Login
There are many reasons why legal experts are questioning the legitimacy of the criminal prosecution of former President Donald Trump. But the major reason is that the main claim in Manhattan District Attorney Alvin Bragg’s case—that Trump’s $130,000 settlement payment of a potential claim by Stormy Daniels was a campaign-related expense—is totally bogus.
Here’s a quick tutorial on why Bragg doesn’t have a legal leg to stand on—call it “Federal Campaign Finance Law for Dummies 101”—an apropos title, given what’s going on.
Daniels claims that she had a sexual encounter with Trump in 2006, fully 10 years before the 2016 presidential election, which Trump denies. For the payment, Daniels agreed to sign a nondisclosure agreement, which is a standard provision in many settlement agreements of personal injury cases and other claims.
Bragg contends that Trump falsified business records, a misdemeanor, when this payment was listed as legal expenses instead of a campaign expense.
Supposedly, according to Bragg, that converted the misdemeanors into felonies because Trump was concealing another crime. That other crime, according to prosecutors, is a violation of Section 17-152 of New York law, which makes it a misdemeanor to “promote … the election of any person to public office by unlawful means.”
Besides the fact that it’s very strange to allege that the commission of a misdemeanor for the purpose of covering up the commission of another misdemeanor is enough to allege a felony, the only plausible theory that Bragg is pushing for the alleged “unlawful means” was a violation of federal law by concealing a campaign-related payment.
With me so far?
But Trump was running for president. The raising and spending of money for campaigns for president and Congress is governed by federal law, the Federal Election Campaign Act, not state law. Any wrongdoing related to federal campaign financing falls under the enforcement authority of federal officials, not a local prosecutor like Bragg.
In fact, the Federal Election Commission, on which I served as a commissioner, has civil enforcement authority and the U.S. Department of Justice has criminal enforcement authority over violations of this law.
For the nuisance-value settlement payment to Daniels to fit within Bragg’s rickety legal structure, it would have to be a crime under federal law. In other words, it would have to be considered a campaign-related expense that was falsely reported under the Federal Election Campaign Act.
If you want an example of such a violation, just look at the $113,000 civil penalty the Hillary Rodham Clinton campaign and the Democratic National Committee agreed to pay in 2022. They listed the payments for the opposition research that formed the basis for the infamous Steele dossier, which fabricated the entire Trump-Russia collusion hoax, as legal expenses instead of opposition research.
But opposition research on the opposing candidate is obviously a campaign-related expense under applicable federal law, so the FEC had authority to investigate and enforce the law against this deception.
That’s not the case with the Daniels’ payment. For starters, the incident in question that led to the payment is alleged to have happened 10 years before the 2016 campaign. More importantly, the payment fails the test the FEC applies to determine whether an expense is campaign-related.
Under federal law and corresponding regulations, the FEC applies the “irrespective test” to “differentiate legitimate campaign and officeholder expenses from personal expenses.” As the FEC explains on its website, under the irrespective test, “personal use is any use of funds … to fulfill a commitment, obligation, or expense of any person that would exist, irrespective of the candidates’ campaign.”
In other words, if the expense would exist even if the individual were not a candidate, then it’s personal and not a campaign expense.
The payment to Daniels clearly fails that test. Trump was a celebrity long before he ran for office, and celebrities get these kinds of nuisance claims all the time. In fact, the prosecution’s first witness in the New York case, David Pecker, said he had helped settle similar claims to avoid legal costs and embarrassment by suppressing stories for numerous other celebrities, including Arnold Schwarzenegger and Tiger Woods.
The easiest way to understand this test is to take the example of a personal injury claim.
Candidate A has a car accident several years before he runs for Congress that injures another driver. After the campaign has started, the candidate decides to settle the personal injury claim made by the other driver by paying that driver $130,000 in exchange for a nondisclosure agreement.
Settling and paying the claim may help the candidate in his campaign by avoiding personal embarrassment. But that doesn’t make it a campaign expense. It’s a claim that would exist even if the candidate were not running for office and is thus considered a personal expense under federal law.
