This is Bloomberg Law with June Brusso from Bloomberg Radio.
The last time I appeared before Congress, I came to protect mister Trump. Today I am here to tell the truth about mister Trump.
Michael Cohene's testimony in the Trump hush money trial is similar to his congressional testimony back in twenty nineteen, in that he explained how he went from being Donald Trump's lawyer and fixer to being the star witness against him. Cohen is testified that the former president signed off on a plan to cover up the one hundred thirty thousand dollars hush money payment to adult film actress Stormy Daniels to keep their alleged sexual encounter out of the news
ahead of the twenty sixteen election. The prosecution has basically built its case around Cohen will be the final witness for the Manhattan Da, joining me as Bloomberg Legal reporter Patricia or Tada, who has been in the courtroom for
all the testimony. Before we go inside the courtroom, Pat, let's talk about how Republicans, including the Speaker of the House, Mike Johnson, Alabama Senator Tommy Tubberville, and other Republicans came to support Trump on Tuesday and make statements on his behalf outside the courthouse.
Mike Johnson showed up outside the courtroom but never went inside the courtroom, so go figure that out. So he was there to support Trump but didn't go into the courtroom.
So the Republican politicians showed up to show the support for Trump, and then with the exception of Mike Johnson, four of them went in to the courtroom and sat in the front row, and then during a break they left in the morning and came back late, and they arrived just as Michael Cohen was describing to the jury how he decided to seek guilty and start cooperating with
the government. And it was a very heartfelt moment where he was describing how he basically had a reckoning with his children, his eldest daughter, who was a freshman at the University of Pennsylvania, and he said he was protecting his family, and then his daughter told him that we're your family, they're not your family, and you have to think about us, and that's when he decided to be guilty.
And he's choking up with emotion, and then who comes clattering down the center aisle of the courtroom, disrupting proceeding. But the Republicans who came to show the support for Donald Trump. It was a weird, disjointed moment. I don't know if the jury was paying attention. It was kind of to those of us, the reporters in the audience, it was odd to see people being allowed to walk into the courtroom in the middle of trial, in the middle of testimony, and no one said a word to
them that would not be permitted from anyone else. But this group and math arrived and clambered down the aisle, clonking with their heels and sitting down.
Has the prosecution complained to the judge about the fact that, for example, Mike Johnson in his statement, he's saying almost word for word what Trump has said about the trial about Michael Cohen. So Trump is using them to avoid the gag order he's under.
Trump yesterday called them his surrogeis and it does appear about he's using them as this mouse key surrogates to speak and say the things he's not permitted now as a descendant. Judge Mershawn, who's presiding over the case, has some power and authority over Trump to say, behave and don't make comments about the witnesses and the jury. I guess this is their way of trying to do an end run around the court rolls and around the judge's
dag order. No one has complained yet, and I don't know if Murshawn has any authority to say anything to direct members of Congress or former politicians like Visick Rowasani to not say anything.
Like the judge has any control over what they say. Let's turn out to Michael Cohen's testimony. Tell us about his demeanor on direct examination.
He mad quite a different presentation than he did when he testified as the New York Attorney General civil fraud case in October. There, he was harried, he filled out his story, He was very anxious, nervous, and he went on and gave very long answers that were very disjointed. And then when cross examination came up with close examined by Alena Haba, Trump's lawyer, she managed to immediately get under his skin, ruffle him, unnerved him, and needle him,
and then he got very combative and defensive. This time, he didn't do that his answers on direct examination by prosecutor Susan Hoffinger was very methodical, quiet. He gave very simple answers, no, ma'am, yes, ma'am. He didn't elaborate or get broader any long involved anecdotes. I thought it was very effective because basically he told a very simple story.
And this is a story he's been telling, as we all remember, since he completed guilty in August twenty eighteen, so for six years he's told this different story, and now he got his chance to finally confront Trump. He did a couple of times shoot a glance over at the defense table, but I did notice whenever he got up and to be moved and leave the courtroom, the court officer sort of blocked him off from Trumps and
they basically stopped any confrontation. And that's kind of what happened when Madeline Westerhouse testified, she seemed to go on to go up to Trump, but the court officers prevented her, and Trump seemed to try to go up to Hope Hicks and greet her but was against blocked. None of this was allowed to happen in front of the jury.
