Rudy Giuliani’s supposedly unhinged and indisciplined rant on the Sean Hannity show opened up a legal path for Donald Trump to extricate himself from La Affaire Stormy Daniels with minimal legal jeopardy. By admitting that he recompensed Michael Cohen, and thus admitting knowledge of the contract, Trump makes the non-disclosure agreement with Stormy Daniels valid, and thus ensures she is still bound by its non-disclosure terms–even as he simultaneously denies ever having had an affair with her. Moreover, even if his recompensing Cohen can be viewed as a violation of campaign finance laws, Trump may get off with merely a misdemeanor violation and not suffer a felony conviction.
Two ugly facts conspire to make such an escape for Trump possible: it has been assumed thus far that Trump would not ‘fess up to knowledge of the contract with Stormy Daniels because to do so would be to submit to the embarrassment of having to admit that he had an affair, or at least a sexual encounter with her, which he then sought to cover up with a pay-off and a non-disclosure agreement, but in point of fact, Trump and his team have realized that there is no embarrassment in simply denying any such ‘contact’ took place. They can call Stormy Daniels a liar and rely on their usual obfuscations to do the rest of the work; for the Republican base, the misogynistic assessment of her as ‘only a porn star’ is enough. The claim that a non-disclosure agreement was the best way to get a ‘hustler’ or a ‘shyster’ to ‘shut up’ will find favor with the Republican ‘base’ quite easily. So the ‘escape’ picture emerges: the non-disclosure agreement was made ‘legally’ to silence a nuisance; the president did speak falsely on occasion, but never under oath in a court of law; his conversations with reporters are like his other lie-ridden interactions with the media, that is, nothing distinctive. Moreover, we can rely on the legal system to deliver the lightest slap on the wrist possible to Trump when it comes to violations of campaign finance law; the rigorous conditions of ‘knowingly and willingly’ required for a felony violation will be hard to meet. The payments Trump made to Cohen can be ‘contextualized’ in some fashion to make them ever so more ‘appropriate’ and not transgressive of legality; they can be made to look less like flagrant violations of campaign finance law if dressed up with the right kinds of language.
No matter what the political costs, Trump’s legal team has at least devised a scheme for reducing their client’s legal jeopardy; it ‘works’ in conjunction with a particular social setting in which he can also rely on his sentencing on any possible violations of campaign finance laws to be rather gentle. Embarrassment as a social force only works when the subject responds to it accordingly or sees it working as intended; in the current media setting and in the current psycho-political mood no embarrassment is enough. All will be tolerated in the name of inducing liberal rage. Fuck your feelings indeed.