'It is a major problem for prosecutors,' Andrew McCarthy told Fox News Digital
Cross-examination of Michael Cohen sure to be the biggest point in this trial: Andrew Cherkasky
Former federal prosecutor Andrew Cherkasky discusses how Michael Cohens testimony could impact NY v. Trump on Fox News Live.
Michael Cohen, who is supposed to be a star witness in NY v. Trump, might have "torpedoed" the case before taking the stand by ranting about it on TikTok while fundraising, according to legal observers.
"It is a major problem for prosecutors. It is not a problem for Cohen’s credibility because he has none — he is a convicted perjurer and fraudster whose current ‘defense’ of his fraud convictions is that he wasn’t telling the truth when he pled guilty," former Assistant U.S. Attorney Andrew McCarthy told Fox News Digital.
ABC News published an article Sunday declaring Cohen’s actions "could be a problem," pointing out that Cohen has chimed in on former National Enquirer publisher David Pecker's testimony, has regularly "railed against Trump," has insisted the jury isn’t "bored" and can profit when followers shower him with gifts.
TikTok allows viewers to donate "gifts" as they watch users' livestreams, which can then be converted into money or virtual items, ABC News reported, citing the social media platform's website.
Michael Cohen, who is supposed to be a star witness in NY v. Trump, might have "torpedoed" the case before taking the stand by ranting about it on TikTok, according to legal observers. Credit: Getty Images/Michael Cohen TikTok
"It’s a problem for prosecutors because they chose to build a case on a witness with a track record of bad conduct and deep bias and, not surprisingly, he can’t help himself but continue to act in character," McCarthy said.
Michael Avenatti, the one-time "most dangerous enemy" of Donald Trump who liberals hoped would bring down his presidency, believes Cohen might botch the whole case.
"Michael Cohen through his narcissism and his ego may have just torpedoed the case against Trump," Avenatti told Fox News Digital from federal prison.
"Never underestimate this guy's ability to screw something up due to his ignorance and arrogance. He's dumber than a box of rocks. The state can't win the case without him and because of his conduct in reviewing trial testimony in violation of the court's order, which just admitted to when speaking with ABC, the court must strike him as a witness, declare a mistrial, or both," Avenatti continued. "He had no business commenting on other witnesses' testimony."
Avenatti said Cohen is "not even supposed to be hearing or learning of that testimony before he testifies" himself.
"Alvin Bragg and his team have a lot of explaining to do in my view," Avenatti said.
Michael Avenatti spoke with Fox News Digital from his prison in California. (Screenshot/FNC)
Cornell Law School professor William A. Jacobson said Cohen’s TikTok antics add to a laundry list of pre-existing conflicts.
"Michael Cohen has many pre-existing conflicts of interest when it comes to Donald Trump, calling into question his objectivity and veracity. Profiting off the trial adds another conflict to that pile. Whether it's the straw that breaks the camel's back when it comes to the jury remains to be seen, but it certainly is fodder for cross-examination," Jacobson told Fox News Digital.
Former Georgia prosecutor Chris Timmons said he would be "furious" with Cohen.
"As a prosecutor, the last thing you want your witness to do is to be talking about the case in a forum other than the courtroom," Timmons told ABC News.
Defense attorney Jeremy Saland, who used to work in the Manhattan District Attorney's Office, told ABC News that Trump’s legal team can use Cohen’s actions to "tear down his credibility."
"If I'm the prosecution, I'm on the phone right now saying, 'Stop what you are doing — right now,'" Saland told ABC News.
The Manhattan District Attorney’s Office did not immediately respond to a request for contact.
Cohen told the Disney-owned outlet he would knock it off.
"I am not the defendant in this criminal matter and am not the subject of Judge Merchan's gag order. Donald is. Nevertheless, I elected, out of respect to the court and the prosecutors, to cease commenting on Trump and this matter; which I have done," Cohen told ABC News.
ABC News noted that Cohen "fired up his TikTok account, went live with thousands of viewers, and briefly talked about Trump and the trial" shortly after saying he wouldn’t discuss it.
Cohen slammed ABC News on X, labeling the report a "non-story" and calling for executives to step in. "BoycottABC," he wrote.
TRUMP CALLS HUSH MONEY TRIAL 'ASSAULT ON AMERICA' AS CASE OFFICIALLY KICKS OFF
Meanwhile, Judge Juan Merchan fined Trump $9,000 Tuesday morning for violating a gag order that bans him from speaking publicly about witnesses and family members of court officials.
Fox News contributor and constitutional law expert Jonathan Turley said the judge preventing Trump from responding to Cohen's comments through the gag order is "absurd," and he doesn’t believe Cohen is a trustworthy witness.
"You have someone who is making money, campaigning against Trump and attacking him on this trial, and the judge is letting him speak but not for the president to respond," Turley said Tuesday on "America’s Newsroom."
"This is an individual that was just recently hit by a judge saying that he is a serial perjurer, that he is gaming the system. This has been the long story of Michael Cohen, which is a story of a legal trainwreck," Turley continued. "I was a critic of his when he was still representing Trump. And his practice has always been thuggish, and he has often had a serious problem with telling the truth … how could you put that individual on the stand and take the oath is going to be really something to watch. If lightning doesn’t strike the courthouse, I will be very surprised."
Cohen's attorney did not immediately respond to a request for comment.
Fox News Digital’s Emma Colton contributed to this report.
Brian Flood is a media editor/reporter for FOX News Digital. Story tips can be sent to
