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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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Pelosi heir-apparent calls Trump’s Venezuela move a ‘lawless coup,’ urges impeachment, slams Netanyahu

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Pelosi heir-apparent calls Trump’s Venezuela move a ‘lawless coup,’ urges impeachment, slams Netanyahu

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A San Francisco Democrat demanded the impeachment of President Donald Trump, accusing him of carrying out a “coup” against Venezuelan strongman Nicolás Maduro.

California state Sen. Scott Wiener, seen as the likely congressional successor to Rep. Nancy Pelosi, also took a swipe at Israeli Prime Minister Benjamin Netanyahu.

Wiener has frequently drawn national attention for his progressive positions, including his legislation signed by Gov. Gavin Newsom designating California as a “refuge” for transgender children and remarks at a San Francisco Pride Month event referring to California children as “our kids.”

In a lengthy public statement following the Trump administration’s arrest and extradition of Maduro to New York, Wiener said the move shows the president only cares about “enriching his public donors” and “cares nothing for the human or economic cost of conquering another country.”

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KAMALA HARRIS BLASTS TRUMP ADMINISTRATION’S CAPTURE OF VENEZUELA’S MADURO AS ‘UNLAWFUL AND UNWISE’

California State Sen. Scott Wiener, D-San Francisco, speaks at a rally. (John Sciulli/Getty Images)

“This lawless coup is an invitation for China to invade Taiwan, for Russia to escalate its conquest in Ukraine, and for Netanyahu to expand the destruction of Gaza and annex the West Bank,” said Wiener, who originally hails from South Jersey.

He suggested that the Maduro operation was meant to distract from purportedly slumping poll numbers, the release of Jeffrey Epstein-related documents, and to essentially seize another country’s oil reserves.

“Trump is a total failure,” Wiener said. “By engaging in this reckless act, Trump is also making the entire world less safe … Trump is making clear yet again that, under this regime, there are no rules, there are no laws, there are no norms – there is only whatever Trump thinks is best for himself and his cronies at a given moment in time.”

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GREENE HITS TRUMP OVER VENEZUELA STRIKES, ARGUES ACTION ‘DOESN’T SERVE THE AMERICAN PEOPLE’

In response, the White House said the administration’s actions against Maduro were “lawfully executed” and included a federal arrest warrant.”

“While Democrats take twisted stands in support of indicted drug smugglers, President Trump will always stand with victims and families who can finally receive closure thanks to this historic action,” White House spokeswoman Anna Kelly said.

Supporters of the operation have pushed back on claims of “regime change” – an accusation Wiener also made – pointing to actions by Maduro-aligned courts that barred top opposition leader María Corina Machado from running, even as publicly reported results indicated her proxy, Edmundo González Urrutia, won the vote.

“Trump’s illegal invasion of Venezuela isn’t about drugs, and it isn’t about helping the people of Venezuela or restoring Venezuelan democracy,” Wiener added. “Yes, Maduro is awful, but that’s not what the invasion is about. It’s all about oil and Trump’s collapsing support at home.”

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EX-ESPN STAR KEITH OLBERMANN CALLS FOR IMPEACHMENT OF TRUMP OVER VENEZUELA STRIKES THAT CAPTURED MADURO

Around the country, a handful of other Democrats referenced impeachment or impeachable offenses, but did not go as far as Wiener in demanding such proceedings.

Rep. April McClain-Delaney, D-Md., who represents otherwise conservative “Mountain Maryland” in the state’s panhandle, said Monday that Democrats should “imminently consider impeachment proceedings,” according to TIME.

McClain-Delaney said Trump acted without constitutionally-prescribed congressional authorization and wrongly voiced “intention to ‘run’ the country.”

SCHUMER BLASTED TRUMP FOR FAILING TO OUST MADURO — NOW WARNS ARREST COULD LEAD TO ‘ENDLESS WAR’

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One frequent Trump foil, Rep. Maxine Waters, D-Calif., cited in a statement that she has called for Trump’s impeachment in the past; blaming Republicans for letting the president “escape accountability.”

