Did Donald Trump Jr. Illegally Collude With Foreign Entities?

In 2016, Donald Trump Jr. met with a Russian lawyer, Natalia Veselnitskaya, who was presented to him as a Russian government attorney with damaging information about his father's presidential election rival, Hillary Clinton. This meeting, along with his email exchange with Rob Goldstone, has raised questions about whether he broke the law. Legal experts say a treason charge is unlikely, but Trump Jr. could face prosecution for conspiracy and campaign violations.

Did Don Jr commit treason?

Did Don Jr. Commit Treason?

Donald Trump Jr.'s release of his Russia-related email exchange sparked a debate about whether he broke the law or committed treason. In the emails, Trump Jr. seemed to confirm his enthusiasm about an offer of foreign help to attack his father's political opponent, Democrat Hillary Clinton. This led to allegations of collusion between the Trump campaign and the Russian government.

However, legal experts argue that Trump Jr. did not commit treason, as defined by Article 3 of the United States Constitution. Treason is limited to two specific offenses: levying war against the United States or adhering to their enemies, giving them aid and comfort. The United States is not in a state of war with Russia, and the allegations do not suggest conduct analogous to levying war.

While Trump Jr.'s actions may not constitute treason, they do raise serious questions under other provisions of federal law. It is illegal for US political campaigns to accept anything of value from foreigners, and coordinating with a foreign government to interfere in American elections is deeply un-American and likely illegal under various federal statutes.

The White House has denied that Donald Trump Jr. committed treason, calling the accusation "ridiculous". Trump Jr.'s attorney, Alan Futerfas, also stated that "Don Jr. did nothing wrong". However, Robert Bauer, a Democratic campaign finance lawyer, disagrees, stating that the law clearly prohibits campaigns from courting support from foreign nationals.

Did he violate campaign finance laws?

Donald Trump Jr. met with Russian lawyer Natalia Veselnitskaya on June 9, 2016, after being told she had damaging information about his father's presidential rival, Hillary Clinton. Trump Jr. was enthusiastic about the offer of help and responded by saying, "If it's what you say [then] I love it, especially later in the summer." He then agreed to the meeting and included his brother-in-law Jared Kushner and the former campaign chairman, Paul Manafort.

Legal scholars and campaign finance lawyers argue that Trump Jr. may have violated campaign finance laws by accepting or receiving a "thing of value" from a foreign national to help a candidate. According to federal law, foreign nationals cannot "directly or indirectly" give a "thing of value" to American political campaigns, and no one is allowed to "solicit, accept, or receive" any such thing from a foreign national.

However, others argue that there are very serious free speech" concerns and "troubling implications" in interpreting information as a "contribution." Susan Klein, a law professor at the University of Texas, believes Trump Jr. could not be prosecuted just for talking, "except perhaps if they paid for it or exchanged it for something."

The question of whether damaging information about Clinton could be considered a "thing of value" is a legal grey area. Richard Briffault, a professor at Columbia Law School, states that it is unclear if "providing information" is covered by the law, and there may not be any specific rules or past cases to support this interpretation.

Ultimately, the determination of whether Trump Jr. violated campaign finance laws may depend on the interpretation of "thing of value" and the extent to which his actions are covered by existing laws and past legal precedents.

Did he conspire with a foreign national?

On June 9, 2016, Donald Trump Jr. met with Russian attorney Natalia Veselnitskaya, along with his brother-in-law Jared Kushner and former campaign chairman Paul Manafort. This meeting was arranged by Rob Goldstone, a longtime associate, who informed Trump Jr. that Veselnitskaya had information that would "incriminate" Clinton as part of Russia and its government's support for Mr. Trump. In their email exchange, Trump Jr. responded, "If it's what you say I love it, especially later in the summer."

Legal experts have differing opinions on whether this constitutes a violation of US campaign finance law. According to federal law, foreign nationals cannot "directly or indirectly" give a "thing of value" to American political campaigns, and no one is allowed to "solicit, accept, or receive" anything of value from a foreign national to help a candidate.

The question arises as to whether the information offered by Veselnitskaya can be considered a "thing of value." Brandon Garrett, a law professor at the University of Virginia, believes that the broad scope of the statute could potentially include information. However, Daniel Tokaji, an electoral law expert at Ohio State University, expressed concerns about interpreting information as a "contribution," stating that it could hinder a campaign's ability to gather information about a rival campaign.

