SO SAYETH THE LATE JUSTICE ANTONIN SCALIA: “The term ‘corruptly’ in criminal laws has a long-standing and well-accepted meaning. [It] denotes ‘[a]n act done with an intent to give some advantage inconsistent with official duty...”
Read it and weep, GOP. https://www.lawfareblog.com/special-counsels-constitutional-analysis-corrupt-intent-and-take-care-clause …
Has Trump said publicly (and repeatedly) that he likes how Scalia saw the law? Let's find out: https://www.youtube.com/watch?v=WPbM70t-d5o …
By Scalia’s reading of the term “corruptly,” the position taken by Sen. Kennedy (R-LA) will require him to argue there was *no advantage* Trump could've received from investigations of his two chief political rivals that would've been inconsistent with his official duty as POTUS.
The reason that will be *exquisitely* hard is that one of the *chief duties* Trump has as president is releasing funds already appropriated by Congress. So his *obvious* personal benefit—in seeking probes of Clinton and Biden—was *literally* inconsistent with the duty he has/had.
Moreover, there's *zero* evidence Trump has *ever* sought a corruption investigation of *any* American—let alone held up aid for this reason—*other* than his two chief political rivals, making it *impossible* for him to credibly argue that he saw doing this as part of his "duty."
You can follow @SethAbramson.
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