Why can't you pay hush money to porn stars, waitresses, male flower sellers on the street, or anyone else?
'Consenting adults'...unless there's extortion involved?
...if you use your own money.
Did Trump use his own money?
Trump likely could have gotten away with paying the hush money by reporting it. Which defeats the purpose of hush money. He probably shouldn't have cheated on his wife.
The only candidate ever charged with campaign finance violations over hush money was John Edwards and the trial ended in acquittal and was roundly criticized by the media as a waste of time. The furor over Trump has no legal basis but is purely political.
Of course both the Enquirer and Cohen have admitted the two things the government could not prove.against Edwards: that the hush money was paid for political purposes and that Trump was.aware of and directed the activity specifically for political purposes. But don't let the idea that individual cases stand or fall on their own facts trouble you.
The legal basis of the Edwards charges: that Hush money paid for campaign purposes is subject to campaign finance regulations - was not the reason the government must. Case went to trial, and to a jury, which deadlocked on all but one claim. It was the facts that resulted in Edwards's acquittal, or the idea that hush money paid in connection to a campaign was not a campaign contribution.