Teri Kanefield
+ Your AuthorsArchive @Teri_Kanefield Author, lawyer (UC Berkeley) My threads are here: terikanefield-blog.com/ NBC News Opinion contributor Impeachment notes: impeachment-trump.com/ Oct. 21, 2019 1 min read

1/ That's exactly how to frame it.

Quid pro quo is one of the elements of bribery.

Extortion is an entirely separate crime.

[Bonus: This explanation will help you with the Criminal Law portion of the Twitter Bar Exam.]

To obtain a conviction, a prosecutor must . . .

2/ . . . prove each element of the crime beyond a reasonable doubt.

Each crime has specifically defined elements.

You can find them in the criminal code.

Once upon a time, about 20 years ago, you needed a law library.

Now you need Google.

Type: Elements of bribery / federal

3/ Each state has its own. There's a separate federal code.
I like Cornell's database:

What you don't find in the statutes is that the Supreme Court recently made it more difficult to prove the elements of bribery.

4/ I think the case is called McConnell something.

You can find it by typing Supreme Court Bribery / Quid Pro Quo into Google, Esq.

It's coincidence that Trump started right away with the "no quid pro quo." Someone told him SCOTUS has made it hard to prove bribery.

5/ For why the criminal code doesn't apply in impeachment proceedings, see


Which is why @feline_cannon's (the o.p.) framing was correct.

This repeats a bit from the thread I'm about to post.

6/ Extortion more accurately describes Trump's behavior.

People are talking about quid pro quo because Trump wants that. See:

But we shouldn't talk about crimes at all. We should talk about abuse of power.

Are you taking notes for the Twitter Bar Exam?

Tweet #4 should have been: NOT a coincidence.

Lisbeth needs a Twitter Law study group.

I need a proofreader.

And this:

Maybe because of my years in criminal defense (appellate work) framing Trump's behavior as any sort of crime feels like a trivialization.

Abusing his power, placing himself above the law, and giving himself powers of a tyrant has more force.

You can follow @Teri_Kanefield.


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