Despite the guilty plea he entered Aug. 21 to charges of campaign finance law violations, it appears that President Trump’s former lawyer, Michael Cohen, did not actually violate the Federal Election Campaign Act. This is extraordinarily important, because if Cohen didn’t violate campaign finance law when he acted on Trump’s behalf, that means that Trump didn’t violate campaign finance law either – despite claims by the president’s opponents and many in the media that the president was an “unindicted co-conspirator” and broke the law along with Cohen. “Equal justice under law” is a phrase engraved on the front of the U.S. Supreme Court building, but the Justice Department sometimes fails spectacularly to live up to this ideal. This is illustrated by the way it aggressively targeted Cohen for alleged campaign finance law violations – but gave everyone in Hillary Clinton’s presidential campaign a “get out of jail free card” for such violations. It is hard to continue to have faith in the objectivity of the Justice Department in the face of what seems like politically driven prosecution decisions to throw the book at Cohen – and implicate President Trump in allegedly illegal conduct – while ignoring clear lawbreaking by the Clinton campaign. No one is questioning the legitimacy of the guilty pleas Cohen entered Aug. 21 in federal court to six tax evasion and bank fraud charges. But those charges have nothing to do with President Trump. They involve Cohen’s failure to report over $4 million in income from work with taxi companies, along with several hundred thousand dollars in other income, to the Internal Revenue Service. But you have to wonder about the legal advice Cohen received when he pleaded guilty on the same day to two violations of the Federal Election Campaign Act – the law that governs the financing of federal elections campaigns. Many election law experts, including former commissioners on the Federal Election Commission (FEC), say his conduct, however sleazy, didn’t violate the law. I’m one of those former commissioners and I’m also a former Justice Department attorney. Based on my experience serving in government and now as a senior legal fellow at the Heritage Foundation, it appears to me that Cohen was innocent of the campaign finance law violations. The law Cohen pleaded guilty to violating bans campaign contributions by banks, corporations and labor unions. It also limits the amount that an individual can contribute to a candidate. During the 2016 election cycle, that limit was $2,700.
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