Throughout his life in business and politics, Donald J. Trump has created chaos. It’s his trademark management style. That it has served him well in his quest to become the richest and most powerful person on the planet will be hotly debated by historians for decades if not centuries to come. Unfortunately, chaos is the […]Chaos, thy name is Trump — THE SHINBONE STAR
The minute Traitor Donald J Trump withheld the Congressional approved funds and military weapons to the Ukraine, in order to use as a carrot to dangle in front of the President of the Ukraine, Volodymyr Zelensky, to do his bidding and dig up dirt on the Bidens, Burimsa and find out about the bogus claims of Crowd Strike and the DNC server and it being the Ukraine that interfered in his election to the Presidency, not the proven fact it was Russia and Putin and their troll bots who did so? He committed High Treason Against the United States. And ANY Republican who defends and supports the actions of Donald J Trump? Have also committed High Treason Against the United States.
I shall reveal his and the Republicans High Treason Against the United States by posting three news stories and nine video links that back up my assertions and my own comments after posting those stories and videos.
Story One: Impeachment Day 3: Republicans Continue Their Attack on Reason and Reality
Lt. Colonel Alexander Vindman’s testimony was devastating. So GOP lawmakers resorted to spin and conspiracy theories.
By David Corn, Washington DC Bureau Chief, Mother Jones
On Tuesday, the third day of the House impeachment hearings, the Republicans on the House Intelligence Committee were confronted by witnesses, particularly Lt. Colonel Alexander Vindman, a National Security Council official, who presented unambiguous evidence that President Donald Trump used his office to pressure Ukrainian officials to launch investigations to produce dirt on Joe Biden and prove a debunked conspiracy theory that absolved the Russians of hacking the 2016 US election. Vindman and Jennifer Williams, a State Department official assigned to Vice President Mike Pence’s office, each told the committee that Trump, during his July 25 phone call with Ukrainian President Volodymyr Zelensky, pressed the Ukrainian to initiate these two inquiries and that Burisma—the Ukrainian energy company that Hunter Biden, the former vice president’s son, worked for—was referenced by name. (The reconstructed transcript of the call released by the White House, for some not-yet-explained reason, did not mention “Burisma.”) Vindman also testified about a July 10 White House meeting with Ukrainian officials in which Ambassador Gordon Sondland, who was working with the private channel overseen by Rudy Giuliani, piped up and said that before Zelensky could get a much-desired meeting with Trump, the Ukrainians had to “deliver specific investigations.” Other witnesses have told the committee that the release of nearly $400 million in security assistance that Trump put a hold on was also tied to Ukraine pursuing investigations of the Bidens and the conspiracy theory that holds that Ukraine, not Russia, intervened in the US election.
So it’s as clear as the sky is blue: Trump was muscling the Ukrainians to help him influence the 2020 election and to clear Moscow. The quasi-transcript of the July 25 call even shows Trump saying that if Zelensky wants more Javelin anti-tank weapons, he will have to do Trump the “favor” of kicking off these investigations. (And as Vindman said, considering the power disparity between the two men, this was not a polite request that could be turned down—it was a “demand.”) Yet when Rep. Jim Jordan (R-Ohio), the pro-Trump bulldog recently placed on the intelligence committee by the GOP leadership, had his chance to ask questions of Vindman and Williams, he seized his moment in the sun to declare the sky is green. Or purple. Or whatever. There is no evidence of “linkage,” he thundered. “The transcript shows no linkage…to an investigation.”
But that’s exactly what the transcript shows. You want Javelins? Then we have this favor for you to do—investigations. This is brazen linkage. And there’s now a mountain of testimony linking a White House meeting and the release of the security assistance to Ukraine opening the political investigations Trump craved. But…still…nevertheless, the Republicans on the committee won’t accept this basic reality.
Instead, Rep. Devin Nunes (R-Calif.), the top Republican on the committee, Jordan, and their party-mates have forged an alternative reality in which this controversy is no more than a “hoax” concocted by Democrats and the media and that the focus should be not on Trump’s action but on the whistleblower who initiated the Trump-Ukraine scandal and on the involvement of Hunter Biden in Burisma and the fact-free allegation that his dad took action to thwart an investigation of the firm.
In his opening statement, Nunes depicted a wide-ranging conspiracy of Democrats and mainstream media outlets that first cooked up “the Russia hoax” and then, when that scandal did not lead to Trump’s ouster, devised a whole new bogus Ukraine scandal. In this world, Russia’s attack on the 2016 election (which was mounted partly to help Trump win) does not exist. Rather, Ukraine was somehow the true meddler. (Republicans have repeatedly cited the public anti-Trump statements of a few Ukrainian officials who in 2016 were worried about Trump—and justifiably so, after Trump had said that perhaps Russia should be allowed to keep Crimea, the chunk of Ukraine that Vladimir Putin seized in 2014.) The Republicans were hardly slowed by Vindman’s reality-based statement that the Ukraine-meddled accusation “is a Russian narrative that President Putin has promoted.”
Nunes even exclaimed that the Democratic media conspiracy against Trump included “a concerted campaign” of journalistic organizations “smearing” John Solomon, the writer for The Hill who published a series of stories that disseminated unfounded allegations about the Bidens and former ambassador to Ukraine Marie Yovanovitch. In a bizarre twist, Nunes pointed to the fact that The Hill is now reviewing Solomon’s articles as proof of this sub-conspiracy and an indication this despicable cabal would go to any lengths to prosecute its evil plan.
Nunes declared that what most needed exposing was the whistleblower’s contacts with the media and the Democrats on the committee. He did not explain the relevance of this. But Nunes was suggesting that the whole Ukraine business was manufactured by the Ds and the press—and the whistleblower is the key to uncovering this diabolical plot. The whistleblower’s lawyers have denied on the record that their client has been talking to the media or coordinating with Rep. Adam Schiff (D-Calif.), chair of the intelligence committee, or other Democrats.
Nunes also promoted the never-will-die innuendo that Joe Biden pushed for the dismissal of a corrupt Ukrainian prosecutor to protect his son and Burisma. And there were other insinuations hurled by the Republicans. At one point, they dwelled on an anecdote—a Ukrainian official once asked Vindman if he wanted to serve as defense minister for Ukraine, and Vindman dismissed the offer as a joke—to hint that Vindman, who was born in Ukraine when it was part of the Soviet Union, possessed dual loyalties.
The Rs have concocted a dark world in which Trump is an innocent victim. In their view, he was the target of foreign intervention in 2016, not the beneficiary; there was nothing to the Russia investigation. (Don’t mention the convictions of his campaign manager, his national security adviser, his longtime political adviser, and others.) And the Ukraine scandal—based on a suspect whistleblower (disregard all the testimony from known officials)—is merely another front in the unrelenting war the Democrats have been waging against Trump because, as Jordan yelled on Tuesday, “the Democrats have never accepted the will of the American people.”
Toward the end of Vindman’s and Williams’ time before the panel, Rep. Sean Patrick Maloney (D-N.Y.) asked Vindman to read aloud the last paragraph of the prepared testimony he delivered at the start of the hearing: “Dad, [that] I’m sitting here today in the US Capitol talking to our elected officials is proof that you made the right decision forty years ago to leave the Soviet Union and come here to the United States of America in search of a better life for our family. Do not worry, I will be fine for telling the truth.” Maloney asked why he reported Trump’s phone call to lawyers at the National Security Council. “Because that was my duty,” Vindman replied.
With his testimony, Maloney told Vindman, “You were putting yourself up against the president of the United States.” (Trump and his henchmen have viciously attacked Vindman.) Maloney asked the colonel, “Why did you have confidence you can do that?” Vindman, a recipient of the Purple Heart, answered, “Because, Congressman, this is America. This is the country I have served and defended…And here right matters.” The audience responded with loud applause. The Republicans on the panel looked glum. Moments later, when Nunes had the chance to make a concluding statement, he snorted, “Act One of today’s circus is over.”
Story Two: Impeachment hearings reveal the extent of the damage Trump’s inflicted on our national security
The GOP is trying to use the broken national security system to discredit and undermine the officials who are testifying, rather than fix it.
By Brett Bruen, former director of global engagement in the Obama White House. Brett Bruen was the director of global engagement in the Obama White House and a career American diplomat. He currently runs crisis communications agency the Global Situation Room and teaches crisis management at Georgetown.
We are in real danger. There are certainly many conclusions to be drawn from the recent days of detailed testimony by officials on the National Security Council and at the State Department in the impeachment inquiry into President Donald Trump. But beyond the political points scored and the possibility of removing a president, there’s an even more unsettling feeling that I can’t shake. These hearings have laid bare just how crippled the staff, systems and structures designed to protect our country really are.
This troubling state of insecurity ought to jolt even the most jaded member of Congress into sitting up straight and starting to think about how to straighten it out really fast. But instead of trying to address the damage to our defenses, Republicans on the House Intelligence Committee, which is conducting the inquiry, opt to exacerbate matters. They are trying to use this broken system to discredit and undermine the witnesses who are testifying to Trump’s bad behavior.
Repeatedly, these members of Congress have asked the public servants testifying— who have information about Trump allegedly pressuring Ukraine into investigating a major political rival, Vice President Joe Biden, and his son in exchange for aid and a White House visit — whether they themselves had ever met the president. The implication they hope will be drawn from their answers that they never once met him is that these individuals lack the stature and direct knowledge to be credible.
Trump himself cast the same aspersion Tuesday, specifically about the top National Security Council expert on Ukraine, Lt. Col. Alexander Vindman, who that day provided devastating testimony about the president’s impropriety in a now-infamous July 25 call with Ukrainian President Volodymyr Zelenskiy. Vindman and other staff had listened in on that call from a separate room.
“I don’t know him,” Trump said at Tuesday’s Cabinet meeting in response to a question about whether Vindman was credible. “I never saw the man.” It’s worth bearing in mind he said the same thing about Brett McGurk, the former presidential envoy to counter the Islamic State militant group when he left. It just seems to be standard practice for the commander in chief not to meet his most senior advisers.
At the hearing, Ohio Rep. Michael Turner asked Vindman directly: “You’ve never met the president of the United States, right?” And then followed up with, “So you’ve never advised the president of the United States on Ukraine?”
While Vindman said he advised him “indirectly,” through preparing calls and materials for him without having met him, Walked rejoined: “But you’ve never spoken to the president of the United States and told him advice on Ukraine?” Vindman conceded, “That is correct.”
The problem with putting down Vindman and other witnesses because they never met Trump is that it shows the president’s gross negligence in handling national security rather than the inadequacy of those testifying on impeachment. The lack of contact and communications between the National Security Council and the Oval Office, especially on critical issues such as Ukraine and ISIS, should set off alarm bells; we are precariously close to a catastrophic crash.
When I was on the National Security Council under President Barack Obama, the staff interacted fairly regularly with the big boss. Depending on the portfolio, someone at Vinman’s level could see him every week.
It was our job, as advisers on the White House body devoted to gathering information and forming policy on international and security issues, to brief President Barack Obama before key calls and meetings. So even though I wasn’t particularly senior, I occasionally spent up to two and a half hours meeting with him, where there would be opportunities to both present and answer his questions. Obama was notorious for calling on those sitting on the back benches to get different views on key issues.
This president is flying blind. I was struck in listening to the testimony over the past week how few of his advisers are consulted on major policy decisions. Sure, we have long known about his tendency to freelance. Yet, there’s a difference between dismissing or discounting advice and never getting it in the first place. I was shocked that Trump had never spoken to either of our top diplomats in Ukraine prior to halting aid and endangering the country.
There are two primary effects of this disconnect. First, as we have clearly seen in the testimony, our people have no clue what they are supposed to do. They play an elaborate and elusive game of telephone, trying to figure out how the heck they should steer the ship through rough waters. Messages get relayed through multiple layers in the Trump administration, often passed by external, self-interested actors.
The second effect is that those who know national security best are unable to warn the president about potential risks or unintended consequences. Trump’s sudden decision to pull our troops out of northern Syria is a prime example of such impulsive and ill-informed decisions. Without the benefit of GPS, we regularly find ourselves driving far off course, as has been the case with North Korea. There is then the challenge of the president taking counsel directly from unscrupulous actors who often drive him into minefields, such as Rudy Giulliani and Lev Parnas, as they did on Ukraine.
And Trump has gone even further. The president and the White House have tweeted against Vindman and Vice President Mike Pence’s aide on Ukraine, Jennifer Williams. During Vindman’s testimony, Trump tweeted that his boss “had concerns about Vindman’s judgment.” And he slammed Williams as a Never Trumper “who I don’t know.” Attacks like these don’t just shatter the confidence of Williams and Vindaman but also shake the confidence of everyone working on the National Security Council.
Our country is endangered when those responsible for the most serious threats we face have to worry about personal threats from our leaders. And the number of those interested in taking on this difficult if important work will only decrease. Service on this National Security Council was already fairly unpopular these days. I know from speaking with friends that many are already shunning the previously prestigious positions at the White House. The developments of the last few weeks will make it untenable for many of those who are best qualified for those positions.
We will end up in a situation where the most important jobs for protecting our country are going to be occupied by second- and third-string players. Again, this creates massive vulnerabilities that should alarm lawmakers and those responsible for the defense of our country.
What happens when the next person sees something of concern? After having witnessed the fierce political attacks to which we now subject whistleblowers and those such as Williams and Vindman who reluctantly speak up publicly, many will be simply too afraid to come forward. Instead, they will allow problems to fester and dangerous decisions to go unchallenged. This again places our nation in a very serious situation. Fraud, waste and abuse will spread, eating away at the pillars of stability and security on which our way of life has depended for so long.
Some may argue that I’m overdramatizing the risks. But the testimony has brought to light some of the dark developments of the last several years. Our national security officials now have little contact with an isolated and erratic president. They don’t have clear guidance or even a basic plan for how to execute our foreign policy. Many of them are overly afraid for their jobs, their colleagues and even their safety. It is exceptionally hard to keep America safe when you’re in the dark, alone and afraid.
Story Three: Does Ukraine have the DNC server like Trump says? We fact checked that.
President Donald Trump, hitting back after a marathon week of public impeachment hearings, continued Friday to promote the debunked conspiracy that Ukraine interfered in the 2016 election, falsely claiming that “a Ukrainian company” is harboring a hacked server belonging to the Democratic National Committee.
During a nearly hourlong phone interview with “Fox & Friends,” Trump defended his administration’s freeze on military aid to Ukraine this year as well as his July 25 call with the Ukrainian president that prompted a whistleblower complaint, saying he was simply trying to root out corruption in the country.
“A lot of it had to do, they say, with Ukraine,” he began, before alleging that the country has the DNC server that was hacked in 2016.
“The FBI went in and they told them get out of here, we’re not giving it to you. They gave the server to CrowdStrike … which is a company owned by a very wealthy Ukrainian, and I still want to see that server,” Trump said of the DNC’s actions upon learning that it had been hacked in the run-up to the election. “You know, the FBI has never gotten that server. That’s a big part of this whole thing. Why did they give it to a Ukrainian company?”
