Page:Report On The Investigation Into Russian Interference In The 2016 Presidential Election.pdf/198

 ::::''ii. Willfulness''

As discussed, to establish a criminal campaign-finance violation, the government must prove that the defendant acted "knowingly and willfully." 52 U.S.C. § 30109(d)(1)(A)(i). That standard requires proof that the defendant knew generally that his conduct was unlawful. Election Offenses 123. Given the uncertainties noted above, the "willfulness" requirement would pose a substantial barrier to prosecution.


 * iii. Constitutional Considerations

Finally, the First Amendment could pose constraints on a prosecution.


 * iv. Analysis as to