Trump's Personal Lawyer And Campaign Manager Both Going To Prison

[bowserthedog]

Machiavellian said:

bowserthedog said:

The problem with considering it a campaign expense is that in order for it to be considered a campaign expense you have to prove that it was done solely for the purpose of benefitting the campaign. Things like expensive hair cuts, american made suits benefit the campaign and aren't considered campaign expenses. For example. It should also be noted that Trump's campaign would be charged not Trump personally if this is indeed viewed as a violation by the FEC.

If intentions matter as it seems like a lot of you are suggesting it should also be noted that the law exists to prevent private entities from donating so much that they can control the candidate once they are in power. This is clearly an example where it was in no way an attempt to buy political favors from Trump. 

Here's an informative piece about the law around campaign over donating.  Nowhere does it mention the possibility of anything more than a fine. 

 

https://www.wileyrein.com/newsroom-newsletters-item-709.html

That is a misleading article since it only talks about the fine penalty.  Here is something a little more comprehesive and it has jail time.

https://www.ussc.gov/sites/default/files/pdf/news/congressional-testimony-and-reports/campaign-finance/200305_RtC_Increased_Penalties_Campaign_Finance_Offenses.pdf

Got to the Amendment section as you will find it the fine is only just part of what can happen.  Basically we would need to know if this was to go to trial against the President what level prosecutors would change.  At the end of the day, if prosecutors believe the offense is serious enough, it would be considered no different than a criminal fraud case with jail time.

The problem with all of these arguments is that the Trump Campaign hasn't been charged. What more proof do you need that he hadn't done anything illegal in this case?

In order for it to qualify for the more serious offence, there is a list of conditions which need to have been met.

"(2) Provide a sentencing enhancement for any person convicted of such violation if such violation involves – (A) a contribution, donation, or expenditure from a foreign source; (B) a large number of illegal transactions; (C) a large aggregate amount of illegal contributions, donations, or expenditures; (D) the receipt or disbursement of governmental funds; and (E) an intent to achieve a benefit from the Federal Government."  

We will have to wait and see what happens. But based on history I think it's going to be very difficult to see Trump get into legal trouble on this one. You have to be able to prove two things for it to potential end up in criminal charges against the campaign. You'd have to prove that Trump would not have wanted to silence these women for personal reason such as embarrassment or his wife finding out. This was something that prosecutors failed to do in the case of John Edwards a few years back. You'd also have to prove that Trump didn't pay Cohen back using his own personal money. And for a guy who spent over 60 million of his own money it would be very hard to do so. I personally find it a bit humorous that a guy who received the lowest amount of public donations in modern times that he'd be the one to go down for a donation that was clearly not intended to influence him. 

BTW.  Politifact has it as similar to Obama in potential severity. 

https://www.sharethefacts.co/share/cfe97272-bf17-4f08-b0e3-ba3788daa810