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A few thoughts on Maria Butina 18-month sentence. It was in line with rec of prosecutors who alleged she was part of a 'spot and assess' operation to recruit Russian spies in the US political system politi.co/2IZevCi
However, there was no suggestion Butina knew she was part of such an effort. (If she was, she should've asked for money or a job, no?)
Also it seems to me like there'd be significant overlap between efforts to find Americans susceptible to Russian messaging and Americans susceptible to Russian recruitment.
The judge linked the case to the 2016 election interference and so-called 'active measures.' Prosecutors never made that claim.
Judge Chutkan also dismissed the idea that the charge was really about not submitting paperwork. Manafort and Patten tried similar 'paperwork' arguments in front of Judge Amy Jackson and got slapped down.
Both judges say the paperwork argument is naive and simplistic because it ignores that one's arguments and efforts are received differently as an overt (typically paid) agent of a foreign nation instead of merely a person with interest in improved relations between US & nation X.
Butina did face a kind of strange quirk in US law, though. FARA is a specific intent crime, probably for reason election/lobbying laws tend to be. The crime she pled guilty to conspiring to violate, 18 USC 951, isn't. So, she couldn't be charged with a criminal FARA violation...
...because the govt would have to show she knew about FARA or at least that what she was doing was illegal. So they charged 951, which sounds much more sinister and which the judge treated today as such. That latter law is more like espionage, so it's presumed people know not to.
Final note: somewhat strange press release from govt w/ no quotes. justice.gov/opa/pr/russian… There is a gag order in the case so that may explain the bare-facts release altho case is over now.
If goal is to name and shame, you'd think FBI or local postal inspector would be in there saying how Butina's case and sentence should be lesson to others. Nothing like that. Maybe they don't want to get in middle of Trump/Barr/Mueller fights. ENDS
