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David Raymond Amos @DavidRayAmos
#nbpoli#cdnpoli
https://www.cbc.ca/news/world/michael-cohen-congressional-testimony-this-week-1.5034504
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Donald Trump's former personal attorney Michael Cohen, left, is scheduled to testify before three congressional committees this week where it's expected he will provide new insights into his past dealings with the U.S. president. (Eduardo Munoz Alvarez/Brendan Smialowski /Getty Images/AFP)
U.S. President Donald Trump's former personal lawyer Michael Cohen is planning Wednesday to pull back the curtain on his ex-boss's alleged criminal conduct. Now, all Cohen needs to do is convince Americans he's telling the truth.
Cohen, a convicted felon who has already pleaded guilty to lying to Congress, testifies at 10 a.m. ET, with the cameras rolling and expectations running high that he will accuse the president of engaging in criminal activity while in office. It will be his second of three back-to-back meetings on Capitol Hill, and the only hearing that will be broadcast.
Cohen was Trump's personal attorney for years and has worked for the president for more than a decade as his fixer. On Wednesday, Cohen will reportedly discuss Trump's alleged use of racist language, and will testify that the president lied about his net worth to evade taxes.
"Michael Cohen appears to have decided he just wants to totally come clean and be transparent and tell the entire world what he knows, regardless of any tangible benefit he might get from the government," said Greg Brower, former head of the FBI's Office of Congressional Affairs. "That's a huge problem for the president, potentially."
Here are some key considerations as Cohen prepares to testify:
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Cohen arrives at the Hart Senate Office Building before testifying to the Senate Intelligence Committee on Capitol Hill on Tuesday in Washington, D.C. He testifies again Wednesday in a public hearing. (Mark Wilson/Getty Images)Cohen knows a lot about Trump and his business dealings throughout the last decade. "He knows where the proverbial bodies are buried," as Brower says.
That puts Cohen in a position to paint a damning portrait of Trump, the private businessman. The Wall Street Journal reports that Cohen "will make public some of Mr. Trump's private financial statements," and tell Congress that Trump inflated or deflated his net worth to dodge taxes.
The House Committee on Oversight and Reform is expected Wednesday to ask Cohen about matters such as potential corrupt practices in contracting for Trump towers overseas, potential violations of the Foreign Corrupt Practices Act or about his knowledge of whether Trump has paid property taxes.
Cohen is one of a few people who can explain the timeline for negotiations to build a Trump Tower Moscow, and whether the president may have directed him to lie to Congress last year when he said the real-estate negotiations ended in January 2016. (Cohen now admits the discussions continued well into Trump's presidential campaign.)
The former Trump lawyer could also be asked about how directive Trump was on making contacts with Russians.
However, Wednesday's televised testimony will reportedly steer clear of U.S. Special Counsel Robert Mueller's investigation into Russian meddling in the 2016 presidential election. That means the topic of the Trump Tower Moscow timeline should be off the table.
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Trump and Cohen in better times, during an election campaign stop at the New Spirit Revival Center church in Cleveland Heights, Ohio, in September 2016. (Jonathan Ernst/Reuters)Cohen plans to talk about potential criminal activity relating to hush-money payments he facilitated to the pornographic film actress Stormy Daniels and the former Playboy model Karen McDougal, in order to silence both of them about alleged extramarital affairs with Trump.
Cohen has admitted he broke campaign finance laws.
Federal investigators are also investigating the Trump inaugural fund and whether the 2017 inaugural committee received illegal foreign donations by people from Middle Eastern nations. A ProPublica/WNYC investigation found that the inaugural committee paid more than the going rate for venue rental in the Trump Hotel in Washington, D.C., potentially violating tax law while profiting the president.
"If [Cohen] has got information to give, particularly about the money that flowed into the inauguration, then hearing a detailed description of what happened there from his point of view, and whether that violates any federal election law, would be interesting," Michael Zeldin, a former assistant to Mueller, said in an interview.
