The way things look, President Trump will almost certainly not be removed from office. The precedents set by the articles of impeachment, however, will endure far longer. And regrettably, the House of Representatives has transformed presidential impeachment from a constitutional parachute — an emergency measure to save the Republic in free-fall — into a parliamentary vote of “no confidence.”
The House seeks to expel Mr. Trump because he acted “for his personal political benefit rather than for a legitimate policy purpose.” Mr. Trump’s lawyers responded, “elected officials almost always consider the effect that their conduct might have on the next election.” The president’s lawyers are right. And that behavior does not amount to an abuse of power.
Politicians pursue public policy, as they see it, coupled with a concern about their own political future. Otherwise legal conduct, even when plainly politically motivated — but without moving beyond a threshold of personal political gain — does not amount to an impeachable “abuse of power.” The House’s shortsighted standard will fail to knock out Mr. Trump but, if taken seriously, threatens to put virtually every elected official in peril. The voters, and not Congress, should decide whether to reward or punish this self-serving feature of our political order.
The first article of impeachment turns on President Trump’s request that President Volodymyr Zelensky of Ukraine announce an investigation of Hunter Biden’s role with the energy company Burisma. Mr. Trump wanted to learn about potential financial corruption concerning Hunter, realizing that such an investigation would, perhaps, yield greater scrutiny of Joe Biden. The House argues that this request to potentially harm Mr. Trump’s political rival was an “abuse of power.”
Mr. Trump’s lawyers respond that the call was “perfectly normal.” Yes, that phrase actually appears in the brief. Regrettably, parts of the brief are written in a far-too-political tone. But the president’s lawyers have raised an important threshold issue.
“In a representative democracy,” they write, “elected officials almost always consider the effect that their conduct might have on the next election.”
President Trump did not stand to receive any money or property from the Ukrainian president. (The House wisely chose not to charge Mr. Trump with bribery.) As a policy matter, I disagree with Mr. Trump’s decision to ask for an investigation of the Bidens. Even if warranted, it should have been avoided at all reasonable costs. The Republic would have been fine if we never learned more about Burisma. But receiving a “personal political benefit” does not transform an otherwise legal action — requesting an investigation — into impeachable conduct...…..More
