Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: Calling all Constitutional lawyer wannabes: What IS the crime? [View all]Gothmog
(145,130 posts)19. Fox News host wrong that no law forbids Russia-Trump collusion
Here is some more on why collusion between trump and Russia would be a crime http://www.politifact.com/punditfact/statements/2017/may/31/gregg-jarrett/fox-news-hosts-wrong-no-law-forbids-russia-trump-c/
We ran Jarretts argument by three election law professors, and they all said that while the word "collusion" might not appear in key statutes (they couldnt say for sure that it was totally absent), working with the Russians could violate criminal laws.
Nathaniel Persily at Stanford University Law School said one relevant statute is the Bipartisan Campaign Reform Act of 2002.
"A foreign national spending money to influence a federal election can be a crime," Persily said. "And if a U.S. citizen coordinates, conspires or assists in that spending, then it could be a crime."
Persily pointed to a 2011 U.S. District Court ruling based on the 2002 law. The judges said that the law bans foreign nationals "from making expenditures to expressly advocate the election or defeat of a political candidate."
Another election law specialist, John Coates at Harvard University Law School, said if Russians aimed to shape the outcome of the presidential election, that would meet the definition of an expenditure.
"The related funds could also be viewed as an illegal contribution to any candidate who coordinates (colludes) with the foreign speaker," Coates said.
To be sure, no one is saying that coordination took place. Whats in doubt is whether the word "collusion" is as pivotal as Jarrett makes it out to be.
Coates said discussions between a campaign and a foreigner could violate the law against fraud.
"Under that statute, it is a federal crime to conspire with anyone, including a foreign government, to deprive another of the intangible right of honest services, " Coates said. "That would include fixing a fraudulent election, in my view, within the plain meaning of the statute."
Josh Douglas at the University of Kentucky Law School offered two other possible relevant statutes.
"Collusion in a federal election with a foreign entity could potentially fall under other crimes, such as against public corruption," Douglas said. "There's also a general anti-coercion federal election law."
In sum, legal experts mentioned four criminal laws that might have been broken. The key is not whether those statutes use the word collusion, but whether the activities of the Russians and Trump associates went beyond permissible acts.
Nathaniel Persily at Stanford University Law School said one relevant statute is the Bipartisan Campaign Reform Act of 2002.
"A foreign national spending money to influence a federal election can be a crime," Persily said. "And if a U.S. citizen coordinates, conspires or assists in that spending, then it could be a crime."
Persily pointed to a 2011 U.S. District Court ruling based on the 2002 law. The judges said that the law bans foreign nationals "from making expenditures to expressly advocate the election or defeat of a political candidate."
Another election law specialist, John Coates at Harvard University Law School, said if Russians aimed to shape the outcome of the presidential election, that would meet the definition of an expenditure.
"The related funds could also be viewed as an illegal contribution to any candidate who coordinates (colludes) with the foreign speaker," Coates said.
To be sure, no one is saying that coordination took place. Whats in doubt is whether the word "collusion" is as pivotal as Jarrett makes it out to be.
Coates said discussions between a campaign and a foreigner could violate the law against fraud.
"Under that statute, it is a federal crime to conspire with anyone, including a foreign government, to deprive another of the intangible right of honest services, " Coates said. "That would include fixing a fraudulent election, in my view, within the plain meaning of the statute."
Josh Douglas at the University of Kentucky Law School offered two other possible relevant statutes.
"Collusion in a federal election with a foreign entity could potentially fall under other crimes, such as against public corruption," Douglas said. "There's also a general anti-coercion federal election law."
In sum, legal experts mentioned four criminal laws that might have been broken. The key is not whether those statutes use the word collusion, but whether the activities of the Russians and Trump associates went beyond permissible acts.
Edit history
Please sign in to view edit histories.
48 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
As long as he is president, nothing he or his campaign team did or are doing is illegal
Voltaire2
Jun 2017
#36
An insane traitor has taken over our country and shit is not really being done about it!
Lint Head
Jun 2017
#4
A lot is being done about it, but it is all locked away in Mueller's office for now
marylandblue
Jun 2017
#9
There would have to be classified information involved. Not needed to get Trump elected.
Voltaire2
Jun 2017
#29
QUID: Trump's loans get forgiven, and he's allowed to live. QUO: Putin/Russian bankers get their
WinkyDink
Jun 2017
#24
computer espionage/conspiracy to commit; computer tresspassing/conspiracy to commit
unblock
Jun 2017
#10
Depends on what the collusion was about. If it was about influencing the election,
The Velveteen Ocelot
Jun 2017
#14
Hello? TREASON. Throwing a Presidential election is TREASON. Then there's....
WinkyDink
Jun 2017
#20
So I didn't add the WELL-KNOWN PART about "with the aid of Russia, in order to install Russian
WinkyDink
Jun 2017
#26
Collusion with any foreign country, friend or foe by a citizen is treason. nt
Blue_true
Jun 2017
#42