Almost none of these claims are remotely true.
CrowdStrike is the California-based cybersecurity firm hired by the DNC to investigate a breach that turned out to be a Russian hack aimed at sowing discord and disrupting the U.S. election. It’s not owned by a wealthy Ukrainian — it’s publicly traded on the Nasdaq. Its largest shareholder is Warburg Pincus, a private equity firm with ties to Trump himself. One of CrowdStrike’s founders, Dmitri Alperovitch, is a Russian-born American citizen, which may be what Trump is getting at. But Alperovitch frequently consults with the U.S. government on cybersecurity, Esquire reported.
It is true that the FBI was not given the DNC’s physical computer equipment, but there’s no evidence that the Democratic Party held anything back from U.S. law enforcement investigating the breach. During investigations, it’s common for physical servers to be digitally copied and preserved as evidence, as Robert Johnston, a cybersecurity expert who led the investigation into the DNC hack in 2016, explained to NBC News earlier this year.
There’s also not just one server, as Trump seems to think. The DNC has said they decommissioned 140 servers and rebuilt 11, to be specific, related to 2016. One of them is on display at the DNC’s office in Washington, next to a filing cabinet broken into by Watergate burglars, according to this 2016 photo in The New York Times.
With those claims, Trump made clear Friday that he is holding fast to the broader, debunked conspiracy that Ukraine was responsible for interfering in the 2016 election. Republicans on the House Intelligence Committee, which is leading the impeachment inquiry, framed much of their questioning around this idea, so much so that Trump’s former Russia expert, Fiona Hill, targeted it in her testimony Thursday for a thorough dismantling.
“Some of you on this committee appear to believe that Russia and its security services did not conduct a campaign against our country — and that perhaps, somehow, for some reason, Ukraine did. This is a fictional narrative that has been perpetrated and propagated by the Russian security services themselves,” Hill said. “In the course of this investigation, I would ask that you please not promote politically driven falsehoods that so clearly advance Russian interests.”
Hill, one of the foremost U.S. experts on Russian President Vladimir Putin, reiterated in public — as she had in her closed-door testimony — that she would refuse to be a part of “an alternative narrative” that Ukraine was the country that attacked the U.S. in 2016, because it boosts Russian and not American interests.
“These fictions are harmful even if they are deployed for purely domestic political purposes,” she said.
The broader conspiracy of Ukraine election interference Trump hints at in his interview purports that the Democratic Party orchestrated, with that nation’s help, the hacking of their own systems and framed Russia in order to discredit a Trump presidency.
The president has for years been alluding to this baseless theory — the origins of which NBC News’ Ben Collins traced back to far-right message boards as early as March 2017 — though he does not spell it out, perhaps because it’s quite a stretch to suggest that Democrats ran a massive, international conspiracy to lose the election.
Behind closed doors, Trump has claimed Ukraine tried to stop him from winning.
Ukraine “tried to take me down,” Trump said in a meeting with his advisers, according to the impeachment inquiry testimony of U.S. ambassador to the European Union, Gordon Sondland, and Kurt Volker, then-U.S. special envoy to Ukraine.
Despite being repeatedly dismissed by Trump’s own intelligence community and advisers, the theory appears to have been a motivating factor behind the efforts of his personal attorney, Rudy Giuliani, to run a highly unusual shadow policy team with the goal of pressuring the Ukrainian government to announce investigations into the 2016 election and Burisma Holdings — the Ukrainian gas company that Hunter Biden joined as a board member in 2014.
Fox News’ Steve Doocy on Friday pressed the president on whether he was “sure” about the claims.
“Are you sure they did that? Are you sure they gave it to Ukraine?” he asked of the DNC server.
“Well, that’s what the word is,” Trump said.
“That’s what I asked actually in my phone call, if you know. I mean I asked it very point blank, because we’re looking for corruption. There’s tremendous corruption. We’re looking for — why should we be giving hundreds of millions of dollars to countries when there’s this kind of corruption?”
The foreign aid to Ukraine that the Trump administration held up for 55 days is one aspect of the Democratic-led impeachment inquiry, as witnesses have alleged that there was an effort to condition the release of that aid on public assurances that Ukraine would launch the politically advantageous investigations Giuliani and Trump desired
Video One: Ukrainian forces at risk as Trump admin. withheld military aid
The lives of Ukrainian troops fighting a hot war against Russian forces were on the line as the Trump administration withheld aid now at the center of the Trump impeachment inquiry. Retired U.S. Navy Adm. James Stavridis reacts.
Video Two: Jordan interrupts Holmes while answering his question
Rep. Jim Jordan, R-Ohio, frequently interrupted David Holmes as he tried to answer his question about a call he overheard between President Trump and Amb. Gordon Sondland.
Video Three: It doesn’t matter if Trump committed a crime. He should still be impeached.
With impeachment depositions set to begin soon, Speaker Nancy Pelosi and House Democrats have narrowed the focus of the impeachment inquiry to Trump’s Ukraine call and the subsequent whistleblower complaint. Corey Brettschneider, professor of political science and policy at Brown University, joined THINK to explain why he thinks that’s a mistake.
Video Four: Trump calls impeachment proceedings an ‘overthrow attempt’ during interview
President Trump dismissed the impeachment proceedings as an “overthrow attempt” during a phone interview with Fox News. NBC News’ Hans Nichols details how this plays into the White House’s strategy.
Video Five: Day 1,037: Trump floats Russian conspiracy theory on Ukraine on FOX News
After Fiona Hill blasted lawmakers on the Hill for sharing a Russian-created conspiracy theory about Ukraine hacking the 2016 U.S. election, Trump went on FOX News and again repeated the bogus allegation.
Video Six: Russia expert Fiona Hill blasts ‘fictional narrative’ of Ukraine election interference
President Trump’s former top Russia advisor Fiona Hill testified on the fifth day of public impeachment hearings, blasting Republicans for unfounded theories of Ukrainian election interference and taking aim at the president’s personal attorney, Rudy Giuliani. Embassy aide David Holmes also testified, detailing a cell phone conversation he says he overheard between Ambassador Gordon Sondland and Trump.
Video Seven: Hill and Holmes: Everyone knew Burisma investigation was about the Bidens
After Gordon Sondland and Kurt Volker testified they did not realize talk of a Burisma investigation was about the Bidens, Fiona Hill and David Holmes tore that claim apart in their testimony.
Video Eight: House Republicans condemn Democrats on Trump impeachment inquiry vote
House Republican leadership condemns Democrats on vote to pass resolution on impeachment inquiry rules.
Video Nine: ‘I don’t know what the hell Jim Jordan is doing’: Congressman says
Rep. Adam Smith discusses the impeachment inquiry hearings this week and the Republican defense of President Trump. Smith says about Rep. Jim Jordan, “I don’t know what the hell he is doing. He is obviously sticking to this narrative that is untrue.”
House Republicans make it clear they feel Trump has done nothing wrong
House Minority Leader Kevin McCarthy, R-Calif., talking to reporters at the GOP House leadership press conference, was asked by a reporter if he would say Trump has done nothing wrong.
“A very clear yes,” he responded. The cadre of House GOP leaders standing behind him yelled in affirmation as McCarthy responded.
Responding to a subsequent question, McCarthy claimed Republicans in Congress will vote on impeachment — if and when articles are formally introduced — “based on the facts.”
“Show us the truth. We always vote based on the facts,” he said.
Rep. Jim Jordan: Americans ‘will not tolerate this’
Republican House leaders, speaking at their post-vote press conference, continued their criticism of House Democrats, accusing their rival party’s leaders of going against the wishes of the American people
“The American people see this for what it is,” Rep. Jim Jordan, R-Ohio, the ranking Republican on the House Oversight and Reform Committee, said. “They will not tolerate this.”
Rep. Michael McCaul, a member of the House Foreign Affairs Committee, claimed the Democrats’ procedural approach to the impeachment inquiry “defies historic precedent.”
Rep. Dingell ‘very disturbed by the undue influence’ being put on Republicans
Rep. Debbie Dingell, R-Mich., said Friday that she was “very disturbed” by the pressure she said is being put on Republican lawmakers to toe the line during the House impeachment inquiry.
Asked on Fox News whether Democrats should move forward with impeachment without GOP backing, Dingell responded, “First of all, I don’t know that there is no Republican support. I have talked to a number of people who are deeply disturbed, and they’re being very cautious in their words. Their arms are being broken, and I’m very disturbed by the undue influence I’m seeing put on Republicans too.”
Dingell said what she heard in testimony over the last two weeks “deeply disturbed” her and would accurately be described as bribery.
“It is very clear that the Ukrainian president was — the word ‘bribe’ does work with being told you are not going to get this aid that you need unless you agree to do this investigation, and you do it publicly,” she said. “And we do have evidence that money was held up.”
The congresswoman added that the Intelligence Committee was already drafting its report, after which the Judiciary Committee will make its recommendations, and she would wait to see those before coming to any conclusions about impeachment.
Dingell also weighed in on the debunked conspiracy theory Trump and his allies have been chasing that it was really Ukraine, not Russia, that interfered in the 2016 election — which former top Russia expert Fiona Hill called a “fictional narrative” that echoed Russian propaganda during her testimony on Thursday.
“One of the things we do know and one of the reasons why I have been fearful about impeachment, but I am getting madder and madder … is that we do know, there were Republican Cabinet members that testified that Russia interfered in our last elections. Russia is trying to divide us as a country. That’s documented in the Mueller report. Intelligence agency after intelligence agency around the world is saying that they’re trying to destabilize democracy.
“We need a president that’s going to protect the United States of America, not help destabilize democracies around the world,” she said.
DONALD J TRUMP, RUDY GUILIANI, WILLIAM BARR, RICK PERRY, MIKE POMPEO, MITCH MCCONNELL, LINDSEY GRAHAM, MICK MULVANEY, DEVIN NUNES, JIM JORDAN, AND THE REST OF THE REPUBLICANS WHO SUPPORT AND DEFEND DONALD J TRUMP? HAVE ALL COMMITTED HIGH TREASON AGAINST THE UNITED STATES.
18 U.S. Code § 2381. Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States. (June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, § 330016(2)(J), Sept. 13, 1994, 108 Stat. 2148.)
Treason is an act of disloyalty or betrayal of trust to a person’s own government. Examples include assassination of a state figure, fighting against his or her own nation in a war, assisting enemy combatants, or passing vital government information to the enemy. Historically, this crime has been severely punished, because an act of treason can destroy a nation. In the modern day, a conviction is accompanied at a minimum by a long jail sentence and a heavy fine, and may merit the death penalty under certain circumstances.
18 U.S. Code § 2384. Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both. (June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 1, 70 Stat. 623; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)
18 U.S. Code § 2382. Misprision of treason
Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both. (June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
While we may not be officially at war with Russia and Putin, we are in a proxy war with them through the Ukraine. The Ukraine is an ally of ours. We are supporting and helping them because of the Russian invasion and annexation of Crimea and their proxy war, using Russians, to overtake the Ukraine. We are in essence? In a proxy war, defending the Ukraine against Russia and Putin against their invasion of the Ukraine.
This would be similar to what Traitor Trump just did in helping his disgusting, dicktater buddy Erdogan in Turkey and Syria and his now allowing the Kurds to be slaughtered by the Russian backed and supported Turkish government.
By Traitor Trump withholding the funds and the military weapons that were to go to the Ukraine, under the rules and laws of Congress, that approved these funds and military weapons for the Ukraine to fight the Russian invasion and Putin? All so he could have the Ukrainians dig up dirt on Biden and all the bullshit con of the DNC server? He immediately gave aid and comfort to his Puppet Master, Putin and Russia and by his actions? Caused Ukrainians to be killed. This again? Is giving aid and comfort to our enemy Russia and Putin.
Russia’s Crimea plan detailed, secret and successful
By John Simpson World Affairs Editor, Crimea
The annexation of Crimea was the smoothest invasion of modern times. It was over before the outside world realised it had even started.
And until Tuesday 18 March, when a group of pro-Russian gunmen attacked a small Ukrainian army base in Simferopol, killing one officer and injuring another, it was entirely bloodless.
For much of February, thousands of extra soldiers were quietly sent in to the bases which Russia was permitted by treaty to own in Crimea. Civilian “volunteers” moved in too. The plan was carried out secretly and with complete success.
The first obvious sign that Crimea was being taken over was on Friday 28 February, when checkpoints were established at Armyansk and Chongar – the two main road crossings from mainland Ukraine to the Crimean peninsula.
These cut-off points were controlled by men wearing a variety of uniforms: Ukrainian army, Ukrainian police, as well as camouflage without national insignia. Several wore civilian clothes.
When I tried to get through the Armyansk checkpoint on Saturday 1 March, together with a BBC cameraman, these men were hostile and threatening.
They stole the bags containing our body armour from the boot of our taxi, and went through our suitcases aggressively, pulling out the things inside and dropping some of them on the road. They took our camera away and filched the expensive electronic recording cards from it, together with the camera battery.
They knew exactly what they were looking for. There were more bags containing body armour piled up at the side of the road, where other journalists had tried to get through before us.
The men at the checkpoint were stopping everyone except local people from passing through. I found it hard to work out what was going on.
It was only when one of them, wearing a police uniform, called out “Welcome to Russia!” that I understood – their uniforms might be Ukrainian, but they were sealing off Crimea on behalf of Moscow.
By the next day, Sunday 2 March, it was all over. The outside world was still expecting Russian ships to arrive and capture Crimea. But it had already happened by stealth.
On Sunday and Monday the Ukrainian military bases were taken over by tough-looking soldiers. They carried the latest Russian military weapons, but their uniforms had neither national or unit markings, nor badges of rank.
Alongside them were the “volunteers” – usually older men, many of whom had apparently come in from Russia itself. Some wore bits and pieces of uniform, others plain clothes. They lined up outside the Ukrainian bases and prevented anyone getting too close.
Presumably they were Russian reservists. They were tough and aggressive, but they obeyed the orders of their superiors. Many were obviously heavy drinkers, and at night a few were openly drunk.
Yet their discipline held. There was no looting, and although their behaviour was threatening they did not attack civilians.
In the days that followed, other groups appeared. These were genuine volunteers, who had come from Moscow to join what they saw as the liberation of Crimea. I spoke to three members of an ultra-nationalist group whose uniforms bore the colours of an extreme royalist organisation.
They were all from Moscow, and they all planned to move on from Crimea to the mainly Russian-speaking cities of Kharkiv and Donetsk. Why? To show solidarity, they said.
Later I came across a group of seven or eight bikers wearing leathers with badges of rank on them – president, vice-president and so on. They had also come down from Moscow, and were planning to head off to Kharkiv and Donetsk. “It’s a great day,” the “president” said.
But these were Johnny-come-latelys – amateurs who just wanted to join the fun. There was absolutely no sign the Russian government had sent them.
