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.