Daniels’ claim is also a personal claim that existed long before Trump ran for the presidency and, given his celebrity status, would have continued to exist even if he never ran for president.
That’s no doubt why neither the FEC nor the Justice Department ever filed an enforcement action against the Trump campaign or Trump personally over the payment; specifically, because it was not a campaign-related expense.
You know what would have led to enforcement actions? If Trump had actually claimed this was a campaign-related expense and had used campaign funds to make the payment, I have no doubt he would have been prosecuted by the feds for the illegal use of campaign funds to pay a personal expense.
That’s what former Rep. Jesse Jackson Jr., D-Ill., went to prison for after he pleaded guilty in 2013 to spending $750,000 on personal expenses.
Keep in mind that Bragg’s entire manufactured case of 34 counts of falsifying business records depends entirely on the legitimacy of his contention that the settlement payment should have been listed as a campaign-related expense.
It shouldn’t because it wasn’t.
And all of the other testimony from the prosecution’s witnesses about this payment and other settlement payments that are obviously intended to blacken the character of the former president and prejudice the jury doesn’t change the fact that none of these payments were campaign-related expenses. Period. End of story—or at least it should be.
The post Trump’s NY Prosecution Is a Bogus Case by a Bogus Prosecutor appeared first on The Daily Signal.
Georgia Republican Rep. Marjorie Taylor Greene announced on Wednesday that she will call for a vote to oust House Speaker Mike Johnson next week.
Greene initially filed a motion to vacate in late March over disagreements with Johnson’s latest appropriations plan. The Georgia Republican detailed her plan to advance her efforts to remove Johnson during a press conference following the House’s passage of Ukraine aid.
“I think every member of Congress needs to take that vote and let the chips fall where they may. And so next week, I am going to be calling this motion to vacate,” Greene said. “We are not going to have a House majority if we keep Mike Johnson.”
Politico reported Wednesday that Republican National Committee Chairman Michael Whatley had attempted to dissuade Greene from going through with the vote.
Congresswoman MTG Holds a Press Conference on Democrat Leader Hakeem Jeffries' Endorsement of Mike Johnson for Speaker https://t.co/Cw74H4X0Lf
— Rep. Marjorie Taylor Greene?? (@RepMTG) May 1, 2024
“He said, one, this is not helpful, and two, we want to expand and grow the majority in the House,” said a person familiar with Whatley’s message to Greene, per Politico. “He was clear that any disruption to the conference on these efforts, including filing this [motion to vacate], does not help the case for party unity.”
House Democratic leadership announced on Tuesday they’d help save Johnson if Greene moved forward with her motion to vacate after he helped advance the national security supplemental.
“At this moment, upon completion of our national security work, the time has come to turn the page on this chapter of Pro-Putin Republican obstruction,” the Democrats said. “We will vote to table Rep. Marjorie Taylor Greene’s Motion to Vacate the Chair. If she invokes the motion, it will not succeed.”
This is a breaking news story and may be updated.
Originally published by the Daily Caller News Foundation
The post Marjorie Taylor Greene Reveals Plan to Oust Speaker Mike Johnson appeared first on The Daily Signal.
Sen. Sherrod Brown (D-OH), who is up for reelection against Trump-backed Republican businessman Bernie Moreno, was silent on Capitol Hill Tuesday when asked if he thinks gas-powered cars "should be banned."
The post Ohio Democrat Sherrod Brown Refuses to Answer Whether ‘Gas Cars Should Be Banned’ or Not appeared first on Breitbart.
House Speaker Mike Johnson’s Director of House Operations Hannah Fraher had a Never Trump conniption, emails obtained by Breitbart News show.
The post Exclusive: Emails Reveal Speaker Johnson’s Top Adviser’s Never Trump Conniption Over GOP Group’s Trump Endorsement appeared first on Breitbart.
Whistleblowers from the National Guard will testify before the House Subcommittee on Oversight to the delayed security response during the January 6, 2021 Capitol riot on Wednesday, April 17.
The post Watch Live: National Guard Whistleblowers Testify About Security Failures on January 6 appeared first on Breitbart.
