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My Analysis on the Impeachment Story

It Does NOT Make Any Difference If There Was a Quid Pro Quo; Impeachment For This Will Hobble Every President’s Ability to Conduct Foreign Policy!

I was not going to write on impeachment until after the election next Tuesday but with reports of an imminent vote in the House of Representatives as early as Thursday I must say it. No impeachment!

I am still amazed that people are fixated on this Ukraine telephone call. Some seem to be fixated on was there a quid pro quo – after all the President asked for a “favor” and here’s one legacy media’s analysis that Trump pressured the Ukraine president to investigate the Bidens.

So, let’s get this out of the way: Even if it is proven the President pressured Ukraine’s leader through withholding aid to investigate the Bidens, that is not impeachable. Or at least should not be impeachable. (To borrow a aphorism from criminal law: You can impeach a ham sandwich if you have the votes to do so.)

Let me say this: Rivkin and Foley, great lawyers both, have a sensational analysis on why this Ukraine issue is not a proper subject for impeachment. Let me add a few points of my own, some consonant with Rivkin and Foley and some different.

First, every President has conditioned foreign aid on certain behaviors. The Mexico City abortion policy – some Presidents said give to abortion providers and some did not. Here’s an article on this. Foreign aid is not string-free and no nation should expect it to be.

Some might say, but this is different: This is personal. This is seeking dirt on a potential opponent just before an election and using government resources to do so. While it would not have been my advice to authorize this phone call, the actual transcript belies that analysis:

I would like you to do us a favor though because our country has been through a lot and Ukraine knows a lot about it. I would like you to find out what happened with this whole situation with Ukraine, they say Crowdstrike … I guess you have one of your wealthy people… The server, they say Ukraine There are a lot of things that went on, the whole situation .. I think you are surrounding yourself with some of the same people. I would like to have the Attorney General call you or your people and I would like you to get to the bottom of it.

* * *

Good because I heard you had a prosecutor who was very good and he was shut down and that’s really unfair. A lot of people are talking about that, the way they shut your very good prosecutor down and you had some very bad people involved. Mr. Giuliani is a highly respected man. He was the mayor of New York City, a great mayor, and I would like him to call you. * * * * The other thing, there’s a lot of talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney General would be great. Biden went around bragging that he stopped the prosecution so if
you can look into it … It sounds horrible to me.

This transcript did not copy well and I had to edit it, but it is correct to a high degree of approximation.

So the “favor” was about the Crowdstrike server issue. NOT about the Biden matter. Trump also asked the Ukraine President to look into the Biden matter as a anti-corruption and improper foreign (US) intervention probe.

Now I’ll say this: I think Trump knew exactly what he was doing: If he got dirt on Biden, that would be great. But the President figured the call would be leaked and the media would have to discuss the Hunter Biden matter. And that was the win for President.

What President Trump did not figure on was impeachment. I think the big argument ought not be primarily the reversal of the election (although that could rouse the Deplorables) but that impeachment will hobble foreign policy. For example: A Democrat President could reverse the Mexico City policy in a way that benefits (directly or indirectly) say Planned Parenthood, who had supported that candidate’s election and potentially re-election. A GOP Congress could cite the help from PP and impeach.

Impeachment will hobble any President’s ability to conduct foreign policy, which the Chief Executive is plenary under the Constitution. Any President has to have prophylactic ability to act or refuse to act in his or her best interest and that ought to be in the best interest of the nation. The House should vote no and if they refuse, the Senate should meet on the first day of trial and pass a demurrer resolution (A demurrer is a pleading that says even if the facts are proven, it is not a cause of action and the plaintiff is not entitled to recover any damages.) dismissing the articles of impeachment once and for all.

If you live in a district with a Democrat House member – politely ask him or her to vote NO. Let’s put this false issue to bed once and for all.

