Thursday, May 21, 2020

Federal Criminal Offenses and the Impeachment of Donald J. Trump

Editor's note from co-editor-in-chief Ryan Goodman: This collection of leading legal experts discusses a range of federal crimes that apply to the conduct of President Donald Trump, based on the evidence produced by the House of Representatives' impeachment inquiry.

The short pieces that follow this introduction outline various ways in which the evidence compiled by the House Intelligence Committee supports the allegations of serious criminal liability by the President and otherwise supports allegations of impeachable offenses - from abuse of power, to violations of the bribery and the Federal Election Campaign Act statutes.

The President's alleged criminal acts were undertaken in a context that makes them particularly subject to impeachment.

Of the various criminal laws potentially implicated by President Donald Trump's conduct toward Ukraine, bribery has special significance.

In terms of President Trump's own mindset in making the offer to Ukrainian officials, the FCPA does impose a higher requisite criminal intent than many criminal laws, but that criminal intent has also been met under the evidence presented before the House Committees.

"Intimidate, threaten, command or coerce." There was ample evidence at the Intelligence Committee hearings that President Trump "Commanded" federal employees to press Ukraine to announce investigations damaging to his political rivals.

Based on the analysis above, a prima facie case can be said to exist that President Trump directed employees of the federal government to engage in political activity in violation of Section 610, or at the very least in violation of those officials' own duties under the Hatch Act and its regulations.

https://www.justsecurity.org/67738/federal-criminal-offenses-and-the-impeachment-of-donald-j-trump/

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