MURs 7313, 7319, and 7379 (Michael D. Cohen, et al.)
Statement of Chair Shana M. Broussard and Commissioner Ellen L. Weintraub
Page 2 of 4
Cohen appears to have learned about Clifford’s interest in selling her account of the alleged
affair on October 8, 2016, the day after the publication of the infamous “Access Hollywood” tape.
5
Cohen testified before Congress that he and “more importantly, Mr. Trump[,]” were concerned
about the impact Clifford’s allegations might have on the campaign if they were publicized soon
after the tape.
6
Shortly after the release of the tape, Cohen entered into negotiations with Clifford’s
attorney, Keith Davidson, to prevent the publication of Clifford’s account.
7
Those negotiations
culminated in Cohen forming an LLC and transferring $130,000 from a home equity line of credit
through the LLC to Davidson on October 27, 2016.
8
After the election, he was reportedly
reimbursed in installments from either Trump’s personal account or the Donald J. Trump Revocable
Trust.
9
Cohen testified before Congress that the goal of the payment structure was to keep Trump as
“far away from it as possible.”
10
According to Cohen, he regularly apprised Trump about the negotiations with Davidson, and
Trump agreed that Clifford should be paid the $130,000 in exchange for entering into the
nondisclosure agreement that would prevent her from discussing the alleged affair.
11
Cohen testified
that Trump directed him to make the payment
12
and that Trump asked Cohen and Allen
Weisselberg, the Trump Organization, LLC’s (“Trump Organization”) Chief Financial Officer, to
“figure out how” to do so.
13
According to Cohen’s testimony before Congress, the proposal to make
the payment himself and later be reimbursed, designed to hide the source of the funds, was
approved by Trump.
14
Given these facts, the Commission’s Office of the General Counsel (“OGC”) recommended
finding reason to believe that Cohen and the Trump Organization made, and Trump and Donald J.
Trump for President, Inc. (the “Committee”) accepted and failed to report, illegal contributions.
15
The Act prohibits making, or knowingly accepting, a campaign contribution in excess of the
contribution limits set forth under the Act.
16
In 2016, the inflation-adjusted contribution limit for an
5
See First Gen. Counsel’s Report in MURs 7313, 7319, and 7379 (Michael D. Cohen, et al.) (“FGCR”) at 11 and
internal citations.
6
See id. at 12 (citing, inter alia, Hearing with Michael Cohen, Former Attorney to President Donald Trump Before the
H. Comm. on Oversight and Reform, 116th Cong. 116-03, 34 (Feb. 27, 2019),
https://docs.house.gov/meetings/GO/GO00/20190227/108969/HHRG-116-GO00-20190227-SD003.pdf (“House
Oversight Testimony”)).
7
See FGCR at 11 and internal citations.
8
See FGCR at 17 (citing House Oversight Testimony at 135, 13).
9
See FGCR at 19 (citing House Oversight Testimony at 14, 22, 120-21, 151).
10
See FGCR at 17 (citing House Oversight Testimony at 135).
11
See FGCR at 13 (citing, inter alia, House Oversight Testimony at 22).
12
See FGCR at 13 (citing Cohen Plea Hearing at 23; House Oversight Testimony at 13 (“Mr. Trump directed me to use
my own personal funds from a home equity line of credit to avoid any money being traced back to him that could
negatively impact his campaign.”)).
13
See FGCR at 14 (citing House Oversight Testimony at 22).
14
See FGCR at 14 (citing House Oversight Testimony at 135-36) (“Ms. KELLY. Did Mr. Trump know you were going
through this process to hide the payment? Mr. COHEN. Yes. . . . Ms. KELLY. And did Mr. Trump know about this
reimbursement method? Mr. COHEN. Oh, he knew about everything, yes. Ms. KELLY. Well, thank you, Mr. Cohen.
So the President not only knew about the payments, he knew and helped to hide the payments and the reimbursements
to you. Mr. COHEN. We discussed it. Everything had to go through Mr. Trump, and it had to be approved by Mr.
Trump.”).
15
See FGCR at 27-28.
16
52 U.S.C. § 30116(a)(1)(A), (f). The Act also prohibits corporate contributions. 52 U.S.C. § 30118(a). It is unclear if
the Trump Organization is taxed as a corporation or an LLC. See FGCR at 53-54.