Michael Cohen Pled Guilty to Something That Is Not a Crime
14th December 2018
The Federal Election Campaign Act holds that an “expenditure” is any “purchase, payment, loan, advance, deposit or gift of money, or anything of value, for the purpose of influencing any election for Federal office.” According to Cohen and the U.S. Attorney, the hush-money payments were, it appears, made in the hopes of preventing information from becoming public before the election, and hence were “for the purpose of influencing” the election. This means that, at a minimum, they had to be reported to the Federal Election Commission; further, if they were authorized by Mr. Trump, they would become, in the law’s parlance, “coordinated expenditures,” subject to limits on the amounts that could be spent. Since the lawful contribution limit is much lower than the payments made, and the payments were not reported, this looks like an open and shut case, right?
Well, no. Or at least not in the way some might presume. To the contrary, the law — following our common sense — tells us that the hush-money payments outlined by the U.S. Attorney are clearly not campaign expenditures. There is no violation of the Federal Election Campaign Act.
So why would he do that? Obviously because that gets The Law off his back with as little lost skin as possible. By getting Cohen to plead guilty to something that wasn’t a crime, they create the illusion that it actually was a crime, which is all part of the attempt to railroad Trump. They can’t indict a sitting President, so this claim will never be tested in an actual court during Trump’s term of office, but it does provide a Clever Plastic Disguise for use by Congressional Democrats in potential impeachment activity.