The Boston Globe

Prosecutor­s warned to keep Cohen quiet

Judge says he must stop his taunts at Trump

- By Jake Offenhartz and Jennifer Peltz

new YoRk — with Donald Trump’s fixer-turned-foe michael cohen expected to take the witness stand monday, the judge in the former president’s hush money case issued prosecutor­s a stern warning: get cohen to stop his taunting posts and jabs at Trump.

Judge Juan m. merchan’s comments came as a dramatic and consequent­ial week in the first criminal trial of a former president drew to a close Friday.

prosecutor­s have been building up their case ahead of crucial testimony from cohen, who arranged the $130,000 payout to porn actress stormy Daniels to keep her from going public ahead of the 2016 election about an alleged sexual encounter with Trump a decade earlier. Trump denies ever having sex with Daniels.

Defense attorneys will argue that the disbarred lawyer who served prison time is out to get the former president and cannot be believed.

Two people familiar with the matter said cohen is expected to take the stand monday. The people could not discuss the matter publicly and spoke on condition of anonymity.

Trump’s lawyers complained after cohen this week wore a shirt featuring a figure resembling the former president behind bars in a social media video. They have argued it’s unfair Trump is under a gag order that prevents him from speaking publicly about witnesses while cohen has continued to post about Trump on social media.

“it’s becoming a problem every single day that president Trump is not allowed to respond to this witness, but this witness is allowed to continue to talk,” defense attorney Todd blanche said.

merchan told prosecutor­s they should inform cohen “that the judge is asking him to refrain from making any more statements” about the case or about Donald Trump. prosecutor­s told the judge they had already requested that cohen and other witnesses not talk about the case but had no direct means of controllin­g their behavior.

as the third week of testimony wrapped up Friday, the case that ultimately hinges on record-keeping returned to deeply technical testimony — a sharp contrast from Daniels’s dramatic, if not downright seamy, account of the alleged sexual encounter with Trump that riveted jurors earlier this week.

The prosecutio­n could rest its case by the end of next week, prosecutor Joshua steinglass said.

Jurors saw social media posts showing that Trump initially praised cohen after the then-lawyer came under federal investigat­ion. Trump started bashing him after cohen pleaded guilty to campaign-finance violations, along with other crimes, and claimed Trump directed him to arrange the payment for Daniels. Trump was never charged with any crime related to that federal investigat­ion.

Trump, who was visibly angry during much of Daniels’s testimony, chatted frequently with his lawyers and read through a stack of papers on the table in front of him as jurors

‘It’s becoming a problem every single day that President Trump is not allowed to respond to this witness.’ ToDD blanche, defense attorney

heard from witnesses, including aT&T and verizon workers, who authentica­ted phone records.

leaving the courthouse, Trump addressed the allegation at the heart of the case: that he falsified his company’s records to conceal the nature of hush money reimbursem­ents to cohen.

“a very good bookkeeper marked a legal expense as a legal expense,” Trump said. “he was a lawyer, not a fixer,” he added, referring to cohen.

Friday’s dry testimony appeared to test jurors’ patience at times.

one juror stifled a yawn while another stretched out his arms. others shifted their gaze around the room or stared up at the ceiling.

in one of the livelier moments, Trump attorney emil bove asked a paralegal about the “tedious” work of going through lengthy phone, data, and other records and preparing charts from them.

“actually, i kind of enjoyed it,” the paralegal said matter-offactly, to chuckles from the courtroom audience.

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