Explain how he explained the hush money payment to Stormy Daniels Trump's connection to the hush money payment to Stormy Daniels.
A big, seventy thousand foot version is that macro view is that they find out after the Acts of Hollywood papers come out in October twenty sixteen, weeks before the election, they find out that Stormy Daniels is shopping her story. And the reason they find this out is because of this agreement they have with David Pecker and the National Inquirer. Cohen and Trump get alerted about the fallacious story that
Sterermy Daniels was trying to shop her story. Thorn Star says she had sex response in two thousand and six
and had him and sexual encounter with him. As a result of that, he alerts everybody and he starts freaking out to Keith Edelman, who's Stormy lawyer, and they discussed some kind of payment, and he's discussing this with David Pecker as well, who had originally agreed to pay off one hundred and fifty thousand dollars to Karen McDougal, the Playboy model, to buy her silence for her story that early age on this bump, and then the National Inquirer
paid fifty thousand dollars for a doorman, a Trump Tower dorm man, who claimed that Trump had fathered an illegitimate child with one of the female Latina employees. So Peckard already worked over one hundred and eighty thousand dollars at this point. So Pecker consulted with his lawyer and told Cohen he wasn't going to pay anymore. And apparently Pecker now became concerned that this could be a campaign finance violation,
so he didn't want to pay. So then Cohen says he got very concerned about having to pay this off quickly because the election was about will happen, and Trump had told him this is terrible, this is quote a disaster for the campaign. If I win, it won't matter, and if I lose the presidency, I won't care. And then Cohen says that Trump was pulling terribly with women, so he was worried too. So then the decision comes
to he's going to pay Stormy off himself. So he has this discussion won't pay, He decides to make the payment, and he described in great detail a lot of the things that jury's already seen. They've seen text between Stormy's agent and for a lawyer discussing the payment. They've seen emails between Cohen and Stormy's lawyers discussing the payment. They've seen bank records where Cohen made the payment, and now we hear it from his own words linking him up
to Trump. What he said, which was very interesting yesterday the last day of direct was that he has a discussion with Trump after the elections at the White House in the Oval office, and Trump asked him, are you doing okay? And he says, well, you know. He mentions that he hasn't been paid for January and February, which would be the start of the payments to the repayment of one hundred and thirty thousand dollars that he was
supposed to get back from Trump. So Trump tells him, see Alan Weifelberg and Alan Weifelberg, who was not allowed to do anything financially without Trump's approval, and he was not aligned to side any check for over a certain amount of money without prior permission from Eric Trump, Don Junior,
or Donald Trump himself suddenly is sending texting it. So Don Junior and Eric pay for a seventy thousand dollars installment, which is two checks for January and February, and then the jury saw another chess sign and then they saw the eighth check that he said Donald Trump shigned from the White House when Donald Trump was president already in twenty seventeen. So every month onward h chess signed by
Donald Trump personally. And to his testimony that Donald Trump has proclaimed in books and in interviews that he wouldn't sign any check without knowing exactly what it was for.
So, Pat, what are the documents that are most supportive of his test testimony that corroborate his claims that Trump knew and approved the hush money payments.
The text, there's emails, there's tons of records, and there's tons of text messages back and forth. There is a handwritten document and it's basically Weifelberg scrapch notes calculating how he'd repay coent. It got quote unquote grossed up and multiplied up. It was one hundred and thirty thousand dollars. Cohen said he was owed of fifty thousand dollars or a job he'd done for Trump, and Trump had never paid him back. He was expecting to get reimbursed for
his bonus for twenty seventeen. You know, the December check that everybody loves to get for Christmas check is a bonus. He didn't get anything like that from Trump. He was expecting an additional amounts of money. So dry Solders basically scrappad of all the calculations that added up to the one hundred and thirty thousand plus fifty thousand, multiplied by
certain quantifiers. Because Cohen was in a certain tax bracket, that ended up being one hundred and eighty thousand dollars payment, but doubled because Cohen was in the fifty percent tax bracket, that was a four hundred and twenty thousand dollars payment completely, So then it said divided by twelve, which ended up being thirty five thousands. But you hear the testimony from la Cohen saying something like, but what about Melania? Won't she be a shet when she finds out about Stormy?
