Thursday, May 3, 2018

IRON-BOUND ALIBI (REVISED)

White House lawyer Rudy Giuliani, apparently with President Trump's backing, recently described the $130,000 hush money payout to porn star Stormy Daniels in such a way as to avoid any possibility critics could say that bribe was an illegal use of campaign funds.

Giuliani seemed quite pleased with the result, the way he demolished claims the campaign had acted incorrectly. Instead, he proved Trump's lawyer, Michael Cohen, did indeed break campaign financing laws.

Nice going, Rudy!

So, how did he do that? The man made it clear Trump reimbursed his lawyer after the election. (Does this mean Trump was lying when he claimed he knew nothing of any payment? Maybe. See below.) Because Cohen had ponied up his own money, no campaign funds were used, and that makes all the difference, according to Giuliani.

The problem is, the fault in Cohen's action was never about an illegal use of campaign funds. It was about an illegal contribution to the campaign. And the fact Trump paid the guy back after the election—if it is a fact; Cohen seems to say otherwise—doesn't nullify that illegal act.

(Here's the thing: Cohen may not realize he was paid back because Trump assigned the man's monthly retainer to the task; it's not clear if even Trump knew he was doing it at the time—this interpretation may have been designed to keep the hush money from being paid with campaign money, retroactively.)

By paying off a troublesome porn star, keeping her from making salacious statements just before the election, Cohen performed a monetary action in furtherance of the Trump campaign. In effect, that's a $130,000 contribution to the campaign, an amount of money beyond the limits dictated by campaign finance law.

Sure, the campaign is now off the hook, which makes Trump happy. But is this the right message to send to Cohen at a time when he's being pressured to flip on his famous client?

Further, Daniels's lawyer showed a document on Late Night With Stephen Colbert that suggests the California Attorney General might have jurisdiction over the hush money payment (which was made through a San Francisco bank)—rendering any secret promise by the President to pardon his lawyer out of bounds.

Again, not what Trump needs Cohen to hear while the man is deciding whether or not to cooperate with authorities.

Trump, of course, is always eager to claim he's done nothing wrong at any time. ("No collusion, and everybody knows it!") And if that attitude negatively impacts on those around him, folks loyally acting on his behalf, so be it.

But in this case, the President's reflex to claim innocence might just trigger an action aimed directly at his heart.

Ah, the irony.

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