Thread by @jedshug

If Sondland's gambit is to lie tomorrow and hope for a pardon from a grateful Trump...
That's a bad idea.

1. Pardons don't affect state law.

2. And NY criminal law on extortion and conspiracy jurisdiction would apply to Sondland if he phoned @RudyGiuliani in NY.

@RudyGiuliani 3/ For the same reason, NY state prosecutors (@CyVance) could possibly indict @RudyGiuliani, Parnas, and Fruman for extortion conspiracy.

It's 3 legal steps:
1. NY conspiracy jurisdiction 105.25
2. Federal extortion/bribery law 18 USC 201
3. NY state extortion law 155.05

@RudyGiuliani @CyVance 4/
Step 1: NY conspiracy jurisdiction:

@RudyGiuliani @CyVance 5/
Step 2A: Federal bribery, 18 USC 201 (soliciting)
The public official is Trump.
The official act is releasing the appropriated arms.
The "thing of value" from Ukraine would've been a negative campaign hit or investigation/oppo research against Biden.

@RudyGiuliani @CyVance 6/
Step 2B or 2C: some have suggested federal extortion under Hobbs Act (18 USC 1951) or felony campaign finance violations. But federal bribery is sufficient.

See @BarbMcQuade:
thedailybeast.com/if-whistleblow…

@RudyGiuliani @CyVance @BarbMcQuade 7/
Step 3: NY state law 155.05:
Extortion is a form of “larceny," a “wrongful taking” of property.
The most relevant form is “compel[ling] or induc[ing] another person to deliver such property... by means of instilling in him a fear that...
codes.findlaw.com/ny/penal-law/p…

@RudyGiuliani @CyVance @BarbMcQuade 8/ Cont.
"...if the property is not so delivered, the actor…will perform an act...which is calculated to harm another person materially w/respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.”
codes.findlaw.com/ny/penal-law/p…

@RudyGiuliani @CyVance @BarbMcQuade 9/ Withholding of military aid was wrongful (criminal under federal bribery, etc), calculated to materially harm Zelensky and Ukrainians, & a scheme both to harm Biden and to gain property for Trump’s benefit.

@RudyGiuliani @CyVance @BarbMcQuade 10/ NY defines property broadly here:
"Property" includes a "thing of value... for charge or compensation." NY precedents apply this definition to both tangible & intangible property, including intangible interests like milk routes and services like restaurant refuse services.

@RudyGiuliani @CyVance @BarbMcQuade 11/
Opposition research is clearly a thing of value for which a candidate would ordinarily compensate the investigator.

Producing a televised statement or document produced as negative advertising is similarly a thing of value for which a production company would charge.

@RudyGiuliani @CyVance @BarbMcQuade 12/
Back to jurisdiction:
Giuliani met with and overtly advanced this conspiracy with Fruman and Parnas in NYC. That creates probable cause for jurisdiction.
If Sondland talked to Giuliani in NYC by phone/text during conspiracy, that's likely enough for probable cause, too.

@RudyGiuliani @CyVance @BarbMcQuade 13/ Bonus:
Who else may have called Giuliani while he was in NY?
Someone who speaks very loud into cell phones from Washington DC about criminal conspiracies...?

Cc: @realDonaldTrump