Richard Briffault, a professor at Columbia Law School, noted that it is unclear if providing information falls under the statute, and there is no specific rule or past case to support this interpretation. Nathaniel Persily, an election law expert and professor at Stanford Law School, affirmed that the interaction could have constituted a violation of US campaign statute regarding "contributions and donations by foreign nationals."

While there are differing legal interpretations, the fact that Trump Jr. actively sought and welcomed the offer of information from a foreign national, as evidenced by his email exchange, suggests an intention to conspire and work together in secret, even if no concrete information was ultimately exchanged.

Did he violate the Computer Fraud and Abuse Act?

On April 29, 2018, the Minority report of the House Permanent Select Committee on Intelligence (HPSCI) disclosed an email sent by Donald J. Trump Jr. on September 21, 2016, to senior campaign officials, including Kellyanne Conway, Steve Bannon, and Jared Kushner. In the email, Trump Jr. disclosed that he had received a message from WikiLeaks with a guessed password for the anti-Trump website putintrump.org. He wrote, "I tried the password and it works."

Legal experts have weighed in on whether Trump Jr.'s actions violated the Computer Fraud and Abuse Act (CFAA), specifically 18 U.S.C. § 1030(a)(2)(c), which prohibits:

> (2) intentionally access [ing] a computer without authorization or exceed [ing] authorized access, and thereby obtain [ing]...information from any protected computer...

Intentionally accessing a computer: Trump Jr.'s email admission that he "tried the password and it works" satisfies the first element of intentional access.

Without authorization or exceeding authorized access: WikiLeaks informed Trump Jr. that the password was guessed, indicating that it was not a password they were authorized to use. Using a guessed password constitutes access without authorization under the CFAA.

Obtaining information: Trump Jr. obtained information by viewing the data beyond the login prompt. He also described the information he observed and sent screenshots, satisfying this element.

Protected computer: The server hosting putintrump.org is considered a "protected computer" under the CFAA, as it was used in interstate or foreign commerce or communication.

While Trump Jr.'s actions appear to meet the criteria for a misdemeanor violation of the CFAA, it is worth noting that the statute also includes provisions for felony-level unauthorized access. Felony liability may apply if the offense was committed for commercial advantage, private financial gain, or if the value of the information obtained exceeds $5,000. In the context of the 2016 presidential election, it is reasonable to infer that Trump Jr.'s actions were intended to influence the election outcome, which could have led to financial gain for his father's campaign.

However, it is important to note that the decision to prosecute Trump Jr. for computer hacking at either the misdemeanor or felony level is unlikely. Prosecutors exercise discretion in deciding which crimes to pursue, and in this case, the context and intent may be considered mitigating factors.

Did he commit perjury?

There have been several allegations and speculations about Donald Trump Jr. committing perjury. In 2017, Trump Jr. testified before the Senate Judiciary Committee that his father, then-president Donald Trump, had no knowledge of the Trump Tower meeting with Russian officials in June 2016. However, there were a series of three calls made three days before the meeting that raised suspicions. Trump Jr. claimed that he could not recall any of these phone calls or the identity of the person with the blocked number, which was known to be used by Donald Trump.

Representative Adam Schiff of California, who was expected to head the House Intelligence Committee, suggested that investigating these phone records could be crucial in determining whether Trump Jr. committed perjury. He stated that Republicans refused to examine the phone records, possibly out of fear of what they might uncover.

Additionally, Representative Jackie Speier of California, a Democrat on the House Intelligence Committee, reiterated her belief that Trump Jr. lied to the committee about his Russian contacts. She implied that she believed he had committed perjury, expressing shock at the idea of someone swearing under oath and then proceeding to lie. Speier also mentioned that she thought Trump Jr. lied to the committee on at least two occasions, possibly related to documents they were unable to subpoena due to Republicans.

In November 2023, during the New York civil fraud trial against Trump Jr., his father, and their company, Trump Jr. testified under oath that he had no role in preparing his father's financial statements. He claimed that he relied on accountants and was not involved in the preparation of the financial statements, even though he signed them as a trustee of his father's revocable trust. However, Trump Jr. also made a joke about perjury during his testimony, saying he had a feeling the attorney general would sue him for perjury if he said it was nice to be there.

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