Trump lost out twice in one day in appellate court on two issues central to his public criticisms of the hush-money case: the trial venue and the trial judge.
The payment of hush money would have counted as a campaign contribution regardless of the source. If he paid it personally it would have been reportable. If Cohen paid it it would have been reportable. If a third party paid it it would have been reportable.
The reason it would have been reportable is because it provided benefit to the campaign. Covering up negative news is a benefit to the campaign, so if he paid it himself it would still have been a campaign contribution he would have to report.
By covering up the payment he is taking or making a campaign contribution in violation of FEC rules. By suppressing the story of his affair with Stormy Daniels he is contributing to his campaign and failure to disclose makes this a crime.
The fact that he committed a crime by failing to report a campaign contribution is what makes the payment itself part of a felony rather than a misdemeanor. In New York law they do not have to prove the specific electoral crime itself for this set of falsifications of business records to be related to a felony level crime and therefore felonious. The jury instructions approved by the judge specifically say that the jurors can find that he violated one of several options of law for raising this to a felony.
The problem is people on juries can (try) to disregard instructions. I served on one and was NOT the foreperson and yet was the only one to speak up when some insisted on raising hypothetical motives when the judge had specifically instructed us only to consider presented evidence.
“No, you cannot guess as to what occurred” I had to repeatedly say.
I worry that one or more jurors will rationalize instead of fulfill their sworn duty. I hope not but….
The payment of hush money would have counted as a campaign contribution regardless of the source. If he paid it personally it would have been reportable. If Cohen paid it it would have been reportable. If a third party paid it it would have been reportable.
The reason it would have been reportable is because it provided benefit to the campaign. Covering up negative news is a benefit to the campaign, so if he paid it himself it would still have been a campaign contribution he would have to report.
By covering up the payment he is taking or making a campaign contribution in violation of FEC rules. By suppressing the story of his affair with Stormy Daniels he is contributing to his campaign and failure to disclose makes this a crime.
The fact that he committed a crime by failing to report a campaign contribution is what makes the payment itself part of a felony rather than a misdemeanor. In New York law they do not have to prove the specific electoral crime itself for this set of falsifications of business records to be related to a felony level crime and therefore felonious. The jury instructions approved by the judge specifically say that the jurors can find that he violated one of several options of law for raising this to a felony.
The problem is people on juries can (try) to disregard instructions. I served on one and was NOT the foreperson and yet was the only one to speak up when some insisted on raising hypothetical motives when the judge had specifically instructed us only to consider presented evidence.
“No, you cannot guess as to what occurred” I had to repeatedly say.
I worry that one or more jurors will rationalize instead of fulfill their sworn duty. I hope not but….
¯\_(ツ)_/¯