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From: 0114 Michael Cohen (owner) To: 4978 Maggie Haberman To: 4978 Maggie Haberman “In late January 2018, I received a copy of a complaint filed at the Federal Election Commission (FEC) by Common Cause. The complaint alleges that I somehow violated campaign finance laws by facilitating an excess, in-kind contribution. The allegations in the complaint are factually unsupported and without legal merit, and my counsel has submitted a response to the FEC. I am Mr. Trump’s longtime special counsel and I have proudly served in that role for more than a decade. In a private transaction in 2016, I used my own personal funds to facilitate a payment of $130,000 to Ms. Stephanie Clifford. Neither the Trump Organization nor the Trump campaign was a party to the transaction with Ms. Clifford, and neither reimbursed me for the payment, either directly or indirectly. The payment to Ms. Clifford was lawful, and was not a campaign contribution or a campaign expenditure by anyone. I do not plan to provide any further comment on the FEC matter or regarding Ms. Clifford.”

In 2018, watchdog group Common Cause filed a complaint claiming the payment was an “in-kind contribution” to Trump’s campaign. But the FEC failed to support their general counsel’s recommendation to investigate amid partisan deadlock in 2021. Cohen in 2018 pleaded guilty in Manhattan federal court to eight counts that included one count of causing an unlawful campaign contribution, and another count of an excessive campaign contribution, in connection with the payment to Daniels.

“Overall, the Republican Party is on fairly shaky ground on ethical issues given who the de facto leader of their party is,” Aaron Scherb, the senior director for legislative affairs at the good-government group Common Cause, told me. “I’m sure to some extent they’re worried about being called out for hypocrisy.”

Watchdog group Common Cause filed a complaint claiming the payment was an “in-kind contribution” to Trump’s campaign, but the FEC failed to support their general counsel’s recommendation to investigate amid partisan deadlock. Cohen ultimately pleaded guilty to election finance violations, and said the Trump Organization reimbursed him.

“If the court orders additional proceedings in the district court, holding trial before the election will become virtually impossible,” said a brief supporting Mr. Smith from Common Cause, a watchdog group.

Aaron Scherb, senior director of legislative affairs at good government watchdog Common Cause, agreed with Fischer’s assessment that the payments may violate reporting and corporate contribution laws. “By a legal sleight of hand, it appears that Trump world is trying to hide the true recipients of these donations,” Scherb told The Daily Beast. He noted that corporations aren’t allowed to donate directly to these committees, and that corporations can’t reimburse contributors. The payments, Scherb said, must be “thoroughly investigated to ensure that all entities and individuals are complying with the law.” “Shenanigans like this are reason #1000 why we need the DISCLOSE Act, which Senate Republicans have blocked at least five times in the last several years,” Scherb added.