Teri Kanefield @Teri_Kanefield Author, Lawyer (U.C. Berkeley) My threads are here: terikanefield-blog.com/ Bio here: terikanefield.com/about-me George Papadopoulos called me deluded 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:
 https://www.law.cornell.edu/uscode/text/18/201 

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

and


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.



Bookmark

____
Tip: mention @threader_app on a Twitter thread with the keyword “compile” to get a link to it.

Enjoy Threader? Sign up.

Threader is an independent project created by only two developers. The site gets 500,000+ visits a month and our iOS Twitter client was featured as an App of the Day by Apple. Running this space is expensive and time consuming. If you find Threader useful, please consider supporting us to make it a sustainable project.