Former federal prosecutor Katie Cherkasky makes the case as to why Michael Cohen’s testimony cannot ‘be believed’ during ‘Fox & Friends First’ after he admitted to several lies while on the witness stand. #FoxNews

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Let's bring in former Federal prosecutor And constitutional law attorney Katie Trasy Katie good morning to you what Were your observations from yesterday's Testimony well Michael Cohen conceded That he is out to see Trump Behind Bars He's willing to lie under oath and even Yesterday he was still playing semantic Games about what is a lie what is an Untruth so he's made it very clear that His testimony can't be believed but even More than his credibility issues I think That his testimony about the actual Elements of the offense Falls very flat I don't understand why still to this day That the expense of legal expense or Retainer is is false or misleading in This circumstance lawyers are allowed to Front cost for their clients and be paid Later and it's really the lawyer's fault If there's not a written retainer Agreement that exists so it was really Unclear how he established any of the Elements of the offense I still don't Think the prosecution has gotten there Yeah and when it comes to the LIE Michael Cohen's defense was Yeah I lied but it was only out of Loyalty to my boss I lied under oath I Lied to Congress I didn't tell my wife Everything I went to prison but only out Of loyalty it kind of reminds you of a Mob trial where prosecutors are trying To hate Donald Trump as the Dawn and

Michael Cohen as like a sympathetic Lackey that was just following orders do You think that's going to work with Jurors well it's not going to work Because Michael Cohen also lied in Circumstances that had nothing to do With Donald Trump and the reason that You're allowed to cross-examine a Witness about their past credibility Issues is because when somebody is Willing to lie especially under oath you Cannot really trust them in the future People lie for all sorts of reasons and You can't determine there's no such Thing as a human lie detector to Determine whether someone is telling the Truth so the best way to determine that Is whether they have been truthful in The past and Michael Cohen is the Furthest thing from that as we all know Okay so what happens now Michael Cohen Is Prosecutor's last witness so what Does the defense do well the defense has A decision to make about whether they Put on any case at all many times you'll See the defense not put on any Witnesses Or any case as we would call it because Their case is that the prosecution Failed to prove up their own case and Here of course Donald Trump may be able To take the stand I don't think he will I don't think he needs to I'm sure his Attorneys have advised against it but It Ultimately is the defendant's choice

Whether they testify and there's still That possibility of the directed verdict The judge looks at everything says There's no case here jurge thank you for Your time you're going home this Cas is Dismissed final thoughts on the Possibility of that happening well I do Believe the defense will move for a Directed verdict and essentially what That means is that when the prosecution Rest their case that they have failed to Present at least some evidence of one of The elements of the offenses and the Standard is very high even if there's Minimal evidence it cannot be granted But in this case I still do not Understand again where there is evidence Of a false business entry they did not Put up an accounting expert of some sort To say that this is an proper way to Document this how else would Michael Cohen have been reimbursed by this Because again this was a lawful Agreement he had to be paid back he's a Lawyer filed as under legal he h himself Out as Trump's attorney it has been a Wild few weeks and more to come Katie Thank you so much I'm Steve duy I'm Brian kilme and I'm Angley aart and Click here to subscribe to the Fox News YouTube page to catch our hottest Interviews and most compelling analysis