Like it or not, Donald Trump is the president of the United States. That doesn’t put him above the law but it does give him the right to do some pretty appalling things. Among them is the right to ask for an inquiry into how his 2016 campaign came to be the subject of a counterintelligence investigation. If conducted correctly, there isn’t anything illegal about doing this. It’s not unreasonable to look at Ukraine either, as they had the same incentive to see Trump defeated as Russia had to see him elected.

In this limited respect, I understand what Lindsey Graham is arguing when he defends Attorney General William Barr’s requests that foreign powers assist him in investigating how the counterintelligence investigation began.

The direct involvement of the nation’s top law enforcement official shows the priority Barr places on the investigation being conducted by John Durham, the U.S. attorney in Connecticut, who has been assigned the sensitive task of reviewing U.S. intelligence work surrounding the 2016 election and its aftermath.

The problem here is less that William Barr is asking for help with John Durham’s investigation than that the whole exercise is a sham intended to rewrite history and rehabilitate both Trump’s election and Russia’s reputation in America. Because the facts are not on their side, there is more going on than simple requests for cooperation. We have people like Rudy Giuliani and Joe DiGenova running around trying to feed false information to Durham so that he can file the kind of report he was hired to produce.

Insofar as Barr is a witting participant in this process, he’s committing unethical acts and even possible crimes, like suborning perjury or interfering in a federal investigation. It’s not the investigation itself that is criminal, but the investigation has never had an honest and legitimate purpose. It has become part of a criminal enterprise. For this reason, Durham should shut up his shop and resign.

Still, the Democrats need to tread carefully around this issue because the Republicans will never agree that simply investigating the origins of the counterintelligence investigation could constitute a crime or an impeachable offense. Pursuing this line too aggressively will be counterproductive. Instead, they need to stay focused on how misinformation was solicited and disseminated rather than get tangled up in right-wing fantasies.