"Bradley Smith, a former chairman of the Federal Election Commission, says it’s a stretch to say the payoffs were aimed solely at influencing the election.
Writing in the National Review this week, Smith said Trump had valid, personal reasons to hide the alleged affairs from public view. Among them: protecting his family from scandal and preserving his viability as a TV personality had he lost the election."
His opinion that there could have been other reasons is not related to the argument it is a potential violation. Up to the prosecution to show the intention of the payoffs.