From Perfect to Flawed
It started with the claim that Trump had done nothing wrong and that, as he puts it, the call with the Ukraine president was “perfect”. After the white house released their version of what transpired on the call (often referred to as a transcript), it was clear the call was not “perfect”. It is very clear from that exchange, Trump was trying to trade US military aid for having the Ukraine government investigate his political rival.
I did it, so what
The “transcript” proved to be an indictment rather than a defense. As such, the defense of Trump had to morph. It briefly became, yes, Trump was making a trade, but so what. Used by Giuliani this defense did not go over terribly well and was short lived.
It’s all hearsay
With the start of the impeachment hearings, the talking points shifted to there is no direct evidence of a quid quo pro and all the testimony being provided is hearsay. The argument was that no one could directly tie Trump to linking the aid to the request for an investigation, until Sondland testified.
It does not rise to an impeachable offense
One of the ongoing arguments against impeachment is not that Trump did not trade American foreign policy for personal political gain, but rather, this does not rise to an impeachable offense. Albeit, the Constitution is vague as to what exactly is an impeachable offense stating a president can be removed for “treason, bribery, or other high crimes and misdemeanors”. NBC news provided the following list of Congressional impeachment actions; showing the bar is not very high. ( https://www.nbcnews.com). Along with trading foreign policy for personal favors, Trump has obstructed justice several times, diverted funds that Congress appropriated without their knowledge or approval, and used government contracts to line his family’s pockets. All impeachable offenses.
Congressional impeachment actions
OFFICIAL | YEAR | OUTCOME |
---|---|---|
Judge Thomas Porteous Jr., Louisiana | 2010 | Accepting bribes. Convicted. |
Judge Samuel Kent, Texas | 2009 | Sexual assault, making false statements. Resigned before completion of the Senate trial. |
President Bill Clinton | 1998 | Lying to grand jury and obstructing justice. Acquitted. |
Judge Walter Nixon, Mississippi | 1989 | Perjury, for lying to federal grand jury about his conversation with prosecutor in a marijuana smuggling case involving the son of a wealthy contractor. Convicted. |
Judge Alcee Hastings, Florida | 1988 | Conspiring to get money from defendants in a trial in return for lenient sentence; perjury. Convicted. |
Judge Harry Claiborne, Nevada | 1986 | Tax evasion. Convicted. |
President Richard Nixon | 1974 | Resigned before House voted on impeachment. |
Judge Halsted Ritter, Florida | 1936 | Corruption, practicing law on the side, income tax fraud. Convicted. |
Judge Harold Louderback, California | 1933 | Favoritism in appointing bankruptcy receivers. Acquitted. |
Judge George English, Illinois | 1926 | Failing to be impartial. Charges dismissed by Senate after he resigned. |
Judge Robert Archbald, US Commerce Court | 1912 | Misconduct, including accepting gifts. Convicted. |
Judge Charles Swayne, Florida | 1904 | Padding expense account. Acquitted. |
Sec. William Belknap, Secretary of War | 1876 | Bribery. Acquitted by Senate. |
Judge Mark Delahay, Kansas | 1873 | Misconduct including drunkenness. Resigned, so no Senate action. |
President Andrew Johnson | 1868 | Removing the Secretary of War, contrary to an act of Congress. Acquitted. |
Judge West Humphreys, Tennessee | 1862 | Holding Confederate office and supporting secession. Convicted. |
Judge James Peck, Tennessee | 1830 | Misusing contempt power. Acquitted. |
Justice Samuel Chase, US Supreme Court | 1804 | Partisan conduct on the bench. Acquitted. |
Judge John Pickering, New Hampshire | 1803 | Loose morals, drunkenness. Convicted. |
Sen. William Blount, Tennessee | 1797 | Conspiring to mount a military expedition to benefit Great Britain. Senate dismissed the charges. |
With no defense strategies left, the Republican talking points have turned to deflection. Conservative media are running stories saying the public is turning against impeachment and the Democrats have made a huge blunder. While it is true that people are not taking to the streets screaming “impeach him”, half of the country supports his removal. I believe the muted response to the impeachment hearings is a function of becoming numb to the Trump shenanigans. It’s an old act that we have seen before- attack the attacker, accuse them of what you have been a accused of, refuse to cooperate, claim executive privilege, and finally threaten those that have accused you.
The FINAL TRIAL
It appears that the Republicans will stick with Trump even if he “…stand(s) in the middle of 5th avenue and shoot(s) somebody” (realclearpolitics) They are willing to pay any price for lower taxes and less regulation. If Trump is impeached, he will likely be acquitted in the Senate but hopefully not in the court of public opinion. The election will be the ultimate trial.