The Potential Indictment
Background: The Payment to Stormy Daniels
During the 2016 U.S. presidential campaign, adult film actress Stormy Daniels alleged that she had an affair with then-candidate Donald Trump in 2006. In October 2016, just weeks before the election, Trump's personal lawyer Michael Cohen arranged for a $130,000 payment to be made to Daniels in exchange for her signing a nondisclosure agreement (NDA) about the alleged affair.
The payment and the NDA came under scrutiny in 2018 when it was revealed that Cohen had made the payment using his funds and that Trump had reimbursed him. This raised questions about whether the payment was an illegal campaign contribution. It attempted to prevent the truth from being released about Donald Trump before the election.
In August 2018, Cohen pleaded guilty to eight federal charges, including campaign finance violations related to the hush money payment to Daniels. Cohen said in court that he had made the payment "at the direction of" Trump and intended to influence the election.
In November 2018, the U.S. Attorney's Office for the Southern District of New York filed a sentencing memo for Cohen that implicated Trump in the hush money scheme. The memo stated that Cohen had "acted in coordination with and at the direction of" Trump and that the payment constituted a campaign finance violation.
The investigation into the hush money payment was also part of Special Counsel Robert Mueller's investigation into Russian interference in the 2016 election. In his final report, Mueller failed to decide whether Trump had committed a crime concerning the hush money payment but did note that Trump's actions raised questions of whether he had obstructed justice.
In December 2018, the U.S. Attorney's Office for the Southern District of New York reached a plea deal with American Media Inc. (AMI), the parent company of the National Enquirer, which had bought the rights to Daniels' story but had not published it. AMI admitted to paying Daniels "in concert with" the Trump campaign as part of the deal and agreed to cooperate with investigators.
The investigation into the hush money payment to Stormy Daniels resulted in the conviction of Michael Cohen on campaign finance violations and raised questions about Trump's involvement and whether he had obstructed justice. While the investigation did not result in charges against Trump himself (This will hopefully change on Tuesday), it highlights the legal consequences of using campaign funds to silence damaging information during an election.
One hopes this ends on Tuesday when Donald Trump is held accountable for the crime of the hush money payment to Stormy Daniels. It is essential to note that Donald Trump committed a minor offense; however, these crimes must be prosecuted to the fullest extent of the law. This would be the first time a former President of the United States was indicted and this event should weigh on the nation. It should allow everyone to take time to not only think about the grandeur of the American legal system but should renew hope that those who commit crimes will be prosecuted for those crimes.