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.
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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