Trump's Secret Weapon

But will he use it?

May 20, 2024

So at this writing, Michael Cohen can look forward to a continuing cohen-oscopy on the stand in New York, courtesy of Trump defense attorney Todd Blanche. Suddenly lurking behind it all is the wizened specter of Robert Costello, Cohen’s former attorney, who is now speaking out against his ex-client.

So. Does the defense want Costello on the stand?

(Robert Costello, from his firm’s website)

I say they do. Here’s why.

That Costello would be a devastatingly effective witness for the defense is beyond doubt. He comes off as credible, compelling, and there is virtually nothing the prosecution could throw at him that he hasn’t seen in his 50 years lawyering around New York. They won’t shake him.

So if I’m the defense, I’m not worried about “opening doors I wish I hadn’t.”

But there’s a potential problem: hearsay. Costello will have to get on the stand and relate what he was told, outside the courtroom, by Michael Cohen. And depending on how far he goes, that could be construed as hearsay — meaning Judge Merchan wouldn’t allow it, or severely limit it.

Now, hearsay — defined as “an out-of-court statement offered as truth of the matter asserted” — has many exceptions. There are a number that almost certainly apply here — including an admission by a co-conspirator (more on that below) — but it will be Judge Merchan who will make that call. And he has shown himself to be reliably hostile to Team Trump.

But there’s another path forward for admitting Costello that could avoid hearsay altogether — “prior inconsistent statement.” Under NY rules of evidence, Costello could be brought in to contradict statements Cohen has made on the stand about their prior interactions.

And therein the “game within the game.” While Cohen apparently remembers every conversation he had with Donald Trump eight years ago, he develops amnesia whenever quizzed on the topic of far more recent conversations with Costello. This is no accident.

Cohen appears well-prepared. — I’ll just leave that there. And what’s clear is that Cohen is committed to stating nothing regarding conversations he had with Costello that could be directly contradicted by Costello. Clearly, the prosecution does not want the jury seeing that.

So last Thursday, Todd Blanche tried to maneuver Cohen into saying something concrete about his conversations with Costello. Hence Cohen’s spasmodic amnesia.

Indicating to me: Costello is very much on the mind of Team Trump.

Recall: Costello went public with much of this during the grand jury. It’s only the media (including me) who forgot about him. Clearly, Team Trump has not.

I’ve said in videos I’ve posted that I believe that Trump is likely going to be convicted — but that I doubt it will matter much. Allow me to hedge.

A New York jury will recognize a guy like Costello — especially the two lawyers in the jury box.

If Costello gets to speak freely in that courtroom: the jury hangs.

The Game Within The Game, II

Now, Team Trump knows all the above — and they likely knew it would go this way.

Hence Costello’s appearance in Congress. Exactly while Cohen — what a shock! — was on the stand.

Costello has already told his story — not in court, but in public. This accomplishes two things:

(1) It could pressure Merchan to allow Costello to testify if called; and

(2) If he does not, it provides a narrative for Trump if he’s convicted. The storyline will be (among others): “Merchan wouldn’t even let me use my best witness.”

Now, to be clear: I believe Merchan has tilted heavily to the prosecution. So I get the strategy.

Because with Merchan on the bench here, the court of public opinion might well be the fairest shake Donald Trump will get.

But right now, as I said: I believe Team Trump wants Costello.

The Conspiracy Scorecard

So, here are the sponsors of this ludicrous case. See if you can keep this straight:

Both NYS AG Letitia James and Manhattan DA Alvin Bragg ran on a platform of getting Trump.
In the run-up to a presidential election, lead prosecutor Matt Colangelo leaves the #3 spot in Joe Biden’s DOJ in Washington to come lead the case in Bragg’s office against Donald Trump.
Colangelo also previously worked for NYS AG Letitia James, investigating Trump.
Who also apparently worked for Letitia James as a “Special Assistant” ? Judge Merchan’s wife, Lara Merchan.

All while Merchan’s daughter, Loren Merchan, raises money — and lines her own pockets — for Biden and the political party underpinning all this.

(Loren Merchan, from her company website)

Whatever you think of Donald Trump: this is not the way America is supposed to work.

Merchan could’ve cured a lot of this by simply recusing himself. Not only did he not do that, but recall something. The judge in the previous Manhattan DA prosecution of Trump’s accountant, Allen Weiselberg?

Juan Merchan. Out of this pool of 28 judges.

Funny how that worked out.

So Why Hasn’t The Second Crime Been Named?

Recall, the theory of this case is that it was only elevated to a felony — which the DA needed to get in under the statute of limitations — because the 34 false business entries were allegedly made in service to a second crime.

So why hasn’t this second crime been named?

Procedurally, it gives the DA’s office a ton of wiggle room. If they specify this crime, Team Trump can attack it.

But the prosecution has alluded to the idea that the second crime is a NYS Election statute titled, “Conspiracy to Promote or Prevent Election.” So why didn’t Bragg just charge that? He has jurisdiction over that.

Here’s why: that would require indicating that Trump’s co-conspirator was none other than… Michael Cohen. You know, the lawyer who ostensibly advised Trump on all this. And who is now blaming Trump.

Drama Alert: As much wiggle room as Merchan has allowed the prosecution, I do not see how Bragg’s team can rest until they name this second crime. At which point, the above will become evident. Look for that in the upcoming week.

A Conversation With Phil Holloway

For those with access, join us over at the podcast for a really great conversation with Phil Holloway, Georgia attorney and founder of the Holloway Law Group.

You’ve seen Phil often on Fox News and other outlets, as well as at his own excellent streaming show, “Inside the Law,” available here.

We’re awfully pleased to have him to opine on all the current legal cases obsessing the public, including the Alvin Bragg case, the Fani Willis case, and the Laken Riley murder.

These last two are right in Phil’s wheelhouse, and it shows.

You’ll be surprised — as we were! — by Phil’s opinions regarding whether Fani Willis will be booted from her case; whether the case will be heard before Election Day; if the case is likely ever to be tried at all; and Phil’s online encounter with Michael Cohen himself.

Not to be missed.

And finally…

All I can say is, if you haven’t seen this video yet: you must.

Pitch perfect.

The Ops Desk

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