Category: Impeachment

Week 141 in Trump – Impeachment News

Posted on October 9, 2019 in Impeachment, Trump

As more and more information comes out this week about how U.S. officials worked with Ukraine to help them acquiesce to Trump’s conditions, support for impeachment inquiries continues to grow. This week, we got a glimpse of the text messages being sent among our diplomats in Ukraine, plus a second whistleblower is in the wings. And Democratic Representatives have been at home talking to their constituents about impeachment concerns.

So here’s what happened on the impeachment front for the week ending October 5…

General Happenings:

  1. Intelligence Inspector General Michael Atkinson testifies privately before Congress about his reasoning for finding the whistleblower complaint credible and urgent. Atkinson did his own investigation upon receiving the complaint.
  2. When it comes out that the whistleblower contacted House Intelligence Committee staff members to find out how to proceed, Trump accuses Chair Adam Schiff of orchestrating the complaint, even of helping the whistleblower to write the complaint.
    • The whistleblower came to the committee after he filed his complaint with the CIA general counsel because he was concerned it wasn’t being handled.
    • The CIA lawyer’s intent was to make a criminal referral to the DOJ, indicating she thought a potential crime was reported. The DOJ says they weren’t sure whether it was a criminal referral.
  1. Trump continues to lash out at the whistleblower and Democratic leadership throughout the week. He thinks he should be able to meet with the whistleblower. He thinks Schiff should be tried for treason for running impeachment inquiries (or maybe it’s because Schiff paraphrased Trump’s conversation with Ukraine President Zelensky in a hearing).
    • Just a reminder that the whistleblower is now under federal protection over fears for his safety.
  1. Trump repeats a conspiracy theory that the intelligence community recently eliminated a requirement that whistleblower information be firsthand. The office of the intelligence community inspector general denies there ever was such a requirement.
    • But that doesn’t matter anymore, because a second whistleblower with firsthand knowledge of the call is in negotiations to come forward.
  1. Mitch McConnell reiterates that if the House passes articles of impeachment, the Senate has no choice but to hold the trial.
  2. Even GOP lawmakers criticize Trump for retweeting a pastor who says that if Trump is removed from office, it will “cause a Civil War like fracture in this Nation…”
  3. The GOP pushes all the conspiracy theories to defend Trump’s actions with Ukraine. So now Hillary’s missing emails are all mixed up with a missing DNC server (that’s not missing) and CrowdStrike being a Ukraine organization (that’s actually a U.S. company) and the Biden’s apparent conflict of interest in Ukraine.
    • These are sticking with the base, and the corruption and maneuvering by Ukraine officials, past and present, are only muddying the waters.
  1. Three House committees subpoena Rudy Giuliani for documents around his Ukraine dealings. They also request information from three of Giuliani’s business associates.
  2. We learn that Giuliani consulted with an imprisoned Paul Manafort on Ukraine through Manafort’s lawyer.
    • How does Manafort fit into all of this? Manafort lobbied for the pro-Russian former government in Ukraine. His name and payments made to him were included in a “black ledger” that was exposed as part of an anti-corruption campaign. Giuliani’s theory is that the DNC worked with Ukraine officials to release the book to force out Manafort and help Hillary.
    • Because of Giuliani’s conspiracy theory, at least two Senate committees renew their inquiries into whether the DNC and Ukraine coordinated efforts. These efforts are led by Senators Chuck Grassley (Senate Finance Chair) and Ron Johnson (Homeland Security Chair).
    • Manafort is in jail for this, so it’s not like he wasn’t doing anything wrong.
    • Giuliani says the ledger was a pretext to reopen investigations into Manafort, but the FBI had a case open against him before the 2016 campaign.
  1. Trump calls the impeachment inquiries “BULLSHIT,” and then gets into an argument with a reporter during a press conference with the president of Finland. He calls Schiff dishonest, shifty, treasonous. He again calls the press the enemy of the people.
  2. Nancy Pelosi holds a press conference, opening with what the House is doing to lower drug prices, to move the renegotiated NAFTA forward, and to restart infrastructure talks, showing that impeachment inquiries really aren’t taking up all their time.
    • She says it’s a sad time when we have to be impeaching the president.
  1. Jared Kushner will lead the White House’s impeachment strategy.
  2. In 2016, three Republican Senators signed on to a letter backing Joe Biden’s efforts in Ukraine, undercutting Trump’s claims of wrongdoing by Biden. Both Rob Portman (R-Ohio) and Ron Johnson (R-WI) have come out publicly against Trump’s desire to investigate the Bidens over Ukraine, saying Shokin needed to be ousted. Trump calls Shokin a “good guy.” Johnson later backtracks.
  3. It’s possible Trump broke election laws with his call with Ukraine, but the FEC has so many empty positions that they don’t have a quorum to enforce the law. Normally, the backup would be the DOJ, but Barr won’t prosecute.
  4. Former and current officials say that Trump’s calls with foreign leaders have always been fraught with anxiety over what he’d say and horror with what he actually did say. These calls typically take weeks of preparation, and experts guide presidents as to what the other leader might say and how to best respond. But Trump improvs everything, including these calls, leading to embarrassments, scrapping weeks of work on an issue, and conflicts with U.S. foreign policy.
  5. The whistleblower’s attorney, Mark Zaid, says he’s representing multiple whistleblowers at this time. At least one more whistleblower has come forward that we know of, and this one has firsthand knowledge of the call.
  6. A district judge orders the White House to retain all records of Trump’s phone calls with foreign leaders and to maintain records of efforts to hide that information. This stems from a lawsuit filed in May by activist groups and agencies focused on ethics and maintaining national records.
  7. State Department staff say the Ukraine scandal has opened a rift between apolitical career diplomats and political appointees who want to investigate the conspiracy theories.
  8. In the middle of all of this, Trump still publicly calls for Ukraine to investigate the Bidens, and for China to do the same. He even asked China on a phone call, defeating the GOP’s efforts to dismiss that as a joke.
    • The China request originated from a multi-million-dollar deal that happened on a trip Hunter and Joe Biden took together—Hunter for business and Joe for government work. Trump says it was a $1.5 trillion deal and hasn’t provided any evidence of wrongdoing.

