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Former Clinton Pollster: Hillary Clinton Broke Campaign Finance Laws, Not Donald Trump


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https://www.breitbart.com/2016-presidential-race/2018/08/22/former-clinton-pollster-hillary-clinton-broke-campaign-finance-laws-not-donald-trump/

 

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Former Clinton Pollster: Hillary Clinton Broke Campaign Finance Laws, Not Donald Trump

 

Mark Penn, the former pollster for both Bill Clinton and Hillary Clinton, has penned an op-ed in The Hill Wednesday in which he argues that Michael Cohen’s guilty plea shows the double standard that prosecutors have applied unfairly to Donald Trump.


Penn argues that while what Trump is alleged to have done — paying Stormy Daniels for a non-disclosure agreement she had sought for five years prior to the election — was legal, Hillary Clinton failed to report campaign expenditures that led to the Steele dossier.


If anyone broke campaign finance law, Penn argues, it was Clinton, not Trump — but prosecutors want Trump out of office.


He writes ( http://thehill.com/opinion/white-house/402959-cohens-plea-deal-is-prosecutors-attempt-to-set-up-trump )  :

 

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The usual procedures here would be for the FEC to investigate complaints and sort through these murky laws to determine if these kinds of payments are personal in nature or more properly classified as campaign expenditures. And, on the Daniels payment that was made and reimbursed by Trump, it is again a question of whether that was made for personal reasons (especially since they have been trying since 2011 to obtain agreement). Just because it would be helpful to the campaign does not convert it to a campaign expenditure. Think of a candidate with bad teeth who had dental work done to look better for the campaign; his campaign still could not pay for it because it’s a personal expenditure.


Contrast what is going on here with the treatment of the millions of dollars paid to a Democratic law firm which, in turn, paid out money to political research firm Fusion GPS and British ex-spy Christopher Steele without listing them on any campaign expenditure form — despite crystal-clear laws and regulations that the ultimate beneficiaries of the funds must be listed. This rule was even tightened recently. There is no question that hiring spies to do opposition research in Russia is a campaign expenditure, and yet, no prosecutorial raids have been sprung on the law firm, Fusion GPS or Steele. Reason: It does not “get” Trump.

 

 

 

This is an attempted coup, folks.   SEDITION.   And sooner or later Trump is going to respond to THAT.   Just watch ...

 

8i65B9eMT.jpg

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Tuna Salad
  1. 5-ounce cans water-packed tuna fish.
  2. 2 to 4 tablespoons. mayonnaise.
  3. rib celery, diced small.
  4. small shallot or 1/4 red onion, diced small.
  5. 1 tablespoon. lemon juice (from 1/2 lemon)
  6. 1 tablespoon. pickle relish, optional.
  7. Salt and pepper.
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8 hours ago, fishhead said:
Tuna Salad
  1. 5-ounce cans water-packed tuna fish.
  2. 2 to 4 tablespoons. mayonnaise.
  3. rib celery, diced small.
  4. small shallot or 1/4 red onion, diced small.
  5. 1 tablespoon. lemon juice (from 1/2 lemon)
  6. 1 tablespoon. pickle relish, optional.
  7. Salt and pepper.

Plus a little bit of finely chopped fresh dill

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9 hours ago, BeAChooser said:

https://www.breitbart.com/2016-presidential-race/2018/08/22/former-clinton-pollster-hillary-clinton-broke-campaign-finance-laws-not-donald-trump/

 

 

This is an attempted coup, folks.   SEDITION.   And sooner or later Trump is going to respond to THAT.   Just watch ...

 

8i65B9eMT.jpg

Damn,

Someone should get right on this,

Any indictments yet?

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41 minutes ago, Hex2 said:

I ya got any evidence, show it.

I'm sure Howdie Doodie would like a few facts.

Sure he ya go 

 

 

1.) 18 U.S. Code § 793 – Gathering, transmitting or losing defense information
18 U.S. Code § 798 – Disclosure of classified information

A federal prosecutor would naturally focus first on the most serious allegations: willfully transmitting or willfully retaining Top Secret and Compartmented (TS/SCI) material using a private server system. The individual who transmits and the individual who receives and retains TS/SCI information on a private server jointly share the culpability for risking the compromise and exploitation of the information by hostile intelligence services. The prosecutor’s charging document would likely include felony counts under 18 U.S. Code § 793 and under 18 U.S. Code § 798 against each transmitting individual as well as separate counts against each receiving and retaining individual. Violation of either provision of the U.S. Code cited above is a felony with a maximum prison term of ten years.

