Alan Dershowitz, one of the country's foremost authorities on the U.S. Constitution, told Newsmax on Tuesday that testimony from Michael Cohen's former adviser Robert Costello might be the "final nail" in his coffin.
Author of the newly released book, "Get Trump," Dershowitz argued on "Rob Schmitt Tonight" that although Costello's words would likely spell the end for Cohen, it could actually help Manhattan District Attorney Alvin Bragg.
"I think any smart prosecutor — I don't know that Bragg's smart or not, but he must have very good people under him — would understand that you do not use Cohen as a star witness in this case," Dershowitz stated.
The Harvard law professor emeritus said doing so would be handing former President Donald Trump's legal team a "present," by featuring someone who's already been discredited.
Instead, Dershowitz argued that Stormy Daniels (former name Stephanie Clifford) could be used instead.
When Newsmax host Rob Schmitt asked if the case would be "discredited" without Cohen as the lead witness, Dershowitz acknowledged it would be a hurdle — but not impossible adjustment for Bragg's team.
"A good prosecutor can work around somebody," Dershowitz explained, adding that defendants could also call for a missing witness instruction, if Cohen doesn't show up.
"It could go both ways," Dershowitz continued. "But I think it hurts Bragg in the court of public opinion, but may help him in front of a jury."
Dershowitz's comments arrive one day after Costello appeared before the grand jury as an exculpatory witness, telling reporters afterward that he painted his former client as having a "lie, cheat, steal" mindset.
"I'm trying to tell the truth to the grand jury," Costello insisted. "If they want to go after Donald Trump and they have solid evidence, then so be it. Michael Cohen is not solid evidence."
The testimony is part of an ongoing investigation by Bragg into a hush-money payment to the adult film actress Daniels, for which prosecutors believe illegally came from Trump's 2016 presidential campaign coffers.
Most recently, reports from various outlets began circulating that Bragg's office was drawing up charges against the former president, to be handed down either this week or the next.
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