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Michael Cohen could be the "star witness" in the civil fraud case against Donald Trump according to a prominent attorney, as another warned the former president risks "jail time" if he keeps publicly attacking court employees.
New York Attorney General Letitia James has accused Trump, along with his two adult sons and the Trump Organization, of inflating the value of his properties by billions of dollars in order to access more favorable bank loans and other financial perks. The former president has strongly denied any wrongdoing, claiming the case is "another witch hunt."
Polling indicates Trump is by some margin frontrunner for the 2024 Republican presidential nomination, potentially setting up a rematch of the 2020 contest against Joe Biden. However, he is locked in legal battles and is the first former president to be facing criminal charges. Trump is facing charges related to claims he orchestrated the payment of hush money to an adult film actress, mishandled classified documents and broke the law attempting to overturn the 2020 election outcome both across the U.S. and in the state of Georgia specifically. He has pleaded not guilty to all counts, arguing the cases against him are politically motivated.
Last month, Judge Arthur Engoron, who is presiding over the case, found Trump and the other defendants civilly liable for fraud. The case got underway on Monday in Manhattan, with James seeking at least $250 million in fines from Trump and his associates.
Michael Cohen, Trump's former lawyer and Trump Organization vice president, since turned arch critic, could be a "star witness" in the case, according to Atlanta-based attorney Ted Spaulding, founder of Spaulding Injury Law.
Speaking to Newsweek, he said: "Michael Cohen is potentially extremely important to the case. He is the defendant's former attorney who had attorney-client privileged communication with the defendant. If Cohen violates that and spells what Trump may have told him, he could be the star witness for the plaintiff.
"Think of it like criminal defendants hiring an attorney whom they can confide in because no statements to their attorney in the case can be used against them. It is going to be interesting what this guy ends up saying."
In an interview with MSNBC, Cohen, who was sentenced to three years in prison in 2018 on a number of charges related to his involvement with the Trump Organization, said the ruling could be a "financial catastrophe" for Trump. He added: "I can tell you this has always been his biggest fear. That he would lose all of his money and he would no longer be considered the mega-billionaire that he tried to portray himself as."
On Monday, after observing the first day's proceedings, Los Angeles Times senior legal affairs columnist Harry Litman said Cohen is likely to be key to the case.
Posting on X, formerly Twitter, he said: "Opening arguments in fraud trial make clear that Michael Cohen will be a pivotal witness."
On Tuesday, Engoron issued a gag order against Trump after the former president attacked one of his clerks, attorney Allison Greenfield, in a since deleted post on his Truth Social website.
Trump shared a photo of Greenfield along with Democratic Senate Majority Leader Chuck Schumer, and baselessly suggested the two were in a romantic relationship. In response, Engoron has barred Trump from publicly discussing members of his staff.
Civil rights attorney V. James DeSimone told Newsweek the former president could face jail time if he breaks the order.
He said: "The gag order is no surprise as Trump definitely crossed the line by posting and emailing a photo of Judge Engoron's court clerk to his followers. Trump is once again igniting a flame without caring who he hurts in the process.
"Judge Engoron has promised serious sanctions if any more comments about his staff are made publicly. Contempt of court could mean jail time, and one wonders if Trump believes an arrest would actually help his presidential aspirations."
Newsweek has contacted Trump for comment via the press inquiry form on his official website.
Update 10/4/23 7:15 a.m. ET: This story has been updated with additional information.
About the writer
James Bickerton is a Newsweek U.S. News reporter based in London, U.K. His focus is on covering news and politics ... Read more