For months, the White House, congressional Republicans and the conservative punditocracy have rebutted House Democrats’ impeachment efforts by arguing that President Trump’s July 25 phone call with his Ukrainian counterpart, Volodymyr Zelensky, didn’t amount to some nefarious “quid pro quo.”
This strategy is mistaken. The “no quid pro quo” clash amounts to a semantic debate over a phone call transcript. And it is largely unpersuasive, on its own terms, and especially to the president’s haters.
Instead, there is a more intellectually compelling and politically potent line of argument that Trump and his defenders ought to adopt — free speech.
In 2014, a Texas grand jury indicted then-Gov. Rick Perry for supposedly abusing his official capacity when he threatened to withhold $7.5 million in funding for the Travis County district attorney’s public integrity unit unless the troubled DA resigned her post.
Let’s call a spade a spade: This was a quid pro quo.
At the time, an illustrious and ideologically diverse group of legal scholars — ranging from former Judge Michael McConnell and former US Attorney General Michael Mukasey on the right to liberal free speech champions Floyd Abrams and Alan Dershowitz on the left — argued that the First Amendment protects a governmental official’s right to threaten taking a lawful action to attain a preferred political outcome.
In a nutshell, they argued that Perry’s threat amounted to constitutionally protected “core political speech.”
The Texas Court of Criminal Appeals, which is the Lone Star State’s highest court for criminal cases, agreed. “Public servants have a First Amendment right to engage in expression, even threats, regarding their official duties,” the court held. “Many threats that … public servants make as part of the normal functioning of government” would be criminalized under the special prosecutor’s legal theory, the court continued.
The Texas Court of Criminal Appeals’ rationale is neither partisan nor political; it is pure logic and common sense. And it was based on the crown jewel of our Constitution’s Bill of Rights: the First Amendment’s free speech protection.
Fact is, the quid-pro-quo bogeyman is a routine occurrence in our day-to-day politics. The entire legislative premise of logrolling, a practice as old as Congress itself, is premised on quid-pro-quo arrangements.
In more modern times, before issuing his executive amnesty in 2014, President Barack Obama consistently threatened to use his “pen and phone” if Congress didn’t pass the laws he desired when it came to immigration policy. Similarly, committee chairmen routinely threaten to take away unruly lawmakers’ committee assignments if they fail to vote in accordance with congressional leadership’s desires.
To treat such cajoling as a high crime — and impeachable if the US president does it — would render governing impossible.
How can the duly elected president of the United States be removed from office for engaging in constitutionally protected speech aimed at getting a foreign leader to investigate corruption and past election meddling?
In the rather tiny minds of Liberals only the GOP breaks the law while democrats can break the law and et a way with it because liberals are idiots
@Spurwing Plover: The House not only want to control the executive branch of government, but they want to take over the judicial branch responsibilities, too.
If anything borderline legal can be taken to its corrupt extreme, you can expect the Democrats to do it. Yet, throughout Trump’s term thus far, they have taken innocuous and innocent actions and tried to make them illegal and impeachable. Like their declaration that Obama’s failed economy was a “boom”, so they declare that Trump carrying out his legal duties is “impeachable”.
So, we’re supposed to believe that the most corrupt president ever to occupy the White House was withholding military aid from Ukraine in an effort to root out Ukrainian corruption—which just happens to center on his most likely 2020 presidential opponent.
Also, we’re supposed to believe that he required the clandestine services of his unpaid personal attorney—who not only works for free, but has no business interests in Ukraine that would compensate him for his time, travel, and efforts—to pursue that end, when he could have openly stated his anti-corruption policy objectives and pursued them through proper State Department channels.
This is ridiculous. It’s exactly what it appeared to be: There was a quid pro quo proposition, and the thing being sought from a foreign government in exchange for the release of withheld military aid was an investigation that Trump could use as a political weapon against his most likely presidential election opponent.
If that were not the case, there would be no reason for the cover-up. They knew what they were setting up was improper, and probably illegal.
@Greg:
That is what you said before, Comrade Greggie. That Obama withheld military aid to Ukraine because of corrupt politicians and Russian sympathizers.
And why do you rag on Mayor Rudy when you did not rag on Valerie Jarrett?
@Greg:
What does Obama have to do with it? It DOES just happen to center on a possible 2020 opponent… because that likely opponent extorted Ukraine to protect his son. THAT is something you should believe, as it is absolutely true.
@Greg: What cover-up. It appears that everything was published and explained. Now, what about that selling guns to the drug lords? When is that going to be explained?
