You see, if you put the word "intent" in there, that gives New York the authority to evaluate what actions are a violation of federal law.
No, it doesn’t, and I’ve explained 3 or 4 times now what my actual argument is.
Intent is an entirely different element from the technical violation itself, and the intent behind an action taken is entirely relevant to assessing the egregiousness of that action.
This isn’t even about the law anymore, this is a matter of understanding basic common sense, yet no matter how many examples I give you just keep retreating to the same tired talking point without addressing anything I’ve said.
At some point, after so many attempts to get you to engage, your intent to continue ignoring this element of the conversation becomes apparent, some might say beyond a reasonable doubt.
What Cohen pled guilty to was (according to your link) "making an excessive contribution in violation of the Act by making the Clifford payment from his personal funds." Since there's no limit to how much a candidate can contribute to their own campaign, the exact same contribution by Trump would be legal.
Correct, it would have been legal… it would also have been legal for the guy who robbed the jewelry store to walk out with the goods if he used cash instead of the barrel of his gun.
If Cohen’s contribution was in fact illegal and he did it “in coordination with and at the direction of” Trump then what does that make Trump?
Yes, it would have been legal if Trump made the payment from his own account, that would have also required him to report it, which is exactly why he went out of his way to hide the payment. That’s the whole point here. The falsification of his business records was one thing, but when that falsification is part of a coordinated plot to subvert having to disclose his attempts to use large sums of money to influence the election it becomes something much more.
This is again, a matter of common sense. You do not need to be a lawyer to understand this.
The important point is that the authorities who actually have jurisdiction over this didn't pursue it. You not liking what you think is their reasoning has no bearing on what happened. There was an inquiry, the relevant authorities looked into it, and the inquiry was closed.
The FEC isn’t the DOJ, they do not have the ability to properly investigate criminal activity or press charges. The DOJ has that ability, that’s why they investigated and found Cohen’s actions to be illegal. It’s more than just where the FEC thinks expenditures should be categorized, it’s about the subject’s demonstrated intent because that’s what the law focuses on. The FEC can’t determine that, they don’t have the resources. That’s why they rightly step to the side once the DOJ is involved.
In other words, you are just wrong when you claim the authority here decided this wasn’t illegal. The authority who ultimately decides that is the DOJ, not the FEC. The FEC even said so themselves in their own ruling.