Opinion: Dems have little margin for error as they draw up articles of impeachment and should write them carefully
Democrats would be wise to go beyond Trump’s withholding of documents and evidence and include other ways in which he obstructed their investigation, including his public comments in which he lied to the public about the Ukraine scandal and his attempts to intimidate witnesses, such as. The articles of impeachment drawn up by the House against Nixon included similar allegations.
To that end, House Democrats—including Speaker Nancy Pelosi—have begun calling Trump’s conduct “bribery.” I can see why that is an attractive label for Trump’s misconduct. The average American knows what bribery is but has never heard of “abuse of power.”as a technical legal matter it doesn’t quite fit
Another issue is that Trump’s conduct doesn’t fit what the average voter thinks when they hear the word “bribery.” No one slid envelopes of cash under the table to Trump. When I was federal prosecutor, I saw defense attorneys make clever use of the gap between the public perception of a crime and what the defendant actually did, and I’ve done the same thing now that I’m in private practice.
Nonetheless, I can see why Democrats want to include an article charging bribery, given that it is a common term and one that Pelosi and Intelligence Committee Chairman Adam Schiff have used repeatedly. But I can’t see any reason to include a charge of extortion. Extortion is “the extraction of anything of value from another person by threatening or placing that person in fear of injury to any person or kidnapping of any person.
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