Page:Report On The Investigation Into Russian Interference In The 2016 Presidential Election.pdf/198

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U.S. Department of Justice

Attorney Work Product // May Contain Material Protected Under Fed. R. Crim. P. 6(e)

ii. Willfulness

As discussed, to establish a criminal campaign-finance violation, the government must prove that the defendant acted "knowingly and willfully." 52 U.S.C. § 30109(d)(1)(A)(i). That standard requires proof that the defendant knew generally that his conduct was unlawful. Election Offenses 123. Given the uncertainties noted above, the "willfulness" requirement would pose a substantial barrier to prosecution.

iii. Constitutional Considerations

Finally, the First Amendment could pose constraints on a prosecution. Harm to Ongoing Matter              

iv. Analysis as to HOM 

Harm to Ongoing Matter   
               

 

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