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Trump Acts Like a Politician. That’s Not an Impeachable Offense. Receiving a “political benefit” does not transform an otherwise legal action (like requesting an investigation) into an abuse of power.
New York Times ^ | January 23, 2020 | Josh Blackman

Posted on 01/23/2020 5:43:02 AM PST by karpov

...

The House seeks to expel Mr. Trump because he acted “for his personal political benefit rather than for a legitimate policy purpose.” Mr. Trump’s lawyers responded, “elected officials almost always consider the effect that their conduct might have on the next election.” The president’s lawyers are right. And that behavior does not amount to an abuse of power.

Politicians pursue public policy, as they see it, coupled with a concern about their own political future. Otherwise legal conduct, even when plainly politically motivated — but without moving beyond a threshold of personal political gain — does not amount to an impeachable “abuse of power.” The House’s shortsighted standard will fail to knock out Mr. Trump but, if taken seriously, threatens to put virtually every elected official in peril. The voters, and not Congress, should decide whether to reward or punish this self-serving feature of our political order.

The first article of impeachment turns on President Trump’s request that President Volodymyr Zelensky of Ukraine announce an investigation of Hunter Biden’s role with the energy company Burisma. Mr. Trump wanted to learn about potential financial corruption concerning Hunter, realizing that such an investigation would, perhaps, yield greater scrutiny of Joe Biden. The House argues that this request to potentially harm Mr. Trump’s political rival was an “abuse of power.”

Mr. Trump’s lawyers respond that the call was “perfectly normal.” Yes, that phrase actually appears in the brief. Regrettably, parts of the brief are written in a far-too-political tone. But the president’s lawyers have raised an important threshold issue.

“In a representative democracy,” they write, “elected officials almost always consider the effect that their conduct might have on the next election.”

President Trump did not stand to receive any money or property from the Ukrainian president.

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Editorial; News/Current Events
KEYWORDS: impeach
Byline: "Mr. Blackman is a constitutional law professor at the South Texas College of Law Houston."
1 posted on 01/23/2020 5:43:02 AM PST by karpov
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To: karpov

And the NYT keeps acting like a real newspaper.


2 posted on 01/23/2020 5:45:51 AM PST by Da Coyote (is)
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To: karpov

No, Trump being Trump and standing for America against the Leftist Enemies Within is NOT an impeachable offense.

But the treason shown by the Dems ARE impeachable offenses! INDICT THEM!!!!


3 posted on 01/23/2020 5:48:17 AM PST by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: karpov

Don’t we all know that every single Demonrat politician is COMPLETELY ABOVE politics and political motives? They literally eschew politics. So icky!

This is about the Constitution and the Founding Fathers and other stuff like that that they crap on all over every day.


4 posted on 01/23/2020 5:48:45 AM PST by chris37 (Where's Hunter?)
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To: karpov

Doubt CNN, Morning Joe or The View will be having Mr. Blackman on as a guest.

If fact the editors are all sitting down this morning saying, “what the hell is this NYT BS!”.

Phone calls are being made.

“Do you have any idea how hard this makes it for us to lie!?”


5 posted on 01/23/2020 5:50:55 AM PST by Eddie01
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To: karpov

One important factor is that President Trump was asking President Zelensky to investigate actual possible corruption relating to Joe and Hunter Biden; he was not asking Zelensky to fabricate false charges. Had President Trump asked Zelensky to conduct an improper investigation based on made-up charges, then that would be impeachable, but that is not what happened.


6 posted on 01/23/2020 5:56:58 AM PST by Texan Tory (Laissez rouler les bons temps!)
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To: karpov

It is not corrupt intent if one benefits in an action that benefits the true interests of the nation. If one’s true interests aligns with the true interests of the country then one’s actions are legitimate, moral, and just.


7 posted on 01/23/2020 6:28:30 AM PST by mjp ((pro-{God, reality, reason, egoism, individualism, natural rights, limited government, capitalism}))
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To: karpov

Let us not forget that “Abuse of Power” is a political term of art; it’s not a crime.


8 posted on 01/23/2020 6:32:46 AM PST by ManHunter (You can run, but you'll only die tired... Army snipers: Reach out and touch someone)
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To: Texan Tory
One important factor is that President Trump was asking President Zelensky to CONTINUE an investigation into possible corruption relating to Joe and Hunter Biden that VP Biden had halted by threatening to withhold funds to Ukraine unless they fired the investigator.
9 posted on 01/23/2020 7:21:10 AM PST by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: karpov

One of our reasons for voting him in is that he is NOT a politician!


10 posted on 01/23/2020 8:33:23 AM PST by JimRed ( TERM LIMITS, NOW! Build the Wall Faster! TRUTH is the new HATE SPEECH.)
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To: karpov

I think Trump should seek protection under the whistle blower act for exposing Hunter Biden.


11 posted on 01/23/2020 7:02:05 PM PST by HangThemHigh (Entropy is not what it used to be.)
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