the offense of bribery turns on the corrupt intent to receive a thing of value in return for being influenced in official action.
In any event, probing the President’s intent in a criminal matter is unquestionably constitutional in at least one context: the offense of bribery turns on the corrupt intent to receive a thing of value in return for being influenced in official action. 18 U.S.C. § 201( b)( 2). There can be no serious argument against the President’s potential criminal liability for bribery offenses, notwithstanding the need to ascertain his purpose and intent. See U.S. Const. Art. I, § 3; Art. IT, § 4; see also Application of 28 U.S.C. § 458 to Presidential Appointments of Federal Judges, 19 Op. O.L.C. at 357 n.l 1 (“ Application of § 201 [to the President] raises no separation of powers issue, let alone a serious one.”).
