Russian Meddling Hopefuls Are About To Have Their Dreams Crushed

Special counsel Robert Mueller's announcement of 13 Russians being indicted resulted in a flood of hungry anti-Trumpers rushing to get a piece of the impeachment pie.

Unfortunately for them, nowhere in Mueller's indictment does it say the 13 individuals were being charged for electioneering.

From Actually, Mueller indicted the Russians only for violating 18 U.S.C. §371 (conspiracy to defraud the United States), §§ 1343 and 1344 (wire fraud and bank fraud), and §1082(A) (identity theft). He did not indict them for violating 52 U.S.C. §30121 (contributions and donations by foreign nationals). The question is, why not? Here, I think Barnes supplies the answer, although again I do not think his explanation is technically accurate.

This is the relevant language of 52 U.S.C. §30121, which covers “meddling” in U.S. elections by foreign nationals:

(a) Prohibition: It shall be unlawful for—

(1) a foreign national, directly or indirectly, to make—

(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election;

(B) a contribution or donation to a committee of a political party; or

(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 30104(f)(3) of this title); or

(2) a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a foreign national.

The Russians obviously violated this statute; they spent millions of dollars to promote the candidacies of Bernie Sanders, Donald Trump and Jill Stein, and to oppose the candidacies of Hillary Clinton, Ted Cruz and Marco Rubio. So why weren’t they charged with the most pertinent crime they committed? Because Christopher Steele arguably violated the same law. He is a foreign national, and he contributed a “thing of value” to the Hillary Clinton campaign, namely the fake dossier.

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Posted Monday, February 19, 2018



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