“Today, many Democrats have understandably questioned whether impeachment is possible again under the current political reality. I am reconsidering that view,” Waters said. 

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“What we are witnessing is an unprecedented escalation of an unlawful invasion, the detention of foreign leaders, and a president openly asserting power far beyond what the Constitution allows,” she said, while appearing to agree with Trump that Maduro was involved in drug trafficking and “collaborat[ion] with… terrorists.”

Wiener’s upcoming primary is considered the deciding election in the D+36 district, while a handful of other lesser-known candidates have reportedly either filed FEC paperwork or declared their candidacy, including San Francisco Councilwoman Connie Chan.

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California Congressman Doug LaMalfa dies, further narrowing GOP margin in Congress

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California Congressman Doug LaMalfa dies, further narrowing GOP margin in Congress

California Rep. Doug LaMalfa (R-Richvale) has died, GOP leadership and President Trump confirmed Tuesday morning.

“Jacquie and I are devastated about the sudden loss of our friend, Congressman Doug LaMalfa. Doug was a loving father and husband, and staunch advocate for his constituents and rural America,” said Rep. Tom Emmer (R-Minn.), the House majority whip, in a post on X. “Our prayers are with Doug’s wife, Jill, and their children.”

LaMalfa, 65, was a fourth-generation rice farmer from Oroville and staunch Trump supporter who had represented his Northern California district for the past 12 years. His seat was one of several that was in jeopardy under the state’s redrawn districts approved by voters with Proposition 50.

Emergency personnel responded to a 911 call from LaMalfa’s residence at 6:50 p.m. Monday, according to the Butte County Sheriff’s Office. The congressman was taken to the Enloe Medical Center in Chico, where he died while undergoing emergency surgery, authorities said.

An autopsy to determine the cause of death is planned, according to the sheriff’s office.

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LaMalfa’s district — which stretches from the northern outskirts of Sacramento, through Redding at the northern end of the Central Valley and Alturas in the state’s northeast corner — is largely rural, and constituents have long said they felt underrepresented in liberal California.

LaMalfa put much of his focus on boosting federal water supplies to farmers, and seeking to reduce environmental restrictions on logging and extraction of other natural resources.

One LaMalfa’s final acts in the U.S. House was to successfully push for the reauthorization of the Secure Rural Schools Act, a long-standing financial aid program for schools surrounded by untaxed federal forest land, whose budgets could not depend upon property taxes, as most public schools do. Despite broad bipartisan support, Congress let it lapse in 2023.

In an interview with The Times as he was walking onto the House floor in mid-December, LaMalfa said he was frustrated with Congress’s inability to pass even a popular bill like that reauthorization.

The Secure Rural Schools Act, he said, was a victim of a Congress in which “it’s still an eternal fight over anything fiscal.” It is “annoying,” LaMalfa said, “how hard it is to get basic things done around here.”

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In a statement posted on X, California Democratic Sen. Adam Schiff said he considered LaMalfa “a friend and partner” and that the congressman was “deeply committed to his community and constituents, working to make life better for those he represented.”

“Doug’s life was one of great service and he will be deeply missed,” Schiff wrote.

Democratic Gov. Gavin Newsom in a statement called LaMalfa a “devoted public servant who deeply loved his country, his state, and the communities he represented.”

“While we often approached issues from different perspectives, he fought every day for the people of California with conviction and care,” Newsom said.

Flags at the California State Capitol in Sacramento will be flown at half-staff in honor of the congressman, according to the governor.

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Before his death, LaMalfa was facing a difficult reelection bid to hold his seat. After voters approved Proposition 50 in November — aimed at giving California Democrats more seats in Congress — LaMalfa was drawn into a new district that heavily favored his likely opponent, State Sen. Mike McGuire, a Democrat who represents the state’s northwest coast.

LaMalfa’s death puts the Republican majority in Congress in further jeopardy, with a margin of just two votes to secure passage of any bill along party lines after the resignation of Georgia Rep. Marjorie Taylor Greene on Monday evening.

