Trump Bragg FECA Instruction Jury

S/21 I~e,2Lf
Pro1>oscd Instruction on FECA. People,,. 1'1'ump, lndlctn1ent No. 71543-23
Pooplc'R Disputed Requc1-1t
Defense Disputed Request PAIT 59 HAY ,~2 202\

Under lhc Fcdcrul Election Cmnpaign Act, it is unluwful for an ,individual lo w.illful1y1
mukc a contribution to any cun<lidntc with rcRpcct to any clcc-tion fc)r federal office. including the
office of President of the United Stnte.", 2 whrich exceeds ,1 certain limil. 3 fn 2015 and 2016, that
limit wus $2,700. 4 It is also unlawful under the Fc<lcral Election Campaign Act f<Jr any COfl}oration
to ~llu~ nrnkc u contribution of any amount to a candidate or candidate's campaign in
connection with any fodcrul clcct'ion, or for nny pcr~on to cause such a corporate contribution. 5 For
purposes of these prohibitions, an cxpcnuiturc made in coopcrntion, consultution, or conccn with,
or at the request or suggestion of. a candidate or his agcnL~ shall be considered to be a contribution
to such candidate. 6 in 20,J 5 and 2016, there was no limit on a candidate's ability to contribute
personai funds to his or her campa1gn. 7
The tcn11s CONTRIBUT ION and EXPENDITU RE include anything of value, including
any purchase, payment, lonn, or advance, made by any person for the purpose of influencing any
clcct,ion for federal office. 8 The phrase "the purpose of influencing any election" r~uires proof
t:hru the acti;vity clearly and unaulbJguously rc]nted to President Trun\ll.'s 2016 campai~9
Under fe<lcral luw, a th.ird party's payment of a can<lidatc's expenses is dC(..mc<l lo be u

contribution lo the candidate unless the payment would have been 1nadc irrespective of the
candidacy. w 111c candidate's status as a candidate for federal office does not have to be the sole or
only 1notivation for the third party's payment, so long as tl1c paytnent would not have boon made
but for the candidate's status as a candjdate for federal office. 11 There arc a number of issues
~rising fr0m a candadatc's pers(!)n~l situation that may heoome campaign issu~ but expenses
1
Def. Requests to Clrnrgt, at 28 & nn.42-43.
2
52 u.s.c. § 30'10t (3)..
3
52 U.S.C. § 3011·6(a)( I )(A).
4
80 Fell. Reg. 5750, 5752 (Feb. 3, 20~ 5).
5
52 U.S.C. § 301 I 8(u): t 11 C.r◄.R. § I 09◄ 20; l t C.F.R. § 300.2(b)(3 ).
'' 52 U.S.C. ~ J<H t (,(a)(7)( B)(f ); 11 C. F.R. § ·109.20.
7
11 C.F.R. § t 10. 10.
ti 52 U.S.C. §§ JOIOl{R)(A)(i), (9){A)(i); 30118(b)(2).
9
Def. Request~ to Charge at 24-25 & n.34.
10
11 C".F.R. § t IJ. I (g)(7).
11
Fed. Election Comm ·n, Advisory Opini~m 2000-08 (Hnrvcy) ut 2-3. "'''lilahl,· al
ht tr5:/ISU(tS. fcc.gc ,,v/fHldoc"/2()0()-08.pd f.
/
/ arising fi-om sueh controversies are not necessarily campaign expenses. 12 The political impact of
legal issues on a can1paign will not, by itself, justify the treatment of any legal expenses as
campaign rclatcd. 13 Legal expenses arc not campaign related merely because the underlying legal
activities have s~11ne impact on tho cnmpaign. 14 If the payment would have been made even in the
a0scnce of U10 candidacy, the payment should noLbc treated as a contribution. 1'
FECA 's definitions of Hcontrihution" and "expenditure" c.lo not include any cost incurred
in covering or carrying a news story, commentary, or editorial by u magazine, periodical
16
publication, or similar press entity~ so long as such activity is a nonnal, legitimate press function.
This is called the press exemption. "Legitu.nate press function" is a broad concept. For example,
tJ1e tenn legitimate 1;:,ress fu11ction includes solicitation letters seeking new subscribers to a
b-ublication. 17
12
Statement of Reasons at 2 n.2: Comm 'rs McDonald, Mason, Sandstrom, Smith & Thomas,
M UR 4944 (I-I illary Rodham Clinton) (Aug. 28, 200 I) ("(T]here are a number of issues arising
from a candidate's personal situation (divorce, whether children attend puhlic or private schools,
business disputes, criminal actions against family members) that may become campaign issues,
but the [FEC] w,ill not necessarily therefore deem expenses arising from such controversies to be
campaign expenses."), attaohed as Exhibit 3 to Def. Requests to Charge.
13
FEC Advisory Opinjon 1995-23 (Shays), 1995 WL 437686, at * 1 (July 20, 1995) (quoted
verbatim above); see also Def. Requests to Charge at 26 & n.37.
14
Expenditures; Reports by Policial Committees; Personal Use of Campaign Funds, 60 Fed. Reg.
7862-01, 7868, 1995 WL 49139 (Feb. 9, 1995) ("[L]cgal expenses will not be treat(!d as though
they are campaign or officeholder related merely because the underlying legal proceedings have
some impact on the campaign or the officeholder's status. Tl1us, legal expenses associated with
a divorce or charges of' driving under the influence of alcohol will be treated as pcrsonat rather
than campaign or officeholder related.").
15
Expenditures; Reports by Policial Conunittecs; Personal Use ofCmnpaign Funds, 60 Fed. Reg.
7862-01, 1995 \VL 49139 (Feb. 9, 1995) (quoted verbatim above); see also Def. Requests to
Charge at 26 & n.38.
It> 11 C.F.R. § I 00. 73; Fed. Election Comm 'n ,,. Phillips Puh., Inc., 517 F. Supp. I 308, 1313
(D.D.C. 1981 ); Reader's Digest Ass 'n, Inc. v. Ft:C? 509 F. Supp. 1210, 1214 (S.D.N.Y. 1981 ).
17
Statement of Rcnsons or Commissioners David M. Mason and Bradley A. Smith, NtUR 5540
(quoted vcrhnlim above) (ciling Fed. Hlec1ion Comm 'n ,,. Pili/lips /'uh., Inc.~ 517 F. Supp. l ~08.
1313 (D.D.C. 1981 )).

Trump Bragg FECA Instruction Jury

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Trump Bragg FECA Instruction Jury

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S/21 I~e,2Lf

Pro1>oscd Instruction on FECA. People,,. 1'1'ump, lndlctn1ent No. 71543-23

Pooplc'R Disputed Requc1-1t

Defense Disputed Request PAIT 59 HAY ,~2 202\

Under fe<lcral luw, a th.ird party's payment of a can<lidatc's expenses is dC(..mc<l lo be u

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