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Culture War Roundup for the week of May 27, 2024

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I still haven't seen a decent theory for why this payment is specifically for the campaign, while it would seemingly be perfectly legal any other day of the week for a Totally Upstanding Well-Known Businessperson and Public Figure.

My understanding is that the motivation for it was specifically the impact it could have on voters, especially so close to the election (the payment was in late October). Rather than some general concern about Trump's image. I believe this specific concern is memorialized in contemporaneous communication by Cohen, Packard, and others.

Is it shady? Absolutely, but "running for office limits your otherwise-available personal publicity campaigning" seems a bit questionable under the generally-favored strict scrutiny for free speech questions. Which is part of why Citizens United came down the way it did: the government claimed then-extant election funding rules allowed them to ban books.

As I mention in my original comment the manner in which Trump went about it is probably the whole issue. If he had decided to pay off Daniels out of his own funds there is probably no crime.

Isn’t the big problem for you that Trump seemed to try to keep this from coming out in 2011! That proves his motivation was not solely for the campaign.

And even then, see Brad Smith’s view on campaign contributions (ie he believes per se it isn’t a campaign contribution)

His motivation doesn't have to be solely the campaign for it to be a campaign contribution. If Cohen made a campaign expenditure on behalf of or in coordination with a campaign, then it was a campaign contribution.

Brad Smith former FEC chairmen appointed by Clinton explained that campaign expenses are things that a person (not the candidate) would only spend on an election (eg polls, fees directly related to the campaign). It would not include things like a nice suit even if the candidate purchased it solely with campaign in mind.

At best the law here is very convoluted. But we are to believe Trump and Cohen connected this scheme to try to keep Cohen out of hot water that may or may not exist even though Cohen didn’t testify “Trump did it for that reason.” Literally zero evidence on that point meaning per se the prosecution loses. But it doesn’t bother you?