In the latest issue of Time, the attorney Robert Ray argues that President Trump should not be impeached and convicted on the grounds that Trump committed no crime. This is already the basis of some Republicans’ defense of Trump. Ray’s argument rests on two bases. First, that the “quid pro quo” offered by various Trump appointees and subordinates was not a “corrupt arrangement” under the law because the law requires a specific benefit and because an investigation of the Bidens by Ukraine would have provided only a “nebulous” benefit. Second, that because the Office of Management and Budget had no authority to permanently withhold the aid appropriated and authorized for Ukraine and because the aid was finally released [after newspaper reports of withholding surfaced] no harm was done. Therefore, there was no crime.
The first contention is an incredibly ingenuous argument, and one that a great number of convicted criminals would like to be able to use. “Because I didn’t know what I might get, it wasn’t a crime.” And law, in fact, recognizes this problem because we have penalties for attempted crimes that were never completed. In addition, even Trump’s attempt to ask for such a favor has damaged the future credibility of the United States as well as pointed out that Trump will do anything for his personal gain, regardless of the impact on the U.S. national interest, and suborning the national interest to personal interest is in fact a form of treason.
The second base ignores the fact that the White House did in fact freeze the aid. The fact that it didn’t have the authority to do so is immaterial to the fact that the freeze was ordered. Also, there’s no basis to assert that no harm was done… or could have been done. Ukraine may well have been able to use that aid against the Russians, for which that aid was intended. Even the slowing of that aid harmed Ukraine and benefited Russia, which, again, is an act against the national interest.
Then Ray goes on to argue that, in any case, it was only a case of bad judgment. In the case of most criminals, it usually is. Trump’s no different, but because he’s a white Republican [for the moment] male, the white male Republican Senate may well use a different [and far more lenient] standard for him.
Think about it.