Stormy Daniels: Lawbreaker Or Law-Abiding Citizen?

In 2016, adult film actress Stormy Daniels was paid $130,000 by then-presidential candidate Donald Trump's lawyer, Michael Cohen, to keep quiet about an alleged affair. Cohen was reimbursed by Trump, with the payments falsely labelled as legal fees. While hush money payments are not illegal in themselves, they can be if they're used to cover up a crime or if the agreement isn't consensual. Cohen pleaded guilty to federal campaign finance violations in 2018, and Trump was later charged with 34 counts of falsifying business records.

Did Stormy Daniels break campaign finance laws?

In 2016, adult film actress Stormy Daniels was paid $130,000 by Donald Trump's personal lawyer, Michael Cohen, to keep quiet about an alleged affair with Trump. This payment was made 11 days before the 2016 election, in which Trump was the Republican nominee.

The payment to Daniels is not what is legally contentious. "Hush money" payments are legal if both parties enter into the agreement consensually. However, hush money payments can be illegal if they are made to cover up a crime or if the agreement is non-consensual, such as in cases of blackmail or bribery.

The controversy surrounding the payment to Daniels centres on whether campaign finance laws were broken. Cohen pleaded guilty to federal campaign finance violations in 2018, after the Department of Justice alleged that the payment to Daniels was effectively a donation to Trump's campaign that exceeded the legal limit on political contributions. Cohen said he did not act alone and that he made the payment "in coordination with, and at the direction of" Trump.

In 2023, a grand jury indicted Trump on 34 felony counts of falsifying business records. Prosecutors alleged that Trump engaged in a ""scheme" to boost his chances during the 2016 election through a series of hush money payments and the falsification of New York business records to cover up that alleged criminal conduct. In 2025, Trump was found guilty on all 34 counts.

While Trump was not charged in connection with the payment to Daniels, he was charged with falsifying business records, as the reimbursement payments to Cohen were allegedly disguised as legal payments.

Did the hush money payment constitute a bribe?

The hush money payment made to Stormy Daniels did not constitute a bribe. However, it is considered a campaign finance crime.

The $130,000 payment made to adult film actress Stormy Daniels, whose real name is Stephanie Clifford, was not a bribe as it was not done to gain any sort of advantage or influence. Daniels received the money in exchange for her silence about an alleged affair with former U.S. President Donald Trump. The payment was made by Trump's ex-attorney Michael Cohen and reimbursed by Trump through the Trump Organization and his personal bank account.

The payment itself is not illegal, as "hush money" agreements are legal if both parties enter into them consensually. However, hush money payments can be illegal if they are done to cover up a crime or if the agreement is not consensual, such as in cases of blackmail or bribery.

In the case of the payment to Daniels, Trump was not charged with making the payment itself but with 34 counts of falsifying business records. The reimbursement payments to Cohen were allegedly disguised as legal payments, which is a felony under New York law when done to facilitate another crime.

Cohen pleaded guilty to federal campaign finance violations in 2018, as the payment to Daniels was considered an excessive contribution by a private citizen that was not reported by the campaign. The payment was made right before the 2016 election, suggesting that it was intended to influence the election.

Was the payment related to the election?

The payment to Stormy Daniels was related to the election, according to prosecutors. They argued that the hush money was part of a "scheme" to boost Trump's chances during the 2016 presidential election. The payment was made in October 2016, just 11 days before the election, which suggests that the election was a motivating factor.

The fact that the payment was made so close to the election is significant. Larry Noble, general counsel for the watchdog group the Campaign Legal Center, noted that Daniels' allegations of an affair dated back to 2006, and there had been a potential article about it in 2011. However, the agreement to pay her off was not made until right before the 2016 election. This timing indicates that the purpose of the payment was to influence the election.

Michael Cohen, Trump's former personal attorney, also pleaded guilty to federal charges of violating campaign finance law in 2018 and went to prison. He stated during a plea hearing that the payments were made "in coordination with, and at the direction of, a candidate for federal office."

However, it is important to note that the $130,000 payment itself, made by Cohen, is not illegal. "Hush money" agreements entered into consensually are legal. Hush money payments can be illegal if they are done to cover up a crime or if the agreement is not consensual, such as in cases of blackmail or bribery.

Did the payment constitute tax evasion?

The $130,000 payment made by Michael Cohen, Trump's ex-attorney, to Stormy Daniels in October 2016, just before the 2016 United States presidential election, has raised questions about possible tax-based charges or fees. Cohen initially stated that he made the payment using a home equity loan, but it was later revealed that Trump reimbursed him for the payment.

The reimbursement of $420,000 to Cohen included the payment to Daniels, an additional expense, a $60,000 bonus, and money to cover taxes on the payment. The reimbursement was made through the Trump Organization and Trump's personal bank account, and the payments were allegedly falsely labeled as legal services through a retainer agreement.

Cohen pleaded guilty to eight charges in August 2018, including tax fraud, and implicated Trump in his plea. Trump, however, has denied any wrongdoing and claimed that the payments did not come from campaign funds. He has also pleaded not guilty to the charges against him.

The payment to Daniels and the subsequent reimbursement to Cohen have been the subject of investigations and legal proceedings, with Cohen being sentenced to three years in prison and Trump being charged with 34 counts of falsifying business records. The trial against Trump is ongoing, and it will determine if the payment and reimbursement constitute tax evasion or other illegal activities.

Did Stormy Daniels break the law by speaking out?

In 2018, adult film actress Stormy Daniels, whose real name is Stephanie Clifford, gave an interview on "60 Minutes" in which she alleged that she had an affair with former U.S. President Donald Trump in 2006 and 2007. Trump denied the allegation. Daniels gave the interview despite a nondisclosure agreement she signed in 2016, 11 days before the election, in which she agreed not to discuss her story with reporters in exchange for $130,000. This money was paid by Trump's personal lawyer at the time, Michael Cohen, from his home equity loan.

The payment to Daniels raised the possibility of election laws being broken. Cohen pleaded guilty to federal campaign finance violations in 2018, after the Department of Justice alleged that the payment to Daniels was effectively a donation to Trump's campaign that exceeded the legal limit on political contributions. Cohen said he made the payment "in coordination with, and at the direction of" Trump.

In 2023, Trump was indicted by a Manhattan grand jury on 34 counts of falsifying business records, making him the first former U.S. president to be indicted. The indictment related to a scheme to boost his chances during the 2016 presidential election through a series of hush money payments made by others and the falsification of New York business records to cover up that alleged criminal conduct. In 2024, Trump was found guilty on all 34 counts.

Daniels herself was not prosecuted for breaking the law by speaking out. However, her lawyer, Michael Avenatti, was convicted of wire fraud and identity theft in 2022 for stealing from her and other clients.

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