A favorite Republican talking point during the Intelligence Committee hearings has been that the Democrats rationale for impeaching Trump keeps shifting — it used to be treason, then collusion, then obstruction, then quid pro quo, then bribery, now extortion — the refrain goes. The truth is, that the Trump administration has been such a dirty bomb of corrupt, criminal activity that it is hard to figure out the best way to characterize it.
I think saying that Trump bribed or extorted the Ukrainian president substantially understates the severity of his corrupt, illegal conduct.
What Trump really did was to withhold U.S. aid and to withhold diplomatic relations as part of an effort to solicit and extort the participation of a very vulnerable and crucial ally in a conspiracy to defraud the United States and a conspiracy to act as accessory after the fact to Russian attempts to defraud the United States. In so doing, he greatly undermined the safety, reputation, and national interests of the United States. In furtherance of these conspiracies, Trump also participated in a conspiracy to impede or injure an officer (Yovanovich), and has obstructed the House’s investigation.
Just in connection with these Ukraine dealings, I count the following criminal violations:
18 U.S. Code § 371.Conspiracy to commit offense or to defraud United States
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
18 U.S. Code § 372. Conspiracy to impede or injure officer
If two or more persons in any State, Territory, Possession, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof, or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined under this title or imprisoned not more than six years, or both.
18 U.S. Code § 201. Bribery of public officials and witnesses
(b)Whoever—
(2)being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for:
(B)
being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the
United States; or
(C)
being induced to do or omit to do any act in violation of the official duty of such official or
person;
…
shall be fined under this title or imprisoned for not more than two years, or both.
18 U.S. Code § 872. Extortion by officers or employees of the United States
Whoever, being an officer, or employee of the United States or any department or agency thereof, or representing himself to be or assuming to act as such, under color or pretense of office or employment commits or attempts an act of extortion, shall be fined under this title or imprisoned not more than three years, or both
18 U.S. Code § 3. Accessory after the fact
Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.
Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.
18 U.S. Code § 1505.Obstruction of proceedings before departments, agencies, and committees
Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—
Shall be fined under this title, imprisoned not more than 5 years
It is hard to imagine a more open and shut case for impeachment. The proof is overwhelming, and the conduct is clearly an abuse of power, a dereliction of duty, and a betrayal of the people of the United States.