“There’s absolutely no way to say that [Trump], as the Chief Executive, could have been wrong here,” said Boris Epshteyn, the Chief Political Analyst at Sinclair Broadcasting Group and former Senior Advisor on the 2016 Trump campaign, joined Episode 14 of War Room: Impeachment to discuss the President’s call with Ukrainian President Zelensky.
Epshteyn referenced a 1952 Supreme Court opinion in arguing that Trump was acting in concurrence with the wishes of Congress:
“The President of the United States is the Chief Executive, he’s the Chief Law Enforcement Officer. Under the Youngstown Steel Case, in which there was a concurring opinion – not to get too deep here – by [Supreme Court] Justice Jackson. Jackson laid out three levels of Presidential power: where it’s at its highest; where it’s in the middle, in the twilight; and the lowest. The highest is when the President acts in concurrence with the wishes of Congress. Well guess what? Here President Trump is acting to root out corruption which touches America. Congress has passed time and time again anti-corruption legislation. So there’s absolutely no way to say that he, as the Chief Executive, could have been wrong here.”
“Even if you assume all the worst – which I do not, I think there was no quid pro quo, I agree with Reince [Priebus] that there was no intent. But even if you give them that, even all the worst assumptions, it still comes back: as the Chief Executive [Trump is] fully [with]in his power.”
“Here is what President Trump did – we’ve all seen the transcript. He’s on the phone and he says, ‘hey, you guys got to figure out what’s going on over there with that corruption.’ Ukraine has been receiving American funds for years. Congress has over and over passed legislation that’s against corruption. So which of the three levels [of Presidential power] does that fall into? The first. The President is acting in concurrence with the stated perspective wishes of Congress.”