The star prosecution witness in Donald Trump’s hush money trial is set to enter the witness box on Monday with evidence that could help shape the outcome of the first criminal case against an American president.
Michael Cohen, Mr Trump’s former lawyer and personal fixer, is by far the Manhattan district attorney’s most important witness in the case and his expected appearance signals that the trial is entering its final stretch.
Prosecutors say they may wrap up their presentation of evidence by the end of the week.
Mr Cohen is expected to give evidence about his role in arranging hush money payments on Mr Trump’s behalf during his first presidential campaign, including to adult film actor Stormy Daniels.
Ms Daniels told jurors last week that the $130,000 (€121,000) that she received in 2016 was meant to prevent her from going public about a sexual encounter she says she had with Trump in a hotel suite a decade earlier.
Mr Cohen also matters because the reimbursements he received form the basis of the charges – 34 felony counts of falsifying business records – against Mr Trump.
Prosecutors say the reimbursements were logged as legal expenses to conceal the payments’ true purpose.
Defence lawyers have teed up a bruising cross-examination of Mr Cohen, telling jurors during opening statements that the fixer-turned-foe is an “admitted liar” with an “obsession to get President Trump”.
The evidence of a witness with such intimate knowledge of Mr Trump’s activities could heighten the legal exposure of the presumptive Republican presidential nominee if jurors deem him sufficiently credible.
But politically, prosecutors’ reliance on a witness with such a chequered past – Mr Cohen pleaded guilty to federal charges related to the payments and to lying to Congress – could be a boon for Mr Trump as he fundraises off his legal woes and paints the case as the product of a tainted criminal justice system.
Either way, his role as star prosecution witness further cements the disintegration of a mutually beneficial relationship that was once so close that Mr Cohen famously said he would “take a bullet for Trump”.
After Mr Cohen’s home and office were raided by the FBI in 2018, Mr Trump showered him with affection on social media, praising him as a “fine person with a wonderful family” and predicting – incorrectly – that Mr Cohen would not “flip”.
Months later, Mr Cohen did exactly that, pleading guilty that August to federal campaign finance charges in which he implicated Mr Trump.
By that point, the relationship was irrevocably broken, with Mr Trump posting on the social media platform then known as Twitter: “If anyone is looking for a good lawyer, I would strongly suggest that you don’t retain the services of Michael Cohen!”
Mr Cohen later admitted lying to Congress about a Moscow real estate project that he had pursued on Trump’s behalf during the heat of the 2016 Republican campaign.
He said he lied to be consistent with Mr Trump’s “political messaging”.
Prosecutors are expected to elicit detailed evidence from Mr Cohen about his past crimes in the hopes of blunting the impact of defence lawyers’ questioning and showing that they are not trying to hide his misdeeds.
But it is unclear how effective that will be, given that defence lawyers will be prepared to exploit all the challenges that accompany a witness such as Mr Cohen.
In addition to painting Mr Cohen as untrustworthy, they are also expected to cast him as vindictive, vengeful and agenda-driven.
Since their fallout, Mr Cohen has emerged as a relentless and sometimes crude critic of Mr Trump, appearing as recently as last week in a live TikTok wearing a shirt featuring a figure resembling Mr Trump with his hands cuffed, behind bars.
The judge on Friday urged prosecutors to tell him to refrain from making any more statements about the case or Mr Trump.
“He has talked extensively about his desire to see President Trump go to prison,” Mr Trump lawyer Todd Blanche said during opening statements.
“He has talked extensively about his desire to see President Trump’s family go to prison. He has talked extensively about President Trump getting convicted in this case.”
No matter how his evidence unfolds, Mr Cohen is indisputably central to the case, as evidenced by the fact that his name was mentioned in the jury’s presence during opening statements more than 130 times – more than any other person.
Other witnesses, including former National Enquirer publisher David Pecker and former Trump adviser Hope Hicks, have given evidence at length about the role Mr Cohen played in arranging to stifle stories that were feared to be harmful to Mr Trump’s 2016 candidacy.
And jurors heard an audio recording of Mr Trump and Mr Cohen discussing a plan to purchase the rights to a story of a Playboy model, Karen McDougal, who has said she had an affair with Mr Trump.
During a massive rally on Saturday in the southern New Jersey resort town of Wildwood, Mr Trump revived his criticism of the case, wrongly blaming president Joe Biden for orchestrating the New York charges, calling the case a “Biden show trial”.
That argument ignores the reality that the hush money case was filed by local prosecutors in Manhattan who do not work for the Justice Department or any other White House office.
The Justice Department has said the White House has had no involvement in the two criminal cases against Mr Trump brought by special counsel Jack Smith.
