I’m re-posting my discussion of these issues here. We cannot criminalize conversations with foreign nationals about politics. That shoe doesn’t fit well on the other foot.
But we don’t know if Don Jr. made any deals in this meeting, accepted more than just information, or lied to investigators about any of these details. I’d be most concerned that Don Jr. lied to Congress in his long testimony, but it’s important to be clear and fair about what criminal law covers and what it doesn’t.
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Author: Jed Shugerman
Legal historian at Fordham Law School, teaching Torts, Administrative Law, and Constitutional History. JD/PhD in History, Yale. Red Sox and Celtics fan, youth soccer coach. Author of "The People's Courts: Pursuing Judicial Independence in America" (2012) on the rise of judicial elections in America. I filed an amicus brief in the Emoluments litigation against Trump along with a great team of historians. I'm working on "The Rise of the Prosecutor Politicians," a history of prosecutors and political ambition (a cause of mass incarceration), and "The Imaginary Unitary Executive," on the myths and history of presidential power in America.
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