Keith Mack
The Trump-Ukraine scandal refers to the controversy surrounding a phone call between then-US President Donald Trump and Ukrainian President Volodymyr Zelenskyy in July 2019. During the call, Trump allegedly pressured Zelenskyy to investigate his political rival, Joe Biden, and his son, Hunter Biden, who was on the board of a Ukrainian energy company. This incident raised questions about whether Trump had abused his power and broken the law. While the specific law number is unclear, some have argued that Trump's actions may have violated campaign finance laws and constituted an impeachable abuse of office. The scandal led to the House of Representatives launching impeachment proceedings against Trump, with articles or charges pertaining to the Ukraine call and potential prior offences.
| Characteristics | Values |
|---|---|
| Date | January 2020 |
| Organisation | Government Accountability Office |
| Law broken | Federal law |
| Action | Withholding Congress-approved military aid to Ukraine |
| Impeachment | Not dependent on breaking the law |
| Impeachable offence | Abuse of office |
| Impeachable offence | Soliciting a valuable contribution to his campaign from a foreign entity |
| Impeachable offence | Contempt of Congress |
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What You'll Learn
Contempt of Congress
In January 2020, the Government Accountability Office, a non-partisan watchdog, concluded that the White House broke federal law by withholding Congress-approved military aid to Ukraine.
Trump was also accused of contempt of Congress, which is the misdemeanour act of obstructing the work of the United States Congress or one of its committees. It is considered an "implied power" of the legislature, in a similar manner as the British Parliament could make findings of contempt of Parliament. Congress has the power to restrain individuals from interfering with its actions. Historically, the bribery of a US senator or representative was considered contempt of Congress, but this interpretation has long since been abandoned in favour of criminal statutes. In 1857, Congress enacted a law that made "contempt of Congress" a criminal offence against the United States.
One prominent example of contempt of Congress occurred during the Watergate scandal. In 1974, the Congressional Judiciary Committee issued two subpoenas for the tapes of the conversations with then-President Nixon to investigate the scandal. Nixon refused and Congress considered whether to hold him in contempt for refusing to comply with their subpoena during his impeachment debate. The issue was ultimately rendered moot because he resigned.
In the context of the Ukraine scandal, Trump could be charged with contempt of Congress if he refused to cooperate with the impeachment trial.
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Abuse of office
In January 2020, the Government Accountability Office, a non-partisan watchdog, concluded that the White House broke federal law by withholding Congress-approved military aid to Ukraine. This was seen by many as an impeachable abuse of office.
Democrats believe that Trump used his office to persuade a foreign government to help him attack a political rival, which is an impeachable abuse of office. They say that Trump was seeking something of value from Ukraine, namely opposition research on Biden.
If the investigation found that Trump abused his position to gain a competitive advantage over his adversary in the election, that would amount to soliciting a valuable contribution to his campaign from a foreign entity, which is forbidden by campaign finance laws. In order to be a criminal violation, a contribution needs to be more than $2,000. But for it to be a civil violation, any amount—monetary or otherwise—will do.
One article that could be used to impeach Trump is "contempt of Congress" if he refuses to cooperate.
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Obstruction of justice
In January 2020, the Government Accountability Office, a non-partisan watchdog, concluded that the White House broke federal law by withholding Congress-approved military aid to Ukraine. While a presidential action does not need to break a law to be impeachable, Trump's actions may have done so. If the investigation found that Trump abused his position to gain a competitive advantage over his adversary in the election, that would amount to soliciting a valuable contribution to his campaign from a foreign entity, which is forbidden by campaign finance laws.
For it to be a criminal violation, a contribution needs to be more than $2,000. However, for it to be a civil violation, any amount—monetary or otherwise—will do. As McCallion, a lawyer, stated, "There are specific campaign laws which prohibit any US citizen, whether it be the president or otherwise, from receiving a benefit or a value from a foreign party."
Those who support impeachment say Trump was clearly seeking something of value from Ukraine, specifically opposition research on Biden. This could be interpreted as "contempt of Congress" if Trump refuses to cooperate. The House only needs a simple majority on one of the articles to trigger an impeachment trial in the Senate.
Democrats believe that Trump using his office to persuade a foreign government to help him attack a political rival is an impeachable abuse of office. While the Ukraine call finally convinced Democrats to launch impeachment proceedings, the House of Representatives can put multiple "articles" of impeachment to a vote. In this context, "articles" essentially mean "charges." Lawmakers can vote to impeach the president based on any number of offenses, including actions prior to the Ukraine call, such as obstruction of justice during the Mueller investigation.
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Soliciting a valuable contribution to his campaign from a foreign entity
While it is not necessary for a presidential action to be illegal to be impeachable, Trump's Ukraine call may have broken the law. If it is found that Trump abused his position to gain a competitive advantage over his adversary in the election, this would amount to soliciting a valuable contribution to his campaign from a foreign entity, which is forbidden by campaign finance laws. To be a criminal violation, a contribution needs to be more than $2,000, but for it to be a civil violation, any amount—monetary or otherwise—will do.
Trump's Ukraine call finally convinced Democrats to launch impeachment proceedings. They believe that Trump used his office to persuade a foreign government to help him attack a political rival, which is an impeachable abuse of office. However, the impeachment of a president does not require an illegal act, and the House of Representatives can put multiple "articles" of impeachment to a vote. In this context, "articles" essentially mean "charges", and lawmakers can vote to impeach the president on the basis of any number of offences.
One article could be "contempt of Congress" if Trump refuses to cooperate. The House only needs a simple majority on one of the articles to trigger an impeachment trial in the Senate.
In January 2020, the Government Accountability Office, a non-partisan watchdog, concluded that the White House broke federal law by withholding Congress-approved military aid to Ukraine.
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Withholding Congress-approved military aid to Ukraine
In January 2020, the Government Accountability Office, a non-partisan watchdog, concluded that the White House broke federal law by withholding Congress-approved military aid to Ukraine. This was not the only allegation of lawbreaking against Trump regarding his conduct with Ukraine. Democrats believed that Trump using his office to persuade a foreign government to help him attack a political rival was an impeachable abuse of office. This was not the only article of impeachment that could be brought against Trump, as the House of Representatives can put multiple articles of impeachment to a vote. One other article could be "contempt of Congress" if Trump refused to cooperate.
For impeachment to be triggered, Trump's actions would have to be interpreted as soliciting a valuable contribution to his campaign from a foreign entity, which is forbidden by campaign finance laws. This would constitute a criminal violation if the contribution was more than $2,000, but any amount would be sufficient for a civil violation. Supporters of impeachment say that Trump was clearly seeking something of value from Ukraine, namely, opposition research on Biden.
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Frequently asked questions
While a presidential action does not need to break a law to be impeachable, Trump's actions may have done so. If the investigation found that Trump abused his position to gain a competitive advantage over his adversary in the election, that would amount to soliciting a valuable contribution to his campaign from a foreign entity, which is forbidden by campaign finance laws.
For it to be a criminal violation, a contribution needs to be more than $2,000.
For it to be a civil violation, any amount—monetary or otherwise—will do.