In modern times, Moscow has staged three major invasions: Hungary in November 1956 and Czechoslovakia in August 1968, when the Communist governments there began showing dangerously Western tendencies; and Afghanistan in December 1979, when the pro-Communist regime was on the point of collapse.
These were huge and brutal operations, involving large numbers of tanks, and sometimes great bloodshed.
The takeover of Crimea has been completely different. This was an infiltration, not an invasion. And unlike in Hungary, Czechoslovakia and Afghanistan it was welcomed by a large proportion of the local population.
According to a well-known opponent of Mr Putin’s, the vote in Crimea to join the Russian Federation was “a referendum under the Kalashnikov”. But it wasn’t. The outcome was what the vast majority of Russian-speakers in Crimea really wanted, and there was little need for Kalashnikovs in the streets.
Those who wanted to keep Crimea a part of Ukraine were far too shocked and intimidated to resist.
The entire operation was very cleverly planned and carried out. But there is absolutely no doubt what it was – a remarkable, quick and mostly bloodless coup d’etat.
How U.S. military aid became a lifeline for Ukraine
The U.S. provided about $1.5 billion in military aid to Kiev between 2014 and this past June, according to a Congressional Research Service analysis.
By Bryan Bender and Wesley Morgan
The military aid scandal that spawned the impeachment inquiry into President Donald Trump has a very different significance for Ukraine, where years of U.S. assistance have just begun to turn a ragtag army into a better-armed and professional force to counter Russian aggression.
The U.S. has provided about $1.5 billion in military support to Kiev between 2014 and this past June, according to an updated analysis by the nonpartisan Congressional Research Service. And Trump’s temporary cut off of the aid represented a significant setback for the country.
“Ukraine would never be where it is without that support from the United States,” said Ash Carter, who served as President Barack Obama’s defense secretary from 2015 to 2017. “Everything we were doing there to train their military forces, their National Guard, to improve the professionalism and reduce corruption in the defense ministry … all that was critical.”
Before the aid influx, “the Ukrainian military was in woeful shape,” said Mariya Omelicheva, a professor of national security strategy at the Pentagon’s National Defense University who specializes in the region.
“There has been a tangible, measurable impact,” added Omelicheva, who visited the Ukrainian training center in March. And beyond that, she said, the help created “an immeasurable, psychological impact — that the U.S. has our back.”
Now Trump’s aborted aid cutoff — first reported by POLITICO in late August — has mushroomed into a titanic political fight, centered on allegations that the president was using the military assistance as leverage to push Ukraine’s government to investigate former Vice President Joe Biden and his son Hunter. House oversight committees are demanding more data from the White House Office of Management and Budget on when and how the decision to sever the aid arose, including requesting that some documentation be delivered to Capitol Hill by Tuesday.
The military aid program has steadily shifted American support in recent years much more heavily toward security after economic development, loan guarantees and anti-corruption programs defined much of the support following Ukraine’s independence from the Soviet Union in 1991.
The U.S. bumped up its military support in 2014, soon after a popular uprising ousted President Viktor Yanukovych, an ally of Russian President Vladimir Putin, and Russian troops annexed the Crimean peninsula while fomenting a separatist uprising in eastern Ukraine’s Donbass region.
The vast majority of the funds, approved with bipartisan support in Congress, has financed items such as sniper rifles; rocket-propelled grenade launchers; counter-artillery radars; command and control and communications systems; night vision goggles; medical equipment; as well training and logistical support.
Ukrainian President Volodymyr Zelensky is especially interested in buying more Javelin anti-tank missiles to combat Russian tanks and other armored vehicles — a topic he broached during his July 25 telephone call with Trump that is at the center of the impeachment inquiry .
“Mr. Trump brought up American aid to that country — without explicitly mentioning that he had just frozen a military aid package of hundreds of millions of dollars — and then pressed the Ukrainian leader to investigate Mr. Biden,” says the unclassified copy of the whistleblower complaint that the Trump administration released last week. “White House officials believed they had witnessed Trump abuse his power for personal political gain.”
The call came a week after Trump ordered his acting chief of staff, Mick Mulvaney, to instruct OMB to halt the remainder of $390 million in military aid appropriated by Congress this year in the Pentagon and State Department budgets. The administration released the aid earlier this month after demands from Congress.
Even before the current furor, questions of how much or how little to help Ukraine’s military counter Russian aggression have embroiled Washington for years.
Nowhere was it more pointed than the Ukrainians’ request, as far back as 2014, to purchase the advanced Javelin anti-tank missiles.
The Javelin issue “became fetishized and it became a litmus test: ‘Will you stand up to Putin or will you kowtow to him?’” said Samuel Charap, a former senior adviser at the State Department specializing in Russia and Eurasia. “It was like a Rorschach test.
“It had nothing to do with the merits of the Javelin or the question of what would actually be most effective and important for helping Ukraine,” added Charap, who is now a senior political scientist at the government-funded Rand Corp.
The Obama administration agonized over the issue but never approved the sale out of fear of escalating the conflict — despite entreaties from Carter, who served in several top Pentagon positions at the time.
The aim was to “do everything we could within the boundaries of what was wise without baiting the Russians into doing something worse,” recalled Chuck Hagel, the former Republican senator who was Obama’s secretary of defense from 2013 to 2015.
The Javelins also helped spur a controversy over the Republican Party’s platform in 2016, after Trump’s campaign succeeded in watering down anti-Russia language and ensuring it would not call for “providing lethal defensive weapons” to Ukraine.
Yet once Trump was in office , the Ukrainian government and its allies in Congress kept pushing the request.
Finally, in 2018, long after the Russian tanks pulled back from the front, the State Department finally approved a foreign military sale of 210 Javelin missiles, along with launchers and training, for $47 million.
Charap said the missiles’ military value was limited — they “ended up on the other side of the country from where the conflict is and under lock and key.” But they held significant value in eastern Ukraine, where retired U.S. Army Maj. Gen. John Gronski credits the missiles with helping to stabilize the military crisis by “deterring the separatists from bringing armor into the region.”
The Ukrainians “really appreciate the Javelins,” said Gronski, who served as the deputy commanding general of U.S. Army Europe until June of this year.
Michael Kofman, a senior research scientist at CNA, a government-funded think tank, also called the Javelins an “insurance policy” against Russian escalation.
But in Carter’s view, “its political significance was greater than its military significance.”
However, the less controversial military aid — including some of the $390 million dollars slated to go to Ukraine this year from the Pentagon and State Department — has come to represent a lifeline for the Ukrainian military, which has achieved key milestones in recent months.
And Trump’s recent assertion that the aid initiated under Obama has merely provided “sheets and pillows” is directly refuted by those who oversaw it.
The Pentagon, which opposed cutting off the aid this summer, told Congress in May that efforts to help reform the country’s military and armaments industry, which has historically been notoriously corrupt, have paid major dividends.
“Through these engagements, the United States has effectively helped Ukraine advance institutional reforms through a number of substantial actions to align Ukraine’s defense enterprise more closely with NATO standards and principles,” John Rood, the undersecretary of Defense for policy, told oversight committees.
He certified that Ukraine’s military “has taken substantial actions” to tackle corruption, improve accountability and is “sustaining improvements to combat capability enabled by U.S. assistance.”
That applies especially to the U.S.-financed military training, which takes place at the Yavoriv training center in western Ukraine near the border with Poland.
Initially, American, Polish, Lithuanian and Canadian troops conducted the training of Ukrainian forces — first for smaller, company-sized units of several hundred soldiers and then up to the level of a brigade, which can include thousands of troops.
But now, battle-experienced Ukrainian troops are conducting most of the training, Gronski said, leaving the U.S. forces “in more of an observer role.”
And U.S. instruction in combat medicine has had a direct impact on the battlefield in the east, Gronski said. “Several times, across several visits, Ukrainian battalion commanders told me that those kits and that training absolutely saved lives.”
So here we see that Traitor Trump, in his actions, gave aid and comfort to our enemy Russia and his Puppet Master Putin, in his withholding the funds and military weapons to the Ukraine to fight the Russians annexation of Crimea and their proxy war against the Ukraine. And this costed Ukrainians lives by his actions.
And by Traitor Trump and the Republicans spreading the bullshit story that it was the Ukraine and not the Russians and Putin who interfered in the election of Traitor Donald J Trump? They are all giving aid and comfort to the enemy Russia and Putin. They are spreading the bullshit propoganda of Putin and Russia on Ukraine everywhere to defend the actions of this treasonous scumbag Donald J Trump.
While we are in essence a peacetime and not at officially declared war with Putin and Russia? Historical prosecution of people who have been arrested, tried and convicted and executed for Treason against the United States during peacetime? Is the case of Julius and Ethel Rosenberg.
Julius Rosenberg and Ethel Rosenberg, Ethel Rosenberg née Ethel Greenglass, (respectively, born May 12, 1918, New York, New York, U.S.—died June 19, 1953, Ossining, New York; born September 28, 1915, New York City—died June 19, 1953, Ossining), the first American civilians to be executed for espionage and the first to suffer that penalty during peacetime.
The Rosenbergs were charged with espionage and brought to trial on March 6, 1951; Greenglass was the chief witness for the prosecution. On March 29 they were found guilty, and on April 5 the couple was sentenced to death. (Sobell and Gold received 30-year prison terms, and Greenglass, who was tried separately, was sentenced to 15 years in prison.) For two years the Rosenberg case was appealed through the courts and before world opinion. The constitutionality and applicability of the Espionage Act of 1917, under which the Rosenbergs were tried, as well as the impartiality of the trial judge, Irving R. Kaufman—who in pronouncing sentence had accused them of a crime “worse than murder”—were key issues during the appeals process. Seven different appeals reached the Supreme Court of the United States and were denied, and pleas for executive clemency were dismissed by Pres. Harry Truman in 1952 and Pres. Dwight Eisenhower in 1953. A worldwide campaign for mercy failed, and the Rosenbergs were executed in the electric chair at Sing Sing Prison in Ossining, New York. Ethel became the first woman executed by the U.S. government since Mary Surratt was hanged in 1865 for her alleged role in the assassination of Abraham Lincoln.
If Julius and Ethel Rosenberg can be prosecuted for High Treason against the United States, during peacetime? Then the same rules and laws can be used that prosecuted them, 18 U.S. Code § 2381. Treason , and sedition: 18 U.S. Code § 2384. Seditious conspiracy for the treasonous actions on the crimes of Donald J Trump, Rudy Guiliani, William Barr, Mick Mulvaney, et al and their withholding Congressionally approved funds and military weapons to go to the Ukraine, to fight the Russians and Putin’s invasion of and annexation of Crimea and their war against Ukraine, who are our ally. This gave aid and comfort to our enemy, Russia and Putin.
Any Republican Senator or Congressperson who stands up and defends Traitor Trump and spreads the bullshit lies that it was the Ukraine that interfered in our elections and not the Russians, as has been proven? Then they are in fact? Guilty of 18 U.S. Code § 2382. Misprision of treason. Such as Senators Lindsey Graham, Mitch McConnell, and Congressmen Devin Nunes, Jim Jordan and many others.
Where do we start? How long do you have?1000 Days of Trump — Longreads
This is a great read on the disaster that is Donald J Trump.
Anti Trump Meme Slideshow
Yeah, I can admit I hate Donald J Trump and many of these memes exposes this scumbag piece of shit, this Putin Puppet Traitor, this sell out to our country, this racist bigot, this misogynist pig, this pervert pedophile, this incestual prick, this disgusting low life sub human troglodyte, this pathological liar.
And if you do not hate his ass? Then I call you a Traitor to this Country.
If President Barack Obama, Bill Clinton, George W Bush, or any other President has done what Traitor Trump has done? I would also call it High Treason and demand he face the music for his crimes.
Because Traitor Donald J Trump decided it was more important to get dirt on Joe Biden Jr and his son so he could maybe win the re-election? He did in fact? Commit High Treason against the United States. And his little lawyer troll Ghouliani? Is also guilty of committing High Treason against the United States. And? Attorney General William Barr? Is guilty of being an accessory to the crime of High Treason against the United States. Any member of Trump’s cabinet who participated in this? Or helped in the cover-up of it? Are guilty of the crime of being accessories to, or accessories after the fact, to the crime of High Treason against the United States.
ANY Republican Senator or House Member, who stands up and defends Traitor Trump and his actions? Are in fact? Guilty of obstruction of justice and being accessories to the crime of Treason Against the United States. From Senate Majority Leader Mitch McConnell, Rick Santorum, Joni Earnst, to any other Republican who has betrayed their oath of office and sides with these treasonous and traitous actions against this country perpetrated by Donald J Trump or his administration or Rudy Giuliani.
ANY PUNDIT from Fox News, Breibart or anywhere else, including Sean Hannity, Laura Ingraham, et al? Who stands up and defends Donald J Trump and his treasonous actions against the United States? Are guilty of the crimes of being accessories to Treason against the United States. If they push the bullshit proven lies about Biden etc? Then they are guilty of obstruction of justice and other crimes.
LET’S SEE THE TRUTH AND THE FACTS HERE SHALL WE THAT PROVES THAT TRUMP AND THE REST HAVE COMMITTED HIGH TREASON AGAINST THE UNITED STATES.
The whistleblower complaint at the center of Congress’ impeachment inquiry alleges that President Donald Trump abused the power of his office to “solicit interference from a foreign country” in next year’s U.S. election. The White House then tried to “lock down” the information to cover it up, the complaint says.
The 9-page document released Thursday fleshes out the circumstances of a summertime phone call in which Trump encouraged his Ukraine counterpart to help investigate a political rival, alleges a central role for one of the president’s personal lawyers and a suggests a concerted White House effort to suppress the exact transcript, including by relocating it to a separate computer system.
From: Whistleblower: White House tried to ‘lock down’ call details
Trump’s impeachment is the only option after Ukraine call transcript
Laurence H. Tribe, Opinion contributor
Let us count the ways. The White House readout of President Donald Trump’s phone conversation with Ukrainian President Volodymyr Zelensky
shows that the American president has committed a multitude of high
crimes and misdemeanors, all of them impeachable. Even without
considering the many prior offenses that were surfaced in the Mueller
report and in the special counsel’s prosecutions
of numerous Trump allies and associates, including in the Southern
District of New York, this readout — which must be the least
incriminating version the White House could compose despite its
remarkable skills at shading the truth or falsifying it altogether — is
The “high crimes and misdemeanors” that the readout reveals — to use the Constitution’s term for impeachable offenses beyond “treason” and “bribery” (both of which the readout comes close to establishing) — begin with Trump abusing the foreign policy powers entrusted to the president by Article II in order to serve his own political interests rather than the interests of the American people.
Ukraine pressed by Trump, Russia
Those interests were defined here by a bipartisan decision of the Congress we elected to represent us in world affairs using its Article I spending power: Congress decided that it was in our nation’s security interest to provide nearly $400 million in aid to the beleaguered patriots of an American ally fighting a bloody battle with an American adversary. The ally was Ukraine. The adversary was Russia, which had — not so coincidentally — tried to help Trump win office in 2016.