The prohibited conduct is the insecure transmission of highly classified information, as well as the receipt and retention of highly classified information in an unapproved manner. The requisite mens rea is the willful commission of the prohibited conduct and the knowledge that compromised information could result in prejudice or injury to the United States or advantage to any foreign nation. Proof of intent to disclose the classified information is not required.

2.) U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material

If the federal prosecutors are of a charitable disposition and an accused person has been cooperative, the felony charges under 18 U.S. Code § 793 and 18 U.S. Code § 798 may be “pled-down” to a single or to multiple misdemeanor counts under 18 U.S. Code § 1924. A misdemeanor conviction would probably result in a period of probation and a less significant fine. The prohibited conduct is the unauthorized removal of classified information from government control or its retention in an unauthorized location. The mens rea required is the intent to remove from government control or the intent to store the classified information in an unauthorized location.

3.) 18 U.S. Code § 2071(b) — Concealment, removal, or mutilation generally

To sustain a charge under 18 U.S. Code § 2071(b), a federal prosecutor need only prove that the accused transferred and held the only copies of official government records (whether classified or not), the very existence of which was concealed from government records custodians. The mens rea required is that an accused knows that official government records were transferred or removed from the control of government records custodians. Violation of 18 U.S. Code § 2071(b) is a felony with a maximum prison term of three years.

4.) 18 U.S. Code § 641 – Public money, property or records

Again, if the federal prosecutors are of a charitable disposition and accused has been cooperative, the felony charges under 18 U.S. Code § 2071(b) can be “pled down” to a misdemeanor under 18 U.S. Code § 641. The prohibited conduct is the conversion of official records (whether classified or not) to the accused’s exclusive use and the mens rea is simply the intent to do so. Conviction on the lesser misdemeanor charge would likely result in a period of probation and the imposition of a fine. 

5.) 18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committees

If it can be proven that an accused destroyed, withheld, or concealed the existence of official records being sought under subpoena by a committee of Congress, the accused can be convicted of obstruction under 18 U.S. Code § 1505. The prohibited conduct includes destruction, concealment and withholding of documents, thereby impeding or obstructing the committee’s rightful pursuit of information. The mens rea is knowledge of the committee’s interest in obtaining the official records in the accused’s custody or control. Violation of 18 U.S. Code § 1505 is a felony with a maximum prison term of five years.

6.) 18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in federal investigations

If it can be proven that an accused knowingly concealed the existence of official records being sought by the Department of State Inspector General (DOS/IG) or by the Federal Bureau of Investigation (FBI), such accused can be convicted of obstruction. The prohibited conduct is the concealment and withholding of documents that impede or obstruct an investigation. The mens rea is the intent to conceal or withhold. Violation of 18 U.S. Code § 1519 is a felony with a maximum prison term of twenty years.

7.) 18 U.S. Code § 1031 — Fraud against the United States
18 U.S. Code § 1343 – Fraud by wire, radio or television
18 U.S. Code § 1346 — Definition of “scheme or artifice to defraud”
18 U.S. Code § 371 – Conspiracy to defraud the United States

If it can be proven that an accused arranged for the Department of State to hire an Information Technology (IT) specialist to primarily administer and maintain a private server system owned by the accused, then the accused can be convicted of conspiracy to commit honest services fraud and probably wire fraud. The prohibited conduct is having the United States pay an employee salary and/or official travel funds for performing private services on behalf of accused. The mens rea is simply the knowledge of the employee’s status as a public servant and that the government was not fully reimbursed for the costs to the government of such services. The wire fraud conviction can be sought if it can be proven that accused used electronic means of communication in undertaking such scheme or artifice to defraud. 

8.) 18 U.S. Code § 371 – Conspiracy to commit a federal offense

If any accused and any third party can be proven to have colluded in any violation of federal, criminal law, then all involved can be charged with criminal conspiracy as well as being charged with the underlying offense.

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