Judge Juan Merchan is currently considering a request from prosecutors regarding the interpretation of third-party payments in relation to candidate status for federal office. The prosecutors are seeking clarification that candidate status does not have to be the sole reason for such payments, as long as the payment would not have been made if not for the candidate's status.
Merchan is reviewing language proposed by the Trump team, which emphasizes that if a payment would have been made regardless of the candidate's status, it should not be considered a contribution. The Trump team is advocating for the inclusion of examples to illustrate this point.
Trump attorney Emil Bove has highlighted the technical and potentially confusing nature of this issue. Bove expressed a desire to consult with former Federal Election Commissioner Brad Smith on this matter, had they been given the opportunity.
While Merchan has not yet made a final decision, he indicated a leaning towards incorporating the last sentence from Trump's proposed language and a line from the prosecution's argument into his ruling.