Adding to the party’s troubles, Rep. Jim Baird, a Republican from Indiana, was hospitalized on Tuesday for a car crash described by the White House as serious. While Baird is said to be stable, the Republican House speaker, Mike Johnson from Louisiana, will not be able to rely on his attendance. And he has one additional caucus member – Thomas Massie of Kentucky – who has made a habit of voting against the president, bringing their margin for error down effectively to zero.

President Trump, addressing a gathering of GOP House members at the Kennedy Center, addressed the news at the start of his remarks, expressing “tremendous sorrow at the loss of a great member” and stating his speech would be made in LaMalfa’s honor.

“He was the leader of the Western caucus – a fierce champion on California water issues. He was great on water. ‘Release the water!’ he’d scream out. And a true defender of American children.”

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“You know, he voted with me 100% of the time,” Trump added.

A native of Oroville, LaMalfa attended Butte College and then earned an ag-business degree from Cal Poly San Luis Obispo. He served in the California Assembly from 2002 to 2008 and the California State Senate from 2010 to 2012. Staunchly conservative, he was an early supporter of Proposition 209, which ended affirmative action in California, and he also pushed for passage of the Protection of Marriage Act, Proposition 22, which banned same-sex marriage in California.

While representing California’s 1st District, LaMalfa focused largely on issues affecting rural California and other western states. In 2025, Congressman he was elected as Chairman of the Congressional Western Caucus, which focuses on legislation affected rural areas.

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Federal officials to halt more than $10B in funding to 5 states over non-citizen benefit concerns: report

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Federal officials to halt more than B in funding to 5 states over non-citizen benefit concerns: report

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The Trump administration is moving to freeze more than $10 billion in federal child care and social services funding to five Democrat-led states amid concerns taxpayer dollars were improperly diverted to non-citizens, according to a report.

Officials reportedly told The New York Post that the Department of Health and Human Services (HHS) will freeze funding from the Child Care Development Fund (CCDF), the Temporary Assistance for Needy Families (TANF) program, and the Social Services Block Grant, affecting California, Colorado, Illinois, Minnesota, and New York over concerns the benefits were fraudulently funneled to non-citizens.

More than $7.3 billion in TANF funding would be withheld from the five states, along with nearly $2.4 billion from the CCDF and another $869 million from the Social Services Block Grant.

The funding pauses were expected to be announced in letters sent to state officials Monday, citing concerns that benefits were improperly directed to non-U.S. citizens.

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ABBOTT ORDERS COMPREHENSIVE FRAUD PROBE INTO TEXAS CHILD CARE FUNDING AFTER MINNESOTA SCANDAL

The Department of Health and Human Services (HHS) will freeze funding from the Child Care Development Fund (CCDF), the Temporary Assistance for Needy Families (TANF) program, and the Social Services Block Grant, affecting California, Colorado, Illinois, Minnesota, and New York over concerns the benefits were fraudulently funneled to non-citizens, according to a report. (Kayla Bartkowski/Getty Images)

A 2019 audit by the Department of Health and Human Services Office of Inspector General found that New York State improperly claimed $24.7 million in federal reimbursement for child care subsidies paid to New York City that did not comply with program rules.

The audit attributed the overbilling to system errors and oversight failures – not criminal fraud – and state officials agreed to refund the funds and implement corrective controls, according to the report.

Following the release of details surrounding the potential funding freeze, New York Democrats sharply criticized the Trump administration’s move, arguing it would harm families who rely on child care assistance.

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MINN. LAWMAKER ‘NOT SURPRISED’ BY WALZ ENDING CAMPAIGN, SAYS THERE WILL BE NO ‘STONE UNTURNED’ IN HEARINGS

Sen. Kirsten Gillibrand, D-N.Y., accused the administration of using the issue for political retaliation and warned it would hurt children and low-income families across the state.

“Trump is threatening to freeze child care funding in New York and targeting our children for political retribution. It’s immoral and indefensible,” she wrote in a post on X. “I’m demanding the administration abandon any plans to freeze this funding and stop hurting New York families.”

