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Trump-Stormy Daniels settlement at heart of potential NY DA indictment didn't violate campaign law: FEC expert
Fox News ^ | 3/18/23 | Aaron Kliegman

Posted on 03/19/2023 7:50:56 AM PDT by Libloather

Prosecutors in the Manhattan district attorney's office won't have much of a legal leg to stand on if they indict former President Donald Trump on violating campaign finance law, according to a legal expert and former member of the Federal Election Commission (FEC).

"If the state charges are based on a supposed violation of federal campaign finance law, then the Manhattan DA is way off base," Hans von Spakovsky told Fox News Digital.

Von Spakovsky's comments came shortly after Trump said Saturday that he expects to be arrested Tuesday amid reports saying the Manhattan district attorney's office is preparing to issue an indictment for alleged hush money payments that Trump made as a presidential candidate in 2016.

**SNIP**

In the final weeks of the 2016 presidential campaign, Trump's then-lawyer Michael Cohen sent $130,000 to Daniels to prevent her from disclosing her alleged 2006 affair with Trump, who has denied the affair. Trump subsequently reimbursed Cohen.

It's been widely speculated that Trump could be charged with overseeing the false recording of the reimbursements in his company's internal records as "legal expenses."

Prosecutors are also expected to charge Trump with violating campaign finance laws by arranging the payments to buy Daniels' silence weeks before the 2016 election. However, experts have questioned the legal reasoning behind such a charge.

"A settlement payment of a nuisance claim is not a federal campaign expense," said von Spakovsky, a senior fellow at the Heritage Foundation. "The state DA has no authority to prosecute a federal campaign finance violation in any event."

Such cases, he argues, are within the province of the FEC, where he served as a commissioner, or the U.S. Justice Department, explaining that both agencies have known about the facts for years but have chosen not to prosecute Trump.

(Excerpt) Read more at foxnews.com ...


TOPICS: Business/Economy; Front Page News; Government; Politics/Elections
KEYWORDS: 2024; campaign; crookedtrump; fec; indictment; lockhimup; ny; stormydaniels; sureitdidnt; trumpindictment
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To: wiseprince

Trump beating Hillary was bad enough....but the real “crime” he committed was basically destroying everything Obama did, which wasn’t much....hes has over shadowed the first “black” President so bad, its almost like Bronco Bama wasn’t even President. Filled his Supreme Court seat...left “obama-care” a skeleton of what it was intended to be. Out performed him terribly in foreign policy. Thats what the real “sin” is...they’ll never get over it.


41 posted on 03/19/2023 8:50:08 AM PDT by basalt (qb's)
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To: newzjunkey

“Should be a wild week in the chattering classrs”

I remember her in a video, or live on TV, saying she had photos and a video of them in bed together. She said she would produce it to prove she’s not lying. That was several years ago.

Well....we haven’t seen photos or a video, have we? That’s because it never occurred.

Who’s paying this woman for her lies?


42 posted on 03/19/2023 8:52:40 AM PDT by toldyou (Even if the voices aren't real, they have some pretty good ideas.)
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To: toldyou

she lost her defamation case against Trump....and ordered to pay his legal fees....


43 posted on 03/19/2023 8:55:25 AM PDT by basalt (qb's)
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To: JonPreston

I did that, changed from R to Independent back in 2020 when I saw how pathetic the Republicans were fighting back against that corrupt election. I didn’t leave the Republican party after being a member for a lifetime....they left me.


44 posted on 03/19/2023 8:55:47 AM PDT by bohica1
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To: ohioman

“We are a country in an undeclared war.”

Actually, I think the war was declared, albeit perhaps “unofficially”, when they pulled a successful coup and stole the 2020 election. It was further declared when they unlawfully arrested, detained and prosecuted hundreds of innocent protestors that just ‘showed up’ at the Capitol. It’s just that too many on “our side” are in denial, suffering from normalcy bias and/or are too gutless to do anything about it.

If this had happened back in the founding fathers’ days...

we wouldn’t be having these conversations.


45 posted on 03/19/2023 8:56:53 AM PDT by Danie_2023 (I haven't given up....I'm just regrouping.)
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To: Libloather

Both deny the one night stand story. So the question then becomes why the payoff?

Probably that scumbag lawyer Cohen was playing the long game. Pay her with his own money to set Trump up, submit a reimbursement request to Trump hoping he doesn’t look closely at it, just more “legal expenses” from the lawyer.

Then Cohen leaks the story to the scumbag demonrats.


