Olde Europe
Diamond Member
- Dec 8, 2014
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So? They’re still violations of campaign finance laws. Obama was fined and not imprisoned — which goes to show that prison is not the only penalty for violating campaign finance laws.Then why was Obama fined and not imprisoned for violating campaign finance laws?
As far as I've seen these were mere clerical errors, blown deadlines, or reporting typos, eff ups occurring in every Presidential election, not an elaborate conspiracy to hide contributions way above the limits while avoiding reporting requirements altogether, and to do so knowingly and willfully.
<sigh>
At worst, he’s facing a fine. Who knows why these cockholsters are so eager to line up on their knees?![]()
I think you are wrong on that.
A violation of campaign finance law is only a crime punishable by imprisonment, as opposed to a civil offense punishable only by fine, if an individual’s violation of the restrictions was knowing and willful. As explained in the Department of Justice manual, Federal Prosecution of Election Offenses, federal campaign finance law violations “become potential crimes when they are committed knowingly and willfully, that is, by an offender who knew what the law forbade and violated it notwithstanding that knowledge.” That’s an important qualification to keep in mind. It means that knowledge of the law is, in some sense, an excuse or get-out-of-jail free card in this arena. And it is prosecutors who would have the burden of proving beyond a reasonable doubt that a defendant acted with this state of mind.
Now, if you put the whole thing together, in particular Cohen's confession (under oath and under penalty of perjury) that the purpose of the payments was to influence the election, the non-reporting, and the elaborate scheme to hide the true purpose of the payments, altogether indicating that they knew exactly they're running afoul of campaign finance laws, and did it anyway, there's some prison time lurking ahead.
And let's not get into a variety of conspiracies to violate campaign finance laws that also circle around all this.