The statute we’ve been discussing as the basis for prosecuting Don Jr (based only on what we already know) is 52 USC 30121, soliciting a contribution or “thing of value” from a foreign national. In addition to the problem of applying “a thing of value” to general information and meetings (a 1st Amendment problem and a line-drawing problem, as I’ve written before), it’s also a problem that the conduct might not even be criminal under the statute.
I’ve been trying to find any mention that there is a criminal penalty for 52 US 30121 as applied to Don Jr’s attempt. This section does not mention criminal liability (jail or criminal fine), nor does the other section in the statute that covers enforcement across the sections, 52 USC 30109 (it doesn’t mention 30121 at all). The only possible criminal penalty would be in 30109(d)(1)(a), but only if the value of the contribution or “thing” exceeds a threshold of $2,000 or $25,000. It’s hard to put any value on the completely ambiguous prospect of some information, and of course, at this stage, the parties claim the value was zero (I’m skeptical, but we are only working with what we know now). Some have cited government webpages or cases with criminal prosecutions under 30121, but those cases apply only when there was a contribution over those dollar value thresholds, unlike this case.
The bottom line is that it’s not clear that the statute offers any criminal liability for Don Jr, even if the text of the statute (“thing of value”) could apply to the Russia lawyer’s offer of information.