Lately we’ve been hearing a lot about hush money. A week before the 2016 election, Stormy Daniels, a porn actress, was paid to be silent about an affair she may or may not have had with Donald Trump in 2006, shortly after his wife Melania gave birth to their son Barron.
Non-disclosure agreements (NDAs) have also been in the news because they have been used by Harvey Weinstein and others to buy the silence of women they allegedly harassed or assaulted. And in the last few months, it’s also become public knowledge that this legal device has been used to insulate members of Congress from scrutiny after allegations of harassment.
Buying the silence of an accuser is evidently common practice and legally above board. It’s surprising, then, that it’s a misdeed or even a crime—the crime of blackmail—for an accuser to aggressively sell their silence. “I’ll pay you to keep my behavior a secret” is fine if Trump said it. But “I won’t keep your behavior a secret unless you pay me” is unacceptable if Stormy Daniels said it.