Opinion: Shakedown and Cover-Up – A Guide To The Impeachment Hearings

Welcome

The American flag flies outside the U.S. Capitol before sunrise in Washington, D.C., U.S. Photographer: Andrew Harrer/Bloomberg

When witnesses begin testifying publicly in the House impeachment inquiry this week, two issues will predominate:

1) The Shakedown: whether Trump tried to get Ukraine to investigate his political opponents — former Vice President Joe Biden and the Democratic National Committee. 

2) The Cover-Up: whether Trump interfered with Congress’ investigation into The Shakedown

Here’s a framework for organizing the testimony as you hear it.

#1: What was The Shakedown?

Trump wanted Ukraine to announce publicly its pursuit of two investigations:

#2: Who were Trump’s henchmen?

Rudy Giuliani was the point person for The Shakedown. His influence became apparent when he orchestrated the ouster of the US ambassador to Ukraine, Marie Yovanovitch.

On Nov. 13, Deputy Assistant Secretary of State George Kent will testify about this episode publicly. Yovanovitch will testify on Nov. 15.

Although not involved in the Yovanovitch episode, two more key players in The Shakedown were acting chief of staff and OMB Director Mick Mulvaney and US Ambassador to the EU Gordon Sondland. We turn to them next.

#3: What was Trump’s leverage?

For years, bipartisan support for Ukraine — a former Soviet satellite — has been a matter of US national security.

#4: How did The Shakedown unfold?

Trump’s July 25 call is a single scene in The Shakedown. On Nov. 13, acting Ambassador William Taylor will testify publicly to its surrounding context. So will Deputy Assistant Secretary of State George Kent.

#5: What’s The Cover-Up?

On Sept. 25, Trump released the White House summary memorandum of his July 25 call with Zelensky. When the problems it created for him became apparent, Trump began a pattern of obstruction that continues. 

#6: Is Trump’s conduct impeachable?

The US Constitution specifies the standard for impeachment: “Treason, Bribery, or other High Crimes and Misdemeanors.” That includes these crimes:

But proof of criminal conduct is not a prerequisite to impeachment because the President is held to a higher standard. For example, the House Judiciary Committee approved articles of impeachment against Richard Nixon for “violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States.”

Initially, Trump said his July 25, 2019 call with Zelensky was “perfect.” Now he wants it all to go away.

Without facts to support any substantive defense, congressional Republicans are now testing two arguments. One throws Giuliani, Mulvaney, and Sondland under the bus as rogue players in The Shakedown. It won’t fly.

The other GOP position admits that what Trump did was wrong, but not illegal or impeachable. Eventually, only the “not impeachable” piece will survive. But if Trump’s conduct isn’t impeachable, what is?

Steven J. Harper is a regular contributor to News & Guts and the creator/curator of the Trump-Russia Timeline. He’s an attorney, adjunct professor at Northwestern University Law School, and author of several books, including Crossing Hoffa — A Teamster’s Story and The Lawyer Bubble — A Profession in Crisis. He blogs at The Belly of the Beast. Follow him on Twitter (@StevenJHarper1).