Page:Impeachment of Donald J. Trump, President of the United States — Report of the Committee on the Judiciary, House of Representatives.pdf/133

 participating in a bribery scheme. In Skilling v. United States, the Supreme Court confirmed that the statute governing "honest services fraud" applies to "bribes and kickbacks," and noted that this concept "draws content from" the federal anti-bribery statute. As such, public officials who engage in bribery may also be charged with honest services fraud.

Fundamentally, the President has deprived the American people of the honorable stewardship that the Nation expects and demands of its chief executive. Since Skilling, federal courts have looked to federal bribery statutes, paying particular attention to Section 201, to assess what constitutes willful participation in a scheme to defraud in the provision of "honest services." As described above, President Trump engaged in conduct that constitutes a violation of Section 201. President Trump conditioned specific "official acts"—the provision of military and security assistance and a White House meeting—on President Zelensky announcing investigations that benefitted him personally, while harming national interests. In doing so, President Trump willfully set out to defraud the American people, through bribery, of his "honest services."

The underlying wire fraud statute, upon which the "honest services" crime is based, requires a transmission by "wire, radio, or television communication in interstate or foreign commerce any writings . . . for the purpose of executing [a] . . . scheme or artifice." President Trump's July 25 call to President Zelensky, as well as his July 26 call to Ambassador Gordon Sondland both were foreign wire communications made in furtherance of an ongoing bribery scheme. Thus, the President's telephone calls on July 25th and July 26th lay bare the final element to find him criminally liable for his failure to provide "honest services" to the American people.

d.Conclusion

For the reasons given above, President Trump's abuse of power encompassed both the constitutional offense of "Bribery" and multiple federal crimes. He has betrayed the national interest, the people of this Nation, and should not be permitted to be above the law. It is therefore all the more vital that he be removed from office.

5.President Trump Poses a Continuing Threat if Left in Office

Impeachment exists "not to inflict personal punishment for past wrongdoing, but rather to protect against future Presidential misconduct that would endanger democracy and the rule of law."