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A 'Soft Spot': Lawyers See Michael Cohen as Possible Liability if Trump Is Indicted

New York Law Journal
March 21, 2023

John Moscow, a longtime former prosecutor at the Manhattan DA’s office and now Senior Counsel at Lewis Baach Kaufmann Middlemiss, said he’s been involved in many discussions about whether a “small crime” is worth prosecuting.

“The question is, should you prosecute or not,” Moscow explained. “There’s some thought that falsifying business records is too small a crime. My thought is it is a very small crime. But your choices are to prosecute or not to prosecute, and if the evidence is there, you’ve got to prosecute.”

Regarding Cohen’s credibility, he said he didn’t think it would be a huge problem.

“Michael Cohen is supposed to be a liar and a thief. Okay, he wasn’t my liar and thief, he was Trump’s,” Moscow said. “The whole point is he isn’t pure—he’s Trump’s.”

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