Saturday, November 2, 2019

This week's episode of As the Defense Turns

A growing number of Senate Republicans are ready to acknowledge that President Trump used U.S. military aid as leverage to force Ukraine to investigate former vice president Joe Biden and his family as the president repeatedly denies a quid pro quo.

In this shift in strategy to defend Trump, these Republicans are insisting that the president’s action was not illegal and does not rise to the level of an impeachable offense as the Democratic-led House moves forward with the open phase of its probe.

But the shift among Senate Republicans could complicate the message coming from Trump as he furiously fights the claim that he had withheld U.S. aid from Ukraine to pressure it to dig up dirt on a political rival.

[...]

The pivot was the main topic during a private Senate GOP lunch on Wednesday, according to multiple people familiar with the session who spoke on the condition of anonymity to describe the meeting. Sen. John Neely Kennedy (R-La.) argued that there may have been a quid pro quo but said that the U.S. government often attaches conditions to foreign aid and that nothing was amiss in Trump’s doing so in the case of aid to Ukraine, these individuals said.

  WaPo
Obviously not the point. Trump wasn't doing it as a government policy. He was doing it for his own political purposes.
Inside the lunch, Sen. Ted Cruz (R-Tex.), who ran against Trump in 2016, said a quid pro quo is not illegal unless there is “corrupt intent” and echoed Kennedy’s argument that such conditions are a tool of foreign policy.
And there was indeed a corrupt intent.
“To me, this entire issue is gonna come down to, why did the president ask for an investigation,” Kennedy, who worked as a lawyer, said in an interview.
Mind like a steel trap.
“To me, it all turns on intent, motive. ... Did the president have a culpable state of mind? … Based on the evidence that I see, that I’ve been allowed to see, the president does not have a culpable state of mind.”
If that's true (and it isn't), then Kennedy hasn't seen any evidence.
On Thursday, Trump appointee and longtime Republican aide-turned-National Security Council adviser Tim Morrison became the latest official to testify that nearly $400 million of congressionally appropriated military aid for Ukraine was frozen to increase pressure on President Volodymyr Zelensky to investigate Biden, a 2020 presidential contender.

[...]

Meanwhile, the president has frustrated Senate Republicans by seeming to change his messaging strategy every day rather than present a coherent defense of his actions, said multiple Senate GOP officials who spoke on the condition of anonymity to comment frankly.
And so they think the thing to do is follow suit?
Indeed, a strategy that includes acknowledging a particular kind of reciprocity with a foreign government would almost certainly unnerve moderate Republicans such as Sen. Susan Collins (Maine), who faces reelection next year in a Democratic-leaning state and has said it was “completely inappropriate” for Trump to invite China to investigate Joe Biden, which the president did after the Ukraine controversy began.

[...]

One senior Republican aide cautioned that acknowledging a quid pro quo is unlikely as a strategy for the Senate GOP, even if some conservatives like the idea.

[...]

Trump’s Capitol Hill allies and Republican leaders, including House Minority Leader Kevin McCarthy (Calif.) and House Minority Whip Steve Scalise (La.), are sticking with Trump’s line that there was no proposed trade-off with Ukraine.
They'll have to change that eventually.
“You can’t have been in [the impeachment depositions] with 10 different witnesses and come out with any credible belief that there was a quid pro quo for aid. … It’s just not accurate,” said top Trump ally Rep. Mark Meadows (R-N.C.)
Can't wait to hear what he has to say after the public hearings.
In the Senate, however, some Republicans aren’t as confident and have expressed concerns about the endless drip of embarrassing headlines from daily witness testimony that the U.S. aid and a White House visit for Zelensky hinged on the Biden probe.

The Senate lunch, according to those in attendance, also focused on how best to rally to Trump’s defense if he is impeached.

[...]

While some Senate Republicans have argued for a quick trial, most other senators believe that moving quickly could backfire. Senate Republicans, especially those up for reelection next year in Democratic-leaning or swing states, could face criticism that they did not take the charges seriously.

[...]

Some Republicans suggested a longer trial could help the president by giving the GOP the opportunity to try to poke holes in the Democrats’ case.

[...]

“This may be his only opportunity to change what the public sees and hears if they’re gonna continue with their very one-sided process over in the House,” Cramer said, later adding: “In my view, [it is] in the president’s best interest to have the whole thing played out. I don’t mean five weeks, but at least the case so at least the public gets to hear his case.”
Somehow, I don't think that will be in his best interest.
Sen. Ron Johnson (R-Wis.), who has been heavily involved in the Ukraine saga and is chairman of the Foreign Relations subcommittee on Europe and regional security cooperation, argued that the United States often puts conditions on foreign aid.

[...]

Kennedy argued that there are two views on Trump’s actions: that he pushed for an investigation of a political rival; or that he pushed for an investigation of corruption in a country that has a history of missteps — and the request just happened to include the Bidens. Kennedy, an ally of Trump’s, said he expects the president’s lawyers to argue the latter during a Senate trial.

[...]

“We’ve done quid pro quos a lot of times,” he said. “... The question isn’t whether it was quid pro quo; the question is: Was it corruption?”
And the answer is yes.

UPDATE:



Indeed.  The outcome isn't the crime.  The activity is the crime.

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