Listen on Wednesday for precise dates of when alleged crimes were committed. The calendar will matter to prosecutors, as far as whether the five-year statute of limitations for many of the relevant federal crimes may have run out.
A crime has to be indicted within five years, or it's as if it never happened. Under Department of Justice guidelines, a sitting president cannot be indicted. But Trump was inaugurated on Jan. 20, 2017, meaning he could be liable to criminal exposure if he fails to win re-election in 2020.
So it might stand to reason that Trump would have good incentive to run for a second term in 2020 and win in order to avoid possible prosecution. If he can stay in office until 2024, he can outlast the statute of limitations.
All of which is to say what happened between January 2016 and today will be of a lot more interest to prosecutors than what happened before that same time period.
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Washington reporter Keith Boag takes an in-depth look at the Mueller investigation evidence and what we know so far. Correction: An on-screen graphic in this video indicates James Comey was fired on May 9, 2016. He was, in fact, fired on that date in 2017. 12:35What good is Cohen's word in a sworn testimony before Congress? He has, after all, pleaded guilty to lying to the House and Senate intelligence committees in 2017, and will serve time for it beginning in May. Whatever Cohen tells legislators Wednesday, then, won't count for much without corroboration.
"It's like this rock 'n' roll song … where the refrain is, 'Can we corroborate? Can we corroborate?'" Zeldin said. "Everything has to be corroborated because as a bald witness — meaning Cohen, alone — he has a credibility problem."
Cohen was sentenced to three years in December. He does not have a co-operation agreement with the U.S. District Court for the Southern District of New York (SDNY).
William Yeomans, a fellow in law and government at American University, said that while Cohen "undoubtedly has devastating information" about Trump, selling himself as honest will be his biggest challenge as Republicans will try to undercut his credibility.
"A segment of the public will not accept Cohen's testimony, no matter how credible," he said. "Cohen's testimony should help define how large that segment is."
The prospect of a lighter prison sentence will have important bearing on who Cohen's audience is when he speaks.
So Cohen's target audience is narrow, said former federal prosecutor Julie Grohovsky. He needs to fall back into the good graces of the SDNY, which can file a "Rule 35" motion for him under the Federal Rules of Criminal Procedure.
The SDNY's office previously recommended a "substantial term of imprisonment" of up to 63 months for Cohen, citing his decision "not to pursue full co-operation." Cohen now has another chance to make things right within one year of his sentencing, and convince prosecutors to request leniency in court.
Legal scholars say Cohen has likely already sought SDNY's blessing before testifying. But there's a possibility prosecutors will learn something new from him on Wednesday.
"If he's bringing forward things in this hearing that are topics prosecutors are interested in, he has a chance of getting this Rule 35 motion and getting a [sentence] reduction," Grohovsky said. "So while he cares what the general public thinks, he cares very much that prosecutors want to talk with him some more."
Trump has already been accused of witness tampering, after he tweeted ominously to "watch" Cohen's father-in-law. Last month, Cohen withdrew his commitment to testify, with his lawyer citing "threats against this family" by the president. On the eve of Cohen's Wednesday testimony, Republican congressman Matt Gaetz of Florida also tweeted a warning, hinting at disclosures about Cohen's "girlfriends" to his wife.
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Cohen is expected to testify about the intimidation on Wednesday. He will also reportedly tell lawmakers about alleged racist statements the president has made in his presence, a potential revelation that wouldn't so much have any legal implications as it would further damage Trump's character.
"If Michael Cohen says, 'Yes, I heard the president use the N-word in my presence numerous times, and I have recording after recording of that, and I'm going to share them on the internet for all the world to hear,' well, that's not a crime," Zeldin said. "That's theatre. And people will do with it as they want."
Impugning the president's character isn't really a legal matter, but it is salacious. A number of House progressives on the panel, including Rashida Tlaib and Alexandria Ocasio-Cortez, will get a chance to grill Cohen before live TV cameras.