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

4 Responses to “My Analysis on the Impeachment Story”

  1. Just the facts says:

    You are wrong about just about everything,

    1) The Ukraine has determined in the past that there was nothing to the Biden corruption claims under their system. It’s their country, their system, not ours. End of story. Did Trump however, want Ukraine to create fake charges against Biden and or Hillary, via Giuliani who is now apparently muzzled by his own corruption investigation, or whoever? Also, you want to punt to the email server. Well, isn’t the reason Trump wanted to go there in case Hillary tried to jump in the 2020 race?
    2) Trump is going to be impeached. End of story. He will not be convicted because of the Republican corruption that runs the senate. The McConnell/wifeyChao/Communist China shipping fiasco. The US House is investigating that whole Chao/McConnell corruption based enterprise now.

    As far as your blindness about Chris Peace?

    1) Chris Peace was at McQuire Woods before he became a delegate for the corruption based Virginia General Assembly. He apparently worked under the title of “consultant” handling Smithfield Foods according to VPAP. When he left McGuire Woods and/or was elected as a Democrat running as a Republican, he still continued to work apparently under his own shingle in some fashion for Smithfield Foods for 8-10 years. Chris Peace has never denied his role as a ” grease gun” in Washington DC that facilitated the $8 BILLION sale of Virginia’s Smithfield Foods to Communist Red China. Communist Red China, literally runs N. Korea, and partners with Russia against United States interests worldwide. All this was apparently legal, but in my opinion anti-American. Chris Pease to me is a Virginia version of “Hanoi Jane” Fonda. A reference to Jane Fonda’s involvement with the Communist N. Viet Cong 50 years ago. If you enjoy having Virginia sold to the commies, and like Chinese pork, then Peace is the real Democrat next Tuesday.
    2) You conveniently leave out the Chris Peace Medicaid expansion support, and him once again using his magic “grease gun” to get it done. But only after Virginia had lost out on over $10 BILLION DOLLARS in federal funding that can never be collected by not signing onto Medicaid expansion from the start.
    3) 13 years in office is enough for any politician. They are all nothing but a bunch of lying, crooked, corrupt thieves.

    The Bible warns about you lawyers of which you and your buddy Peace are, in Luke 11:45-52. These words come directly from Jesus Christ himself.

    Luke 11:45-52 45One of the experts in the law answered him, “Teacher, when you say these things, you insult us also.” 46Jesus replied, “And you experts in the law, woe to you, because you load people down with burdens they can hardly carry, and you yourselves will not lift one finger to help them. 47″Woe to you, because you build tombs for the prophets, and it was your ancestors who killed them. 48So you testify that you approve of what your ancestors did; they killed the prophets, and you build their tombs. 49Because of this, God in his wisdom said, ‘I will send them prophets and apostles, some of whom they will kill and others they will persecute.’ 50Therefore this generation will be held responsible for the blood of all the prophets that has been shed since the beginning of the world, 51from the blood of Abel to the blood of Zechariah, who was killed between the altar and the sanctuary. Yes, I tell you, this generation will be held responsible for it all. 52″Woe to you experts in the law, because you have taken away the key to knowledge. You yourselves have not entered, and you have hindered those who were entering.”

    So there you have it, Sanford.

    • I appreciate you coming by and quoting the Bible as authority. But the “lawyers” mentioned in the NT passages are really religious experts in the Jewish laws and regulations (starting with the Torah, the first five books of the Bible) and not lawyers like we imagine lawyers. Lawyers in the recent past like Thurgood Marshall have made things better for people.

      I am not for Chris Peace – I supported Scott Wyatt and intend to vote for him.

      I still stand by the analysis. This is a partisan impeachment and that is a bad precedent.

      Thanks for coming by just the facts.

      • Just the Facts says:

        Not so fast. Yes, those lawyers were experts in Mosaic law. Now lawyers are experts in man’s law. However, they are still lawyers. They are both the keepers of the law, now mans law, however just as big a bunch of lying, crooked, thieves, as they were when they were experts in Mosaic law. A lawyer is a crooked swine no matter who’s law. Just look at how lawyers today flock to government and legalize corruption.

  2. “Do me a favor” means it is NOT a quid pro quo

    A FAVOR is NOT a quid pro quo


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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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