It's not just Donald Trump's defenders who think the Manhattan DA’s case against him has some serious holes.
But, “it would have to be a New York state crime.” The fact that whatever alleged campaign finance misconduct took place involved a federal election means that it’s very iffy that prosecutors could actually operate on this legal theory: “You have all of these potential potholes that are going to sideline the District Attorney’s vehicle here with a blowout on these little technical violations,” Zelin says.
“Practically, it is really more or less a victimless crime, unless you truly believe that the election was truly influenced by the fact that people didn’t know about the hush money payments,” Zelin says. “And with all of the stuff that he has said, does anyone really believe that if it got out that he paid Stormy Daniels and Karen McDougal, that it would have changed the election? Probably not.”
There’s also the issue of Cohen: If the case does go into the direction it appears to be going, he’d almost certainly be the key witness at trial. But Cohenin late 2018 related to this payment — including lying to Congress. There’s also the question of whether Trump could be shown to have had knowledge about these financial shenanigans.
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