Former federal prosecutor Mimi Rocah explained on MSNBC Wednesday why Michael Cohen had every incentive to tell the truth during his testimony before Congress. Not only would lying cause trouble for him in the context of violating his cooperation agreement with special counsel Robert Mueller, but telling the truth could further benefit him with federal prosecutors in the Southern District of New York.
"He has sort of a carrot and stick incentive to tell the truth," Rocah said. If Mueller determines that Cohen lied under oath, they can simply “rip up” the agreement he entered with them. “He is then susceptible for being prosecuted for crimes that he got immunity for in that agreement," Rocah noted. “He would be subject to possible more jail time, in addition to possible charges obviously for perjury for lying here.”
The “carrot” part comes from the Southern District, which submitted a sentencing memo for Cohen that was much harsher than that of the special counsel. Rocah explained that Cohen might be trying to get a post-sentence reduction in jail time, or what's known as a Rule 35. In order to do that, Cohen will have to provide continued assistance to the Southern District in its investigations, which he does appear to be doing through ongoing cooperation. But truthful testimony before Congress could also bolster Cohen's hope of getting a post-sentence reduction.
If Cohen comes through for federal prosecutors in Manhattan and "they then write a letter to the judge saying, okay, he's provided assistance to us, now he should get a reduction in his sentence—the fact that he's also testified truthfully in front of Congress will also go into that letter. And it's certainly something the judge will consider because they look at the person as a whole."
"So standing alone here, this testimony won't get him a reduction," Rocah continued, "but his incentive to tell the truth here is huge."