Trump illegally asked Russia to help him win in 2016. He shouldn't get away with it.
S E E D E D C O N T E N T
Trump illegally asked Russia to help him win in 2016. He shouldn't get away with it.
Fred Wertheimer and Norman Eisen, Opinion contributors Published 5:00 a.m. ET Jan. 2, 2019 | Updated 6:56 p.m. ET Jan. 2, 2019
Donald Trump lashed out at Hillary Clinton on two email controversies that have hindered her campaign, while also denying any financial ties to Russia following reports of possible Russian meddling in the U.S. presidential race. (July 27) AP
Trump's public request for Russian help in finding Hillary Clinton’s emails was a violation of US law. There are ways to hold him accountable.
Prosecutors triggered a national firestorm last month when they asserted that President Donald Trump conspired with his ex-fixer, Michael Cohen, to commit campaign finance crimes involving hush money payments to two women. But the discussion has overlooked another Trump campaign finance offense — one that is even easier to prove because it occurred in plain sight.
On July 27, 2016, Trump called on Russia to find presidential Democratic nominee Hillary Clinton’s missing emails. “Russia, if you’re listening, I hope you’re able to find the 30,000 emails that are missing,” Trump proclaimed. He added, “I think you will probably be rewarded mightily by our press.”
Federal campaign finance law prohibits any person from soliciting campaign contributions, defined as anything of value to be given to influence an election, from a foreign national, including a foreign government .
In asking Russia to find Clinton’s emails, presidential candidate Trump violated this statutory prohibition on seeking help from a foreign country to influence an election. Trump in essence called on a foreign adversary to locate and release something that was of great value to him and his campaign.
The law provides that such a solicitation is illegal regardless of whether the person soliciting the help receives anything in return. The risks of foreign intrusion in our elections are so great that even asking for help from foreigners without consummation is a crime. But in this case, on or about the same day that Trump solicited help from Russia, Russia made its first attempt to break into servers that Hillary Clinton’s personal office used. That event is laid out in detail in an indictment of Russian hackers obtained by special counsel Robert Mueller.
Trump can hardly claim he could not have seen that coming. Suspected Russian election-related hacking was already much in evidence at the time. Nor can he plead ignorance of the law. Trump has given sworn affidavits and made other statements that he has deep understanding of campaign finance laws.
Trump was warned about foreign solicitation
Indeed, before his July 27, 2016, request of Russia, Trump had been put on notice that it was illegal for his presidential campaign to solicit support from foreign interests. On June 29 and July 22, 2016 , watchdog groups (including one led by one of the authors) filed complaints with the Federal Election Commission and the Justice Department, respectively, against Trump’s presidential campaign committee for illegally soliciting financial support from parliamentarians in countries around the world, including Iceland, Scotland, Australia and Great Britain. Multiple news organizations had reported that Trump’s campaign was violating the ban on foreign solicitations by emailing fundraising solicitations to foreign nationals. The Trump campaign did not respond to press requests for comments on the FEC complaint.
Then-candidate Trump, self-described as deeply familiar with campaign finance laws and on notice that his campaign committee was illegally soliciting foreign support, nonetheless proceeded to publicly request assistance from Russia to find information to hurt Clinton and help his campaign.
Some may say Trump’s invitation was merely campaign rhetoric or hyperbole, which should not be criminalized. But that is to ignore the plain language of the law and its purpose: to protect the United States from the influence of foreign countries in our elections. The statute says, “It shall be unlawful for … a person to solicit, accept or receive a contribution or donation … from a foreign national.”
In using the word “or,” the statute makes plain that the act of solicitation in and of itself is a violation. The danger of Trump’s words can be seen in the fact that Russia took them both seriously and literally.
Justice Department says Trump can't be indicted
If this were an isolated incident, that would be one thing. But the Cohen revelations expose a pattern of campaign finance law violations by Trump, complete with a tape of him discussing the cover-up: evidence he knew what he was doing was wrong. Then there are the many other allegations of illegal conduct, including substantial evidence of obstruction of justice . The president appears to operate with blatant disdain for the nation’s laws, and his alleged violation in soliciting campaign help from Russia is only one instance.
The president should not be immune from accountability for this alleged misconduct. Federal prosecutors should be free to charge him for any campaign finance offenses grounded in probable cause, including, if they see fit, the July 27 solicitation of Russia. Unfortunately, they are currently blocked from doing so by opinions from the Justice Department's Office of Legal Counsel that a sitting president may not be indicted. We join eminent experts in disagreeing with those opinions, and this latest possible offense should be one more nail in his coffin.
Trump campaign and business could be charged
Even though Justice is unlikely to change its mind on charging Trump, next best options are available. The Trump campaign is legally responsible under principles of vicarious liability for the statements of its head and so could be indicted. The Russia solicitation could be included in an indictment featuring other counts, such as charging the campaign and the Trump Organization for the separate alleged hush money violations described by Cohen.
No Justice Department policy prohibits prosecutors from naming the president as an unindicted co-conspirator in such an indictment. And with a five-year statute of limitations, he could still be prosecuted for these alleged knowing and willful 2016 offenses should he fail to seek or secure re-election in 2020.
Campaign finance laws are enacted to protect the American people. They do not exist for candidates to choose whether to comply with the laws or not as they see fit. No one is above the law — not an ordinary citizen and not the president of the United States. President Trump must be held accountable for his allegedly illegal activities — for his apparently knowing and willful violations of the nation’s campaign finance laws.
Fred Wertheimer is founder and president of Democracy 21 . Norman Eisen is chairman of Citizens for Responsibility and Ethics in Washington, a senior fellow at Brookings Institution and author of “ The Last Palace .” Follow them on Twitter: @FredWertheimer and @NormEisen .
