After spending the day in a courtroom in downtown Manhattan on Tuesday, one of the key witnesses in the criminal hush money case against former President Donald Trump went live on social media to discuss the trial in front of thousands.
“Trump 2024?” claimed Michael Cohen, Trump’s former attorney and “fixer,” who is now a key character in the criminal investigation. “More like Trump in 20โ24 years.”
As he awaits his turn to testify, Cohen has addressed Trump, the current trial, and the testimony that has already begun via nightly livestreams on TikTok, which appear to be generating him money from audience donations, according to hours of his streams viewed by ABC News.
While the promise does not appear to violate any court order, analysts say it undermines the already tarnished credibility of a key witness in the case.
“I’d be furious,” said Chris Timmons, an ABC News contributor and former Georgia prosecutor. “As a prosecutor, the last thing you want your witness to do is talk about the case in a forum other than the courtroom.”
Jeremy Saland, a defense attorney who previously worked in the Manhattan district attorney’s office that is now prosecuting the case, told ABC News that Cohen’s actions will only help Trump’s defense.
“I have no doubt that Team Trump is scrutinizing, listening, and watching whatever they can, and they are rightfully going to weaponize it in a court of law to tear down his credibility,” Saland said in a statement.
“If I’m the prosecution, I’m on the phone right now, saying, ‘Stop what you’re doing right now,'” Saland added. “I can’t make you stop, but you should for your own sake, because things are going to get worse in that courtroom.” “And you are jeopardizing the case.”
‘See you in a month’
Donald Trump is currently facing trial after he pleaded not guilty to a 34-count indictment. The charges against him include falsifying business records to conceal the reimbursement of a hush money payment made by his former lawyer, Michael Cohen, to adult film actress Stormy Daniels. The purpose of this payment was allegedly to improve Trump’s chances of winning the 2016 presidential election.
Cohen announced on Monday that he would no longer provide comments on Trump or address “this matter,” according to a statement given to ABC News.
“I want to clarify that I am not the defendant in this criminal case, and I am not the subject of Judge Merchan’s gag order. It is Donald who is directly involved,” Cohen stated in his interview with ABC News. “However, I made the personal decision to refrain from making any further comments about Trump and this particular case, as a sign of respect towards the court and the prosecutors, and I have adhered to that choice.”
Cohen, a long-time critic of Trump, reiterated his intention to refrain from posting anything about the former president on X until after his testimony in the ongoing trial. This decision was initially shared by Cohen on social media last Wednesday.
“See you in a month (or more),” Cohen wrote on X, which is commonly referred to as Twitter.
According to multiple sources familiar with the matter, prosecutors were pleased with the move.
Later that day, Cohen took to his TikTok account and went live with a large audience. During the session, he engaged in a brief discussion with Rosie O’Donnell about Trump and the ongoing trial.
“I will distance myself from him until the moment I confront him in person, where I will testify truthfully as a witness on the stand,” Cohen declared in response to O’Donnell’s expressed hope that our nation will come together and hold Trump accountable for all the terrible acts he has committed.”
The district attorney’s office chose not to provide any comments.
During his livestream on Thursday night, Cohen shifted the focus away from Trump and the trial. However, he often organizes lengthy TikTok livestreams where he delves into the trial, the ex-president, and interacts with his audience of thousands. Viewers get the opportunity to ask him questions and even make donations.
The prosecutors in the case against Trump recognized early on that their witnesses had some baggage. During jury selection, they made efforts to identify and eliminate individuals who may have had concerns about this.
“Are you willing to approach this with an open mind?” Steinglass inquired of the potential jurors, cautioning them that they would hear from individuals who might have lied in the past or have a criminal record. A significant number of them expressed their willingness to do so.”
Donald Trump’s legal team has made it a priority to undermine Cohen’s credibility as a key element of their defense strategy. They have portrayed him to the jury as a criminal fixated on “getting” Trump, suggesting that his motivations are driven by financial gain from Trump’s downfall. During the trial, Trump’s attorney Todd Blanche specifically highlighted Cohen’s out-of-court statements, revealing that Cohen had expressed a sense of “mental excitement” the night before Trump’s trial.
Blanche emphasized in his opening statement that President Trump’s complete financial livelihood hinges on his destruction. He firmly stated that relying on the words of Michael Cohen cannot be considered a valid basis for making a serious decision about President Trump.
‘I’ll just tell the truth’
Cohen’s live streams can sometimes feel like a surreal experience, as Trump’s former fixer oscillates between launching personal attacks against his ex-boss and expressing joy by creating heart shapes with his hands when a viewer sends him a gift.
