Legal analysis: President Trump might avoid criminality if his intangible power to conduct foreign affairs is considered broad enough. The question is whether that defense is enough to avoid impeachment.
The president's possible defense emerges from foreign affairs history.
Assume for the moment that all of those are true, and that the president enjoys the broadest possible power to condition foreign aid to a country on that nation prosecuting crimes that harm the U.S. Even so, the president still has a problem. It's the singling out of Democratic presidential candidate Joe Biden's son that ultimately could compromise this defense.
No reasonable, impartial observer would believe that any investigation into the former vice president's son would represent a corruption prosecution that Trump believed affected national security or even merited mention on a phone call with a head of state. It doesn't really matter if it's bribery, extortion or a violation of campaign finance law. It ultimately looks like an abuse of power and a corruption of the electoral process — both of which are impeachable events.
That's why this latest controversy might not pose a real criminal threat to the president, but it really could pose an impeachment threat.
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