"So first of all, free legal advice for everybody, do not accept $50,000 in a bag just as a general rule. Now my prosecutorial antenna are definitely up at this scenario, but it's also important to understand the bribery laws can be confusing, and at times confounding. So one of the potential issues here is it's not necessarily a crime for a person to take a bribe, a benefit, On the promise of, If I get into office, I will do something for you."
"There's some very confounding law I don't like it, but that exists out there that says you have to wait until the person gets in office. The other complication is the exchange in a bribe is some benefit, cash, for an official act. And the Supreme Court just in 2017 said that an official act cannot just be setting people up with access, getting people meetings, getting people in the door."
"It has to be something specific like casting a vote in a certain direction. And so you need to and by the way, if you don't like that decision, it was unanimous, so Ruth Bader Ginsburg agreed with Clarence Thomas in that one, so I don't like it, but it has nothing to do with partisanship so those are some of the nuances that we need to know details of, and that prosecutors would be doing a deep dive on."
FBI agents posing as businessmen recorded Tom Homan accepting $50,000 in cash in exchange for efforts to secure federal government contracts. The Department of Justice halted the investigation after Donald Trump took office. Bribery law can be legally complex: mere receipt of cash or a promise may not constitute a crime if liability requires the official to be in office or the benefit must be tied to a specific official act. A 2017 Supreme Court decision narrowed the definition of an official act, excluding mere facilitation or meetings. Prosecutors would need detailed evidence, and Congress faces policy decisions.
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