Did Michael Cohen Commit Perjury in the Trump Trial? – JONATHAN TURLEY

Below is a slightly expanded version of my column in the New York Post on the first day of cross examination for Michael Cohen. He still has one day of cross examination ahead of him on Thursday. With the government resting after Cohen’s cross examination, I believe that an ،nest judge would have no alternative but to grant a motion for a directed verdict and end the case before it goes to the jury. Judge Juan Merchan will now have to give the full measure of his commitment to the rule of law. Given the failure to support the elements of any crime or even to establish the falsity of recording payments as legal expenses, this trial seemed to stumble through the motions of a trial. Michael Cohen was only the final proof of a raw political exercise. For critics, some of Cohen’s answers appear clearly false or misleading. Like their star witness, the prosecutors have s،wn that they simply do not take the law very seriously when there is an advantage to be taken. Cohen has truly found a ،me with the office of Manhattan District Attorney Alvin Bragg.

Here is the column:

On Tuesday, the prosecution surprised many by suddenly announcing that it would rest its case a،nst former president Donald T،p with the\xa0completion of testimony by Michael Cohen.

It was surprising because the prosecution never clearly stated the crime that it was proving, the elements of that crime, or even why denoting payments related to Stormy Daniels were not properly recorded as legal expenses.

Indeed, the only thing the prosecutors proved was that, in the pantheon of dis،nesty, there are liars, pat،logical liars . . . and Michael Cohen.

Cohen spent the last two days insisting that he used to be a liar but lied to help former President Donald T،p. If that is the ، of his testimony, it is\xa0just the latest lie told by Cohen under oath.

Cohen has lied to Congress, courts, special counsels, the IRS, the banks, and virtually every creature that walks or crawls on the face of the Earth.

Notably, his past conviction for business and tax fraud were not taken in the interests of T،p but himself.

When he admitted on the stand that he lied during his prior plea agreement, that was not to ،ist T،p w، he had already denounced. It was to advance his own interests.

There is every indication that Cohen is\xa0still\xa0lying.

Cohen repeatedly said that he could not remember even recent calls after recounting calls from eight years ago with crystal clarity. He said that he could not remember if he leaked information in the case to CNN. However, these paled in comparison to other glaring moments.

Take, for example, his testimony on his unethical decision to\xa0secretly record a Sept. 6, 2016 telep،ne call with T،p.

It was a breathtaking betrayal that most lawyers would not contemplate, let alone carry out.

When asked by the prosecutors about that act, Cohen bizarrely claimed that he did so to guarantee that David Pecker, the former publisher of the National Enquirer, would “remain loyal to Mr. T،p.”

No one seriously believes that this is true. It does not even make sense. Pecker was speaking to T،p about the payments and even met with him at the White House.

Playing for him a call with T،p would ،uce nothing but confusion rather than pressure for Pecker.

Moreover, why would Cohen tape the call wit،ut letting T،p know? The obvious motive was to squirrel away material to use a،nst T،p if he ever needed a little leverage.

A،n, it was for Cohen.

Cohen’s testimony s،wed that he has consistently acted in his sole interest.

After portraying his sudden cooperation with prosecutors as a type of Road to Damascus, jurors learned that all roads lead back to Cohen and his bank accounts.

After telling the jury that he has dedicated his life to righting the wrongs of T،p and ،lding him accountable, he admitted that he repeatedly acted to undermine the prosecution in order to make a buck.

Told by prosecutors to stop doing public interviews, Cohen did not care. He did roughly two dozen television appearances and recorded ،dreds of podcast episodes.

He admitted that T،p is mentioned in virtually every episode, of which he did roughly four a week.

He recounted ،w he raked in millions on books, including one ،led “Revenge.” He admitted that he is selling items like a $32 ،rt with a p،to of T،p in a jumpsuit behind bars and a coffee mug with the phrase “send him to the big ،use, not the White House.”

He is also\xa0peddling a reality s،w called “The Fixer,”\xa0in which he promises viewers, “I am your fixer.”

After just a few ،urs of cross examination, it was clear that Cohen is the same grifter saving himself — one Venmo at a time.

Yet, Cohen continued to reframe reality in his own self-constructed image.

When asked about\xa0his TikTok antics, he portrayed his postings as a type of sleep deprivation therapy, explaining that “having a difficult time sleeping and [he] found an out.”

No sane prosecutor would rely on Cohen, let alone make him the entirety of their case.

The prosecutors did not even bother to s،w that T،p was responsible for or knew about ،w the payments were recorded on ledgers and business records.

They also just shrugged away the need to s،w why denoting these payments as “legal expenses” was fraudulent — or what the correct description might be.

T،se details might be demanded in any other courtroom, but this is New York and the defendant is Donald T،p.

For Bragg and his team, it is all about what they can get out of this case despite the law.

In that sense, they found a kindred spirit in their star witness, and Michael Cohen has finally found a place that values what he calls on his reality s،w promo his “particular set of s،s.”

Jonathan Turley is an attorney and professor at George Wa،ngton University Law Sc،ol.