After a photo of Michael Cohen out with family and friends was posted over the weekend, people started chattering that maybe Cohen’s post-surgery recovery excuse for canceling a Senate Intelligence Committee experience wasn’t legitimate.

Committee chairman Sen. Richard Burr (R-N.C.) was chief among Cohen critics on Tuesday, pronouncing “I can assure you that any goodwill that might have existed in the committee with Michael Cohen is now gone.”

Cohen had cited “post-surgery medical needs” in recovery from minor shoulder surgery as why he was missing the scheduled Tuesday testimony before Congress. Cohen was subpoenaed to appear.

Burr didn’t seem to believe Cohen’s surgery recovery story.

“The way he’s positioning himself not coming to the committee we may help him go to prison,” he said. “He’s had a letter for six months asking for his return […] He’s already stiffed us on being in Washington today because of an illness,. Yet on Twitter a reporter reported he was having a wild night Saturday night eating out in New York with five buddies. Didn’t seem to have any physical limitations and he was out with his wife last night.”

Cohen’s attorney Lanny Davis wasn’t about let Burr to have the last word, so he said Cohen can feel pain and enjoy dinner with his wife and friends at the same time. He but said it was “impossible” for Cohen to testify before Congress because of “medication.”

“Despite Senator Burr’s inaccurate comment, Mr. Cohen was expected to and continues to suffer from severe post shoulder surgery pain, as confirmed by a letter from his surgeon, which was sent to Senator Burr and Senator Warner,” Davis said in a statement to Law&Crime. “The medication Mr. Cohen is currently taking made it impossible for him to testify this week. It should be noted that Mr. Cohen committed to all three committees that he would voluntarily testify before the end of the month. We believe Senator Burr should appreciate that it is possible for Mr. Cohen to be in pain and still have dinner in a restaurant with his wife and friends.”

[Image via Yana Paskova and Getty Images]