And Trump said, are you kidding? You think I'm going to be on the market long, no problem, not a chance. Is that the comment that some man makes when he's allegedly worried and concerned about his wife finding out about his infidelity.
I think the prosecutor will probably be bringing that up in closing arguments. Pat, stay with me. Coming up, we're going to discuss Michael Cohen's cross examination. I'm June Grass. When you're listening to Bloomberg. Donald Trump's fixer turned foe, will return to the witness stand tomorrow and could face a bruising round of questioning from the former president's lawyers.
Michael Cohen's testimony this week has linked Trump to all aspects of a hush money scheme that prosecutors say was aimed at stifling stories that threatened his twenty sixteen campaign. Cohen is the prosecution's star witness, and they'll end their case with him. Then we'll find out whether the defense will be putting on a case and if Donald Trump will testify in his own behalf. I've been talking to Bloomberg legal reporter Patricia Hurtano, who's been in the courtroom for all the testimony.
Pat.
Before the break, we were talking about the scribblings by the former CFO of the Trump organization, Alan Weiselberg, detailing how Michael Cohen was going to be paid back, a very important document for the prosecution, and in most cases the prosecutors would call Weiselberg to the state to testify about those scribblings that he made. Alan Weisselberg is not going to testify, is he? The jury's going to wonder. I think where is he?
Well? Right now, the DA has no expectations or interest in calling Wassilberg. After all, the man is a twice
convicted felon. He pleaded guilty to tax law charges on behalf of the Trump organization, and he played guilty to perjury, and he perjured himself when he testified in favor supporting Donald Trump at the civil tax flawed case brought by the New York State ag So why anybody would call such a tainted witness, as anyone's yest, he would not be a reliable witness, and he would be still protecting Trump.
I think the prosecution saying, why would you call somebody that's possibly going to give reasonable doubt for a jury when the documents speak for themselves and you don't have to heed anybody going to translate because it's right there in black and white. And they had other Trump witnesses, Trump lords witnesses striving with the paperwork, said, so they
don't need it. The other thing that Cohen said yesterday was he had to apologize to the mares and people because he helped conceal the information they needed when they were selecting a man who was running for the highest office in the LAMB. So, I mean, when I heard that, it was stunning to hear, because this really is central to the DA claim that this is an effort to undermine the elections. And Cohen said this would have helped citizens understand if they had known the truth about Trump.
So one thing that I found really interesting was the cover up of the cover up where Trump and others tried to keep Michael Cohen in line.
Yeah, that was That's always been this argument that the DA had file papers free trial saying there was something called the quote unquote pressure campaign, and I assumed it just meant be tweaked by Donald Trump. When Michael Cohen gets his offices get raided, office and his apartment and his hotel, he's extended in a hotel because his apartment was being renovated, he says, So when he gets raided. In April twenty eighteen, Trump is tweeting, Oh, he's my guy.