Even if this action weren’t payback to Russian President Vladimir Putin and yet another indication of how beholden Trump is to that brutal dictator — which it may well have been — it was a blatant usurpation of Congress’ Appropriation Clause authority for Trump to withhold the aid the Ukranians needed. When asked by Ukraine’s president in this July 25 phone call to purchase more Javelin missiles from the United States for defense purposes, Trump responded that he would gladly do so, although — he actually used the word “though” — he would greatly appreciate that foreign president’s aid in, among other things, gathering evidence to effectively help prosecute Trump’s main rival for the presidency in the forthcoming election.
Imagine the outrage, not to mention the judicial rebuke, that would have followed if Congress had overtly conditioned aid to a country being overrun by Russia upon that country’s agreement to apparently advance the political ambitions of the incumbent president! That this plainly unconstitutional condition was instead subtly interposed by Trump himself only makes the matter more egregious.
Campaign finance law is clear
In addition, despite the Department of Justice’s conclusion to the contrary, the campaign assistance that Trump sought in implicit exchange for his releasing the funds Congress had appropriated and Ukraine desperately needed clearly violates the same federal laws governing our elections that the president arguably violated to get himself elected in the first place — namely, the statutes making it illegal for a candidate in an American election to solicit or accept anything “of value” from a foreign source.
Making Trump’s lawlessness all the more egregious was his enlisting William
Barr, the nation’s attorney general, to work with Trump’s own
consigliere, Rudy Giuliani, in digging up dirt in Ukraine on former Vice
President Joe Biden, a leading candidate for the opposing party’s
presidential nomination, and Biden’s surviving son, Hunter.
Never mind the cruelty and vindictiveness of selecting this particular target for his rage. Sadism is not an impeachable offense. Never mind the odds that the president’s hatred for his predecessor, President Barack Obama, probably drove his obsession with hurting Obama’s handpicked vice president. Envy isn’t impeachable either.
And never mind that there is no credible evidence that Biden or his son violated any law. Even if they had, for a president to conscript the highest law enforcement official in the land, one paid by and legally bound to serve the American people, to do his personal and political bidding in an effort not only to smear but to also criminally prosecute a political foe is the stuff of novels about banana republics, not of the America I know and whose Constitution and laws I have spent a lifetime defending.
The least of it is that using personnel paid by American taxpayers, whether civilians like Barr or military personnel like the pilots involved in landing at the Scottish airfield near Trump’s failing golf course, is a way of supplementing his congressionally fixed compensation in violation of the Domestic Emoluments Clause of Article II.
Worse than that is any president’s very decision to turn the Department of Justice into his personal law firm and weaponizing it against his political opponents, one of many violations of the president’s Oath of Office.
Whatever other evidence the House impeachment inquiry launched by House Speaker Nancy Pelosi on Wednesday might uncover, we already know enough to say:
Donald J. Trump has committed high crimes and misdemeanors against the United States and must be impeached.
From Trump’s impeachment is the only option after Ukraine call transcript Opinion piece by Professor Laurence H. Tribe.
Laurence H. Tribe is a professor of constitutional law at Harvard Law School and co-author of “To End A Presidency: The Power of Impeachment.” Follow him on Twitter: @tribelaw
Campaign Finance Law: When “Collusion” with a Foreign Government Becomes a Crime by Bob Bauer.
Former White House Counsel to President Obama (2010-2011). Professor of Practice and Distinguished Scholar in Residence at New York University School of Law.
*Bloggers note. This is just the first part, in a three part series essay written by Bob Bauer. This one I posted so you can get an idea of what kinds of violations Traitor Trump did during the 2016 campaign with Russia and Putin and gives the backdrop to what he has now done in the Ukrainian scandal and treasonous actions.
You can find part two and three if you follow the link and then the sub links there.
Lets first look how the law is written before I post from the above story.
11 CFR § 110.20 – Prohibition on contributions, donations, expenditures, independent expenditures, and disbursements by foreign nationals (52 U.S.C. 30121, 36 U.S.C. 510).
§ 110.20 Prohibition on contributions, donations, expenditures, independent expenditures, and disbursements by foreign nationals (52 U.S.C. 30121, 36 U.S.C. 510).
(a)Definitions. For purposes of this section, the following definitions apply:
(1)Disbursement has the same meaning as in 11 CFR 300.2(d).
(2)Donation has the same meaning as in 11 CFR 300.2(e).
(3)Foreign national means –
(i) A foreign principal, as defined in 22 U.S.C. 611(b); or
(ii) An individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined in 8 U.S.C. 1101(a)(20); however,
(iii)Foreign national shall not include any individual who is a citizen of the United States, or who is a national of the United States as defined in 8 U.S.C. 1101(a)(22).
(4)Knowingly means that a person must:
(i) Have actual knowledge that the source of the funds solicited, accepted or received is a foreign national;
(ii) Be aware of facts that would lead a reasonable person to conclude that there is a substantial probability that the source of the funds solicited, accepted or received is a foreign national; or
(iii) Be aware of facts that would lead a reasonable person to inquire whether the source of the funds solicited, accepted or received is a foreign national, but the person failed to conduct a reasonable inquiry.
(5) For purposes of paragraph (a)(4) of this section, pertinent facts include, but are not limited to:
(i) The contributor or donor uses a foreign passport or passport number for identification purposes;
(ii) The contributor or donor provides a foreign address;
(iii) The contributor or donor makes a contribution or donation by means of a check or other written instrument drawn on a foreign bank or by a wire transfer from a foreign bank; or
(iv) The contributor or donor resides abroad.
(6)Solicit has the same meaning as in 11 CFR 300.2(m).
(7)Safe Harbor. For purposes of paragraph (a)(4)(iii) of this section, a person shall be deemed to have conducted a reasonable inquiry if he or she seeks and obtains copies of current and valid U.S. passport papers for U.S. citizens who are contributors or donors described in paragraphs (a)(5)(i) through (iv) of this section. No person may rely on this safe harbor if he or she has actual knowledge that the source of the funds solicited, accepted, or received is a foreign national.
(b)Contributions and donations by foreign nationals in connection with elections. A foreign national shall not, directly or indirectly, make a contribution or a donation of money or other thing of value, or expressly or impliedly promise to make a contribution or a donation, in connection with any Federal, State, or local election.
(c)Contributions and donations by foreign nationals to political committees and organizations of political parties. A foreign national shall not, directly or indirectly, make a contribution or donation to:
(1) A political committee of a political party, including a national party committee, a national congressional campaign committee, or a State, district, or local party committee, including a non-Federal account of a State, district, or local party committee, or
(2) An organization of a political party whether or not the organization is a political committee under 11 CFR 100.5.
(d)Contributions and donations by foreign nationals for office buildings. A foreign national shall not, directly or indirectly, make a contribution or donation to a committee of a political party for the purchase or construction of an office building. See11 CFR 300.10 and 300.35.
(e)Disbursements by foreign nationals for electioneering communications. A foreign national shall not, directly or indirectly, make any disbursement for an electioneering communication as defined in 11 CFR 100.29.
(f)Expenditures, independent expenditures, or disbursements by foreign nationals in connection with elections. A foreign national shall not, directly or indirectly, make any expenditure, independent expenditure, or disbursement in connection with any Federal, State, or local election.
(g)Solicitation, acceptance, or receipt of contributions and donations from foreign nationals. No person shall knowingly solicit, accept, or receive from a foreign national any contribution or donation prohibited by paragraphs (b) through (d) of this section.
(h)Providing substantial assistance.
(1) No person shall knowingly provide substantial assistance in the solicitation, making, acceptance, or receipt of a contribution or donation prohibited by paragraphs (b) through (d), and (g) of this section.
(2) No person shall knowingly provide substantial assistance in the making of an expenditure, independent expenditure, or disbursement prohibited by paragraphs (e) and (f) of this section.
(i)Participation by foreign nationals in decisions involving election-related activities. A foreign national shall not direct, dictate, control, or directly or indirectly participate in the decision-making process of any person, such as a corporation, labor organization, political committee, or political organization with regard to such person’s Federal or non-Federal election-related activities, such as decisions concerning the making of contributions, donations, expenditures, or disbursements in connection with elections for any Federal, State, or local office or decisions concerning the administration of a political committee.
(j)Donations by foreign nationals to inaugural committees. A foreign national shall not, directly or indirectly, make a donation to an inaugural committee, as defined in 11 CFR 104.21(a)(1). No person shall knowingly accept from a foreign national any donation to an inaugural committee. [67 FR 69950, Nov. 19, 2002, as amended at 69 FR 59780, Oct. 6, 2004]
Now onto the story:
Commentary on Russian intervention in the 2016 elections has included one confidently expressed and perhaps growing view: that there may be a scandal there, but no conceivable crime. It is claimed that the Trump campaign could wink and nod at Russian hacking, and derive the full benefit, but that without considerably more evidence of direct involvement, there is no role for criminal law enforcement. The matter is then left to Congress to consider whether new laws are needed, and the public, of course, will render its judgment in opinion polls and in elections still to come.
This view is flawed. It fails to consider the potential campaign finance violations, as suggested by the facts so far known, under existing law. These violations are criminally enforceable.
It would not be the first time Congress wrestled with these questions of foreign interference with the US electoral process. Following the 1996 elections, the Republican Party concluded that the victorious Bill Clinton had benefited from foreign intervention in his election. Its Senate majority organized hearings, chaired by the late Senator Fred Thompson, who opened them with the declaration that high-level Chinese officials had committed substantial sums of money to influence the presidential election. The ensuing investigation, which included a parallel criminal inquiry, did not live up to Senator Thompson’s most dramatic claims, but Congress later amended the law to tighten the long-standing prohibition against foreign national spending in federal elections. On this point, there was bipartisan unity: that the law should stand clearly and without gaping loopholes against foreign interference in American elections.
Then the issue made a dramatic return in this last presidential election, but with a major difference. This time, there is no doubt that a foreign state, Russia, devoted resources to influence the outcome of the 2016 election. But unlike 1996, the manner of this intervention—the hacking of emails, the dissemination of fake news—has directed much of the legal discussion to computer security and espionage statutes. The controversy has not had the “feel” of a classic case about political spending. It has come across in press reporting and public discussion as a tale of 21st century cyber-crime and foreign intelligence service skullduggery—more sophisticated international intrigue than Watergate’s “third-rate burglary” and associated cover-up. “Unlike the Watergate investigation, which began with a break-in,” the New Yorker’s and CNN’s Jeffrey Toobin has written, “it is not immediately clear what crimes may have been committed.” And even if there might be criminal wrongdoing somewhere in this Trump campaign-Russia relationship, commentators have tended to doubt that there is yet sufficient hard evidence of it.
Yet even on the information so far available, there are solid grounds for paying close attention to the potential campaign finance violations. The case is more or less hiding in plain sight.
The law prohibits foreign nationals from providing “anything of value … in connection with” an election. The hacking of the Podesta emails, which were then transmitted to Wikileaks for posting, clearly had value, and its connection to the election is not disputed. None other than the Republican nominee said so publicly, egging on the Russians to locate and publish Clinton emails to aid his campaign. He famously declared: “I will tell you this, Russia: If you’re listening, I hope you’re able to find the 30,000 emails that are missing.” One well known Trump confidante, Roger Stone, is among those backing the President’s candidacy who offered similar contemporaneous statements about the value placed on these disclosures (and who, having intimated that he had inside information about when the materials would be released, now faces inquiries from the Congress (and from the Special Counsel’s investigation)).
There is a fair question of what sort of involvement beyond vocalized glee would subject Americans to liability for these foreign intelligence activities. The relevant regulation suggests that something more is required: at least “substantial assistance” to the foreign spender in providing this “thing of value.” Does a presidential campaign render this substantial assistance to a foreign national engaged in influencing an election by endorsing the specific activity and confirming its strategic utility? When the Federal Election Commission (FEC) promulgated this ban on “substantial assistance,” it said little about its scope. It did make clear that the term was to be broadly construed. It offered the concrete example of a U.S. citizen acting as a “conduit or intermediary” for foreign spending, but noted that this was provided as only one example. It expressly left open other possibilities.
The President and others associated with the campaign made no bones about the value to them of the purloined email communications. The President told a rally of supporters he “loved” Wikileaks and read from the hacked communication to support his attack on his opponent for “a degree of corruption at the highest levels of our government like nothing we have ever seen as a country before.” He drew on the emails in the debates with Secretary Clinton. Notably, when he was asked during the debates to acknowledge the Russian program of interference and given the opportunity to openly oppose the actions, he wouldn’t do so. He also mentioned Wikileaks 124 times in the last month of the campaign. The Russians could only have been strengthened in the conviction that their efforts were welcome and had value. That covers the evidence in plain sight.
Of course, investigators will examine whether there were Trump campaign communications or private assurances to foreign nationals—including Russians and associates of Wikileaks acting as their “agents”—to encourage them or help coordinate the dissemination of these materials. Coordination at this level could well trigger the application of other provisions of the rules directed at the political campaign’s acceptance or receipt of the Russian assistance, or even its direct solicitation of it. But the “substantial assistance” prong would cover the more indirect of the Trump campaign activities—including public statements—that were conducted at more of a distance, and yet still intended to signal the Russians that help was needed and of “value.”
A Trump defense may include the claim that he and his campaign cannot be constitutionally subjected to legal liability for any public statements on the campaign trail. They may try to frame their statements as rough-and-tumble political commentary on Russian behavior that, while helpful to the Republican nominee, neither Trump nor his associates clearly requested or for which they can be held responsible. This First Amendment defense is at least at the mercy of whatever facts are still uncovered about the extent of any “collusion.” But even with just a little more in the way of fact, with the addition of detail to an already well-established outline, the Trump campaign’s position is precarious. How strongly does the First Amendment protect a presidential nominee’s mobilization of foreign government support for his candidacy—support achieved through illegal activities?
A test of this constitutional defense is whether it relies somehow on the fact that Trump and his campaign were open and notorious in courting Russian assistance. Presumably, had they pursued this assistance behind closed doors, few would question the legal significance of the understanding reached with a foreign government supporter. It would be remarkable to maintain that this appeal for help is converted into constitutionally protected speech because the speaker has chosen to have much or all of the conversation in public.
Recent developments in the law speak clearly to the strength of the government’s interest in an expansive enforcement of the ban on foreign national involvement in U.S. elections. In 2012, in Bluman v. Federal Election Commission, a federal appellate court ruled, and the Supreme Court affirmed, that lawful resident aliens had no First Amendment right to contribute to American candidates and political committees. More importantly, the court emphasized that foreign national political intervention implicated a principle “fundamental to the definition of our national political community,” which is that “foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self-government.” At stake was “part of the sovereign’s obligation to preserve the basic conception of a political community.” It will be no minor feat for Trump campaign lawyers, relying on Donald Trump’s free speech rights, to overcome what the court called this “foundational” interest.