Along with her post, Gillibrand also shared a public statement regarding the freezing of funds.

HHS CUTS OFF MINNESOTA CHILD CARE PAYMENTS OVER ALLEGED DAYCARE FRAUD SCHEME

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Sen. Kirsten Gillibrand, D-N.Y., spoke out after the Trump administration moved on Jan. 5, 2026, to freeze billions in federal child care and social services funding to several blue states. (Getty Images)

“My faith guides my life and public service. It’s our job to serve the people most in need and most at risk – no matter what state they live in or what political party their family or elected representatives belong to,” she said. “To use the power of the government to harm the neediest Americans is immoral and indefensible.

“This has nothing to do with fraud and everything to do with political retribution that punishes poor children in need of assistance,” Gillibrand added. “I demand that President Trump unfreeze this funding and stop this brazen attack on our children.”

The NY Post first reported that in December, HHS sent letters to Walz and Minneapolis Mayor Jacob Frey seeking information on whether billions in taxpayer funds may have unlawfully helped “fuel illegal and mass migration.”

Those requests were followed by investigations launched by the Treasury Department and the House Oversight Committee into a growing fraud scandal involving several nonprofits tied to the Somali community in the Twin Cities.

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An estimated 130,000 illegal migrants were living in Minnesota as of 2023 — about 40,000 more than in 2019 and roughly 2% of the state’s population — according to the Pew Research Center. The state’s Somali diaspora exceeds 100,000 people, with most concentrated in the Minneapolis–St. Paul area.

The news on Monday came the same day Minnesota Gov. Tim Walz announced he was dropping his bid for a third term as governor amid stinging criticism of his handling of the state’s massive welfare assistance fraud scandal.

KAROLINE LEAVITT WARNS ‘PEOPLE WILL BE IN HANDCUFFS’ AS FEDS ZERO IN ON MINNESOTA FRAUD SCANDAL

GOP lawmakers in Minnesota are calling for Gov. Tim Walz to resign over the exploding fraud crisis. (Getty Images)

Walz launched his bid for a third four-year term as Minnesota governor in September, but in recent weeks has been facing a barrage of incoming political fire from President Donald Trump and Republicans, and some Democrats, over the large-scale theft in a state that has long prided itself on good governance.

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More than 90 people — most from Minnesota’s large Somali community — have been charged since 2022 in what has been described as the nation’s largest COVID-era scheme.

How much money has been stolen through alleged money laundering operations involving fraudulent meal and housing programs, daycare centers and Medicaid services is still being tabulated. But the U.S. attorney in Minnesota said the scope of the fraud could exceed $1 billion and rise to as high as $9 billion.

MINNESOTA FRAUD SCANDAL INTENSIFIES DEBATE OVER STRIPPING CITIZENSHIP

Quality Learning Center in Minnesota was found at the center of an alleged childcare fraud scandal in the state. (Madelin Fuerste / Fox News Channel)

Prosecutors said that some of the dozens that have already pleaded guilty in the case used the money to buy luxury cars, real estate, jewelry and international vacations, with some of the funds also sent overseas and potentially into the hands of Islamic terrorists.

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Trump addressed Walz’s announcement of leaving the race on Monday, in a post on Truth Social. “Minnesota’s Corrupt Governor will possibly leave office before his Term is up but, in any event, will not be running again because he was caught, REDHANDED, along with Ilhan Omar, and others of his Somali friends, stealing Tens of Billions of Taxpayer Dollars,” the president wrote. “I feel certain the facts will come out, and they will reveal a seriously unscrupulous, and rich, group of ‘SLIMEBALLS.’

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“Governor Walz has destroyed the State of Minnesota, but others, like Governor Gavin Newscum, JB Pritzker, and Kathy Hochul, have done, in my opinion, an even more dishonest and incompetent job,” Trump added. “NO ONE IS ABOVE THE LAW!”

Fox News Digital’s Paul Steinhauser and Andrew Mark Miller contributed to this report.

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