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Legal Insight: Cohen's TikTok Antics May Jeopardize Trump's NY Case

 May 2, 2024

Michael Cohen's recent TikTok engagements could potentially derail the New York hush money case against former President Donald Trump.

Legal experts are suggesting that Cohen's public commentary and fundraising could compromise the integrity of the trial, as Breitbart reports.

Cohen, former Trump attorney and fixer and a key witness in the ongoing trial against his former boss, has turned to TikTok to discuss the case details.

These live streams have gained significant attention not only for their content but also because they are monetized, allowing viewers to donate directly to Cohen.

Experts Criticize Cohen's Public Disclosures

The public nature of Cohen's discussions has sparked concern among legal commentators. They argue that by monetizing his appearance and sharing insights about the trial, Cohen risks the credibility of his testimony, crucial to the prosecution's case against Trump.

Chris Timmons, a former Georgia prosecutor and now an ABC News contributor, expressed frustration over Cohen's actions, highlighting how detrimental they could be to the case. "I’d be furious. As a prosecutor, the last thing you want your witness to do is to be talking about the case in a forum other than the courtroom," Timmons remarked.

Legal Implications of Cohen's Livestreams

While Cohen's TikTok activities do not breach any court orders, they pose a challenge to maintaining the sanctity of his court testimony. This has led to critiques from various legal professionals, including Andrew McCarthy, a former assistant U.S. attorney, who questioned Cohen's reliability given his past legal issues.

"It is not a problem for Cohen’s credibility because he has none -- he is a convicted perjurer and fraudster whose current ‘defense’ of his fraud convictions is that he wasn’t telling the truth when he pled guilty," McCarthy explained.

Michael Avenatti Weighs in from Prison

Further criticism came from Michael Avenatti, who, despite his incarceration, commented on the situation to Fox News. Avenatti suggested that Cohen's actions could not only harm the case but potentially lead to a mistrial. "Michael Cohen through his narcissism and his ego may have just torpedoed the case against Trump," he said.

Avenatti also criticized Cohen's lack of judgment and possible legal violations related to trial testimonies. "Never underestimate this guy’s ability to screw something up due to his ignorance and arrogance. He’s dumber than a box of rocks. The state can’t win the case without him and because of his conduct in reviewing trial testimony in violation of the court’s order, which [he] just admitted to when speaking with ABC, the court must strike him as a witness, declare a mistrial, or both," Avenatti added.

Conflict of Interest Alleged

Adding to the complications is the issue of profiting from the trial, as highlighted by William A. Jacobson, a professor at Cornell Law School. "Profiting off the trial adds another conflict to that pile. Whether it’s the straw that breaks the camel’s back when it comes to the jury remains to be seen, but it certainly is fodder for cross-examination," Jacobson noted.

Cohen, acknowledging the potential fallout from his actions, announced a halt to his TikTok livestreams out of respect for the court and the legal process. "I am not the defendant in this criminal matter and am not the subject of Judge Merchan’s gag order. Donald is. Nevertheless, I elected, out of respect to the court and the prosecutors, to cease commenting on Trump and this matter; which I have done," he told ABC News.

Judge Issues Warning to Trump

In a related development, New York County Judge Juan Merchan ruled that Donald Trump himself violated a gag order, threatening further legal actions against him, including potential jail time for any additional violations.

This ruling emphasizes the high tensions and strict oversight in the courtroom, contrasting with Cohen's more cavalier approach to discussing case details publicly.

Prosecution Maintains Silence on Cohen's Actions

Despite the uproar caused by Cohen's TikTok ventures, members of the New York prosecution team have remained silent on this matter, choosing not to comment publicly on the potential implications for their case.

This silence leaves room for speculation about the internal strategies and concerns of the prosecution team as they navigate this high-profile case involving significant political and legal figures.

Conclusion: A Complex Web of Legal Drama

In conclusion, Michael Cohen's decision to discuss the ongoing trial against former President Donald Trump on TikTok and solicit donations has sparked a flurry of criticism from legal experts, who warn that his actions might undermine the trial's integrity and his own credibility as a key witness.

The New York prosecution's silence on this issue, coupled with judicial warnings to Trump, paints a picture of a legal battle fraught with ethical and procedural challenges.