Editorials: Donald Trump Jr.’s free speech defense is as bogus as it sounds. | Richard Hasen/Slate
Get ready for the latest defense for Donald Trump Jr.’s actions: He had a First Amendment right to collude with the Russians to get dirt on Hillary Clinton. This defense, which has been advanced by noted First Amendment expert Eugene Volokh and others, posits that he cannot be charged under campaign finance laws for soliciting a foreign contribution because seeking and providing such information would be protected political speech, or at least protected for an American to receive. It’s a dangerous argument which fails to recognize the compelling interest promoted by Congress’s ban on foreign contributions: specifically guarding American self-government against foreign intrusion. Let’s first start with the statute Trump Jr. may have violated. Federal law makes it a potential crime for any person to “solicit” (that is, expressly or impliedly ask for) the contribution of “anything of value” from a foreign citizen. While we do not know enough to say that Trump Jr. should be charged with violating this statute, emails released by Trump Jr. himself on Tuesday (as the New York Times was about to report on them) provide more than enough detail to merit an investigation by special counsel Robert Mueller.