I'm supporting him. He's a good man, a great man, a wonderful lawyer. But then the day after Michael Cohen pleads guilty, and people may need to remember that the day Michael Cohen played guilty in August twenty eighteen is the same day that Paul Mannifort got convicted. It was a new doubleheader that day, and the next day Donald Trump is praising Paul Manifort for being a good American but condemning and damning Michael Cohen as a sleave ball
and a terrible lawyer. And never hired this terrible man. So I always thought that was the end of the story of the of the pressure campaign. But then he saw this other learn named Robert Costello, claimed that he had represented Michael Cohen and was basically asserting that Cohen had told him a completely different story and was a liar and not to be believed. And this happens after Michael Cohen plete guilty to federal charges, So it added to the Murphy mess around Michael Cohen was he as
luosy as they claimed. We saw tons of emails yesterday that were pretty stocking where Coleen gets introduced the Costello and then Costello starts sending him these very kind of insinuating, supplicating emails of like, hey, just remember I talked to the big guy. He's in your on your side. I spoke to our friend, a lawyer, meaning Juliani. So Costello is apparently a Juliani ally. And Cohen said he was afraid that Costello was just acting with Guliani to find
out exactly what Coen was going to do. Keep your friends close for your enemy's closer kind of idea. And you see these constant hollage of emails with Costello is haranguing as the first he's supplicating and kissing up to him, and then he starts haranguing. I'm like, you don't answer my calls and you're not talking and we need to discuss it, and why are you thinking of hiring another lawyer. I don't like this, and you know, basically accusing of
all kinds of nefarious substitutes. And Kellen is like, hey, I didn't make a decision, you're not my lawyer, and then he starts really almost assailing him, And that was kind of shocking that Costello and we now know, and Costello went on a campaign of his own integrating and castigating Cohan. So it's kind of weird that you see
that that. Cohen said he felt that this was a back channel way of Giuliani going between Trump and working behind the scenes to keep him in line and keep him from pleading guilty and trying to constantly take a temperature and find out how close he was to cooperate.
Let's turn down to the cross examination. Blanche started the cross trying to needle Cohen right started off.
And he said, didn't you call me, you know, a stupid little expletive in a twite? And on social media? Haven't you said these things? And what he was doing was what the defense was complaining Cohen was doing. And the defense had complained bitterly that Cohen was integrating and saying mean things about Trump and he had to stop. And then the judge told the DA, make him stop, get them to knock it off. The judge told the DA, and they said, as much as we can, We're going
to try. But controlling Michael Cohen is going to be a different story. But then the defense Blanche gets up there and it starts repeating the things he was complaining Michael Cohen was saying. And then I think the judge felt like, okay, to not make it personal between Todd Blanche and Michael Cohen, let's talk about why we're here,
and I think the judge basically shut that down. And then he started talking about all the new things he's ever said about Trump, including the T shirt of Trumps behind bars in an orange jump suit behind bars like in the jail cell handcuffs and it says Trump twenty twenty four and it's got a little logo on it. And then they started quoting from all the things Michael Cohen has ever said, and we know there are tons
of things Michael Cohen has said. We also learned that Michael Cohen has made three point four million dollars.
That was really surprising. Explain how he made.
You know, well, in two books and podcasts merchandising, but it's mainly the book and appearances and speakers speeds, so I guess that makes sense. But I mean, if he's charging thirty two dollars for a T shirt, Donald Trump is charging how much money for a pair of gold shoes and one hundred and forty nine dollars, so basically, you know, and Stormy Dangels carn't eating, So I mean
it's kind of crazy. It is a crazy case. I mean Todd Blanche accused Cohen of monetizing his hatred of Trump, which you know the jury is going to have to assess whether he's credible or not. I mean, helping their and their decision. Is this wrap of documents that may seem like just a bunch of boring pieces of paper, but there is a paper trail that, if the jury wants to look at it that way, could corroborate the story that Michael Cohen says.
I mean, you said that Weiselberg would be a tough witness and not believable. Michael Cohen has more baggage, it seems, than Weiseelberg.
He does, but he does have an essential story to tell that does have the ring of truth in white of all these documents and in light of prior testimony, I mean, historian Pecker's story are at hire seamlessly. The only difference in their testimony is David Pecker he was taking credits for Donald Trump getting the big idea of running for president, that he had done this poll or he had seen a poll, and he took us to Trump.
And then Cohen said in his testimony, which was a little tet dish controvitory, that he had seen the poll and he took it to Donald Trump, and that he convinced Donald Trump to run for president. So both of them were trying to claim the big chance. The only difference is that David Pecker never severed his relationship with Trump and so supirely of him. Meanwhile, Michael Cohen, he went to prison for him. So that's where the ill wills comes from.
You can tell a lot on cross if the witness's demeanor changes.
And it did not. He stayed very calm. The questions were not as needling as Olena habs. I mean, he may come back with more firepower on Thursdays.
