re: #127 freetoken

If Trump is still President when Cohen gets a criminal trial (will he? with what will he be charged?), I wonder if Trump will be able to restrain from commenting daily on the court proceedings.

I realize that the Stormy case is a civil case. For this, is it a bad thing for Cohen to not testify? Can not a jury find him culpable of damages just on the evidence that is probably currently in the hands of the FBI?

In a civil trial, the trier of fact (jury or judge) may draw a negative inference from invoking the Fifth Amendment privilege. But they are not required to. It will also prohibit Cohen from being able to testify at trial or via declaration for motions on anything that he previously asserted the privilege on. So, he’s potentially put himself in a bind on the civil suit, but he’s probably more worried about the criminal case against him.