Cohen will be the prosecution’s last witness. Trump’s defense will begin after Cohen, though it’s not clear whether his lawyers will call any witnesses or if Trump will testify in his own defense.
Jurors have already heard how Trump and others in his orbit were reeling after the leak just a few weeks before the 2016 election of an “Access Hollywood” tape in which he bragged about grabbing women by the genitals without their permission. The publication of the tape hastened the payments to Daniels, according to testimony.
Cohen testified that Trump was constantly apprised of the behind-the-scenes efforts to bury stories feared to be harmful to the campaign. And after paying out $130,000 to Daniels in order to keep her quiet about an alleged sexual encounter, Trump promised to reimburse him.
Jurors followed along as Hoffinger, in a methodical and clinical fashion, walked Cohen through that reimbursement process. It was an attempt to show what prosecutors say was a lengthy deception to mask the true purpose of the payments.
As jurors were shown business records and other paperwork, Cohen explained their purpose and reiterated again and again that the payments were reimbursements for the hush money — they weren’t for legal services pursuant to a retainer.
It’s an important distinction because prosecutors allege that the Trump records falsely described the purpose of the payments as legal expenses. These records form the basis of 34 felony counts charging Trump with falsifying business records. All told, Cohen was paid $420,000, with funds drawn from a Trump personal account.
“Were the descriptions here on this check stub false?” Hoffinger asked.
“Yes,” Cohen said.
“And again, there was no retainer agreement, is that right? Hoffinger asked.
“That’s correct,” Cohen replied.
Prosecutors also spent time working to blunt the potential credibility issues, painting Cohen as a longtime Trump loyalist who committed crimes on behalf of the former president.
On the witness stand, Cohen described in detail the April 2018 raid that marked the beginning of the end of his time being devoted to Trump.
“How to describe your life being turned upside-down? Concerned. Despondent. Angry,” Cohen told jurors.
“Were you frightened?” Hoffinger asked.
“Yes, ma’am,” he said.
But he was heartened by a phone call from Trump that he said gave him reassurance and convinced him to remain “in the camp.”
He said to me, ‘Don’t worry. I’m the president of the United States. There’s nothing here. Everything’s going to be OK. Stay tough. You are going to be OK,’” Cohen testified.
Cohen, who once boasted that he would “take a bullet” for Trump, told jurors that he “felt reassured because I had the president of the United States protecting me … And so I remained in the camp.”
It was his wife and family who finally made him see how sticking by Trump was detrimental.
“What are you doing? We’re supposed to be your first loyalty,” Cohen testified. Asked what decision he made, he responded, “That it was about time to listen to them,” he said.
Throughout Cohen’s testimony Tuesday, Trump reclined in his chair with his eyes closed and head tilted to the side. He occasionally shifted and leaned forward, opening his eyes and talking to his attorney before returning to his recline. Even some of the topics that have animated him the most as he campaigns didn’t stir his attention.
It was a far cry from the scene last October, when the once-fierce allies faced off at Trump’s civil fraud trial and Trump walked out of the courtroom after his lawyer finished questioning Cohen.
“Mr. Cohen, do you have any regrets about your past work for Donald Trump?” Hoffinger asked as she concluded her questioning.
“I do,” Cohen said. “I regret doing things for him that I should not have. Lying. Bullying people in order to effectuate a goal. I don’t regret working for the Trump Organization ’cause as I expressed before, some very interesting, great times.”