On the recordJanuary 30, 2020
Mr. Chief Justice, I, along with Senator Lee, send to the desk a question for the President's counsel. The CHIEF JUSTICE. Thank you. The question from Senators Braun and Lee is for the counsel for the President: Under Professor Dershowitz's theory, is what Joe Biden is alleged to have done potentially impeachable, in contrast to what has been alleged against President Trump? Mr. Counsel PHILBIN. Mr. Chief Justice, Senators, thank you for the question. I believe that, under Professor Dershowitz' theory, remember, he tried to categorize things into three buckets. One was of purely good motives. One was, well, you might have some motive for your personal political gain, as well as public interest motives for doing something or intent. Then there was the third bucket of purely private pecuniary gain. He said that is the one, if you are doing it for purely private pecuniary gain, that has the problem. I think that would be the distinguishing factor in what is potentially a presence in the facts known about the Biden and Burisma incident because the conflict of interest that would be apparent on the face of the facts that are known is that there would be a personal, family financial interest in that situation. Vice President Biden is in charge of Ukraine policy. His son is sitting on the board of a company that is known for corruption. The public reports are that, apparently, the prosecutor general was investigating that company and its owner, the oligarch, at the time.…
Source
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