THE LEGAL QUESTION OF THE DAY...IS IT TREASON?
IS IT TREASON?
“This is treason,” Richard Painter, a former George W. Bush White House ethics lawyer, wrote Sunday night on Twitter. “He must have known that the only way Russia would get such information was by spying.”
Painter added in another message: “In the Bush administration we could have had him in custody for questioning by now.” (Politico).
Hillary Clinton's former running mate, Sen. Tim Kaine, said Donald Trump Jr. may have committed treason.
"We are now beyond obstruction of justice," the Virginia Democrat told CNN Tuesday. "This is moving into perjury, false statements and even potentially treason." (CNN).
CNN legal analyst Jeffrey Toobin cast doubt on the legal case for treason. "I think treason is ridiculous, and I don't think there's any possibility that this is treason," Toobin told CNN. (CNN)
Painter added in another message: “In the Bush administration we could have had him in custody for questioning by now.” (Politico).
Hillary Clinton's former running mate, Sen. Tim Kaine, said Donald Trump Jr. may have committed treason.
"We are now beyond obstruction of justice," the Virginia Democrat told CNN Tuesday. "This is moving into perjury, false statements and even potentially treason." (CNN).
CNN legal analyst Jeffrey Toobin cast doubt on the legal case for treason. "I think treason is ridiculous, and I don't think there's any possibility that this is treason," Toobin told CNN. (CNN)
THE DEFINITION OF TREASON
"By Section 110 of Article III. of the Constitution of the United States, it is declared that:
"Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open Court. The Congress shall have power to declare the punishment of treason." (NY TIMES).
"Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open Court. The Congress shall have power to declare the punishment of treason." (NY TIMES).
THE CASE AGAINST
According to Carlton F.W. Larson, a professor of law at the University of California at Davis, Russia is not a country that could trigger charges of treason.
He writes, "enemies are defined very precisely under American treason law. An enemy is a nation or an organization with which the United States is in a declared or open war . Nations with whom we are formally at peace, such as Russia, are not enemies. (Indeed, a treason prosecution naming Russia as an enemy would be tantamount to a declaration of war.) Russia is a strategic adversary whose interests are frequently at odds with those of the United States, but for purposes of treason law it is no different than Canada or France or even the American Red Cross." (Washington Post).
He writes, "enemies are defined very precisely under American treason law. An enemy is a nation or an organization with which the United States is in a declared or open war . Nations with whom we are formally at peace, such as Russia, are not enemies. (Indeed, a treason prosecution naming Russia as an enemy would be tantamount to a declaration of war.) Russia is a strategic adversary whose interests are frequently at odds with those of the United States, but for purposes of treason law it is no different than Canada or France or even the American Red Cross." (Washington Post).
A VIOLATION OF STATUTE?
"Donald Trump Jr. is in a legal danger zone following his acknowledgment that he met during the heat of the 2016 presidential campaign with a Russian lawyer with Kremlin ties who offered to deliver damaging information about Hillary Clinton.
Democratic and Republican lawyers and political operatives alike say explanations about the June 2016 meeting from President Donald Trump’s oldest son are way out of step with common campaign practices when dealing with offers for opposition research.
But perhaps far more important, his statements put him potentially in legal cross hairs for violating federal criminal statutes prohibiting solicitation or acceptance of anything of value from a foreign national, as well as a conspiracy to defraud the United States." (Politico).
Democratic and Republican lawyers and political operatives alike say explanations about the June 2016 meeting from President Donald Trump’s oldest son are way out of step with common campaign practices when dealing with offers for opposition research.
But perhaps far more important, his statements put him potentially in legal cross hairs for violating federal criminal statutes prohibiting solicitation or acceptance of anything of value from a foreign national, as well as a conspiracy to defraud the United States." (Politico).
"Jennifer Taub, a white-collar attorney and Vermont Law School professor, posted on Twitter a 20-part message Monday that cited a specific section of the U.S. criminal code that Trump Jr. may have crossed concerning prohibitions on conspiracy to defraud the U.S. “Potential indictments are coming into clear focus,” she wrote.
Former Bill Clinton White House counsel Jack Quinn said Trump Jr.’s meeting to discuss opposition research during a campaign “is not in and of itself illegal.” But Quinn nonetheless said it “will be a subject of exploration by Mr. Mueller.”
Norm Eisen, a former chief White House ethics attorney, called the Trump Jr. meeting with the Russian lawyer “very unusual” and cited several parts of federal criminal statute that may have been breached, including the Logan Act, a 1799 law barring private citizens from interfering with diplomatic relations between the U.S. and foreign governments. The law has been enforced only once — more than 200 years ago — but still remains a potent political cudgel.
“In decades of working on campaigns and as an election lawyer, I have never personally witnessed or authorized anything like this,” Eisen said. “In a normal campaign, this would be the most crimson of red flags and would not be undertaken without counsel and candidate consent, which raises the question of whether Trump himself had any indication of this.”" (Politico).
Former Bill Clinton White House counsel Jack Quinn said Trump Jr.’s meeting to discuss opposition research during a campaign “is not in and of itself illegal.” But Quinn nonetheless said it “will be a subject of exploration by Mr. Mueller.”
Norm Eisen, a former chief White House ethics attorney, called the Trump Jr. meeting with the Russian lawyer “very unusual” and cited several parts of federal criminal statute that may have been breached, including the Logan Act, a 1799 law barring private citizens from interfering with diplomatic relations between the U.S. and foreign governments. The law has been enforced only once — more than 200 years ago — but still remains a potent political cudgel.
“In decades of working on campaigns and as an election lawyer, I have never personally witnessed or authorized anything like this,” Eisen said. “In a normal campaign, this would be the most crimson of red flags and would not be undertaken without counsel and candidate consent, which raises the question of whether Trump himself had any indication of this.”" (Politico).
ERODED TRUST
"The deeper question is whether members of Trump’s administration can uphold the trust that has been placed in them as stewards of the government they have been chosen to lead. On this front, the criminal code shouldn’t be the only yardstick.
Even if Trump’s aides and family have managed to toe the line of the law, the news out of the Russia investigation so far leaves little reason to have faith in their judgment." (Asha Rangappa, The Washington Post).
Even if Trump’s aides and family have managed to toe the line of the law, the news out of the Russia investigation so far leaves little reason to have faith in their judgment." (Asha Rangappa, The Washington Post).