Trump Administration/Executive Ethics

Today, in a ruling that likely comes too late to hold a trial prior to the election, the U.S. Supreme Court in Trump v. United States found that presidents are immune from prosecution for actions within their conclusive and preclusive constitutional authority, and are presumptively immune from prosecution for official acts and returned the case to the district court. Common Cause’s brief in the case had urged the High Court to rule expeditiously, citing previous cases – including United States v. Nixon and Bush v. Gore – where the Justices acted quickly when the presidency was at stake and the public interest demanded speed.

NEW YORK, NY -- This evening, a jury in Manhattan found former President Trump guilty on 34 counts. In response, Susan Lerner, Executive Director of Common Cause/NY issued the following statement: "This case was always about hiding key information from voters, and now a jury of the former president's peers have confirmed that he lied to the public by falsifying business records in order to influence the outcome of the 2016 election. This is a felony punishable with jail time or probation, and just like anyone else convicted of the same crime, we expect him to be sentenced accordingly. We thank the jury – whom Mr. Trump and his lawyers helped to select – for doing their civic duty, and trust that the public will accept their decision as well as their right to privacy. Respect for the rule of law is the foundation of our democracy, but so is public trust in the process. That's why Common Cause/NY fought to make the trial transcripts free and accessible, and we invite anyone to review them on the court website. We now hope that the courts will reach a decision in the other trials awaiting Mr. Trump before the 2024 election since voters should have all the information before they cast their ballots."

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.