Sunday, December 15, 2019

Bribery or extortion?

There was some mention in recent weeks of the word bribery to describe Trump's actions vis a vis Zelensky and the Biden investigation he wanted announced. Ultimately the word didn't appear in the Articles as voted on by the House Judiciary committee. In his testimony before the House Intelligence committee, Noah Feldman suggested that because bribery wasn't a statutory felony when the Constitution was written, the word had a more expansive definition in the minds of the Founders than it commonly does today.

But since impeachment is about swaying public opinion, using antiquated language is not going to move the needle, or for that matter, Republican self-serving head-in-the-sand denials, however much more directly it appears to connect Trump's misbehaviour to the Constitution.

Bribery is generally seen as an offer made to tempt its potential recipient to act in an improper manner. Bribery is distinct from trade in that it implies the act sought contravenes some rule or regulation.

Blackmail and extortion on the other hand are based on a threat, generally of dire consequences, rather than an offer of something of value. With a bribe, the recipient will be better off then before after the exchange. In extortion the best the target of the blackmail can expect is that they won't be significantly worse off. That is perhaps why extortion seems far more egregious than bribery.

It could be argued that the offer of a White House meeting was a bribe since it would benefit Zelensky and wasn't something that he already had.  The withholding of Congressionally appropriated funding, by contrast, was something that Zelensky could reasonably have expected was rightfully his and Trump was threatening to taking it away.

Despite the distinction, neither are acceptable or excusable. 

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