Donald Trump Jr., former Trump campaign chairman Paul Manafort, and senior White House adviser Jared Kushner knowingly accepted an offer to receive derogatory information about Hillary Clinton from Russians during an infamous meeting at Trump Tower, according to the redacted Mueller report released Thursday.
But special counsel Robert Mueller did not charge any of those Trump campaign officials with a crime because prosecutors could not sufficiently prove that the Trump Tower meeting participants knew their conduct could be unlawful and that the information received was valuable.
The fact that three Trump associates participated in the June 9, 2016, meeting shows that “the campaign anticipated receiving derogatory documents and information” from Russians that “could assist Trump’s electoral prospects,” the report said.
But, the report added, “the government would unlikely be able to prove beyond a reasonable doubt that the June 9 meeting participants had general knowledge that their conduct was unlawful.”
Prosecutors explored the possibility of bringing charges against the Trump officials under campaign finance statutes involving assistance from foreigners.
However, the report says, no prior court decision has treated “uncompensated opposition research,” such as the information promised by the Russians, as representing a “thing of value that could amount to a contribution under campaign finance law.”
Under the law, prosecutors had to prove that the value of the promised documents and information exceeded a $2,000 threshold to bring a criminal charge, as well as the $25,000 threshold for a felony, but it’s difficult to put a monetary figure on information.
“Although damaging opposition research is surely valuable to a campaign, it appears the information ultimately delivered in the meeting was not valuable,” the report said.
Mueller and his team also found “no evidence” that the Trump Tower meeting participants were familiar with the law banning foreign campaign contributions.
In addition, prosecutors explored whether Trump campaign officials sought to hide their participation in the Trump Tower meeting.
While the government found evidence of efforts from Trump campaign officials to prevent disclosure of the meeting, that occurred more than a year later and “may reflect an intention to avoid political consequences rather than any prior knowledge of illegality.”