@Randy: Trump covered up that he had not committed any impeachable offenses. The Democrats exposed that fact.
@Greg: The primary motivation for the investigations was about where the money went, and election meddling. That Joe was involved was definitely an added bonus, and probably sweetened the pot. That’s not illegal. That’s “what goes around, comes around”.
Biden never should have been involved there, and any investigation was brought on by himself.
@Nathan Blue: Greg, of course, has no problem with Chalupa seeking dirt on Trump from Ukraine while Trump was a candidate. He also has no problem with Durbin, Leahy and Menendez seeking dirt on Trump from Ukraine while he was a candidate. Somehow, being a candidate only shields Democrat scumbags like Hillary and Biden.
It wasn’t Trump that bragged on video the he successfully extorted Ukraine to protect his equally corrupt son. That was Biden and he has brought all the attention upon himself. I’m sure Trump feels the same as I do; I want no other candidate to oppose Trump more than I want the idiot, gaffe-machine, failure Biden. Greg always complained that perhaps the most vetted person to have ever run for President wasn’t vetted enough; he should be demanding his lying, corrupt, socialist Democrats should vet THEIR candidates so they don’t keep choosing criminals.
Basically, beyond any possible doubt or argument, Greg only cares about ideology; he cares nothing for truth, laws or the Constitution.
#6 on the Taco bell menu and the CIA WB spy are the connection back to the White House and Spygate, wonder after this is all exposed if we dig a bit further there is a 2012 election scandal as big or bigger.
Involving an old drunken harpy with sloppy security habits was just a very bad idea, paying off Big Mouth gaff master Biden even worse.
CIA spying on Congress, Awan Brothers spying on congress, we have years of little things to look into.
I hope they keep Assange alive as a journalist this seems to be a political prisoner issue.
JW got a few more Emails from the FBI and State Dept you know funeral plans or Yoga workout schedules.
@kitt: Obama used Ciaramella to get dirt on Trump from Ukraine
@Deplorable Me:
But that’s one of Trump’s endless lies, isn’t it? The man is an inveterate liar. He lies with every other breath. He lies about everything. He’s made out of lies. Lies are his weapons and his protection. Truth to this man would be like sunlight to a vampire.
This is not an accusation. It is a demonstrable fact. Anyone who follows current events and claims not to be aware this is either abysmally stupid, or a liar themselves.
@Greg:
The liar is you, Comrade Greggie Goebbels. You print out your disinformation to protect those who you support. You are no better than the Russians you work for.
@Deplorable Me: Yes Ciaramella is a CIA analyst/spy. Greg wont say who Mifsud was freelancing for and Halper may not have only been being paid by the pentagon but double dipping with Steele.
After all you dont expect the DNC to spend just their money to spy on the adversary.
We paid at least 1 million to Halper.
@retire05, #14:
Maybe there’s hope for those who don’t accept the last cup of Kool-Ade he offers.
Can members of the Trump cult be deprogrammed after the leader falls? Steven Hassan says yes
@Greg: Bwahahahaha SALON??!
I have news for Salon the timing of the IG report is careful.
over 20% of attendees at Trump rallies are democrat registered voters and welcome they are!
They should come up with a statute that Trump violated prior to the impeachment vote in the house.
The whole cult conspiracy thing is only catching on with Wretched Madcow conspiracy fans they will jump down any rabbit hole that promises taking down the POTUS.
The Weasle zipper spy has an interesting history Halper had invited and co-taught his course on intelligence with the former Director of Russian Intelligence Gen. Vladimir I. Trubnikov.
@Deplorable Me:
The very foundation needed for all forms of totalitarian ideologies to succeed. Without ideologues like that, totalitarian states would cease to exist.
@Greg:
Uh… no. Biden admitted it…BRAGGED about it. That’s how STUPID he is.
Your desperation is showing, Greg.
@another vet: Greggie is only a parrot. He can not think, cannot reason, just repeat what others say! He has no ability to know right from wrong, fair from wrong or even what is righteous.
‘Ratfu*ker now a proper legal term for those involved coup attempts.
https://www.zerohedge.com/news/2019-05-24/ratfuker-and-spy-stefan-halper-sued-cambridge-academic-smeared-flynns-honeypot
Doesn’t look like the Democrat’s impeachment hoax is having the desired result. They are losing support for impeachment and minority support for Trump is growing.
@Greg:
The real question is how we are going to deprogram you and your party.
