It’s Not Quid Pro Quo–It’s Bribery

Written by Jack Hassard

On November 13, 2019
Ukraine

Using the right words is important when we talk to each other. Wouldn’t you agree? A group of 33 writers think some words being used in the impeachment inquiry need to be changed. In short, “Quid Pro Quo” are the words in question. Why?

Firstly, Quid Pro Quo is not necessarily doing something illegal. I was involved in a quid pro quo many years ago. I was professor of science education at Georgia State University at the time. Moreover, in that role, I made arrangements with local schools to place graduate student interns in classrooms in the Atlanta area on many occasions.

In one instance, the head of the science department of a high school asked if I would conduct seminars on science teaching for the science faculty. He mentioned that it would be sort of a “quid pro quo.” In other word, Tit for tat, favor for a favor, you scratch my back, and I’ll scratch yours. It was a professional exchange in which we each benefited. Certainly, no crime in that.

Words Matter

President Trump and President Zelensky of Ukraine spoke on July 25, 2019. The words they used matter, as well as the intent behind the words. The Quid pro quo Latin phrase does not appear in the written transcript of the phone call. However, if the favor being asked for is out of balance with what is given in return, then a question of ethics and legality might arise. Could it be that President Trump is harassing President Zelensky? Did he do something illegal.

Consequently, the impeachment inquiry is not about a simple quid pro quo. There was nothing simple about what Trump demanded from Zelensky.

The City of Kiev, Ukraine. Image by ????? ???????? from Pixabay
Abuse of Power

Above all, Trump abused presidential powers for personal advantage. He asked the head of a foreign government to do him a favor. The favor was to investigate a political rival. He even solicited the help of the Attorney General and his personal lawyer, Rudy Giuliani.

For example, interesting phrases appear in the phone call. I retrieved these from the New York Times article that includes the full document of the Ukraine call.

Trump’s Words
Excerpt of Phone Call
Trump’s Words
Intent
My interpretation
1. I will say that we do a lot for
Ukraine..it isn’t reciprocal..
We have a lot of aid
for you, but…
2. I would like you to do us a favor Trump is asking for
something of value in return for aid
3. I will ask him (Giuliani) to call you along with the Attorney General.They are pushing
conspiracy theories
about the Bidens.
4. There’s a lot of talk about Biden’s
son..
Asking Zelensky to investigate one of his political rivals & his son

Table 1. Sampling of excerpts and interpretation of these from the Trump-Zelensky phone call


Trump’s Words In Context

Words don’t stand alone. This section includes the context for each of the excerpt’s in Table 1. Likewise, you might want to read the full transcript of the phone call here. The numbers that follow correspond to the numbers in Table 1.

1.I will say that we do a lot for Ukraine. We spend a lot of effort and a lot of time…but the United States has been very very good to Ukraine. wouldn’t say that it’s reciprocal necessarily because things are happening that are not good but the United States has been very very good to Ukraine.


Above all, Trump is clever here. On the one hand he lets Zelensky know that he has something valuable that might be available to Ukraine. However, he’s looking for reciprocity for what he has of value. Foreign aid for an investigation into a political rival. That’s what it looks like.


2. I would like you to do us a favor though because our country has been through a lot and Ukraine knows a lot about it. would like you to find out what happened with this whole situation with Ukraine, they say Crowdstrike…

I guess you have one of your wealthy people… The server, they say Ukraine has it. There are a lot of things that went on, the whole situation. I think you’re surrounding yourself with some of the same people. I would like to have the Attorney General call you or your people and I would like you to get to the bottom of it.


Trump is now laying a trap for Zelensky. He is repeating a conspiracy theory which claims Ukraine was involved in stealing emails from the Democratic National Committee’s server in 2016. This, of course has been debunked.

Here Comes Rudy and Bob


3. Mr. Giuliani is a highly respected man. He was the mayor of New York City, a great mayor, and I would like him to call you. I will ask him to call you along with the Attorney General. Rudy very much knows what’s happening and he is a very capable guy. If you could speak to him that would be great.


