Trump Jr.'S Legal Troubles: What's The Verdict?

Donald Trump Jr., the eldest son of former US President Donald Trump, has been at the centre of several controversies, including his alleged involvement in unlawful activity during his father's 2016 and 2020 presidential campaigns. In 2016, Trump Jr. met with a Russian lawyer who claimed to have damaging information about the campaign of Hillary Clinton, Trump's opponent in the 2016 election. This incident raised questions about whether Trump Jr. had broken federal laws prohibiting foreign nationals from aiding US political campaigns. Legal experts are divided on whether Trump Jr.'s actions constituted a violation of campaign finance laws or conspiracy. In addition, Trump Jr. is a person of interest in a criminal investigation into the January 6, 2021, attack on the US Capitol, with prosecutors considering whether to charge him with inciting the violent attack.

Violation of US campaign statute

On June 9, 2016, Donald Trump Jr. met with Russian attorney Natalia Veselnitskaya, along with then-Trump campaign manager Paul Manafort and Jared Kushner. This meeting has raised questions about whether Donald Trump Jr. violated US campaign statute.

According to federal law, it is illegal for a foreign national or foreign government to give something of value to a candidate or campaign. It is also illegal for a foreign national and a foreign government to spend money in connection with a federal election. The law prohibits foreign nationals from providing "a contribution or donation of money or other thing of value" to American federal, state, and local election campaigns.

Many legal commentators say that Donald Trump Jr.'s correspondence with Rob Goldstone, who set up the meeting, and the subsequent meeting with Natalia Veselnitskaya, possibly constitutes a violation of US campaign statute. Specifically, Section 30121 of Title 52 of federal campaign law, which deals with "contributions and donations by foreign nationals".

However, whether or not damaging information about Hillary Clinton, the former Democratic presidential candidate, could be considered a "thing of value" is a legal grey area. According to Richard Briffault, a professor at Columbia Law School, "providing information covered by this [law] is not clear".

In response to Rob Goldstone's offer of Russian opposition research, Donald Trump Jr. wrote, "if it's what you say I love it, especially later in the summer." This statement raises the question of whether the Trump campaign coordinated with any Russians regarding Russia's expenditures to influence the election. Federal law regulates political expenditures made by those outside of a campaign in "cooperation, consultation, or concert" with a candidate or their agents as "a contribution to such candidate".

The email exchange between Donald Trump Jr. and Rob Goldstone confirms that the Trump campaign was actively trying to get help from Russians. Foreign nationals do not have First Amendment free-speech rights in US elections, so the law's prohibitions on such help are very strict.

Conspiracy to commit computer hacking

On 9 June 2016, Donald Trump Jr. met with Russian attorney Natalia Veselnitskaya, alongside then-Trump campaign manager Paul Manafort and Jared Kushner. This meeting took place after the Russian hacking of Democratic National Committee emails, but before the hack was made public.

In the meeting, Veselnitskaya was expected to provide damaging information about Trump's opponent, Hillary Clinton. However, she later claimed that she wanted to discuss U.S.-Russian adoption policies and had no political opposition research to offer.

Trump Jr.'s actions have raised questions about a federal law that prohibits foreign nationals from aiding U.S. political campaigns. Specifically, legal scholars discuss a potential violation of Section 30121 of Title 52 of federal campaign law, which deals with "contributions and donations by foreign nationals".

In addition to these potential legal issues, there is also speculation about Trump Jr.'s involvement in computer hacking. On 21 September 2016, he emailed senior campaign officials about a "weird Twitter DM from [W]ikileaks" and stated that he had "tried the password and it works". This email exchange relates to login information for an anti-Trump website, putintrump.org, and could be evidence of a violation of the Computer Fraud and Abuse Act, specifically 18 U.S.C. § 1030(a)(2)(c).

Legal experts are divided on whether Trump Jr.'s actions constitute a violation of campaign finance laws or computer hacking laws. While some argue that his correspondence and meeting with Veselnitskaya indicate a willingness to accept foreign help, others caution against applying federal election law too broadly. The investigation into Trump Jr.'s actions is ongoing, and it is yet to be determined whether his conduct will result in any criminal charges.

Incitement of insurrection

On January 6, 2021, supporters of then-president Donald Trump attacked the United States Capitol Building in Washington, D.C. The attack was an attempted self-coup d'état, two months after Trump's defeat in the 2020 presidential election. Encouraged by Trump, thousands of his supporters gathered in Washington, D.C., to support his false claims that the 2020 election had been "stolen by emboldened radical-left Democrats", and to demand that then-vice president Mike Pence and Congress reject Biden's victory.

Trump was impeached for the second time on January 16, 2021, for "incitement of insurrection". The "high crime" of incitement of insurrection is defined in House Resolution 24 and is supported by the 14th Amendment, which prohibits any elected official who, after swearing an oath to support the Constitution of the United States, goes on to engage in "insurrection or rebellion" from holding any further elected office. The 14th Amendment ban is permanent and can only be removed by a two-thirds vote of both the House and Senate, or by amending the Constitution itself.

Evidence for Trump's incitement of insurrection includes his unsubstantiated claims that he won the election, his attempts to subvert the election results in Georgia, and his encouragement of the crowd to violence. In his speech at the "Save America" rally, Trump repeated false claims of election irregularities and said, "If you don't fight like hell, you're not going to have a country anymore". As Congress began the electoral vote count, thousands of attendees, some armed, walked to the Capitol, and hundreds breached police perimeters.

