TriggerFinger


Will Trump be charged with campaign finance violations?


Andy McCarthy thinks so. I don't, but mostly because DOJ policy forbids indicting a sitting president. I think Mueller will write a report saying he would have indicted Trump if Trump was not the president. He will then pass it off to Congress and invite them to consider impeachment.

Will they? The Democrats just took the House. Of course they will at least consider it. They have the votes to do it if everyone votes straight party. They can even afford to lose quite a few weak seats if they want to try to protect them. On the other hand, trying to get Trump removed from the Senate is a political non-starter, needing 67 votes when they have only 47 or so. So, to the extent that they try to impeach, they will use it as a political weapon to damage his reelection chances.

Should they? Using very weak campaign finance charges combined with even weaker lying about sex and/or lying about Moscow hotel deals, all taking place before Trump became president, none of which at this point appears to involve Trump directly but merely his campaign, to try to remove a president is facially absurd. So far there's basically no proven personal nexus to Trump's actions; campaign finance violations are usually cured by fines not felonies; Trump has the "I trusted my lawyer to do it legally" defense; Cohen's cooperation and credibility have been destroyed by his admissions of lying and the violation of attorney-client privilege. You couldn't get a conviction in an ordinary court after the necessary cross-examination and tossing out of the tainted evidence.

Historically, lots of presidents have had various affairs, including payoffs, without facing impeachment. Clinton did face impeachment for lying about it, but not removed... and his impeachment was considered one of the biggest political mistakes in modern history. (I supported it, but mostly because of all the other crap he had done, ie, Waco, etc). Edwards, as a candidate in the primary, was charged with campaign finance violations for paying off his mistress in a similar but not identical scheme. He was not convicted, as I recall.

Mark Levin has convincingly argued that using personal money to make such payoffs is both legal and necessary as they are not "campaign expenses", which would negate any disclosure requirements. (Edwards used money from supporters to make the payoffs; the exact financial structure of Trump's payoffs is unknown).

As a layman, all I can tell you is that campaign finance laws are a legal morass that appears to be impossible to avoid violating. Politicians are regularly caught up in violations and pay fines. I can't recall any of them being removed from office over the matter.

This entry was published Sat Dec 29 06:47:20 CST 2018 by TriggerFinger and last updated 2018-12-10 00:34:56.0. [Tweet]

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