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Emails introduced into evidence in the Donald Trump trial reveal a move to set up a 'back channel' to President Trump that would run through Rudy Giuliani at a time Michael Cohen was lawyering up after an FBI raid on his apartment and office.
It was designed 'sort of to be covert. It’s all back-channel. Sort of I Spyish,' is how Cohen put it during his second day of testimony in the Trump hush money trial Tuesday.
The relationship began after FBI I agents appeared at Cohen's door in 2018 to seize his two cell phones and remove documents in a search that included his office and flooded residence. He said he was 'despondent' and 'angry.'
He was also vulnerable, with potentially incriminating documents in his possession, including one that acted as a 'side' agreement stating that Trump and Stormy Daniels were the figures in a contract to bury her claims of an affair, which Trump denies occurred.
It happened at a time when Cohen was 'scared' and 'wanted some reassurance that Mr. Trump had my back.'
Costello, an attorney who previously worked previously as a prosecutor in the Southern District of New York, appeared to dangle such a lifeline, Cohen testified: a way to connect Cohen with Trump as he fought what was shaping up to be a potential legal battle.
Michael Cohen spoke about a 'back channel' to Trump that would allow him to maintain a line to President Trump through his lawyer, Robert Costello, who was close to Rudy Giuliani. It was meant to be 'covert' while Cohen was deciding what to do following an FBI raid on his home and office
'He also stated to me that this would be a great way to have a back channel communication to the president in order to ensure that you’re still good and that you’re still secure,' Cohen testified.
But he wasn't persuaded, having been introduced to the lawyer by an associated.
'There was something really sketchy and wrong about him,' Cohen said of Costello, who is close to the former New York mayor (although Costello sued Giuliani for $1.4 million in unpaid legal fees).
Costello did not immediately return a call to DailyMail.com about the supposed 'back channel.'
He told CBS he as contacted by Trump's lawyer Todd Blanche, and believes he might be called as defense witness.
Although he testified he had no idea what the feds were investigating, Cohen was certainly aware that he was in possession of material that would establish a trail for the Stormy Daniels payoff – including an audio recording he secretly made of Trump about one hush payment and documents about his $130,000 payment to the porn star, for which he got reimbursed.
Emails introduced as evidence reveal Costello's repeated efforts to demonstrate his access to Giuliani, who according to Costello was communicating with then-President Trump about it.
Lawyer Robert Costello touted his access to Rudy Giuliani when cultivating Michael Cohen as a potential client
'Sleep well tonight, you have friends in high places,' he wrote in April 2018, around the time Trump was tweeting his belief that Cohen wouldn't 'flip'
Giuliani was close to Trump and would join the president's legal team
Costello is a former federal prosecutor in the Southern District of New York. He has represented Steve Bannon and Rudy Giuliani, suing both claiming unpaid legal fees
Prosecutors brought into evidence Trump's tweets about whether Cohen would 'flip.' He would later call Cohen a 'rat'
'I am sure you saw the news that Rudy is joining the Trump legal team. I told you my relationship with Rudy which could be very very useful for you,' Costello wrote Cohen April 19th, trying to leverage the connection.'
Although Cohen said he hadn't made an agreement to retain Costello, an email a few days later by Costello states that the back channel is already open.
'Michael, I just spoke to Rudy Giuliani and told him I was on your team. Rudy was thrilled and said this could not be a better situation for the President or you. He asked me if it was okay to call the President and Jay Sekulow and I said, fine,' he wrote, mentioning another Trump lawyer.
'He asked me to tell you that he knows how tough this is on you and your family and he will make sue [sure] to tell the President. He said thank you for opening this back channel of communication and asked me to keep in touch,' Costello wrote.
Cohen said in court Tuesday he was concerned that the channel might funnel information to Trump,
'I was also concerned, again, when he started talking about his incredibly close relationship to Rudy, that anything I said to him was going to be spoken and told to Rudy Giuliani. And, of course, because Rudy Giuliani at the time was so proximate to Mr. Trump, President Trump, that anything that I said would get back to him,' Cohen said.
