Trump Impeachment Lawyer Admits Abuse Of Power Is Impeachable, Argues He's 'Entitled To Withhold'

President Donald Trump's impeachment defense team concluded their arguments against his removal from office Tuesday, capping three days of defense that also saw them stand by their claim abuse of power -- one of two articles of impeachment -- isn't an impeachable offense.

The claim was again defended by one of Trump's lawyers, Ken Starr, who as Independent Counsel for the Whitewater Controversy, led the team that impeached former president Bill Clinton on Dec. 19, 1998. Clinton was impeached on two counts, one of them being obstruction of justice, which Starr said at the time included abuse of power. Specifically, Starr impeached Clinton for perjury to a grand jury (first article, 228–206) and obstruction of justice (third article, 221–212).

Democrat impeachment managers and Trump's defense team have spent the past few days on the TV talk show circuit, explaining their points of view. One of Trump's lawyers, Robert Ray, went on MSNBC Wednesday to be interviewed by chief legal correspondent Ari Melber. Ray succeeded Starr as head of the Office of the Independent Counsel. He investigated and issued the final reports on the Whitewater controversy that led to Clinton's impeachment.

Melber asked Ray about Trump lawyers’ presenting the “false” argument abuse of power isn't impeachable, quoting from past Articles of Impeachment.

Surprisingly, Ray partly concedes abuse of power is impeachable, repudiating his co-counsel, Alan Dershowitz. He also said the case is stronger when combined with alleged crimes.

On this issue, Ray said "... abuse of power, I'm not sure you'd necessarily ever want to exclude that as being potentially impeachable. When it has been done it hasn't fared well. It hasn't enjoyed bipartisan support."

Talking about Ukraine, Ray said Trump is entirely permitted to withhold assistance from Ukraine temporarily to see what the Ukrainians would do with the aid.

"I think at best that's the import ... So long as aid is not conditioned with the Ukrainians in this matter, there's nothing illegal about that," said Ray.

Ray, however, glossed over the fact the Government Accountability Office (GAO) on January 16 said Trump violated federal law by withholding military aid to Ukraine.

“Faithful execution of the law does not permit the president to substitute his own policy priorities for those that Congress has enacted into law,” said a GAO report released that day. “OMB withheld funds for a policy reason, which is not permitted under the Impoundment Control Act (ICA). The withholding was not a programmatic delay. Therefore, we conclude that OMB violated the ICA. OMB’s assertions have no basis in law,”

On Monday, Starr told Senators a different story, claiming only a statutory crime or violation of law qualifies as an impeachable offense, forgetting he had Clinton impeached on the same offense. Star also omitted to say this notion was later repudiated by the founding fathers’ early documents.

Starr then made the argument impeachments can only proceed with bipartisan support. The latter remark drew an immediate rebuke from Starr’s former law professor, Walter Dellinger of Duke University law school.