https://spectator.us/day-one-impeachment-hearings/
The first day of public impeachment hearings was good for Republicans and mediocre, at best, for Democrats. That’s far short of what Democrats need — and they know it. To remove a president, they need clear evidence of serious malfeasance, enough to convince average voters and put pressure on Republicans on Capitol Hill. They did not make a strong start.
Hearsay testimony about diplomatic process is not enough, and that’s all they heard on Day One. Trump’s use of irregular back channels may be irritating to career diplomats; it may be a confusing, incoherent way to run foreign policy; but it is perfectly legal. It’s also too deep in the minutiae of public policy to engage the general public. Persuading them is essential if Democrats are to overturn a popular election and remove a president the voters freely chose.
That does not mean President Trump’s call to Ukraine’s President Zelensky was ‘perfect’ as Trump calls it. It was wrong to mention Joe Biden or Hunter Biden and wrong to have delayed the lethal aid Congress voted to give Ukraine.
But ‘wrong’ does not mean impeachable. The Trump phone call falls short of impeachment for three reasons:
The aid was never explicitly tied to a clear-cut demand in the Trump-Zelensky call;
Zelensky never did what Trump hoped for; indeed President Zelensky probably did not know about the delay in aid disbursements until several weeks after the phone call; and
Ukraine actually received all the aid after a brief delay, even though they did not act on Trump’s request.
These limitations are crucial problems for the Democrats’ case. Unless Chairman Adam Schiff and his allies of the House Intelligence Committee can shake that story, they will find it impossible to sell the episode as a ‘high crime and misdemeanor,’ bribery or treason. They need a lot more hard evidence that implicates the president directly in serious crimes. Without it, they cannot convince the public or wavering Republican office holders. It doesn’t help that the public already worries that the House process is fundamentally unfair and determined to reach a preordained outcome. Impeachment may be a political process, not a legal one, but the public demands fairness.
Trump supporters say he simply wanted an investigation of corruption in a country where it is pandemic. If that were all he sought, there would be no problem. The US has a long-standing goal of stopping corruption, and it has a specific interest in good governance where it provides aid money. The problem is that Trump wanted more. He mentioned the Biden family ties to an (allegedly) corrupt company, Burisma, in a pervasively corrupt sector, energy. He wanted those ties investigated. Since Joe Biden is a 2020 candidate, the President’s request asks a foreign government to involve itself, at least indirectly, in US politics.
That request is inappropriate, even if Hunter Biden was involved with a corrupt company and gave them political cover. It’s inappropriate, even if Vice President Biden demanded the Ukrainians fire a prosecutor who was closing in on Burisma and possibly on Hunter Biden himself. The Ukrainians should investigate that alleged corruption, but not because the US president requests it in connection with a political opponent.