Trump's eldest son, Donald Trump Jr., also gave a speech at the "Save America Rally", in which he attacked Republican congressmen and senators who were not supporting the effort to challenge the Electoral College vote, and promised to campaign against them in future primary elections. He said:

> "If you're gonna be the zero and not the hero, we're coming for you and we're going to have a good time doing it!"

Trump's son, Eric, also made a direct political threat to any Republican member of Congress who dared to vote in favor of Biden's electoral college victory.

The House of Representatives impeached Trump for incitement of insurrection, making him the only U.S. president to be impeached twice. In February, after Trump had left office, the Senate voted 57–43 in favor of conviction, but fell short of the required two-thirds, resulting in his acquittal.

Perjury

In 2016, Donald Trump Jr. met with a Russian lawyer, Natalia Veselnitskaya, after being told she had damaging information about his father's presidential rival, Hillary Clinton. Trump Jr. was joined at this meeting by then-Trump campaign manager Paul Manafort and Jared Kushner.

While Trump Jr. insisted that Veselnitskaya provided nothing of value, legal scholars have argued that he may have committed a serious federal offence. They suggest that the meeting and his correspondence with Rob Goldstone, who set up the meeting, may constitute a violation of US campaign law. Specifically, Section 30121 of Title 52 of federal campaign law, which deals with "contributions and donations by foreign nationals".

In addition to the above, if Trump Jr. made any misleading or false statements to federal investigators about his contact with Russian representatives, he could face felony criminal charges, including perjury.

In 2022, United States District Judge David O. Carter ordered that 33 records subpoenaed by the January 6th Select Committee be produced, despite claims of attorney-client privilege. Judge Carter concluded that four of those records indicated that the primary goal of Trump's attorneys in filing certain lawsuits challenging the 2020 election results was "not to obtain legal relief, but to disrupt or delay the January 6 congressional proceedings".

An additional four records were ruled to be subject to the crime-fraud exception because they "demonstrate an effort by President Trump and his attorneys to press false claims in federal court for the purpose of delaying the January 6 vote". These records showed that Trump personally signed a verification swearing under oath that figures incorporated in the federal court complaint were true and correct to the best of his knowledge when, in fact, he knew them to be false.

An analysis of Trump's verification, the complaint, and surrounding facts and circumstances suggests that all of the elements of the crime of perjury are met. Trump's statement that the facts contained in his complaint "are believed to be true and correct where derived from the knowledge of others" was false, and there is evidence that he knew the Georgia voter fraud allegations to be false.

Trump made a statement under oath and in a court proceeding. His verification states specifically that his representations are "on oath", and his verification was attached to a complaint that, by virtue of its filing, initiated a federal lawsuit.

There is also evidence that Trump made the false statement knowingly or willfully. An email from his attorney, John Eastman, stated that Trump "has since been made aware that some of the allegations (and evidence proffered by the experts) has been inaccurate". Despite this, Trump signed a verification swearing that the allegations were true.

Finally, there is little doubt that Trump's false statement was material. The Federal Rules of Civil Procedure require that requests for emergency relief be accompanied by a sworn affidavit or a verified complaint. Trump's knowingly false verification was capable of influencing the Georgia federal court to rely on false allegations to grant him emergency relief, thus constituting a material misrepresentation.

In conclusion, while the ultimate determination of whether Trump Jr. committed perjury rests with the relevant legal authorities, there is substantial evidence and legal analysis to suggest that he may have done so.

Violation of the Logan Act

The Logan Act is a United States federal law that criminalizes the negotiation of a dispute between the United States and a foreign government by an unauthorized American citizen. The Act was passed following George Logan's unauthorized negotiations with France in 1798 and was signed into law by President John Adams in 1799.

In 2024, Donald Trump Jr., the former president's eldest son, travelled to Budapest to meet with Hungarian Prime Minister Viktor Orbán, raising concerns regarding the Logan Act. This meeting was described by Orbán as a "peace mission" amid Russia's invasion of Ukraine.

Some critics have asked whether this meeting between Trump Jr. and Orbán could constitute a violation of the Logan Act. Attorney Ethan Bearman commented that:

> "I'm old enough to remember when then President Trump said John Kerry should be prosecuted for violating the Logan Act for speaking with Iran. Trump is not President, he has no immunity."

However, it is highly unlikely that the Logan Act will be used against Trump Jr. or his father, former President Donald Trump. Former Hillsborough County State Attorney Andrew Warren suggested that:

> "On foreign policy, it's critical that America speaks with one voice. The Logan Act prohibits individuals taking diplomacy into their own hands or undermining the government's official policy. Only two people have ever been charged for Logan Act violations, and Trump won't be the third, but Trump using his camaraderie with U.S. adversaries like Orbán to weaken our foreign policy is possibly illegal and certainly un-American."

In addition, former federal prosecutor Michael McAuliffe stated that:

> "While Donald Trump Jr.'s action in meeting with Orbán and addressing political and economic issues at several conferences, may technically implicate the Logan Act, actual enforcement is highly unlikely."

Ultimately, the question of whether Donald Trump Jr. broke any laws, including the Logan Act, remains a subject of debate among legal scholars and experts.

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