Dismissal of All Charges

The House’s vote on articles of impeachment is over; now begins the Senate trial phase—with that, we leave behind the Adam Schiff kangaroo court and enter into a true court of law—with actual rules and a real life judge: Supreme Court Chief Justice Roberts.

The first piece of business for Donald Trump’s defense team should be to petition the court for an immediate dismissal of all charges.

The White House should in no way entertain a trial. Plainly stated, they don’t need to.

There is no merit to the partisan articles of impeachment leveled by House Democrats.

There was no obstruction of Congress, and certainly no abuse of power.

The whistleblower complaint never held up.

The U.S. military aid to the Ukraine was never used as leverage to extract some favor from the Ukrainian government for dirt on former Vice President Joe Biden.

It couldn’t be—President Trump never controlled the military aid—so there could be no quid pro quo.

The timeline and constraints placed on the military aid by the U.S. Congress were the main factors in a hold being placed on the aid.

It was the fact the Ukrainian legislature had been dissolved by newly elected President Volodymry Zelenskyy upon his taking of office. The new parliamentary elections wouldn’t take place until July 21, 2019, and that new body wouldn’t be seated until mid-August.

The dilemma, the U.S. Congress had placed specific language into the legislation that created the aid packages ($250 million, $141 million), demanding the Ukrainian Legislature demonstrate a commitment to address corruption in their country before the U.S. military aid could be released.

Why did the U.S. Congress specify the Ukrainian Legislature demonstrate control over the functioning of their government rather than use a general term such as Ukrainian government? One can look to the function of America’s own legislature. The House and Senate have wide ranging authority over military and intelligence oversight. Therefore, it stands to reason the members of the U.S. Congress felt it was the Ukrainian legislature that had to demonstrate control—not merely bureaucrats or even the office of the Ukrainian President.

It was this clause that forced President Trump’s hand.

He had no choice but to order the OMB (Office of Management and Budget) put the hold on the U.S. military aid package to the Ukraine. The conditions of the legislation he had signed into law had not been satisfied and until they were, the military aid package could not legally be released.

In effect, the constraints placed on the military aid by the U.S. Congress could not be realized until a viable Ukrainian legislature was installed. Additionally, the newly installed legislature had to give some assurance they were committed to addressing corruption in their country.

But the legal holders of the U.S. military aid funding, the Department of Defense (DoD) and State Department, issued notification to the OMB, in mid-June 2019, requesting the release of the funds associated with the military aid package. This all took place a full month prior to the Ukrainian parliamentary elections.

This is what precipitated Mr. Trump’s actions.

It must be pointed out, once the conditions of the U.S. Congress were satisfied—President Trump would have no involvement in the release of the military aid.

This is the critical point glossed over by House Democrats.

Once the stipulations placed on the military aid by the U.S. Congress, including House Democrats in 2018 and 2019, were satisfied, President Trump could not legally intervene, either to authorize or deny the release of the U.S. military aid.

In reality, the President was never in control of the military aid—that control rested with the Department of Defense and State Department.

What President Trump controlled was making sure the DoD and State Department fulfilled their obligation to the U.S. Congress.

Ultimately, the DoD and State Department engaged in unlawful acts.

The President, as the enforcer of law, had no choice but to prohibit the DoD and State Department from committing unlawful acts.

However, once the constraints placed on the aid were satisfied, the President had no control over the disbursement of that aid—hence, he could not leverage the military aid to gain some quid pro quo.

President Trump shouldn’t engage in a political fight with Democrats.

He should simply direct his legal team to immediately petition the court to dismiss the charge of abuse of power—with extreme prejudice.