Americans are facing an onslaught of information, misinformation and even disinformation about whether the president of the United States can request foreign assistance in an election. Only Sen. Mitt Romney and two of his Republican colleagues have been willing to speak out and clearly acknowledge that “the president’s brazen and unprecedented appeal to China and to Ukraine to investigate Joe Biden is wrong and appalling.” These entreaties come with serious legal and ethical ramifications.
The writers of our Constitution feared foreign interference in our democracy and set up protections to prevent it and the subsequent erosion of democratic institutions. These protections included: 1. The requirement that the president be a natural born citizen; and 2. The Emoluments Clause, prohibiting government officers from accepting any profit, gain, or advantage from foreign governments.
Codification, in 1980, spelled out that it was “unlawful for a foreign national, directly or indirectly, to make a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election.” Joyce Vance, former U.S. Attorney, describes investigations or political dirt that benefit a particular campaign counts as “things of value,” too. Moreover, FEC Chairwoman Ellen Weintraub, a George W. Bush appointee, stated: “Let me make something 100% clear to the American public or anyone running for public office. It is illegal to solicit, accept, or receive anything of value from a foreign national in connection with a U.S. election.”
Regardless of the legal ramifications of these requests, calling upon foreign governments to provide assistance in an American election has dangerous repercussions that harm the foundations of our democracy.
Asking a foreign government to investigate a political opponent circumvents standard procedures established to root out corruption, weakening the efficacy of our own intelligence organizations. When a sitting president requests election interference, he erodes the norms and laws of election integrity and security, cultivating chaos, mistrust, and apathy of the electorate. An apathetic citizenry, in turn, abdicates the voting process — the very bedrock of our democracy — believing their vote doesn’t count over a “rigged” system and the power of foreign influence.
Pressuring foreign governments for election assistance also enables quid pro quo (something for something). The current requests came with an expectation of reciprocity: a desired White House meeting if the newly elected Ukrainian president, Volodymyr Zelensky, complied. Additionally, Senate-appropriated military funding, necessary to fight off encroaching Russian forces, was withheld, endangering the Ukrainian army and citizens. China was also asked to initiate investigations into two political rivals in return for Trump’s silence on Hong Kong protests.
A sitting president requesting foreign election assistance abuses their power of office and draws subordinates into the efforts, putting them at risk. Trump prematurely ended Marie Yovanovitch’s post as U.S. Ambassador to Ukraine because she opposed the unethical investigation request. State Department employees were tasked with ingratiating the president’s personal lawyer with Ukrainian government officials. Each person involved faced loss of employment and/or reputation. Some now risk legal prosecution.
Allowing foreign governments into our election process puts our democracy and our citizenry in danger. A foreign interest is always just that — foreign and not American. Our leaders must zealously guard our interests and democratic institutions. Our elected representatives are sworn to protect these institutions through rules of law and political norms. Very few are currently doing so. Thank you, Sen. Romney, for courageously defending our democracy. The electorate will remember those willing to protect it and us.
Wendy Dennehy and Lisa Rampton Halverson are senior directors for Mormon Women for Ethical Government.