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- Robert Costello, a Republican lawyer with ties to Trump’s legal team, could hurt Cohen’s credibility
- Cohen, who was already convicted in hush money payoff, is a main witness against Trump.
- Trump has anticipated being indicted as soon as Tuesday in the case.
A New York grand jury investigating Donald Trump for hush money paid to a porn actress before the 2016 election is expected to hear Monday from a witness who could undercut the main witness against Trump.
Robert Costello, a lawyer who was once a legal adviser to Michael Cohen, could undermine Cohen’s credibility. Costello, who also has represented Trump attorney Rudy Giuliani, was tapped by the Trump legal team to testify, a person familiar with the matter told USA TODAY. Costello was a legal adviser to Cohen before they had a falling out.
Trump has anticipated he could be indicted as early as Tuesday by the Manhattan grand jury. Trump has “no plans” to participate in the grand jury investigation, his attorney Joe Tacopina told George Stephanopoulos on ABC’s “Good Morning America.”
But under New York law, a person who is expected to be indicted can request that a witness appear on his or her behalf. Mr. Trump’s lawyers have asked that Mr. Costello testify.
Here’s what we know about the case:
Who is Michael Cohen?
Cohen is the star witness in the Trump investigation, after being convicted and serving time in prison for crimes including arranging the $130,000 payment to porn actress Stormy Daniels. The payment was arranged to prevent publication of a news story amplifying her claim weeks before the 2016 election that she had sex with Trump.
Trump later reimbursed Cohen. The payment could potentially be the grounds for a campaign finance violation.
Who is Robert Costello?
Costello is a Republican lawyer with ties to Trump’s legal team. He offered to serve as bridge between Cohen and Trump’s team, according to The New York Times. At one point, Costello contacted one of Trump’s lawyers to ask if the president might pardon Cohen, the paper said.
But the pardon never came, and Cohen never formally retained Costello – or paid him, according to The New York Times. Cohen later waived their attorney-client privilege, Costello has said.
How does this affect the 2024 presidential campaign?
The criminal indictment of a former president would be unprecedented. Legal experts such as Laurence Tribe, a professor emeritus at Harvard Law School, said Trump’s looming indictment in New York is uncharted waters.
Trump also faces a federal investigation by special counsel Jack Smith about his role in the Capitol attack on Jan. 6, 2021, and the classified documents found at his Mar-a-Lago estate in Florida. And a Georgia grand jury in Fulton County is investigating his effort to overturn the 2020 election in that state.
But Trump said he’ll continue to run for president if he’s indicted. His first rally of the 2024 presidential race is scheduled for March 25 in Waco, Texas.
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