Expert reveals how hush money prosecutors can get past Michael Cohen's 'perjury baggage'

Former Trump Attorney Michael Cohen gives a short statement to members of the press as he arrives to meet with the Manhattan District Attorney on Feb. 8, 2023, in New York City. - Michael M. Santiago/Getty Images North America/TNS

A star witnesses expected to testify in former President Donald Trump's criminal hush money trial has a shaky record in court, but one expert believes there's a way to turn his liabilities into assets.

Former FBI Director Andrew McCabe appeared on CNN's "The Situation Room" Monday evening to discuss upcoming testimony of Michael Cohen, Trump's trusted personal attorney and fixer, who was sentenced to three-years in prison for tax evasion, lying to banks and Congress, and violating campaign finance laws.

"Every witness brings a certain amount of baggage to their role at the trial and Cohen certainly has a lot, most significantly that perjury conviction," the CNN analyst said.

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"However, prosecutors build cases every day across the country on the backs of witnesses who are troubled...who have criminal convictions, who have lied of committed acts of violence."

McCabe then explained the importance of paper evidence to back up the testimony of witnesses whose credibility is likely to be questioned.

"They're able to rehabilitate those witnesses on the stand with things like documentation," he said.

McCabe suspects whatever the defense may try to undermine Cohen's testimony, there is an undisputed paper trail to back up some of his claims.

Particularly Cohen's revelation of several personal checks (some signed by Trump himself) that were intended to pay back Cohen for fronting sums of money to porn star Stormy Daniels who alleges they engaged in a sexual affair.

That concrete evidence, according to McCabe, could strengthen Cohen's accusations and the prosecutor's case.

"If it's not just going to be that Michael Cohen says, 'I paid Stormy Daniels this amount.' They're going to actually show the check with Donald Trump's signature on it that includes that payment.

"So there is a way to get beyond even significant baggage that Cohen presents."

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