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There is no law against “collusion” unless you are talking about anti-trust issues between corporations.  Basically what we are really looking for is whether there was a “conspiracy.”  Conspiracy is best understood simply as an agreement to commit a crime.

If Hillary Clinton or Donald Trump “conspired” then they must have agreed with another person to have a crime committed.    For Trump one crime might be to have hacked the DNC computers.  But it does not appear he was really involved in the actual hacking of those computers.

 

However, there is a quite broad statute preventing foreign nationals from contributing or donating anything of value to a campaign.  52 usc 30121:

 

§30121. Contributions and donations by foreign nationals

(a) Prohibition

It shall be unlawful for—

(1) a foreign national, directly or indirectly, to make—

(A) 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;

(B) a contribution or donation to a committee of a political party; or

(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 30104(f)(3) of this title); or

(2) a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a foreign national.

(b) “Foreign national” defined

As used in this section, the term “foreign national” means—

(1) a foreign principal, as such term is defined by section 611(b) of title 22, except that the term “foreign national” shall not include any individual who is a citizen of the United States; or

(2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8.

 

 

 

So right off the bat we can see that section 1 is extremely broad.  Honestly I am not sure this is healthy for a free society.  And would invite comments in that regard.

 

Here is 2 usc 441e

§441e. Contributions by foreign nationals

(a) It shall be unlawful for a foreign national directly or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national.

(b) As used in this section, the term “foreign national” means—

(1) a foreign principal, as such term is defined by section 611(b) of title 22, except that the term “foreign national” shall not include any individual who is a citizen of the United States; or

(2) an individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8.

(Pub. L. 92–225, title III, §319, formerly §324, as added Pub. L. 94–283, title I, §112(2), May 11, 1976, 90 Stat. 493; renumbered §319, Pub. L. 96–187, title I, §105(5), Jan. 8, 1980, 93 Stat. 1354.)

 

Regulations go into more detail on these terms specifically regulation

11 CFR 110.20

  1. Definitions.For purposes of this section, the following definitions apply:

    1. 1.Disbursement has the same meaning as in 11 CFR 300.2(d).

    2. 2.Donation has the same meaning as in 11 CFR 300.2(e).

    3. 3.Foreign national means—

      1. i.A foreign principal, as defined in 22 U.S.C. 611(b); or

      2. ii.An individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined in 8 U.S.C. 1101(a)(20); however,

      3. iii.Foreign nationalshall not include any individual who is a citizen of the United States, or who is a national of the United States as defined in 8 U.S.C. 1101(a)(22).

    4. 4.Knowingly means that a person must:

      1. i.Have actual knowledge that the source of the funds solicited, accepted or received is a foreign national;

      2. ii.Be aware of facts that would lead a reasonable person to conclude that there is a substantial probability that the source of the funds solicited, accepted or received is a foreign national; or

      3. iii.Be aware of facts that would lead a reasonable person to inquire whether the source of the funds solicited, accepted or received is a foreign national, but the person failed to conduct a reasonable inquiry.

    5. 5.For purposes of paragraph (a)(4) of this section, pertinent facts include, but are not limited to:

      1. i.The contributor or donor uses a foreign passport or passport number for identification purposes;

      2. ii.The contributor or donor provides a foreign address;

      3. iii.The contributor or donor makes a contribution or donation by means of a check or other written instrument drawn on a foreign bank or by a wire transfer from a foreign bank; or

      4. iv.The contributor or donor resides abroad.

    6. 6.Solicit has the same meaning as in 11 CFR 300.2(m).

    7. 7.SAFE HARBOR.For purposes of paragraph (a)(4)(iii) of this section, a person shall be deemed to have conducted a reasonable inquiry if he or she seeks and obtains copies of current and valid U.S. passport papers for U.S. citizens who are contributors or donors described in paragraphs (a)(5)(i) through (iv) of this section. No person may rely on this safe harbor if he or she has actual knowledge that the source of the funds solicited, accepted, or received is a foreign national.

  2. b.Contributions and donations by foreign nationals in connection with elections.A foreign national shall not, directly or indirectly, make a contribution or a donation of money or other thing of value, or expressly or impliedly promise to make a contribution or a donation, in connection with any Federal, State, or local election.

  3. c.Contributions and donations by foreign nationals to political committees and organizations of political parties.A foreign national shall not, directly or indirectly, make a contribution or donation to:

    1. 1.A political committee of a political party, including a national party committee, a national congressional campaign committee, or a State, district, or local party committee, including a non-Federal account of a State, district, or local party committee, or

    2. 2.An organization of a political party whether or not the organization is a political committee under 11 CFR 100.5.

  4. d.Contributions and donations by foreign nationals for office buildings.A foreign national shall not, directly or indirectly, make a contribution or donation to a committee of a political party for the purchase or construction of an office building. See 11 CFR 300.10 and 300.35.

  5. e.Disbursements by foreign nationals for electioneering communications.A foreign national shall not, directly or indirectly, make any disbursement for an electioneering communication as defined in 11 CFR 100.29.

  6. f.Expenditures, independent expenditures, or disbursements by foreign nationals in connection with elections.A foreign national shall not, directly or indirectly, make any expenditure, independent expenditure, or disbursement in connection with any Federal, State, or local election.

  7. g.Solicitation, acceptance, or receipt of contributions and donations from foreign nationals.No person shall knowingly solicit, accept, or receive from a foreign national any contribution or donation prohibited by paragraphs (b) through (d) of this section.

  8. h.Providing substantial assistance.

    1. 1.No person shall knowingly provide substantial assistance in the solicitation, making, acceptance, or receipt of a contribution or donation prohibited by paragraphs (b) through (d), and (g) of this section.

    2. 2.No person shall knowingly provide substantial assistance in the making of an expenditure, independent expenditure, or disbursement prohibited by paragraphs (e) and (f) of this section.

  9. i.Participation by foreign nationals in decisions involving election-related activities.A foreign national shall not direct, dictate, control, or directly or indirectly participate in the decision-making process of any person, such as a corporation, labor organization, political committee, or political organization with regard to such person’s Federal or non-Federal election-related activities, such as decisions concerning the making of contributions, donations, expenditures, or disbursements in connection with elections for any Federal, State, or local office or decisions concerning the administration of a political committee.

  10. j.Donations by foreign nationals to inaugural committees.A foreign national shall not, directly or indirectly, make a donation to an inaugural committee, as defined in 11 CFR 104.21(a)(1). No person shall knowingly accept from a foreign national any donation to an inaugural committee.

 

So we have two main cases that seem relevant at this point.  The dirt on Hillary that “the Russians” may have offered to Trump.  And the dirt that on Trump that Steele, a foreign national, seems to have delivered to Clinton.

 

Now lets assume the dirt against an opponent is a “thing of value”  Again if this is a faulty assumption then please express that in the comment section.   If so then getting dirt from a foreign national is a crime.  Now was there an agreement to get this from a foreign national in either case?

 

In the case of Clinton it seems there was.   At least Fusion GPS seemed to hire Steele a foreign national for this very purpose.  Did Clinton know they were doing this?  Well that would need to be established.

Now what about Trump?

So this might revolve around promises from different Russians to different people in the Trump campaign.  For example the leads that George Papadopoulos seemed to be pursuing. And perhaps even what Trump Junior was up to.

 

It seems that no dirt was ever delivered in either case.  But there still may have been an agreement to deliver dirt.   Was the dirt a thing a value?  Well normally we would say yes.  But here since no dirt was actually delivered we don’t even know what the dirt was.  So it seems quite a few more dots need connecting against Trump at this point.