Showing posts with label Election Law. Show all posts
Showing posts with label Election Law. Show all posts

Sunday, June 9, 2019

Yes Collusion! 2:"Russia, if you're listening . . ."


On 8/2/18, I devoted a post to Trump’s famous July 27, 2016, invitation, “Russia, if you’re listening, I hope you’re able to find the 30,000 emails that are missing.” I there contended that this did not constitute a violation of any federal solicitation-computer crime statute, but that it arguably constituted criminal solicitation of a foreign (“in kind”) campaign contribution in violation of the election laws. I added, in passing, that it was potentially an impeachable offense. https://lawrencecrocker.blogspot.com/2018/08/was-trumps-russia-if-you-are-listening.html.

I have seen no reason to revise those conclusions substantially. I still think that there is a respectable argument that Trump violated the solicitation provision of the election law, a violation not merely civil, but a criminal. It is simply implausible that he did not think he was asking for something that he expected to be of very substantial value to the campaign – certainly more valuable than many thousands of MAGA hats.  It is also implausible that he had not been told about the prohibition against foreign contributions.

What I want to do here is first to extend the analysis to consider Trump’s defense to accusations against his statement: “Of course I was being sarcastic.” (Interview on Fox and Friends.); "[I]n jest and sarcastically, as was apparent to any objective observer." (Written answers to Mueller questions.)
 
Second, I want to return to the question of Trump’s claims that he has been fully vindicated with respect to all claims of the sort that he or his campaign colluded with the Russians.