Here is all of Pg 190 from your source. What you posted does not appear. Why?
189
U.S. Department of Justice
Attorney Work Product // May Contain Material Protected Under Fed. R. Crim. P. 6(e)
ii. Willfulness
As discussed, to establish a criminal campaign-finance violation, the government must
prove that the defendant acted “knowingly and willfully.” 52 U.S.C. § 30109(d)(1)(A)(i). That
standard requires proof that the defendant knew generally that his conduct was unlawful. Election
Offenses 123. Given the uncertainties noted above, the “willfulness” requirement would pose a
substantial barrier to prosecution.
iii. Constitutional Considerations
Finally, the First Amendment could pose constraints on a prosecution. Even if WikiLeaks,
as a non-citizen abroad, could not assert First Amendment rights, see DKT Mem’l Fund Ltd. v.
Agency for Int’l Dev., 887 F.2d 275, 284 (D.C. Cir. 1989); Bahlul v. United States, 840 F.3d 757,
797 (D.C. Cir. 2016) (en banc) (Millett, J., concurring) (“no governing precedent extends First
Amendment protection to speech undertaken by non-citizens on foreign soil”), WikiLeaks could
argue that the transmission of information into the United States that did not involve express
advocacy implicates the First Amendment rights of American audiences. See Lamont v.
Postmaster General, 381 U.S. 301, 305 (1965) (treating limits on mailing propaganda into the
United States as “a limitation on the unfettered exercise of the addressee’s First Amendment
rights”); see also Bluman, 800 F. Supp. 2d at 290 (noting that the court’s interpretation of the
foreign-expenditure ban “does not restrain foreign nationals from speaking out about issues or
spending money to advocate their views about issues”). Assuming that no coordination with the
Campaign occurred, a criminal prosecution of overseas actors providing non-express-advocacy
information to American listeners would likely be difficult.
iv. Analysis as to Roger Stone
The Office also considered whether Roger Stone could be prosecuted for any direct or
indirect contacts with WikiLeaks about its release of hacked emails for the purpose of influencing
the presidential election, and whether any coordination between Stone and WikiLeaks would affect
WikiLeaks’s criminal exposure. If WikiLeaks’s release of documents were conducted in
coordination with Stone (or others associated with the Trump Campaign), the activity would
arguably constitute a “contribution,” rather than an “expenditure.” Cf. 52 U.S.C.
§ 30116(a)(7)(B)(i) (“For purposes of this subsection . . . expenditures made by any person in
cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his
authorized political committees, or their agents, shall be considered to be a contribution to such
candidate.”). That characterization would potentially render Bluman’s express-advocacy limitation
inapplicable (because Bluman had applied that interpretation only to expenditures made
independent of a campaign) and would significantly alleviate the First Amendment concerns
identified above (because coordinated election activity would implicate the compelling interest in
preventing foreign participation in the U.S. political process and in avoiding quid pro quo
corruption or its appearance). See Citizens United v. FEC, 558 U.S. 310, 357 (2010); FEC v.
Colorado Republican Fed. Campaign Comm., 533 U.S. 431, 444-60 (2001); Bluman, 800 F. Supp.
2d at 288.
190
Because im2 is a low down lying pony soldier.
That's why.