December 7, 2019

JOSH BLACKMAN AND SETH BARRETT TILLMAN: Defining a Theory of ‘Bribery’ for Impeachment. “We disagree with this framework for analyzing bribery in the political context. Indeed, this theory, if adopted by the House, could have consequences for the separation of powers. The executive branch could come to view routine political compromises and horse-trading as illegal, and subject members of Congress to investigation and indictment. This theory would also make it effectively impossible for the president to exercise his personal constitutional authority to investigate wrongdoing by anyone, including those closely affiliated with his opponents, lest he be charged with a quid pro quo. The better theory, we contend, is that President Trump made a lawful request to Ukrainian President Volodymyr Zelensky to begin an investigation of Hunter Biden, just as he could regarding any other Americans for that matter.”

All I know is that if a Democratic president had done the exact same thing regarding a Republican, we’d be hearing “politics ain’t beanbag.”

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