https://www.snopes.com/news/2018/08/22/election-law-violations-compared-obama-2008-vs-trump-2016/
While the fines leveled against the Obama campaign were among the largest in the FEC’s history, so too was the amount of money raised by that campaign. Speaking to Politico in 2013, Republican election lawyer Jason Torchinsky said that “$375,000 is a huge fine” but added that the Obama campaign was also the first billion-dollar presidential campaign in history, making the fine “proportionally … not out of line.” In the same story, former FEC commissioner Michael Toner said “that the infractions were relatively minor, given the scope of the campaign.”
Speaking to us by phone, Ann Ravel, a former FEC commissioner who served from 2013 to 2017, told us that “the FEC does not have criminal capabilities. All of the criminal cases have to be prosecuted by the Department of Justice.” For a criminal violation of election law to be enforced by the Department of Justice (which was the case in the Cohen matter), she told us, the violation must be considered both intentional and serious:
Not only does the matter have to be something that is purposeful, but it [also has to be] a major violation. People often have reporting violations [and] that’s what the Obama ones were determined to be.
In [Cohen’s] case, what [the Department of Justice] determined is that there was a criminal intent to hide a campaign contribution … and so, it falls within a criminal violation, as opposed to just a civil one to be enforced by the FEC.
From a legal standpoint, the Department of Justice has already proved that Cohen intentionally acted to facilitate and hide an illegal contribution for the purpose of affecting the election, because that is what he formally admitted to. In a document produced by the Southern District of New York whose accuracy was affirmed by Cohen under oath, Cohen agreed that he:
Knowingly and willfully caused a corporation to make a contribution and expenditure … to ensure that Woman-1 did not publicize damaging allegations before the 2016 presidential election and thereby influence that election.
[and]
Knowingly and willfully made and caused to be made a contribution … in excess of the limits of the Election Act … to Woman-2 to ensure that she did not publicize damaging allegations before the 2016 presidential election and thereby influence that election.
The infractions committed by the 2008 Obama campaign were not alleged to be intentional, and the FEC did not consider the campaign’s documentation lapses as rising to the level of a “serious” offense prosecutable by the Department of Justice.
“There are always reporting violations in campaigns. Many of them minor, many of them substantive,” Ravel told us. “But in this case … what was admitted to by Cohen was that there was a clear intent to use campaign money for the purpose of keeping the individuals quiet right before the election for campaign purposes.”
Trump’s assertion that Cohen broke no law is in conflict with his own Justice Department, who secured multiple guilty pleas related to the commission of violations of federal election laws. Specifically, Cohen admitted to intentionally violating portions of the following federal election laws on behalf of Donald Trump:
- 52 U.S. Code § 30116 – Limitations on contributions and expenditures
- 52 U.S. Code § 30118 – Contributions or expenditures by national banks, corporations, or labor organizations
Obama’s civil FEC infractions, while they resulted in a large fine, are legally distinct from what Cohen pled guilty to, which is the intentional commission of felonies intended to affect the outcome of a federal election.
You know, facts and all.
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