Visiting Column #30 -- Dual Motivation Compromising Impeachability

So as we watch the charade masking as House committee hearings into the impeachment of President Trump, today's jollies were provided by Judiciary Committee chairman Jerrold Nadler (D-NY), who unfailingly reminds me for some reason of Burgess Meredith playing The Penguin in the old Batman TV show.

But I digress.

The premise of the Democrats, if they needed one, is that President Trump committed an impeachable offense, which apparently is defined as "doing something the Democrats don't like."  In this case it all goes back to the July phone call from the president to the new Ukrainian leader, Volodmyr Zelensky, wherein he asked him to take a look into Burisma, the Ukrainian energy company that hired the son of the then-sitting VP, Joe Biden, for at least $50,000 a month, despite the son knowing nothing about either energy or Ukraine.

We know about the call because Eric Ciamarella, a bureaucrat in the NSA whom we now know to be the "whistleblower", filed a whistleblower complaint after being told of the call (he was not on it) by someone inside the White House who disliked Trump.  We know that, because Ciamarella went, not immediately to an IG to file it, but first to the chairman of the House Intelligence Committee, Adam Schiff, who has since repeatedly lied that he doesn't know who the whistleblower even is, although never under oath.

Here is the point.

The Democrats' case is based on the idea that Trump asked Zelensky to look into Burisma because it would be an opportunity to cause problems for Joe Biden, a political rival.  That would constitute soliciting foreign help to influence the 2020 election, specifically the reelection contest in which Biden was a potential candidate, if he were to win the primary.

But that's far from "it."  You see, the request was based on some Ukrainian history of corruption that Federal law plays into -- our law requires that the president be assured of foreign aid recipients cleaning up their house.  Was this a problem in Ukraine?  Well, a survey of Ukrainians showed that over 60% had actually paid a bribe to a government official there.  That's a problem.

So the law mandates that the president perform due diligence to protect the American taxpayer by providing assurance that corruption of the recipient country is being addressed.  In the case of Ukraine, this also included common understanding that the they had interfered, or tried to interfere, with the 2016 election on behalf of candidate Hillary Clinton.  And President Trump certainly wanted to know about that -- legitimately so.

Joe Biden went public with his declaration -- proudly at the time -- that he had held up $1 billion in aid to Ukraine until they fired the prosecutor who was at the time investigating, you guessed it, Burisma, which at the time was paying an ungodly Board fee each month to -- you guessed it again, Joe Biden's son Hunter.

So let's take it as independently as possible.  Even if you thought that President Trump was far out of line in asking Zelensky to investigate Burisma and the son of a political rival, there is also the fact that there is a perfectly legitimate, in fact, a legally-mandated justification, for having done exactly the same thing.  We were going to give Ukraine millions in military aid (vice the meals and blankets that Biden and his folks were only willing to send).  The law says that Trump needed to be assured that Ukraine was addressing that corruption history under a new president.

That leaves an extreme complication that hasn't been addressed anywhere, so here goes.

You can say that asking Ukraine to investigate Burisma and the Bidens' influence is wrong and political.  But it begs this question.  Does thinking it is impeachable to do so, mean that a person who is also a political opponent is then free to do whatever corrupt thing he wants to do overseas, since it would be impeachable to ask the foreign country to investigate him?

Think of it this way.  Let us suppose that we were not providing foreign aid to Ukraine.  Would it still be thought impeachable to investigate the Bidens?

Suppose that Biden were not running for president at the time, or had dropped out of the race, or not declared yet.  Would it still be thought impeachable to investigate the Bidens?

Or is the fact that Biden was running at the time insulate him or his family from a US president calling for an investigation of any corruption of an American overseas?  Could a future VP who had committed hideous corrupt acts in a foreign country avoid investigation, let alone prosecution, simply by the act of running for president and calling himself a political rival?

There are two reasons for investigating what Hunter Biden was doing on the board of Burisma.  One is to follow Federal law and ask the Ukrainians to show that they are fighting corruption, and to have the former VP protect his son on a corrupt Ukrainian company's board is consistent with that.  The other is to wound a political rival.

How would any investigation determine whether the actual motivation was one or the other?  What if it were both -- how can you impeach a president for following the law, even if following the law means choosing to take steps that could wound a political rival?

But the Democrats will keep trying.  And I hope for their sake that they have their collective glutei adequately armored.

Because come November, this is going to bite them, right there.

Copyright 2019 by Robert Sutton
Like what you read here?  There are over 1,000 posts from Bob at www.uberthoughtsUSA.com, and after four years of writing a new one daily, he still posts thoughts once in a while as "visiting columns", no longer the "prolific essayist" he was through 2018, but still around.  Appearance, advertising, sponsorship and interview inquiries cheerfully welcomed at bsutton@alum.mit.edu or on Twitter at @rmosutton