Why Trump Jr. may have broken the law
The statute in question is 52 USC 30121, 36 USC 510 — the law governing foreign contributions to US campaigns. There are two key passages that apply here. This is the first:
A foreign national shall not, directly or indirectly, make a contribution or a donation of money or other thing of value, or expressly or impliedly promise to make a contribution or a donation, in connection with any Federal, State, or local election.
The crucial phrase here is “other thing of value,” legal experts tell me. It means that the law extends beyond just cash donations. Foreigners are also banned from providing other kinds of contributions that would be the functional equivalent of a campaign donation, just provided in the form of services rather than goods. Like, say, damaging information the Russian government collected about Hillary Clinton.
“To the extent you’re using the resources of a foreign country to run your campaign — that’s an illegal campaign contribution,” Nick Akerman, an assistant special prosecutor during the Watergate investigation who now specializes in data crime, says.
Here’s the second important passage of the statute: “No person shall knowingly solicit, accept, or receive from a foreign national any contribution or donation prohibited by [this law].”
The key word from Trump Jr., according to University of California Irvine election law expert Rick Hasen, is “solicit,” which has a very specific meaning in this context. To quote the relevant statute:
A solicitation is an oral or written communication that, construed as reasonably understood in the context in which it is made, contains a clear message asking, requesting, or recommending that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value.
Trump Jr. was clearly soliciting information that he knew was coming from a foreign source. Given that political campaigns regularly pay thousands of dollars to opposition researchers to dig up dirt, it seems like damaging information on Clinton would constitute something “of value” to the Trump campaign.
The solicitation bit is why it doesn’t matter if Trump Jr. actually got useful information. The part that’s illegal, according to the experts I spoke to, is trying to acquire dirt on Clinton from a foreign source, not successfully acquiring it. And his statement more or less admits that he did, in fact, solicit this information.
Je negeert compleet al de rest, en springt op iets wat makkelijk te weerleggen is. Voorlopig. Want jij weet zogezegd dat het niet telt als contribution, maar dat zijn dus federale rechters nu aan het uitzoeken.