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Clifford was lawful, and was not a campaign contribution or a campaign expenditure by anyone.” In the full statement , Cohen says he’s responding to a complaint filed with the Federal Election Commission that “alleges that I somehow violated campaign finance laws.” While he insists that the allegations are “factually unsupported and without legal merit,” nothing in Cohen’s statement disproves them — unless one actually believes that he gave Clifford a massive sum of money for reasons that have nothing to do with his boss. In complaints to the FEC and Justice Department filed last month, Common Cause, a nonpartisan government watchdog group, said there’s reason to believe the payment to Clifford was an “unreported in-kind contribution” to the Trump campaign, as well as an “unreported expenditure by the [campaign] — because the funds were paid for the purpose of influencing the 2016 presidential election.” It may not be immediately apparent how money used to pay off a candidate’s mistress that doesn’t pass through the campaign could violate campaign finance laws, but a fairly recent political scandal addressed that very question. In 2011 former senator John Edwards was indicted on charges that he violated the law by having wealthy donors cover the expenses of his pregnant mistress, Rielle Hunter, in an attempt to cover up their affair during the 2008 presidential campaign. As Thomas Frampton recently explained in a post on the Harvard Law Review blog, the Edwards case turned on whether secret payments count as a campaign “contribution” under the Federal Election Campaign Act of 1971 (FECA). He wrote: FECA’s definition of “contribution” in 52 U.S.C. § 30101(8)(A) includes “any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office.” Importantly, there is no requirement that a “contribution” be labeled as such or that the money actually pass through a campaign’s coffers: a third-party’s payment of a candidate’s campaign or personal expense qualifies as a “contribution,” except where “the payment would have been made irrespective of the candidacy.” That last bit was the key to Edwards’s defense. His attorneys argued there was insufficient proof that Edwards’s wealthy pals wanted to help him conceal his affair from voters, rather than from his cancer-stricken wife. They noted Hunter accepted much of the money after Edwards dropped out of the race, and said there was no proof that she was about to share her story with the press. Edwards was ultimately found not guilty on one felony charge, and the jury was deadlocked on five other felony charges. Finding a campaign-related motive wouldn’t be a problem for prosecutors looking into the Stormy Daniels affair. Rumors about Trump’s affair with Clifford had circulated for years, and she discussed them at length with InTouch in 2011.
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