In Texas, bribery is intentionally conferring a benefit as consideration for the recipient's exercise of discretion as a public official. The federal bribery statute prohibits the giving or accepting of anything of value to or by a public official, if the thing is given "with intent to influence" an official act, or if it is received by the official "in return for being influenced."

Proof of bribery requires a "quid pro quo," a favor granted expecting something in return. Bribery is a crime that has sunk the careers of many public officials.

New York City Mayor Eric Adams has maintained his innocence since being indicted in September on five counts, including bribery, wire fraud and solicitation of a contribution by a foreign national. Prosecutors had alleged Adams, a Democrat, accepted and sought bribes — dating back to 2014 and continuing through his time as mayor. The bribes came from wealthy business people and a foreign government in exchange for political favors, according to The Hill.

Recently, former Democratic Sen. Robert Menendez was sentenced to 11 years for bribery, being a foreign agent, and obstruction of justice offense in the U.S. District Court for the Southern District of New York, the same district that Adams was charged. Menendez was convicted on July 16, 2024, following a nine-week jury trial.

Between 2018 and 2022, Menendez and his girlfriend accept hundreds of thousands of dollars' worth of bribes from several men representing foreign countries and themselves. These bribes included gold, cash, a luxury convertible, payments toward the girlfriend's mortgage, compensation for a low-or-no-show job for her, home furnishings, as well as other things of value.

Ironically, the same U.S. attorney who successfully prosecuted Menendez was asked to dismiss the charges against Adams. U.S. Attorney for Southern District of New York Danielle Sassoon refused to dismiss the charges and resigned. The Trump Justice Department informed Sassoon that in exchange for dropping the charges, Adams would assist in "enforcing the federal immigration laws."

In a letter to Attorney General Pam Bondi, Sassoon wrote that Adams' attorneys "repeatedly urged what amounted to a quid pro quo." There is that that term — quid pro quo. The deal? Drop the criminal charges and the mayor will see that New York City fully cooperates in the far-reaching immigration crackdown.

Then there is the rumored settlement agreement between the president and CBS News. Donald Trump sued CBS News for editing a "60 Minutes" segment that involved Vice President Kamala Harris, then the Democratic nominee for president.

Seth Stern of the Freedom of the Press Foundation recently suggested that the suit alleging CBS violated the Texas consumer protection law by editing the Harris interview is frivolous. CBS produced a transcript of the interview that shows there was nothing unusual or nefarious about the edits. Rebecca Tushnet, the Frank Stanton professor of First Amendment law at Harvard Law School, told CNN the suit is "ridiculous junk and should be mocked."

Nevertheless, the Trump administration's new Federal Communications Commission Chair Brendan Carr ordered CBS News to hand over the unedited transcript as part of its investigation into whether the network violated the FCC's "news distortion" policy after a complaint was filed, according to Fox News.

More troubling, Fox News reported CBS parent company Paramount Global is reportedly considering settling the suit ahead of a planned merger with Skydance Media in hopes of preventing potential retribution by the newly configured FCC, which has the authority to halt the multibillion-dollar transaction.

Again, that darn quid pro quo pops up. In essence, settle the suit and the merger moves forward. This is more than a theoretical consideration. The Wall Street Journal recently reported that Paramount Global is wrestling with whether to settle, and how it might do so without exposing executives to future legal threats, such as accusations of bribery.

The Wall Street Journal also revealed that Paramount Global executives, in recent weeks, have discussed the risk that paying such a settlement could expose directors and officers to liability in potential future shareholder litigation or criminal charges for bribing a public official.

Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book "The Executioner's Toll, 2010" was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Bluesky @matthewmangino.bsky.social.

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