Obama's Clinton Campaign: Legality In Question

is obama breaking any laws by campaigning for clinton

Barack Obama campaigned for Hillary Clinton in the 2016 presidential election, but is the former president breaking any laws by doing so? Obama's involvement in Clinton's campaign is unusual in recent history, but there is no evidence to suggest that he broke any laws. However, if Obama had violated campaign finance laws, he could face civil or criminal fines, and in some cases, a criminal penalty such as a probation sentence or a period of incarceration.

Characteristics Values
Date 13th September 2016
Location Outside an art museum in Philadelphia, Pennsylvania
Participants Barack Obama, Hillary Clinton
Nature of the campaign Obama campaigned for Clinton and Senate candidates
Reason for the campaign Obama believed electing Clinton was extremely important and that electing Trump would hurt the country
Obama's opinion of Clinton Obama called Clinton the most qualified person ever to run for President
Obama's opinion of Trump Obama called Trump unprepared, insecure, a poor role model, a shill for Vladimir Putin, and a threat to national security
Obama's actions Obama participated in fundraisers and urged support for down-ballot candidates

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Did Obama break any laws by campaigning for Clinton?

In 2016, Barack Obama campaigned for Hillary Clinton, who was running for President against Donald Trump. Obama's involvement was unusual in recent history, as sitting presidents typically do not actively campaign for their party's nominees.

While Obama's campaigning for Clinton was unusual, it was not illegal. There are no laws prohibiting a sitting president from campaigning for a presidential candidate. However, there are laws governing campaign finance that apply to all candidates and their campaigns, including the sitting president if they are running for re-election. These laws include requirements for disclosing certain financial information and limitations on the amount and source of contributions. Violating these laws can result in civil or criminal penalties, but they do not disqualify a candidate from holding office.

In the case of Clinton's campaign, there were allegations that she broke the law regarding the handling of classified information by using a private email account to discuss classified drone strikes and forward classified emails. These allegations were never proven, and Clinton faced no legal consequences.

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What are the consequences of violating campaign finance laws?

Campaign finance laws exist to provide transparency and accountability to candidates and groups wishing to influence US elections. While violations and their resulting penalties vary among the many jurisdictions that regulate campaign finance activity, there are some common consequences for violating campaign finance laws.

Civil and Criminal Penalties

Political committees and corporations contributing to political candidates can be held liable for improper activity and face civil and criminal penalties. Civil penalties can include fines, restitution, and being barred from engaging in any campaign activity. Criminal penalties can include prison sentences ranging from one to five years, as well as steep fines.

Specific Violations and Their Consequences

  • Failing to appoint a treasurer: This can result in fines or criminal charges if it is found to be intentional.
  • Failing to register as a political committee: Committees may face fines for each contribution made over the threshold while not registered.
  • Failing to disclose receipts or exceeding contribution limits: These violations can lead to fines and criminal charges if done knowingly and willfully.
  • Accepting contributions from prohibited donors: In addition to fines, this violation can result in criminal charges, especially if it involves foreign nationals.
  • Using campaign funds for personal benefit: This is prohibited and can result in fines and criminal charges if done knowingly.
  • Failing to maintain records: This can lead to fines and make it difficult to defend against other allegations.

Prosecution and Enforcement

It's important to note that campaign finance violations can't be prosecuted by just anyone. A violation of federal campaign finance laws must be prosecuted by a federal government lawyer authorized by the Federal Election Commission (FEC). The FEC has an even partisan balance of members and often deadlocks on motions to prosecute, especially in cases involving the two major political parties.

Impeachment

While a campaign finance violation is not grounds for removing an elected official from office, Congress could decide that it constitutes a "high crime or misdemeanor" for which a sitting President could be impeached. This would require a majority vote in the House of Representatives and a two-thirds majority in the Senate.

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Did Clinton break any laws by using a private email account?

Hillary Clinton's use of a private email server for official communications during her tenure as United States Secretary of State drew controversy and accusations that she had broken federal laws.

While an FBI investigation found that Clinton's server did not contain any information or emails that were clearly marked as classified, federal agencies did retrospectively determine that 100 emails contained information that should have been deemed classified at the time they were sent. Clinton's use of a private email system and server was deemed to have violated 18 U.S. Code § 1924, regarding the unauthorized removal and retention of classified documents or materials, as well as State Department protocols and procedures, and regulations governing record-keeping.

However, despite Clinton's claims that her use of a private email server complied with federal laws and State Department regulations, the FBI investigation concluded that she had been "extremely careless" in handling sensitive information. Ultimately, the FBI recommended that no charges be filed, as it was determined that Clinton did not act with criminal intent, which is the historical standard for pursuing prosecution.

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What was Obama's relationship with Clinton?

Barack Obama and Hillary Clinton's relationship was described as special and pragmatic by the BBC. The two were former rivals during the 2008 presidential campaign, during which there was bitterness and distrust between them. However, this rivalry evolved into a partnership, with Clinton becoming Obama's secretary of state from 2009 to 2013.

Obama actively campaigned for Clinton during her 2016 presidential campaign, making appearances in battleground states and speaking at rallies and campaign events. Obama considered the 2016 election to be extremely high-stakes, believing that electing Republican nominee Donald Trump would hurt the country. He also wanted to protect his legacy, as the next president would solidify his legacy on several issues.

Despite their differences, Obama and Clinton shared mutual respect and affection. Obama described Clinton as the most qualified person ever to run for president and said that he really wanted her to win. Clinton, in turn, said that Obama was a statesman leading the country and the world.

Their relationship was not without its challenges, however. Clinton's aides worried that Obama's entourage was keeping her on the sidelines during her time as secretary of state, while the White House had concerns that Clinton would put her own agenda first. Nevertheless, they managed to forge a working alliance, and by the time Clinton left the State Department, Obama described her as "one of the finest secretaries of state we've had."

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What was Obama's motivation for campaigning for Clinton?

In 2016, Barack Obama campaigned for Hillary Clinton to become the next US president. Obama's motivations for doing so were twofold. Firstly, he wanted to protect his legacy. Obama believed that the next president would solidify his legacy on a number of issues, and that electing Republican nominee Donald Trump would hurt the country and undo his achievements. Secondly, Obama genuinely wanted Clinton to win. He called her the most qualified person ever to run for president and believed that she would be prepared to take over for him as soon as his term ended.

Obama's approval ratings were high, and he used his popularity to benefit Democrats across the board. He participated in fundraisers and urged support for down-ballot candidates. Obama's involvement in the 2016 election was unusual in recent history. While he had previously said that the 2012 election would be his "last political campaign no matter what", he decided to hit the campaign trail for Clinton, making appearances in battleground states and speaking at campaign events.

Obama and Clinton had a bitter history, having fought a tough battle for the Democratic nomination in 2008. However, they respected each other as colleagues and peers. Obama believed that Clinton would be able to continue his legacy and protect the country, while Trump's campaign was driven by division and fear. Obama saw the 2016 election as extremely high stakes and wanted to ensure that Clinton, and not Trump, would be the next president of the United States.

Frequently asked questions

No, Obama is not breaking any laws by campaigning for Clinton. In fact, he has hit the campaign trail several times for Clinton and is expected to make more appearances for her.

Obama considers this election extremely high stakes. He believes electing the Republican nominee would hurt the country. He also believes Clinton is the most qualified person ever to run for President and that she would be prepared to take over for him.

Obama's 2008 campaign was found to have violated some finance laws and was fined for it. However, this did not affect his election in 2012.

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