Politics
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.)
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.
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.
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
Politics
ICE says it will needs massive funding hike, tens of thousands more beds to implement Laken Riley Act
Immigration and Customs Enforcement (ICE) is telling lawmakers that the Laken Riley Act, an anti-illegal immigration bill expected to hit President-elect Trump’s desk in the coming weeks, will cost an additional $3 billion due to the agency needing an additional 60,000 detention beds.
ICE responded to questions by Rep. Mike Collins, R-Ga., on the impact of the Laken Riley Act. The bill passed the House this month and looks likely to pass the Senate. It requires DHS to detain illegal immigrants who have been arrested for theft-related crimes.
It also allows for states to sue DHS for alleged failures in enforcing immigration law. The bill is named after Laken Riley, a Georgia student who was murdered by an illegal immigrant from Venezuela last year. It has picked up the support of Republicans as well as a number of Democrats.
BIDEN DHS EXEMPTED THOUSANDS OF IMMIGRANTS FROM TERROR-RELATED ENTRY RESTRICTIONS IN FY 2024
In the letter, obtained by Fox, ICE says it has identified tens of thousands of illegal immigrants who would meet the criteria for arrest both on its detained docket and non-detained docket. It said that its Enforcement and Removal Operations (ERO) has estimated that the number of illegal immigrants on its national docket who meet the criteria would be over 60,000. The letter was first reported by Politico.
“Since the Laken Riley Act requires ERO to immediately detain those noncitizens, ERO would then require, at minimum, 64,000 additional detention beds; however this does not account for other immigration enforcement mandates that may place a need for increased detention capacity.”
SENATE DEMS TO JOIN REPUBLICANS TO ADVANCE ANTI-ILLEGAL IMMIGRATION BILL NAMED AFTER LAKEN RILEY
ICE estimates that increasing that capacity would require a funding increase of approximately $3.2 billion. Additionally, it estimates that it will need 10 new Mobile Crisis Assistance Teams (MCAT) and a HQ law enforcement officer across eight field offices, requiring an additional nearly $15 million along with associated equipment.
Notably, ERO says it currently possesses the authority to fulfill the requirements of the Act and would require no additional authorities.
The agency warned that it may have to release tens of thousands of illegal immigrants if it does not get the additional bedspace.
CLICK HERE FOR MORE IMMIGRATION COVERAGE
“…[I]f supplemental funding is not received and ICE remains at its current bed capacity, the agency would not have the detention capacity to accommodate the immediate arrest and detention of noncitizens convicted or charged with property crimes,” it says. “ERO anticipates that tens of thousands of noncitizens would need to be released by the end of the fiscal year, resulting in the potential release of public safety threats.”
As challenges to implementation, it cites the challenges of having ICE officers, and also the challenges of sanctuary cities: “A complicating factor is a lack of cooperation from ICE’s state and local law enforcement partners.”
This is not the first alarm that ICE has sounded about its funding levels, noting in its FY 24 report that it is already underfunded with its existing responsibilities.
“Throughout the year, the agency was called on to do more without commensurate funding, working within the confines of strained resources and competing priorities while steadfastly supporting the Department of Homeland Security and its component agencies in their efforts to secure the border,” the agency said.
President-elect Trump has promised to launch a mass deportation operation, in which ICE would be the operative agency. In Congress, Republicans are preparing to make significant funding changes via the budget reconciliation process. Border security and interior enforcement would likely be top priorities for Republicans, given the issues’ prominence in the 2024 election.
Politics
Rep. Nancy Pelosi will not attend Trump's inauguration
Former House Speaker Nancy Pelosi (D-San Francisco) will not attend President-elect Donald Trump’s inauguration, a spokesman confirmed Thursday.
The spokesperson did not provide a reason for Pelosi’s decision to skip the ceremonial event, which is slated for the U.S. Capitol on Monday. The decision was reported earlier by ABC News.
Pelosi, 84, who has retained political prominence and influence in the Democratic Party — and her seat in the House — despite giving up her longtime leadership role after Republicans won control of the House in 2022, has long had a contentious relationship with Trump.
She also broke her hip and was hospitalized while traveling with a bipartisan congressional delegation in Luxembourg last month — though she has returned to the halls of Congress since, including for the Jan. 6 confirmation of Trump’s electoral victory.
Trump did not attend the inauguration of President Biden after losing to Biden in the 2020 election. He also denied that he lost despite all evidence to the contrary — a lie he maintains to this day. He was the first president to skip the inauguration of his successor since Andrew Johnson did so in 1869.
Pelosi has called Trump “crazy” and unfit for office. Trump has called Pelosi “evil” and an “enemy” of the country. The pair have sparred for years. Pelosi raised eyebrows when she ripped up a copy of Trump’s State of the Union speech behind him in 2020. Trump infuriated the former speaker by mocking a violent attack on her husband at the couple’s San Francisco home.
