# Question About Stormy Daniels' NDA

**URL:** <https://boards.straightdope.com/t/question-about-stormy-daniels-nda/808058>\
**Category:** Politics & Elections\
**Created:** [February 2, 2018, 7:51pm UTC](https://boards.straightdope.com/t/question-about-stormy-daniels-nda/808058 "2018-02-02T19:51:11Z")\
**Posts on this page:** 3\
**Page:** 2

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**Author:** ![Jon\_in\_PDX](https://avatars.discourse-cdn.com/v4/letter/j/d26b3c/32.png) [@Jon\_in\_PDX](https://boards.straightdope.com/u/Jon_in_PDX)\
**Post date:** [March 3, 2018, 8:00pm UTC](https://boards.straightdope.com/t/question-about-stormy-daniels-nda/808058/21 "2018-03-03T20:00:25Z")

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> [@Ravenman](#):
>
> Are you a lawyer? I am not, but I very strongly doubt your reading is correct that ignorance of campaign laws is a defense.

My first post above addresses both of those issues.

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**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\
**Post date:** [March 3, 2018, 8:33pm UTC](https://boards.straightdope.com/t/question-about-stormy-daniels-nda/808058/22 "2018-03-03T20:33:46Z")

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> [@Ravenman](#):
>
> Are you a lawyer? I am not, but I very strongly doubt your reading is correct that ignorance of campaign laws is a defense.

As I read his statement, it is for a civil violation of FEC law - in which case you are fined and educated. It is not for a criminal complaint - which they can bring against you.

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**Author:** ![Jon\_in\_PDX](https://avatars.discourse-cdn.com/v4/letter/j/d26b3c/32.png) [@Jon\_in\_PDX](https://boards.straightdope.com/u/Jon_in_PDX)\
**Post date:** [March 3, 2018, 8:42pm UTC](https://boards.straightdope.com/t/question-about-stormy-daniels-nda/808058/23 "2018-03-03T20:42:06Z")

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Ok, perhaps that was harsh. I do have a legal education, so some things make sense to me that might not be sensible to others. I started researching this because it struck me, too, as unusual, and what I found is this:

With this law, which establishes the FEC’s authority to enforce election laws, it appears to me that ignorance is a valid defense against being punished as a regulatory matter by the FEC. That said, the “knowingly and willfully” language in no way offers a defense against prosecution of the underlying law as a criminal matter in federal court. This answer satisfies me because I can see the media reporting that “knowingly and willfully” was a required element of proceedings without going into the difference between regulatory vs criminal adjudication, although I haven’t looked into what was said about (or really what happened with) the Edwards case.

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