In her regular Washington Post column Kathleen Parker, no Trump supporter, articulates a view of Trump’s impeachment that approximates my own:
From this set of circumstances, House Democrats and most of the media have inferred that the president variously engaged in a quid pro quo, bribery and/or extortion and, more recently, abuse of power. Democrats have struggled to name that crime, so they might have difficulty landing on the correct language to use in their forthcoming articles of impeachment.
Here’s the obvious sticking point: If the elder Biden were not running for president, no one would question Trump’s request for information related to the younger Biden’s overpaid position on the board of a natural gas company while his father was vice president of the United States and, coincidentally, charged with pushing anti-corruption efforts in Ukraine.
But then, virtually everyone knows that the only reason Trump was concerned about corruption was because Joe Biden was a likely opponent in the 2020 election. We know, too, that military aid was withheld for a time but released once a whistleblower report surfaced. The perceived offense isn’t so much that Trump did these things but that an investigation — or at least the announcement of an investigation by Ukraine — would have directly benefited his 2020 election prospects.
When Biden says he never discussed the board position with his son other than to say, “I hope you know what you’re doing,†I take him at his word. But I also question why he didn’t say, “Son, I love you, but you can’t take this job as long as I’m vice president of the United States.â€
Here’s the obvious sticking point: If the elder Biden were not running for president, no one would question Trump’s request for information related to the younger Biden’s overpaid position on the board of a natural gas company while his father was vice president of the United States and, coincidentally, charged with pushing anti-corruption efforts in Ukraine.
But then, virtually everyone knows that the only reason Trump was concerned about corruption was because Joe Biden was a likely opponent in the 2020 election. We know, too, that military aid was withheld for a time but released once a whistleblower report surfaced. The perceived offense isn’t so much that Trump did these things but that an investigation — or at least the announcement of an investigation by Ukraine — would have directly benefited his 2020 election prospects.
When Biden says he never discussed the board position with his son other than to say, “I hope you know what you’re doing,†I take him at his word. But I also question why he didn’t say, “Son, I love you, but you can’t take this job as long as I’m vice president of the United States.â€
Let’s be honest: There was something odd going on with Hunter Biden and Burisma. Given his lack of qualifications, Hunter Biden’s hiring by Burisma was transparently because of his last name, as he admitted himself during an October interview with ABC News. This isn’t a crime, either, except perhaps of perception. The younger Biden got lucky when he was born a Biden and, apparently, has enjoyed the benefits without inconvenience to his conscience.
Trump may be everything his critics say he is: corrupt, dishonest, an embarrassment and a liar. But what he did wasn’t illegal in the vein of extortion or bribery, accusations which Democrats used before moving toward a discussion of broader concepts of high crimes and misdemeanors. While an act needn’t be criminal to be impeachable, the argument that Trump’s conduct rises to the level of impeachable offense revolves around the facts that, one, Trump was seeking help from a foreign nation and, two, that he might have benefited personally. Involvement of a foreign nation in the nation’s politics was an early concern of the Constitution’s framers, which is partly why they included the impeachment clause.
Given that Trump didn’t really care about an investigation and sought only to connect the former vice president with a corruption investigation, it is fair to infer that his motives were political. But asking a fellow head of state to investigate a person doing business in another country isn’t quite the same as inviting him to meddle in U.S. elections. Ultimately, the result might be the same, assuming a damaging finding about Joe Biden. But wouldn’t American voters want to know if such were the case? And, isn’t Trump the meddler to the extent that he, not Ukraine, would have used the information?
And abuse of power in the absence of a crime requires corrupt intent. It is true that one may infer intent from a pattern of actions but it is not true that one may infer intent from a series of assumptions. A higher level of proof than that is required.
If we are determined to ratify Gerald Ford’s declaration that a “high crime and misdemeanor” is anything the House says it is, it’s equally true that removal from office is warranted by whatever the Senate says.
To my eye what this entire scandal highlights in practically every aspect is that the real scandal is what is legal.