Another email from Costello, dated April 21, gave more reassurance that 'they are in our corner.'
The two men met, traded phone calls and emails as Cohen decided what to do following an FBI raid on his home and office
'I spoke with Rudy. Very, very positive. You are loved. If you want to call me, I will give you the details,' Costello wrote.
'I told him everything you asked me to and he said they knew that. There was never a doubt, and they are in our corner. Rudy said this communication channel must be maintained. He called it crucial and noted how reassured they were that they had someone like me who Rudy has known for so many years in this role. Sleep well tonight. You have friends in high places,' Costello concluded.
A post script drove home the point. 'P.S.: Some very positive comments about you from the White House. Rudy noted how that followed my chat with him last night,' Costello wrote.
Prosecutors had Cohen note that the messages nearly intersected with Trump's public tweets about whether or not Cohen would 'flip' -– or turn against him.
'Michael is a businessman for his own account/lawyer who I have always liked & respected. Most people will flip if the Government lets them out of trouble, even if it means lying or making up stories,' Trump wrote.
'Sorry, I don't see Michael doing that despite the horrible Witch Hunt and the dishonest media!'
The post 'let me know that I was still important to the team and stay the course that the president had my back,' Cohen said, asked for his response at the time.
But things would sour with Costello, and by June the lawyer was having to prove to Cohen that he wasn't manipulating him.
'Michael, to prove to you that Rudy Giuliani called me and I did not call him, I photographed the pages from my iPhone, which I am attaching,' Costello wrote.
There are indications of angry phone calls. '
Michael, since you jumped off the phone rather abruptly, I did not get a chance to tell you that my friend has communicated to me that he is meeting with his client this evening,' Costello wrote. Cohen said that was referencing Giuliani and Trump.
'I must tell you, quite frankly, that I'm not used to listening to abuse like today's conversation,' Costello wrote, using some of Cohen's own tactics. (Cohen has said he would sometimes 'bully' people for Trump). Costello worried that Cohen had met with another lawyer and that he had been 'played here.'
One June 14, Costello sent Cohen a clip of Giuliani discussing the possibility of Cohen cooperating in special counsel Robert Mueller's Russia probe.
Cohen asked why he was sending it, prompting another angry exchange.
'It seems clear to me that you are under the impression that Trump and Giuliani are trying to discredit you and throw you under the bus,' Costello wrote, saying that was not the case.
'I think you are wrong, because you are believing the narrative promoted by the left wing media,' he advised. But he said they were wrong. 'Many of them are already writing that you are cooperating,' he wrote, but said it was a tactic to 'put pressure on you into believing that you are alone. That everyone you knew before is distancing themselves from you and you are being "thrown under the bus.''
Cohen never revealed to the lawyer what he knew about the Stormy Daniels arrangement. 'I didn't trust him,' he said in court.
Instead, by August Cohen would plead guilty to lying to Congress and a campaign finance. Although he didn't reach a cooperation agreement, he met with the special counsel, as well as prosecutors while in prison and during home confinement about the Stormy Daniels case and other matters. He testified this year for prosecutors in the Trump fraud trial.
And he says he made the pivot after speaking to his wife daughter and son.
That 'all said to me, why are you holding onto this loyalty?' Cohen testified. 'What are you doing? We're supposed to be your first loyalty?
Asked what decision he made at that point, he responded: 'That it was about time to listen to them.'
If Costello were to get called by the defense, he has a lot to say about Cohen.
He told a House committee on 'weaponization' of government Wednesday that Cohen 'took a foolish step by lying that he had evidence that Rudy Giuliani and I had conspired to obstruct justice by dangling a pardon for him to keep his mouth shut about Donald Trump,. That was totally false and utter nonsense,' he said.
'Now, after going to jail, Michael Cohen is on a revenge tour because he blames Donald Trump for the loss of his law license and the fact that he did go to jail,' Costello wrote in a statement to the committee.
DailyMail.com also sought comment from Giuliani.