While President Donald Trump is breathing a sigh of relief following the conclusion of the special counsel’s Russia investigation, other members of his family may not be so lucky.
At least, that’s what Michael Cohen’s lawyer believes. Appearing on Hill.TV’s “Rising,” attorney Lanny Davis said that Donald Trump Jr. committed “a crime” and should be “indicted” for signing his name to a check that was allegedly used to purchase adult film star Stormy Daniels’ silence ahead of the 2016 election.
Trouble for Trump Jr.?
“I do suggest, respectfully, that Donald Jr., based upon signing a hush money check for his father — out of a trust fund, by the way, that was set up to prevent any money being spent that would help Donald Trump while he was president — out of that trust fund is where the Donald Jr. check was written, that is a crime,” Davis told “Rising” hosts Krystal Ball and Saagar Enjeti on Monday.
“He should be, in my opinion, respectfully, indicted, based upon just the signing of that check,” Davis added.
Testifying before the Democratic-led House Oversight and Reform Committee in February, Cohen produced evidence in the form of two $35,000 checks that he claims were reimbursement for $130,000 he paid to Ms. Daniels in 2016. While one of these checks was signed by President Trump, the other was endorsed by Trump Jr. and Allen Weisselberg, chief financial officer of the Trump Organization.
“There’s no allegation or credibility issue here. Federal prosecutors found that Donald Trump directed and coordinated an illegal hush money scheme and the payment of $35,000 a month,” Davis said. “The payment of $35,000 a month was a payoff for what was a fictitious legal services retainer agreement, which the federal government prosecutors said never existed. So this is not a matter in dispute.”
“That check signed by our president is a fact that cannot be denied as a felony committed by the president of the United States, which, thanks to Michael Cohen and his testimony, is now before federal prosecutors,” he said.
Not so fast!
In fact, there are plenty of election law experts who disagree that the hush money payments represent a campaign finance violation. Writing for National Review, former chairman of the Federal Election Commission Bradley A. Smith explained that if the obligation to pay off Daniels could occur “irrespective” of the looming election, then the president did not violate federal election regulations.
“Certainly Mr. Trump had many valid, non-electoral reasons for trying to keep these allegations quiet, most notably family harmony, protecting family members (especially his young son, Baron), and preserving his future viability as a television personality in case he lost the election,” Smith wrote.
However, Davis reached a different conclusion than the former FEC chairman. He believes that the only reason that the elder Trump hasn’t been charged are regulations barring the indictment of a sitting president. “They can’t indict a president, but they can indict Don Jr. because the second check was signed by Don Jr., the same $35,000 a month installment payment for the hush money,” Davis insisted.
Wrong again
Of course, Davis has been wrong before. The liberal lawyer and lobbyist apologized in August for telling multiple mainstream news outlets that the president had advance knowledge of an infamous Trump tower meeting in 2016.
“I regret not being much clearer in saying I’m not sure about this story,” Davis told NBC News. “It’s a major mistake for which I am 100 percent sorry. Period. I never should have done it unless I was certain and could prove it.”
So Davis’s “illegal hush money scheme” involving Trump Jr. could very well end up being just another discredited Democratic conspiracy. Given the attorney’s track record, and countervailing opinions among election law experts, Davis’ claims should be rejected as more anti-Trump hot air.
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