The law as written already treats speech as a factor in potential violations of the ban on foreign national political spending. A foreign national may not “participate,” or “control” or “direct” decisions on contributions or expenditures. This is a speech-centered restriction. So a foreign national working for the foreign parent of a US corporation (let alone a foreign national resident in the United States) may not discuss with an American PAC Director plans for making contributions or expenditures, and it is immaterial for this purpose that the revenues on which the PAC will draw for the contribution was generated within the United States. And it is not only a question of the foreign national’s speech (to which, of course, no First Amendment protection attaches). The American PAC Director’s own speech is relevant to a finding of illegal “participation,” if the conversation indicates that the PAC Director is seeking permission, yielding control over the decision, or merely soliciting the foreign national’s opinion on how to spend the money. A statement like Donald Trump’s that he “loves WikiLeaks,” or that he hopes that more will be done to bring to light Clinton emails, would be evidence in such a conversation that his foreign national interlocutor was “participating” in a decision on political spending in connection with the election.
Trump and his campaign might argue that the hacking and dissemination of the emails were not political spending—not, in a technical sense, “contributions” nor “expenditures”—covered by the federal campaign finance law. Perhaps so, but they were something of value, and the statute and related regulations of the FEC separately prohibit any value given by a foreign national. Of course, the Trump campaign might take up the fight on this issue and litigate it. It would then have the thankless task of persuading a court that a presidential candidate can invite, then warmly accept and exploit, the activities of a foreign intelligence service because it is a particular kind of “value,” not a conventional contribution or expenditure. The campaign will have an even harder time if it is established that Russians distributed information through online bots, the creation of DC Leaks in the United States, or the payment for online advertising.
What is also exceptional about the Trump case, distinguishing it from other forms of national electioneering, is the absence of any question about intent, or state of mind. In the most recent round of revisions to its rules, the FEC went to some lengths to allow a candidate or political committee to establish that it did not reasonably know about the foreign source of the contribution or expenditure or other value received. (11 C.F.R. § 110.20 (a)(4),(7)). This is no help to the Trump campaign which certainly had every reason to know that, as widely reported and declared officially by the US government, Russia was behind the hacking. Trump, on the campaign trail, said as much in inviting Russia to release more. At other times he suggested that perhaps Russia was not behind these activities, that no one could know: but, remarkably, he allowed for the possibility that another foreign power, China, might have been responsible. And once again, there are other parts of the public record bearing on intent that will receive close investigative scrutiny, like Trump’s close confidante Roger Stone’s repeated statements about his communications with Wikileaks and Julian Assange.
Whether prosecutors choose to interpret the law aggressively in these circumstances is bound to be affected, and not to Trump’s advantage, by the well-established identity of the foreign actor: a state, operating through its own intelligence services. This is not the typical foreign national case. In recent years, after Citizens United, the FEC has been preoccupied with debates over political spending by corporations. It has pondered how expansively the regulations should treat campaign activities of the USA subsidiary of a foreign corporation, or by a corporation with a significant percentage of foreign national shareholders. The Commission could not agree on tightening the rules, and the reason, in part, was the difficulty that three of the Commissioners perceived in defining when a business could be deemed to represent “foreign” interests. These complications are not present in a case involving a foreign government.
And, at the same time, it is because of this clear involvement of a foreign state actor that the Trump case will be pivotal in determining the efficacy of the ban on foreign national electioneering. The campaign finance laws have as their core purpose preventing corruption of government, or its appearance, but the provision prohibiting foreign political spending is uniquely concerned with corruption of a different, even higher order, that strikes at national security. The Bluman court cited the high importance of preserving of the “basic conception of a political community” in holding that two individuals—one a Canadian and the other holding dual Canadian and Israeli citizenship—could not make simple, every-day contributions to political organizations. In the Trump case, which involves active foreign intervention in a political campaign that is welcomed and encouraged by one of the candidates, this “basic conception” is even more—it is fair to say, acutely—at stake.
As the case unfolds, other instances of Russian support for the campaign might still surface, as I have indicated. The investigators will look into unconfirmed reports that the Russians may have attempted through intermediaries to buy ads placed for the benefit of Trump on social media platforms. Should there be any evidence that the Trump campaign colluded in this advertising activity, a straightforward campaign finance violation—a massive illegal contribution to the campaign—would be added to the one built on hacking and WikiLeaks distribution. The same holds true for any collusion over use of microtargeting techniques, which congressional investigations are reportedly now also probing.
But, as a major issue of foreign national involvement under the campaign finance law, the hacking episode may prove more than sufficient to sustain the current criminal investigation, and it could wind up being central to it.
The Iceberg’s Tip: Ukraine Phone Call and the Months-Long Conspiracy to Violate Federal Campaign Finance Laws
The absurdity of the Justice Department’s refusal to investigate
Essay By Paul Seamus Ryan: Vice President of Policy & Litigation at Common Cause.
Earlier this week the White House released a rough transcript of President Donald Trump’s July 25 phone conversation with Ukraine’s President Volodymyr Zelensky. Understandably, there’s been much scrutiny of the transcript. Is the transcript complete? What exactly did Trump ask Zelensky for? Was there a “quid pro quo” exchange? To be clear, the transcript is incriminating on its face. But this narrow and granular analysis on one conversation risks missing the big picture.
The most important takeaway from the call transcript and the now-public whistleblower complaint is that President Trump seemingly orchestrated a months-long conspiracy to obtain Ukrainian government assistance in his 2020 reelection campaign—in violation of federal campaign finance laws and, perhaps, other statutes. The Department of Justice (DOJ) decision not to investigate these violations has no basis in law. And it turns out Attorney General William Barr had no business being involved in the matter, as he is implicated both in the whistleblower complaint and by the transcript of President Trump’s call with the Ukrainian president.
July 25 Phone Call Only the Tip of the Iceberg
To be certain, President Trump solicited a political contribution from President Zelensky during the July 25 call—asking President Zelensky to “look into” Joe Biden—but that was neither the first nor the last time President Trump, either directly or through his agents, solicited a political contribution from the Ukraine government. Trump’s illegal efforts to gain Ukraine’s assistance in his 2020 reelection campaign date back at least to January and continued after his July 25 call with Zelensky.
On September 23, Common Cause filed a complaint with DOJ and the Federal Election Commission (FEC) alleging reason to believe that President Trump, Rudy Giuliani and at least three other Trump allies (Victoria Toensing, Lev Parnas and Igor Fruman) violated the federal law ban on soliciting, or substantially assisting the solicitation of, a political “contribution” from a foreign national through numerous meetings and phone calls with Ukrainian officials.
Back in May, the New York Times reported that Giuliani was planning a trip to Ukraine to meet with recently-elected President Zelensky “to urge him to pursue inquiries that allies of the White House contend could yield new information about two matters of intense interest to Mr. Trump”: the “origin of the special counsel’s investigation into Russia’s interference in the 2016 election” and the “involvement of former Vice President Joseph R. Biden Jr.’s son in a gas company owned by a Ukrainian oligarch.”
Giuliani’s planned trip was reportedly “part of a monthslong effort” by Giuliani and “a small group of Trump allies working to build interest in the Ukrainian inquiries. Their motivation is to try to discredit the special counsel’s investigation; undermine the case against Paul Manafort …; and potentially to damage Mr. Biden.” Over the course of several months, Giuliani and his allies had numerous telephonic and in-person meetings with Ukrainian officials to advance President Trump’s personal political agenda.
The New York Times’ report was followed by a late July BuzzFeed News deep dive into the months-long effort by Giuliani and “[t]wo unofficial envoys reporting directly” to him to obtain Ukraine’s assistance in Trump’s 2020 reelection efforts. BuzzFeed News wrote:
In a whirlwind of private meetings, Lev Parnas and Igor Fruman—who pumped hundreds of thousands of dollars into Republican campaigns and dined with the president—gathered repeatedly with top officials in Ukraine and set up meetings for Trump’s attorney Rudy Giuliani as they turned up information that could be weaponized in the 2020 presidential race.
Parnas and Fruman reportedly “helped arrange meetings in New York between the [Ukraine’s top prosecutor Lutsenko] and Giuliani in January” and in “February, Giuliani and Parnas met privately again with Lutsenko” on the sidelines of a meeting “that included US Secretary of State Mike Pompeo and the Russian President Vladimir Putin.” Then in May, Parnas and Fruman “flew to Paris, where they joined Giuliani in talks with” another Ukrainian prosecutor, Nazar Kholodnytsky.
In April, within hours of President Zelensky’s election, President Trump called him and, according to several sources, urged him to coordinate with Giuliani and “pursue investigations of ‘corruption,’” as revealed this week by the New York Times.
Days after President Trump’s July 25 call with President Zelensky, on or about August 2 according to the whistleblower complaint, Giuliani “met with an aide to the Ukrainian president in Madrid and spelled out two specific cases he believed Ukraine should pursue,” an investigation of Joe Biden and his son, and an investigation of whether Democrats colluded with Ukraine to release information on Paul Manafort during the 2016 election. The complaint notes that Giuliani had “privately reached out to a variety of other Zelenskyy advisers” and that some of these advisors “intended to travel to Washington in mid-August.” The whistleblower complaint goes on to note many of these meetings.
Rudy Giuliani is referenced five times in the rough transcript of the July 25 call, with President Zelensky first bringing up Giuliani and mentioning that one of his assistants “spoke with Mr. Giuliani recently” and that he hoped “very much that Mr. Giuliani will be able to travel to Ukraine and we will meet once he comes to Ukraine.” President Trump then noted three times that he would have Giuliani call President Zelensky, saying: “If you could speak to him, that would be great.”
Giuliani is Trump’s personal attorney, not a diplomat. Giuliani has stated: “My only client is the president of the United States[.] He’s the one I have an obligation to report to, tell him what happened.” He has also said that his Ukraine efforts have the full support of Trump, and that Trump “knows what I’m doing, sure, as his lawyer.” Giuliani also made clear that his work with Ukrainian officials “isn’t foreign policy” and that he’s urging investigations of Biden “because that information will be very, very helpful to my client, and may turn out to be helpful to my government.”
Giuliani was representing the interests of candidate Trump, not the interests of the American people. Giuliani was taking direction from his client, President Trump, and keeping Trump fully informed of his actions. Together, they conspired for months to violate federal campaign finance laws by soliciting Ukrainian support for Trump’s 2020 reelection campaign.
DOJ Decision Not to Investigate Campaign Finance Violations Has No Basis in Law
In the complaint Common Cause filed Monday with the DOJ and FEC, and in a piece I wrote earlier this week for Just Security, I explained in detail how Trump and Giuliani seemingly violated the campaign finance law prohibition on soliciting, or substantially assisting solicitation of, a “contribution” from a foreign national in connection with a U.S. election.
We now know that the Inspector General of the Intelligence Community reached the same conclusion in August, when considering the whistleblower complaint. And we know that some White House lawyers recognized the implications of the July 25 call because they soon thereafter took steps to severely restrict access to the transcript of the call by moving it from the computer system where it would typically be stored to a separate system reserved for certain types of classified materials of “an especially sensitive nature.”
Remarkably, the DOJ said this week that the Department “explored whether the July call merited opening a criminal investigation into potential campaign finance violations by the president” and “concluded it did not—that the information discussed on the call didn’t amount to a ‘thing of value’ that could be quantified, which is what the campaign finance laws require.” This determination by the DOJ flies in the face of Special Counsel Robert Mueller’s interpretation of the same provision of law.
As I explained in a summary of a section of the Mueller Report that I wrote for Just Security, Special Counsel Mueller considered charging Donald Trump Jr., Paul Manafort and Jared Kushner with violating ban on soliciting a contribution from a foreign national for their June 2016 meeting with Russians at Trump Tower to receive opposition research on Hillary Clinton.
Mueller began an overview of the ban on soliciting a contribution from foreign nationals by quoting now-Supreme Court Justice Brett Kavanaugh’s lower court decision in Bluman v. FEC, upholding the foreign contribution ban against First Amendment challenge: “[T]he United States has a compelling interest … in limiting the participation of foreign citizens in activities of democratic self-government, and in thereby preventing foreign influence over the U.S. political process.”
In explaining the “threshold legal question” of whether providing “documents and information” to a campaign would constitute a “contribution,” Mueller noted the “foreign contribution ban is not limited to contributions of money.” It includes a contribution of “money or other thing of value.’” According to Mueller, “[t]he phrases ‘thing of value’ and ‘anything of value’ are broad and inclusive enough to encompass at least some forms of valuable information.”
[C]andidate-related opposition research given to a campaign for the purpose of influencing an election could constitute a contribution to which the foreign-source ban could apply. A campaign can be assisted not only by the provision of funds, but also by the provision of derogatory information about an opponent. Political campaigns frequently conduct and pay for opposition research. A foreign entity that engaged in such research and provided resulting information to a campaign could exert a greater effect on an election, and a greater tendency to ingratiate the donor to the candidate, than a gift of money or tangible things of value.
Mueller’s conclusion that opposition research “could constitute a contribution” under campaign finance law was consistent with my analysis in July 2017, when the Trump Tower story broke and Common Cause filed a complaint with Mueller and the DOJ.
In the end, however, Mueller decided not to prosecute Trump Jr., Manafort and Kushner because of the difficulty he believed he would have proving beyond a reasonable doubt that (1) they knew that solicitation of a contribution from a foreign national was illegal; and (2) the information they solicited was worth at least $2,000 (for a federal misdemeanor) or $25,000 for a felony.
Mueller concluded that opposition research could constitute a “thing of value” for the purposes of campaign finance law, but the DOJ concluded in Ukrainegate it could not. What might explain these conflicting interpretations of the law?
We don’t yet know. But one very troubling aspect of the DOJ’s handling of the whistleblower complaint is Attorney General Barr’s involvement. Barr is named on the first page of the complaint as “involved,” yet reportedly was briefed on the matter as soon as the DOJ learned of the complaint. In President Trump’s July 25 phone call with President Zelensky, Trump asked Zelensky to work with both Barr and Giuliani to investigate Joe Biden. Trump referred to Barr being the point person, alongside Giuliani, four times in the thirty-minute conversation. Barr is implicated in Trump’s campaign finance violations—at a minimum, Barr is a witness. Barr should have recused himself entirely from the DOJ’s handling of the whistleblower complaint and the ensuing conflict between the White House, DOJ and Congress over this matter. Instead, Barr is at the center of it all.
Representative Jerrold Nadler, chair of the House Judiciary Committee, has called on Barr to recuse himself from the matter going forward. Ultimately, the investigation may lead to Barr’s impeachment and potentially the impeachment of others complicit in these campaign finance violations, their coverup, and other abuses of the office of the President.
For now, DOJ should reverse its decision not to investigate Trump, Giuliani and others implicated in the whistleblower complaint. If Barr and the DOJ will not do so, Congressional impeachment proceedings are the last hope for the rule of law. The whistleblower complaint provides a roadmap for the congressional impeachment investigation as it seeks to uncover the full extent of the criminal violations that have occurred. The phone call between President Trump and President Zelensky is only one action in a systematic plan to manufacture opposition information from Ukraine to influence the outcome of the 2020 election.
