In Watergate, the key crime was the slush fund rather than the burglary. Overlaid on top of that was Nixon's crimes in attempting to obstruct justice - but like Deep Throat said in the All the President's Men, "Follow the money".
Tonight's homework is to rewatch the movie.
It shows how a cashier's check, from campaign funds raised entirely legally by Kenneth Dahlberg, ended up in the account of one of the burglars. Nixon's CREEP (Committee to Re-elect the President) basically diverted a bunch of legal campaign funds into separated bank accounts, opening accounts illegally and distributing the cash illegally. I'm particularly interested in a professional capacity on how these bank accounts were controlled, as it's a good case study to look at the gross negligence by CREEP's Treasurer, Hugh Sloan (generously described by Woodward and Bernstein as the only honest man). Sloan was basically bullied by his higher-ups of Magruder, Stans and Haldeman (who all ended up convicted and jailed).
US campaign finance laws were put in place as a reaction to Watergate. They are very tight, with restrictions on amounts and tough disclosure rule. Anything like running a slush fund is made illegal by a bunch of laws.
But the key weak spot is Super PACs - companies like Novartis or AT&T can make huge campaign donations. The Supreme Court's "Citizens United" disastrous decision was to allow this, so long as the PAC ("political action committee") does not coordinate with the candidate's official campaign. Super PACs are a problem because disclosure is easily delayed until after elections have taken place, plus it's easy to work around the restriction against coordinating with the official campaign. Plus, Super PACS are good for the sleazy mud-slinging side of US politics, as their separated status means the candidate can remain aloof.
However this Essentials fund run by Cohen is not even a Super PAC. It's his own creation, a vehicle that's taking in over a million dollars from companies and a Russian under sanction.
In Watergate, Nixon's CREEP received millions in secret contributions from major American companies, as a fairly transparent pay-to-play bribe - get access or concessions later from the victorious candidate. And if a company was invited to contribution but didn't pay up, Nixon's guys basically told corporations they'd regret it.
These are mafia extortion techniques that Cohen is not unfamiliar with...
Nixon halted an antitrust action against one corporation that gave money to the CREEP slush fund. A milk company that donated cash found its regulations were relaxed after the election.
Do we think it's a coincidence that AT&T's secret payments for "consultancy" to Cohen were followed by various things that would interest AT&T... AT&T is struggling with antitrust issues on its prospective merger with TIme Warner. And net neutrality is another big issue for them. They paid Cohen $200,000 (that we know about) for "insight", they did not publically disclose this as lobbying payments, and they claim it was not for legal work.
None of this was disclosed as campaign contributions.
Maybe it's simple pay-for-play bribes to get access to Trump. But it looks well beyond the normal corruption level. This is a slush fund that took in cash, including Russian cash, and the only known pay out from the fund is the hush money to Stormy Daniels. It stinks. In a way, it will be worse if it's found out to be entirely legal, that it's OK in America for corporations to corrupt politics by funding hush money or channeling bribes to politicians.
The fundamental flaw of American democracy is the corrupting power of big money, fuelling the parties and getting things in return. Secret money is even more corrupting. It's no coincidence, I think, that the Avenatti dossier takes the Trump scandal much closer to Watergate territory than previous stuff about Russian hacking etc.
This is the age-old flaw reappearing. A good old fashioned slush fund. Secret payments to Cohen's Essentials fund, that are then used for the benefit of Trump and the Trump Family Crime Syndicate. This element of the story is most definitely Watergate 2.