You’ve seen it in the movies – the rich and powerful paying people to stay quiet about something they don’t want getting out. But is using hush money actually against the law? Well, in some cases it can be. Just look at ex-President Donald Trump. He’s been accused of directing his lawyer to pay adult film star Stormy Daniels and former Playboy model Karen McDougal over $100,000 each before the 2016 election to keep quiet about alleged affairs. Prosecutors say those payments violated campaign finance laws, but Donald Trump denies wrongdoing. So what’s the deal? Does forking over cash to buy silence equal a crime? Let’s break down what happened and look at whether Trump crossed a legal line or simply tried to avoid personal embarrassment.
What Is Hush Money?
Hush money is a bribe paid to assure someone’s silence, often to suppress information that could damage reputations or compromise privacy. While hush money itself is not illegal, the intent and circumstances behind the payment determine whether or not it constitutes a crime.
Intent Matters
If the intent of hush money is to cover up illegal activity or hide wrongdoing, then it is typically considered illegal. For example, if a public official pays someone to stay silent about corruption or unethical behavior, that would be illegal hush money. However, if the intent is to protect someone’s privacy regarding a legal and consensual act, then hush money may be permissible.
It’s a Fine Line
The line between legal and illegal hush money can be blurry. A payment to hide an affair to protect a family may be viewed differently than a payment to hide sexual harassment. Context matters in these situations. As a general rule, hush money should not be used to cover up criminal plans or activities, to avoid legal consequences, or to escape public scrutiny of serious wrongdoing.
When Hush Money Backfires
Even when the intent behind hush money is not clearly illegal, it can still backfire. The secret has a way of coming out, and the cover up often causes more damage. Public figures especially need to weigh the risks of hush money carefully, as it can undermine trust and credibility. While privacy and reputations are important, transparency and accountability are too. The morally upright choice is not always the expedient one.
In the end, hush money is a gamble. There may be situations where it seems the lesser evil, but it frequently creates more problems than it solves. As with most quick fixes, it often fails to address the underlying issues that made the secret or “indiscretion” possible in the first place.
Donald Trump’s Hush Money Payments to Stormy Daniels
Trump paid hush money to Stormy Daniels to keep her silent
In 2016, Trump’s personal lawyer, Michael Cohen, paid adult film actress Stormy Daniels $130,000 in exchange for her silence about an alleged affair she had with Trump in 2006. The payment was made just weeks before the election and violated federal campaign finance laws.
Campaign contributions are strictly regulated, and any payments over $25,000 must be disclosed. Cohen admitted that the hush money payments were meant to influence the election, making them illegal campaign contributions. Trump initially denied any knowledge of the payments but later admitted to reimbursing Cohen. Creating false records to hide the reimbursements added to the legal troubles.
Trump and Cohen created a false paper trail to hide illegal payments
To pay off Daniels, Cohen set up a shell company and false invoices to create a paper trail disguising the illegal hush money as a legal expense. Trump then wrote Cohen checks that Cohen cashed, reimburseing him for the illegal payment. Falsifying records to hide illegal campaign contributions is a felony. Both Cohen and Trump were investigated and implicated in federal crimes due to their attempts to hide these illegal payments.
While hush money itself is not illegal, hiding payments to influence an election is a serious crime. Trump’s attempts to cover up his affair and hide illegal campaign contributions ultimately led to legal troubles for himself and his allies. Though Trump denied wrongdoing, his lawyer ended up serving prison time for facilitating the illegal hush money scheme on Trump’s behalf.
Legal Implications of Trump’s Hush Money Payments
While “hush money” payments are not inherently illegal, the way Trump and his associates structured and disguised these payments during the 2016 election led to legal troubles. Cohen pleaded guilty to campaign finance violations for facilitating hush money payments to Stormy Daniels and Karen McDougal, who claimed to have affairs with Trump.
The Payments Were Illegal Campaign Contributions
Prosecutors argued that the hush money payments were illegal campaign contributions because they were made to influence the election. Contributions over $2,800 per election are illegal. Cohen admitted the payments were meant to suppress negative stories about Trump before the election, showing they were campaign-related.
The Payments Were Fraudulently Disguised
Cohen created shell companies and drafted misleading legal documents to hide the true purpose of the payments. For example, Cohen drafted contracts between Trump, “David Dennison” (Trump’s alias), and Daniels that did not mention the $130,000 payment. These actions showed Cohen knew the payments were illegal.