46 posted on 03/19/2023 8:57:42 AM PDT by Newtoidaho (All I ask of living is to have no chains on me.)
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To: Libloather

If we are going to prosecute sex scandals then lets re-open Epstein case and his sex island of young children and all the traffic to and from it on the “Lolita Express”....


47 posted on 03/19/2023 9:00:15 AM PDT by Wildbill22 (They have us surrounded again, the poor bastards- Gen Creighton William Abrams)
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To: ncalburt

We’re all eagerly awaiting your actual proof that the one night stand occurred.


48 posted on 03/19/2023 9:14:24 AM PDT by cyclotic
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To: Newtoidaho

Cohen’s not that bright or forward thinking. It was just a quickie/easy way to make the ho go away, IMO.

It would have worked had Trump not run for president AS A REPUBLICAN....automatically making him Target #1 of the radical left.


49 posted on 03/19/2023 9:26:34 AM PDT by Danie_2023 (I haven't given up....I'm just regrouping.)
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To: ohioman

Get over your Hate filled immature sick soul self .
You appear to be too fragile and have too low of a IQ to handle any dissenting comment .

But to Wish Cancer on a total stranger is a very outrageous comment to post here or anywhere .

You should be removed for such a outrageous comment.


50 posted on 03/19/2023 9:28:58 AM PDT by ncalburt ( Gop DC Globalists are the evil)
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To: Libloather

BTTT


51 posted on 03/19/2023 9:31:54 AM PDT by nopardons
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To: PGR88

“In NY State, abusing one’s DA or AG position for political lawfare to gain name recognition is a long-standing tradition”

***********

Well said. NYS residents might want to reflect on the type of “leadership” this legal abuse produces.


52 posted on 03/19/2023 9:34:57 AM PDT by Starboard
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To: Libloather
Lawfare dates back to at least the Prophet Daniel's 600 BC.

The Plot against Daniel

1Now it pleased Darius to appoint 120 satraps to rule throughout the kingdom, 2and over them three administrators, including Daniel, to whom these satraps were accountable so that the king would not suffer loss. 3Soon, by his extraordinary spirit, Daniel distinguished himself among the administrators and satraps. So the king planned to set him over the whole kingdom.

4Thus the administrators and satraps sought a charge against Daniel concerning the kingdom, but they could find no charge or corruption, because he was trustworthy, and no negligence or corruption was found in him. 5Finally these men said, “We will never find any charge against this Daniel, unless we find something against him concerning the law of his God.”

6So the administrators and satraps went together to the king and said, “O King Darius, may you live forever! 7All the royal administrators, prefects, satraps, advisers, and governors have agreed that the king should establish an ordinance and enforce a decree that for thirty days anyone who petitions any god or man except you, O king, will be thrown into the den of lions. 8Therefore, O king, establish the decree and sign the document so that it cannot be changed—in accordance with the law of the Medes and Persians, which cannot be repealed.”

9Therefore King Darius signed the written decree.

53 posted on 03/19/2023 9:44:40 AM PDT by DannyTN
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To: Libloather

I’m simply going to cite the John Edwards case here and leave it at that.


54 posted on 03/19/2023 9:46:15 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Libloather

Ima thinking Trump will subpoena records of the Fed Gov paying out hush money for claims of sexual abuse by Congressmen. It will be interesting if the Court attempts a gag order. Fat chance he will comply.


55 posted on 03/19/2023 9:59:05 AM PDT by healy61
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To: Mr. K

I believe Bubba had some kind of insurance policy which paid for it.


56 posted on 03/19/2023 10:03:43 AM PDT by Sacajaweau ( )
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To: ohioman

A scum bag like you is not worth a respectful conversation. Why don’t you infect a site with people who actually agree with you?

************

Daily Kos & Democrat Underground are “right up his alley.”


57 posted on 03/19/2023 10:05:44 AM PDT by unclebankster ( Globalism is the last refuge of a scoundrel.)
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To: Libloather

And Bragg should be fired. ???

He should be in Prison for maliciously prosecuting Donald Trump in an attempted Extortion plot...


58 posted on 03/19/2023 10:12:37 AM PDT by eyeamok (founded in cynicism, wrapped in sarcasm)
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To: Libloather

Bragg’s next job will be a salesman at a used car lot.


59 posted on 03/19/2023 10:15:38 AM PDT by Vaduz (LAWYERS )
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To: Libloather

This stupidity by Bragg will actually benefit Trump.

This is the weakest lawfare case against the 45th President.

When this case falls apart, the cases in DC and Georgia will fall apart shortly after.


60 posted on 03/19/2023 10:20:43 AM PDT by unclebankster ( Globalism is the last refuge of a scoundrel.)
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