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Column: The Trump prosecution has a Michael Cohen problem — and a plan to solve it

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Column: The Trump prosecution has a Michael Cohen problem — and a plan to solve it

Since the opening of the Donald Trump’s New York trial — when the former president’s counsel told the jury that the prosecution’s star witness “cannot be trusted” — the defense has telegraphed its principal strategy: Eviscerate Michael Cohen.

As Trump’s fixer and attack dog at the time of the alleged crimes, Cohen was more central to the events spelled out in the indictment than anyone in the defendant’s orbit. He even fronted his personal funds to quiet Stormy Daniels, who was shopping a story of a 2006 sexual liaison with Trump.

And having pleaded guilty to tax evasion, false statements and campaign finance violations related to the Daniels affair, along with a separate plea to making false statements to Congress, he seems tailor-made to be accused of lying to settle scores with his former boss. For the loyalty-obsessed Trump, moreover, the prospect of savaging a traitor promises additional psychological rewards.

But before the jury has even heard from Trump’s bête noire, the prosecution has made great strides to neutralize any plan to undermine Cohen’s testimony.

They have done so first and foremost by presenting a wealth of evidence that prospectively corroborates what Cohen will say. (And after his grand jury testimony and numerous reported sitdowns with the district attorney’s office, the prosecution knows what Cohen is going to say down to the last comma.)

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The prosecutors’ decision to introduce their story through David Pecker, the former chief executive of the company that owned the National Enquirer, worked beautifully. A sort of Runyonesque rascal in his business affairs, Pecker came across as completely forthcoming on the stand. And he came forth with many details that involved Cohen and will be echoed by him. Those particulars included a key August 2015 meeting in which Pecker said he first promised Trump that he would smother the stories of his purported former sexual partners who might come forward now that he was a presidential candidate.

Every major witness since Pecker has also covered ground that Cohen will retread. By the time the jury hears the account of Trump’s onetime fixer, it will ring familiar in almost all its particulars.

Almost but not quite all. Only Cohen and Trump could have been privy to certain details of the alleged falsification of documents, the basis of the 34 criminal counts in the indictment.

Still, the district attorney will be able to respond to the defense’s ferocious attacks on Cohen by noting, in time-honored prosecutorial form, that the jury needn’t rely on his word alone because of all the corroboration.

In fact, the prosecution’s case has been sprinkled with disparaging characterizations of Cohen by its own witnesses, who have called him a “jerk” and worse. It’s another signal that the district attorney will argue that the case does not stand or fall on Cohen’s testimony.

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And much of what follows Cohen will reinforce his testimony. Longtime Trump aide Hope Hicks figures to provide devastating corroboration of Cohen’s testimony about “the Boss,” including her firsthand account of the 2015 meeting.

The extensive corroborating evidence is just one way the prosecution is cutting off the defense’s main line of attack. As important, prosecutors have constructed and reinforced a narrative that bolsters Cohen’s story. It moves from the initial meeting, through the efforts to “catch and kill” the stories of a Trump Tower doorman and a Playboy model, and then to the critically important “Access Hollywood” tape that left the Trump campaign in an existential crisis.

The recording, which surfaced shortly before the election and caught Trump boasting of sexually assaulting women, prompted Republican Party leaders such as John McCain to withdraw their support for Trump. The jury heard evidence on Friday that key players in the catch-and-kill scheme were confident that Trump could not recover from the revelation.

Enter Daniels, who had recently resumed her efforts to parlay her alleged affair with Trump into a payday. If the campaign was on life support, her account threatened to pull the plug.

The story that prosecutors have presented from multiple sides thereby leads to the conclusion that the dealings with Daniels could have had only one motivation: to salvage the campaign. And that meant that Daniels not only had to be paid off but also that the purpose of the payoff had to be hidden.

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The force of this account has Team Trump staring up at a nearly insurmountable incline. It’s not just that Cohen’s explanation of Trump’s alleged scheme and purposes will be roundly corroborated by other witnesses; it’s that no other explanation would make any sense of the whole patchwork of evidence.

The prosecution’s marshaling of that evidence leaves the defense with no viable counternarrative. Assume Trump’s team beats Cohen up for days on cross-examination and reiterates in closing that he can’t be trusted. What alternative story can they offer to supply a reasonable doubt about the district attorney’s account?

As Pecker testified and we will probably hear repeated at closing, Cohen couldn’t buy lunch without Trump’s approval. Is it remotely possible that he would nevertheless take out a home equity loan and pay Daniels $130,000 without Trump’s knowledge and direction? The Manhattan jury might be expected to conclude, in a word, “Fuhgeddaboudit.”

That’s not to say that the prosecution is coasting toward a guilty verdict or that the jury’s response to Cohen won’t matter. The charges of falsifying business records are still vulnerable to technical challenges involving intent and other questions. Especially with two lawyers in the jury’s ranks, stitching up that part of the case could be difficult. But with a broader rejection of Cohen’s testimony looking unlikely, the defense’s options for preventing a conviction are dwindling.

Harry Litman is the host of the “Talking Feds” podcast and the Talking San Diego speaker series. @harrylitman

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Video: Hillary Clinton Denies Ever Meeting Jeffrey Epstein

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Video: Hillary Clinton Denies Ever Meeting Jeffrey Epstein

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Hillary Clinton Denies Ever Meeting Jeffrey Epstein

The former first lady, senator and secretary of state, Hillary Clinton, told congressional members in a closed-door deposition that she had no dealings with Jeffrey Epstein.

