George Conway explains how Trump could face federal charges over Daniels payoff

MSNBC

Former President Donald Trump is in grave legal jeopardy as the Manhattan District Attorney appears close to pursuing an indictment over his illicit hush payments to adult film star Stormy Daniels.

But according to conservative attorney George Conway on CNN's "OutFront," he really should face federal charges too, with the payment being treated like an illegal campaign finance donation to himself since the transaction killed the release of a story that could have damaged his 2016 campaign.

"I do note CNN has previously reported that [your] wife Kellyanne Conway also appeared before that grand jury," said anchor Erin Burnett. "That's just for disclosure, George, I know you can't talk about that. But when it comes to this particular case, I know you believe it is not a matter of if, it is a matter of when Trump is indicted. But this case has been out there for years."

"Absolutely," said Conway. "I think it's a solid case, legally and technically. It's just sort of an odd case to bring now after all these years. I think the case should've been immediately after when his immunity as president expired. It should've been brought as a federal campaign finance law case. But it was essentially, it was — he made a contribution to his own campaign through a strawman, Michael Cohen, and didn't disclose it. And that's a violation of federal law."

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Trump is also facing a number of other investigations, including Fulton County, Georgia prosecutor Fani Willis' election interference probe, and the January 6 and classified documents investigations by DOJ special counsel Jack Smith. When it comes to how many charges Trump could be on the hook for, Conway said, "I put the over/under on three."

"Okay," said Burnett. "Do you think that it will stop him or deter him? Is there any reason why this would impact him actually running?"

"Legally, no," said Conway. "He could be incarcerated and he could still run for president. If he were elected I think the better legal argument would be that they'd have to spring him. I do think he is going to run and make a big issue out of his legal troubles to say that he is persecuted. They are going to say they are persecuting me because they want to persecute you. And if violence erupts, he is going to say it was your fault, prosecutors."

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