Cohen tape legal implications for Trump unclear

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 that the tape, on its own, creates additional legal problems for the president.

At issue is whether the transaction the men are discussing was campaign-related, 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.

“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 … 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 campaign-related and that Trump and Cohen didn’t make a payment to buy the rights.

Lawyers for Trump and Cohen have made different representations about whether the recording shows Trump wanting to make the payment via cash or check. But that distinction probably doesn’t matter.

“The question comes down to whether or not there’s a payment, by any means, that violated the amount and source requirements of the law,” said Daniel Petalas, former general counsel at the Federal Election Commission. “Paying by check doesn’t change anything.”

Michael Cohen