1. ALL executive power is given to the only person who got 270 Electoral College votes–none is given to bureaucrats, hacks, ambassadors, etc.
2. The President’s Article II powers are vast, a fact I complained about when I taught constitutional law at Canisius College. They are the most expansive when it comes to foreign relations.
3. Anti-corruption is a goal of foreign aid.
4. Trump asked Ukraine to look into possible Ukraine meddling into the 2016 election and possible corruption involving the Bidens in 2015 when, Joe Biden WAS NOT A PRESIDENTIAL CANDIDATE BUT WAS A UNITED STATES GOVERNMENT OFFICIAL.
5. Looking into meddling with 2016 does not involve Joe Biden, at least not in any way that is improper.
6. Looking into what Team Biden did in Ukraine circa 2014-16 is a legitimate area of concern for the President since Biden was a government official, NOT A CANDIDATE AT THE TIME.
7. If scrutiny of the prior acts of a government official are within the scope of the President’s Article II powers–THEY ARE–then, the allegedly corrupt official’s choice to run for President TWO YEARS LATER does not reduce the powers of the President. The perpetrator does not get immunity retroactively by running against the prosecutor!
8. The fact that an official act could benefit the President politically does not negate his Article II powers since almost everything a President does is designed to help him politically.
9. The fact that YOU think Trump lacked a factual basis for asking for these inquiries, does not deprive Trump of Article II powers. Presidents do many things that I know for certain lack a factual basis BUT he got 270 Electoral Votes and I didn’t–his call.
10. If Trump’s inquiries lacked any factual basis, then he would derive no benefit from them, which refutes the bribery argument completely.
Here are a couple of hypotheticals that may assist the reader in grasping my argument.
First, imagine that Biden never had any official duties in Ukraine. Then, Trump would be wrong. But he did.
Second, imagine Biden never ran for President. Then, no one would be complaining since a prior official’s acts are an appropriate subject of a President’s concern. Thus, again, the perp cannot later immunize himself from scrutiny or REDUCE THE PRESIDENT’S ARTICLE II POWERS by his own unilateral choice to run for office years after his alleged misconduct.
Trump Derangement people–you may now move on with the rest of your lives.
James Ostrowski is a trial and appellate lawyer in Buffalo, NY. He is the author of several books including Progressivism: A Primer on the Idea Destroying America. See his website. Follow him on Twitter @JimOstrowski.
Copyright © 2019 James Ostrowski