Enter Giuliani, America’s mayor, or Trump’s personal envoy. He wants President Zelensky to talk directly to Rudy. The Attorney General is recruited.


4. The other thing, There’s a lot of talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney General would be great. Biden went around bragging that he stopped the prosecution so if you can look into it… It sounds horrible to me.


Here Trump attempts to bribe Zelensky by asking him to investigate the Biden Family, one of his major political rivals. In return he’ll get foreign aide.

Zelensky’s Words

This is what Zelensky said after Trump asked him to investigate the Bidens.

…my person, my candidate, who will be approved by the parliament and will start as a new prosecutor in September. He or she will look into the situation, specifically to the company that you mentioned in this issue. The issue of the investigation of the case is actually the issue of making sure to restore the honesty so we will take care of that and will work on the investigation of the case. On top of that, I would kindly ask you if you have any additional information that you can provide to us, it would be very helpful for the investigation.

Zelensky agrees to look into a Ukrainian power company, and the Biden’s.

Above all, the words that Trump and Zelensky used are important. Later in this piece I will show that its the words and the intent behind the words that are significant. The words will show the illegality of the phone call.

Missing Words: The Ellipses…

However, there are words that are missing from the transcript. Notice the ellipses in the transcript, especially in #3. According to the Times, the ellipses represent content removed from the reconstructed transcript of the call.

Lt. Col. Alexander Vindman, top National Security Council’s Ukraine expert, testified that he tried to edit the transcript of the phone call. According to Lt. Col. Vindman, that references to some Biden tapes, and the name of “the company” (Burisma) were removed from the transcript. What other words were removed?


Where are the Words Bribery and Extortion?

The words to use are bribery and extortion. Bribery and extortion are criminal acts; quid pro quo normally is not criminal.

Trump committed a crime. He bribed the President of Ukraine to open an investigation into his political rivals family for his owns benefit.

What is Bribery?

We read about and watch reports about government officials being charged with bribery. The government official is bribed by being offered something of value. In turn, the government official provides something in return—maybe a contract. This is a form of corruption, but it can exist in many forms. Have you heard of extortion, patronage, or influence peddling? All are forms of corruption.

Here is one definition of bribery that might help draw a comparison to the Trump impeachment case.

Bribery is the offer or acceptance of anything of value in exchange for influence on a government/public official or employee. In general, bribes can take the form of gifts or payments of money in exchange for favorable treatment, such as awards of government contracts. Other forms of bribes may include property, various goods, privileges, services and favors.

Was the President of the United State corrupt and offering a bribe in his dealing with President Zelensky?

Corruption

The Impeachment proceeding which have begun in the House. Although specific Articles of Impeachment have not been written, the House is getting testimony from government officials related to the case.

Which of the following do you think is an element is a case of bribery against President Trump?

  • The person being bribed, is a public official.
  • A thing of value has been offered.
  • There is an official act that may influence the bribe–in this case the release of hundreds of millions of financial aid to Ukraine.
  • The public official (Trump) has power to act on the release of financial aid.
  • There must be intent on the part of the bribing party (Trump) to get a desired result (Information of the Biden’s).
  • Is there a causal connection between information Trump will get on Biden and the release of $400 million to Ukraine?

List 1. Elements of Bribery according to Findlaw’s Team.


Certainly, the elements listed above can be interpreted as existing in the Trump-Zelensky phone call. Trump was after something that was important to him. He was willing to use his position as President of the United States to advantage himself against a political rival. He held out a bribe of a lot of funding to a country that was in need. The act of bribery can carry a prison sentences.

Trump abused presidential powers for personal advantage.

Impeachment

The House has begun its public impeachment hearings. Mr. Trump has now found himself in the same company as Presidents Andrew Johnson, Richard Nixon and Bill Clinton.

There is substantial evidence that Trump committed impeachable acts. Impeachment is a responsibility of the House of Representatives. Meanwhile, the White House is staging a battle of non-compliance, and building a wall between itself and the House efforts to carry out its responsibility.

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