Two Questions the Senate Must Answer

As Senators present their questions to the House impeachment managers, they should inquire about two critical issues that could determine the remainder of the process. They should even take a formal vote on these two questions before deciding on witnesses:

1. Should a President’s temporary withholding of foreign aid forever become an impeachable offense, rather than being evaluated through some other legal process?

If any American President from either party delays aid to a foreign nation, should that President be subject to an impeachment inquiry as to her motives and possibly removed from office?

If the Senate votes “no” on this question, it would necessitate an acquittal vote and remit future aid-withholding concerns to an alternative body.

If the Senate votes “yes,” it would create a powerful legal precedent to which all future Presidents must be held. Courts and regulatory agencies will no longer determine if aid delays are valid, but rather the impeachment process itself. And, if a President can be accused of having political motives or benefits for withholding aid (which is not difficult to assert about any politician), she could be removed from office.

2. Should Trump be exonerated for abusing his power if it can be shown that he had reason to call for an investigation into Hunter Biden’s involvement in Burisma?

If Hunter Biden’s lucrative role on the board of a deeply corrupt Ukrainian natural gas company (while his father, the Vice President, was the point person on Ukrainian foreign policy), can be shown to be inappropriate or corrupt, should the charges for Trump’s abuse of power be dismissed?

If the Senate votes “yes,” then it would become necessary to investigate the corruption that Trump pointed out, which would require testimony from Hunter Biden, Joe Biden, and various others involved.

If the Senate votes “no,” the Democrat’s case evaporates, since it was built upon the assertion that Trump had no reason to seek an investigation aside from destroying Joe Biden. Furthermore, future Presidents will likely avoid any attempt to address corruption related to foreign aid, since they can now be impeached for doing so no matter how valid their concerns turn out to be.

If the Senate can answer these two unresolved questions, the rest of the process will clearly take shape. Senators should go on record as to their perspectives through a formal vote, and the outcome of each vote should be recognized as setting a powerful precedent that could profoundly impact our government’s balance of power for generations.