If convicted of violating federal law with bribe to GOP senators, Rosie O’Donnell could face 15 years in prison

Joe NewbyDecember 20, 2017

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As we reported earlier, Trump-hater Rosie O’Donnell offered a $2 million bribe to two GOP senators if they would vote to stop the Tax Cuts and Jobs Act. She later extended that offer to any Republican senator who would take her up on it. But, some said on social media, it appears she violated federal law and could face up to 15 years in prison if she were actually convicted.

Jeff Jacoby, a conservative columnist at the Boston Globe, tweeted: “Here’s a fun fact, @Rosie: Under 18 U.S. Code §201, offering $4 million in bribes to senators to influence a vote is punishable with up to $12m in fines and/or imprisonment for as much as 15 years.”

Here's a fun fact, @Rosie: Under 18 U.S. Code §201, offering $4 million in bribes to senators to influence a vote is punishable with up to $12m in fines and/or imprisonment for as much as 15 years. https://t.co/MReYBS4UHr https://t.co/uj9RpsOddj

— Jeff Jacoby (@Jeff_Jacoby) December 20, 2017

Daily Beast columnist Lachlan Markay added:

Will this presidential election be the most important in American history?

Yes

https://twitter.com/lachlan/status/943472863692185603

That law reads in part:

(b) Whoever—

(1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent—

(A) to influence any official act;

…

shall be fined under this title or not more than three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.

One person suggested to Markay that O’Donnell could face 30 years in prison:

https://twitter.com/NotEricWagner/status/943473778608214016

Technically, if one considers she eventually offered it up to all GOP senators present, that would raise the sentence even higher. Since 51 Republicans voted for the measure, one could argue that O’Donnell technically faces up to 765 years in prison.

Conservative blogger Allahpundit added:

Excited for all of you who are consumed with tax reform this morning, but right now Rosie O’Donnell is a fugitive from the law. Prioritize.

— Allahpundit (@allahpundit) December 20, 2017

The Daily Wire’s Ben Shapiro sarcastically added: “If Trump orders Sessions to investigate Rosie, he will be carved into Rushmore by Friday.”

If Trump orders Sessions to investigate Rosie, he will be carved into Rushmore by Friday.

— Ben Shapiro (@benshapiro) December 20, 2017

That tweet prompted this “intelligent” response from O’Donnell:

https://twitter.com/Rosie/status/943476969710260229

Shapiro advised O’Donnell: “You’re already a felon, Rosie. Don’t be a homophobic sexual harasser too.”

You’re already a felon, Rosie. Don’t be a homophobic sexual harasser too. https://t.co/U4cEM8Hhg0

— Ben Shapiro (@benshapiro) December 20, 2017

Attorney Ken White, also known on twitter as @Popehat, threw a bit of cold water on those hoping to see O’Donnell in prison stripes and leg irons:

/3 But note the statutory language. It's a crime when you "CORRUPTLY" give or offer to give something to a public official to influence an official act.

— OneHitPopehat (@Popehat) December 20, 2017

/4 Courts have found that "corruptly" means you must intend actually to influence or induce the public official to do something. Hence the standard jury instructions for the offense. https://t.co/ON6LWeCeXn

— OneHitPopehat (@Popehat) December 20, 2017

/5 So, for Rosie to be guilty, you'd have to prove beyond a reasonable doubt that the was not joking or trolling but actually intending to influence the senators.

— OneHitPopehat (@Popehat) December 20, 2017

Judging from the tone of her tweets, which can be seen here, she certainly appeared to be making a serious offer…

White, however, said:

/6 Weighing heavily against that would be the low credibility of statements on Twitter, Rosie's general goofy behavior on Twitter, and the extreme unlikeliness that anyone would think that a senator would accept and be influenced by a publicly announced direct bribe.

— OneHitPopehat (@Popehat) December 20, 2017

Actually, her behavior could best be described as “unhinged,” rather than “goofy,” but the point is made…

/7 A joke/troll/performance art offer doesn't meet the elements of the crime. No rational jury would think this was anything but a joke/troll. No crime.

— OneHitPopehat (@Popehat) December 20, 2017

“But,” Twitchy said, “we can still HOPE!”

Absolutely. After all, Sen. Ted Cruz, R-Tex., seemed to agree with Markay: