In order to understand the answer, it?s necessary to break down the term ?collusion? a bit. First, we can dispense with collusion as a strict legal term. Jarrett is actually correct that, from a statutory standpoint, collusion is a legal term of art only in the realm of antitrust. No one is accusing Trump and Putin of price fixing.
In the general public conversation, however, the term collusion is being used in a broader colloquial sense to mean forms of secret cooperation between the Trump camp and Russia. Collusion has become the favored term, thus far, more because of this colloquial appropriateness than because it gives any guidance about what is and is not lawful conduct. Especially as more concrete allegations emerge, using the term collusion denotes some general form of secret, or otherwise improper, cooperation. When used in that sense, the term conveys a mood of impropriety and illegality but might cover both legal and illegal conduct.
It may seem absurd that it could be possible to collaborate with a foreign intelligence service in its efforts to interfere with a U.S. election by coaxing the release of stolen emails without violating any law. But it?s not that absurd. There are plenty of activities that might be highly inappropriate and politically consequential but do not violate any criminal law. After all, if the actor seeking the information were the New York Times, not a shadowy group of Republican political operatives, we?d call it journalism.
At the same time, it?s also easy to imagine activities that fall within the colloquial meaning of collusion that would actually be criminal. So it?s worth considering whether there?s a more precise legal taxonomy, other than ?collusion,? to discuss the situation at hand.
Former FBI Director James Comey, in his congressional testimony announcing the investigation, used a different word: ?coordination.? This word is more precise in some respects, but it also does not necessarily convey illegality. There is, after all, no crime of ?coordination? either. Coordination, of course, does not even need to be secret. And neither, most particularly, does ?cooperation.? Indeed, the public evidence of at least tacit cooperation between the Trump campaign and the Russians is overwhelming and requires no investigation to prove...
So if collusion is not, in and of itself, a crime, and cooperation and even secret coordination are not either ? at least not without more evidence ? what are the possible crimes here?
One possibility, of course, is that the Fox pundits are right and there were no crimes ? that the underlying investigation really is predominantly a counterintelligence matter and nothing more. The possibility that Americans cooperated with Russian intelligence in a covert action against their own country and ended up at the highest echelons of government is, to be sure, a matter of grave counterintelligence and national security concern even if their ?collusion? or ?coordination? or ?cooperation? actually violated no criminal law. So the investigation could primarily be noncriminal in character.
But there are also areas of criminal law that any responsible prosecutor would want to examine as evidence of collusion or coordination begins to emerge ? and examine with specific and granular reference to facts that are not yet known to the public or maybe even to the investigators themselves.
For example, the law of conspiracy covers agreements to engage in future crimes; an agreement to commit a crime, combined with some overt step toward committing it, is itself a crime. Then there is solicitation, which is the attempt to induce another to commit a crime. And there is clearly underlying criminal activity in the instances of Trump-Russia cooperation we already know about: Violations of the Computer Fraud and Abuse Act certainly took place when the DNC computers were hacked, and laws were certainly broken when large volumes of emails were stolen, too. Helping thieves dispose of stolen property is generally criminal, as is ? generally speaking ? knowing receipt of stolen property, though journalism again offers something of an exception to this rule when the property in question is forms of information.
There are other areas of law, too. Normally, we evaluate efforts to coordinate with or assist foreign intelligence services under the rubric of espionage ? though that typically involves giving information to the foreign power, not helping the foreign power distribute it to others. While there?s no indication that happened here, investigators are always interested in both information flows and money flows when foreign intelligence services have relationships with Americans in positions of power. Moreover, many such relationships with foreign governments, to avoid criminal liability, require disclosures under the Foreign Agents Registration Act, which the Trump campaign team seems not to have contemporaneously filed. And, of course, anyone who tries to hide collusion or coordination by lying about it to investigators commits a crime in doing so.
At the moment, there simply aren?t enough facts to make any kind of judgment regarding anyone?s criminal conduct. So for the time being, we suspect that special counsel Robert Mueller?s team is more interested in assembling facts than in reaching any conclusions regarding what sort of collusion or coordination would be actionable under what sort of law.
The key point, for present purposes, is that collusion, in and of itself and to the extent it took place, is a political problem, not a legal one. The president will not have to answer for collusion as such in any court. His legal problem, rather, will arise ? if it ever arises ? only once we know the manner of any collusion and how that activity maps onto the criminal code. Either way, Trump may have to answer to the country if the evidence shows he was willing to do business with an adversary foreign intelligence service to release dirt on a domestic political opponent. Disloyalty of that sort may well be a crime in the eyes of the president?s fellow citizens, if not under the letter of the law.
"Violations of the Computer Fraud and Abuse Act certainly took place when the DNC computers were hacked, and laws were certainly broken when large volumes of emails were stolen, too."
Former FBI Assistant Director James Kallstrom took the gloves off on Thursday, accusing the FBI of taking part in an organized conspiracy to topple President Trump's presidency.
Kallstrom is a respected FBI alumnus. When he speaks many other FBI officials and former officials listen. As do lawmakers. He shapes opinions.