“I don’t know how many times I had to say I did not know Jeffrey Epstein. I never went to his island. I never went to his homes. I never went to his offices. So it’s on the record numerous times.” “This isn’t a partisan witch hunt. To my knowledge, the Clintons haven’t answered very many questions about everything.” “You’re sitting through an incredibly unserious clown show of a deposition, where members of Congress and the Republican Party are more concerned about getting their photo op of Secretary Clinton than actually getting to the truth and holding anyone accountable.” “What is not acceptable is Oversight Republicans breaking their own committee rules that they established with the secretary and her team.” “As we had agreed upon rules based on the fact that it was going to be a closed hearing at their demand, and one of the members violated that rule, which was very upsetting because it suggested that they might violate other of our agreements.”

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The former first lady, senator and secretary of state, Hillary Clinton, told congressional members in a closed-door deposition that she had no dealings with Jeffrey Epstein.

By Jackeline Luna

February 26, 2026

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Vulnerable House Dem lashes out at Trump’s ‘racist’ SOTU challenge: ‘That was uncomfortable’

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Vulnerable House Dem lashes out at Trump’s ‘racist’ SOTU challenge: ‘That was uncomfortable’

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Rep. Janelle Bynum, D-Ore., called a challenge from President Donald Trump at the 2026 State of the Union “racist” when he asked listeners to stand if they agreed the U.S. should prioritize the safety of its own citizens over illegal aliens.

“If you agree with this statement, then stand up and show your support,” Trump said.

“The first duty of the American government is to protect American citizens, not illegal aliens.”

Democrats remained seated for over a minute and a half as the Republican side of the chamber burst into prolonged applause.

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President Donald Trump pictured ahead of his 2026 State of the Union Address on Feb. 24, 2026. (Kenny Holston-Pool/Getty Images)

After the address, Bynum, who is on the National Republican Congressional Committee’s list of vulnerable Dem incumbents, said the moment made her uneasy.

“I think you can agree with the ‘what’ — like standing up for American citizens,” Bynum said. “But I disagree with the ‘how.’”

“There’s thinly veiled racist language, anti-immigrant language in what he was asking, and that was uncomfortable,” Bynum said.

Bynum’s office did not immediately respond to a request for comment on how Trump’s challenge had asked lawmakers to discriminate on the basis of race. 

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TRUMP SHAMES DEMOCRATS IN VIRAL STATE OF THE UNION CHALLENGE ON MIGRANT CRIME: ‘FIRST DUTY’

Trump’s remarks to Democrats on Tuesday came as a partial government shutdown drags on over demands Democrats have made to reform the agency at the heart of Trump’s immigration crackdown.

Rep. Janelle Bynum, D-Ore., left, pictured alongside President Donald Trump, right. (Bill Clark/CQ-Roll Call, Inc via Getty Images; Craig Hudson For The Washington Post via Getty Images)

Democrats are demanding a set of 10 enforcement reforms for Immigration and Customs Enforcement (ICE) and won’t vote to fund the Department of Homeland Security (DHS) until Republicans meet their demands.

DHS, which oversees ICE, went into a shutdown on Feb. 14.

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DHS SHUTDOWN DRAGS INTO WEEK TWO AS IRAN THREAT, SOTU CLASH COMPLICATE HILL TALKS

Among other changes, Democrats are looking for a ban on masks, an end to roaming patrols, visible identification and stiffer warrant requirements for arresting illegal aliens in public.

Republicans have dismissed those demands, arguing that Democrats must first pass legislation to restrict “sanctuary cities” — local communities that have instructed their law enforcement not to cooperate with federal agents on immigration apprehensions and deportations.

DHS Agents in Charlotte, North Carolina on a mission. (Ryan Murphy/Getty Images)

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In a press release after the State of the Union, Bynum, who voted against DHS earlier this year, listed Trump’s framing of his immigration crackdown among her many critiques of the address.

“Tonight, I watched President Trump spend the majority of his speech lying about the state of our economy, demonizing immigrants and spewing more of the same divisive BS. I can’t say I’m surprised,” she wrote.

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Trump’s State of the Union address draws 32.6 million viewers, marking smallest audience yet

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Trump’s State of the Union address draws 32.6 million viewers, marking smallest audience yet

Over 32.6 million viewers watched President Trump address the nation on Tuesday night, according to Nielsen data.

It’s both the smallest audience Trump has received for the annual speech to a joint session of Congress, and the longest State of the Union address in recent history.

This was the president’s first State of the Union address of his second term. Previously, his addresses scored 45.5 million in 2018, 46.8 million in 2019 and 37.1 million in 2020, the Nielsen data show.

This year’s speech clocked in at 107 minutes, topping the record set by President Clinton in 2000.

Facing low approval ratings, Trump played up positive economic numbers, some of which were misstated, and the administration’s aggressive crackdown on undocumented immigrants, drawing polarized reactions in the chamber.

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Trump also recognized the Men’s Olympic hockey team, which won its first gold medal since 1980 on Sunday with its victory against Canada, and a number of other guests attended the address, including the widow of right-wing activist Charlie Kirk and Paramount Skydance’s CEO David Ellison.

The U.S. Olympic men’s ice hockey team arrives for the State of the Union address .

(Kenny Holston / Pool, Getty Images)

There were 15 networks that televised the speech. Fox News had the largest audience with 9.1 million viewers. ABC was second with 5.1 million, followed by NBC‘s 3.6 million, CBS’ 3.3 million, MS NOW’s 2.4 million, CNN’s 2.2 million, and the Fox broadcast network’s 2.1 million.

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