Is It Illegal To Conspire With Someone?

Conspiracy is a deceitful agreement or secret cooperation between two or more parties to limit open competition by deceiving, misleading, or defrauding others. It requires active planning and involves plotting to involve oneself in illegal acts in the future. Failing to take any action to prevent a crime that you know you can stop shows complicity, but not conspiracy. The term “collusion” might not be in the lawbooks, but other crimes like conspiracy are.

In the current political discussion, “collusion” doesn’t refer to a specific federal crime. However, working with someone in a conspiracy to break the law is illegal. Former federal prosecutor Harry Sandick discussed the difference between the concept of collusion and the legal definition of conspiracy. Another example of a “collusion” crime is conspiracy to defraud the United States, which the special counsel charged against Russian social media propagandists and hackers in February.

Collusion itself is not a single crime, but it is a rubric that encompasses many possible offenses. President Trump is drawing a tricky line on the Russia case, following the lead set by his legal adviser Rudolph W. Giuliani. Conspiracy, like incitement and attempt, is an offence distinct from the principal offence which is the subject of the conspiracy. The general conspiracy statute, 18 U.S.C. § 371, creates an offense if two or more persons conspire either to commit any offense against the United States.

Rep. Doug Collins asked former special counsel Robert Mueller whether his use of the terms “collusion” and “conspiracy” in his report have the same meanings.