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Culture War Roundup for the week of May 27, 2024

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Because the purpose of the payment was to benefit the campaign.

According to who? The prosecution?

This is a novel argument: personal money you spend on personal causes makes you a better candidate, so it counts as a campaign contribution! There is no limiting principle here, because it's a silly argument that has never been used before. Even your quotation of the SEC shows the distinction: according to the prosecution, the payment wasn't made by Trump's campaign but by Trump himself.

According to who? The prosecution?

The prosecution, yes, but also according to Cohen, Packard, and others who were negotiating the deal at the time.

This is a novel argument: personal money you spend on personal causes makes you a better candidate, so it counts as a campaign contribution! There is no limiting principle here, because it's a silly argument that has never been used before. Even your quotation of the SEC shows the distinction: according to the prosecution, the payment wasn't made by Trump's campaign but by Trump himself.

Let's not get confused. There are two payments here. Cohen's payment to Daniels was an unlawful campaign contribution by the FEC definition. It exceeded the allowed limits and was made on behalf of and in coordination with the candidate. If Trump had made that payment himself it would not be a crime because he can spend as much as he wants on his own campaign. Trump's payments to Cohen may also not have been problematic if Trump made them directly, but he paid them through his business instead and lied about what they were for.

You have the basic factual problem that both Stormy and Cohen have coronated that Stormy’s story was shut down in 2011 putting a lie to Cohen’s belief that it was solely about the campaign. Indeed Cohen’s evidence (if you believe that POS) was that Trump didn’t give a shit if Mrs. Trump found it therefore he only cared about the campaign. Cohen seems to think it is binary. But maybe Trump would care about how his son with Mrs Trump would care? Maybe Trump was bluffing about Mrs Trump to not appear pussy whipped?

Paying off a mistress sounds like a fairly normal thing for a private banker or rich guys personal fixer.

So does paying a grifter to go away if they sign an NDA with a huge clawback clause.

It was tried once before re John Edwards. It was crushed and everyone moved on. It is why Brad Smith was willing to testify.

John Edwards was accused of the opposite, using campaign funds for his personal needs. That happens sometimes and politicians do occasionally get convicted for it. That's what makes the Trump case so egregious.

His mortgage on his primary residence counts as a campaign contribution because people are less likely to vote for a homeless person. /S