Sun. Jul 14th, 2024

Judge: Michael Cohen, Stormy Daniels may testify in Trump’s trial.

By b0oua Mar 19, 2024
News

On Monday, a court denied a request made by former President Donald Trump to prevent the testimony of his former attorney Michael Cohen and pornographic actress Stormy Daniels during his trial.

The motion was made in response to allegations that Cohen did provide Trump with financial assistance on his behalf. Before the election in 2016, actress Daniels agreed to remain silent in exchange for peace.

Last month, Mr. Trump submitted a request to Judge Juan Merchan to prevent their evidence from being presented. He said that Cohen had lied on multiple occasions, that he was likely to lie in his testimony, and that Daniels, whose actual name is Stephanie Clifford, would attempt to use the court process to profit from the spotlight that was on him.

The reason that Judge Merchan gave for his decision to deny former President Trump’s request for his former attorney Cohen was that he was not aware of any legal basis that would allow him to exclude a prosecution witness due to concerns regarding his reliability.

The Republican candidate for president has entered a plea of not guilty to all 34 charges against him, alleging that he fabricated business records in order to conceal the fact that he had reimbursed former attorney Cohen for the amount that he paid Ms.

Daniels in exchange for her silence regarding an intimate relationship that she claims she had with Mr. Trump in 2006. Former President Trump has denied that he has any such contact.

A trial in the case was scheduled to take place on March 25, but due to a dispute that occurred at the very last minute, it was postponed last week until at least the middle of April.

Following the court hearing that took place on March 25, Judge Merchan is anticipated to schedule a new trial date. There was a refusal to comment from a representative of Manhattan District Attorney Alvin Bragg, whose office was responsible for filing charges against Mr. Trump in the previous year. It was even the attorneys for the former president who declined to speak.

As Mr. Trump is anticipated to compete against Democratic Vice President Joe Biden in the election that will take place on November 5, this case is one of four criminal allegations that he is facing. On all of the accusations, he has entered a plea of not guilty.

It was a victory for Mr. Trump when Judge Merchan ruled that prosecutors in the New York case could question witnesses about a video from “Access Hollywood” in which he was heard speaking inappropriately about women.

However, the judge agreed with the reasoning of the former president, who stated that showing that video to the jury could cause “undue prejudice” against him.

It has been said by the prosecutors in Manhattan that the attempt made by Donald Trump to exclude Michael Cohen as a witness in the criminal trial that is taking place this month regarding hush money payments is “unprecedented” and improper.

In a document that was made on Tuesday, the office of District Attorney Alvin Bragg stated that it is opposed to some of the moves that the former president has made to keep jurors from viewing specific evidence in the case. These motions include Cohen’s testimony as well as the tape that was obtained from “Access Hollywood.”

The arguments presented by Trump are described as being “more like a press release than a legal filing,” according to the office of the district attorney.

“The defendant has the right to advocate with maximum zeal. The prosecution went on to say that he does not have the right to provide “alternative facts.”

During a press conference held at 40 Wall Street on January 17, 2024 in New York City, former President Donald Trump delivers a speech to the media.

Trump is making an effort to exclude testimony from Cohen, his former attorney, as well as material linked to other alleged “catch and kill” activities that Trump’s circle carried out before to the presidential election in 2016.

The testimony of Cohen is essential to the prosecution’s case against Trump. Just a few days before the election in 2016, Cohen made a hush money payment of $130,000 to adult film star Stormy Daniels.

The intended purpose of this payment was to prevent Daniels from going public with her allegations that she had an affair with Trump more than a decade earlier. Prosecutors claim that Trump paid Cohen back and then fabricated business papers in order to make it appear as though the payment was legitimate. Trump has denied having an affair and has entered a plea of not guilty.

Cohen has been accused of perjury on multiple occasions, the most recent of which occurred during Trump’s civil fraud trial. As a result, Trump and his legal team have requested that Judge Juan Merchan prevent Cohen from testifying. A charge of perjury was not brought against Cohen during the trial.

According to their most recent filing, the prosecution has stated that they anticipate Cohen to provide accurate testimony during the impending trial, which will be supported by evidence and other witnesses. In addition, they note the recent civil fraud ruling that was handed down against Trump. Judge Arthur Engoron determined that Cohen was reliable and “told the truth” while he was testifying in that trial, which took place in the fall of last year.

It is possible for the defendant to dispute Cohen’s credibility by conducting cross-examinations on him regarding a range of topics, including his earlier guilty pleas, according to the statements made by the prosecution. “To the extent that the defendant nonetheless believes the jury should disbelieve Cohen’s testimony at trial,”

According to the declaration made by the district attorney’s office, evidence of other “catch and kill” methods is pertinent and ought to also be presented during the trial.

The prosecution intends to present evidence of two instances in which American Media Inc., the company that publishes the National Enquirer, and David Pecker, who was serving as Chairman and Chief Executive Officer at the time, collaborated directly with Donald Trump to suppress negative press in support of his presidential campaign. This scheme resulted in a series of transactions involving Daniels, Dino Sajudin, and Karen McDougal.

However, the manner in which the other transactions were carried out demonstrates the “unified nature” of the conspiracy, according to the prosecution, and the jury ought to be allowed to take this into consideration as supporting evidence. The payment that was made to Daniels was not made by AMI; rather, it was made by Cohen.

The legal team representing Bragg believes that the court ought to dismiss Trump’s contention that Cohen and AMI’s admissions of guilt do not undermine their credibility but, on the contrary, make them more trustworthy witnesses. Both Cohen’s guilty plea and the non-prosecution deal with AMI “explain why the witness possesses firsthand knowledge,” according to the prosecution.

In 2018, Cohen entered a guilty plea in federal court to federal crimes relating to the scheme that is at issue in this case. Pecker also signed a non-prosecution agreement, which forces him to cooperate and testify throughout the trial.

Additionally, the District Attorney’s office has reaffirmed their position that the infamous “Access Hollywood” tape need to be presented during the trial. As an example, the prosecution cites the federal defamation lawsuit against Trump that was brought by E. Jean Carroll. In that case, Judge Lewis Kaplan allowed the “Access Hollywood” tape to be shown as evidence, stating that it “is uniquely probative” of Trump’s mental condition.

According to the prosecution, the date of the public release of the tape, which occurred in the fall of 2016, is connected to the agreement with Daniels.

“In point of fact, the evidence will demonstrate that the release of the Access Hollywood Tape caused a panic within the campaign regarding the electoral prospects of the defendant, and that this panic ultimately served as the catalyst for the consummation of the Stormy Daniels payoff.”

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