(02-28-2018 12:15 PM)mrbig Wrote:  tanqtonic - I think one potential difference is whether the information is a contribution or donation. The Steele dossier not only had a few degrees of separation, but was oppo research that was paid for and was paid to a US firm. The June 9 Trump Tower meeting seems to be more of a contribution or donation, which could run afoul of 52 U.S.C. § 30121 ("It shall be unlawful for ... a foreign national, directly or indirectly, to make ... a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election...." (emphasis added). I can understand someone not understanding or not liking the distinction, and perhaps that is a good reason to lobby Congress to change the law. But it doesn't change the law currently in place.

a) So the problem isn't the information itself, but whether it was a donation or contribution from a foreign national. If a Russian had shown up in Chappaqua and offered to give a pee pee tape to Paul DePodesta, Chelsea Clinton, and Mark Mezvinsky (Chelsea's husband), and those three hadn't immediately run to the FBI, then they would probably be in some serious ... pee pee.

b) Again, and I think this is my fault, the focus would be on whether this kind of comment at a cocktail party was a "contribution or donation" "in connection with a Federal ... election." I highly doubt it, though one could certainly tweak the facts.

So the takeaway is, when offered information, pay for it. Or better yet, shut the visitors up upon arrival, tell them you will pay for information, then pay them for it. Or give them a ham sandwich as payment.

Additionally, I have a hard time getting over the very obvious 1st Amendment issues with 'information', whether paid for or a donation.

If we are going to hardline 'information' as a defined 'thing of value' in the foreign nationals law, seems to me we need to do the same when dealing with information for US nationals as a donation of 'in kind' and have the purveyors mark it up and send it to the FEC to count as a donation of 'thing of value'.