Is Allen Weisselberg, “the third man in the room”, the “missing piece” of the Trump trial?

As Donald Trump's secret trial in New York enters its final phase with closing arguments Tuesday, the jury's verdict is expected to depend largely on the opinion of the prosecution's star witness: Michael Cohen.

On the stand, Mr. Trump's former attack dog described the moment he met with his boss on the 26th floor of Trump Tower in Manhattan in January 2017 to agree a $420,000 settlement for reimbursement of a $130,000 payment to porn star Stormy Daniels. Cohen said he made the payment on Mr. Trump's behalf to ensure Ms. Daniels' silence about an alleged sexual relationship that could have derailed her White House bid if it came to light.

But there was a third man in the room during that day's crucial meeting — a man the jury didn't hear about: Allen Weisselberg, longtime chief financial officer of the Trump Organization.

Cohen, Mr. Trump's former “fixer,” testified that he first met with Weisselberg, 76, to agree repayment terms before together presenting the deal – which amounted to 12 payments of $35,000 – to their boss, Mr. Trump, in his office. in Trump Tower, just days before his presidential inauguration.

Mr. Trump approved the deal on the understanding that the payments would be recorded as legal fees arising from a “retainer” agreement, Cohen said.

These 34 fraudulent records represent the 34 charges of falsifying business records that Mr. Trump currently faces in Manhattan court.

Although Weisselberg is uniquely qualified to confirm or deny Cohen's version of events, he has not taken the stand to testify for either party in the criminal trial.

There's a simple reason for that: Weisselberg is currently serving time at Rikers Island for lying under oath on the stand during Mr. Trump's civil fraud trial, his second stint at the notorious facility after he was convicted guilty of a whole series of tax crimes.

This left Weisselberg open to serious questions about his credibility and whether he would be able to tell the truth had he testified during the criminal trial.

Just before being sent to Rikers, he signed a $2 million severance package with Mr. Trump that he would receive on the condition that he refuse to “disparage” the Trump Organization “verbally or in writing or l 'one of its entities' by voluntarily cooperating with investigators.

“The problem was neither side could really call it,” defense attorney Sarah Krissoff said.

“He is in custody for recently lying in a courtroom. It was impossible for him to be a credible witness.

“The reason Mr. Weisselberg is not a witness for either side is because the DA's office prosecuted perjury charges before this case,” Mr. Trump's lawyer, Emil Bove, told the judge Juan Merchan during the trial.

The judge, however, was open to the possibility of calling the condemned man out of prison to testify at trial, asking: “Has anyone tried to bring him in?”

Neither party responded in the affirmative and the case was dropped.

But, according to The New York TimesMr. Trump's lawyers are now expected to argue in their closing arguments that Weisselberg is “the prosecution's missing piece” and “an elusive central player in the case,” without whom all they have left is “unreliable” speech. » by Cohen to hold on to. their story.

Despite his physical absence, the man Mr. Trump once described as “one of the toughest people in business when it comes to money” continued to appear in court testimony during the trial.

Her phone calls with Cohen in October 2016 and her bank statements bearing his handwriting were all entered into evidence.

It also appeared during a crucial question posed to Cohen by prosecutor Susan Hoffinger, who was asking him about the dozen $35,000 reimbursements at the heart of the case.

“Did Mr. Weisselberg say in front of Mr. Trump that these monthly payments would be, you know, like a retainer for legal services? she asked.

“Yes,” was Cohen’s damning response.

There is of course another man in a position to speak about what happened during this meeting with Cohen and Weisselberg: the accused himself.

After much bluster about his determination to testify at his trial, Mr. Trump ultimately refused to do so, offering only vague apologies that the judge had imposed “difficult” conditions on him and suggesting that his “ past” could be used against him by the prosecution.