Colonel Hogan
Madness
- Joined
- Sep 16, 2005
- Posts
- 18,372
which funds for a campaign are not considered campaign funds?
Basically personal funds (haircuts, new clothes, plastic surgery nose jobs, etc) which might make a candidate more electable are NOT campaign funds. The law was specifically put in to prevent candidates from "living off" campaign proceeds. There is a difference in law between legitimate campaign expenditures and those that simply aren't. Part of that definition is that legitimate campaign expenditures are ONLY those that WOULD NOT exist but for the very existence of the political campaign: advertising, printing, travel, etc. There was a very good article written recently by a former FEC commissioner about how hush money to Stormy Daniels and company did not qualify by that definition because there are any number of reasons OTHER THAN THE CAMPAIGN to keep her quiet. Thus, it was not a campaign "contribution" at all.
Trouble is, like any legal theory, you have to fight FOR it to PROVE it. Cohen, by pleading guilty to an alleged campaign finance violation, essentially legitimizes the charge. He creates the violation that he arguably wasn't guilty of -- count eight in the indictment. The rest of the counts he may well have been guilty of.
And the real problem for Trump is that Cohen plead guilty to 18 USC Sec. 2(b). And while Cohen wasn't charged with violating 18 USC 2(a), THAT section might well signal legal problems for Trump under the language of whosoever "aids, abets, counsels, commands, induces or procures" an offense against the United States.
Now that Cohen's plea established an "offense," Trump is open to the liability imposed by section (a).
Take a look: https://www.law.cornell.edu/uscode/text/18/2