Your Weekly Donald: Outsourcing Hacking


Until last week, The Donald was a Republican problem. A guy who stood for everything the political party of Lincoln opposed had won enough delegates to be the GOP’s candidate. But he was nominated, and is now that political party’s candidate for president. That has made him now everyone’s problem.

Which makes his call for the Russians to hack American email servers to recover alleged Hillary Clinton emails especially troublesome.1

The Russians, you will recall, were the country that Mitt Romney called our #1 enemy just four years ago.The Russians, you will also recall, are the prime suspect in the hacking of the Democratic National Committee email server. Now the 2016 Republican nominee has invited that same enemy to engage in espionage against an American, purely for his possible political advantage.2

Do we need any further proof that The Donald is completely willing to outsource American jobs? Why not invite American hackers to find the missing emails. Why award the task to a foreign government?

On a more serious note, hacking is quite a serious crime. 18 U.S.C. §2701 says,

Whoever—

(1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or

(2) intentionally exceeds an authorization to access that facility;

and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (b) of this section.

Violating §2701 can get you five years in the slammer. What the Trumpster is asking the Russians to do is a classic violation of §2701.

The thing is, it is also a crime to invite someone else to commit a crime. It’s called solicitation:

Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against property or against the person of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than twenty years.

Defense counsel might have fun arguing that hacking an email server isn’t “violence against property,” but good luck with that. So, under U.S. law, The Donald has committed solicitation of hacking, a felony. That’s in addition to whatever crimes are lurking in the federal income tax returns he refuses to release.3

WC wonders if it is too late to seek political refuge in Canada?

 

 


  1. The Donald’s press conference extended rant is troubling in many ways. If you have the stomach, read the transcript and its litany of ah hominem fallacies, distortions, Big Lies and half truths. 
  2. WC says “Possible political advantage” because, by definition, no one knows what was in those emails. Clinton has described how emails were selected for deletion. 
  3. Of course, The Donald also, through his lawyer, threatened and tried to intimidate the Trumpster’s ghostwriter on The Art of the Deal because the ghostwriter, in exercise of his First Amendment rights, said he didn’t like The Donald very much. And that The Donald might be a very bad president. That’s a violation of federal law, too: “If two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States . . . the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.” 42 U.S.C. §1985
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