Prosecutors in the New York hush money trial of former President Donald Trump are expected to call Michael Cohen to testify on Monday, as they look to prove beyond a reasonable doubt that Trump falsified business records to cover up payments to adult film actress Stormy Daniels in order to help his 2016 presidential campaign.
Arguably the prosecution's most important witness, Cohen, Trump's former lawyer, is at the heart of this case because in the heat of the 2016 election he paid Daniels $130,000 to keep quiet about an alleged sexual encounter she had with Trump 10 years prior, an affair Trump has denied.
Once he was president, Trump paid Cohen back. And according to prosecutors, Trump falsified business records to cover up those payments to Daniels to make it appear he was paying Cohen for legal fees.
Manhattan prosecutors are arguing that those payments are a form of election interference, with the theory being that by paying off Daniels, Trump prevented information about the alleged affair from reaching voters.
This is the first in an ongoing look at what's to come in Donald Trump's legal battles from Trump's Trials. Here's what to look out for, with points summarizing what to know.
What prosecutors still need to prove
- Trump's intent to defraud someone
- Trump's intent to violate the Federal Election Campaign Act
Falsifying business records is usually treated as a misdemeanor, but Trump is being charged with a felony because the prosecution argues those actions violated federal election laws. They say covering up his alleged affair with Daniels amounts to election interference and violation of the Federal Election Campaign Act.
Boston University law professor Jed Shugerman is skeptical of this legal theory and believes the prosecution still needs to prove two things:
"Proof of Trump's intent to defraud somebody, and second, proving intent to violate the Federal Election Campaign Act. And those both have to be proven beyond a reasonable doubt."
The prosecution is hoping Cohen can do just that.
The importance of Michael Cohen
- Why a convicted felon is the prosecution's key witness
- He worked for Trump for over 10 years
Shugerman says that, if convicted, Trump will appeal the decision and it could be overturned by a higher court. Therefore, prosecutors need Cohen to help them "check the legal boxes." Shugerman explains:
"The jury might've heard enough to convict, but they need Michael Cohen for the legal case."
Prosecutors need Cohen to give more clarity and establish an intent to violate the law. One problem prosecutors face is Cohen himself. In 2018, he pleaded guilty to eight counts related to campaign finance violations and was sentenced to three years in prison. Additionally, he has admitted to previously lying under oath. But Shugerman doesn't think this necessarily ruins Cohen's credibility:
"The fact that he did plead guilty and spent time in jail for this gives him credibility that overcomes some of the problems with perjury."
Cohen has been attacking Trump over the course of the trial, but because of the gag order, Trump cannot respond. On Friday, after hearing complaints from Trump's defense team, the judge asked prosecutors to tell Cohen to refrain from making any more statements.
What to watch this week
- Michael Cohen takes the stand, the prosecution rests their case
- Trump's attorneys will look to discredit Cohen as a witness
