[EL] Information as a thing of value

[Hess, Doug]

Thanks, Stuart. 

So, it seems to my non-attorney mind, that the distinction you make would mean that some of the hypotheticals used to say the law is overly broad don't support that conclusion. Of course, I may be presenting the hypotheticals incorrectly. 

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 



-----Original Message-----
From: Stuart McPhail [mailto:smcphail at citizensforethics.org] 
Sent: Sunday, July 16, 2017 6:12 PM
To: Hess, Doug <HESSDOUG at Grinnell.EDU>
Cc: law-election at department-lists.uci.edu
Subject: Re: [EL] Information as a thing of value

One distinction is that the law only prohibits contributions - i.e.,  benefits conferred for the purpose of influencing an election. The hypos you (library, preexisting report, responding to questions) list would not consist of information conveyed for that purpose - so they're not prohibited by the law.  

Sent from my iPhone

> On Jul 16, 2017, at 12:41 PM, Hess, Doug <HESSDOUG at Grinnell.EDU> wrote:
> 
> 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
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