Timeline: Trump, Giuliani, Biden, and Ukrainegate
From Timeline: Trump, Giuliani, Biden, and Ukrainegate (updated)
By Viola Geinger and Ryan Goodman Updated on Sept 26,2019.
March 2014 – Russian military invasion
Russian forces invade Crimea and stage an illegal and dubious referendum and declare their annexation of the peninsula. That month, the United Nations General Assembly votes to condemn Russian actions, including the referendum.
April 2014 – Russian and pro-Russian forces invade the regions of Donetsk and Luhansk in eastern Ukraine and take control, starting a war that continues today and has killed more than 13,000 people.
April 2014 – Hunter Biden joins Ukrainian firm Burisma
Joe Biden’s younger son, Hunter Biden, joins the board of Burisma Holdings, the largest private oil and gas extracting company in Ukraine, controlled by founder Mykola Zlochevskiy, who had served as a Cabinet minister under former pro-Russian Presidents Leonid Kuchma and Yanukovych. Both administrations had been suspected of corruption, and once they were ousted, successor administrations pledging reforms targeted previous officials, including Zlochevskiy, for investigation. Allegations against Zlochevskiy center on the funding schemes he used to form the company in 2002. But cases against him stall in each instance.
An American business partner of Hunter Biden, Devon Archer, also joins the board. The company issues a press release about the Biden appointment in May (see below). The appointment draws criticism for the potential perception of a conflict of interest with Vice President Biden’s role as the White House’s point man on Ukraine. News reports later in 2014 reveal that Hunter Biden had been discharged from the Navy in February for testing positive for cocaine (clearly just months before the Burisma board appointment).
April 16, 2014 – U.K. investigates Burisma owner Mykola Zlochevskiy
The U.K.’s Serious Fraud Office blocks accounts of Burisma’s majority shareholder, Mykola Zlochevskiy. A British court conducts a hearing on Dec. 3-5, 2014, and unblocks the accounts in a Jan. 21, 2015 judgment, (full text), finding that none of the evidence “establishes reasonable grounds for a belief that his assets were unlawfully acquired as a result of misconduct in public office.” (In September 2015, U.S. Ambassador to Ukraine Geoffrey Pyatt heavily criticizes the Office of Prosecutor General Viktor Shokin in a public speech for not cooperating sufficiently with and even undermining the British investigation. See below.)
May 12, 2014 – Burisma Holdings issues a press release saying Hunter Biden has joined its board, and that he will be “in charge of the Holdings’ legal unit and will provide support for the company among international organizations.” The release cites his then-current positions as counsel to New York-based law firm Boies, Schiller & Flexner LLP and co-founder and a managing partner of investment advisory firm Rosemont Seneca Partners, where he also served as board chairman.
Aug. 5, 2014 – Ukraine investigation of Burisma
Ukrainian Prosecutor General Vitaly Yarema opens an investigation of Burisma owner Mykola Zlochevskiy on suspicion of “unlawful enrichment.” (The investigation is referenced in the January 2015 U.K. court judgment, which concludes that the Ukrainian probe might have been started as a result of a misinterpretation of the British account freeze.) Zlochevskiy’s American lawyer, John Buretta, a former U.S. deputy assistant attorney general, says in a 2017 Q&A on the Burisma website that a court in Kyiv ordered the case closed in September 2016 because no evidence of wrongdoing had been presented. While suspicions remain over how Zlochevskiy obtained his wealth and what happened to taxpayer money while he held public office, the British judge in the January 2015 U.K. judgment observed, “Allegations of corruption against political opponents appear to have been a feature of Ukrainian political life at this time.”
Oct. 14, 2014 – Ramping up Ukraine anti-corruption forces
Ukraine’s Parliament passes a law establishing the National Anti-Corruption Bureau (NABU), a priority of anti-corruption campaigners who’d helped lead the revolution and of the U.S. government (led by Biden) and other international backers of Ukraine. The bureau, which is to include a special prosecutor for certain corruption cases, was created in part because of the recognized ineffectiveness and corruption of the Prosecutor General’s Office and the country’s judiciary. The country’s anti-corruption plans also include a special High Anti-Corruption Court, which Poroshenko and Parliament slow-rolled until domestic and foreign advocates again exerted pressure over the past year. In fact, the U.S. and Europe required the Ukrainian government to fund NABU in exchange for financial aid. NABU’s early years are an uphill battle in the face of documented efforts by Parliament and the Prosecutor General’s Office to undermine its work.
NABU later becomes a target of Giuliani’s (see Aug. 14, 2016 item below).
Feb. 10, 2015 – Viktor Shokin takes office as Ukraine’s prosecutor general, replacing Yarema.
Sept. 24, 2015 – U.S. Ambassador to Ukraine Geoffrey Pyatt excoriates Prosecutor General Shokin’s office for stymying anti-corruption investigations, including those involving Burisma
Pyatt’s speech was part of a regular drumbeat by U.S. and other Western leaders, including Vice President Biden, and a swath of Ukrainian civil society seeking to pressure President Poroshenko to force his officials, especially in the Prosecutor General’s Office (PGO) to crack down more, not less, on corruption. “Corruption kills,” Pyatt said in the address to the Odesa Financial Forum for business leaders. “It kills productivity and smothers inspiration. Ideas are lost in its shadow. Innovation and entrepreneurship lag under the weight of bribery, back room dealing, and bullying.”
While giving Shokin a last chance to shape up (Pyatt says, “We want to work with Prosecutor General Shokin so the PGO is leading the fight against corruption.”), the ambassador criticizes “officials at the PGO’s office” for not providing documents that were needed for the British investigation of Burisma owner Zlochevskiy and effectively allowing Zlochevskiy to transfer $23 million of what Pyatt says were Ukrainian taxpayer assets to Cyprus. In other words, Pyatt is critical of the prosecutor’s office for not aiding in investigations of Burisma’s owner, which was in line with Biden’s criticism that the office was blocking corruption investigations. Pyatt specifically called for the investigation and removal of officials who were involved in the failure to help the British authorities investigate Zlochevskiy:
“We have learned that there have been times that the PGO not only did not support investigations into corruption, but rather undermined prosecutors working on legitimate corruption cases.
For example, in the case of former Ecology Minister Mykola Zlochevsky, the U.K. authorities had seized 23 million dollars in illicit assets that belonged to the Ukrainian people. Officials at the PGO’s office were asked by the U.K to send documents supporting the seizure.
Full Text of of Ambassador Pyatt’s speech.
Instead they sent letters to Zlochevsky’s attorneys attesting that there was no case against him. As a result, the money was freed by the U.K. court and shortly thereafter the money was moved to Cyprus.
The misconduct by the PGO officials who wrote those letters should be investigated, and those responsible for subverting the case by authorizing those letters should – at a minimum – be summarily terminated.”
Fall 2015 – Biden, along with the EU, publicly calls for ouster of Prosecutor General Shokin for failure to work on anti-corruption efforts.
John E. Herbst, U.S. Ambassador to Ukraine under George W. Bush, later testified before Congress:
“By late fall of 2015, the EU and the United States joined the chorus of those seeking Mr. Shokin’s removal as the start of an overall reform of the Procurator General’s Office. U.S. Vice President Joe Biden spoke publicly about this before and during his December visit to Kyiv.”
Dec. 8, 2015 – Vice President Biden makes a speech to Ukraine’s Parliament urging the country to step up anti-corruption measures.
In a speech covered widely in news media, Biden implores Ukrainian lawmakers to move more quickly to fight the country’s “historic battle against corruption” and “make real the Revolution of Dignity.” (Many of the lawmakers themselves were former businessmen and suspected of corruption and therefore that much less interested in fighting graft.) He says, “The only thing worse than having no hope at all is having hopes rise and see them dashed repeatedly on the shoals of corruption…Not enough has been done yet.” Specifically citing Shokin’s Office of the General Prosecutor for lagging on corruption investigations, he continues:
“It’s not enough to set up a new anti-corruption bureau and establish a special prosecutor fighting corruption. The Office of the General Prosecutor desperately needs reform. The judiciary should be overhauled. The energy sector needs to be competitive, ruled by market principles — not sweetheart deals. It’s not enough to push through laws to increase transparency with regard to official sources of income. Senior elected officials have to remove all conflicts between their business interest and their government responsibilities. Every other democracy in the world — that system pertains.
Oligarchs and non-oligarchs must play by the same rules. They have to pay their taxes, settle their disputes in court — not by bullying judges. That’s basic. That’s how nations succeed in the 21st century.
Corruption siphons away resources from the people. It blunts the economic growth, and it affronts the human dignity. We know that. You know that. The Ukrainian people know that. When Russia seeks to use corruption as a tool of coercion, reform isn’t just good governance, it’s self-preservation. It’s in the national security interest of the nation ….
The United States is with you in this fight…We’ve stepped up with official assistance to help backstop the Ukrainian economy. We’ve rallied the international community to commit a total of $25 billion in bilateral and multilateral financing to support Ukraine. It includes $2 billion in U.S. loan guarantees and the possibility of more.
Yesterday I announced almost $190 million in new American assistance to help Ukraine fight corruption, strengthen the rule of law, implement critical reform, bolster civil society, advance energy security. That brings our total of direct aid to almost $760 million in direct assistance, in addition to loan guarantees since this crisis broke out. And that is not the end of what we’re prepared to do if you keep moving.
But for Ukraine to continue to make progress and to keep the support of the international community you have to do more, as well. The big part of moving forward with your IMF program — it requires difficult reforms.”
Jan. 21, 2016 – Vice President Biden meets with Ukrainian President Poroshenko and discusses “the need to continue to move forward on Ukraine’s anti-corruption agenda,” according to a readout on the website of the U.S. Embassy in Kyiv.
Feb. 11, 2016 – Vice President Biden speaks with Poroshenko by phone. A U.S. Embassy statement said the two agreed “that it is essential for Ukraine to continue to take action to root out corruption and implement reforms.”
Biden later boasts about the pressure he exerted on Ukraine during that time to address corruption. In a Jan. 23, 2018, Q&A following a speech at the Council on Foreign Relations (CFR) in Washington, Biden touts his tough stance with Ukraine in 2016. He says he told Ukrainian leaders that the U.S. would withhold $1 billion in loan guarantees unless they fired Prosecutor General Shokin.
President Trump and Rudy Giuliani have cited that boast repeatedly as proof that Biden admitted pushing for Shokin’s firing, even though Biden was calling for the prosecutor to be fired because he wasn’t pursuing corruption cases vigorously enough.
In the CFR appearance, Biden makes the comments in the context of expressing his concern that Ukraine still was not getting tough enough on corruption. “I looked at them and said: I’m leaving in six hours. If the prosecutor is not fired, you’re not getting the money. Well, son of a bitch. (Laughter.) He got fired. And they put in place someone who was solid at the time.” Biden continued, “So they made some genuine substantial changes institutionally and with people. But … there’s now some backsliding.”
“The United States and other Western nations had for months called for the ousting of Mr. Shokin, who was widely criticized for turning a blind eye to corrupt practice,” the New York Times reported at the time.
Steven Pifer is a career foreign service officer who was ambassador to Ukraine under President Bill Clinton and deputy assistant secretary of state for European and Eurasian Affairs under President George W. Bush. He told PolitiFact that “virtually everyone” he knew in the U.S. government “felt that Shokin was not doing his job and should be fired. As far as I can recall, they all concurred with the vice president telling Poroshenko that the U.S. government would not extend the $1 billion loan guarantee to Ukraine until Shokin was removed from office.”
Note: Investigation of Burisma laid dormant at the time
Vitaliy Kasko, a former deputy prosecutor general who had worked under Shokin and resigned in frustration at his stymying of corruption investigations, told Bloomberg News (in a May 2019 interview) that the office’s probe into Burisma Holdings had been long dormant by the time Joe Biden issued his ultimatum in 2016. “There was no pressure from anyone from the U.S. to close cases against” Burisma owner Zlochevskiy, Bloomberg quoted Kasko as saying. “It was shelved by Ukrainian prosecutors in 2014 and through 2015,” Kasko said.
“Shokin was not investigating. He didn’t want to investigate Burisma,” Daria Kaleniuk a leading Ukrainian anti-corruption advocate, told the Washington Post. “And Shokin was fired not because he wanted to do that investigation, but quite to the contrary, because he failed that investigation.”
Feb. 16, 2016 – Prosecutor General Viktor Shokin resigns, then returns to office before finally being ousted
Ukrainian news media report on Feb. 16 that Viktor Shokin resigned as Prosecutor General after months of intense criticism for failing to adequately pursue any major corruption cases. But wait … despite President Poroshenko’s public call that day that Shokin resign and the apparent submission of a resignation letter on Feb. 19, media cited a prosecutor in Shokin’s office on March 16 saying the chief prosecutor was back after a “long leave.” Finally, on March 29, the Parliament voted overwhelmingly to approve Poroshenko’s recommendation to dismiss Shokin.
The European Union issued a statement hailing his departure. The respected English-language Kyiv Post writes, “By the end of his term, he was likely one of the most unpopular figures in Ukraine, having earned a bad reputation for inaction and obstructing top cases.” The paper also says it “wasn’t able to find any public comments that Shokin made about [Burisma] during his 14 months in office.”
Feb. 18 and 19, 2016 – Vice President Biden speaks by phone with Ukrainian President Poroshenko. The Feb. 19 U.S. Embassy statement says Biden again urged the Ukrainian leader to “to accelerate Ukraine’s efforts to fight corruption, strengthen justice and the rule of law, and fulfill its IMF requirements.”
April 14, 2016 – Vice President Biden speaks with Ukrainian President Poroshenko by phone, emphasizing “the urgency of putting in place a new Prosecutor General who would bolster the agency’s anti-corruption efforts and strongly support the work of its reformers.” Biden does the same in a call the same day with newly elected Prime Minister Volodymyr Groysman.
Aug. 14, 2016 – Evidence surfaces of payments to Paul Manafort
Paul Manafort by this time was Trump’s campaign chairman, and the evidence appeared to show off-the-books payments by the discredited, pro-Russian former Ukrainian President Yanukovych when Manafort served as his political consultant. The payments were recorded in a “black ledger” of Yanukovych’s political party that was turned over to Ukraine’s National Anti-Corruption Bureau (NABU). On Aug. 19, 2016, days after the New York Times reported the story, Serhiy Leshchenko, a member of Ukraine’s Parliament who had been swept into office with the 2014 revolution, holds a news conference to discuss the ledger and criticize the payments to Manafort.
Rudy Giuliani has cited the revelations as evidence that certain Ukrainians, supported by the Obama administration at the time, were colluding with Hillary Clinton’s campaign to reveal information tainting Manafort and, by association, Trump, in order to influence the election. Giuliani in May 2019 accused Leshchenko personally on Fox News of colluding with Democrats.
