Could Donald Trump face a new FBI probe over Stormy Daniels ‘affair’?

Complaint filed to election commission claims ‘hush money’ payment to porn star effectively amounts to campaign contribution

A government watchdog organisation has filed a complaint to the Federal Electoral Commission (FEC) over the $130,000 (£92,500) Donald Trump’s lawyer paid to porn star Stormy Daniels before the presidential election, suggesting the payment could have influenced the outcome of the vote and should have been declared at the time.

Earlier in the year, reports emerged that Daniels had been paid the amount shortly before the 2016 election to keep quiet about an alleged relationship she had with Mr Trump in 2006 – a year after he married his current wife Melania Trump.

The US President could potentially face another FBI investigation during his time in office if it transpires the money paid to Daniels was an attempt to influence the 2016 presidential election.

Who filed the complaint?

Common Cause, a Washington watchdog, has asked the FEC to investigate the source of the $130,000 payment made by Mr Trump's lawyer and determine whether it constituted an excessive campaign contribution.

On Wednesday the organisation called on both the independent regulatory agency which enforces campaign finance law in US federal elections and the Department of Justice to carry out a full investigation. The watchdog said the timing and circumstances of the payment “make it appear that the hush money was paid to Daniels in an effort to influence the election.”

In its complaint Common Cause argued the payment amounts to a campaign contribution way over the $2,700 limit to the amount any individual can give.

“Michael Cohen [Mr Trump’s lawyer] has now admitted to being the ‘John Doe’ named in our complaints who paid off Daniels, apparently to buy her silence, at a time when she was reportedly negotiating with major media outlets to discuss the potentially damaging details of a relationship she carried on with Trump,” reads the complaint.

“Questions about the payment and the circumstances behind it must be answered, and they must be answered under oath.”

Will the FBI be involved?

David Brock, a commentator and founder of the media watchdog group Media Matters for America, has also filed a complaint with the FEC, arguing it is imperative the US public knows more about the payment exchange.

“These revelations do more than just confirm what many of us already knew about Trump’s personal character. They raise serious questions about whether Trump will face yet another FBI investigation during his time in office,” he said in a piece for NBC.

“The American people deserve to know the truth about why their president was paying $130,000 to a former paramour in apparent exchange for her silence in the middle of the campaign, and whether he broke federal election law or violated the public trust in the process.”

The complaints come after Mr Cohen admitted to paying the money to Daniels, who reportedly once told a journalist she had had an affair with Mr Trump more than a decade ago.

What has Trump’s lawyer said?

Mr Cohen said he paid the porn star, whose real name is Stephanie Clifford, $130,000 out of his own pocket in the months leading up to the election. But Mr Cohen insisted he was working alone and it was not a campaign expense.

“Neither the Trump Organisation nor the Trump campaign was a party to the transaction with Ms Clifford, and neither reimbursed me for the payment, either directly or indirectly,” Mr Cohen said in a statement released on Tuesday night.

In his statement, Mr Cohen said the payment was a “private transaction” but failed to explain why the sum was paid or reveal whether Mr Trump knew about it.

Addressing the complaint filed by Common Cause, he said: “The complaint alleges that I somehow violated campaign finance laws by facilitating an excess, in-kind contribution. The allegations in the complaint are factually unsupported and without legal merit, and my counsel has submitted a response to the FEC”.

He added: “Just because something isn’t true doesn’t mean that it can’t cause you harm or damage. I will always protect Mr Trump”.

In a statement to The Independent, a spokesperson for the FEC confirmed it had received Common Cause’s complaint. They declined to comment further, citing confidentiality rules that apply until the case is resolved.

And where does Daniels stand?

Daniels now believes she is “free to talk” about her alleged relationship with the president after accusing Mr Trump’s personal lawyer of breaching a non-disclosure agreement.

The adult performer's manager said Mr Cohen's admission represented a breach of their contract. “Everything is off now, and Stormy is going to tell her story,” Gina Rodriguez, told the Associated Press.

Both Mr Trump and Ms Daniels denied there had been any relationship despite the fact she provided details of the affair to In Touch magazine in 2011. The interview was not published until recently.

In the wake of the reports, Ms Daniels issued a statement denying the affair ever took place. She also refused to confirm or deny a relationship when she appeared on TV on the night of the President’s State of the Union address.

“The fact of the matter is that each party to this alleged affair denied its existence in 2006, 2011, 2017 and again in 2018,” she said. “I am not denying this affair because I was paid 'hush money' as has been reported in overseas-owned tabloids. I am denying this affair because it never happened."

The Independent contacted the White House for comment.