Help Me Understand Recent Developments with President Trump.

[UltraVires]

@Tim_T-Bonham.net

Well, when the incident that you are trying to hush up was a crime (adultery and prostitution), then in most states the legality becomes questionable.

Also, claiming he did it not for the campaign but to conceal it from his latest wife – isn’t there evidence that she already knew of it before the cover-up?

What if the person hypothetically is innocent? Let’s say we don’t have Donald Trump, but candidate X who is being shaken down by someone threatening to extort him by falsely claiming that she had an adulterous affair with him? If Candidate X (by whatever otherwise legal means) pays the woman off on the thought that it is easier to shut her up than to go into lengthy denials, then it is not a prostitution/adultery contract, no?

[Colibri]

@UltraVires

In any event, there is an unknowable personal component to the gift and an unknownable campaign component to the gift. When does it become a campaign expense that requires reporting and/or is a bar because it is a corporate contribution?

Issues like this no doubt are something that could be decided at trial. As such, they are speculative and thus outside the scope of GQ.

@UltraVires

What if the person hypothetically is innocent? Let’s say we don’t have Donald Trump, but candidate X who is being shaken down by someone threatening to extort him by falsely claiming that she had an adulterous affair with him? If Candidate X (by whatever otherwise legal means) pays the woman off on the thought that it is easier to shut her up than to go into lengthy denials, then it is not a prostitution/adultery contract, no?

No, but it would be a failure to report the crime of extortion, and thus illegal anyway. The proper course would be to report the attempted extortion to the authorities, even if this would make it public.

[UnwittingAmericans]

Since when is it a crime to not tell anyone you’re being extorted, candidate or not, paying or not?

[Railer13]

@Tim_T-Bonham.net

Well, when the incident that you are trying to hush up was a crime (adultery and prostitution), then in most states the legality becomes questionable.

When I read this, I thought ‘wait a minute, since when is adultery a crime?’ But then I looked it up. According to Wikipedia, adultery is indeed a criminal offense in 20 states, including New York. Punishment ranges from a 10 dollar fine in Maryland to a four year prison term in Michigan. In New York (where presumably the act took place), it’s a Class B misdemeanor.

[Voyager]

@Max_Torque

I still believe that Donald and Melania were planning to get divorced after he lost the election. And, I believe the payments were to keep the two women from testifying during the divorce. There, evidence of adultery would almost certainly cost him dearly.

Interesting theory. However, the fact that Trump’s adulterous affair during his first knowledge was covered extensively by the NY Post makes me think that he has a solid pre-nup. In a divorce trial Melania could hardly express shock that Trump might be unfaithful.

[Chronos]

Quoth UltraVires:
I’m trying to find a hypo that works so as not to be de minimis. Let’s say that I am running for office and give a $10,000 donation to the Billy Graham organization (or whatever, it is clearly charitable). Is it different if a corporation that I have a controlling interest in gives it to the charity?

I do that both because: 1) I like the organization and want to give them money, and 2) I hope that when people hear that I gave that money, they will think I am a wonderful guy and vote for me. I think when anyone gives, there is a sociological debate on whether they do that for good or so that they can feel good that people feel good about them.

In any event, there is an unknowable personal component to the gift and an unknownable campaign component to the gift. When does it become a campaign expense that requires reporting and/or is a bar because it is a corporate contribution?

And if you’re doing it through a corporation, then you’re also hoping that: 3) People will hear that you gave the money and think well of your company and buy more of whatever it is that you’re selling.

[Bricker]

@Colibri

Issues like this no doubt are something that could be decided at trial. As such, they are speculative and thus outside the scope of GQ.

No, but it would be a failure to report the crime of extortion, and thus illegal anyway. The proper course would be to report the attempted extortion to the authorities, even if this would make it public.

Could you refresh my recollection as to the relevant criminal statute that penalizes “failure to report the crime of extortion,” please? I don’t think the failure to report extortion is a crime.

[jasg]

@Voyager

Interesting theory. However, the fact that Trump’s adulterous affair during his first knowledge was covered extensively by the NY Post makes me think that he has a solid pre-nup. In a divorce trial Melania could hardly express shock that Trump might be unfaithful.

Tom Steyer should stop pushing for impeachment to get back at Trump. Money would be better spent on a (huge) annuity for Melania if she leaves the Donald.

[Tim_T-Bonham.net]

@jasg

Tom Steyer should stop pushing for impeachment to get back at Trump. Money would be better spent on a (huge) annuity for Melania if she leaves the Donald.

How would that benefit our country?

[TimeWinder]

@Tim_T-Bonham.net

Well, when the incident that you are trying to hush up was a crime (adultery and prostitution), then in most states the legality becomes questionable.

Nitpick nitpick: adultery is not a crime in most states, and rarely prosecuted in the ones where it is. (And apparently I missed that I was beaten to this).

[friedo]

It is a crime in New York, surprisingly. I have no idea if you’ll find any recent prosecutions for it, though. (I doubt it.)

[sciurophobic]

@Paul_in_Qatar

2. It is not illegal to pay off women with either personal funds nor with finance funds. But, if you used finance funds you would have to tell everyone, so that sort of defeats the purpose.

3. The President repaid the lawyer. This does mean the contribution was not illegal. In fact, the repayment simply shows that there was a conspiracy.

I believe the key word here is “personal” If Trump paid Cohen back from his own bank account that’s not illegal. But Cohen was repaid by the Trump Organization, and that’s a campaign contribution from a corporation, which is illegal.

[ftg]

@sciurophobic

I believe the key word here is “personal” If Trump paid Cohen back from his own bank account that’s not illegal. But Cohen was repaid by the Trump Organization, and that’s a campaign contribution from a corporation, which is illegal.

This is a canard.

The spending by a candidate of his/her “personal” money on a campaign falls under Federal election law.

“Personal” money spent on a campaign must be reported.

The only issue is whether is was spent to help the campaign. Which requires mental somersaults to deny.

[scr4]

@sciurophobic

If Trump paid Cohen back from his own bank account that’s not illegal…

Trump keeps saying that, but that’s not true.