Colonel Hogan
Madness
- Joined
- Sep 16, 2005
- Posts
- 18,372
Peruse the FEC's opinions. Voter rolls have been found to count as a 'thing of value'. It's not a stretch to imagine that dirt on an opponent would also count. That is... "value" is not just money.
The Prosecution:
Junior thought the Russian government was going to give him dirt on HRC. Junior agreed to meet with someone he thought represented the Russian government to receive that information.
Dirt on HRC would have value to the Trump campaign and was being offered by a foreign government.
I take no position on the matter, just laying out the possible charge as I was asked to do.
Pay me $450 per hour and I'll lay out the defense.
The first opinion is free.
It clearly states it covers donations.
That covers in-kind donations for opposition research.
Yeah, it's a HUGE stretch.
From ABC News online:
"No person shall knowingly solicit, accept or receive from a foreign national any contribution or donation," reads Title 11 in the Code of Federal Regulations, section 110.20 (g). A contribution can be "anything of value," including negative information about a political opponent.
It is unlawful to "provide substantial assistance in the solicitation, making, acceptance or receipt of a contribution or donation," reads 11 CFR 110.20 (h).
Solicitation
Experts said it can be difficult to determine whether unlawful solicitation has occurred, as there is little established law or precedent in this area.
Simply attending the meeting with Veselnitskaya almost certainly did not cross that line, said experts.
There are "no magic words" to turn this into solicitation, said Kathleen Clark, a law professor at Washington University School of Law. "You have to look at the context. Was Don Jr. attempting to induce someone?"
To make this unlawful, Trump, Kushner and Manafort would have to "ask for something, and it would have to be an express or implied ask," said Rick Hasen, an election law expert at the University of California at Irvine. And they would have to know whom they were meeting, he added.
http://abcnews.go.com/Politics/trump-jr-meeting-russian-lawyer-violated-campaign-laws/story?id=48557183
The "solicitation" specifics aside, the ABC News assertion that ANY negative information about a political opponent constitutes a LEGAL definition of "a thing of value" is simply flat-ass wrong. I can find nowhere in the United States Code or CFRs where "a thing of value" is so narrowly defined.
Common sense would tell us that those who engage in the specific commerce of political opposition research CANNOT simply give their services away for the purpose of avoiding reporting requirements related to "in-kind donations." No question about that.
But to apply that same rationale to any and all political intelligence freely offered from individual partisans, either foreign or domestic and not so "commercially engaged," is beyond the pale. The law makes no attempt to address that eventuality -- particularly in 20-minute meetings where no such information exchange actually took place.