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Tuesday, March 28, 2023

Did Robert Costello Breach Michael Cohen's Confidences?

My new essay is up at Law&Crime, discussing Robert Costello's grand jury testimony in the Stormy Daniels case. Here is the gist:

Attorney Robert Costello May Face Ethics Questions for 'Hatchet Job' on Michael Cohen

If Manhattan district attorney Alvin Bragg decides against indicting Donald Trump for the Stormy Daniels payoff, it will be at least in part thanks to the hatchet job attorney Robert Costello did on star prosecution witness Michael Cohen. Or so says Alan Dershowitz.

In a recent interview with Fox News host Maria Bartiromo, the acclaimed former Harvard law professor opined that Costello's testimony before the grand jury "has proved that the main witness is going to be a perjuring liar on the witness stand." Thus, according to Dershowitz, if Bragg "uses Cohen as a witness, he could actually lose his bar license. It's unethical to put a witness on the stand who you know is lying, and he has to know that Cohen will be lying."

Dershowitz is right that there is a lurking ethics issue, but it is Costello's problem, not Bragg's.

You can read the entire essay at Law&Crime (not paywalled).

Posted by Steve Lubet on March 28, 2023 at 04:52 AM | Permalink


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