Democratic representatives should think twice before they vote to impeach President Trump.
I thought I had said all I was going to say on “Ukrainegate” in my article “Make the Truth Irrelevant.” Then I read a column on the Internet by Wall Street Journal columnist Peggy Noonan whose very title: “Trump’s Defenders Have No Defense” (WSJ, 11/21/19) bespeaks its idiocy. Unfortunately, it also represents a lot of what’s being peddled by the mainstream media.
How would Noonan or anyone else outside Trump’s circle know whether he does or does not have a defense when the rules of the only body that has pursued the case against him preclude him from offering a defense? In the House impeachment hearings, Trump’s defenders cannot call their own witnesses, cannot confront the whistleblower whose complaint launched the case, cannot challenge hearsay evidence and have it excluded, and cannot probe the motives or possibly illegal behavior of his accusers.
Noonan further embarrasses herself with the following: “As to the impeachment itself, the case has been so clearly made you wonder what exactly the Senate will be left doing. How will they hold a lengthy trial with a case this clear?” She reveals her own ignorance of the law and facts of this particular case, and complete lack of decency or sense of fair play, rendering such a judgment after hearing only one side of the case.
Noonan has prompted this analysis of possibilities concerning Trump’s defense in a Senate trial. It assumes that standard American judicial rules, procedures, and principles will be in force during the trial. Disclaimer: I am a lawyer, but I am an inactive member of the California Bar Association and have never practiced law.
The best case for a defense attorney is one in which the attorney can say: Assume what the prosecution is saying is true, my client has not broken the law or committed a crime. During his phone call with Ukraine’s President Volodymyr Zelensky, President Trump asked for investigations of three matters, but he did not explicitly link receipt of US aid that had been held up to Zelensky conducting those investigations. Suppose, for argument’s sake, that he had either explicitly asked for that quid pro quo or that Zelensky could reasonably infer he was asking for such a quid pro quo. Trump’s first line of defense would be to challenge the ubiquitous characterization—at least among Democrats and the media―of such a link as a crime.
According to the transcript of the call, Trump asked Zelensky to look into the company Crowdstrike, which has been the only entity allowed to examine the DNC servers that were allegedly hacked by the Russians. In a related query, he alluded to possible Ukrainian involvement in initiating the Russiagate fiasco. Later in the phone call, he said: “There’s a lot of talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney General would be great. Biden went around bragging that he stopped the prosecution so if you can look into it… It sounds horrible to me.”
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