Testimony that embarrasses the president is one thing; testimony that suggests criminal liability is quite another, and it will demand corroboration, said Mark Osler, a criminal law scholar and expert on sentencing.
"There's no doubt there's a political element to this whole thing," he said. "One thing that we can certainly hope for is that members of the committee will use this as an opportunity to ask questions as opposed to make speeches because there are legitimate questions that should be asked."
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David Raymond Amos @DavidRayAmos
https://www.cbc.ca/news/world/michael-cohen-congressional-testimony-this-week-1.5034504
What Michael Cohen knew: 7 things to keep in mind as he testifies publicly about Trump
Comments
Barry Lane
What a dungheap of neocon values and criminality. I wonder what the American right tells their children these days? What a fine sense of Christian values they support?
James Holden
@Barry Lane
Mega churches have twisted "Christian values" into money worship.
The opposite of Jesus' teachings.
Mega churches have twisted "Christian values" into money worship.
The opposite of Jesus' teachings.
Jason Reeves
@Barry Lane
Two Corinthians walk into a bar....
Two Corinthians walk into a bar....
Brian Cohen
@Barry Lane
Now where did I read something about adultery, bearing false witness (aka lying) and coveting thy neighbour’s wife all being “bad” things??
Now where did I read something about adultery, bearing false witness (aka lying) and coveting thy neighbour’s wife all being “bad” things??
Steve Cowell
@Barry Lane
No, they tell their children how treacherous liberals are. Just like Rush Limbaugh told them.
No, they tell their children how treacherous liberals are. Just like Rush Limbaugh told them.
Rob Bondar
@Barry Lane
Neocons arent just on the right these days...care to comment on the Dems inseparable foreign policy? Venezuela anyone?
Neocons arent just on the right these days...care to comment on the Dems inseparable foreign policy? Venezuela anyone?
David Amos
@Barry Lane Google the following and enjoy
david amos trump cohen nafta fatca
david amos trump cohen nafta fatca
Jim Payne
Trump, America's big embarrassment.
Marcie Clarke
@Jim Payne
Self-inflicted embarrassment.
Self-inflicted embarrassment.
Oksana Szulhan
@Inas Johnson,
Some people have no values.
Some people have no values.
David Amos
@Marcie Clarke YUP
Steven Read
Trump supporters seem to have this reasoning fly right over their heads.
If Cohen doesn't tell the truth he will get more jail time. It will be quite a risk if he decides to. There is no incentive not to tell the truth. Simple
If Cohen doesn't tell the truth he will get more jail time. It will be quite a risk if he decides to. There is no incentive not to tell the truth. Simple
Dave Bear
@Steven Read
But there was incentive before and he didn't ?
But there was incentive before and he didn't ?
Steven Read
@Dave Bear
And there it is. Just like I said. That was quick
And there it is. Just like I said. That was quick
Tom Barry
@Steven Read
Trump haters do not see the reason in facts.
Trump haters do not see the reason in facts.
Brent Grywinski
@Tom Barry
Why would anyone in their right mind like Trump?
Why would anyone in their right mind like Trump?
Randolph Neville
@Steven Read ...It's in their DNA...
Randolph Neville
@Tom Barry ...You mean those alt right alternative facts that keep changing with each passing day...
Tom Barry
@Randolph Neville
I won't put my words in your mouth.
I'm comfortable with my principles.
I won't put my words in your mouth.
I'm comfortable with my principles.
Dave Bear
@Brent Grywinski
See Barry , there's the thing , its not about liking Trump at all , he's a goof , the point is the hunt to bring the guy down has been none stop since day one , he farts , its a big news article , why ? he hasn't started a war in the middle East , he hasn't sold uranium , he hasn't don't half the world changing botch ups that past presidents have , yet he's hounded relentlessly ... why ? for being a total goof ?
See Barry , there's the thing , its not about liking Trump at all , he's a goof , the point is the hunt to bring the guy down has been none stop since day one , he farts , its a big news article , why ? he hasn't started a war in the middle East , he hasn't sold uranium , he hasn't don't half the world changing botch ups that past presidents have , yet he's hounded relentlessly ... why ? for being a total goof ?
