What was Trump’s Felony?
Donald Trump, the 45th President of the United States, was impeached by the House of Representatives in December 2019 on charges of abuse of power and obstruction of Congress. However, the question remains, what was Trump’s felony?
The Ukraine Scandal
The impeachment inquiry was sparked by a whistleblower complaint filed in August 2019, which alleged that Trump had pressured Ukrainian President Volodymyr Zelensky to investigate his political rival, Joe Biden, and his son Hunter Biden. The complaint also accused Trump of withholding military aid to Ukraine, which was approved by Congress, as part of the pressure campaign.
The Evidence
The evidence presented during the impeachment inquiry revealed that Trump had made multiple requests to Zelensky to investigate the Bidens, including a phone call on July 25, 2019, in which Trump asked Zelensky to "do us a favor" and investigate the Bidens. The evidence also showed that Trump had withheld the military aid to Ukraine, which was intended to help the country fight against Russian aggression.
The Legal Case
From a legal perspective, Trump’s actions could be seen as a felony under the Foreign Corrupt Practices Act (FCPA), which prohibits bribery, kickbacks, and other forms of corruption in international business transactions. The FCPA defines bribery as the offer, payment, promise, or authorization of payment of anything of value to influence an official act or decision.
The Elements of a Felony
To prove that Trump committed a felony under the FCPA, the prosecution would need to establish the following elements:
- Intent: Trump must have intended to influence an official act or decision.
- Corrupt intent: Trump must have intended to corruptly influence an official act or decision.
- Official act or decision: Trump must have attempted to influence a decision or act that is official in nature.
- Thing of value: Trump must have offered or given something of value to influence the official act or decision.
The Felony Charge
Based on the evidence presented during the impeachment inquiry, it could be argued that Trump violated the FCPA by offering or giving something of value (the withholding of military aid) to influence an official act or decision (Zelensky’s investigation into the Bidens). This could be seen as a felony, as it involves the use of official power or influence for personal gain or benefit.
The Legal Ramifications
If Trump were to be convicted of a felony under the FCPA, he could face serious legal consequences, including:
- Fine: A fine of up to $5 million or more.
- Imprisonment: A sentence of up to 5 years or more in prison.
- Loss of presidential immunity: Trump could lose his presidential immunity and be subject to criminal prosecution.
Conclusion
In conclusion, Trump’s actions in the Ukraine scandal could be seen as a felony under the Foreign Corrupt Practices Act. The evidence presented during the impeachment inquiry suggests that Trump withheld military aid to Ukraine in exchange for official acts or decisions from Zelensky, which is a violation of the FCPA. If Trump were to be convicted of a felony, he could face serious legal consequences, including fines and imprisonment.
Table: The Elements of a Felony under the FCPA
| Element | Description |
|---|---|
| Intent | Trump must have intended to influence an official act or decision. |
| Corrupt intent | Trump must have intended to corruptly influence an official act or decision. |
| Official act or decision | Trump must have attempted to influence a decision or act that is official in nature. |
| Thing of value | Trump must have offered or given something of value to influence the official act or decision. |
Bullets: The Legal Consequences of a Felony Conviction
• Fine: A fine of up to $5 million or more.
• Imprisonment: A sentence of up to 5 years or more in prison.
• Loss of presidential immunity: Trump could lose his presidential immunity and be subject to criminal prosecution.
References
- U.S. House of Representatives. (2019). Impeachment Inquiry Report.
- U.S. Department of Justice. (2020). Foreign Corrupt Practices Act.
- Mueller, R. (2019). Report on the Investigation into Russian Interference in the 2016 Presidential Election.
