Robert Costello, a former legal advisor to Michael Cohen, appeared before the grand jury on Monday as a surprise witness and, according to Trump, had evidence that was both conclusive and irrefutable that would clear him of any wrongdoing. Costello’s testimony included information damaging to Bragg’s efforts to prosecute Trump.
One piece of evidence is an alleged letter from an attorney representing Michael Cohen, the disgraced former lawyer for Donald Trump, stating that Cohen acted independently in paying Stormy Daniels in 2016. This new evidence undermines the case against the former president brought by Manhattan District Attorney Alvin Bragg and could explain the abrupt cancelation of the Wednesday session of the grand jury.
The letter, sent in 2018 by Cohen’s lawyer Stephen Ryan to the Federal Election Commission, says that Trump had no involvement in the payment made to Daniels to keep her quiet about their alleged affair. Furthermore, it states that the payment was not reimbursed by Trump.
“I am writing on behalf of my client, Michael D. Cohen, in response to your letter dated January 30, 2018. Specifically, this letter responds to the complaint numbered MUR 7313, which was filed with the Federal Election Commission (FEC) by Common Cause and Paul S. Ryan,” Cohen’s lawyer wrote.
The letter continued:
In a private transaction in 2016, before the U.S. presidential election, Mr. Cohen used his own personal funds to facilitate a payment of $130,000 to Ms. Stephanie Clifford [Stormy Daniels]. Neither the Trump Organization nor the Trump campaign was a party to the transaction with Ms. Clifford, and neither reimbursed Mr. Cohen for the payment directly or indirectly.
Contrary to the allegations in the complaint, which are entirely speculative, neither Mr. Cohen nor Essential Consultants LLC made any in-kind contributions to Donald J. Trump for President, Inc., or any other presidential campaign committee. Mr. Cohen has not been a government employee during any of the relevant time period. The payment in question does not constitute a campaign contribution or expenditure and, therefore, the FEC lacks jurisdiction over this matter. The complainants have not and cannot present any evidence to the contrary. Accordingly, the complaint should be dismissed.
Donald Trump posted the letter on Truth Social and claimed that it fully exonerated him.
“Wow, look what was just found—A Letter from Cohen’s Lawyer to the Federal Election Commission,” he wrote. “This is totally exculpatory, and must end the Manhattan District Attorney’s Witch Hunt, immediately,” Trump said. “Cohen admits that he did it himself. The D.A. should get on with prosecuting violent criminals, so people can walk down the sidewalks of New York without being murdered!”
Related: Soros-Funded DA Alvin Bragg May Have Hidden Exculpatory Evidence in Trump Case
Although the letter was not presented to the grand jury, it could still have an effect on Bragg’s determination on whether to pursue an indictment. This is because the letter could influence Bragg’s evaluation of Cohen’s credibility issues, even if grand jurors are unaware of its contents.
It also was revealed during Costello’s testimony that Bragg, who is now being investigated by House GOP for abuse of power, may have withheld exculpatory evidence from the grand jury.
In light of these recent developments, it has become less certain that Bragg will bring charges against Trump.
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