The Lawfare Podcast Lawfare Daily: Bribery and the Second Trump Administration with John Keller
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Jul 11, 2025 Join John Keller, a partner at Walden, Macht, Haran, & Williams and former chief of the Public Integrity Section at the DOJ, as he delves into the intricacies of bribery law. He explores whether certain actions during Trump's second administration could be seen as bribery, including a lucrative settlement and pro bono legal services. Keller breaks down concepts like 'quid pro quo' and emphasizes the challenges of proving corrupt intent, particularly in high-stakes political negotiations. A thought-provoking discussion on ethics, accountability, and the legal landscape unfolds!
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Elements of Criminal Bribery
- Bribery requires a thing of value exchanged for an official act with corrupt intent.
- The official act must be a meaningful decision or action on a pending question or matter.
President's Prosecution Complexity
- Bribery prosecution of a sitting president is unlikely due to DOJ opinion against it.
- Charging a former president is more complex and would face a high legal bar.
Paramount Lawsuit Settlement Context
- Paramount's $16 million lawsuit settlement while awaiting FCC merger approval sparked bribery allegations.
- The lawsuit was seen as frivolous, making the settlement raise questions about motives.