Steven Read
@Tom Barry
Your principles are to trust someone who has made over 8000 false and misleading statements? Someone who mimics the disabled? Someone who promotes violence at his rallies? I could go on and on. Just where were those principles learned?
Your principles are to trust someone who has made over 8000 false and misleading statements? Someone who mimics the disabled? Someone who promotes violence at his rallies? I could go on and on. Just where were those principles learned?
Tom Barry
@Steven Read
"Your principles are to trust someone who has made over 8000 false and misleading statements?"
I won't put my words in your mouth.
I'm comfortable with my principles.
"Your principles are to trust someone who has made over 8000 false and misleading statements?"
I won't put my words in your mouth.
I'm comfortable with my principles.
Mick Loosemore
@Brent Grywinski
I'm sure that any of us do
I'm sure that any of us do
Tom Barry
@Mikael Maus
Personal insults are a sign of insecurity.
Personal insults are a sign of insecurity.
Rick E. Williams
@Dave Bear
Why? Because he may well have been installed by the Russians. Because he is a racist. Because he assaults women. Because he lies to a degree that makes even seasoned politicians blush. Because his policies are populist nonsense . Because he has no idea what he is doing and is totally uninformed on the things he is making decisions about. Because he denies science and facts generally. Because he surrounds himself with crooks. Oh, yes and from the beginning because with 2M fewer votes than his opponent he stole the presidency . Sure somewhere along the line even Trump has to get something right and he probably will but to get back to your observation it is generally better for everyone, even non-Americans (except maybe the Russians, Chinese and Saudis) if the president of the United States of America is not a goof.
Why? Because he may well have been installed by the Russians. Because he is a racist. Because he assaults women. Because he lies to a degree that makes even seasoned politicians blush. Because his policies are populist nonsense . Because he has no idea what he is doing and is totally uninformed on the things he is making decisions about. Because he denies science and facts generally. Because he surrounds himself with crooks. Oh, yes and from the beginning because with 2M fewer votes than his opponent he stole the presidency . Sure somewhere along the line even Trump has to get something right and he probably will but to get back to your observation it is generally better for everyone, even non-Americans (except maybe the Russians, Chinese and Saudis) if the president of the United States of America is not a goof.
Jim LaPalmier
@Tom Barry
"Trump haters do not see the reason in facts"
Trump lovers do not 'see' facts.
"Trump haters do not see the reason in facts"
Trump lovers do not 'see' facts.
David Amos
@Jim LaPalmier True
Sandy Gillis
@Tom Barry
"@Steven Read
"Your principles are to trust someone who has made over 8000 false and misleading statements?"
I won't put my words in your mouth.
I'm comfortable with my principles."
I've gotta ask, what are you trying to say with this post? Are you comfortable with all the false and misleading statements because his actions support your core principles? Or do you not think he makes all of those false and misleading statements?
"@Steven Read
"Your principles are to trust someone who has made over 8000 false and misleading statements?"
I won't put my words in your mouth.
I'm comfortable with my principles."
I've gotta ask, what are you trying to say with this post? Are you comfortable with all the false and misleading statements because his actions support your core principles? Or do you not think he makes all of those false and misleading statements?
David Amos
@Sandy Gillis "Are you comfortable with all the false and misleading statements because his actions support your core principles? "
Methinks you should ask yourself that question after you confer with your lawyer as to how answer yourself N'esy Pas?
Methinks you should ask yourself that question after you confer with your lawyer as to how answer yourself N'esy Pas?
James Holden
It won't only be Donald that will be exposed by Cohen's testimony.
The entire management team of Trump inc. will be implicated.
The entire management team of Trump inc. will be implicated.
Stanley Baird
@James Holden no authority client privilege like we have heard so much about in Canada?
James Holden
@Stanley Baird
Doesn't apply in cases of conspiracy to commit a criminal act.
