The attached takes facts from the L.A Times and juxtaposes them with the
federal bribery statute, 18 USC 201. I think the facts clearly suggest that
Newt has violated the statute, particularly section (c), sometimes called the
gratuity section, which requires no quid pro quo.

Attached are the facts of an incident in which a fast food lobbyist named
Richard B. Berman gave Newt Gingrich a $25,000 contribution to his infamous
history course. The lobbyist actually hand wrote "Newt -- Thanks again for
the help on today's committee hearing." on the letter giving the $25,000.
This fact, at least, is undisputed.

Also attached is 18 USC 201, the federal bribery statute.  I know its dense,
but look particularly at what an official act is --- "any decision or action
on any question, matter, cause, suit, proceeding or controversy, which may at
any time be pending, or which may by law be brought before any public
official, in such official's official capacity, or in such official's place
of trust or profit" 201(a)(3).

Also look at the gratuity part of the statute 201(c) which makes someone a
criminal who:

"being a public official, ... directly or indirectly demands, seeks,
receives, accepts, or agrees to receive or accept anything of value
personally for or because of any official act performed or to be performed by
such official or person" 201(c)(B)

OR

"directly or indirectly, gives, offers or promises anything of value to any
person, for or because of the testimony under oath or affirmation given or to
be given by such person as a witness upon a trial, hearing, or other
proceeding, before any court, any committee of either House or both Houses of
Congress" 201(c)(2)

Tell me what you think,
Allen

ATTACHED FACTS AND LAW:

Anatomy of a Contribution [from L.A. Times]

   March, 1993: Rep. Newt Gingrich approaches Richard B. Berman about helping
to sponsor Gingrich's college course, "Renewing American Civilization," at
Kennesaw State College. Berman is a lobbyist and executive director of
Employment Policies Institute, which represents 30 restaurants, fast-food
chains, hotels and other businesses.

   May, 1993: Berman meets with the fundraising director for GOPAC, a
Republican political action committee headed by Gingrich. The fund-raiser
writes that Berman expressed interest in giving $20,000 to $25,000 if the
course can incorporate certain ideas that concern Berman's restaurant chain
clients.

   July 1, 1993: Berman sends a $25,000 check payable to the college to
Gingrich on behalf of the Employment Policies Institute. On the cover letter,

hearing." That day, Berman testifies at a House Judiciary subcommittee
hearing on behalf of another client, the American Beverage Institute. He
voices opposition to a pending bill to lower the blood-alcohol level for
drunk driving.

   1994: Berman contributes another $5,000 for Gingrich's course.

   Sept. 7, 1994: In a House ethics committee complaint, Ben Jones,
Gingrich's November election opponent, cites the Berman note and check as one
of several alleged violations of House rules. In an amended complaint filed
Jan. 26, 1995, Jones charges that the transaction violated federal bribery
laws.

   February, 1995: Gingrich vows that he'll be cleared of all of Jones'
allegations. Berman calls Jones' charge "ludicrous." He says he added the
reference to the hearing because Gingrich's office was one of several he had
called seeking to get on the witness list, and he decided to thank Gingrich
in case the lawmaker had helped. But Berman says subcommittee staff put him
on the panel and "Gingrich didn't even know about the call."

   Source: Kennesaw State College files, House and campaign records and
interviews

18 USC  201
TITLE 18.  CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
Current through P.L. 103-465, approved 12-8-94

s 201. Bribery of public officials and witnesses

(a) For the purpose of this section--
(1) the term "public official" means Member of Congress, Delegate, or
Resident Commissioner, either before or after such official has qualified, or
an officer or employee or person acting for or on behalf of the United
States, or any department, agency or branch of Government thereof, including
the District of Columbia, in any official function, under or by authority of
any such department, agency, or branch of Government, or a juror;
(2) the term "person who has been selected to be a public official" means any
person who has been nominated or appointed to be a public official, or has
been officially informed that such person will be so nominated or appointed;
and
(3) the term "official act" means any decision or action on any question,
matter, cause, suit, proceeding or controversy, which may at any time be
pending, or which may by law be brought before any public official, in such
official's official capacity, or in such official's place of trust or profit.
(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;  or
(B) to influence such public official or person who has been selected to be a
public official to commit or aid in committing, or collude in, or allow, any
fraud, or make opportunity for the commission of any fraud, on the United
States;  or
(C) to induce such public official or such person who has been selected to be
a public official to do or omit to do any act in violation of the lawful duty
of such official or person;
(2) being a public official or person selected to be a public official,
directly or indirectly, corruptly demands, seeks, receives, accepts, or
agrees to receive or accept anything of value personally or for any other
person or entity, in return for:
(A) being influenced in the performance of any official act;
(B) being influenced to commit or aid in committing, or to collude in, or
allow, any fraud, or make opportunity for the commission of any fraud, on the
United States;  or
(C) being induced to do or omit to do any act in violation of the official
duty of such official or person;
(3) directly or indirectly, corruptly gives, offers, or promises anything of
value to any person, or offers or promises such person to give anything of
value to any other person or entity, with intent to influence the testimony
under oath or affirmation of such first-mentioned person as a witness upon a
trial, hearing, or other proceeding, before any court, any committee of
either House or both Houses of Congress, or any agency, commission, or
officer authorized by the laws of the United States to hear evidence or take
testimony, or with intent to influence such person to absent himself
therefrom;
(4) directly or indirectly, corruptly demands, seeks, receives, accepts, or
agrees to receive or accept anything of value personally or for any other
person or entity in return for being influenced in testimony under oath or
affirmation as a witness upon any such trial, hearing, or other proceeding,
or in return for absenting himself therefrom;

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.
(c) Whoever--
(1) otherwise than as provided by law for the proper discharge of official
duty--
(A) directly or indirectly gives, offers, or promises anything of value to
any public official, former public official, or person selected to be a
public official, for or because of any official act performed or to be
performed by such public official, former public official, or person selected
to be a public official;  or
(B) being a public official, former public official, or person selected to be
a public official, otherwise than as provided by law for the proper discharge
of official duty, directly or indirectly demands, seeks, receives, accepts,
or agrees to receive or accept anything of value personally for or because of
any official act performed or to be performed by such official or person;
(2) directly or indirectly, gives, offers or promises anything of value to
any person, for or because of the testimony under oath or affirmation given
or to be given by such person as a witness upon a trial, hearing, or other
proceeding, before any court, any committee of either House or both Houses of
Congress, or any agency, commission, or officer authorized by the laws of the
United States to hear evidence or take testimony, or for or because of such
person's absence therefrom;
(3) directly or indirectly, demands, seeks, receives, accepts, or agrees to
receive or accept anything of value personally for or because of the
testimony under oath or affirmation given or to be given by such person as a
witness upon any such trial, hearing, or other proceeding, or for or because
of such person's absence therefrom;

shall be fined under this title or imprisoned for not more than two years, or
both.
(d) Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of
subsection (c) shall not be construed to prohibit the payment or receipt of
witness fees provided by law, or the payment, by the party upon whose behalf
a witness is called and receipt by a witness, of the reasonable cost of
travel and subsistence incurred and the reasonable value of time lost in
attendance at any such trial, hearing, or proceeding, or in the case of
expert witnesses, a reasonable fee for time spent in the preparation of such
opinion, and in appearing and testifying.
(e) The offenses and penalties prescribed in this section are separate from
and in addition to those prescribed in sections 1503, 1504, and 1505 of this
title.