[EL] Information as a thing of value

[Hess, Doug]

I've seen articles (Tokaji at Just Security and another in the Post by Volokh) make the claim that if what Trump Jr did was illegal than any conversation by a campaign with a non-citizen or request of information from another government (i.e., asking how parental leave works in Norway) is illegal. 

Is there a judicial doctrine or legal reason why a court cannot distinguish between a foreign government or foreigners actively developing information for a campaign versus research by a campaign or requests for regular materials. Surely, using a public library or asking an official for a report that exists or interviewing non-citizens are substantially different from foreign governments or foreigners actively developing a set of information with a strategy for its use, etc. Especially, if that strategy was to favor one candidate and in the interests for a subversive strategy by foreign policy or intelligence agencies. 

Or is that distinction not at issue? 

Douglas R Hess
Assistant Professor of Political Science
Grinnell College
1210 Park Street, Carnegie Hall #309
Grinnell, IA 50112 
phone: 641-269-4383
http://www.douglasrhess.com