Doesn't apply in cases of conspiracy to commit a criminal act.
David Amos
@James Holden True
Lon Chaney
Question for Cohen,
Who threatened Stormy and her daughter in the parking lot ?
Who ordered it?....................
Who threatened Stormy and her daughter in the parking lot ?
Who ordered it?....................
Lon Chaney
@Inas Johnson
Journalist killed reporting on Stormy = 0
Journalist killed reporting on Yemen since 2015 = 9
Think about that..........
Journalist killed reporting on Stormy = 0
Journalist killed reporting on Yemen since 2015 = 9
Think about that..........
Content disabled.
David Amos
@Lon Chaney Who murdered Seth Rich?
Stan Smith
Lots of distortion and sham diversion tactics by Trump supporters tonight
Bob Baker
@Stan Smith The desperation of the Trump lovers fraternity is palpable.
Jim LaPalmier
@Stan Smith
The Trump Supporters "circle the wagons"' (or for more 'modern' times, "raise the shields") defense is certainly in full emergency implementation mode tonite !
The Trump Supporters "circle the wagons"' (or for more 'modern' times, "raise the shields") defense is certainly in full emergency implementation mode tonite !
David Amos
@Jim LaPalmier Google David Amos Robert Mueller
John Smith
It is funny how the rule of law means nothing in the US and it is fine for the President and Senators to openly threaten a witness scheduled to appear before the congress! You would think it was a banana republic wouldn't you? LMAO
John Hallberg
@John Smith - or the attempted overthrow of a foreign government .
David Amos
@John Smith Whats so funny? Trudeau is assisting Trump with his nonsense against China and Venezuela while he slaps tariffs on us left right and center
Naomi Forbes
Cohen looks like a broken man destroyed by a narcissist. Trump has also destroyed America.
Jim Payne
@Naomi Forbes
He's a crook looking for atonement.
He's a crook looking for atonement.
Brock Samson
@Naomi Forbes He knew what he was doing when he was doing it. He knew it was illegal and he did it anyway. Which is likely why he kept recordings of all his trump calls. Gotta cover your but
Bob Claxton
@Naomi Forbes How say? America is looking pretty good except for all those other guys.
Brock Samson
@Bob Claxton Except its not looking good. From the healthcare, to the decimated middle class. America is at best a second world country stuck in a plutocracy.
Carol Rodgers
@Naomi Forbes America is destroyed ?? Really ?? When ?? Was it on the News ??? lol
Naomi Forbes
@Carol Rodgers .....it has never been more divided and immoral as in the last 2 yrs.
Carol Rodgers
@Naomi Forbes Which means it is irrevocably destroyed ! ok naomi
The group that felt their candidate was a shoe in and the rightful occupant for the WH have bellowed so loud that the MSM pundits see that as division instead of country wide hissy fit.
immoral ??.because of trump ?? he's forcing the smolletts and griffin's of the world to be immoral ?? Ok then .
The group that felt their candidate was a shoe in and the rightful occupant for the WH have bellowed so loud that the MSM pundits see that as division instead of country wide hissy fit.
immoral ??.because of trump ?? he's forcing the smolletts and griffin's of the world to be immoral ?? Ok then .
Corinne O'Connor
@Bob Claxton
Just read article today re which countries were the most corrupt in the world; under Trump America ranked 14th. Under Obama America was not even on the list. Canada was not the list either.
Just read article today re which countries were the most corrupt in the world; under Trump America ranked 14th. Under Obama America was not even on the list. Canada was not the list either.
David Amos
@Naomi Forbes Cohen is playing games
Naomi Forbes
Americans have no right criticizing leaders of other nations as being corrupt and immoral when all they have to do is look at their own "leader". Trump is by far the worst President they have ever had.
John Williams
@Naomi Forbes
He still has a lot of distance to go to beat Woodrow Wilson, the guy who nationalized segregation, allowed lynchings, kicked blacks out of the major leagues, and allowed the Germans to take over half the world in WWI.
