Bragg, Jackson Pollock, and a Hung Jury

Moreover, on the characterization of payments as part of a “retainer,” the other party to that characterization was former Trump Organization CFO Allen Weisselberg. He is currently in prison in New York, but was not called by the prosecution. The prosecutors elected to rely entirely on Michael Cohen with various witnesses, including Cohen, referencing Weisselberg’s decision on how to pay the money.


That made the canvas itself largely Michael Cohen. All of this is held together by a witness who admitted that he has lied to banks, Congress, prosecutors, business associates, and virtually every creature that has ever walked or crawled on the face of the Earth. He also lied in front of the jury about the critical call where he said that he told Trump about the NDA payment. ...

You can throw paint on Cohen all day, but it will not cover up the fact that he is a pathological liar and grifter.

That is why I still believe that a hung jury might even be the most likely possibility. 

Ed Morrissey

I've been predicting the same thing for the past week, on the basis of Cohen's testimony. Todd Blanche demolished the core of the prosecution case in last Monday's cross-examination by forcing Cohen to admit to doing substantial amounts of legal work for Trump and his family under the retainer agreement -- far more than he did for other corporate clients paying him more per month, in fact. If those really were retainer payments, then no records got falsified, let alone by Trump, whom prosecutors never tied to the actual entering of those ledger notations.

This case shouldn't even go to a jury on that basis alone. But if Merchan allows the jury to get it, expect Blanche to hammer that point home. And I'd bet at least a few jurors got enough of a whiff of Cohen's stench to be open to the argument, too. 

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