Indicted Russian company Concord Management taunted Mueller this week, perhaps as a foreshadowing of what’s to come.
Concord’s lawyers cited Trump’s SCOTUS nominee, Kavanaugh’s decision from a 2011 case, Bluman v. Federal Election Commission, as their argument to have Mueller’s junk bot case dismissed.
In fact, Kavanaugh said the government would have to prove that foreign nationals had knowledge of the law’s restrictions before seeking criminal charges. And he said the ban did not include foreign spending on “issue advocacy and speaking out on issues of public policy,” SF Gate reported.
SF Gate reported:
A Russian company accused by special counsel Robert Mueller III of being part of an online operation to disrupt the 2016 presidential campaign is leaning in part on a decision by Supreme Court nominee Brett Kavanaugh to argue that the charge against it should be thrown out.
The 2011 decision by Kavanaugh, writing for a three-judge panel, concerned the role that foreign nationals may play in U.S. elections. It upheld a federal law that said foreigners temporarily in the country may not donate money to candidates, contribute to political parties and groups, or spend money advocating for or against candidates. But it did not rule out letting foreigners spend money on independent advocacy campaigns.
Kavanaugh “went out of his way to limit the decision,” said Daniel Petalas, a Washington lawyer and former interim general counsel for the Federal Election Commission.
A motion filed by the Russian company this week repeatedly cites Kavanaugh’s decision, bringing new attention to his rulings on campaign finance laws and regulations during his tenure on the U.S. Court of Appeals for the District of Columbia Circuit.
The Supreme Court affirmed the decision in 2012 in a one-sentence order, without noted dissent or scheduling the case for a hearing. The Obama administration had asked the opinion be affirmed, arguing in a brief that the federal law was narrowly tailored to respect the speech rights of foreigners.
Neither the law in question “nor any other provision of federal law prohibits foreign nationals from speaking out on issues of public policy,” wrote Solicitor General Donald Verrilli. “The statute thus leaves open . . . a broad range of expressive activity, from contributing to issue groups, to creating advocacy websites, to funding mass television advertising.”
Concord Management has been slapping Mueller and his liberal hack lawyers around since they burst into a DC court wanting to play ball.
The indictments against Russians have turned into a courtroom fiasco as the Mueller team made the mistake to include three Russian companies in that indictment. When one of the Russian companies indicted, Concord Management, showed up to court the Mueller team was totally caught of guard.
Mueller’s corrupt legal team led by a former Clinton Foundation attorney, asked for more time to put together their case in order to come up with support for their outlandish indictments. Last Friday, dirty cop Mueller announced through the corrupt and now disgraced and dishonest Deputy Attorney General (DAG) Rod Rosenstein, that they were indicting another group of Russians related to the phony Trump – Russia scandal. No doubt these indictments are phony too.
Perhaps Concord Management’s argument citing Kavanaugh’s decision was also a signal to Mueller and his team they will be dragged up to the Supreme Court once Kavanaugh is confirmed.
Certainly the Democrats will use this decision and Kavanaugh’s previous statement that an indictment or trial of a sitting president would “cripple the federal government,” to grill him during his confirmation hearing.
This case is assigned to U.S. District Court Judge Dabney Friedrich, who was appointed by President Donald Trump in December of 2017.
Read the full report by SF Gate here.