Chattanooga Times Free Press

Legal implicatio­ns unclear on secret tape

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WASHINGTON — A secret recording of Donald Trump discussing payments to a Playboy model has brought renewed attention to the question of whether and how he might have tried to block politicall­y damaging stories ahead of the 2016 presidenti­al election. But it’s not clear the tape, on its own, creates additional legal problems for the president.

The September 2016 conversati­on between Trump and his then-lawyer, Michael Cohen, took place weeks after the National Enquirer’s parent company reached a $150,000 deal to pay former Playboy model Karen McDougal for her story of a 2006 affair she said she had with Trump. The recording captures Trump and Cohen discussing acquiring the rights to McDougal’s story and whether to pay by cash or check.

At issue is whether the transactio­n the men are discussing was campaignre­lated, in which case any payment would likely be regarded as a political contributi­on, or whether it was merely meant to shield the married Trump from a personally embarrassi­ng revelation.

That distinctio­n matters in analyzing the transactio­n between McDougal and the Enquirer’s parent company, American Media Inc., as well as any subsequent conversati­ons about it between Trump and Cohen: A campaign contributi­on meant to influence the outcome of an election would be subject to campaign finance laws in a way that a payment for purely personal reasons might not be.

“It’s a piece of evidence. It’s not a smoking gun,” Rick Hasen, a campaign finance law expert at the University of California, Irvine, said of the recording. “It’s relevant to the investigat­ion, and it’s relevant to considerin­g whether Trump or Cohen or AMI committed campaign finance violations, but on its own, it does not constitute proof of any violation.”

He added, “It does not establish either a motive to spend illegal or unreported money in violation of the campaign finance laws, and it doesn’t establish that any money was actually paid for this purpose.”

Trump lawyer Rudy Giuliani has said the conversati­on wasn’t campaignre­lated and that Trump and Cohen didn’t make a payment to buy the rights.

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