He still has a lot of distance to go to beat Woodrow Wilson, the guy who nationalized segregation, allowed lynchings, kicked blacks out of the major leagues, and allowed the Germans to take over half the world in WWI.
Carol Rodgers
@Naomi Forbes But Canadians have a right to label the president of another country as the worst they have ever had. Sounds reasonable if one were a hypocrite
David Amos
@Naomi Forbes Are our leaders any better?
James Holden
Cohen will tell the truth this week.
His 3 year sentence is forfeit if he lies and Mueller+ the Southern District of NY have the facts.
Trump is burnt.
His 3 year sentence is forfeit if he lies and Mueller+ the Southern District of NY have the facts.
Trump is burnt.
Rob Scott
@James Holden
which explains his colour
which explains his colour
David Amos
@James Holden Methinks it would not be wise to bet the farm on your opinion N'esy Pas/
What Michael Cohen knew: 7 things to keep in mind as he testifies publicly about Trump
Ex-Trump lawyer knows where the 'bodies are buried.' It appears he's ready to show and tell
U.S. President Donald Trump's former personal lawyer Michael Cohen is planning Wednesday to pull back the curtain on his ex-boss's alleged criminal conduct. Now, all Cohen needs to do is convince Americans he's telling the truth.
Cohen, a convicted felon who has already pleaded guilty to lying to Congress, testifies at 10 a.m. ET, with the cameras rolling and expectations running high that he will accuse the president of engaging in criminal activity while in office. It will be his second of three back-to-back meetings on Capitol Hill, and the only hearing that will be broadcast.
Cohen was Trump's personal attorney for years and has worked for the president for more than a decade as his fixer. On Wednesday, Cohen will reportedly discuss Trump's alleged use of racist language, and will testify that the president lied about his net worth to evade taxes.
"Michael Cohen appears to have decided he just wants to totally come clean and be transparent and tell the entire world what he knows, regardless of any tangible benefit he might get from the government," said Greg Brower, former head of the FBI's Office of Congressional Affairs. "That's a huge problem for the president, potentially."
Here are some key considerations as Cohen prepares to testify:
Cohen might have the goods on financial cheating
That puts Cohen in a position to paint a damning portrait of Trump, the private businessman. The Wall Street Journal reports that Cohen "will make public some of Mr. Trump's private financial statements," and tell Congress that Trump inflated or deflated his net worth to dodge taxes.
The House Committee on Oversight and Reform is expected Wednesday to ask Cohen about matters such as potential corrupt practices in contracting for Trump towers overseas, potential violations of the Foreign Corrupt Practices Act or about his knowledge of whether Trump has paid property taxes.
Don't expect big insights on Russia probe
Cohen is one of a few people who can explain the timeline for negotiations to build a Trump Tower Moscow, and whether the president may have directed him to lie to Congress last year when he said the real-estate negotiations ended in January 2016. (Cohen now admits the discussions continued well into Trump's presidential campaign.)
The former Trump lawyer could also be asked about how directive Trump was on making contacts with Russians.
However, Wednesday's televised testimony will reportedly steer clear of U.S. Special Counsel Robert Mueller's investigation into Russian meddling in the 2016 presidential election. That means the topic of the Trump Tower Moscow timeline should be off the table.
Lawmakers will grill Cohen on campaign funds
Cohen has admitted he broke campaign finance laws.
Federal investigators are also investigating the Trump inaugural fund and whether the 2017 inaugural committee received illegal foreign donations by people from Middle Eastern nations. A ProPublica/WNYC investigation found that the inaugural committee paid more than the going rate for venue rental in the Trump Hotel in Washington, D.C., potentially violating tax law while profiting the president.
"If [Cohen] has got information to give, particularly about the money that flowed into the inauguration, then hearing a detailed description of what happened there from his point of view, and whether that violates any federal election law, would be interesting," Michael Zeldin, a former assistant to Mueller, said in an interview.
