Failure To Succeed With A Crime Is Not Exculpatory

There are rarely days when we tell ourselves that we need more lawyers to solve the problems they create!

Other days like today we may need more!

As far as impeachment is concerned, more lawyers might help us understand the situation, because understanding Constitutional legal language can be a bit technical and confusing.

Article II of the US Constitution is clear… But what does it really mean in everyday life in easily understandable terms?

Congress has dealt with this question only three times in our whole history and no President in more than 200 years has ever been impeached AND convicted. (Nixon would probably have been the first but resigned before the House could vote on articles of impeachment.)

Hardly any sane person likes the idea of removing a president from office. It does NOT do the U.S. credit, because it goes against the fundamental democratically expressed will of the voters, and it is, as we see today, chaotic and divisive.

Given those realities, what justifies putting a President out of office?

The facts in the current case are abundantly clear and beyond any real dispute. There is little doubt that Trump was making a serious and deliberate effort to get the leader of Ukraine to investigate the Biden’s – or at least publicly pledge to do so. His professed concern about corruption in Ukraine didn’t extend to any issue beyond the 2016 and 2020 elections, making it obvious his motives were purely political, because he hoped to disqualify in advance Joe Biden’s candidacy in 2020 (and, because he simply cannot restrain himself, he needs to relitigate 2016).

By any standard, that is all a rotten tomato.

It is also against the law in several ways. It is extortion, bribery and abuse of power because Trump’s “leverage” was withholding already-authorized U.S. taxpayer dollars intended to support Ukraine’s military against Russian aggression. (Conditioning a White House meeting on assistance in a political smear job is equally wrong, but probably less damning in the public’s eyes.)

As it happened, the US tax payer support was ultimately restored, and the sham investigation never occurred. To some Trump defenders, that amounts to “no harm, no foul, no impeachment.”

The law, of course, doesn’t judge success, but intent. Trying to kill a person is a crime, even if one is unsuccessful in the effort. Similarly, extortion and bribery are crimes, even if the attempt is bungled. Does any American want to create a precedent that failing to achieve your intended harm is exculpatory?

The magnitude of future danger is incalculable and is (or should be) NON-PARTISAN. After all, come 2021 and thereafter, there could be a Democrat in the White House. What if that person turns out to be every bit as nefarious, untruthful and corrupt as Donald Trump?

Now is the moment for all Americans to see through this shameless effort to subvert our Constitution!

One should not have to be a lawyer to know that using taxpayer funds for personal political gain is wrong.

Most of the lawyers in America clearly know that.

If you are unsure, ask one!


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