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Fair points.Also we have a recording of a Trump campaign meeting where they were discussing payoffs as a campaign matter. That's why that tape was so absolutely jaw dropping, even if most people didn't seem to recognize it's significance at the time. We also have documentation from the lawyer, testimony from the lawyer, and apparently corroborating testimony from the other party involved at the National Enquirer.
It's worth remembering that we're not asking if this *could* have been done legally. We're asking if it was. The FBI convinced Cohen that it wasn't.
I think Mueller & SDNY is wise in establishing a conspiracy in these instances. As I stated above, that gives all conspirators legal liability. It also opens up charging possibilities, where an action may not be illegal of itself, but becomes illegal due to being part of the conspiracy. And additionally, conspiracy charges allow the use of hearsay as admittable evidence in court.