Former First Lady Michelle Obama has also announced that she will not attend the inauguration, though former President Obama will, according to the Associated Press. The former first lady also has been an outspoken critic of Trump.
Politics
Lee Zeldin, Trump’s E.P.A. Nominee, Is Short on Environmental Experience
Of all the government agencies that President-elect Donald J. Trump has threatened to shrink or eliminate, perhaps none has been a greater target than the Environmental Protection Agency.
During the first Trump administration, the nation’s top regulator of air and water pollution and industrial chemicals saw its budget slashed, leading to an exodus of employees and weakened enforcement of environmental rules.
This time, Mr. Trump could go further.
President Biden rebuilt the E.P.A. and used it to enact two powerful climate regulations aimed at cutting greenhouse gas emissions from tailpipes and power plants. But Mr. Trump has already promised to “kill” the agency’s climate regulations, and people close to the Trump transition have recommended ousting E.P.A. career staff, eliminating its scientific advisers, and closing an office that helps minority communities that disproportionately struggle with polluted air and water. There is even discussion of moving E.P.A. headquarters and its 7,000 workers out of Washington, possibly to Texas or Florida, as a way to shed employees.
The man who would carry out the dismantling is a former congressman from New York, Lee Zeldin, who is set to appear Thursday morning before the Senate Committee on Environment and Public Works.
The nomination of Mr. Zeldin baffled many, since he has little background in environmental regulation.
But Mr. Zeldin, 44, who ran unsuccessfully for governor of New York in 2022, is a Trump supporter who voted against certifying the results of the 2020 election. Friends say he has a long and loyal connection with the president-elect.
“They have a unique bond,” said Chris Berardini, a Republican lobbyist . “Republicans in New York tend to be always close. It’s a very lonely fraternity.”
The two men have something else in common, Mr. Berardini said. Last summer, Mr. Trump survived an assassination attempt at a campaign event. In 2022, Mr. Zeldin was attacked by a man with a pointed weapon at a campaign event. “Those are the subtle threads that weave into a personal relationship,” Mr. Berardini said.
While Mr. Zeldin is not experienced in environmental regulation, he and his allies point to his years representing his Long Island district, which included miles of coastline and had a bipartisan tradition of environmental conservation.
At the same time, Mr. Zeldin appears to have embraced Mr. Trump’s seemingly contradictory position: he says he wants clean air and water while he plans to erase regulations that ensure both, along with limits on the emissions of greenhouse gases from fossil fuels that are linked to stronger droughts, wildfires, floods.
Upon accepting the nomination to head the E.P.A., Mr. Zeldin wrote on X, “We will restore US energy dominance, revitalize our auto industry to bring back American jobs, and make the US the global leader of AI. We will do so by protecting clean air and water.”
Senator Shelley Moore Capito, Republican of West Virginia, who chairs the environment committee, said Wednesday on Fox Business News of Mr. Zeldin that “By being the representative from New York, he’s seen all different types of clean air, clean water issues, and the best way to solve those problems.”
But Ms. Capito, whose home state is a major producer of coal and natural gas, also appears confident that Mr. Zeldin will execute Mr. Trump’s plans.
In a Facebook post last month, Ms. Capito wrote, “Congressman Zeldin understands the need to roll back regulatory overreach, unleash American energy, and allow Americans to build again — all while protecting public health and the environment. His skill set is well suited to implement the agenda of President Trump. ”
Mr. Zeldin has not said much about whether he accepts the established science of climate change but he was a member of the bipartisan Climate Solutions Caucus in Congress. However, he voted against the Inflation Reduction Act, the nation’s first major climate law, which pumped at least $370 billion into clean energy programs.
When Gov. Kathy Hochul of New York criticized Mr. Zeldin, he responded on social media, saying, “I just voted NO because the bill sucks.”
During Mr. Zeldin’s tenure in the House, he voted against clean water legislation at least a dozen times and clean air legislation at least half a dozen times, according to a scorecard by the League of Conservation Voters, an environmental group.
However, he has boasted about securing federal funds to improve the health of Long Island Sound, and he voted for a bill that would require the E.P.A. to set limits on PFAS, damaging chemicals that are persistent in the environment and the human body. The E.P.A. under the Biden administration has set strict limits on chemicals in drinking water. In 2020, he voted against legislation to slash E.P.A.’s budget.
Senator Edward J. Markey of Massachusetts, a senior Democrat on the environment committee, said he met with Mr. Zeldin Tuesday and had “a good, candid conversation.”
Still Mr. Markey questioned his qualifications to run the E.P.A., and expressed skepticism about his commitment to guard the air and water from polluting industries.
“I’m not convinced his top priority is protecting communities and our environment,” Mr. Markey said.
On climate change, Mr. Markey said Mr. Zeldin “said he believed that human activity contributes to climate change.” But he said, “My questions go to what the E.P.A. priorities would be under his leadership.”
Lisa Friedman contributed reporting.
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