Abuse of power, no crime, key to the removal of Trump

(Reuters) – Democratic lawmakers have good reason to attack US President Donald Trump if they can prove he abused his power by asking the Ukrainian president to "seek" a US political rival, experts said legal.

Trump has lobbied Ukrainian President Volodymyr Zelenskiy for that he is investigating Joe Biden, one of the Democratic Reserve's favorite favorites in the 2020 presidential election, according to an executive summary. A Trump phone call released this week by the White House.

The administration also issued a whistleblower complaint that questioned whether US aid was suspended until Ukraine showed it would act at Trump's request.

Legal experts said the main issue in an indictment investigation was whether Trump placed his interest before that of the nation by mobilizing assistance provided to Ukraine in exchange for information. incriminating. Evidence of concealment could strengthen the indictment case, they said.

"The United States has an interest in national security in Ukraine and it seems that the president has jeopardized this interest in exchange for political benefits," said Louis Michael Seidman, a professor at Georgetown Law. "If that's what happened, it's the heart of the impeachment process."

US House Speaker Nancy Pelosi announced Tuesday the opening of an official imputation inquiry.

If the Democrat-led House of Representatives voted in favor of approving articles of dismissal, the Republican-controlled Senate would then decide whether to convict Trump and dismiss him.

A total of 218 votes, a simple majority in the House of 435 members, is required for the dismissal. The conviction requires a two-thirds vote of the 100 members of the Senate, or 67 votes.

Under the US Constitution, the president can be indicted for "treason, bribery, or other serious crimes and misdemeanors".

Legal experts say Trump's appeal with Zelenskiy, who was looking for US missiles, could violate the corruption law or violate the campaign finance law, making it a criminal offense to solicit a benefit .

But during an impeachment investigation, lawmakers are not required to adhere to strict legal definitions and may further examine whether Trump has used his authority for personal purposes, experts said.

"Whether it's a crime or not, it makes no difference for the purpose of removal." To ask a foreign country to provide campaign dirt in exchange for weapons is an abuse of power and that is precisely what the authors (of the US Constitution) thought could justify dismissal, "said Former federal prosecutor Harry Sandick.

Trump said his call with Zelenskiy was perfectly appropriate. He said that he had not put pressure on the Ukrainian president for that he was investigating Biden, who would have tried badly to stop a Ukrainian investigation into a company related to his son Hunter.

There is no evidence that Biden used his vice-president position to help his son.

Legal experts said the Chamber would likely seek the testimony of those familiar with Trump's discussions with world leaders, as well as communications from advisers who preceded and followed Ukraine's call.

All experts do not agree that there has been a dismissal procedure against Trump.

David Rivkin, a constitutional litigator and former Justice Department attorney, said it was not inappropriate to ask a foreign country to investigate a US citizen who could have violated the laws from this country.

"The fact that some of these people are running for political office in the United States does not protect them and can not protect them from foreign investigations."

But other experts have stated that whistleblowers that White House officials intervened to "lock" the records of the July appeal suggested concealment likely to strengthen the indictment case. Trump.

Berit Berger, executive director of the Center for the Advancement of Public Integrity at Columbia Law School, said an investigation into a possible concealment had expanded the pool of potential witnesses. and to ensure that some cooperate with Congress.

"Whenever you have a number of people involved in an alleged criminal act, there are many more people who can come in and provide information to Congress," Berger said.