In his recent update, he provided insights on his perspective regarding the trial, taking into account the testimony of former National Enquirer publisher David Pecker. Pecker revealed that leading up to the 2016 election, he had suppressed unfavorable stories about Trump, based on an agreement made between him, Trump, and Cohen.
According to Cohen, it seems that David Pecker’s statements align with what he has been asserting for the past six years. Cohen mentioned that he has been keeping up with the news coverage through CNN and MSNBC. He believes that if his testimony supports Pecker’s claims, it would bring the whole circle of events together. Cohen also mentioned other individuals involved, including Hope Hicks, Keith Davidson, Stormy Daniels, and Karen McDougal, emphasizing that their testimonies would contribute to the overall picture.
During Tuesday night’s discussion about his potential testimony, Cohen received an unexpected gift from a TikTok user. The gift, a “Knight Helmet” worth 199 TikTok coins, adorned Cohen’s head with a cartoon helmet. This playful interruption momentarily paused Cohen’s speech before he resumed his discussion.
“I will go to the witness stand with confidence, equipped with my helmet and spear. In that moment, I will fearlessly share nothing but the truth,” declared Cohen.
TikTok’s platform offers a valuable opportunity for users like Cohen to earn money from their livestreams. This is made possible through a feature that allows viewers to donate “gifts” while watching the livestream. Once the livestream is over, these gifts can be converted into “diamonds,” which can then be used to receive rewards such as cash or virtual items, as stated on TikTok’s website.
The amount of revenue Cohen is generating from his TikTok streams remains undisclosed as such information is only accessible to the TikTok account holder. According to a spokesperson for TikTok, the earnings a creator can accumulate through live streaming can vary significantly, as viewers have a diverse selection of virtual gifts to offer.
According to TikTok’s website, they state that the more frequently you go live and interact with your audience, the more chances you have to earn diamonds and generate income. By accumulating diamonds, you have the potential to receive monetary rewards or virtual items.
When asked by ABC News, Cohen did not provide a specific figure on how much he has earned from the streams.
According to Timmons, the financial advantage gained from Cohen’s social media presence poses a significant issue.
According to Timmons, giving out-of-court statements is already problematic. However, the situation becomes even worse when individuals start receiving compensation for such statements, as it can have disastrous consequences.
According to Timmons, having financial incentives for a witness is problematic as it can create doubts in the jury’s mind. The perception may be that the witness is testifying for monetary gain rather than for the sake of truth.
During Tuesday night’s stream, Cohen also talked about the ongoing ruling on the gag order against the former president. This discussion took place just hours after the judge conducted a hearing on the matter.
Cohen expressed his disdain for Donald Trump’s behavior, stating, “With the gag order — the other day Donald once again, he comes out, comes out of the courtroom and goes right into that little cage, which is where he belongs, in a f—— cage like an animal.”
Lawyers representing the Manhattan district attorney urged the judge presiding over the hush money case to hold the ex-president in contempt. They argued that he had repeatedly violated the limited gag order by launching attacks against Cohen.
In recent weeks, prosecutors have emphasized several occasions where Trump took to social media to mention Cohen or Daniels, who are likely witnesses in the case. They also pointed out two instances where his campaign website shared information about Cohen. Moreover, Trump made a suggestion that there might be “undercover liberal activists” attempting to infiltrate the jury for this particular case.
‘There will be no boredom’
Over the weekend, he resumed his discussion about the trial, live streaming on TikTok once again on Friday, Saturday, and Sunday nights.
Cohen revealed that Trump had brought Boris Epshteyn into his team, but the reason behind this decision remains a mystery. Cohen expressed his surprise at Epshteyn’s appointment, considering that he had no experience as a trial lawyer. Cohen sarcastically questioned whether Epshteyn was now a legal adviser, implying that it was not the most desirable choice for such a role.
Cohen expressed admiration for Trump’s trial attorneys, Susan Necheles and Todd Blanche, acknowledging their exceptional skills and experience. However, he pondered over Blanche’s decision to take on the case.
During the trial, he engaged in a debate with a viewer who expressed the opinion that the jury appeared disinterested. He went on to enthusiastically emphasize the possibility of his own future testimony.
“Why do you claim that the jury is bored? Were you present?” Cohen challenged. “I can guarantee you one thing: when I take the stand, there won’t be a single moment of boredom. I promise you that.”
According to Cohen, there is no need to worry about the jury’s decision. He believes that they will make the correct choice based on the evidence presented to them and the instructions given by the judge. Cohen emphasizes that this case is no different from any other and that justice will prevail.