Politics
Donald Trump Jr. and Russia: What the Law Says
By
CHARLIE SAVAGEJULY 11, 2017
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Here are questions and answers about legal issues raised by this disclosure amid the criminal investigation by a special counsel, Robert S. Mueller III, into the Trump-Russia affair.
What is collusion?
In general parlance, “collusion” means working together, usually in secret, to do something illicit. But the term has no defined legal meaning. Lawyers instead talk about the offense of
“conspiracy.”
What is conspiracy?
In
criminal law, the offense of conspiracy is generally an agreement by two or more people to commit a crime — whether or not they do. A powerful tool for prosecutors, conspiracy charges permit holding each conspirator responsible for illegal acts committed by others in the circle as part of the arrangement.
Is the meeting enough to prove conspiracy?
The events made public in the past few days are not enough to charge conspiracy, said
Renato Mariotti, a former federal prosecutor. Still, he said, the revelations are important because
if further evidence of coordination emerges, the contents of the emails and the fact of the meeting would help establish an intent to work with Russia on influencing the election.
“What this email string establishes is that Don Jr. was aware that the Russian government wanted to help the Trump campaign and he welcomed support from the Russian government,” Mr. Mariotti said.
What else is needed?
Evidence of an agreement to violate a specific criminal statute — in other words, a conspiracy to commit a certain crime.
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“Anytime you are talking about coordinating or collusion, you are talking about the possibility of conspiracy charges,” said
Samuel W. Buell, a former federal prosecutor who teaches criminal law at Duke University. “But conspiracy is not a crime that floats by itself in the air. There has to be an underlying federal offense that is being conspired to be committed.”
Was election law violated?
A federal law, Section 30121 of Title 52, makes it a crime for any foreigner to contribute or donate money or some “other thing of value” in connection with an American election, or for anyone to solicit a foreigner to do so. Legal experts struggled to identify any precedent for prosecutions under that statute, but that phrase is common in other federal criminal statutes covering such crimes as bribery and threats, said
Richard L. Hasen, an election-law professor at the University of California, Irvine.
Courts have held, in other contexts, that a “thing of value” can be something intangible, like information.
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Donald Trump Jr. and Russia: What the Law Says