Huge news. Stone story sheds light on June 2016 Trump Tower Meeting. The campaign knew there was a big price for dirt on Clinton. So, the "I love it" info promised by the Russian-linked lawyer also appears to be a " a thing of value" that Don Jr. agreed to meet to receive.
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We have debated whether opposition research provided by a foreign national to a political campaign constitute “a thing of value” for purposes of the Federal Election Campaign Act and thus form the basis of a federal criminal offense.
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The answer to that question has legal implications of key activities including
June 2016 meeting in Trump Tower between campaign officials and Russian nationals
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June 2016 meeting in Trump Tower between campaign officials and Russian nationals
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Let's recall:
June 3, 2016, publicist Rob Goldstone wrote in an email to Donald Trump Jr. that there was information originating with the Russian government that could provide his father’s “campaign with some official documents and information that would incriminate” Clinton
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June 3, 2016, publicist Rob Goldstone wrote in an email to Donald Trump Jr. that there was information originating with the Russian government that could provide his father’s “campaign with some official documents and information that would incriminate” Clinton
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“and would be very useful to your father.” Goldstone also wrote that: “This is obviously very high level and sensitive information but is part of Russia and its government's support for Mr. Trump-helped along by Aras and Emin.”
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On that same day, Don Junior sent a reply email to Goldstone in which he wrote: “Seems we have some time and if it's what you say I love it especially later in the summer. Could we do a call first thing next week when I am back?”
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Then, on June 7th, 2016, candidate Donald Trump said “I am going to give a major speech on probably Monday of next week, and we're going to be discussing all of the things that have taken place with the Clintons.” (The speech was postponed)
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On June 9, a meeting was held in the Tower. There were 8 people in attendance. Meeting began at 4 p.m. They included three members of the Trump campaign: (1) Junior, (2) T’s son-in-law, Jared Kushner and (3) campaign chairman Paul Manafort. Also present were the following
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(4)Natalia Veselnitskay (Russian lawyer tied to Kremlin); (5) Rinat Akhmetshin (Russian-American lobbyist/counterintelligence); (6) Irakly Kaveladze(Russian national investigated by US Senate for money laundering); (7) Goldstone & (8) Anatoli Samochornov(American translator)
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Meeting was scheduled for 4 p.m. According to Junior, meeting lasted between 20 - 30 minutes. At 4:40 p.m. on June 9th: “How long did it take your staff of 823 people to think that up--and where are your 33,000 emails that you deleted?”
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According to Michael Wolff in his book "Fire and Fury," Steve Bannon said, “The chance that Don Jr. did not walk these Jumos up to his father’s office of the 26th floor is zero.”
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Thanks to Stone interview, published today in @washingtonpost, we now know in May 2016, just weeks before Don Jr. agreed to meet with Russian nationals in Trump Tower to get oppo research on Clinton, the campaign (namely Marc Caputo) was aware the dirt cost up to $2 million
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Some legal questions:
Can oppo research provided by (or solicited from) foreign national, be considered a prohibited “thing of value” under Federal Election Campaign Act; and
Can such a FECA violation serve as an underlying offense in a conspiracy charge under 18 USC 371
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Can oppo research provided by (or solicited from) foreign national, be considered a prohibited “thing of value” under Federal Election Campaign Act; and
Can such a FECA violation serve as an underlying offense in a conspiracy charge under 18 USC 371
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And
Is there evidence linking candidate Trump to June 2016 meeting that would be sufficient to include him as a member of such a conspiracy to violate the Federal Election Campaign Act and thus chargeable for acts committed in furtherance of the underlying objective?
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Is there evidence linking candidate Trump to June 2016 meeting that would be sufficient to include him as a member of such a conspiracy to violate the Federal Election Campaign Act and thus chargeable for acts committed in furtherance of the underlying objective?
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What does the law provide?
FECA 52 U.S.C. 30121 prohibits a “foreign national” from directly or indirectly contributing “any thing of value” in connection with a federal, state, or local election.Campaign staff also cannot solicit, accept, or receive any “thing of value"
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FECA 52 U.S.C. 30121 prohibits a “foreign national” from directly or indirectly contributing “any thing of value” in connection with a federal, state, or local election.Campaign staff also cannot solicit, accept, or receive any “thing of value"
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The term "foreign national" includes foreign governments & individuals. Doesn't include someone with dual US citizenship.
If done knowingly and willfully, such activity could be a crime. The Department of Justice has recently successfully prosecuted FECA cases.
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If done knowingly and willfully, such activity could be a crime. The Department of Justice has recently successfully prosecuted FECA cases.
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So, the big debate has been over "a thing of value"? Can opposition research provided by a foreign national to a political campaign constitute “a thing of value” for purposes of the Federal Election Campaign Act and thus form the basis of a federal criminal offense.
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As election law expert @rickhasen has noted, "The Federal Election Commission has said that providing free polling information to a candidate is a thing of value. ."
slate.com/articles/news_…
slate.com/articles/news_…
Hasen noted the FEC "said that when Grover Norquist’s Americans for Tax Reform gave a list of conservative activists in 37 states to the Bush–Cheney campaign in 2004, this was a thing of value which had to be reported by the campaign . . "
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"even if the list was publicly posted on the group’s website. It said that Canadian campaign literature which an American candidate wanted to borrow from in his own campaign is a thing of value, even if its value is 'nominal or difficult to ascertain.'"
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"It said that opposition research provided by a political group to Republican candidates can count as an in-kind contribution. . ."
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So, assuming that the meeting involved a violation of the Federal Election Campaign Act, was a unlawful conspiracy established? We look to 18 USC § 371 to help answer that question. Notably Robert Mueller has already charged several defendants under that statute.
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"If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy . . "
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" . . each shall be fined under this title or imprisoned not more than five years, or both."
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Note that there are two alternative ways to charge a defendant or defendants with conspiracy. The first involves conspiring to commit an "offense" against the United States, meaning another underlying federal crime. The second does not require an underlying law.
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Further questions arise.
Can a sitting president be either indicted or prosecuted?
Would the grand jury name the president an unindicted co-conspirator?
How does this bolster charges of obstruction or conspiracy to obstruct?
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Can a sitting president be either indicted or prosecuted?
Would the grand jury name the president an unindicted co-conspirator?
How does this bolster charges of obstruction or conspiracy to obstruct?
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In summary, if true, today's Roger Stone news is at the very least, very, very, bad for Don Jr. Jared Kushner & Paul Manafort. Though, for Paul, not sure it's more than a rounding error on his sentence at this point.
This is also could be very damaging for the president.
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This is also could be very damaging for the president.
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Clarification, that was something that Donald Trump said re the emails
