An exclusive excerpt from Supreme Court lawyer Neal Katyal and Sam Koppelman's 'Impeach: The Case Against Donald Trump.'
The Convention that would ultimately draft our Constitution took place during a hot Philadelphia summer in 1787—and for months, our founders couldn't decide how to define an impeachable offense or whether impeachment even belonged in our Constitution. Gouverneur Morris led the opposition to impeachment, arguing that Congress should not have the power to remove a president from office.
Of course, the Constitution doesn't provide a definition of bribery, nor, as law professor Laurence Tribe, writing with Joshua Matz, notes in,"did federal law do so until 1853." So how did our founders expect Congress to define it? The first came when Zelensky mentioned wanting to purchase Javelins from the United States, prompting Trump to say,"I would like you to do us a favor, though."
Nobody literally says"this for that," but"I would like you to do us a favor, though," is about as close as it gets. Of course, even if the aid hadn't been on the line, Trump would be guilty of bribery, since even subtle offers of quid pro quo from a president are grounds for impeachment. Why? Because whenever the president asks for a favor from a foreign country—with the power of the U.S. Treasury and the U.S. military at his disposal—a quid pro quo is always implicit.
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