Sept. 2016 – Case against Burisma closed
In a 2017 Q&A on the Burisma website, Zlochevskiy’s American lawyer, John Buretta, a former U.S. deputy assistant attorney general, says that a court in Kyiv ordered a case closed in September 2016 because no evidence of wrongdoing had been presented.
June 8, 2017 – Giuliani meets with Ukrainian leaders
Giuliani, who has had business of his own in Ukraine in the past, meets with President Petro Poroshenko and Prosecutor General Lutsenko, among other officials, during a visit to Kyiv, hosted by the foundation of billionaire Ukrainian metals magnate Victor Pinchuk, for a lecture on democracy and the rule of law. The meetings are cited in the joint U.S. House committee investigation launched later in September 2019 (see below) into Trump and Giuliani’s efforts to pressure Ukraine.
July 25, 2017 – President Trump issues a public call for an investigation of the 2016 Manafort revelations in Ukraine
Trump tweets a reference to what he calls “Ukrainian efforts to sabotage Trump campaign — `quietly working to boost Clinton.’ So where is the investigation A.G.,” he writes, referencing then-Attorney General Jeff Sessions and tagging Fox News host Sean Hannity. The tweet was referenced in Special Counsel Robert Mueller’s report on possible obstruction of justice by the U.S. president to block the investigation into Trump campaign collusion with Russia’s 2016 election interference. It also is cited in the September 2019 joint U.S. House committee letter (see below) on the investigation into Trump and Giuliani’s pressure campaign against Ukraine.
Late 2018 — Two Soviet-born Florida businessmen, Lev Parnas and Igor Fruman, arrange a Skype call between Giuliani and Shokin, according to an investigation by the nonprofit Organized Crime and Corruption Reporting Project (OCCRP) published in BuzzFeed News. The two businessmen also connect Giuliani with then-Prosecutor General Lutsenko. Giuliani invites Lutsenko to his office in New York, a meeting they arrange for January.
January 2019 — Giuliani and Lutsenko meet in New York over the space of two days. They discuss “the Ukrainian political situation and the fight against corruption,” Bloomberg News reports, paraphrasing Lutsenko. “Giuliani asked him about investigations into the owner of Burisma, Mykola Zlochevsky, as well as whether the U.S. Ambassador to Ukraine, Marie Yovanovitch, was `not loyal to President Trump,’” the article says.
Mid-February 2019 — Giuliani meets with Lutsenko again in Warsaw, according to the OCCRP/BuzzFeed report.
March 20, 2019 – The Hill’s conservative opinion writer John Solomon publishes an interview with Ukrainian Prosecutor General Lutsenko, who by this point has been widely criticized as ineffective and likely corrupt.
Note: Solomon and Fox News’s Sean Hannity are among a constellation of conservative media figures who regularly help spread Trump and Giuliani’s Biden and Manafort theories as well as other right-wing conspiracy theories, such as Uranium One, which have been debunked and shown to exclude vital information. Solomon was moved to the opinion section at The Hill, and announced Sept. 18, 2019, that he was leaving the publication.
The full video wasn’t available at this publication, but the text accompanying it says Lutsenko alleged that U.S. Ambassador to Ukraine Marie Yovanovitch, who took office in August 2016, gave him a “do not prosecute” list at their first meeting. The State Department says the claim was “an outright fabrication.” The article says Lutsenko was examining Ukrainian civil society activists who he suspected were misusing U.S. aid funding they had received, but he says Yovanovitch told him the U.S. Embassy is confident the funding was secure.
Lutsenko also reportedly says he would investigate the head of NABU for the 2016 Manafort disclosure. Ukraine expert Melinda Haring of the Atlantic Council says Lutsenko is “woefully unqualified (he doesn’t have a law degree), has dragged his feet on every serious anti-corruption case since being installed, and protected his friends, including Poroshenko.” She continues, “Sean Hannity made Solomon the star of his prime-time show that evening. Trump watches Hannity, reportedly speaks with him multiple times daily, and tweeted the title of Solomon’s story. More than 25,000 retweets later, the Ukrainian collusion narrative went viral.”
March 24, 2019 – Donald Trump Jr. tweets criticism of U.S. Ambassador to Ukraine Yovanovitch, calling her a “joker” and linking to a conservative media outlet’s article about calls for her ouster. The two incidents are part of a pattern of conservative attacks against the ambassador. Within less than two months, Yovanovitch is recalled to Washington.
March 31, 2019 — First round of Ukraine’s presidential election, which results in runoff between Zelenskyy and Poroshenko scheduled for April 21.
April 1, 2019 – The Hill newspaper publishes another article online by the same conservative investigative columnist John Solomon that advances the Trump-Giuliani story about Biden. (See entry on March 20 about Solomon and conspiracy theories.) The article reports that Shokin had said in written answers to questions that he had planned an investigation of Burisma before he was fired, including questioning all executive board members. The article says Lutsenko, Shokin’s successor, and “a case file” indicate that the Prosecutor General’s Office had handled three cases related to Burisma, and that the “most prominent” case was transferred to the National Anti-Corruption Bureau of Ukraine (NABU), which Solomon describes suggestively as “closely aligned with the U.S. Embassy in Kiev,” even though it had long been public knowledge that Western supporters of Ukraine and Ukrainian anti-corruption activists strongly backed the bureau. The article says NABU closed that case.
April 2019 – Hunter Biden leaves the board of Burisma Holdings, as his father announces his candidacy for the Democratic presidential nomination.
April 21, 2019 – New Ukrainian President elected on anti-corruption agenda
Volodymyr Zelenskyy is elected president of Ukraine, to succeed Petro Poroshenko. He ran on a “zero tolerance” anti-corruption agenda.
April 21, 2019 – First Trump-Zelenskyy Phone Call
President Trump calls to congratulate him, their first known direct communication. Trump “urged Mr. Zelensky to coordinate with Mr. Giuliani and to pursue investigations of ‘corruption,’” the New York Times reports (on Sept. 25, 2019).
April 25, 2019 – Joe Biden formally announces campaign for President.
April 25, 2019 – President Trump tells Fox News’s Sean Hannity that Attorney General Bill Barr is considering allegations that Ukrainians sought to help Hillary Clinton’s 2016 presidential campaign by revealing damaging information about Paul Manafort. “I would imagine [Barr] would want to see this. … I would certainly defer to the attorney general, and we’ll see what he says about it,” Trump said. “He calls ’em straight” (transcript). Fox News reports that “Trump echoed his personal attorney Rudy Giuliani, who wrote on Twitter on Wednesday [April 24]: `Keep your eye on Ukraine.’”
On or about April 29, 2019 — “U.S. officials with direct knowledge of the situation” told the whistleblower that U.S. Ambassador Yovanovitch was being “suddenly recalled” to Washington for “consultations” and “would most likely be removed from her position.” The State Department announced on May 6 that she would be ending her assignment. They said it was “as planned,” but in fact, her assignment had been curtailed because of Lutsenko’s allegations. Giuliani told a Ukrainian journalist in an interview published May 14 that Yovanovitch was “removed…because she was part of the efforts against the President,” the whistleblower wrote.
Around the same time, the whistleblower writes that he “learned from a U.S. official that `associates’ of Mr. Giuliani were trying to make contact with the incoming Zelenskyy team.” He didn’t know whether the associates were the same two businessmen (Parnas and Fruman (see entry under “late 2018”) who connected Giuliani with Shokin and Lutsenko.
May 1, 2019 — Attorney General William Barr stumbles and appears to try to avoid answering U.S. Senator Kamala Harris during a Senate Judiciary Committee hearing when she asks, “Has the President or anyone at the White House ever asked or suggested that you open an investigation of anyone?” He finally states in his answer, “I don’t know.”
May 9, 2019 – Giuliani plans trip to Kyiv as part of pressure campaign
Giuliani tells the New York Times he plans to travel to Kyiv and meet with President-elect Zelenskyy to urge him to investigate the Bidens as well as Ukrainians who might have worked with Hillary Clinton’s campaign to reveal the Manafort information. “We’re not meddling in an election, we’re meddling in an investigation, which we have a right to do,” Giuliani tells the newspaper. “There’s nothing illegal about it,” he said. “Somebody could say it’s improper.”
The newspaper notes the trip is “part of a months-long effort by the former New York mayor and a small group of Trump allies working to build interest in the Ukrainian inquiries. Their motivation is to try to discredit the special counsel’s investigation; undermine the case against Paul Manafort, Mr. Trump’s imprisoned former campaign chairman; and potentially to damage Mr. Biden, the early front-runner for the 2020 Democratic presidential nomination.” The news ignites a firestorm of bipartisan condemnation that Giuliani is improperly seeking the help of a foreign government to benefit Trump’s re-election campaign.
In a later editorial for the Washington Post (on Sept. 21, 2019), former Ukrainian anti-corruption activist and member of Parliament Serhiy Leshchenko writes:
“Giuliani attempted to visit Ukraine in May 2019 with the express purpose of involving Zelensky [cq] in this process. His aim was quite clear: He was planning to ask Zelensky to intervene in an American election on the side of Trump.
I had been helping Zelenksy’s team since January
As a person who has had direct experience of many of these events, I express my readiness to testify to the U.S. Congress about what has been happening for the past six months.”
May 9, 2019 – Giuliani, in an interview with Fox News, raises his theory of Ukrainian collusion with Hillary Clinton’s campaign in 2016 to smear Trump with Manafort payments allegations. Giuliani says he received such information “about three or four months ago.” Giuliani also discusses his theory about the Bidens in Ukraine, and he tries to implicate the U.S. Embassy in both.
May 10, 2019 – President Trump says in an interview with Politico, “Certainly it would be an appropriate thing” for him to ask Attorney General Barr to open an investigation on Biden. “I have not spoken to him about it. Would I speak to him about it? I haven’t thought of that,” he adds. Trump says he sees Biden as the clear front-runner in the Democratic race and likens it to his own surge toward the Republican nomination in 2016. He also says he will speak with Giuliani about the former mayor’s planned trip to Ukraine and that they hadn’t discussed it “at any great length.”
May 11, 2019 – Giuliani cancels trip to Ukraine
Giuliani tells Fox News he called off his trip to Ukraine because he believes he would be “walking into a group of people that are enemies of the president, and in some cases, enemies of the United States,” a particularly harsh reference that sounds like it is meant for Ukrainian anti-corruption reformers who are rejecting his and Trump’s conspiracy theories. The decision follows bipartisan backlash in the United States over Giuliani’s seeking foreign support for Trump’s re-election (see May 2 above).
Former Ukrainian member of Parliament Serhiy Leshchenko and former U.S. Ambassador to Ukraine John Herbst say Zelenskyy actually had declined Giuliani’s request for a meeting, which could explain Giuliani’s tone of rejection. Herbst commented, “My understanding is that the president-elect’s party and his group said that the President-elect [Zelenskyy] sees no reason to have a meeting about an issue which is so transparently an American domestic political issue.”
On or about May 14, 2019 — President Trump instructs Vice President Mike Pence “to cancel his planned trip to Ukraine to attend President Zelenskyy’s inauguration. Secretary of Energy Rick Perry led the U.S. delegation instead,” writes the whistleblower, who cites unnamed “U.S. officials.” “According to these officials, it was also `made clear’ to them that the President did not want to meet with Mr. Zelenskyy until he saw how Zelenskyy `chose to act,’” the whistleblower wrote.
May 14, 2019 – Ukraine’s Prosecutor General Lutsenko tells Bloomberg News that he has “no evidence of wrongdoing” by either of the Bidens and that neither Hunter Biden nor Burisma were the focus of any current investigation. He said he planned to give U.S. authorities information about Burisma board payments, so that the U.S. could check whether Hunter Biden had paid taxes on his income, though there were no restrictions in Ukraine on how much a company could pay to its board members.
May 20-24, 2019 – Zelenskyy is inaugurated as president, taking over from Poroshenko. Shortly afterwards, the whistleblower writes, “it was publicly reported that Mr. Giuliani met with two other Ukrainian officials: Ukraine’s Special Anticorruption Prosecutor, Mr. Nazar Kholodnytskyy, and a former Ukrainian diplomat named Andriy Telizhenko.” (Public reports of these meetings included Ukrainian and US media outlets.) Both, the whistleblower continues, “are allies of Mr. Lutsenko and made similar allegations” in a series of articles in The Hill. The two businessmen Parnas and Fruman who connected Giuliani with Shokin and Lutsenko (see entry for “late 2018”) reportedly join the meeting with Giuliani and Kholodnytskyy in Paris.
Mid May to early July – According to the whistleblower’s complaint, in this period, “multiple U.S. officials told me that the Ukrainian leadership was led to believe that a meeting or phone call between the President and President Zelenskyy would depend on whether Zelenskyy showed willingness to ‘play ball’ on the issues that had been publicly aired by Mr. Lutsenko and Mr. Giuliani.”
June 11, 2019 – Zelenskyy sends a motion to Parliament asking that it dismiss sitting Prosecutor General Lutsenko.
June 13, 2019 –– President Trump says he would accept dirt on his political rivals from a foreign government, a statement noted by the whistleblower, whose complaint references the relevant interview of the president with ABC News’s George Stephanopoulos.
June 21, 2019 — Giuliani tweets, “New Pres of Ukraine still silent on investigation of Ukrainian interference in 2016 election and alleged Biden bribery of Pres Poroshenko. Time for leadership and investigate both if you want to purge how Ukraine was abused by Hillary and Obama people.”
Early to mid-July – Trump orders suspension and review of U.S. aid to Ukraine
President Trump tells his acting chief of staff, Mick Mulvaney, to hold back almost $400 million in aid to Ukraine at least a week before his phone call with Ukraine’s President Zelenskyy, the Washington Post reports. The decision was communicated by OMB to State and Defense department officials on July 18. The Post includes details of internal processes, including that “besides Bolton, several other administration officials said they did not know why the aid was being canceled or why a meeting was not being scheduled.”
About July 19, 2019 — Andriy Yermak, a top aide to Zelenskyy, reportedly requests assistance from the State Department’s special representative for Ukraine negotiations, Kurt Volker, to be put in touch with Giuliani. On July 19, Volker sends a text message to Giuliani saying, “Mr. Mayor—really enjoyed breakfast this morning. As discussed, connecting you here with Andrey Yermak, who is very close to President Zelensky.”
Yermak speaks with Giuliani for the first time by phone. They discuss the Trump-Giuliani demands for investigations and the new Ukrainian leader’s desire for a White House meeting to affirm continued U.S. support for Ukraine. “Mr. Giuliani in television appearances over the summer had repeatedly singled out Ukraine over corruption, putting pressure on Mr. Zelensky’s new administration. Yermak called Mr. Giuliani to ask him to tone it down, according to a person familiar with the call. Mr. Giuliani in response suggested that Ukraine investigate Hunter Biden’s relationship with Burisma,” the Wall Street Journal reports (on Sept. 26).