@Nathan Blue: The current Dems have relegated the party to losing elections in the future until someone steps up who can move to the middle. Losing the minority vote has long term potential for losing. national elections. Looks like folks have moved off of the plantations and think before they vote. I believe this has come about because most Americans want fairness. The claims of racism against Trump are bogus and is recognized as such. The majority of voters are more intelligent than given credit. It is only the ignorant tied to their ideology like Greggie who fail to think about what is important for this country.
@Randy: Kind of like the people we were up against in Iraq. The Ba’athists and Radical Islamists were of totalitarian mindsets as well. It’s just that those two ideologies haven’t been anywhere near as “successful” at killing people as Communism has.
@Deplorable Me:
They are desperate. The DS is selectively leaking to their comrades in the MSM in order to shape the narrative of what’s coming out tomorrow. They can claim the spies weren’t spies and the spying wasn’t spying even though what they’ve leaked (if it’s even true to begin with) are the very definitions of spy and spying. Their mindless cultist sheep will believe it but normal Americans won’t. And if the IG chooses once again to claim there was no political bias, oh well. Just like the bogus quid pro quo accusations that didn’t wash because we had seen the transcripts, that won’t wash either because we’ve seen the lovebirds’ texts and all of those Comey and McCabe tweets attacking POTUS.
To make matters worse, we are also approaching the lefts’ most hated holiday (along with the Fourth) so they’ll be miserable to begin with.
@another vet: Someone has to pay or this will continue for many decades. Looking at the non-white vote, I believe Trump will be re-elected. I believe that there will be some middle of the road Dem who will step up in 2024. The economy will crash and in 2028, someone like Junior will run and get the US on track. No one will ever believe the dems again if Junior can turn the economy around. People like Greggie will condemn the Dems to a losing party. Only a 3rd party will be able to win.
@Randy:
Other than Joe Manchin, there really aren’t any. Obama took the Party hard left and it’s been going even further left as if that were even possible. Look at their top four. Biden, who at least tries to pretend he’s not a socialist, is at 27%. Sanders, Warren, and Buttleig, (a Communist and two socialists), combine for 45.1%. Most of the lesser candidates are socialists to varying degrees as well. That means the overwhelming number of dems prefer some sort of socialist.
The Dummycrats have no evidence!
Better be careful , putting someone on trial without any evidence is wrong. IT MIGHT BE YOU THE NEXT TIME.
Get over it you wimpy Dummycrats. YOU LOST. BOO HOO
If your going to call someone a liar, please state them. “ I have never had sex with that women”. I smoke cigars.
@Stars & Stripes: They are always on then oppression side. Democrats trust the subjugation will always be directed at someone else.
Greg poops in his paints every day. I hope you think twice before you acknowledge a stinky person like Greg.
Trump will never clean out the DC SWAMP. Wake up America, you are paying these wimps millions for this dog and pony show.
Want to see example of the swamp ? Watch the Dummycrats debates.
Tulsi Gabbard files $50 million defamation suit against Hillary Clinton over “Russian asset” comment.
@Stars and Stripes, #30:
I was noticing Trump’s increasingly bizarre oratorical hand gestures earlier this morning, and thinking how much more effective they might be if he was wearing a sock puppet on each hand. Maybe you could give him some pointers.
@Greg: You really are sick! Seek some help!
Same ole same ole Greg. Is that the best you have Greg you don’t like President Trump’s hand gestures?
1. Tell me how the Obama administration was aloud to sell our uranium to anyone. It ended up in Iran.
2. How was the DUMMYCRATS aloud to pass a bill with over 2000 pages without anyone reading it?
3. Why was the Obama administration aloud to sell weapons to Mexican drug lords ? Yes they killed an American.
3. Please tell me where Obama and Hillary were when our embassy was attacked in Benghazi., and AMERICAN ‘S were killed pleading for help. If I’m not mistaken, Obama blamed it on a film maker and had him locked up.
4. Why would Obama bow to an Arab ?
5. Why did Obama send 1.2 billion in cash to Iran on a wooden pilot ? You can kill a lot of Americans with 3 billion dollars that Obama sent to Iran?
Please tell me, Greg, you voted for him, probably twice.
And you don’t like President Trump’s hand gestures. I’m sure you lib’s know hand gestures.
The Dummycrats have contested every Election Republican’s have won.
You lost BOO HOO HOO..
You’ll have another 4 years to spread lies. NO EVIDENCE, NO COLLUSION IN THREE YEARS.
BETTER BE CAREFUL OF CHARGING A PERSON OF A CRIME WITHOUT ANY EVIDENCE . It may be you someday.