Kallstrom called the leadership of the FBI a disgrace. He alluded Special Counsel Robert Mueller was a would-be thug fabricating concocted evidence. The FBI was part of a fifth column running a clear conspiracy to topple Trump, he said.
Kallstrom's comments should raise a number of eyebrows in Congress too.
Even FOX News host Tucker Carlson was taken aback by Kallstrom's hammering of his former employer.
Wrong. Collusion is not a crime.
It seems to have run its course.
What are the crimes? Any proof?"Collusion" is a political term, it doesn't have any legal significance. But it could potentially encompass many different crimes, depending on what Trump actually did and what he knew when he did it.
Considering it has found nothing of substance and Trump isn't even considered a subject, I hope it does not.The Mueller investigation is still in its infancy and it will continue for years.
I never really liked Trump and I looked into him quite thoroughly during the campaign. The worst I could find was the debacle around Trump U.And if you think there's a significant likelihood that Trump hasn't committed any crimes, then you're either letting your political views cloud your thinking or you don't actually know much about him. I say this without any doubt or hesitation whatsoever: I would be astounded if there's nothing there to find.
and that's CBS..A majority of Americans say special counsel Robert Mueller?s investigation into Russian meddling in the 2016 election is politically motivated, according to a new CBS News poll.
The poll, which comes nearly a year after Mueller?s investigation began, found that 53 percent of people think there are political motives to the investigation, while 44 percent think the investigation is justified.
Rep. Louie Gohmert (R-TX) recently published a 48-page report called ?Robert Mueller Unmasked? to expose the Special Counsel?s decades of corruption.
Rep. Gohmert lays out the case for Mueller?s firing by exposing his corrupt past of targeting innocent people.
What are the crimes? Any proof?
Considering it has found nothing of substance and Trump isn't even considered a subject
And he also for sure knew that his opponents would meticulously dig into his affairs and find out if that was the case. So then why would he run for president unless he was confident he was clean?
The NSA monitors and records all communication so if he had committed any serious offences they'd have evidence and would have removed him by now.
Could you explain to me the different reasons why an investigation would begin in the first place?That's why there's an investigation. You see, the point of conducting an investigation is to gather evidence in a legally permissible way, or to determine there's no evidence there to find.
Yes he did. He doesn't play to lose. His supporters knew he could win if it was a level playing field, but many suspected the Clinton campaign would rig the general election as they were proven to have rigged the primaries. Trump no doubt has insiders helping him and he was able to win even in the face of legitimate claims of electoral fraud which DHS is currently investigating.Think back to 2016. He didn't expect to win at the time, and nobody else really expected it either. Even most of his supporters basically assumed Hillary was the "anointed one," so to speak.
My point is that they know everything already. And if they haven't been able to gather enough evidence by now then I doubt their competence.That evidence wouldn't be admissible in court because the 4th Amendment requires evidence to be gathered pursuant to a warrant issued by a judge and supported by a particularized showing of probable cause with respect to the place being searched and the persons or things which are intended to be seized.
The link I just posted disputes this claim.he has a reputation as a scrupulous and ethical prosecutor
What are the crimes? Any proof?
...
If Trump is guilty of serious crimes, charge him. Just make it even across the board. Career politicians are not exempt from following the law either.
I remember when all the trump supporters were saying trump wasn't gonna win in the first place because it was all rigged. It's all a bunch of bullshit. They just retroactively change what they believe if it turns out wrong and the rest is unfalsifiable from the start.
I've shown a few times why everything you said is nonsense.This is about as high-profile as it gets, and about extremely powerful people and basically our main foreign power enemy for the last 6+ decades. You really expect to wrap up this quickly? Your expectations are unrealistic.
You're projecting and you make a lot of assumptions. JessFR I explained what many people think happened during the election. It's very strange that you would treat the topic of electoral fraud like some crazy conspiracy theory, when we have evidence that the Clinton campaign rigged the primaries. That was an outlandish conspiracy theory believed by dummies too, until Wikileaks proved that it actually happened.I think it's because when people with the ability to self-reflect and who have good intentions like our friend Grimez find out they've been so thoroughly hoodwinked and manipulated, it's quite difficult to handle. And for some others, it's a sense of tribalism so deeply ingrained it's impossible to shake. The same as what happens when there is a very powerful sense of nationalism. You choose to see your country/group as right and good, no matter what, even when they're committing atrocities, because it's the only acceptable option to you, and to your family and friends, and it's the only way you've ever thought about it.
What the investigation is about is not Trump, Trump is just part of it. It's about whether or not there was an attempt by Russia to tamper with the election (which they clearly did at this point), and whether there was cooperation or coordination with them from the campaign. Shouldn't that be investigated? What if when it's done, he surprises everyone and arrests Hillary for Russian interference/etc? Wouldn't you be glad they did the investigation then?
It's just awfully uncertain which people are doing that, when the only information you have access to is secondhand (or thirdhand, or fourthhand...), and we live in an age of deliberate information confusion. However, some people have access to a lot more information than we do, such as the head of the FBI, which is why we should let them investigate this situation.