Kara Sears
In 2019, a whistleblower complaint revealed that then-US President Donald Trump had asked Ukrainian President Volodymyr Zelenskyy to investigate Joe Biden, Trump's political opponent in the 2020 presidential election, and his son, Hunter Biden. This request was made during a phone call in July 2019, shortly after Trump blocked $391 million in military aid to Ukraine. The complaint alleged that Trump was using the power of his office to solicit interference from a foreign country in the 2020 US election.
Trump was impeached by the House of Representatives on charges of abuse of power and obstruction of Congress but was later acquitted by the Senate. While the exact law Trump broke is a matter of legal interpretation, Justice Department veterans identified four areas in which he could face legal jeopardy: violating federal campaign finance laws, bribery, misappropriation, and conspiracy.
| Characteristics | Values |
|---|---|
| Nature of the Law Broken | Campaign finance law |
| Type of Violation | Soliciting a campaign contribution from a foreign government |
| Type of Contribution | A "thing of value" |
| Purpose of the Contribution | To benefit Trump's reelection efforts |
| Type of Expenditure | An "expenditure" that is coordinated with a candidate |
| Definition of "Coordinated" | Made at the "request or suggestion" of a candidate |
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What You'll Learn
Illegally soliciting campaign help from a foreign government
In 2019, a whistleblower complaint accused then-US President Donald Trump of "using the power of his office to solicit interference from a foreign country in the 2020 US election". The complaint referred to a phone call between Trump and Ukrainian President Volodymyr Zelensky, during which Trump asked Zelensky to investigate his political rival, Joe Biden, and Biden's son. In exchange, Trump suggested he would release nearly $400 million in military aid to Ukraine, which he had previously withheld.
Trump's request for a "favor" from Zelensky constitutes illegally soliciting campaign help from a foreign government. Under the Federal Election Campaign Act of 1971, it is illegal for campaigns to accept or solicit a "thing of value" from foreign governments or nationals in connection with an election. In the world of campaign finance, a "contribution" or "thing of value" can refer to any intangible item that could be used to affect an election outcome, such as opposition research.
In this case, Trump solicited a "thing of value" by asking Ukraine to investigate Biden, his potential challenger in the 2020 US presidential election. The Ukrainian government's resources and the information it could uncover about Biden would be extremely valuable to Trump's reelection campaign. The investigation would likely cost over $2,000, and the information uncovered could be used to damage Biden's campaign. Therefore, Trump's request clearly violates campaign finance law.
Trump's conduct with Ukraine was not an isolated incident. In 2016, his campaign committee sent fundraising emails to foreign politicians in Iceland, Scotland, Australia, and England, soliciting foreign money to fund his presidential campaign. This was another violation of US campaign finance law, which explicitly bans soliciting financial contributions from foreign nationals.
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Bribery
Trump also blocked the release of military aid to Ukraine, and a senior official later testified that the release of this aid was conditional on Biden being investigated. However, the White House denies this. Trump's conduct with Ukraine wasn't the first time he had been accused of violating campaign finance laws to help him win an election.
In August 2019, an anonymous whistleblower, reported to be a CIA official, filed a complaint expressing concern over Trump's phone call with Zelensky. The complaint alleged that Trump had used his office to "solicit interference from a foreign country" in the 2020 election. The whistleblower's complaint prompted a referral to the Department of Justice Criminal Division.
In September 2019, the House of Representatives began a formal impeachment inquiry into Trump. He was impeached on charges of abusing the power of his office and obstructing Congress, but was acquitted by the Senate.
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Misappropriation
Trump may have misappropriated $400 million in taxpayer-funded military aid to Ukraine by withholding it as leverage to pressure Ukrainian President Volodymyr Zelenskyy into investigating his political rival, Joe Biden. This act could be considered a theft of taxpayer money, as Trump allegedly used government funds for his own political gain rather than their intended purpose of supporting Ukraine's defence against Russian aggression.
Trump's actions surrounding the withholding of military aid have been described as a "quid pro quo" or bribery, where the release of the aid was conditioned on Zelenskyy's willingness to investigate Biden and his son, Hunter Biden. This potential misuse of government funds for personal benefit is a key aspect of the misappropriation allegations against Trump.
The whistleblower complaint, which triggered the impeachment inquiry, specifically mentions Trump's conduct in using the power of his office to solicit foreign interference in the 2020 US election. This conduct included withholding military aid to Ukraine, which could be seen as a form of misappropriation or misuse of government resources.
Trump's defence for withholding the aid has shifted over time. Initially, he claimed it was due to corruption concerns in Ukraine, but later stated it was because other European nations were not contributing enough aid. These shifting justifications further fuelled suspicions of misappropriation and improper motives.
While the impeachment inquiry focused on abuse of power and obstruction of Congress, the allegations of misappropriation highlight the potential misuse of government funds by Trump for personal political gain, which is a serious breach of public trust and could have legal repercussions.
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Conspiracy
Trump was accused of conspiracy in relation to his personal lawyer, Rudy Giuliani, and Attorney General William Barr. The whistleblower complaint alleged that Trump had enlisted their help in pressuring Ukraine and other governments to cooperate in supporting and legitimizing the bogus Biden–Ukraine conspiracy theory and other conspiracy theories concerning US politics.
The complaint also alleged that Trump had enlisted Giuliani and Barr as his "personal envoys" to pressure Ukraine. Giuliani was mentioned 31 times in the whistleblower's complaint, and the document described him as a central figure in Trump's effort.
The complaint added that Trump had explicitly referred to Barr and Giuliani as his "personal envoys" on these matters during his phone call with Ukrainian President Volodymyr Zelensky.
Trump later denied directing Giuliani to go to Ukraine, but days after his impeachment acquittal, he acknowledged that he had.
In addition, text messages between Kurt Volker, the US special envoy to Ukraine, and Andriy Yermak, a senior adviser to Zelensky, revealed that Giuliani was a precondition for a White House visit by the Ukrainian President.
In November 2019, Giuliani asserted that "everything I did was to defend my client."
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Abuse of power
Trump was accused of pressuring Ukraine's leader, Volodymyr Zelenskyy, to dig up damaging information on a political rival. This is illegal under US law, as it constitutes asking foreign entities for help in winning a US election.
Trump was also accused of withholding military aid to Ukraine as a bargaining chip to pressure Zelenskyy into investigating the Bidens. The US Congress had mandated increased military aid to Ukraine over the period of Trump's presidency, but in June 2019, the Trump administration placed military aid on hold. Trump gave conflicting reasons for withholding aid, first claiming it was due to corruption in Ukraine, and later saying it was because other nations were not contributing enough aid.
Trump's personal lawyer, Rudy Giuliani, was also implicated in the scandal. He was accused of conducting a campaign to pressure Ukrainian authorities to pursue Biden, including meeting with a senior aide to Zelenskyy, Andriy Yermak, about a Biden investigation. Text messages suggest that a White House visit for Zelenskyy was made conditional on him announcing an investigation into the Bidens.
Trump was impeached by Congress on charges of abuse of power and obstructing Congress but was later acquitted by the Senate.
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Frequently asked questions
Trump was accused of breaking the law by pressuring Ukraine's leader to dig up damaging information on a political rival. This is illegal as it involves asking foreign entities for help in winning a US election.
Trump was impeached on charges of abusing the power of his office and obstructing Congress but was acquitted by the Senate.
Trump asked Ukraine's president Volodymyr Zelenskyy to investigate former US Vice-President Joe Biden and his son, Hunter Biden.
Trump's request was met with concern from White House officials, with one describing it as a "criminal act".
