Donald Trump acknowledges Stormy Daniels payment, denies affair or use of campaign money

David Jackson | USA TODAY

Show Caption Hide Caption Rudy Giuliani fumbles interview about Daniels' hush money The former New York Mayor, who recently joined Trump's legal team, directly contradicted the president's claim that he had no knowledge of Michael Cohen's decision to pay Stormy Daniels $130,000.

WASHINGTON — Changing his story, President Trump acknowledged a $130,000 payment to adult film actress Stormy Daniels on Thursday, but said a non-disclosure agreement was "used to stop the false and extortionist accusations made by her about an affair."

Contradicting previous statements that he knew nothing about any sort of payment, Trump tweeted that these agreements are "very common among celebrities and people of wealth."

The president also tweeted that campaign funds "played no roll in this transaction" — misspelling the term "role" — though some legal analysts said the previously unreported payment could be considered an in-kind political contribution subject to federal law.

Trump's revelation on Twitter came the morning after his attorney, former New York City mayor Rudy Giuliani, said the president repaid his personal attorney Michael Cohen for money given to Daniels.

Mr. Cohen, an attorney, received a monthly retainer, not from the campaign and having nothing to do with the campaign, from which he entered into, through reimbursement, a private contract between two parties, known as a non-disclosure agreement, or NDA. These agreements are..... — Donald J. Trump (@realDonaldTrump) May 3, 2018

...very common among celebrities and people of wealth. In this case it is in full force and effect and will be used in Arbitration for damages against Ms. Clifford (Daniels). The agreement was used to stop the false and extortionist accusations made by her about an affair,...... — Donald J. Trump (@realDonaldTrump) May 3, 2018

...despite already having signed a detailed letter admitting that there was no affair. Prior to its violation by Ms. Clifford and her attorney, this was a private agreement. Money from the campaign, or campaign contributions, played no roll in this transaction. — Donald J. Trump (@realDonaldTrump) May 3, 2018

More: Trump could face more legal trouble after confirming he repaid Michael Cohen, watchdogs say

More: Rudy Giuliani says Trump paid Michael Cohen back for $130,000 given to Stormy Daniels

More: The $130,000 question: What the White House has said about the Stormy Daniels payoff

While Trump and Giuliani stressed that the Daniels money came from personal funds, legal analysts said it could be considered an in-kind campaign political contribution because it came right before the election. That would make it subject to campaign finance laws, and Trump's team never reported the payment.

Attorney George Conway, who is the husband of White House Counselor Kellyanne Conway, tweeted out a section of campaign finance law:

"If any person, including a relative or friend of the candidate, gives or loans the candidate money 'for the purpose of influencing any election for federal office,' the funds are not considered personal funds of the candidate even if they are given to the candidate directly. Instead, the gift or loan is considered a contribution from the donor to the campaign, subject to the per-election limit and reportable by the campaign."

Giuliani, appearing Thursday on Fox & Friends, to discuss the non-disclosure agreement, said: “Imagine if that came out on October 15, 2016, in the middle of the last debate with Hillary Clinton?"

Later, in an appearance on Fox Business Network, Giuliani said, "this was never about the campaign. This was about personal reputation. The money wasn’t paid to help the campaign or hurt the campaign."

Daniels' attorney Michael Avenatti, meanwhile, took to Twitter to mock both Trump and Giuliani for helping his client make her case.

"Whatever happens @foxandfriends, please do not stop helping our case week in and week out by having Mr. Trump and Mr. Giuliani appear and make damaging stmts," Avenatti tweeted. "You are truly THE BEST; where can we send the gift basket? #basta"

The non-disclosure agreement and the secret payment came just days before the 2016 presidential election that Trump won.

Trump tweeted about the Daniels case just hours before hosting a National Day of Prayer event at the White House.

In his tweet storm, Trump said Cohen was paid a monthly retainer, and that money was used to enter into the non-disclosure agreement with Daniels.

"The agreement was used to stop the false and extortionist accusations made by her about an affair, despite already having signed a detailed letter admitting that there was no affair," Trump tweeted.

The president's tweets contained legalese and showed signs of assistance from a lawyer.

The tweets mark a changed story for Trump.

Back on April 5, he denied knowing about the $130,000 payment to Daniels, telling reporters aboard Air Force One: "You’ll have to ask Michael Cohen. Michael is my attorney. You’ll have to ask Michael."

After Giuliani discussed the payments on Fox News, Avenatti called the new admission "a stunning revelation."

"Mr. Trump evidently has participated in a felony and there must be serious consequences for his conduct and his lies and deception to the American people," Avenatti told the Associated Press.

Avenatti told MSNBC that Giuliani confirmed that Trump and his team have been lying about the agreement with Daniels.

"This is consistent with what we have been saying now for months," Avenatti said. "It ultimately was going to be proven, it ultimately was going to come out, we just didn't know that Rudy Giuliani was going to go on the Sean Hannity show and admit it on national television."

Daniels, who says she had a sexual encounter with Trump in 2006, filed a lawsuit against the president Monday, saying Trump defamed her when he described her claim as a "con job."

Daniels is also suing Cohen, but a federal judge granted a 90-day delay in that lawsuit last week due to concerns that Cohen may face criminal charges after FBI agents raided his home, hotel room and law offices as part of a fraud investigation.

Avenatti, appearing again Thursday on MSNBC, made a stark prediction about Trump's future: “This president will not serve out his time. I guarantee it."