Presidential Misconduct: Ukraine Scandal Unveils Broken Laws

In 2019, a whistleblower complaint revealed that then-US President Donald Trump had asked Ukrainian President Volodymyr Zelenskyy to investigate Joe Biden, his political opponent in the 2020 presidential election, and his son, Hunter Biden. This phone call led to Trump's impeachment on charges of abusing the power of his office and obstructing Congress. While the impeachment trial did not result in Trump's removal from office, it raised questions about whether Trump had broken the law.

The Constitution allows Congress to impeach the president for treason, bribery, and high crimes and misdemeanours. Most impeachment cases fall into the third category, and so did Trump's. While it is not necessary for an impeachable offence to break the law, Trump's conduct may have violated campaign finance laws. By soliciting a valuable contribution to his campaign from a foreign entity, Trump may have broken the law.

However, the Justice Department determined that the call did not constitute a campaign finance violation. Ultimately, the question of whether Trump broke the law hinges on how lawmakers interpret campaign finance laws.

Trump's call with Zelensky may have been an impeachable offence

On July 25, 2019, US President Donald Trump had a phone call with Ukraine's President, Volodymyr Zelensky. In this call, Trump asked Zelensky to investigate his political rival, Joe Biden, and his son, Hunter Biden, who had previously worked for a Ukrainian energy company. Trump also requested that Zelensky look into a conspiracy theory involving a Democratic National Committee server.

This phone call was the catalyst for Trump's impeachment, with the Democrats arguing that it was proof that Trump broke the law by seeking foreign help to try to smear Biden. The Constitution allows three reasons for Congress to impeach the president: treason, bribery, and high crimes and misdemeanours. Most impeachment cases fall into the third group, and this was no exception.

The alleged offence was that Trump enlisted the help of another country in his campaign for a second term. There was plenty of evidence for this, including records of the phone call, Trump's own admission, and the admission of his private attorney, Rudy Giuliani.

Trump was impeached on charges of abusing the power of his office and obstructing Congress. However, he was ultimately acquitted by the Senate, with his own Republican Party having a majority.

Trump withheld $400 million in military aid to Ukraine

On July 25, 2019, then-US President Donald Trump ordered the withholding of nearly $400 million in military aid to Ukraine. This came shortly before a phone call with Ukrainian President Volodymyr Zelenskyy, in which Trump pressured Zelenskyy to investigate the family of a political rival, former Vice President and then-current presidential candidate Joe Biden.

The $400 million package was made up of two pots of money. The first, managed by the Defense Department, totaled $250 million for military aid. The second, managed by the State Department, amounted to $141.5 million for other purposes. Of this, $115 million came from the fiscal 2019 Foreign Military Financing, and $26.5 million was drawn from a combination of fiscal 2018 Foreign Military Financing and Overseas Contingency Operation funds.

The Defense Department funding was to be used for training operations, providing Ukrainian special forces with sniper rifles and rocket-propelled grenade launchers, and bolstering the country's ability to detect acts of electronic warfare. The State Department funding included $16.5 million related to Black Sea maritime security and $10 million earmarked for efforts to counter Russian influence.

Trump's withholding of military aid to Ukraine was a central issue in the House Democrats' impeachment inquiry into the former president's possible abuse of power for political gain. Trump's actions may have amounted to soliciting a valuable contribution to his campaign from a foreign entity, which is forbidden by campaign finance laws.

Trump's call with Zelensky may have violated campaign finance laws

On July 25, 2019, President Trump asked Ukrainian President Volodymyr Zelenskyy to investigate his political rival Joe Biden and his son, Hunter Biden, as well as a conspiracy theory involving a Democratic National Committee server. This was a stunning abuse of power and may have violated campaign finance law.

The Federal Election Commission (FEC) has held that intangible items like opposition research can be considered a "thing of value" and thus a contribution under campaign finance law. A "contribution" is defined as any "thing of value" given to influence an election. A foreign entity that provides such research or information to a campaign could have a greater effect on an election than a gift of money or other tangible items of value.

Trump's request to Zelenskyy served no apparent purpose other than to benefit his reelection efforts. In other words, Trump solicited a campaign contribution from President Zelenskyy. This may have been a civil violation of campaign finance law, as it does not require the contribution to meet a monetary threshold.

The Justice Department initially blocked the transmission of the whistleblower complaint to Congressional intelligence committees, based on its determination that there was no campaign finance violation and that no further action was warranted. However, this conclusion has been criticized as incorrect and unsupportable. The Justice Department's reasons for concluding that no campaign finance violation occurred are murky, and it is unclear whether Attorney General William Barr was involved in that determination.

The scandal came to light when a whistleblower report revealed that President Trump had asked President Zelenskyy to investigate Joe Biden, his political opponent in the 2020 presidential election, and his son, Hunter Biden. Trump's actions may have violated campaign finance laws, and the whistleblower's complaint prompted a referral to the Department of Justice Criminal Division.

Trump's call with Zelensky may have been a breach of foreign corrupt practices laws

The phone call between former US President Donald Trump and Ukrainian President Volodymyr Zelensky may have been a breach of foreign corrupt practices laws. The call, which took place on July 25, 2019, involved Trump pressuring Zelensky to investigate his political rival, Joe Biden, and his son, Hunter Biden. Trump also requested an investigation into a conspiracy theory involving a Democratic National Committee server.

Trump's actions during the call may have violated federal bribery laws, specifically 18 USC Section 201, which makes it a felony for any federal "public official" to "corruptly" demand or seek "anything of value...in return for being influenced in the performance of any official act." The "anything of value" in this case could be interpreted as opposition research on Biden, which would benefit Trump's re-election campaign.

Additionally, Trump's withholding of nearly $391 million in Congressionally-approved military aid to Ukraine during the call further suggests a quid pro quo arrangement, which is a form of bribery. This was confirmed by testimony from multiple officials and text messages between diplomats.

Trump's conduct also raises questions about potential obstruction of justice. The placement of records of the call on a highly secure server and the exclusion of key officials from the call further indicate an attempt to conceal wrongdoing.

While the Department of Justice (DOJ) initially found no campaign finance violation, there is growing evidence to suggest that Trump's actions may have violated federal bribery laws. The DOJ's inaction in the face of mounting evidence raises concerns about the seriousness of the allegations.

Trump's call with Zelensky may have been an abuse of power

In July 2019, then-US President Donald Trump asked Ukrainian President Volodymyr Zelensky to investigate the family of a political rival, former vice president and presidential candidate Joe Biden. Trump may have stalled funds meant to support Ukraine's military to increase pressure on Zelensky. This phone call, along with a broader campaign to pressure Ukraine to investigate Biden, led to Trump's second impeachment trial.

Trump's defenders, mostly Republicans, argued that his actions were not offensive enough to warrant impeachment or removal from office. Democrats, on the other hand, believed that Trump's use of his office to persuade a foreign government to help him attack a political rival was an impeachable abuse of power.

Trump's call with Zelensky was part of a broader campaign by the President, his personal attorney Rudy Giuliani, and senior US officials to pressure Ukraine to investigate Biden. This campaign involved directing US officials to work with Giuliani, conditioning a White House meeting with Zelensky on Ukraine pursuing investigations, and withholding security assistance to Ukraine.

Trump's actions towards Ukraine also included welcoming Russia's President Vladimir Putin back to international diplomacy and indicating support for Russia's demands in peace talks, which could be seen as a further betrayal of Ukraine and an abuse of power.

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