Legal expert Zack Smith says Michael Cohen's disclosures can ruin his credibility and lead to 'hung jury'

MANHATTAN, NEW YORK: Former Donald Trump attorney, Michael Cohen's stunning revelation in court Monday, May 20 that he stole from the Trump Organization further damaged the disbarred attorney's credibility, and could lead at the very least to an impasse jury that cannot reach a verdict, a legal expert told Fox News. 

"I think after last week's cross-examination, Michael Cohen's credibility as a witness had already pretty much been eviscerated," Heritage Foundation senior legal fellow Zack Smith told the outlet in a phone interview. 

Legal expert's take on Michael Cohen's credibility as witness against Donald Trump

"If there were any lingering doubts in the minds of any jurors, I suspect today's testimony was even more damaging. It does make you wonder two things: One, did the prosecution not know about this before they put Michael Cohen on the stand? I find that doubtful. But if they didn't, that's its own issue," Smith said.

"But if they knew about this, and chose to put Michael Cohen on the stand regardless, that in some ways is even more shocking. Because it really it begs the question of what kind of credibility can Michael Cohen be expected to have, given that even he admitted to stealing from the Trump Organization for his own benefit," he added.

Michael Cohen admitted to stealing $30K from Trump Organization

Cohen admitted in testimony on Monday that he stole $30,000 from the Trump Organization by overstating how much he paid a tech company that provided services for the organization.

Cohen said he told former Trump Organization CFO Allen Weisselberg in 2017 that he had paid tech firm Red Finch $50,000 out of his own pocket, and that he still needed to be reimbursed for the payment. 

Weisselberg and Cohen in 2017 calculated a $420,000 repayment to Cohen for his $130,000 payment to former adult actress Stormy Daniels, as well as the alleged $50,000 payment to Red Finch. Cohen's payment to Daniels came ahead of the 2016 election to silence her claims of an alleged affair with Trump. 

However, Cohen said on Monday before the court, that he only paid Red Finch $20,000, meaning he pocketed $30,000 when he was reimbursed. "You stole from the Trump Org, right?" Trump attorney Todd Blanche asked Cohen Wednesday morning. "Yes, sir," Cohen responded.

He testified that the Trump Organization thought he paid the full amount, for which he was still reimbursed despite not having actually paid it.

"You lied to Weisselberg about how much you needed for Red Finch?" Blanche asked Cohen, to which Trump's former "fixer" confirmed he had. "Have you paid back the Trump Organization for the money you stole from them?" Blanche also asked. "No, sir," Cohen responded.

Michael Cohen says he stole $30K from Trump Organization because he was 'angry'

Later on Monday, Cohen said taking the $30,000 was "almost like self help," claiming he took the funds because he was "angry" about his bonus getting slashed. "I was angry because of the reduction in the bonus and I just felt like it was almost like self help," Cohen said. "To have my bonus cut by 2/3 was very upsetting to say the least," he later added.

Legal expert believes Michael Cohen's testimony could lead to hung jury

"It's increasingly likely that even if you don't get an outright acquittal, I think there's a very good chance you could at least - at least - get a hung jury in this case. And keep in mind, the reason Michael Cohen's testimony is so pivotal is because Alvin Bragg has to bootstrap what would ordinarily be misdemeanor bookkeeping charges into this felony charge," Smith said. 

"[He has to] basically show that those bookkeeping offenses were made in the furtherance of, or in an effort to cover up, this other offense, which it looks like is this supposed campaign finance violation," he added. Trump was charged with 34 counts of falsifying business records in the first degree in the case.

"If he can't do that, then the bookkeeping charges themselves would just be misdemeanors, and the statute of limitations has already run on those misdemeanor offenses. And so that's why Michael Cohen's testimony is so critical," said Smith. "And I have to tell you, the fact that Alvin Bragg and his team lean so heavily on Michael Cohen, made him become the linchpin of their case in some ways, is absolutely shocking to be perfectly honest."

Internet opines the hush money case 'should be thrown out'

Netizens voiced their skepticism and disappointment regarding Michael Cohen and the hush-money trial. One user tweeted, "No. This is a rigged show trial. This jury will take 5 minutes to find him guilty."

"Well let’s get to the hung jury already with the fake trial!" penned one. "The Star Witness is a convicted perjurer who seemed to lie in court about the phone call just admits he stole from Trump. The case should be thrown out," remarked one user. "Lol. Expert. Ok" tweeted one user.

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