https://www.manhattancontrarian.com/blog/2019-11-16-the-trump-impeachment-what-is-the-crime-2
It was right around the time that I was writing my last post (“The Trump Impeachment: What Is The Crime?”) that House Democrats started using the word “bribery” to describe what they are looking into. OK, that’s a start. Shall we consider it further?
Bribery is a real crime, and it’s even mentioned in the Constitution as a basis for impeachment. But there are two major problems with trying to fit the square peg of the Trump/Ukraine fact pattern into the round hole of the impeachable crime of “bribery.” The first is that if providing to a politician some intangible political advantage can be characterized as a “bribe,” then most of what politicians do all day would become “bribery.” The second is that calling President Trump’s conduct as to Ukraine “bribery” invites comparison with the conduct of Joe and Hunter Biden in the same country, and calls for testing the conduct of each against the words of the applicable statute to see which is the better fit.
As discussed in the previous post, it’s only a “crime” if you can fit within the exact words of some criminal statute passed by Congress. In the case of the crime of bribery of a federal official, the main statute is 18 U.S.C. Section 201(b). Here are the words of the relevant portion:
(b) Whoever . . . (2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for: (A) being influenced in the performance of any official act . . . shall be fined under this title . . . or imprisoned for not more than fifteen years, or both.