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Whether the President broke campaign finance law is not nearly as important as the abuse of power.
But yes, it was illegal. Here's why.
But yes, it was illegal. Here's why.
Section 30121(a)(2) bans (1) “soliciting” a foreign national for (2) a “contribution” (3) “in connection with an election.”
“Solicit” means “to ask for a contribution.” And if something is a “contribution,” then by definition it's “in connection with” an election.
“Solicit” means “to ask for a contribution.” And if something is a “contribution,” then by definition it's “in connection with” an election.
So here all three elements collapse into one question: When Trump asked Ukraine to conduct a government investigation into Trump’s opponent, was he asking them to make a “contribution”?
If so, he broke the law.
If so, he broke the law.
Spending by an outside entity is a “contribution” if it’s “coordinated” and an “expenditure.”
"Coordinated" means made at the “request or suggestion” of a candidate – that’s clearly met here, since the candidate suggested it.
"Coordinated" means made at the “request or suggestion” of a candidate – that’s clearly met here, since the candidate suggested it.
An “expenditure” is anything spent “for the purpose of influencing” an election.
So the only question left is whether Trump asked Ukraine to spend its resources “for the purpose of influencing” the US election.
So the only question left is whether Trump asked Ukraine to spend its resources “for the purpose of influencing” the US election.
The answer has to be yes. “Please talk to my personal lawyer about why you should investigate an opposing candidate” – that’s asking Ukraine to spend its resources to harm an electoral opponent, and the purpose of harming an electoral opponent is to influence the election.
So the President solicited a foreign national for a coordinated expenditure. That's illegal under federal law.
