Donald Trump has a defense.
There is a case to be made that the discussions he initiated with people in
Ukraine should not lead to impeachment. Let’s imagine that defense. Maybe there
is another phone call, shortly after July 25, where Trump tells Zelensky that
there is no link between our relationship to Ukraine and their investigating
Biden. Maybe there is evidence that what looks plainly like efforts coerce
Ukraine’s gas system for personal gain by Trump’s envoys to Ukraine didn’t
happen that way.
Maybe one could argue that
Trump didn’t mean what he said to Zelensky. That would hard, though, given that
he also said it to the Australian Prime Minister and to all of China. Or
better, that he was completely ignorant of this law, because of his only
distant contact with the rules of his office. Trump has demonstrated ignorance
of many important aspects of his job, but to call this an honest mistake
requires one to ignore everything that happened afterward. Maybe there were
conversations in the White House about how to correct this mistake. We don’t
know of any.
Right now that case is
entirely theoretical, because the evidence we already have does point to
impeachment. Many important people in the White House were appalled by the
whole process around the fateful phone call, which seem to contain clear
evidence of a crime. We know the major task of numerous White House officials
was to hide evidence of the contents of this call.
Such plausible and
implausible defenses are possible. It is striking that no Republicans are
making them.
The Washington Post has
usefully published statements from every Republican Senator who would say
anything. Zero support the impeachment inquiry. Perhaps the best clue to
Republican thinking about Trump is that none of them are offering any evidence,
any argument, any reason. Instead, we hear two versions of the same
non-defense, that there is no evidence of anything like a crime.
The first version is that
what Trump said on the phone with Zelensky was fine, or as Trump says,
“perfect”. Sen. Thom Tillis from North Carolina: “The transcript debunks the Democrats’ false
claims against President @realDonaldTrump and demonstrates that their call to
impeach him is a total farce.” Sen. John Cornyn from Texas: “We have the
transcript of the call which doesn’t live up to the complaintant’s fevered
accusations.”
Another version of this defense
is that it was unfortunate that Trump said what he said, but not very serious.
Sen. John Thune of South Dakota: “I’m not a fan of the way in many cases the
president goes about this and I would prefer he would not raise an issue like
that with a foreign leader.” Sen. Rob Portman of Ohio: “He should not have
brought up the Joe Biden issue, but again, there was no quid pro quo and I
think the Democrats’ rush to impeachment is totally unwarranted.” This
qualifies as courage among Republicans.
Usually this line is combined
with attacks on Democrats and the media for even considering the issue. Sen.
James Lankford of Oklahoma: “I think they’ve been looking for a way to impeach
the president for years. I think they’re upset with him politically.” Sen. Todd
Young of Indiana: “One thing is clear, the far-left has been desperate to get
rid of President Trump since day one.” Sen. John Boozman of Arkansas: “Democrats have long sought to weaken the president,
appease their base and further divide the country through impeachment. This
latest action demonstrates their willingness to blindly follow this obsession
regardless of the facts.”
The most radical formulation
attacks the whistleblower personally. Trump leads this “defense”. He said, “I
think a whistleblower should be protected, if the whistleblower is legitimate.”
He labelled the “so-called whistleblower” part of a “political hack job.” Ohio
Rep. Jim Jordan and South Carolina Sen. Lindsey Graham said the whistleblower's
identity should be revealed.
A second version was
displayed by Sen. Joni Ernst of Iowa. When a CNN reporter asked her whether
it’s appropriate for a president to solicit campaign assistance from a foreign
power, she responded,
“We’ll have to wait. We don’t have the facts in front of us. And what we see
pushed out through the media, we don’t know what is accurate at this point.” A
questioner at a meeting in her home state said, “When are you guys going to
say, “Enough”? You stand there in silence.” She responded
helpfully, “Whistle-blowers should be protected. Corruption wherever it is
should be ferreted out.”
This “we don’t know yet”
version says that what we do know about the call and Trump’s other actions is
not enough. Sen. Tim Scott from South Carolina: “He’s not really a
whistleblower, so it’s really more hearsay.” Sen. Mike Crapo of Idaho: “I will
wait for further information regarding the facts of this matter and refrain
from speculating.” Sen. Cory Gardner of Colorado: “I joined my Senate
colleagues in unanimously supporting the release of the whistleblower report,
and I support the Senate Intelligence Committee’s on-going bipartisan review to
gather all of the facts. Nancy Pelosi’s impeachment inquiry to appease the
far-left isn’t something the majority of Americans support and will sharply
divide the country.” But Gardner’s wrong: a majority of Americans do now
support the inquiry. A poll from a week ago found 55% supported
an impeachment inquiry.
Only a very few Republican
Senators have taken the evidence we all have seen seriously. Mitt Romney of
Utah appears to be leading those who are most anxious: “It remains troubling in
the extreme. It’s deeply troubling.” Susan Collins of Maine remains true to her
pretense at independence: “I thought the president made a big mistake by asking
China to get involved in investigating a political opponent. It’s completely
inappropriate.” What about Ukraine?
Republicans have been running
away from evidence about Donald Trump since 2016. Evidence about his business
dealings, evidence about his lying, evidence about his sexual attacks on many
unwilling women, evidence about the climate, evidence from the Mueller probe.
They and Trump together are trying to achieve a new normal, in which evidence
doesn’t matter at all, only what side you are on.
The last time a Republican
was impeached for trying to tamper with a presidential election and then
covering it up, that strategy didn’t work.
Before anyone can make a good
judgment about breaking rules, we have to know the rules. Does a certain
behavior fall outside of the law? It doesn’t matter if you don’t know the
rules. Ignorance of the law is no defense, says the Bible, Greek philosophers, and Roman law. Republicans
are following a different motto: “I’ll tell you what is legal and what is not
legal later, when I find out more about what Trump did.”
That’s not leadership. That’s
not responsibility. That’s not supporting the Constitution. That’s corruption.
Steve Hochstadt
Jacksonville IL
October 15, 2019
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