July 23-26, 2019 — “During interagency meetings on 23 July and 26 July, OMB officials again stated explicitly that the instruction to suspend this assistance had come directly from the President, but they still were unaware of a policy rationale,” the whistleblower wrote.
July 25, 2019 — Trump and Zelenskyy speak by phone for the first time since the call on May 20.
The two presidents have their second conversation. An English-language press release issued by Zelenskyy’s office about the call says:
“Donald Trump is convinced that the new Ukrainian government will be able to quickly improve [the] image of Ukraine, complete investigation of corruption cases, which inhibited the interaction between Ukraine and the USA. He also confirmed continued support of the sovereignty and territorial integrity of Ukraine by the United States and the readiness of the American side to fully contribute to the implementation of a Large-Scale Reform Program in our country.”
The two presidents “agreed to substantively discuss practical issues of Ukrainian-American cooperation during the visit of the Ukrainian head of state to the United States,” the release continued.
Zelenskyy had been hoping for a warm reception from the U.S. president and a White House meeting as an important signal to affirm continued American support for Ukraine’s war against Russian forces controlling the country’s east and for comprehensive reform and economic development efforts. Ukraine advocates in the U.S. also had thought a White House invitation would be forthcoming any day, but it was never scheduled.
An intelligence community whistleblower complaint revealed in September that reportedly involves the Trump-Zelenskyy July 25 call prompts a flurry of revelations about the conversation until the declassification of a transcript of the call.
Before the release of the transcript, Trump admits he discussed Biden on the call (see Sept. 22 below) and says U.S. funding for Ukraine is at stake (see Sept. 22-23 below).
July 26, 2019 — U.S. Special Representative for Ukraine Negotiations Kurt Volker meets with Zelenskyy in Kyiv.
Volker was accompanied by U.S. Ambassador to the European Union Gordon Sondland. The two advised the Ukrainian leader on “how to `navigate’ the demands that the President had made of Mr. Zelenskyy,” according to the whistleblower’s complaint.
July 28, 2019 – Director of National Intelligence Dan Coats submits his resignation, effective Aug. 15. One of President Trump’s longest-serving Cabinet members, Coats also stirred his boss’s ire at times with his policy disagreements and lukewarm endorsements of the President’s positions.
July 31, 2019 – Giuliani meets in New York with Kyiv Mayor Vitali Klitschko, who is in a power struggle with Zelenskyy over a second title he holds as head of the city’s administration. Giuliani and Klitschko have known each other for years – the former Ukrainian boxing champion hired the former New York mayor as a consultant on his Kyiv mayoral campaign in 2008. On Sept. 4, Zelenskyy stripped Klitschko of the head of administration post, apparently in a move to restore checks-and-balances in the capital.
On or about Aug. 2, 2019 – Giuliani meets in Madrid with Andriy Yermak, a top aide to Zelenskyy.
Having been rebuffed in June for a meeting in Kyiv with Zelenskyy personally, Giuliani flies to Madrid to press the new Ukrainian president’s aide, Yermak, for an investigation of the Bidens as well as a probe of the allegation that Ukrainians conspired with Hillary Clinton’s campaign in 2016 to release damaging information about Paul Manafort. The Madrid meeting was a “`direct followup’” to the July 25 Trump-Zelenskyy phone call and specifically to their discussion of the cases the U.S. president raised in that conversation, according to the whistleblower’s complaint. From Madrid, Giuliani resurfaces his allegations against the Bidens in a tweet on Aug. 3.
Giuliani has said Yermak seemed open to considering the investigations, but also pressed for a Trump-Zelenskyy meeting as a sign of continued U.S. support to Ukraine in its war against Russia and its economic development and internal reform efforts. “I talked to him about the whole package,” Giuliani told the Washington Post. The Post reported that “U.S. officials and members of the Trump administration wanted the meeting [between the two Presidents] to go ahead, but Trump personally rejected efforts to set it up, according to three people familiar with the discussions.”
Aug. 12, 2019 – A whistleblower files a complaint to Intelligence Community Inspector General (ICIG) Michael Atkinson related to an alleged “urgent concern” that news reports later reveal likely centers on activities involving President Trump and Ukraine. The ICIG determines the complaint meets the definition of an “urgent concern” and is credible, and forwards it on Aug. 26 to Acting Director of National Intelligence (DNI) Joseph Maguire, who under the law was required to transmit the complaint to the congressional intelligence committees within seven days. The Justice Department, however, takes the position that the statute does not apply on the ground that the complaint does not involve “an intelligence activity within the responsibility and authority of the Director of National Intelligence.” The complaint remains under wraps until House Intelligence Committee Chairman reveals its existence on Sept. 13 (see below).
Aug. 15, 2019 – DNI Coats leaves office. Principal Deputy Director Sue Gordon resigns too, after it became clear that Trump would not select her to succeed Coats.
Aug. 26, 2019 – The Inspector General forwards the intelligence community whistleblower complaint to Acting DNI Maguire.
Aug. 28, 2019 – Then-U.S. National Security Advisor John Bolton becomes the first high-level Trump administration official to visit Kyiv since President Zelenskyy’s inauguration. Bolton says the two discussed a possible meeting between the two presidents during a trip Trump planned at the time to Poland.
Aug. 28, 2019 – Politico breaks the news that President Trump was delaying the distribution of $250 million of fiscal 2019 security assistance that Ukraine needs to fight its war with Russia on its eastern flank, by asking his administration to review how it was being spent. The hold on the aid package at the same time as Trump and Giuliani were agitating publicly for Ukraine to investigate Biden raises the specter that the U.S. president was using congressionally appropriated taxpayer dollars as leverage to coerce a foreign government to investigate his potential rival in the 2020 election. The hold also constitutes a reversal of the Trump administration’s stance toward Ukraine, after having approved lethal defensive weapons sales in 2017, a move the Obama administration had resisted. It is unclear exactly when the review was ordered, but the suspension pending review was in place during the July 25 call. The Department of Defense determined that the support should continue and informed the White House of its recommendation, according to Politico and CNN. National Security Adviser John Bolton also wanted to release the funds to help Ukraine curtail Russian aggression, the Washington Post reports.
Aug. 29, 2019 – Zelenskyy appoints lawyer and former Deputy Minister of Justice Ruslan Riaboshapka as the new prosecutor general, replacing Yuriy Lutsenko, who steps down the same day.
Sept. 2019 – The Wall Street Journal reports, “Ukrainian officials earlier this month expressed concern to U.S. senators that the aid had been held up as a penalty for resisting that pressure.”
Sept. 2, 2019 – Vice President Mike Pence, a day after meeting with the new Ukrainian president, doesn’t directly answer a reporter’s question about whether he can assure Ukrainians that the delay in $250 million of U.S. security assistance for Ukraine is unrelated to President Trump’s and Rudy Giuliani’s pressure on Ukraine to investigate the Bidens.
Sept. 5, 2019 — New Prosecutor General Ruslan Riaboshapka brings Vitaliy Kasko back to the office as First Deputy Prosecutor General, a move that promises to help restore integrity to the office. Kasko is the former deputy of Shokin’s who had quit out of frustration.
Sept. 9, 2019 Inspector General for the Intelligence Community Michael Atkinson informs House Intelligence Committee Chair Adam Schiff and Ranking Member Devin Nunes of the whistleblower complaint’s existence (full text of the Inspector General’s letter)
Sept. 9, 2019 – Three U.S. House committees launch probe into Trump and Giuliani pressure campaign
The House Foreign Affairs, Intelligence and Oversight and Reform committees announce a joint investigation of Trump and Giuliani’s alleged efforts to strongarm Ukraine into pursuing two investigations for the president’s political gain, including by threatening to withhold $250 million in security assistance. The joint press release says public records show the efforts have continued “for nearly two years” and were conducted “under the guise of anti-corruption activity.”
Sept. 11, 2019 – Trump releases the hold on U.S. security assistance to Ukraine
State Department notifies Congress that it will provide Ukraine with $141.5 million of military equipment and other assistance under its “Foreign Military Financing” program that is available for a number of countries. The news emerges the next day, Sept. 12, at the same time that U.S. Senator Lindsey Graham says the administration has released its hold on the separate $250 million of military assistance for Ukraine from the Defense Department under a program known as the Ukraine Security Assistance Initiative. President Trump gave permission to the OMB’s acting director, Russell Vought, to release the funds. The timing of the news on both aid packages leads to speculation that the Trump administration was topping up its bribe/extortion of Ukraine, but the Foreign Military Financing likely had been in the works for months, possibly a year.
Sept. 13, 2019 – Intelligence community whistleblower complaint revealed
House Intelligence Committee Chair Schiff announces that he has issued a subpoena to Acting DNI Maguire to obtain a complaint from a whistleblower filed under the Intelligence Community Whistleblower Protection Act (ICWPA) that, under the law, should have been provided to the congressional intelligence committees. Schiff says he is concerned the complaint is being withheld “to cover up serious misconduct” and “to protect the President or other Administration officials.”
Sept. 17, 2019 – The Inspector General for the Intelligence Community sends letter to House Intelligence Chairman Schiff and Ranking Member Nunes outlining his disagreement with the administration’s decision to withhold the whistleblower’s complaint from the congressional intelligence committees. The Inspector General’s letter states, “the subject matter involved in the complainant’s disclosure not only falls within the DNI’s jurisdiction, but relates to one of the most significant and important of the DNI’s responsibilities to the American people.”
Sept. 18, 2019 – Vice President Pence speaks with Ukrainian President Zelenskyy by phone, discussing a scheduled meeting between the two presidents during the United Nations General Assembly meetings in New York the following week. Pence “commended President Zelenskyy’s administration for its bold action to tackle corruption through legislative reforms, and offered full U.S. support for those efforts,” according to a U.S. Embassy statement.
Sept. 20, 2019 – A senior advisor to Ukraine’s Interior Minister challenges Trump to make official U.S. government request if he wants an investigation of Biden. The adviser, Anton Geraschenko, told The Daily Beast that “currently there is no open investigation.” He adds, “Clearly, Trump is now looking for kompromat to discredit his opponent Biden, to take revenge for his friend Paul Manafort, who is serving seven years in prison.”
Sept. 22, 2019 – After days of insisting there was nothing inappropriate about his telephone call with Zelenskyy, President Trump acknowledges discussing Joe Biden with the Ukrainian leader during their July 25 phone call. “The conversation I had was largely congratulatory, with largely corruption, all of the corruption taking place and largely the fact that we don’t want our people like Vice President Biden and his son creating to the corruption already in the Ukraine,” Mr. Trump told reporters.
Sept. 22 and 23, 2019 – Trump himself connects phone call on Biden to US aid to Ukraine
President Trump, in two sets of remarks to reporters asking about his July 25 phone call with Zelenskyy, appears to confirm a connection between U.S. financial assistance for Ukraine and his pressure for the country’s leaders to pursue the investigations he wants.
On Sept. 22 Trump says, “Certainly I’d have every right to [raise Biden with the Ukrainian President] if there’s corruption and we are paying lots of money to a country.”
Trump has repeatedly referred to what he falsely claims the Bidens to have done as “corruption.” “It’s very important to talk about corruption,” Trump tells the reporters on Sept. 23. “If you don’t talk about corruption, why would you give money to a country that you think is corrupt?…It’s very important that on occasion you speak to somebody about corruption.”
Sept. 23, 2019 – The chairmen of the three House committees conducting the joint investigation into Trump and Giuliani’s efforts to pressure the Ukrainian government write Secretary of State Pompeo demanding he turn over the documents the committees had requested on Sept. 9. The letter characterizes Trump’s actions as “seeking to enlist a foreign actor to interfere with an American election,” and says, “if press reports are accurate, such corrupt use of presidential power for the President’s personal political interest – and not for the national interest – is a betrayal of the President’s oath of office and cannot go unchecked.” The chairmen note the earlier deadline of Sept. 16 to produce the material had passed and give a new deadline of Sept. 26 to notify the committees whether the State Department intends to comply.
Sept. 25, 2019 – Trump and Zelenskyy are scheduled to meet for the first time
The two presidents are scheduled to meet on the sidelines of the opening sessions of the United Nations General Assembly in New York. The meeting between the presidents has been delayed since the Ukrainians began requesting it in early summer, and still doesn’t equate to an invitation for a formal meeting at the White House that Zelenskyy has sought as an important signal of continued U.S. support for Ukraine’s war against Russia and its battle against corruption.
SO IN CONCLUSION TO ALL OF THE ABOVE INFORMATION
- Donald Trump and Rudy Giuliani again went and asked a foreign government to interfere in our elections, knowing this was against the law.
- Trump withheld financial, military and security funds and equipment to our ally the Ukraine, that was already approved by Congress. He states it was because of corruption, but we all know better.
- Trump then used this to hang over the head of the President of the Ukraine as a tool to get him to conduct an illegal investigation against Joe Biden, his political opponent and to find out who ratted out his criminal conspirator Manafort. This would have been used to his political advantage in smear campaigns to further his chances of getting re-elected.
- Trump even admits he made this phone call.
- Giuliani has been doing the same in aiding him in furtherance of this.
- Attorney General William Barr is a co-conspirator in covering up these crimes and protecting this criminal and treasonous president.
- Trump has also threatened the whistleblower and the people who gave the information to the whistleblower, which is intimidation of witnesses, and obstruction of justice.
TREASONOUS ACTS BY TRUMP:
- Traitor Trump withheld the funds, approved by Congress for the Ukraine to fight against Putin and Russian invasion and proxy war to hold over the head of the President of the Ukraine as a stick to get him to investigate Biden, Biden Jr and find out who leaked the info about Manafort.
- Trump has stalled the release of weapons, ammo, secure communications to the Ukraine.
- Trump did all this to hold over the President of the Ukraine to do his bidding in investigating Biden and the Manafort deal.
- In doing so? Trump gave aid and comfort to our enemy Putin and Russia. By denying the Ukranians the funds and weapons and ammo and communications they need to fight Russia? He has in fact? Given aid and comfort to our enemy Putin and Russia.
- Giving aid and comfort to our enemy? Is called Treason.
- The penalty for Treason is death.
- Traitor Trump even stated in his threat against the whistleblower and those who gave them the information? Were spies and traitors and he wishes that we could do to traitors what we used to do to them.
- Trump is a traitor and I agree, we should do to Traitors what we used to do to them.
- Trump and Giuliani should be arrested and prosecuted for Treason against the United States. Their actions sure prove this.
- Attorney General William Barr at the very least? Should be impeached. At the most? He should be charged with crimes of this cover up, obstruction of justice and being an accessory to the crime of High Treason against the United States.
- Any of Trump’s circle who had a hand in this, or in the cover up? Should be arrested and prosecuted.
- ANYONE WHO STANDS UP AND DEFENDS THESE ACTIONS? SHOULD BE PUT IN PRISON BECAUSE THEY BELIEVE THAT TREASON AGAINST THE US? IS ALRIGHT.