You can read diverse opinions from our Board of Contributors and other writers on the Opinion front page , on Twitter @usatodayopinion and in our daily Opinion newsletter . To respond to a column, submit a comment to letters@usatoday.com.
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Trump illegally asked Russia to help him win in 2016.
We need to stop making simple things complicated. Trump's statement asking Russia to hack Hillary Clinton was one of the most disgraceful things ever to happen in a presidential race. Charge him.
Same response as usual. Prove it...Just because he made a comment campaigning, that does not prove it was a formal request or that the Russians ever followed up on it.
Yeah! Who are we to believe? Trumpsters or Trump's own words? Sheesh /s...
Do you still believe every word that comes out of trmp's mouth?
Yet you have no problem buying Trump's lies. Why is that?
This is a little early for an April Fools day joke...
Imagine thinking a joke at a campaign stop is illegal.
What was it Will Rogers once said? "When Congress makes a law it's a joke, and when they make a joke it's a law!" Same principle applies to the the progressive leftist liberal Democrats!
Now that's funny Doc...
Will also said this and it surely applies to the present occupant of the White House.
That he did, but the funny thing is, contrary to what others believe, I am not a Trump supporter and never voted for him. I just disliked his opposition more...
Same quote would have applied if Hillary had been elected.
This is what we get when there is no real third party in the US. If the 2 major party candidates are complete trash, then that is what the majority of voters will elect. Can't let the other side's trash heap candidate win after all.
But she wasn't elected so the current trash heap in the WH is fair game.
The Russians didn't think it was funny. The American law enforcement apparatus shouldn't think so either.
He broke the law, indict him. He's run roughshod over American institutions for far too long already. He's a piece of garbage human being.
That comment makes no sense Wally.
Trump has spent his whole life breaking the law. Only his money and fame have kept him out of prison.
Then try pulling your head out of the sand and opening your eyes. You'll never see anything if you're actively trying not to.
Like Putin cares anything about Trump. If he did he wouldn't have ordered his people to organize protests against Trump after he was elected.
How many years of investigating and they can't get anything to connect Trump with Russian collusion? Indictments have been brought by Mueller against people associated with Trumps campaign, administration, and business have nothing to do with Russian collusion. Mueller is a rogue cop in search of a crime. It would be nice if he spent as much time researching the collusion between the Obama Administration, Clinton Campaign, FBI, and DOJ trying to influence the election in regards to the fake Steele dossier. But given all of the Obama and Clinton psychophants he has on his investigation team they would just bury anything that was found.
After untold manhours and taxpayer dollars, it's all they got since they've found no smoking gun on the topic. Nothing at all.
It's sad but give em a break. The TDS involved here is beyond chronic. Its now a way of life.
In one way or another, you support a chronic, pathetic, liar and fool.
I would stay away from mirrors.
Nah, the person who fits that description best lost in 2016
Try again .....
The derangement is increasing...
Another deranged comment.
Yes, the joke was at every campaign stop because the joke was the candidate. The candidate made an appeal to an enemy foreign government for help to win the election and the enemy foreign government responded with leaked stolen emails, $1.25 million a month spent on social media propaganda targeting Americans based on stolen Facebook profiles and hacked voter databases in 22 States. So apparently Putin didn't think Donald was joking, but he seems to be the only one laughing now, laughing at the gullibility of so many Americans who bought the propaganda hook, line and sinker.
Montenegro joined the UN. The Trump pushed the president of Montenegro aside during the first European meeting.
There is much more to this story concerning the Trump and Putin. Was this the Trump's first act of treason as president?
Impeachment for the Trump? No. There are more serious issues that only the FBI, Military Joint Chiefs, NSA, CIA and DOJ are able to handle.
The author should be embarrassed to post this sophomoric example of false outrage and disingenuous bullshit.
So you can't actually refute any of the facts presented and have to resort to rhetorical denial. [Deleted]
Your inability to understand that a joke does not constitute high crimes is sad. As is your ad hominem attack.
Claim:
Evidence that does not support that claim:
The only reward considered was what might be offered by the press. Trump has no control over that.
If anything, this quote is good evidence that Trump had no intimate relationship with Russian leadership. If he did, he wouldn't have had to express his hopes vaguely at the whole country and in the middle of a political rally being covered by TV news. He could have just texted his buddies in Russia or hit up Putin on the old speed dial.
You are missing the fact that he asked in the first place. Why do that? Then 2 years later we have mountains of evidence that he did have close ties to Russia....just like almost literally every single person on his staff. Weird coincidence? I don't think so.
Remember.
He didn't ask in the first place. He asked in the second place. Trump only knew what everybody already knew: that Russian hackers had penetrated the DNC server and may have access to Clinton's emails. That story broke on June 14, 2016. The Washington Post broke the story and everyone was talking about it.
Russian government hackers penetrated DNC, stole opposition research on Trump
That's where Trump got the information.
It was over a week later when Trump - drawing from this widely known story - suggested that if the Russians had the emails Congress had been seeking and released them, it would be a big news story. It's perfectly natural that he would want those emails in the news because it might make his opponent look bad.
Trump says he hopes Russia can find 'missing' Clinton emails
This Russian hack, by the way, didn't look particularly good for Trump because it accessed the DNC strategy for defeating him. This got people talking about Trump's weaknesses and vulnerabilities - something Trump obviously didn't want to be in the news.
And, by the way, the CIA's assessment was that the Russians were seeking information on Trump that they might be able to use against him one day. The Russians weren't trying to help Trump, they were trying to gain an advantage over him (if elected) using the fruits of the DNC's spying efforts.