daniels payment was a personal expense and wasn't made to influence the election. >> that statement by rudy giuliani does suggest that it was related to an election. if it's related to an election, then it may be an in kind contribution, and it may also need to be reported. >> reporter: and in federal election commission documents, trump never reported the daniels payment but a former trump lawyer says giuliani's comment doesn't imply trump and michael cohen broke fec rules. >> because it has an outcome that could have a political impact doesn't mean there's an fec violation because there has to be some coordination with the campaign. there's been no facts that have shown that to date. >> reporter: experts say giuliani talked about trump paying back cohen. >> he was definitely reimbursed. no doubt about it. >> reporter: giuliani said trump didn't start secretly paying cohen back until months after the election. in the interim, trump never reported what he owed cohen. >> the president is supposed to disclose on his personal