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Culture War Roundup for the week of May 27, 2024

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The second case is literally not a campaign contribution. "That’s why another part of the statute defines “personal use” as any expenditure “used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate’s election campaign.” These may not be paid with campaign funds, even though the candidate might benefit from the expenditure. Not every expense that might benefit a candidate is an obligation that exists solely because the person is a candidate."

Clothing does not count as a campaign contribution. Clothing is personal use. Humans have an obligation to be clothed even if they are not campaigning. And public figures have a commitment to hush up their affairs even if they are not campaigning.

Let's imagine the reverse world:

Suppose Trump had used campaign funds to pay off these women. Does anyone much doubt that many of the same people now after Trump for using corporate funds, and not reporting them as campaign expenditures, would then be claiming that Trump had illegally diverted campaign funds to “personal use”? Or that federal prosecutors would not have sought a guilty plea from Cohen on that count?

There is, at the least, reasonable doubt that this action was illegal, and the standard for convicting someone of a felony is beyond a reasonable doubt.

I am not convinced those are general as you assert. The statute also lists "meals" as an example of things that can be campaign expenditures (and therefore outside payment of which can be contributions). The question is not "does Trump have a commitment to buy clothes" its "does Trump have a commitment to buy this specific article of clothing." It's not about the category of thing being purchased, it's about the particular expenditure. I think Trump's attempts to put off paying Daniels until after the election, and his belief he wouldn't need to do so after the election, evince that he had no commitment to paying her outside the context of the then-ongoing election. In any case, this is clearly what Michael Cohen believed, and he's the one who actually committed the election crime.