Robert Khuzami, the acting U.S. attorney standing in for Geoffrey Berman, who has recused himself from the Cohen case, says in the government’s sentencing memorandum that Cohen committed a campaign finance violation by arranging payments from corporations to two women—Woman-1 and Woman-2 (Karen McDougal and Stormy Daniels, respectively), who claimed they had affairs with Trump—in order to buy their silence. Cohen eventually invoiced the Trump Organization for the Daniels payment.
Khuzami asserts these were illegal corporate contributions to the Trump campaign because they were made with “the intent to influence the 2016 presidential election.” Thus, he claims, they were campaign-related expenses and all of the rules governing federal campaigns apply to the payments.
But there are numerous problems with Khuzami’s claim.
First, his theory that anything intended to “influence” an election is a campaign-related expense fails to take into account the statutory limitation on this definition. FECA (52 U.S.C. 30114 (b)(2)) specifically says that campaign-related expenses do not include any expenditures “used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate’s election campaign.”
Trump’s Ex-Lawyer Didn’t Violate Campaign Finance Laws, and Neither Did the President
Intent and Characterization of Events ..... 2 opposing OPINIONS
Khuzami asserts these were illegal corporate contributions to the Trump campaign because they were made with “the intent to influence the 2016 presidential election.” Thus, he claims, they were campaign-related expenses and all of the rules governing federal campaigns apply to the payments.
But there are numerous problems with Khuzami’s claim.
First, his theory that anything intended to “influence” an election is a campaign-related expense fails to take into account the statutory limitation on this definition. FECA (52 U.S.C. 30114 (b)(2)) specifically says that campaign-related expenses do not include any expenditures “used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate’s election campaign.”
Trump’s Ex-Lawyer Didn’t Violate Campaign Finance Laws, and Neither Did the President
Intent and Characterization of Events ..... 2 opposing OPINIONS