Cry more, from the same article. This was all known in 2018 by...

Cry more, from the same article. This was all known in 2018 by Trump.

The Important Facts and How the Law Works

One of Cohen’s campaign finance violations relates to his use of his own money to make a $130,000 “hush” payment to adult film actress Stephanie Clifford (a.k.a. Stormy Daniels) in October 2016. Cohen’s other campaign finance violation relates to his collaboration with tabloid publishing corporation American Media Inc. (AMI) in its $150,000 “catch and kill” payment to former Playboy model Karen McDougal in August 2016. Both women claim to have had affairs with Trump a decade before receiving payments from Cohen and AMI.

Cohen’s guilty plea didn’t surprise me. I spotted these violations early this year and, on behalf of the nonpartisan group Common Cause, we filed complaints with the Department of Justice (DOJ) and Federal Election Commission (FEC) in January regarding the Clifford payment, in February regarding the McDougal payment, and another one in March regarding the Clifford payment. These complaints included allegations that Cohen made an illegal $130,000 contribution and AMI made an illegal $150,000 contribution to the Trump campaign. Common Cause also alleged violations by Trump, the Trump campaign and the Trump Organization—allegations that seem even more well-founded after the Cohen guilty plea.

What did surprise me, however, were the statements Cohen made during his court appearance to enter his plea agreement. Cohen told the presiding judge under oath that the payments to Clifford and McDougal were made “in coordination with and at the direction of a candidate for federal office,” a clear reference to then-candidate Trump. Cohen stated further: “I participated in this conduct … for the principal purpose of influencing the election” for president in 2016. These sworn statements by Cohen directly implicate the president in at least four violations of federal campaign finance law, which are criminally enforced, and potentially other federal offences.

There’s added reason to trust what Cohen said in the courthouse compared to what he may have previously told the press. He made these claims under penalty of perjury. He also made the statements pending sentencing. Lying to or even just misleading the judge in that situation could have dire consequences for the amount of time he spends in prison. Lastly, if prosecutors had reason to think Cohen’s statement was false, they were under an obligation to inform the judge immediately. They didn’t.

A violation of campaign finance law is only a crime punishable by imprisonment, as opposed to a civil offense punishable only by fine, if an individual’s violation of the restrictions was knowing and willful. As explained in the Department of Justice manual, Federal Prosecution of Election Offenses, federal campaign finance law violations “become potential crimes when they are committed knowingly and willfully, that is, by an offender who knew what the law forbade and violated it notwithstanding that knowledge.” That’s an important qualification to keep in mind. It means that knowledge of the law is, in some sense, an excuse or get-out-of-jail free card in this arena. And it is prosecutors who would have the burden of proving beyond a reasonable doubt that a defendant acted with this state of mind.

Its is jail time for Trump.

Cry harder.