Rep. Austin Scott, a Republican from Georgia who has criticized conservatives and is campaigning actively against the House Freedom Caucus chairman, is Speaker Mike Johnson’s choice for a newly vacant seat on the powerful Rules Committee.
Scott’s selection Wednesday infuriated conservatives on Capitol Hill. The Daily Signal spoke with several lawmakers and staffers whose reactions ranged from shock to disappointment that Johnson, R-La., would pick someone who is openly trying to unseat one of the House’s most prominent conservatives.
“This the wrong person for the wrong role at the wrong time,” a Republican member of Congress told The Daily Signal.
By picking Scott for the Rules Committee, one of the oldest and most powerful in the House of Representatives, Johnson revealed whom he trusts to determine floor activity and advance the speaker’s agenda.
“It’s hard to see Johnson’s move here as anything except needing an attack dog against conservatives,” said a former Republican staffer, who requested anonymity to speak candidly. “You get the impression he’s going to use Austin Scott to help as a blockade on the Rules Committee and throughout the [Republican] conference. That’s the signal it sends.”
Johnson’s staff acknowledged The Daily Signal’s request for comment, but did not provide a response.
Scott, a close ally of former Speaker Kevin McCarthy, R-Calif., sought the speaker’s job in October in an ill-fated run against Rep. Jim Jordan, chairman of the House Judiciary Committee.
At the time of McCarthy’s ouster as speaker, Scott issued a statement calling the eight members who voted to remove McCarthy “nothing more than grifters who have handed control of the House to the Democratic Party in the name of their own glory and fundraising.”
Scott continued, “There is nothing principled about what they did, and Republican leadership will have to decide to either hold these members accountable or lose the faith of the rest of the conference.”
Months later, he took aim at one of the eight in particular: Rep. Bob Good, R-Va., chairman of the House Freedom Caucus. Scott donated to Good’s primary challenger, John McGuire, in Virginia’s 5th Congressional District. Last month, Scott was a featured guest at a McGuire fundraiser.
Despite Scott’s actions, Johnson handpicked him for a coveted seat on the powerful Rules Committee.
“Speaker Johnson keeps saying, ‘We’re on the same team, knock it off, please stop this.’ But he’s not actually doing anything to stop it,” a Republican staffer told The Daily Signal. “Now, Austin Scott, one of the guys who started this civil war on the primary campaign trail, is put on the Rules Committee. The speaker isn’t ending the war, he’s escalating it by rewarding people going after conservatives.”
And while Scott’s public actions have revealed his contempt for conservatives, lawmakers and staff said he is even more hostile to them in private settings.
“He’s got a short fuse and a hot temper,” another Republican member said of Scott. “Quite honestly, he doesn’t have the temperament to be a legislator.”
Scott’s communications director declined to make him available for an interview with The Daily Signal and instead pointed to his brief statement on X.
It is our sworn duty as members of Congress to govern, and I look forward to serving on the Rules Committee to help advance legislation that benefits the American people.
— Rep. Austin Scott (@AustinScottGA08) April 11, 2024
Known as the “speaker’s committee,” the Rules Committee includes nine Republicans and four Democrats. One of those seats became vacant this week when Rep. Tom Cole, R-Okla., won the gavel for the House Appropriations Committee.
Two members of the House Freedom Caucus—Reps. Ralph Norman, R-S.C., and Chip Roy, R-Texas—currently serve on the Rules Committee with another conservative-leaning member, Rep. Thomas Massie, R-Ky. Their three votes, combined with four Democrats, are enough to sink the speaker’s plans.
After years of being shut out of the Rules Committee—and any semblance of negotiation over its membership—conservatives scored seats on the panel as part of a deal with McCarthy, resulting in his election to speaker in January 2023.
Unlike when McCarthy negotiated with members, Johnson instead moved swiftly without consulting conservatives about Scott’s selection.
“It is the speaker’s committee, and he can do whatever he wants with it. But in a one-seat majority, there should be a conversation,” a GOP staffer told The Daily Signal. “You talk to people about who’s interested, who might be a good fit, who might be a productive addition on the Rules Committee.”