Because I noticed that, for example, the question of whether or not he wanted to Trump convicted, the answer is pretty obvious. He's the star witness against him, but it took Blanche question after question after question after question for Cohen to admit it.
Look, I've covered tons of trials, tons of criminal trial, murder, racketeering, financial flaught, you name it, and I've seen plenty across examination.
It was fine, it was working like and co Winner is a lawyer, and I think that the fundamental part of his story you should say, there's animus and I guess that's what Blanche was trying to depict him as being like a tody who was constantly insinuating himself to Donald Trump and a loyal acolyte, and then he became a vicious trumpeting guy who basically was bent on revenge and then on making money off Trump.
So this is the last prosecution witness. What has the defense said about a defense? Will they put on a defense?
They have not said. They had answered the possibility of being allowed to call a witness about elections finance, election fraud, and I believe originally that Mershawan is strictly limited what that person could stay or bring basically as an expert witness. And they also told Mershawn yesterday they haven't decided what they're going to do, including whether or not they're going to call Trump as a witness, and we're going to
have to wait and see. I don't think cross will end tomorrow because we're ending early at three for the weekend, and we're not going to have trial on Friday because Trump wants a campaign and attend Bearn Trump's high school graduations. So I expect that the redirect will continue into Monday. Of Cohen and then I guess we'll see what's going to happen with the rest of the week. But the defense said they're going to review what the judges previously ruled.
So the trial is winding down, but there still could be a lot happening in the next week, depending on the defense. Thanks so much. That's Patricia Hertado, Bloomberg Legal reporter. Coming up next on the Bloomberg Law Show. Opening statements in the trial of Senator Robert Menendez on bribery charges. We'll talk to a reporter who is in the courtroom. I'm June Grosso and you're listening to Bloomberg. It's the first time in history that a senator has been indicted
twice in separate bribery cases. It's also the first time a senator has been indicted under the foreign agent statute. Quite a come down for New Jersey's Democratic Senator Robert Menendez. Once a powerful senator and chair of the Senate's Foreign Relations Committee. Now he's on trial accused of taking cash, gold bars in a luxury car from two businessmen to perform favors for them and corruptly help the Egyptian government.
The trial is taking place in Federal Court in Lower Manhattan, not far from the hush money trial of former President Donald Trump. Bloomberg Legal reporter David Rikis was in the courtroom for the opening statements today, so David. In her opening statements, the prosecutor said that this was not politics as usual, but politics for profit.
The prosecutor laid out a very damning portrait of Bob Menendez's actions over five years, saying that he sold his office to two New Jersey businessmen in exchange for hundreds of thousands of dollars of cash and gold bars, and that he also used his office to corruptly help the Egyptian government and to help out a businessman seeking money
from Qatar. It was a picture that was not pretty, and essentially said that Menendez and his wife worked together to receive these bribe payments, and that his wife introduced him to Egyptian officials, who then exploited the opportunity to benefit from their relationship with Menendez. In response, the senators lawyer said that he never took any corrupt actions and that there are innocent explanations for the cash and the gold.
The gold, who said had been in his wife, Nadine's family for many years, and he acknowledged that she received gold from one of the businessmen who's on trial, Fred Davies, but he said that the Senator had no knowledge of her receiving this gold until after he moved in with her.
This was a second merriage to both of them. He also said that Menendez had been in the habit for thirty years of taking cash out of the bank and keeping it in his house, and that he would take it out in amounts of four hundred to five hundred
dollars several times a month. And that's the explanation for more than four thousand dollars seized by a sci agent in his house in twenty twenty two, for in the house that he shared with his wife, Nadine, and that there was no corrupt intent and that he did not receive any bribes at all of cash or gold.
I think we all remember the pictures after the raid of the cash stuffed into a jacket and the gold bars. Did the jury see that today?
They did not see those pictures. No, But you know, good defense lawyer Alve Weisman for Bob Menendez spent a good deal of time trying to explain that because he understands how explosive that evidence is and he knows that he needs to deal with it head on. It looks very bad for us senator to have so much cash
in house for anyone. Well, he came up with the explanation that this is a long standing habit for the senator to collect cash, and he says that he has bank records to prove it, going back thirty years.
