Falsifying business records is a crime. That has been proven beyond any doubt. The money was spent on hush money, not on legal fees.
The only real question is whether the crime was a felony, or a misdemeanor, and whether trump definitely committed it, or just almost certainly committed it. If the falsifying of business records was not in furtherance of another crime, it is "only" a misdemeanor. We all know trump authorized the hush money, but his lawyers are claiming there might be a tiny bit of reasonable doubt.
So the alt right defense is that trump is guilty of a more minor crime, based on a technicality, and that while he is almost certainly guilty, maybe that is not enough certainty.