The bar should be fairly air tight. Cohen has already served time for this crime. Moreover, he was charged with acting in conspiracy with “Individual 1”. While Trump will face a separate trial, with all that entails, in practice there was already a successful trial for at least some of Trump’s crime.
In your example, both payments would be legitimate business expenses.
bayesian_horse|2 years ago
Cohen really got a raw deal from the prosecutor and basically got threatened with more charges, and his wife getting charged, unless he pleads guilty within a day or so. That's why the quality of the individual charges in that plea deal can't be taken for granted.
leereeves|2 years ago
No, he hasn't. He pled guilty to seven unrelated financial charges and to one charge related to the payment to Stormy Daniels: making an excessive campaign contribution.
That last charge doesn't apply to Trump, who is allowed to contribute as much as he wants to his own campaign.
And Cohen's plea tells us nothing about whether recording the payment as "legal expenses" is a crime.