Mueller is focusing on Trump's personal lawyer over Russian dealings but Michael Cohen may also face pressure from Federal Election Commission and Department of Justice on Stormy Daniels hush money

  • President Trump's personal lawyer is bring probed for the president's Russia dealings as part of Special Counsel Robert Mueller's probe
  • But the Federal Election Commission and the Department of Justice could look into the payment Michael Cohen made to porn star Stormy Daniels
  • The group Common Cause filed complaints with the FEC and the DOJ in January, with the group saying the new lawsuit by Daniels backs up the case

President Trump's longtime lawyer Michael Cohen is ensnared in Special Counsel Robert Mueller's probe, as ex-campaign aide Sam Nunberg's subpoena names Cohen as one of the individuals investigators want correspondence from. 

But Cohen's role in the Stormy Daniels affair – he's the one who paid Daniels the lump sum for her silence – has put the lawyer in the cross-hairs of the Federal Election Commission and the Department of Justice as well.

The group Common Cause had already filed a complaint with the FEC and the DOJ in January alleging that the hush money payment violated federal campaign finance law.

Michael Cohen, President Trump's personal lawyer, could face fallout for his payout to porn star Stormy Daniels from the Federal Election Commission and the Department of Justice

Michael Cohen, President Trump's personal lawyer, could face fallout for his payout to porn star Stormy Daniels from the Federal Election Commission and the Department of Justice

The group Common Cause has asked the Federal Election Commission to look into the $130,000 payment made by President Trump's personal lawyer Michael Cohen to porn star Stormy Daniels 

The group Common Cause has asked the Federal Election Commission to look into the $130,000 payment made by President Trump's personal lawyer Michael Cohen to porn star Stormy Daniels 

On Wednesday, the organization said that the new lawsuit filed against Trump by Daniels, whose real name is Stephanie Clifford, only helps Common Cause's case. 

Daniels alleges in her legal complaint that the purpose of the $130,000 payment was 'to avoid her telling the truth, thus helping to ensure [Donald Trump] won the Presidential Election.'

Campaign finance law, the group pointed out in a release to reporters, defines 'expenditures' as any funds spent for the 'purpose of influencing' federal elections.  

Daniels' lawsuit also claims that Trump was directly involved in negotiating the hush money payout.  

'Mr. Trump, with the assistance of his attorney Mr. Cohen, aggressively sought to silence Ms. Clifford,' with Cohen preparing a draft of the non-disclosure agreement and presenting it to the porn star's lawyer. 

Trump's involvement is important, Common Cause pointed out, because under campaign finance law any 'expenditures' by a candidate or an agent of a candidate or in coordination with a candidate must be reported by the candidate's committee to the FEC.    

The Trump campaign never reported any such payment. 

Daniels' new lawsuit alleges that Trump never actually signed the non-disclosure agreement, hoping the argument allows the contract to be invalidated.  

Common Cause speculated that Trump didn't sign it so he and Cohen could later avoid prosecution for 'knowing and willful violation of federal campaign finance law.'

Pointing a finger at Cohen the group also noted that the attorney, as part of the New York Rules of Professional Conduct, had a legal responsibility to inform Trump on 'all material information regarding the Stormy hush money agreement.' 

The White House tried on Monday to suggest that Trump may not have been in the know with Press Secretary Sarah Huckabee Sanders answering, 'not that I'm aware of,' when asked if candidate Trump knew such a payment was being made. 

This was the first time that the payment was brought up during a White House press briefing. 

On Thursday, when asked about the issue again Huckabee Sanders tried to punt questions about whether the president had knowledge of the payment to outside counsel.

'I've addressed this as far as I can go. Not that I'm aware of,' she said. 'I don't know, I'm not sure,' she answered when asked if Trump had talked to Cohen about the payment.  

Common Cause countered and suggested that Trump likely knew about the payment because Cohen wasn't likely to shirk his responsibility to a client. 

'There is a strong – and growing – reason to believe that Mr. Trump and his campaign violated federal campaign finance laws by hiding this election-influencing hush money payment,' Common Cause argued. 'Further, depending on the source of the $130,000 paid to Clifford, Mr. Trump and his campaign may have received an illegal campaign contribution.' 

Cohen has publicly said that he paid the sum out of his own pocket, though the Wall Street Journal reported Tuesday that the Trump lawyer complained about not getting paid back. 

Cohen called the allegations 'fake news.' 

As for what happens next, at the Federal Election Commission, Common Cause's complaint will be reviewed by attorneys at the non-partisan Office of General Counsel, and a report will be submitted to the FEC's commissioners stating whether a violation occurred and recommending whether or not there should be an investigation.  

The commissioners are the ones who make that call. 

However, following the resignation in February of Republican Lee Goodman, an Obama appointee, the FEC is running on just four commissioners.  

All four must vote in favor of taking action, with the current make-up of the body being two Republicans, one Democrat and an independent. 

Federal law prevents there from being more than three commissioners of the same political party. 

President Trump nominated Republican James E. Trainor III for the outstanding GOP slot in September.

Over at the Department of Justice, the case would likely head to the Criminal Division’s Public Integrity Section. 

 'We don't confirm or deny investigations,' DOJ spokeswoman Sarah Isgur Flores told DailyMail.com when asked for a status report on the Common Cause complaint.

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