Article 4 – USC30121: Illegal Election campaign contributions and working with foreign powers to win election
Statement of Offense
Donald J. Trump, even before becoming President of the United States operating as a criminal enterprise and committed election law violations and corrupt actions in contempt of law and ethical standards. He has solicited, taken and profited from aid, "things of value", from foreign governments. He has sought and taken contributions to his campaigns from foreign powers since he was candidate Donald Trump.
- Sought and accepted assistance from the Russians in getting "dirt on Hillary Clinton"
- Has purged counter-intelligence, law enforcement and other personnel from the office to protect foreign powers.
Continual Violations
Since his election, in his capacity as President of the United States, unmindful of the high duties of his high office, of the dignity and proprieties thereof, and of the harmony, and respect necessary for stability within the society of the United States, Donald John Trump has continued to violate election law, international law and regulations meant to prevent espionage and interference in our country from foreign countries. He sought help from Russian Agents in his election to the Presidency and continues to seek such help with his reelection. Furthermore, he has worked with foreign agents and corrupt organizations to suborn and control members of the Republican Party.
Detail of Offenses
- Violating Spirit of USC 30121: Solicited illegal contributions of propaganda and interference from foreign nationals and governments alike. Defending and encouraging these purveyors of propaganda and their assaults on our system of elections.
Narrative
Donald Trump has deliberately and with intent and forethought sought help from foreign powers and sought a thing of value from the Russians in order to get "Opposition Research" from the Russians. As detailed in the Mueller Report;
“The Russian government interfered in the 2016 presidential election in sweeping and systematic fashion. Evidence of Russian government operations began to surface in mid-2016. In June, the Democratic National Committee and its cyber response team publicly announced that Russian hackers had compromised its computer network. Releases of hacked materials-hacks that public reporting soon attributed to the Russian government-began that same month. Additional releases followed in July through the organization WikiLeaks, with further releases in October and November.”
The Russians supported both Trump and Bernie Sanders against Hillary Clinton and their primary purpose was to prevent the election of the Democratic Candidate. However, as detailed in the Mueller Report Trump and his allies solicited such help. Sometimes publicly as when Trump said:
“I will tell you this, Russia: If you’re listening, I hope you’re able to find the 30,000 emails that are missing,” ... “I think you will probably be rewarded mightily by our press.” [Timeline]
And of course in the infamous June 2016 meeting preparations Donald Trump Junior commented in a message to the Russians:
“Seems we have some time and if it's what you say I love it especially later in the summer.”
Moreover, Donald J. Trump (Senior) recently affirmed that he is willing to accept foreign help in the 2020 election during an interview with ABC News on June 12, 2019 with :
“It’s not an interference, they have information - I think I’d take it,” Trump said. “If I thought there was something wrong, I’d go maybe to the FBI - if I thought there was something wrong.” [Reuters]
This behavior, by himself and his organization, violated USC-30121, part 2; of “Illegal Contributions” law, that declares that it is unlawful for
“a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a foreign national.”
An excuse could have been that he and his family weren't familiar with this section of law, but the Mueller report shows a pattern of similar behavior by a large section of his campaign officials during the 2015-16 election season.
However, the Mueller report also details how they solicited, used and coordinated propaganda from material that had been stolen (hacked) from DNC servers. The Computer Fraud and Abuse Act, at 18 U.S.C. § 1030, makes it a crime to
“intentionally access[] a computer without authorization . . . and thereby obtain[] . . . information from any protected computer.”lawfare
And there is no doubt that Russians working on behalf of the Russian Government violated USC 1030. As Lawrence Tribe explains 18 U.S.C. § 2 that anyone who:
“aids, abets, counsels, commands, induces or procures”lawfare
Basically the Trump Campaign, or certain of its proxies, made itself an accomplice to Russian Hacking.
Thus, while this material may not rise to felony charges or be prove-able beyond any doubt. The preponderance of Evidence indicates that Donald J. Trump intended to and did violate provisions of US Code 52 30121 and USC 1030, by taking stolen material as a thing of value from the Russians. Moreover, part One of the Mueller report demonstrates coordination, mutual interactions and cooperation between the Trump Campaign, Wikileaks and Russian spies intent on damaging the country and subverting its institutions. These are evidence of subversion and aiding and abetting subversion and thus deserve Condemnation, censure, Impeachment and removal from office.
52 U.S. Code § 30121 - Contributions and donations by foreign nationals
Prohibition
It shall be unlawful for —
- (1) a foreign national, directly or indirectly, to make—
- 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;
- a contribution or donation to a committee of a political party; or
- 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.
Citation
52 U.S. Code § 30121. Contributions and donations by foreign nationals
U.S. Code Notes
Authorities (CFR)
- (a) ProhibitionIt shall be unlawful for—
- (1) a foreign national, directly or indirectly, to make—
- 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;
- a contribution or donation to a committee of a political party; or
- 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.
- (b) “Foreign national” definedAs used in this section, the term “foreign national” means—
- (1) a foreign principal, as such term is defined by section 611(b) of title 22, except that the term “foreign national” shall not include any individual who is a citizen of the United States; or
- (2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8. (Pub. L. 92–225, title III, § 319, formerly § 324, as added Pub. L. 94–283, title I, § 112(2), May 11, 1976, 90 Stat. 493; renumbered § 319, Pub. L. 96–187, title I, § 105(5), Jan. 8, 1980, 93 Stat. 1354; amended Pub. L. 107–155, title III, §§ 303, 317, Mar. 27, 2002, 116 Stat. 96, 109.)
- https://www.law.cornell.edu/uscode/text/52/30121
This is draft
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