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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
190