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Message
re: Levin: Cohen plea means nothing
Posted on 8/21/18 at 8:50 pm to BamaAtl
Posted on 8/21/18 at 8:50 pm to BamaAtl
Former Commissioner, Vice Chairman and Chairman of the Federal Election Commission (2000 and 2005) Professor Bradley Smith
https://www.wsj.com/articles/stormy-weather-for-campaign-finance-laws-1523398987
He did not.
https://www.wsj.com/articles/stormy-weather-for-campaign-finance-laws-1523398987
quote:
Shortly before the 2016 election, one of President Trump’s lawyers, Michael Cohen, arranged a $130,000 payment to the porn star in return for silence about a 2006 affair she claimed to have had with Mr. Trump. (Both the president and Mr. Cohen have denied the affair; Mr. Trump has said he did not know of the payment to Ms. Daniels until this February.)
Not satisfied with an old-fashioned sex scandal—perhaps because the president seems impervious to that—some want to turn this into a violation of campaign-finance law. Trevor Potter, a former member of the Federal Election Commission told “60 Minutes” the payment was “a $130,000 in-kind contribution by Cohen to the Trump campaign, which is about $126,500 above what he’s allowed to give.” The FBI raided Mr. Cohen’s office, home and hotel room Monday. They reportedly seized records related to the payment and are investigating possible violations of campaign-finance laws.
But let’s remember a basic principle of such laws: Not everything that might benefit a candidate is a campaign expense.
Campaign-finance law aims to prevent corruption. For this reason, the FEC has a longstanding ban on “personal use” of campaign funds. Such use would give campaign contributions a material value beyond helping to elect the candidate—the essence of a bribe.
FEC regulations explain that the campaign cannot pay expenses that would exist “irrespective” of the campaign, even if it might help win election. At the same time, obligations that would not exist “but for” the campaign must be paid from campaign funds.
If paying hush money is a campaign expense, a candidate would be required to make that payment with campaign funds. How ironic, given that using campaign funds as hush money was one of the articles of impeachment in the Watergate scandal, which gave rise to modern campaign-finance law.
quote:
Levin forgot about in-kind contributions...
He did not.
This post was edited on 8/21/18 at 9:05 pm
Posted on 8/21/18 at 8:57 pm to someoneBEE
That’s a great find.
That pretty much shows that Cohen’s remarks hold no water legally.
That pretty much shows that Cohen’s remarks hold no water legally.
Posted on 8/21/18 at 9:05 pm to someoneBEE
Interesting take.
One would assume that the reasoning used in Cohen’s/Lanny Davis’ statement would extend to all sorts of unforeseen cases.
If I had my accountant amend my taxes to avoid an embarrassing situation and it cost me $60,000 to do that, is that a “campaign expense” all of a sudden?
One would assume that the reasoning used in Cohen’s/Lanny Davis’ statement would extend to all sorts of unforeseen cases.
If I had my accountant amend my taxes to avoid an embarrassing situation and it cost me $60,000 to do that, is that a “campaign expense” all of a sudden?
Posted on 8/21/18 at 9:41 pm to someoneBEE
quote:
If paying hush money is a campaign expense, a candidate would be required to make that payment with campaign funds.
Posted on 8/21/18 at 10:54 pm to someoneBEE
Our poor already-fragile little Libs are going to fall to pieces when this goes to nothing.
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