Bradley Smith, a former Federal Election Commission head appointed by President Bill Clinton, challenged the prosecution’s theory in a June 1 thread. He argued that the timing of the payments in the New York criminal case against former President Donald Trump does not support a violation of the Federal Election Campaign Act (FECA).
Smith pointed out that presidential campaigns are required to file monthly reports with the Federal Election Commission (FEC) by the 20th of each month. These reports cover expenditures and contributions for the previous month. Therefore, the payment made to adult performer Stephanie Clifford, also known as Stormy Daniels, by ex-lawyer Michael Cohen on October 27, 2016, would not have been reported as a campaign expenditure until a December 8, 2016, Post-Election Report, even if it was considered one.
Smith emphasized that the prosecution’s theory, suggesting that Trump wanted to conceal the expenditure until after the election, is unfounded given the reporting timelines mandated by the FEC.
Moreover, Smith highlighted that the judge’s instructions to the jury did not include important information related to campaign finance law, such as the press exemption to FECA and the candidate’s ability to contribute an unlimited amount to their own campaign. This lack of comprehensive guidance could have impacted the jury’s understanding of the case.
In the case against President Trump, prosecutors alleged that payments made to Michael Cohen were part of a conspiracy to influence the 2016 elections through unlawful means, including violations of campaign finance law. However, Smith argued that reimbursing the $130,000 payment to Clifford would not have violated campaign finance law due to the candidate’s ability to contribute unlimited funds to their own campaign.
Smith raised concerns about the lack of unanimity among jurors regarding the unlawful means alleged by prosecutors, suggesting that this could be a reversible error in the case.
Ultimately, experts have criticized the decision to prosecute President Trump over campaign finance violations, especially considering that past presidential candidates like Barack Obama and Hillary Clinton faced fines for similar issues. The indictment of President Trump over a debatable alleged violation has sparked debate and scrutiny over the handling of campaign finance matters.
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