Wednesday, May 15, 2024

Cohen's Anti-Trump Testimony should be Disregarded

Michael Cohen is now the Biden star witness against Pres. Trump. Cohen testified that he lied many times, and even went to prison for it, and now makes all his money badmouthing Trump.

So what did he testify that was so damaging? Here it is:

“He wasn’t thinking about Melania. This was all about the campaign,” Cohen said of the exchange — at which point Trump, seated at the defense table, turned toward him and shook his head with a sly smile on his face.

Cohen claimed Trump wanted him to delay Daniels’ story from coming out until after the election.

“I want you to just push it out as long as you can, just get past the election,” Cohen claimed Trump said. “Because if I win, it will have no relevance because I’m president. And if I lose, I don’t even care.”

First, this should have been inadmissable hearsay. Trump was not under oath.

For example, if I tell my barbar that I want a haircut to look good in a job interview, then the barber retelling the story cannot be used in court, as I was not under oath. I may have just said that to indicate what kind of a haircut I wanted.

There is an exception for admissions against interests, such as when a murder admits to killing. But there is no admission here. Next, Cohen does not know what Trump was thinking. Cohen is not a mind-reader.

Next, the whole conversation should have been attorney-client privileged. Trump is entitled to get legal advice, without his questions being used against him.

There is an exception for plotting to commit a crime. But nobody claims that this conversation was criminal. The alleged crime had to do with the later bookkeeping.

Finally, none of this implies the money was an illegal campaign expense. Trump did not say to pay the hush money do that more citizens would vote for him. It appears that Trump wanted to kill the story before the election because the upcoming election was going to make it a big story. After the election, no one will care. So if he wanted to avoid personal embarrassment, he needed to kill it before the election.

The prosecution main argument against Trump is that he is a bad person because he was unfaithful to his wife, and said crude things on the Access Hollywood. So convict him of something else, that is not even a crime.

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