A Republican operative tried last year to obtain emails he thought were stolen from Hillary Clintonās private server by Russian hackers, the Wall Street Journal reported Thursday. According to the Journal, the operative claimed he was working on the effort with retired Lt. General Mike Flynn, then a top adviser to Donald Trumpās presidential campaign.
The operative, Peter W. Smithāwho spoke to the Journal days before his death this past Mayāalso played a role in the 1990s scandal involving Arkansas state troopersā claims that they helped arrange Bill Clintonās trysts.
The Journal‘s report suggests a closer Flynn connection to what US intelligence agencies have said was the Kremlin-sponsored hacking and release of Democratic National Committee and Clinton campaign emails.
āIām talking to Michael Flynn about this,ā Smith told a security expert he tasked with searching hacker forums for people with access to Clintonās emails, according to the Journal.
Flynn was briefly Trumpās national security adviser until he was fired after lying about contacts with the Russian ambassador. He could face prosecution for lying to the FBI, or in connection with allegations involving work his consulting firm did on behalf of Turkeyās government. Flynn’s firm advertised a “Special Operations Cyber Force” to potential clients, according to documents the firm filed.
The Journal reported that US intelligence agencies have learned that Russian hackers discussed how to obtain Clinton’s emails and āthen transmit them to Mr. Flynn.ā
A person who encouraged the transmission of information he or she knew to be illegally obtained through a hack could face felony charges for computer fraud and illegally transferring personal information, attorneys familiar with hacking cases told Mother Jones this week.
Federal law bars not only stealing but transferring personally identifiable information. Federal prosecutors have used the statute to prosecute unauthorized sharing of emails as well as email addresses.
That means a request for stolen emails could still be prosecuted (assuming anyone besides the late Smith was implicated) even if the request came after the hack, said Tor Ekeland, an attorney who represents defendants in federal hacking cases.
āIt’s a mistake to assume the only potential crime is the hacking,ā Ekeland said. āIf you know that thereās been an illegal hack, and then you reach out to someone and say, āGive me that information,’ I want to disclose that,’ youāve now got an attempt to transfer” personally identifiable information.
Former prosecutors and defense attorneys familiar with cases involving hacking said it is impossible to say what charges could be brought without knowing details of any cases, but they emphasized that the available statutes are broadly written.
āCreative prosecutors find things,ā Ekeland said.