Hey All. Here's our next installment of "A Layman's Guide to Trump's Crimes" or "A Citizen's Guide to Prosecuting Donald J. Trump" (I'm still working on a good title - I welcome all suggestions). Today, let's take a look at the crime of . . . BRIBERY, 18 U.S. CODE SEC. 201
Bribery can take many forms. One form involves people offering things of value to public officials in exchange for governmental acts. Here's a hypothetical: Let’s assume I want to build a deck on my house. I go to the county zoning office to obtain a permit to build the deck.
The good folks in the zoning office tell me that the county zoning laws don’t permit decks in my neighborhood. So I seek out the county zoning commissioner and offer to pay him $1000 if he will grant me a permit. That’s attempted bribery.
Another variation involves a government official soliciting a bribe. Back to the county zoning office. After telling me that the zoning laws prohibit decks in my neighborhood, the county zoning commissioner says, "I’ll grant you a permit if you’ll pay me $1000.”
That also constitutes the offense of bribery (technically - soliciting a bribe) by the zoning commissioner-requesting a thing of personal value in exchange for a governmental act. Now, Substitute Trump and Zelensky for the aspiring deck builder and the county zoning commissioner.
Replace "a permit in exchange for $1000" with the delivery of congressionally appropriated military aid in exchange for an announcement of a fake investigation into the Bidens. Voila, soliciting a bribe.
Importantly, the crime of soliciting a bribe is complete AT THE ASK!
It matters not if I tell the zoning commissioner, “I will not pay you $1000 for the permit.” That’s no defense to the crime of soliciting a bribe because the crime is complete at the ask. This fact rebuts the often-heard Republican refrain, “but Trump eventually released the aid
so he did nothing wrong when he told Zelensky, ‘I need you to do us a favor though.’” Wrong – the crime was committed and complete at the ask. Now,
returning to yesterday's topic for a moment - conspiracy liability - everyone in government who
assisted in Trump’s bribery scheme is guilty of conspiracy to solicit a bribe. In trying to convince the media and the American people that it was perfectly fine for Trump to demand a ginned-up Biden investigation in return for releasing defense funds to Ukraine,
Mick Mulvaney told us all to “get over it.” Guess what Mick? You may very well have criminal exposure for your obvious complicity in Trump’s bribery scheme. And prosecutors bring conspiracy charges all the time – get over it.
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