Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Two smart ways to deter foreign money and dirt-digging from our elections

Opinion

Donald Trump Jr.

Donald Trump Jr. should have reported a Russian request for a campaign meeting to authorities, according to the writers. Legislation would make it a legal requirement.

Joe Raedle/Getty Image

Spaulding is a public policy attorney at Common Cause. Gilbert is executive vice president and Holman is a lobbyist at Public Citizen. Both groups advocate for a broad array of democracy reforms.

This is part of a series advocating for parts of legislation soon to be proposed in the House, dubbed the Protecting Our Democracy Act, designed to improve democracy's checks and balances by curbing presidential power.


American democracy is resilient. Last November's election "was the most secure in American history," according to the Department of Homeland Security. In the face of immense challenges — threats of foreign interference, rampant disinformation, risks posed by the pandemic — election administrators, organizers, attorneys and advocates worked together to protect the vote. Americans voted in record numbers, casting their ballots safely by mail, drop box and in person.

But the work to secure our elections is not over. Recent investigations have revealed vulnerabilities from foreign actors to political campaigns themselves. Email accounts and cell phones of congressional and campaign staff, for example, can be hacked by foreign actors, who have now grown in number and expanded well beyond those from Russia. Other threats are detailed in the bipartisan Senate Intelligence Committee findings of last year, the final report from special counsel Robert Mueller and a 2017 Intelligence Community Assessment.

Congress must take a comprehensive approach to foreign interference in our elections to bolster confidence in our democratic institutions. Fortunately, the Protecting Our Democracy Act includes two provisions that are on point.

The first would require political campaigns to report to the FBI and the Federal Election Commission offers of illegal campaign help from foreign governments, foreign political parties and their agents. Put simply, if you are running for office and a hostile foreign power — such as a Russian government headed by Vladimir Putin — offers your campaign dirt on your political opponent, you ought to alert the authorities. A version of this proposal, by Democratic Rep. Zoe Lofgren of California, has already passed the House once, last year

The second would clarify that federal law prohibits accepting opposition research and other non-public information from foreign governments when that information is given to influence an election — irrespective of its monetary value. This reaffirms existing law, which has been left under-enforced by the FEC and the Justice Department, prohibiting campaigns from accepting money or any "other thing of value" from foreign principals.

These concerns are not theoretical. For example, Mueller's report detailed how the "Russian government interfered in the 2016 presidential election in sweeping and systematic fashion." His "investigation established that the Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome" and that the Trump campaign "expected it would benefit electorally from information stolen and released through Russian efforts."

The most notorious example is the infamous June 2016 meeting during which senior campaign officials met with a Russian attorney in Trump Tower, anticipating they would receive derogatory information on Democratic nominee Hillary Clinton from the Russian government to help the Republican candidate. This meeting came about after the president's eldest son, Donald Trump Jr., received an email about the "Crown prosecutor of Russia'' and an offer to "provide the Trump campaign with some official documents and information that would incriminate Hillary and her dealings with Russia and would be very useful to your father. This is obviously very high level and sensitive information but is part of Russia and its government's support for Mr. Trump."

Trump Jr. responded in an email that "if it's what you say I love it."

These foreign government efforts to interfere in a presidential election ought to have been reported to law enforcement. At a House Intelligence Committee hearing in 2019, Mueller testified it should be the responsibility of political campaigns to inform the FBI whenever they receive such an offer from a foreign government. He said he "would think that's something they would and should do" because knowingly accepting foreign assistance during a presidential campaign is "a crime in certain circumstances" that undermines democracy and our institutions.

The new legislation would make such an affirmative duty-to-report the law of the land.

Federal law prohibits any person from soliciting from foreign nationals — including a foreign government — a contribution of money or other thing of value in connection with an election. This includes opposition research, the very sort of purported dirt that Russia offered the Trump campaign in 2016. As FEC Commissioner Ellen Weintraub wrote, "information can qualify as a thing of value," and "political campaigns pay millions of dollars to acquire polling data, contact lists, and opposition research services."

Mueller confirmed that a "campaign can be assisted not only by the provision of funds, but also by the provision of derogatory information about an opponent. ... A foreign entity that engaged in such research and provided resulting information to a campaign could exert a greater effect on an election, and a greater tendency to ingratiate the donor to the candidate, than a gift of money."

Still, Mueller noted that there are challenges in valuing such promised information — in other words, putting a dollar figure on it — to meet certain thresholds for violations of federal campaign finance law.

The House legislation clarifies that for purposes of the foreign money ban, a thing of value includes opposition research, polling, or other non-public information relating to a candidate for election, regardless of whether such information has monetary value.

The bill would shore up elections from interference by hostile foreign governments. Although the 2020 election is fresh in the rearview mirror, the 2022 campaign will be upon us before we know it. These problems must be addressed now. These reforms are an essential and comprehensive approach to strengthening our democratic institutions.

Read More

The Democracy for All Project

The Democracy for All Project

American democracy faces growing polarization and extremism, disinformation is sowing chaos and distrust of election results, and public discourse has become increasingly toxic. According to most rankings, America is no longer considered a full democracy. Many experts now believe American democracy is becoming more autocratic than democratic. What does the American public think of these developments? As Keith Melville and I have noted, existing research has little to say about the deeper causes of these trends and how they are experienced across partisan and cultural divides. The Democracy for All Project, a new partnership of the Kettering Foundation and Gallup Inc., is an annual survey and research initiative designed to address that gap by gaining a comprehensive understanding of how citizens are experiencing democracy and identifying opportunities to achieve a democracy that works for everyone.

A Nuanced Exploration of Democracy and Its Challenges

Keep ReadingShow less
America Is Not a Place, It’s an Epic Road Trip
empty curved road
Photo by Holden Baxter on Unsplash

America Is Not a Place, It’s an Epic Road Trip

Despite its size, Afghanistan has only a single highway running through it. It’s called National Highway 1, or Ring Road, and I spent a little time on it myself years ago. It has no major intersections, not really. Just 1,400 miles of dusty road that cuts through mountains and across minefields to connect small towns and ancient cities.

Over many decades, America helped build and rebuild Ring Road to support free trade and free movement throughout the country.

Keep ReadingShow less
A “Bad Time” To Be Latino in America

person handcuffed, statue of liberty

AI generated

A “Bad Time” To Be Latino in America

A new Pew Research Center survey reveals that most Latinos in the United States disapprove of President Donald Trump’s handling of immigration and the economy during his second term, underscoring growing pessimism within one of the nation’s fastest-growing demographic groups. Conducted in October, the survey highlights widespread concerns about deportation efforts, financial insecurity, and the broader impact of Trump’s policies on Hispanic communities.

Key Findings from the Pew Survey
  • 65% disapprove of Trump’s immigration policies, citing heightened deportation efforts and increased immigration enforcement in local communities.
  • About four-in-five Latinos say Trump’s policies harm Hispanics, a higher share than during his first term.
  • 61% of Latinos believe Trump’s economic policies have worsened conditions, with nearly half reporting struggles to pay for food, housing, or medical expenses in the past year.
  • 68% feel their overall situation has declined in the past year, marking one of the bleakest assessments in nearly two decades of Pew surveys.

Immigration Enforcement and Fear of Deportation

The study found that about half of Latinos worry they or someone close to them might be deported, reflecting heightened anxiety amid intensified immigration raids and arrests. Many respondents reported that enforcement actions had occurred in their local areas within the past six months. This fear has contributed to a sense of vulnerability, particularly among mixed-status families where U.S. citizens live alongside undocumented relatives.

Keep ReadingShow less