Impeac
The evidence that Trump conditioned release of Congressionally authorized defense aid and a coveted White House visit on the announcement of a bogus investigation into the Bidens is overwhelming. Everybody tasked with Ukraine policy testified that they understood the President’s orders to be to link the aid release with the investigation announcement.
Some of these people, like Gordon Sondland, communicated directly with both Trump and with the Ukrainians, while others worked underneath those who communicated with both. All have testified under oath that Trump tasked Rudy Giuliani with the entire operation on the Ukraine end and Mick Mulvaney with the control over funds release. The only thread that Trump’s defenders can hang on to is that these direct conduits for this whole caper – Mick Mulvaney and Rudy Giuliani – have so far resisted testifying under oath about direct orders they received from Trump to link the quid (defense aid and a White House visit) with the quo (investigation announcement).
What makes impeachment and conviction difficult, however, is that it is both a legal and a political process. In a normal legal case Mulvaney and Giuliani would be compelled to testify immediately and the perp, Trump, would be seeking a plea deal to minimize jail time. But House Republicans have made clear that they do not want to hear from these witnesses because they would destroy that last thread of defense. The elephant flies over the flag.
So the ball is in Pelosi’s court. Giuliani has resisted calls to testify so far. She can seek a subpoena but it will be tied up in courts. Mick Mulvaney has refused a subpoena so far, which is in the courts right now. If Pelosi lets the courts decide, they will almost certainly determine that the President’s claim for “absolute immunity” or executive privilege will not apply because of the crime/fraud exception. There is a clear Nixon precedent. But court proceedings will take some time to work through.
Or she can go ahead and draft impeachment articles based on what we already know. The articles would include violations of campaign finance law against receiving election help from foreign sources, extortion and bribery of a foreign official for personal political purposes, violation of the Budget Impoundment Act (misappropriating Congressional funds), obstruction of Congress – at a minimum. All are clearly “high crimes” and not mere process crimes. Perhaps the existence of a Senate trial will then compel the courts to expedite their decision and force Giuliani and Mulvaney to testify. But that’s not likely either as the GOP-controlled Senate will do anything possible to avoid having them testify. It’s party over country on the Republican side and Trump owns the GOP like he owns his hotels.
Whatever the outcome in the House and Senate, the American people will have the ultimate say in November 2020. The stakes for the Constitution could not be higher. We are either a Constitutional Republic with checks and balances against a corrupt Executive or we are a tin pot dictatorship.