He tried to get his wife's trial severed and it was rejected, but now she's going to be tried later, explain what happened.
Nadine Menendez developed an illness that has not been disclosed that requires surgery, and so after rejecting earlier requests to sever her from the trial, that judge agreed a couple of months ago to give her her own trial because of this illness and the time she will need to recover from her surgery.
Is Menandez going to blame his wife for this?
He blamed his wife. His lawyer blamed his wife in the opening statement in several different ways, saying that the two co descendants were longtime friends of maybe Menendez who entered into transactions with her that he didn't know about, that they gave her gifts that he didn't know about, and that she was in financial distress in a way that he didn't fully appreciate, and that they were trying to help her out, not bribe him.
Are they still together.
They are still together, although his lawyer said that when he was in Washington he was essentially reading a separate life from her.
It's never a good look to blame your wife, but it's certainly better if your wife is not being tried with you. So he's lucky in that respect that her trial was severed from his.
Is One of the reasons that he wanted a separate trial initially was because of the spousal privilege. He wanted to be able to make excliminating statements about her if he testified, and now it appears clearly that he's prepared to do that.
Did he testified his last trial.
He did not. That was the one in twenty seventeen where he was accused in a separate corruption case in New Jersey and the jury did not be to unanimous verdict. There was a hung jury and a mistriald declared, and the Justice Department then dropped that case.
What the defense is going to try to do is show that he did not have corrupt intent.
Is that it correct right and that these were all legal actions that he took. He didn't take any corrupt official acts in exchange for bribes.
Now, a fifth defendant has already pleaded guilty. Tell us about that guilty plea.
Jose Euribe was an insurance broker and he owned a trucking business in New Jersey. He pleaded guilty and admitted that he bribed Senator Menendez and his wife with a Mercedes Benz after she needed one, and in exchange for that, he said that the Senator interceded on his behalf to try to get two criminal investigations in New Jersey that were handled by the state Attorney General resolved in a
favorable manner. One involved defendant who was already under indictment who have been pleted guilty, and another was a close friend of Uribe who was under criminal investigation who ultimately was never criminally charged. Is he GiB cleted guilty and will be testifying at trial against the Menendez according to the prosecutor.
Prosecutors have said that they expect to call dozens of witnesses, likely some of the law enforcement officials who Menendez allegedly pressured to drop in investigations, So that would include the top federal prosecutor in New Jersey, the US attorney.
Yes, that's correct. That still Selander is the US attorney, and Gerbier gray Wall, who's the former US attorney in New Jersey and is now the enforcement chief at the Security is In Exchange Commission. They're expected to testify at the trial.
The judge issued a ruling yesterday that will prevent Menandez from presenting testimony from a psychiatrist who evaluated him right.
Menendez wanted to present a psychiatrist who would say that Menendez had lasting psychological trauma caused by his parents fleeing Cuba sixty years ago and having their cash confiscated, so that's the reason why he essentially hoarded cash. And the judge did not allow that because he didn't think that
he was properly introducing this psychiatrist as an expert. And there was also the argument that Menendez's father committed suicide, that he had been a compulsive gambler, and he when Menendez was a young man, he discontinued paying off his father's gambling debts, and that that was such a trauma to him that serves as an explanation for why Menendez was parting cash.
It doesn't sound like a complicated case, but it is a complicated case for the jury.
Rights well, the trials expected the last almost two months. There's another different official acts that will be considered spans five years of time. There's a lot of cash and gold bars to explain, and there's essentially three different bribe schemes that are interwoven that the government needs to prove to make their case. In some ways, it's a simple case. The government says he's a corrupt senator who took bride, but the details of proving that are going to take a lot of time and effort.
Thanks so much, David. We'll talk with you as the trial proceeds. That's David Voriakuz, Bloomberg Legal Reporter. And that's it for this edition of the Bloomberg Law Podcast. Remember you can always get the latest legal news by subscribing and listening to the show on Apple Podcasts, Spotify, and at Bloomberg dot com, Slash podcast, Slash Law. I'm June Grosso and this is Bloomberg
