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What to Make of the Cohen Plea and Manafort Convictions
[National Review] Analyzing the guilty plea of Trump’s onetime personal lawyer and the conviction of his former campaign chairman.Who would have thought that the conviction of his former campaign manager would be the good news for President Trump yesterday? From a political standpoint, the guilty plea of the president’s lawyer Michael Cohen is the more damaging news. Cohen pled guilty to eight felonies. While the five counts of failure to pay taxes on over $4 million in income are the most consequential to him, most significant to the country are two counts of illegal "in kind" campaign contributions. These, of course, involve $280,000 in hush-money payments made prior to the 2016 election to two women who claim to have had sexual liaisons with Donald Trump, many years before. In entering his guilty plea in Manhattan federal court (the Southern District of New York), Cohen acknowledged that he was directed to make the payments by Donald Trump ‐ referred to as "the candidate." Let’s split some legal hairs. The media narrative suggests that these payments violate federal law because they were made to influence the outcome of the election. That is not quite accurate. It was not illegal to pay hush money to the two women ‐ Karen McDougal and Stephanie Clifford (a.k.a. "Stormy Daniels"). It was illegal for Michael Cohen to make in-kind contributions (which is what these pay-offs were) in excess of the legal limit. Specifically, it was illegal for Michael Cohen to make contributions exceeding $2,700 per election to a presidential candidate (including contributions coordinated with the candidate); and illegal for the candidate to accept contributions in excess of that amount. It was also illegal for corporations to contribute to candidates (including expenditures coordinated with the candidate), and for the candidate to accept such contributions. The latter illegality is relevant because Cohen formed corporations to transfer the hush money. Posted by: Besoeker 2018-08-23 |
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