It's like if a man was charged for soliciting a prostitute, but then you find out the prostitute approached him and also didn't charge him anything.
Like, you can say all you want that it's still a poor decision and arguably distasteful, but you're not gonna get the charge to stick.
The problem is that your chain of events-- Yermak promising an investigation into Burisma
apropos of nothing, as if the Ukrainian government would care at all about this bullshit investigation-- simply isn't credible. Why would they care? What was said during the numerous telephone conversations, in-between text messages, to rocket the Burisma nonsense to the top of the agenda?
* 25 July, Kurt Volker: "Assuming President Z convinces Trump he will investigate/ 'get to the bottom of what happened' in 2016, we will nail down date for visit to Washington".
((So it's your assumption this investigation has nothing to do with Biden or Burisma. Fine, that's perfectly possible at this point; it's very vague and there's no mention))
* 9 August, Gordon Sondland: "POTUS really wants the deliverable. [...] To avoid misunderstandings, might be helpful to ask Andrey for a draft statement so we can see exactly what they propose to cover".
((So the visit is reliant on the Ukrainians giving something in return, and there's a lot of interest in the precise wording of a statement Zelensky will make.... certainly sounding a lot more transactional))
ALSO ON 8th & 9th AUGUST: Rudy Giuliani calls Andrey Yermak; Kurt Volker and Gordon Sondland then call Rudy Giuliani, to (in Volker's words) "make sure I advise Zelensky correctly on what he should be saying". So there's a flurry of phone discussion about what "the deliverable" will involve, and they're talking about
telling the Ukrainians what they should be saying, not just proof-reading a brief
.
* 10 August, Andrey Yermak: "
I think it's possible to make this declaration and mention all these things which we discussed yesterday. [....] Once we have a date we will call for a press briefing, announcing upcoming visit and outlining vision for the reboot of US-Ukraine relationship,
including among other things Burisma".
--------------
((So the US team talk about having a call to "advise Zelensky on what he should be saying". Then they have a 3-way call. Then the next day Yermak refers to how they can make a statement on "what we discussed", "including Burisma". Nobody else expresses any surprise that Burisma has come up. The reply is "that's great!"))
-------------
It's
really fucking obvious what happened here. The
only other halfway credible scenario is that Giuliani was organising this on his own, running Volker and Sondland without the President's knowledge or express go-ahead. But even that looks less likely with statements such as "the POTUS really wants the deliverable".