1/ If Trump promised foreign aid to Ukraine in exchange for investigating Biden's son, that is obviously corrupt and should meet any definition of a "high crime" for impeachment.
It's also "bribery" as commonly understood, but I'm not sure it fits the federal bribery statute.
It's also "bribery" as commonly understood, but I'm not sure it fits the federal bribery statute.
2/ The bribery statute is all about bribing public officials *in the United States*, and defines public officials in that fashion. (You can check out the definition yourself, below.) So I disagree with legal analysts who cite that statute. law.cornell.edu/uscode/text/18…
3/ The more likely charge here would be one of two things.
First, a campaign finance charge, if the purpose of the bribery is to influence a federal election. (Given that Biden is leading in the polls, this has some appeal on its face.)
First, a campaign finance charge, if the purpose of the bribery is to influence a federal election. (Given that Biden is leading in the polls, this has some appeal on its face.)
4/ Second, a Foreign Corrupt Practices Act charge for bribing a foreign official.
The issue with that charge would be that, as president, Trump has control of our foreign policy apparatus and can make foreign policy decisions on behalf of the United States.
The issue with that charge would be that, as president, Trump has control of our foreign policy apparatus and can make foreign policy decisions on behalf of the United States.
5/ This is not a garden variety bribe. Our criminal law system is not set up to deal with a president using his constitutional authority to engage in corrupt behavior. The remedy for that conduct is impeachment and removal from office. /end
