Leff was speaking of what is loosely called “the law of attempts,” a category of crimes where someone is accused of contemplating, but not actually carrying out, an unlawful act. The Trump trial could be the first time the Senate considers charges that amount to allegedly conceiving, but then abandoning, an abuse of power. While it is certainly true that there was a temporary act of “nonfeasance” in withholding the aid to Ukraine, it was ultimately released over two weeks before the deadline under federal law.
