Trump campaign lawyers argue that exploiting hacked emails is a form of free speech.

By | 2018-10-10T06:10:55+00:00 October 10th, 2018|Categories: News|Tags: , , , , , , , |11 Comments

Somewhere Thomas Jefferson is rolling over in his grave. 

Courtesy of The Atlantic

In a motion to dismiss a new lawsuit accusing President Donald Trump’s campaign team of illegally conspiring with Russian agents to disseminate stolen emails during the election, Trump campaign lawyers have tried out a new defense: free speech.

The lawsuit, filed last month by two donors and one former employee of the Democratic National Committee, alleges that the Trump campaign, along with former Trump adviser Roger Stone, worked with Russia and WikiLeaks to publish hacked DNC emails, thereby violating their privacy.

But the Trump campaign—represented by Jeffrey Baltruzak, Michael A. Carvin, Nikki L. McArthur, and Vivek Suri, all of the law firm Jones Day—responded in a brief filed Tuesday that the campaign can’t be held legally responsible for WikiLeaks’s publication of the DNC emails.

Furthermore, the Trump lawyers argued, the First Amendment protects the campaign’s “right to disclose information—even stolen information—so long as (1) the speaker did not participate in the theft and (2) the information deals with matters of public concern.”

The motion’s language seems to further an argument made by Trump and his allies as they await the findings of Special Counsel Robert Mueller’s investigation into a potential conspiracy between the campaign and Russia in 2016: namely, that collusion, even if it involved the coordinated release and exploitation of a candidate’s emails during the presidential election, is not a crime.

Wait, so the Trump campaign’s new legal argument is no longer that there was no collusion, but that collusion was not a crime?

That kind of makes me think that Mueller has gathered enough evidence to prove collusion. 

Remember that it is illegal for the Trump campaign to have accepted “anything of value” from a foreign national and since it can easily be argued that the stolen emails released by Wikileaks and Russian websites helped their candidate win the election, that of course was incredibly valuable. 

I don’t think this argument holds any water whatsoever, which also indicates to me a certain level of desperation. 

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11 Comments

  1. Anon October 10, 2018 at 11:07 am - Reply

    https://www.politifact.com/truth-o-meter/statements/2018/jul/31/donald-trump/donald-trump-says-collusion-no-crime-right/

    Wednesday, October 10, 2018 11:05 AM

    https://nationalparalegal.edu/ViewNews.aspx?intTakeOnNewsID=129

    Several statutes, mostly codified in Title 18 of the United States Code, provide for federal prosecution of public CORRUPTION in the United States. … The statutes most often used to prosecute public corruption are the Hobbs Act, Travel Act, RICO, the program bribery statute, and mail and wire fraud statutes.

  2. Anonymous October 10, 2018 at 11:16 am - Reply
    • The USA Today October 10, 2018 at 1:59 pm - Reply

      https://www.huffingtonpost.com/entry/usa-today-trump-op-ed-medicare-backlash_us_5bbe09f5e4b028e1fe43e069

      “a White House press release disguised as an ‘op-ed by Donald Trump.’”

      USA Today’s editorial page editor, Bill Sternberg, said in a statement that the piece had been fact-checked but that Trump, like any opinion author, had been given “wide leeway to express [his] opinion.” He said the paper’s opinion section is meant to as a forum for discussion.

      “We see ourselves as America’s conversation center, presenting our readers with voices from the right, left and middle,” he said. “President Trump’s op-ed was treated like other column submissions; we check factual assertions while allowing authors wide leeway to express their opinions. Readers are invited to submit opposing viewpoints and provide additional context, some of which will be published in the days ahead.”

      This column may break the record for the number of falsehoods from a President ever published in a newspaper op-Ed. Just this tweet alone is false – “outlaw private health care plans” and “letting anyone cross our border” Huh? Fact check: false and false. Come on USA Today.

    • Anon October 10, 2018 at 4:03 pm - Reply

      https://thinkprogress.org/all-the-presidents-lies-about-medicare-for-all-52a141a12d1b/

      “Democrats want open-borders socialism”
      The great minds at USA Today actually made this sentence a subhed in Trump’s op-ed, undeterred by the fact that it, too, is an egregious and fear-mongering lie. Trump further claims that “Democrats are radical socialists who want to model America’s economy after Venezuela.” Medicare for All is not socialism

  3. Anonymous October 10, 2018 at 12:35 pm - Reply

    Wait, so the Trump campaign’s new legal argument is no longer that there was no collusion, but that collusion was not a crime?
    ====================
    Stupid argument, collusion is not a crime legally, it is called conspiracy.

    Only Brett Kavanagh would agree with them because he is a crappy judge,

    • Anonymous October 10, 2018 at 5:54 pm - Reply

      No, he’d agree because he did it and then lied about it. Yet another instance of PERJURY in testimony before the Senate.

  4. Anonymous October 10, 2018 at 1:08 pm - Reply

    LOL, Mitch is really an idiot to even try and compare Bill Clinton’s impeachment to trump. Beginning with the fact that Clinton was a far better president and trump is just a con artist crook.
    ================================================================

    Mitch McConnell Warns Democrats Not To Harass Trump By Investigating Him

    Senate Majority Leader Mitch McConnell said that any effort by a Democratic House majority to investigate Trump would be presidential harassment and warned Democrats not to harass Trump by holding him accountable.

    The AP reported:
    The Kentucky Republican told The Associated Press in an interview Wednesday that Democratic threats to investigate President Donald Trump’s finances and businesses would “help the president get re-elected” in 2020.

    He recalled how Republicans were enthusiastic about going after President Bill Clinton in the 1990s. The GOP-led House impeached Clinton, but the Senate acquitted him. The public was not as supportive as Republicans had hoped.

    McConnell says ’It worked exactly the opposite. The public got mad at us and felt sympathy for President Clinton.”

    McConnell added that “this business of presidential harassment may or may not quite be the winner they think it is.”

    https://www.politicususa.com/2018/10/10/mitch-mcconnell-warns-democrats-not-to-harass-trump-by-investigating-him.html

  5. IR$ October 10, 2018 at 1:43 pm - Reply

    https://www.nbcnews.com/think/opinion/donald-trump-s-tax-returns-could-be-his-greatest-vulnerability-ncna918386

    Cheating on your taxes may not seem sexy, but financial fraud remains a big potential problem for the president.

  6. IM October 10, 2018 at 2:02 pm - Reply

    OT/
    “In an interview with The Guardian on Tuesday, Falwell said he is standing firmly by the president and “absolutely” believes Trump sets a good MORAL example.

    “Ever since I’ve known him, he’s been a good, MORAL person, a strong leader, a tough leader ― and that’s what this country needs,”

    https://www.huffingtonpost.com/entry/jerry-falwell-trump-moral-evangelicals_us_5bbcb1cae4b01470d0558fd0

    https://www.theguardian.com/us-news/2018/oct/09/christian-leader-jerry-falwell-urges-trump-support-hes-a-moral-person

  7. Anonymous October 10, 2018 at 5:48 pm - Reply

    I’m sure the FAKE JUSTICE will agree since he did it and lied about it.

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