Red Herrings

Lately, I can’t help but think about the term, “red herring.”.  I have often used it,  but I never knew its derivation. The best story I could find said that British fugitives in the 1800’s would rub a cured and salted (thus,“red”) herring across their trail to divert the bloodhouds. I can think of no better way to describe the Republican talking points in opposition to the Trump impeachment. 

Red Herring #1:“There was no quid pro quo”

You can agree or disagree that Trump’s phone conversation with the President of Ukraine implied that he would withhold aid unless Ukraine found dirt on Biden, but IT DOESN’T MATTER! If the bloodhounds go off on that trail they will be diverted from the real issue.  Whether or not there was a quid pro quo, Trump definitely, unalterably and demonstrably asked a foreign government for assistance in his domestic election.  That’s a crime – don’t need the quid or the quo.

Red Herring #2:“The President of Ukraine himself even says that he didn’t feel any pressure.”

This is kind of a sub-set of Red Herring #1.  Whether Ukraine felt pressure or not, IT DOESN’T MATTER! The key is that Trump asked for the help.  President Zelensky could have hung up, laughed and said he thought Trump was an MYAaK (Ukrainian for asshole) and it would not change a thing. The crime was the ask, not the answer.

Red Herring #3: “The Whistleblower Report can’t be believed because it is all hearsay.”

This is a good one. The Trump supporters say “hearsay” as if it means “lies.”  Of course, it doesn’t. And, even if it is hearsay, IT DOESN’T MATTER! Not to get too legalistic about it, but not even all hearsay is inadmissible in court. There are many exceptions to the hearsay rule that allow it to be considered credible.  But, the important point is that we are not in court.  We are in an administrative proceeding in front of Congress.  Hearsay is not excluded from administrative proceedings.  The typical rule there allows introduction of the kind of evidence “upon which responsible people are accustomed to rely in the conduct of serious affairs.”  Certain hearsay easily falls into that category. And even beyond that, the Whistleblower Report’s description of the phone call has been verified by the transcript and, as the hearings go on, testimony can be taken to try to further verify it. 

Red Herring #4:“Biden did terrible things with his son in Ukraine.”

First of all, he didn’t. The allegations now being repeated by Trump and his acolytes have been repeatedly investigated, even by the Ukrainian Prosecutor, and no one says that there is any evidence of impropriety. But, let’s even set that aside.  Let’s assume Biden did do something wrong, IT DOESN’T MATTER! Biden was not on the phone call with President Zelensky, Trump was. Biden did not ask a foreign country for help in the 2020 election, Trump did. If Biden had kidnapped small Ukrainian children, it would change nothing about what Trump did on that phone call.

Red Herring #5: “The Mueller Report found no collusion so now the Democrats have to try something else.

Mueller Report  found two things: first that there was no illegal conspiracy between Russia and the Trump campaign and, second, that actions were done that obstructed the Russia investigation. Again, not to be too legalistic, but “conspiracy” is not the same as “collusion.” The Report found numerous instances of where the Trump campaign either used or failed to stop Russian interference.  More important, the Report lays out a series of obstructive actions taken by the White House. The only reason no criminal charges were brought is because, according to Justice Department rules, a President can’t be indicted.  However, as you may have guessed by now if you read this far, IT DOESN’T MATTER! The impeachment inquiry stands or falls on its own merits.  Whether the call with Ukraine is impeachable is utterly un-related to anything involving the Mueller probe. 

There are other smelly fish being thrown in the way of this impeachment effort, but don’t let them force you off the path.  No matter how many detours Trump’s defenders are trying to build, the road to impeachment is a very straight