As the lawyers representing Michael Cohen in the criminal trial of Donald Trump, we had a front-row courthouse seat to the historic trial. The monumental nature of the guilty verdict is self-evident. But Cohen’s experience throughout the trial is particularly instructive about the underlying structural strength of our institutions and the lessons for the continuing fight against the erosion of democracy in this country.
We have gleaned firsthand knowledge of the incendiary tactics Trump uses to fend off accountability and attain power for himself. We have also seen him foiled by the integrity of the judicial system and the courage of individuals like Cohen. That combination of personal bravery and institutional strength will be necessary to fight the threat of American autocracy.
As the events surrounding the Jan. 6, 2021, riots demonstrated, Trump understands the impact of his words.
Cohen’s history with Trump was extensively documented throughout the trial. Many have tried to psychoanalyze or second-guess Cohen and his motives. But that second-guessing frequently has overlooked the powerful incentives for Cohen, like many others, to stay silent about Trump. Indeed, Cohen already faced consequences for exercising his First Amendment rights. In 2020, when the Bureau of Prisons learned that Cohen was writing a book about his experiences with Trump, the government unconstitutionally remanded him into solitary confinement until we intervened with a petition to free him. A federal judge sharply rebuked the U.S. government and ordered his release.
Since then, Cohen has continued to speak about the former president — and, yes, he has made a career out of it. But that has not been a peaceful path to prosperity. Instead, it has come with an unrelenting torrent of invective and harassment directed not only at Cohen but also at his family and even us. On Monday, addresses and phone numbers for his wife and children were posted online.
The attacks have been led, of course, by Trump himself, who possesses as large a megaphone as anyone in the country. As the events surrounding the Jan. 6, 2021, riots demonstrated, Trump understands the impact of his words. It is quite clear he hopes to stir hostile and at times violent reactions among his most ardent supporters, directing his millions of followers against anyone who happens to earn his ire.
Cohen is, in relative terms, uniquely situated to stand up to these attacks — a posture that often leads to a combative public persona, even though his platform is far smaller than those of the former president and his MAGA followers. But many in Trump’s crosshairs are citizens without the public profile or resources that could help shield them. And Trump regularly exploits this terrifying imbalance of power to achieve his ends.
This was one of his principal strategies to fend off the criminal charges in New York. Trump bullied and smeared anyone he perceived as a threat: the prosecutors, the judge, the witnesses and even the jurors who sacrificed their time to perform a noble civic service. Those threats could chill even the most steadfast people.
Instead, though, this trial provided a model of how to stand up to Trump’s attacks. Everyone involved upheld their civic responsibilities. When pressured, these individuals — and the institutions they represented — pushed back to uphold the integrity of the proceedings and the safety of those affected.
This was notably reflected in Justice Juan Merchan’s gag order for the defendant and his finding that Trump was in contempt of court for repeatedly violating the prohibition. That finding signaled to the witnesses in this case, including Cohen, that the judicial system would protect them.
It was clear that Trump chafed against the gag order. After being found in contempt, and with the prospect of being thrown in jail for future violations, Trump eventually brought his political allies to court — partly to make statements on his behalf that were prevented by the gag order.
When our institutions are populated by good-faith actors who refuse to be intimidated, they prove resolutely resilient.
Yet Merchan’s order, and his enforcement, was still ultimately successful. And all the efforts the court and the government made to safeguard the individuals involved in the case worked. Before the trial began, many predicted that one or more jurors would remove themselves from the case. Yet the jury remained intact throughout. When our institutions are populated by good-faith actors who refuse to be intimidated, they prove resolutely resilient.
Not that this outcome will deter Trump. In fact, it might have the opposite effect on him and his most dangerous followers. On Friday, NBC News reported that Trump supporters are already attempting to reveal jurors’ identities — and Merchan and Manhattan District Attorney Alvin Bragg are already facing renewed threats. If anything, this trial and verdict confirm just how dangerous the coming months could be. As the country enters the heart of the election season, many who are merely fulfilling their legal and constitutional obligations will most likely face the former president’s wrath.
Ultimately this case was about election interference, as one of the prosecutors, Joshua Steinglass, explicitly articulated to the jury during his closing argument. “This scheme, cooked up by these men, at this time, could very well be what got President Trump elected,” Steinglass said. “This was overt election fraud, an act in furtherance of the conspiracy to promote Mr. Trump’s election by unlawful means.”
Thanks to Thursday’s verdict, we can now say it is true, beyond a reasonable doubt, that Trump unlawfully concealed a conspiracy to influence the 2016 election. His second campaign culminated in lies about the 2020 election’s being stolen and the riot at the Capitol, now the subject of a criminal federal prosecution in Washington, D.C., and a state case in Fulton County, Georgia.
That leaves us wondering: What is in store for his third campaign?
There can be no respite in vigilance. Cohen, Stormy Daniels, the other witnesses and the state of New York have provided a stalwart model of perseverance. Whatever tumult ensues, the forces of democracy will need to exhibit the same fearlessness that public servants and private citizens displayed in New York over the past two months. Thankfully, they can do so fortified by the knowledge that no one, not even the most powerful among us, is above the law.