AMI’s Admission of Guilt
AMI, the publisher of the National Enquirer, also admitted to crimes related to hush money payments. AMI paid McDougal $150,000 for her story but never published it, in what was known as a “catch and kill.” AMI then admitted it made the payment “in concert” with Trump’s campaign to influence the election.
While Trump denies the affairs and maintains ignorance of the payments, Cohen’s guilty plea directly implicated Trump in the illegal schemes. The saga shows that hush money payments themselves may be legal, but disguising them as legal payments and using them to influence elections can lead down a precarious legal path. More details on Trump’s role may emerge as other investigations unfold, but for now Cohen and AMI have faced legal consequences for their parts in this tangled web of secret payments and lies.
Did Trump’s Hush Money Break Campaign Finance Laws?
When it comes to whether Donald Trump’s hush money payments violated campaign finance laws, the answer seems to be yes. Prosecutors argue that Trump falsified records to hide reimbursements for hush money payments to Stormy Daniels and Karen McDougal. The payments aimed to keep the women quiet about alleged affairs with Trump and were made just before the 2016 election.
The Payments Benefited Trump’s Campaign
The prosecutors claim the payments clearly benefited Trump’s campaign by preventing negative stories from influencing voters right before they headed to the polls. Even though the money came from Trump’s personal funds, it still amounted to an undisclosed campaign contribution because it was intended to help Trump win the election. Campaign finance laws require candidates to report all campaign contributions and expenditures, no matter the source. By hiding these payments, Trump violated those transparency requirements.
Trump Aimed to Conceal the Payments
According to court records, Trump’s former lawyer Michael Cohen pleaded guilty to campaign finance violations for facilitating hush money payments to Daniels and McDougal “at the direction and coordination of a candidate for federal office.” Cohen said in court that Trump directed him to make the payments and then reimbursed him for it, showing that Trump was personally involved. Prosecutors argue that Trump then took steps to cover up those payments through a web of secret financial transactions.
Impact on Trump’s Legal Liability
While some legal experts argue that proving “willful” intent to violate campaign finance laws may be difficult, Trump’s alleged actions to conceal the payments could demonstrate he knew his actions were illegal. If proven, this could put Trump in a precarious legal position and possibly lead to criminal charges once he leaves office. However, as a sitting president, Trump currently has immunity from prosecution. For now, the hush money saga remains an embarrassing and legally questionable episode that continues to dog Trump’s presidency.
Will Trump Face Criminal Charges for the Hush Money Payments?
While Donald Trump may have avoided impeachment, he’s still in hot water over those hush money payments. New York prosecutors have charged Trump’s company and its longtime CFO Allen Weisselberg with tax fraud related to $1.7 million in off-the-books compensation, including rent, car payments and school fees. Though not directly implicated yet, Trump remains under investigation.
The Charges Against Trump’s Company
The Trump Organization and Weisselberg were charged with falsifying business records, conspiracy, and criminal tax fraud. According to the indictment, Weisselberg and the company schemed to defraud federal, state and local tax authorities over 15 years by failing to report or pay taxes on executive compensation. If convicted, the company could face fines and Weisselberg up to 15 years in prison. ###Will Trump Be Personally Charged? While Trump himself was not charged in this first round of indictments, the door remains open. Prosecutors indicated that the investigation is “ongoing” and charges could still be brought against other executives or Trump. The hush money payments were made to silence Stormy Daniels and Karen McDougal, who claimed to have had affairs with Trump. Prosecutors believe the Trump Organization falsified records to hide the payments and evade campaign finance laws.
What Happens Next?
Trump still faces potential criminal exposure in three other cases:
- The New York attorney general is conducting a civil inquiry into Trump’s business practices.
- Prosecutors in Georgia are investigating Trump’s attempts to overturn the state’s 2020 election results.
- The Justice Department is probing the January 6 attack on the Capitol, which Trump is accused of inciting.
While Trump avoids legal consequences so far, his political future remains uncertain. Multiple criminal trials and looming charges could damage his reputation and turn supporters against him, especially if any future charges directly implicate the former president. The hush money saga is a stark reminder that Trump’s legal troubles are far from over.
Conclusion
So there you have it. The laws around hush money and campaign finance violations are complex. While some argue Trump did nothing illegal by paying hush money to silence allegations during his campaign, others say he clearly broke finance laws. There’s evidence on both sides. At the end of the day, it comes down to proving intent and whether the payments were made solely to influence the election. The courts will have to decide if lines were crossed or if shady business deals fall into an ethical gray area. Either way, the court of public opinion seems pretty convinced laws were broken. But the only verdict that matters will come from a judge or jury. We’ll have to stay tuned to see how this saga plays out.