#Dershowitz was my criminal law prof, and he was a good one. But as a crim law prof myself, I can say his motive argument (Congress shouldn't examine the internal motives of potus so long he could have had a good reason for withholding aid) is shockingly wrong. Here's why:
The crux of any bribery or bribery type case is the defendant's desire to obtain something of personal value. This is actually intent, not motive. So with Trump, the very question is whether he withheld aid with intent to receive the personal benefit of dirt on Bidens.
Trump's motive for getting the dirt (He fears Joe winning, hates Hunter, just rolls that way) is secondary. The important question is whether he sought a personal benefit. If not, it's not bribery or abuse. If so, then it is bribery or abuse. We must ask that question.
Say I donate $10k to my friend"s charity two years in row. Third year I say, "I'll give you the money. Do me a favor though. Kill my boss." It's true that I could have had legit reasons not to give the 10k, but it does not alter that I in fact intended to solicit murder.
If the friend says no and I still give him the money, it does not absolve me of solicitation of murder. So just like my intent to solicit murder turned an otherwise lawful transaction unlawful, Trump's intent to gain personal benefit turns an otherwise lawful aid hold unlawful.
Dersh intimates that we can never really know someone's motive (intent). Charged with murder solicitation, I'd say the same: How do you know I didn't hold the 10k for legit reasons. But Dersh must realize this argument is bunk. We divine intent from evidence all the time.
Perhaps there is a transcript of the call where I ask for the favor. Perhaps I told my closest confidants about my murderous plan. Perhaps I blabbed about it all around town. Nobody could credibly say that I couldn't be convicted because my intent is too hard to.figure out.
The mixed motive argument is also a red herring. When I withhold the 10k from my friend, I may simultaneously be thinking about not donating to the charity ever again. It does not change the fact that I withheld this money this time to get my friend to do my nefarious favor.
