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Michael Cohen has not been shy about his contempt for Donald Trump—up until last week, he was proudly broadcasting it to the world every single day on his TikTok account in the form of nightly live sessions. Meanwhile, Manhattan District Attorney Alvin Bragg has been preparing for Cohen to take the witness stand any day now in the ongoing hush money trial, but Cohen’s online presence could become a serious problem.

Since 2018, Cohen has been testifying about some of Trump’s most damning acts, including his propensity for inflating the Trump Organization’s real estate portfolio to gain access to bank loans, conspiring with Russia, and orchestrating hush money payments to women who claimed they slept with Trump in the run-up to the 2016 election. (Trump has denied having any affairs.)

That last admission led Bragg to indict and charge Trump with 34 counts of falsifying business records in the first degree. The indictment is largely built on Cohen’s testimony; he told a grand jury that in 2016 he worked alongside Trump to coordinate hush money payments to at least two women who claimed they had affairs with Trump, in order to protect his presidential campaign.

Alongside this formal testimony, Cohen has also been providing more off-the-cuff hot takes on TikTok. Since the hush money trial began on April 15, Cohen has been taking questions on the app and regularly bashing Trump. According to an analysis by ABC News, at one point Cohen said, “Trump 2024? More like Trump 20–24 years.”

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This could hurt Cohen’s credibility in the eyes of jurors, Kevin McMunigal, a criminal law professor at Case Western Reserve University and a former federal prosecutor, explained in an interview with Slate. “All these negative things he’s saying just reconfirm his bias,” he said. While prosecutors have no power to control what Cohen says publicly, he explained, typically they would highly discourage witnesses from making public statements about a defendant the way Cohen has. Especially because anything Cohen says online could potentially contradict his testimony in court, creating a major headache for prosecutors.

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Cohen’s social media presence also puts a target on his back with the defense team, because lawyers for Trump can point to Cohen’s posts as evidence that he’s biased against the former president and therefore not a trustworthy witness. Making matters worse for Cohen is the fact that he has financially benefited from bashing Trump online, since some TikTok users chose to donate to him. “The more he trashes Trump on TikTok, the more likes and money he’s getting,” said McMunigal. The defense could argue this shows Cohen is biased and gives him a reason to lie about Trump. (Cohen previously pleaded guilty to lying to Congress, too.)

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However, as frustrating as this may be to prosecutors, McMunigal noted that Cohen’s testimony is just one element of their strategy. “Corroborate, corroborate, corroborate,” is the name of the game, said McMunigal, and that means using multiple witnesses to confirm what exactly went down. For instance, prosecutors kicked off the hush money trial with David Pecker, the former CEO of American Media Inc., as their first witness, and he testified that he also worked alongside Cohen and Trump to execute at least two hush money payments.

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Plus, there’s Stormy Daniels, the porn actor at the heart of Bragg’s indictment. She’s already publicly said she received a hush money payment to stay silent about her affair allegations with Trump, and last year her lawyer confirmed she was cooperating with Bragg’s office. “The idea that Pecker is lying, that Stormy Daniels is lying, and Cohen’s lying, all that together, is too much for most people to accept,” said McMunigal. “I don’t think [jurors] have any problem accepting what Cohen’s testifying to.”

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McMunigal believes prosecutors will try to get ahead of Cohen’s bias problem, addressing it head-on with the jury before he takes the witness stand or before the defense brings it up—a tactic McMunigal said is known as “taking the sting out.” They also will likely explain to jurors that Cohen is a key witness because “Trump chose him to be part of this hush money deal,” said McMunigal.

Cohen has likely realized the error of his ways, because he doesn’t appear to have hosted any more live sessions on TikTok since last week. And Cohen recently said, “I will cease posting anything about Donald on my X (formerly Twitter) account or on the Mea Culpa Podcast until after my trial testimony,” out of respect for presiding New York Supreme Court Justice Juan Merchan and prosecutors.

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QOSHE - Michael Cohen Is Not Exactly an Ideal Star Witness. Just Look at His TikTok. - Shirin Ali
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Michael Cohen Is Not Exactly an Ideal Star Witness. Just Look at His TikTok.

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01.05.2024
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Michael Cohen has not been shy about his contempt for Donald Trump—up until last week, he was proudly broadcasting it to the world every single day on his TikTok account in the form of nightly live sessions. Meanwhile, Manhattan District Attorney Alvin Bragg has been preparing for Cohen to take the witness stand any day now in the ongoing hush money trial, but Cohen’s online presence could become a serious problem.

Since 2018, Cohen has been testifying about some of Trump’s most damning acts, including his propensity for inflating the Trump Organization’s real estate portfolio to gain access to bank loans, conspiring with Russia, and orchestrating hush money payments to women who claimed they slept with Trump in the run-up to the 2016 election. (Trump has denied having any affairs.)

That last admission led Bragg to indict and charge Trump with 34 counts of falsifying business records in the first degree. The indictment is largely built on Cohen’s testimony; he told a grand jury that in 2016 he worked alongside Trump to coordinate hush money payments to at least two women who claimed they had affairs with Trump, in order to protect his presidential campaign.

Alongside this formal testimony, Cohen has also been providing more off-the-cuff hot takes on TikTok. Since the hush money trial began on April........

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