What Trump is alleged to have done is not a garden variety crime; it’s worse. It involved misusing $250 million in aid appropriated by Congress for his benefit—the kind of gross misconduct that easily clears the bar of high crimes and misdemeanors set by the Constitution when impeaching a president. Which means the best way to hold Trump accountable for that misconduct isn’t a criminal trial; it’s for Congress to impeach him.

Pursuing criminal cases that won’t stand legal scrutiny, or arguing that Trump has violated a criminal statute, risks undermining that goal.

Labeling Trump’s alleged conduct as “bribery” or “extortion” cheapens what is alleged to have occurred and does not capture what makes it wrongful. It’s not a crime—it’s a breach of the president’s duty to not use the powers of the presidency to benefit himself. And he invited a foreign nation to influence the 2020 presidential election on the heels of a nearly three-year investigation that proved Russia had tried to influence the 2016 presidential election.

No one should expect law enforcement to act if our elected representatives are unwilling to do so.