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
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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.
Finally:
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
