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Should Trump be impeached and removed from office? Here are four questions to ask. Their answers lead to only one conclusion.
Question 1: Did Trump ask the President to Ukraine to launch
an investigation of Biden and his son?
If not, then there is no impeachable offense since what is
charged did not happen.
What We Know:
According to the summary of the phone call Trump did ask for the
investigation.
Question 2: Why did Trump ask Ukraine to investigate the
Bidens?
If the request was made because Trump was primarily
concerned that the money the U.S. gave to Ukraine might be mis-used because of
widespread corruption in Ukraine, then the request may well have been
legitimate as a request in the national interest. If on the other hand, the
request was made because Trump wanted Ukraine to undertake an investigation
that might be harmful to a political opponent, then the request would be
evidence of the use of powers of the office of the Presidency for personal
and/or political gain. That is
impeachable as a violation of oath of office and the public trust.
What We Know: There
is no evidence that the Trump administration was concerned about corruption in
Ukraine prior to the time it became obvious that Biden would be a major
challenger to Trump in 2020. The Trump
administration had not raised objections before Congress or publicly about funds
being given to Ukraine due to possible corruption. Supporters of Trump, particularly by Rudy Giuliani,
were trying to use Ukraine to get political dirt on Biden that would be helpful
if Biden ran against Trump. Trump knew
about this effort and promoted it. Giuliani
urged Trump to use the influence of the Presidency and the threat of
withholding funds from Ukraine to get Ukraine to launch an investigation into
the Bidens or at least announce they were doing so.
Question 3: Was there a Quid Pro Quo?
While a Quid Pro Quo is NOT necessary to show that Trump
abused the powers of the Presidency, it would be much more damning for Trump if
he threatened Ukraine with some penalty if they failed to comply with his
request that they investigate Biden.
What We Know: Trump
refused to release millions of dollars of funds Congress had approved for
Ukraine for a number of months without any public explanation of why the funds
were not being released. In the
telephone conversation with the President of Ukraine, Trump asked for a favor
immediately after reminding the President of Ukraine of the support the U.S.
had provided Ukraine in the past.
According to sworn testimony from individuals who had reason to know,
members of the administration told Ukraine representatives that an invitation
for the Ukraine President to visit the White House and future funding depended
upon Ukraine’s compliance with Trump’s request for dirt on Biden. This demand would constitute a Quid Pro Quo—Either
you comply with Trump’s request or you will not be getting the invitation or
the funds.
Question 4: Has Trump committed an impeachable offense?
Article II, Section 4 of the U.S. Constitution says:
The President, Vice President and all civil Officers of
the United States, shall be removed from Office on Impeachment for, and
Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Article III, Section 3 of the U.S. Constitution says: Treason
against the United States, shall consist only in levying War against them, or
in adhering to their Enemies, giving them Aid and Comfort.
Treason as defined in the Constitution does not apply in
this case.
The U.S. Constitution does not define the terms “bribery” or “other high Crimes and Misdemeanors.”
Under U.S. Law, Bribery refers to the offering, giving,
soliciting, or receiving of any item of value as a means of influencing the
actions of an individual holding a public or legal duty. Proof of bribery under the law requires the
demonstration of a quid pro quo. https://www.law.cornell.edu/wex/bribery
In Federalist Paper 65, Alexander Hamilton, said high crimes
and misdemeanors involved "offenses which proceed from the misconduct of
public men, or, in other words, from the abuse or violation of some public
trust." Similarly, during the Nixon
impeachment, the House Judiciary Committee staff said the phrase historically
and as understood by the framers of the Constitution meant offenses like
"misapplication of funds, abuse of official power, neglect of duty,
encroachment on Parliament’s prerogatives, corruption, and betrayal of trust.”
President Gerald Ford, said: "An impeachable offence is
whatever a majority of the House of Representatives considers it to be at a
given moment in history."
What We Know: When
Trump asked the President of Ukraine the favor of investigating Biden, he solicited
a bribe since dirt on a political opponent would constitute “something of
value.” While under the law, a charge of
bribery would have to be supported by a quid pro quo, that does not apply to
impeachment. Impeachment is not a
criminal proceeding since the only penalty possible is removal from
office. The strict rules of evidence of
criminal law do not apply in an impeachment.
However, as I noted, there is evidence that Trump did engage in a quid
pro quo by making the release of funds and an invitation to the White House
conditional on Ukraine investigating Biden.
Trump is guilty of bribery.
In addition to soliciting a bribe, Trump engaged in behavior
that was a violation of the public trust and abuse of official power when he
used the power of the Presidency to obtain dirt on an opponent that would
benefit him personally and politically.
Bottom Line: The facts are not in dispute. Trump solicited a bribe from Ukraine. Additionally, violated the public trust by
using the power of the Presidency for his personal gain. He committed bribery and at least one high
crime or misdemeanor. TRUMP MUST BE IMPEACHED AND REMOVED FROM
OFFICE.
Sources of Additional Information:
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