Donald Trump Promising a Position to RFK Jr. Isn’t Illegal
As Newsweek discussed in an article entitled “Donald Trump Accused of New Federal Crime as He Cozies Up to RFK Jr.,” some people have claimed that Donald Trump promising a position to Robert Kennedy, Jr. is a federal crime. Trump offering a position to Kennedy may be a bad idea, but it is not illegal. Mitu Gulati and I pointed out in an article (“Mr. Presidential Candidate: Whom Would You Nominate?”) that the relevant statute is ambiguous and, more importantly, applying the statute to a public promise of a position would run afoul of the First Amendment.
The statute, 18 U.S.C. § 599, provides in relevant part:
Whoever, being a candidate, directly or indirectly promises or pledges the appointment, or the use of his influence or support for the appointment of any person to any public or private position or employment, for the purpose of procuring support in his candidacy shall be fined under this title or imprisoned not more than one year, or both.
As we note in our article, there is a textual ambiguity in the statute: the trigger for the statute is “procuring support in his candidacy.” Is this trigger procuring support from the public for his candidacy or instead procuring support from the potential nominee (or perhaps the potential nominee’s associates) for his candidacy?
Picking up the argument from there, below is the relevant portion of our article (sans footnotes; if you want to read it with the footnotes, click here):
We do not dwell on these arguments regarding statutory interpretation because any attempt at applying this statute to a candidate’s promises would violate the First Amendment. In Brown v. Hartlage, the United States Supreme Court confronted a state statute very similar to § 599.  A candidate for county commissioner had promised to lower commissioners’ salaries if elected, and the Kentucky Court of Appeals found that this violated the following state statute:
[W]hen a candidate offers to discharge the duties of an elective office for less tha
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.