Trump's Impeachment: What Laws Were Broken?

Former US President Donald Trump has been accused of breaking several laws during his time in office, including the Impoundment Control Act, which he violated by withholding defence aid to Ukraine. This was part of an attempt to pressure Ukraine into investigating a political rival, which is illegal. Trump has also been accused of profiting from the presidency, soliciting foreign interference in US elections, advocating for political and police violence, reckless conduct, persecuting political opponents, attacking the free press, violating immigrants' rights to due process, and violating campaign finance laws.

Violating the Impoundment Control Act

On the day that House managers transmitted two articles of impeachment to the Senate, the Government Accountability Office (GAO), a nonpartisan public auditor, reported that President Trump had violated the Impoundment Control Act. This violation occurred when Trump unilaterally withheld $214 million of legislatively appropriated Defense Department aid for Ukraine without obtaining authorization from Congress.

The Impoundment Control Act was passed at the height of the Watergate scandal in 1974 to prevent a rogue president from withholding lawfully appropriated funds. In the case of Trump, the GAO concluded that:

> "Faithful execution of the law does not permit the president to substitute his own policy priorities for those that Congress has enacted into law."

The violation of this Act is not a minor technicality. A president who seeks to put a hold on such funds for policy purposes must transmit to both the House and Senate "a special message" specifying "the amount of budget authority which he proposes to be rescinded or which is to be so reserved" and "the reasons why the budget authority should be rescinded or is to be so reserved."

Documents released through a Freedom of Information Act lawsuit disclose that the White House Office of Management and Budget had blocked the military aid under direct orders from the president and knowingly failed to file a report with Congress. This was confirmed in an email exchange between Elaine McCusker, acting comptroller of the Defense Department, and Michael Duffey, associate director for national security programs with the Office of Management and Budget. In the exchange, Duffey states that there was "clear direction" from the president "to continue to hold."

Trump disputed the GAO's conclusion, saying that he acted lawfully under his authority to carry out American foreign policy. However, evidence suggests that Trump's claims of fighting corruption in Ukraine and getting European nations to contribute their fair share of aid were pretextual.

The withholding of military aid to Ukraine is a significant issue because it indicates that Trump was using taxpayer money as a bargaining chip to pressure Ukraine's president into investigating a political rival, Joe Biden, and his son. This action not only violates the Impoundment Control Act but also constitutes soliciting a valuable contribution to his campaign from a foreign entity, which is forbidden by campaign finance laws.

Obstructing justice

The allegations of Donald Trump's obstruction of justice centre on his attempts to impede investigations into his relationship with Russia during the 2016 election. Trump asked James Comey, the FBI director, to drop an investigation into Michael Flynn, his National Security Advisor. When Comey refused, Trump fired him. Trump then tried to fire Robert Mueller, Comey's predecessor, and ordered White House Counsel Don McGahn to create a false record indicating that no such attempts had been made. McGahn refused.

Robert Mueller's investigation revealed multiple instances of "very substantial" evidence that Trump had committed obstruction of justice. Trump repeatedly attempted to intimidate or influence witnesses in proceedings against him.

Trump's 2016 election campaign was investigated over its alleged ties to Russian interference in the US election. Trump was also accused of obstructing justice during the Mueller investigation.

Trump's defenders, mostly Republicans, do not deny his actions but argue that the offense is not worthy of impeachment or removal from office. Democrats, on the other hand, believe that Trump using his office to persuade a foreign government to help him attack a political rival is an impeachable abuse of power.

Profiting from the presidency

Trump repeatedly pushed his properties as avenues to secure his favour, and multiple foreign officials stayed at his properties while lobbying his administration. Saudi officials and an Iraqi sheik stayed at his hotel while lobbying for their interests. China approved multiple trademarks for his family's brands while negotiating trade policies.

Trump promoted his club in Doral, Florida, for the 2020 G-7 Conference, and then the White House announced the multi-million-dollar contract was awarded to Trump's own resort after his suggestion. Ultimately, this contract was cancelled despite his attempts to abuse his position.

Every time Trump golfed at a Trump property, he funnelled taxpayer money into his family business, violating the Domestic Emoluments Clause. To date, Trump has spent over $100 million of taxpayer dollars to golf and vacation at his own properties.

In addition, Trump enlisted the help of another country in his campaign for a second term. There is plenty of evidence for this, including investigators' records of the phone call, Trump's own admission, and the admission of his private attorney, Rudy Giuliani.

Soliciting foreign interference in US elections

Donald Trump was accused of soliciting foreign interference in the 2020 US elections from Ukraine and China. The controversy began with a phone call between Trump and Ukrainian President Volodymyr Zelensky on July 25, 2019, during which Trump urged Zelensky to investigate Joe Biden and his son, Hunter Biden, based on allegations of corruption. Trump also allegedly withheld $391 million in military aid to Ukraine as a bargaining chip to pressure Zelensky into investigating the Bidens.

The call came to light through a whistleblower complaint filed by an anonymous CIA official in August 2019, who expressed "urgent concern" that Trump had solicited foreign interference in the upcoming election. The whistleblower's complaint sparked a formal inquiry by the Democrats, leading to Trump's impeachment by the House of Representatives on two charges: abuse of power and obstruction of Congress.

During the impeachment trial in the Senate, Gordon Sondland, the US ambassador to the European Union, testified that he was working at the "express direction" of the president when pressuring Ukraine to investigate the Bidens and that a White House visit for Zelensky was offered as an incentive. However, Trump was ultimately acquitted of the charges, as his own Republican Party did not turn against him.

In addition to Ukraine, Trump also publicly called on China to investigate the Bidens, stating that if they "do what we want, we have tremendous power" in ongoing trade negotiations. Trump's comments were not taken as a joke, as some Republicans claimed, as evidenced by statements from Chinese officials and a Trump aide, who confirmed that China had provided information on Hunter Biden's business dealings.

Trump's actions regarding Ukraine and China constituted a violation of federal law, which prohibits campaigns from soliciting or accepting anything of value from a foreign national. This was not the first time Trump had been accused of soliciting foreign interference, as his 2016 campaign was investigated for its alleged ties to Russia. During that campaign, Trump publicly called on Russia to find Hillary Clinton's "missing" emails, and Russian hackers attacked Clinton's personal office just hours later.

Attacking the free press

President Trump has repeatedly attacked the concept of an independent press. He has called critical coverage "fake news" and journalists "the enemy of the American people". He has also made threats to change libel laws and revoke licenses, and his battles with CNN led him to try to interfere in the AT&T/Time Warner merger.

The Trump administration has repeatedly and baselessly revoked press credentials for critical coverage. He has dismissed the murder of a critical journalist, citing the economic partnership the US has with the offending nation.

This demonstrates his unwillingness to respect and uphold the Constitution, and disdain for the crucial foundations of a free society.

Trump's narcissism and his habit of ignoring actual election results may not be the only reasons he has talked so incessantly (and inaccurately) about the incredible size of his 2024 election victory and his "unprecedented and powerful mandate". He really doesn’t need to convince a lot of people that he has the right to make big changes in Washington. His party, which he rules like a personal fiefdom, controls Congress. He is in a position to enact pretty much whatever he wants, owing to the budget reconciliation process that neutralizes Senate filibusters.

Trump is in his last term of office and is not the sort of politician to worry a lot about his party's future success. But what he apparently wants isn’t just legislation or conventional executive orders. He wants power unconstrained by Congress or the legal system; he wants the power to break laws and get away with it, just as he’s gotten away with so many other things that crossed the line between lawful and lawless behaviour.

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