There is now overwhelming evidence that president Trump withheld Congressionally-approved aid to Ukraine to pressure that country to conduct investigations that would benefit Trump politically. As Congress begins public impeachment hearings, there is widespread disagreement over whether this conduct is best described as bribery or extortion. Based on this evidence you could say the president extorted Ukraine or you could say the president demanded a bribe from Ukraine -- both would be accurate. But for purposes of impeachment, it's better to call it bribery. Impeachment is not a criminal proceeding, and it's important not to buy into the argument that impeachment requires proof of a criminal offense. On the other hand, both bribery and extortion are in fact crimes, and deciding whether there was serious presidential misconduct justifying impeachment will inevitably be guided by reference to criminal law. In federal law, the elements of extortion by a public official and bribery are very similar. But if this were a criminal prosecution, there would be compelling legal reasons to charge bribery rather than extortion. And those same reasons, coupled with the language of the Constitution, mean that for purposes of impeachment it also is best to refer to the president’s conduct as bribery.
Trump and Ukraine: Call it Bribery, Not Extortion
Trump and Ukraine: Call it Bribery, Not…
Trump and Ukraine: Call it Bribery, Not Extortion
There is now overwhelming evidence that president Trump withheld Congressionally-approved aid to Ukraine to pressure that country to conduct investigations that would benefit Trump politically. As Congress begins public impeachment hearings, there is widespread disagreement over whether this conduct is best described as bribery or extortion. Based on this evidence you could say the president extorted Ukraine or you could say the president demanded a bribe from Ukraine -- both would be accurate. But for purposes of impeachment, it's better to call it bribery. Impeachment is not a criminal proceeding, and it's important not to buy into the argument that impeachment requires proof of a criminal offense. On the other hand, both bribery and extortion are in fact crimes, and deciding whether there was serious presidential misconduct justifying impeachment will inevitably be guided by reference to criminal law. In federal law, the elements of extortion by a public official and bribery are very similar. But if this were a criminal prosecution, there would be compelling legal reasons to charge bribery rather than extortion. And those same reasons, coupled with the language of the Constitution, mean that for purposes of impeachment it also is best to refer to the president’s conduct as bribery.