I'm not talking about the jury. I'm talking about whether or not Trump bought Daniels' silence because of the election. All the evidence points to he did. I don't see any evidence he didn't.
Techically only partially true. To paraphrase Paul Harvey... There is more to the story.
#1
Under federal campaign finance law individuals are limited to the amount of cash and (what are called) in-kind contributions to a campaign exceeding these limits is why Cohen was charged and convicted of Federal campaign finance fraud. However, a candidate can contriubute UNLIMITED funds and contributions to their own campaign, the catch is that is has to be reported to the FEC and such records are available to the public.
#2
Testimony in court was that Trump wanted to stiff Daniels (pun intended). To delay payment until after the votes had been cast at which point he could withhold payment and the story could come out as the election was over. That shows the payments were about the condition of the campaign and not for preventing the story coming out as Trump was fine with it coming out later.
#3
As the bumper sticker pionts out, paying for an NDA is not illegal. However no one was ever charged with obtaining an NDA. The charges stemmed from (a) the method of payment by Cohen fronting the money (which was illegal), and (B) Trump money laundering the money through his business to hide Cohen's crimes. The later payments were spread out and "invoiced" for a retainer that didn't exist (Cohen didn't work for Trump by this time) and for services not preformed during the period of the invoice. Breaking the payments over a year was specifically to hide the payments instead of making a one-time lump sum payment.
#4
So Trump COULD have done this all legally, but choose not to, instead using illegal methods to make the NDA payment (Cohen's actions) and to hide Cohen's crime by falsifying records. How could Trump have done it leally?
- Choen negotiates the deal with Daniels and her lawyer,
- Trump withdraws the required amount from his personal accounts,
- Trump provide Cohen with the legal instrument of payment (certified check, electronic transfer, etc.),
- The deal is closed, Trump pays and both parties sign the NDA,
- Trump then reports the contribution to his campaign to the FEC.
So a candidate can make unlimited cash and in-kind contributions to their own campaign. Trump gives Cohen the payment instrument. Meaning Cohen would not have had to front the campaign the illegal loan. Cohen would not have been convicted of Federal campaign fraud. Daniels would have been paid off and kept her mouth shut. But the payment would have been public record.
Now remember the timing. This was just before the election. The final FEC filing had ALREADY been made and was in the public record. At this point Trumps filing of the cash support to his campaign would have had to be reported until AFTER the election. And since testimony in court was Trump was fine if the story came out later, he would have achived his goal.
Under Scenerio #4 there was no crime. Cohen didn't commit campaign fraud, Trump wouldn't have been convicted of falsification of business records.
WW
