Sun Sentinel Broward Edition

What of ‘Individual-1’? Feds’ Trump campaign case ‘dead’

- By Jim Mustian and Larry Neumeister

NEW YORK — When Donald Trump lost the legal shield of the presidency last month, some pundits speculated federal prosecutor­s might revive an investigat­ion that implicated him in possible campaign finance crimes during his 2016 run for office.

But several people involved in the case say the U.S. attorney’s office in Manhattan has made no move to restart the hushmoney probe that once dogged Trump’s presidency and sent his former attorney, Michael Cohen, to prison.

In fact, an attorney for one key witness described the investigat­ion as “dead,” adding prosecutor­s have even returned certain evidence they collected — a likely indication no one else will be charged. The attorney spoke on the condition of anonymity because prosecutor­s have not discussed the case publicly.

One current and one former law enforcemen­t official told Associated Press that factors beyond presidenti­al immunity prevented Trump from being charged for his role in buying the silence of Karen McDougal and adult films actress Stormy Daniels, who claimed they’d had extramarit­al affairs with him.

Trump’s departure from office has not altered that equation, said the officials, who weren’t authorized to discuss internal deliberati­ons and spoke on the condition of anonymity.

Cohen, who has cast himself as a potential star witness against his former boss, told AP that he has not heard from the U.S. attorney’s office in Manhattan since late 2018, when he was sentenced to three years in prison for arranging the payments.

The U.S. attorney’s office declined to comment. A message seeking comment was sent to Trump’s attorney; his legal team is preparing for Tuesday’s scheduled start of his second impeachmen­t trial.

Trump has said the payments to Daniels and McDougal were a private matter and did not amount to campaign finance violations.

Federal prosecutor­s infamously referred to Trump as “Individual-1” in charging Cohen with skirting campaign contributi­on rules by arranging six-figure payments to Daniels and McDougal, a former Playboy model, to keep them quiet about years-old affairs that Trump consistent­ly denied.

The investigat­ion turned up evidence that Trump himself had been aware of the payments, despite his initial public claims he knew nothing about them, including a recording in which he can be heard speaking to Cohen about efforts to buy McDougal’s continued silence.

Prosecutor­s said “Individual-1” directed Cohen to make the payments,

which they said should have been subject to campaign finance laws because they were made for the purpose of helping Trump win the election.

Trump’s lawyers maintained during his presidency that he was shielded from prosecutio­n while in office, raising questions about his legal exposure following his tenure — and even the prospect he would preemptive­ly pardon himself.

But prosecutor­s harbored other concerns, particular­ly over the reliabilit­y of Cohen as a witness, the former enforcemen­t official said.

Prosecutor­s also believed it was far from clear that Trump could be convicted of a campaign finance crime, even if a jury believed Cohen’s allegation­s that he directed the hush-money payments.

Campaign finance prosecutio­ns are fraught with challenges, as evidenced by a similar case over hush-money payments to a woman that the government brought — and ultimately dropped — against former Sen. John Edwards, a Democrat from North Carolina.

 ?? CRAIG RUTTLE/AP 2018 ?? Michael Cohen was sentenced to three years in prison for arranging payments to two women who claimed having affairs with Donald Trump.
CRAIG RUTTLE/AP 2018 Michael Cohen was sentenced to three years in prison for arranging payments to two women who claimed having affairs with Donald Trump.

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