And, at the same time, it is because of this clear involvement of a foreign state actor that the Trump case will be pivotal in determining the efficacy of the ban on foreign national electioneering. The campaign finance laws have as their core purpose preventing corruption of government, or its appearance, but the provision prohibiting foreign political spending is uniquely concerned with corruption of a different, even higher order, that strikes at national security. The Bluman court cited the high importance of preserving of the “basic conception of a political community” in holding that two individuals–one a Canadian and the other holding dual Canadian and Israeli citizenship–could not make simple, every-day contributions to political organizations. In the Trump case, which involves active foreign intervention in a political campaign that is welcomed and encouraged by one of the candidates, this “basic conception” is even more–it is fair to say, acutely– at stake.
As the case unfolds, other instances of Russian support for the campaign might still surface, as I have indicated. The investigators will look into unconfirmed reports that the Russians may have attempted through intermediaries to buy ads placed for the benefit of Trump on social media platforms. Should there be any evidence that the Trump campaign colluded in this advertising activity, a straightforward campaign finance violation–a massive illegal contribution to the campaign– would be added to the one built on hacking and WikiLeaks distribution. The same holds true for any collusion over use of microtargeting techniques, which congressional investigations are reportedly now also probing.
But, as a major issue of foreign national involvement under the campaign finance law, the hacking episode may prove more than sufficient to sustain the current criminal investigation, and it could wind up being a central to it.