On "Forbes Newsroom," Glen Donath, a partner at Clifford Chance and former Clinton impeachment defense lawyer, discussed the importance of Michael Cohen to the prosecution against former President Trump in the NYC hush money trial.
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NewsTranscript
00:00Well, the prosecution does seem to be slowly building a case, showing the evidence,
00:03demonstrating that there are a lot of threads tying all of this and understanding and
00:10knowledge by Trump to pay and knowing exactly what was happening.
00:15What about the fact that Michael Cohen may have credibility issues?
00:22All of this is building and leading back to Michael Cohen. He is the star witness.
00:26His name has been mentioned in every aspect of this case, from opening arguments to
00:31every single witness, cross-examination, direct.
00:37What do we expect might happen?
00:40And this is clearly a buildup to the biggest witness that the prosecution has to offer
00:44in this case.
00:46Yeah, no question about it. Michael Cohen is the key witness, and any defense lawyer,
00:51and certainly Mr. Trump's defense lawyers will comment him with a sledgehammer and
00:56try to destroy his credibility.
00:58That's inevitable.
01:02And I think they have much to work with.
01:04Cohen has admitted to lying, I think, to Congress and to the press and in court filings,
01:12and so he is a damaged witness.
01:16On the other hand, he has been corroborated, A, by witnesses in this case, and so that's
01:22part of what the government has done so far with Pecker and Davidson and others.
01:29And secondarily, I don't think there's that much that Cohen is going to say that we're
01:36going to have to take his word for.
01:37We see the checks.
01:39We know that Cohen went to jail.
01:43He took responsibility for what happened.
01:46And we know that Trump himself was an unnamed co-conspirator in that case, the federal case
01:53for which Cohen pleaded guilty and went to jail.
01:56And so I think the key issues, there's really only two key issues.
02:01A, was Trump aware of the payments?
02:02Again, very hard for him to argue that he wasn't.
02:04And then B, were they for a campaign or election purpose?
02:10I think that, obviously, they will try to hit Cohen very hard on that, but I think the
02:16timing speaks for itself.
02:19And the fact that Trump disguised the checks for reasons that would have nothing to do
02:25with his family, really.
02:26So I don't think Cohen's credibility at the end of the day is going to be the determining
02:34factor.
02:34I think it's a documents case and a timing case more than what Michael Cohen's truth
02:40telling has to do with it.