https://www.nationalreview.com/2024/05/undercover-prosecutor-merchan-helps-bragg-lawlessly-stress-cohens-guilty-plea/?utm_source=
The judge in Trump’s Manhattan criminal trial has stacked the deck against the former president.
Editor’s Note: This is the first of two columns on how Judge Juan Merchan has allowed prosecutors from Manhattan district attorney Alvin Bragg’s office to prove a federal campaign-finance crime against former president Donald Trump by relying on blatantly inadmissible evidence — the guilty pleas of Michael Cohen and a non-prosecution agreement David Pecker struck with the Justice Department. The second column will appear tomorrow.
How far out on a limb is Judge Juan Merchan willing to go to help Manhattan’s elected progressive Democratic district attorney, Alvin Bragg, convict former president Donald Trump based on inadmissible evidence?
Very far.
As I’ll discuss in this column and a second one tomorrow, the inadmissible evidence in question consists of (a) guilty pleas by Trump’s former lawyer, Michael Cohen, to two Federal Election Campaign Act (FECA) felonies in a case brought against him by federal prosecutors in the Southern District of New York (SDNY); and (b) a non-prosecution agreement that former American Media Inc. CEO David Pecker — Trump’s longtime friend, who controlled the National Enquirer — entered into with the Justice Department because he feared being indicted under FECA. (Relatedly, AMI agreed to pay a fine to the FEC.)
To avoid too much redundancy, let’s focus on Cohen’s guilty pleas, which trigger the same legal objections as the non-prosecution agreement and the fine. The two pleas relate to non-disclosure agreements (NDAs) that Cohen helped obtain for Trump’s benefit during the 2016 presidential campaign in connection with two women — Karen McDougal and Stormy Daniels — who claimed to have had extramarital affairs with Trump in 2006. McDougal, a former Playboy model, was paid $150,000 by the National Enquirer, pursuant to an arrangement Cohen, then a lawyer for Trump and the Trump Organization, made with Pecker. Subsequently, when Pecker balked at paying Stormy Daniels (a porn star whose real name is Stephanie Clifford), Cohen paid for that NDA himself — only after, he claims, Trump promised that he’d be reimbursed, which he was in monthly installments in 2017.
We have been over why the guilty pleas are worthless (see, e.g., here and here). In my opinion, as a former SDNY prosecutor who worked there for nearly 20 years — and was a supervisor there for over a decade — they are worthless as evidence. But you needn’t agree with me on that because it is incontestable that they are worthless — or at least should be — as a matter of law.