How Michael Cohen May Help Trump Walk Free in Stormy Daniels Case

The evidence presented by former lawyer Michael Cohen may prove distasteful for some jurors in former President Donald Trump's upcoming hush money case, several legal experts have told Newsweek.

New York attorney Colleen Kerwick told Newsweek that Trump's team may want an attorney to be in the jury because Cohen has been disbarred from practicing law and a lawyer could view him with suspicion.

"The defense may like a practicing lawyer on the jury, who may perceive disbarred lawyer Michael Cohen to be the reasonable doubt in all this," Kerwick told Newsweek.

Trump will make history on Monday by becoming the first former president to go on trial.
Jury selection begins on April 15, when more than 500 New Yorkers will fill out questionnaires about their political beliefs, before 12 are chosen. Six alternate jurors will also be selected for the case.

michael cohen
Former attorney to Donald Trump, Michael Cohen, arrives at Trump's fraud trial in New York City last October. The former Trump lawyer turned foe is expected to prosecution evidence in Trump's hush money case next... Timothy Clary/Getty Images

The prosecution will try to prove that, before the 2016 presidential election, Trump paid two women—adult film star Daniels and former Playboy model Karen McDougal—not to reveal his alleged affairs with them. He is also accused of making payments to a former Trump Tower doorman who claimed to know that Trump allegedly fathered a child with another woman.

Cohen is expected to testify that he paid Daniels $130,000 and arranged for the publisher of the National Enquirer to pay McDougal $150,000. In both cases, Trump's alleged motive was to avoid scandal while he was campaigning against former Secretary of State Hillary Clinton for the presidency.

Trump has strongly denied all allegations and says he is the target of a political witch hunt.

Newsweek sought email comment from attorneys representing Cohen and Trump on Friday.

Kerwick said that the defense will be screening the jury to find out if any of them had read Michael Cohen's memoir, Disloyal, about the time he served as Trump's attorney.

She said they will also want to remove anyone who had read People V. Donald Trump, written by Manhattan prosecutor, Mark Pomerantz, about his time investigating Trump's financial dealings.

"The prosecution would seek to excuse anyone who attended a Trump Rally or is a member of QAnon, whereas the Defense would seek to excuse anyone who has read a book by Mark Pomerantz or Michael Cohen," she said.

QAnon is a right-wing conspiracy theory network that has spread false claims about various Democrats.

Former federal prosecutor, Neama Rahmani, agreed that Cohen may prove unsettling for some jurors.

Rahmani, now the president of the West Coast Trial Lawyers law firm, told Newsweek that the defense will be seeking jurors who will view Cohen's evidence skeptically.

"The defense is going to what jurors who are distrusting and susceptible to conspiracy theories. The District Attorney's Office is relying on a former porn star and a felon and admitted liar in Michael Cohen as their star witnesses, so skeptics on the panel help Trump," he said.

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

About the writer


Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more

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