In Trump impeachment, "no one is above the law" could backfire on Democrats

The reason is, by stressing that Trump is not “above the law,” Democrats are basing their case against the president on the argument that he broke the law and must be held accountable. But it’s not at all clear that Trump broke any laws in the Ukraine matter. In the face of a vigorous Republican defense, any argument on that question is likely to end inconclusively…

The problem is that the campaign finance question is highly debatable. The Democratic case is this: Trump asked Ukrainian President Volodymyr Zelensky to investigate allegations that Joe Biden and son Hunter Biden were involved in corruption in Ukraine. Any information Zelensky provided to Trump would be a “thing of value” and thus an illegal foreign campaign contribution.

“I think it’s absurd,” Bradley Smith, a former Federal Election Commission chairman and a frequent critic of campaign finance laws, said in an email exchange. “If ‘anything of value’ were interpreted so broadly, it would mean that foreign governments are consistently violating the ban in foreign spending, whenever they take official actions that may benefit one candidate or another. Similarly, Americans would have to report such activity to the FEC. That is clearly not the law.”