There was no impropriety in President Trump’s asking Zelensky to assist the Justice Department’s investigation into the origins of the Russia probe.
Long before the conversation came around to the Biden topic, the “favor” that Trump asked for was Zelensky’s assistance in
Barr’s ongoing investigation of the genesis of the Trump-Russia investigation.
This is a legitimate investigation conducted by the United States Department of Justice, which has prosecutors assigned and grand jury subpoena power. It is examining questionable Justice Department and FBI conduct. It is considering whether irregularities rise to the level of crimes. It will be essential to Congress’s consideration of whether laws need to be enacted or modified to insulate our election campaigns from politicized use of the government’s counterintelligence and law-enforcement powers.
It is a commonplace for the government to seek assistance from foreign counterparts for ongoing federal investigations.
Democrat senators pressured Ukraine to cooperate with the Mueller probe — notwithstanding the obvious potential electoral ramifications and the specter of “foreign interference in our democracy.” These requests for assistance often occur at the head-of-state level. The FBI and Justice Department asked President Clinton to intervene with Saudi authorities to assist the investigation of Iranian complicity in the
Khobar Towers bombing.
There is nothing wrong with our government’s requesting the assistance of foreign governments that have access to witnesses and evidence relevant to an ongoing Justice Department investigation. The president is the democratically elected, constitutionally empowered chief executive: There is nothing his subordinates may properly do that he may not do himself (it is his power that they exercise). And the president is never conflicted out of executive branch business due to his political interests. There is no legal or ethical requirement that the Justice Department be denied potentially probative evidence because obtaining it might affect the president’s political fortunes.
There was no impropriety in President Trump’s asking Ukraine’s president to assist the Justice Department’s investigation of Russiagate’s origins.
Biden was the Obama administration’s point man in dealing with Kyiv after Viktor Yanukovych fled in 2014. That course of dealing came to include
Obama administration agencies leaning on Ukraine to assist the FBI in the investigation of Paul Manafort, Trump’s campaign chairman. So, Biden’s interaction with Ukraine is germane: The fact that he had sufficient influence to coerce the firing of a prosecutor; the fact that, while Biden was strongly influencing international economic aid for Kyiv, a significant Ukrainian energy company thought it expedient to bring Biden’s son onto its board and compensate him lavishly — although Hunter Biden had no experience in the industry.
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