Cohen told the court in August that during the 2016 presidential campaign Trump directed him to make hush money payments to at least two women who say they've had affairs with him after he married his third wife, Melania. Schiff believes this because of allegations made against Trump's former attorney Michael Cohen, who allegedly paid off two of the president's alleged former mistresses.
"With respect to both payments, Cohen acted with the intent to influence the 2016 presidential election", Friday's filing from prosecutors in NY says.
The first payment in question ― $130,000 to porn star Stormy Daniels ― violated campaign finance law restrictions against donations of more than $2,700 in a general election, according to federal prosecutors. Trump's personal attorney, Rudy Giuliani, has also said that a president can not be indicted.
Cohen has pleaded guilty to several charges, including campaign finance violations, and is awaiting sentencing.
Although Mr Trump hasn't been charged with anything, the question of whether a president even can be prosecuted while in office is a matter of legal dispute. Those payments come in the run-up to the 2016 election. "That argument I think was equally made with respect to Individual-1, the president of the United States".
Thus, in the sentencing memorandum for Cohen, federal prosecutors have provided a roadmap for Trump's indictment.
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Still, he said the separate memo by the special counsel on Cohen includes other damaging information on Mr. Trump that contradicts the president's repeated statements on the campaign trail that he had no business ventures in Russian Federation.
But he said something that would be perfectly legal to do as a businessman could take on a different standard as a candidate, and that campaign finance laws are "very open-ended". "It's important for Congress to get all of the underlying facts and data and evidence that the special counsel has".
So the SDNY's prosecutors have laid out their case that Trump conspired to hide from the voters payments to alleged mistresses in violation of campaign finance laws-even if they can not act on it for now. In contrast, he has said Cohen, who has cooperated with federal prosecutors, should go to jail.
Blackman said the statute of limitations for a campaign finance law violation - like the one Cohen pleaded guilty to - would be five years.
Special Counsel Robert Mueller should wrap up his probe soon, Sen.
"I think you are beyond the stage that led to impeachment proceedings against President Clinton", he said, later adding, "The president stepped into the territory that ultimately led to President Nixon resigning".
On today's Face the Nation, Representative Adam Schiff claims that President Trump may face the real prospect of jail time after leaving office.