The first charges over Russian involvement in the US election have been laid – are there more to come?



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Special Counsel Robert Mueller (centre) has laid the first charges from his investigation into Russian interference in the 2016 US presidential election.
Reuters/Aaron Bernstein

Sandeep Gopalan, Deakin University

Special Counsel Robert Mueller has issued an indictment outlining charges against the Internet Research Agency LLC (and two related entities which had “various Russian government contracts”) and 13 Russian individuals. The defendants are charged with:

knowingly and intentionally conspiring with each other (and with persons known and unknown to the Grand Jury) to defraud the United States by impairing, obstructing, and defeating the lawful functions of the government through fraud and deceit for the purpose of interfering with the US political and electoral processes, including the presidential election of 2016.

The defendants, posing as activists, allegedly created “false personas” and fake accounts to operate social media accounts and pages on divisive social issues. The indictment does not specifically state that the individual defendants were connected to the Russian government, although at least one of them is known to be close to Putin. Specific to the 2016 election, the defendants’ goal was “supporting” the campaigns of Donald Trump and Bernie Sanders, and “disparaging” Hillary Clinton.

Their activities were not merely online. They gathered intelligence, staged rallies posing as Americans (in New York, Pennsylvania, Florida) and “communicated with unwitting individuals associated with the Trump campaign.”

Some of their efforts were effective. For instance, the fake Twitter account “Tennessee GOP”, which falsely claimed to be operated by the Republican Party in that state, attracted 100,000 followers.




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The indictment lists political advertisements taken out by the defendants. These included such messages as “Donald wants to defeat terrorism … Hillary wants to sponsor it”, “Ohio Wants Hillary 4 Prison”, and “Hillary is a Satan, and her crimes and lies had proved just how evil she is.”

Their tactics were insidious. They targeted vulnerable groups such as African-Americans and Muslims to sow hate and reduce Clinton’s turnout.

The indictment provides rich detail about the Russian agency: it was incorporated in 2013, based in St Petersburg, employed hundreds of people for its online work, and had a budget of millions. It described its work as “information warfare” against the US and wanted to “spread distrust towards the candidates and the political system in general” during the 2016 election. Again, no direct link to the Russian government or Putin is mentioned in relation to these actions.

It is alleged the company and the named individuals conspired to violate the Foreign Agent Registration Act, which stipulates certain informational requirements for agents of foreign principals who attempt to influence US public opinion, policy and legislation. They also violated the Federal Election Campaign Act, which prohibits foreigners from making contributions etc relating to electioneering communications. The indictment also alleges identity theft, bank and wire fraud, and violations of visa laws.

Crucially, the indictment does not state that the Trump campaign colluded with the Russians. It clearly notes that any contact with the campaign was “unwitting”.

Deputy Attorney-General Rod Rosenstein also clarified there was no allegation of collusion in the indictment and he stated that the Russians did not affect the outcome of the 2016 election. Following the indictment, President Trump has tweeted that his campaign “did nothing wrong – no collusion!”

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The president has also tweeted:

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This marks an important step for Trump. He is now apparently dismissing Russian influence after repeatedly refusing to condemn them, seeking to downplay their involvement in the election, and labelling it a hoax.

He has since pointed out that the indictment shows Russian involvement began in 2014 – before he entered the campaign. Moreover, the evidence shows that the Russians did not support only Trump. They also supported Bernie Sanders (who has blamed the Obama Administration for not doing more to tackle it), although this fact has not been adequately covered in the media. Further, the goal of the Russians was to sow distrust in the political system and undermine the electoral process – not specifically to help Trump.




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Does the indictment mean that the president and members of his campaign are in the clear? The answer is difficult to determine at this stage. The indictment leaves open the question as to whether other US individuals might have aided the defendants.

Subsequent actions by Mueller might bring forward additional charges against Trump or his team. Further, the indictment does nothing in relation to the potential obstruction-of-justice case against Trump, although the evidence on this is likely to be weak.

The ConversationFinally, from a purely political standpoint, it is hard to see from the evidence outlined that the Russian involvement was decisive. To be sure, they propped up fringe groups and spread discord, which local groups were fully capable of doing and did throughout the election. In addition, the sums of money documented in the indictment are small change in the context of the gargantuan amounts both campaigns spent during the 2016 campaign.

Sandeep Gopalan, Professor of Law, Deakin University

This article was originally published on The Conversation. Read the original article.

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