Pay attention to dates
Listen on Wednesday for precise dates of when alleged crimes were committed. The calendar will matter to prosecutors, as far as whether the five-year statute of limitations for many of the relevant federal crimes may have run out.
A crime has to be indicted within five years, or it's as if it never happened. Under Department of Justice guidelines, a sitting president cannot be indicted. But Trump was inaugurated on Jan. 20, 2017, meaning he could be liable to criminal exposure if he fails to win re-election in 2020.
So it might stand to reason that Trump would have good incentive to run for a second term in 2020 and win in order to avoid possible prosecution. If he can stay in office until 2024, he can outlast the statute of limitations.
All of which is to say what happened between January 2016 and today will be of a lot more interest to prosecutors than what happened before that same time period.
Cohen's credibility on trial
The National
Mueller's Russia investigation: Sorting out what we know | In-Depth
00:0012:35
"It's like this rock 'n' roll song … where the refrain is, 'Can we corroborate? Can we corroborate?'" Zeldin said. "Everything has to be corroborated because as a bald witness — meaning Cohen, alone — he has a credibility problem."
Cohen was sentenced to three years in December. He does not have a co-operation agreement with the U.S. District Court for the Southern District of New York (SDNY).
William Yeomans, a fellow in law and government at American University, said that while Cohen "undoubtedly has devastating information" about Trump, selling himself as honest will be his biggest challenge as Republicans will try to undercut his credibility.
"A segment of the public will not accept Cohen's testimony, no matter how credible," he said. "Cohen's testimony should help define how large that segment is."
Cohen has much to gain
The prospect of a lighter prison sentence will have important bearing on who Cohen's audience is when he speaks.
So Cohen's target audience is narrow, said former federal prosecutor Julie Grohovsky. He needs to fall back into the good graces of the SDNY, which can file a "Rule 35" motion for him under the Federal Rules of Criminal Procedure.
The SDNY's office previously recommended a "substantial term of imprisonment" of up to 63 months for Cohen, citing his decision "not to pursue full co-operation." Cohen now has another chance to make things right within one year of his sentencing, and convince prosecutors to request leniency in court.
Legal scholars say Cohen has likely already sought SDNY's blessing before testifying. But there's a possibility prosecutors will learn something new from him on Wednesday.
"If he's bringing forward things in this hearing that are topics prosecutors are interested in, he has a chance of getting this Rule 35 motion and getting a [sentence] reduction," Grohovsky said. "So while he cares what the general public thinks, he cares very much that prosecutors want to talk with him some more."
Brace for theatrics
Trump has already been accused of witness tampering, after he tweeted ominously to "watch" Cohen's father-in-law. Last month, Cohen withdrew his commitment to testify, with his lawyer citing "threats against this family" by the president. On the eve of Cohen's Wednesday testimony, Republican congressman Matt Gaetz of Florida also tweeted a warning, hinting at disclosures about Cohen's "girlfriends" to his wife.
Cohen is expected to testify about the intimidation on Wednesday. He will also reportedly tell lawmakers about alleged racist statements the president has made in his presence, a potential revelation that wouldn't so much have any legal implications as it would further damage Trump's character.
"If Michael Cohen says, 'Yes, I heard the president use the N-word in my presence numerous times, and I have recording after recording of that, and I'm going to share them on the internet for all the world to hear,' well, that's not a crime," Zeldin said. "That's theatre. And people will do with it as they want."
Impugning the president's character isn't really a legal matter, but it is salacious. A number of House progressives on the panel, including Rashida Tlaib and Alexandria Ocasio-Cortez, will get a chance to grill Cohen before live TV cameras.
Testimony that embarrasses the president is one thing; testimony that suggests criminal liability is quite another, and it will demand corroboration, said Mark Osler, a criminal law scholar and expert on sentencing.
"There's no doubt there's a political element to this whole thing," he said. "One thing that we can certainly hope for is that members of the committee will use this as an opportunity to ask questions as opposed to make speeches because there are legitimate questions that should be asked."
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