Cohen's lack of “credibility” and his alleged evidence against his former boss, since the tape does not contain the full conversation between them.
“Well, the audio is good,” Koch said. “And the audio is like a document. But the jurors will respond to the case like a jigsaw puzzle. So there are pieces of the puzzle and I use the analogy like a Jenga, a Jenga tower; the audio is an unfinished conversation and there there's a big difference between contemplation and consummation. And so, like, I always think about … you learn it in law school, it's unjust enrichment.”
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