A former Republican staffer described it as a curious move on Johnson’s part.
“You already have conservatives angry at you for a variety of reasons,” the former staffer said. “You have a one-seat majority. You have a pending motion to vacate [the speaker]. It’s not exactly the time to poke the bear.”
Rep. Marjorie Taylor Greene, R-Ga., filed a motion to vacate March 22, but has not yet forced a vote. If it’s successful, Johnson would lose the speaker’s job, just as McCarthy did before him.
“Speaker Johnson lives in peril every day for his job depending on what he does,” a Republican member said. “It’s a dicey situation. It appears to me that there are other candidates who are interested in being speaker in the new term.”
Since joining Congress in 2011, Scott has focused his attention on serving the rural Georgia district he represents. He is a member of the House Intelligence Committee, the Armed Services Committee, and the Agriculture Committee. He has a lifetime score of 77% on Heritage Action’s Scorecard.
Scott also has developed a reputation among conservatives on Capitol Hill, according to lawmakers and staff who spoke to The Daily Signal.
“Austin Scott is a hothead, a notorious hothead,” a Republican staffer said. “He frequently loses his temper inside conference meetings with other members. He’s threatened, berated, cursed out members.”
Scott’s decision to endorse Good’s primary opponent, therefore, didn’t necessarily come as a surprise. However, it did anger conservatives, particularly because Johnson has privately counseled GOP members not to engage in primaries between fellow Republicans. The speaker recently made another appeal at GOP lawmakers’ retreat last month in West Virginia.
“Austin Scott endorsed Bob Good’s primary challenger, attended a fundraiser with him,” a Republican staffer said. “Mike Johnson, repeatedly for several weeks, has lectured the conference about what he calls the hot war on the campaign trail with primaries against incumbent Republicans. The moderates started this by going after Bob Good.”
Good, who boasts a 99% lifetime score on Heritage Action’s Scorecard, joined the House in 2021 after knocking off an incumbent Republican. He took over as chairman of the House Freedom Caucus in January.
Scott is one of at least six House Republicans who are backing Good’s opponent. Others include House Armed Services Chair Mike Rogers, R-Ala., and Reps. Jen Kiggans, R-Va.; Ryan Zinke, R-Mont.; Derrick Van Orden, R-Wis.; and Morgan Luttrell, R-Texas.
“Conservatives were appealing to the speaker to end the civil war before it got out of hand,” a Republican member told The Daily Signal. “And when he refused to, we let everyone know that we’re not going to take all the casualties.”
That’s led some conservative members to make their own endorsements against moderate Republicans.
Good, for example, is backing GOP challenger Derrick Evans in West Virginia’s 1st District against incumbent Rep. Carol Miller, R-W.Va., a leader of the moderate Republican Main Street Caucus. Its affiliated PAC, the Republican Main Street Partnership, is actively spending money against Good.
Notably, Johnson has withheld his own endorsement from Good, whose primary election is June 18. A spokesman for the speaker’s political operation did not respond to The Daily Signal’s request for comment.
The post Speaker Johnson’s Choice for Key House Committee Sparks Backlash appeared first on The Daily Signal.
A group of January 6 defendants has reportedly filed a class action lawsuit against 21 Capitol Police officers for millions of dollars.
The post Report: January 6 Defendants Sue Capitol Police Officers for ‘Millions’ appeared first on Breitbart.
Independent presidential candidate Robert F. Kennedy Jr. issued a statement on the January 6 prosecutions Friday, saying that while violent rioters deserved to be punished, many prosecutions of non-violent protesters were excessive.
The post Robert F. Kennedy Jr. Undercuts Democrats on January 6: ‘Little Evidence of a True Insurrection’ appeared first on Breitbart.
The FBI arrested a Virginia couple Thursday morning for entering the Capitol building three years ago on January 6, 2021, according to the couple.
The post FBI Arrests Couple Three Years Later for Being Inside the Capitol on January 6 for Twelve Minutes appeared first on Breitbart.
Vaunce News 