Who Else Is Involved:

  1. House committees subpoena acting Chief of Staff/OMB Director Mick Mulvaney for documents relating to Ukraine.
  2. It turns out that Attorney General William Barr is in this up to his nuts.
    • Not only did Trump tell Zelensky to talk to Barr about investigating the Bidens and CrowdStrike, but Barr asked Trump to call Australian Prime Minister Scott Morrison to help out with the DOJ’s review of FBI and CIA actions in 2016.
    • Trump made the call to Morrison and restricted access to the transcript of that call, just like with the Ukraine call transcript.
    • Morrison says Australia is always happy to shed light on investigations, but defends the Australian ambassador who alerted U.S. intelligence to George Papadopoulos’s drunken confession that he was working with Russia to get dirt on Hillary.
    • Barr has also traveled to Italy to meet with Italian and British officials to discuss the review and secure cooperation.
    • And yet Barr didn’t recuse himself from the decision not to follow up on the whistleblower complaint.
  1. Just a reminder that the DOJ already has two legitimate efforts going on to review the investigations into the 2016 elections:
    • DOJ Inspector General Michael Horowitz is analyzing FBI and DOJ activity around Russian election interference and the FISA warrant approving the surveillance of Trump campaign adviser Carter Page. That report is expected within weeks.
    • John Durham, the U.S. attorney in Connecticut, is looking more broadly at intelligence activities around the election both abroad and here at home. This could take years to complete.
  1. After denying it for a week, Mike Pompeo says he took part in the Trump’s phone call with Zelensky. He only admits it after Giuliani outs him on national TV.
    • Pompeo had also argued against the White House releasing the excerpt of the call with Ukraine.
    • House committees subpoena him for records of the call.
    • Pompeo says he won’t let his subpoenaed employees talk to Congress. He says he’s protecting them from being bullied by Congress. What a whiner. Two of them say they’ll testify anyway, and committee heads accuse Pompeo of illegal obstruction.
    • Of note, both Barr’s and Pompeo’s predecessors’ relationships with Trump soured after they refused to carry out illegal requests by Trump.
    • Ironically, Pompeo was one of the loudest complainers that the Obama administration was “deeply obstructive.”
  1. Steve Mnuchin was also aware of Trump’s conversation with Zelensky and urged the White House not to release the excerpt of the call.
  2. Senator Lindsey Graham sent letters to the Prime Ministers of Australia, Great Britain, and Italy urging them to cooperate with Barr’s investigation. Here’s why those countries specifically:
    • Italy: Professor Joseph Mifsud, who offered George Papadopoulos dirt from the Russians on Hillary, is Italian. Everyone’s looking for him.
    • Australia: Papadopoulos spilled the tea about Mifsud to an Australian diplomat who then alerted U.S. intelligence, getting this whole ball rolling.
    • Great Britain: Christopher Steele, author of the Steele Dossier, was a British agent.
  1. State Department Inspector General Steve Linick requests an urgent meeting with House committees.
    • He turns over an envelope of documents sent from Giuliani to the State Department, full of mostly debunked conspiracy theories generated by the far-right and spread by far-right media outlets about the Bidens and the former ambassador to Ukraine.
    • Pompeo told Giuliani he’d investigate them.
  1. Trump throws Energy Secretary Rick Perry under the bus. He says that he didn’t even want to call Zelensky but that Perry urged him to do it. Perry wasn’t discussed in the call that we know of.
  2. The ranking Democrat on the Senate Foreign Relations Committee sends letters to Perry and to Vice President Pence demanding answers by the end of the week about what they knew and what their roles were regarding Ukraine.
    • Perry announces his resignation. Up until now, he’s kept a pretty low profile, but it turns out he’s traveled to Ukraine recently working on energy issues, including making changes to the state-run oil and gas company, Naftogaz. This puts him in the middle of the impeachment inquiry.
    • Pence was involved in Trump’s pressure campaign against Ukraine. Initially, Trump told Pence not to attend Zelensky’s inauguration (Perry went instead). Pence later told Zelensky he had to take more aggressive action against corruption and that U.S. aid was still being withheld. Also, one of Pence’s top advisors was on the Ukraine call, so Pence should’ve had access to the transcript within hours of the call. It’s not clear whether Pence was aware of the conditions Trump was placing on Ukraine, but if he wasn’t, then he wasn’t doing his job.
  1. A little more on Ukraine’s state-run oil and gas company. A group of American businessmen and Republican donors used their ties to Trump and Giuliani to try to install their handpicked management to run Naftogaz so they could steer lucrative contracts their way. The election of a new president, Zelensky, threw a wrench into their plans. But then Rick Perry takes up the mantel and tries to install his own donors in the company. All of this would require multiple global agencies to authorize.

And What About Ukraine?

  1. Super randomly, Ukraine signs an agreement with pro-Russia separatists allowing them to hold local elections in eastern Ukraine.
    • The separatists want special status for self-governance.
    • Ukraine says there won’t be any elections until troops from both sides are withdrawn, and only with international observers allowed in.
    • Russia has refused to participate in peace talks unless the separatists are allowed their own elections. Score one for the aggressors.
    • Hundreds march in Kyiv in protest.
  1. Serhiy Leshchenko, a former member of the Ukrainian Parliament and current advisor to Zelensky says it was well-known that Trump wanted compromising information on the Bidens and that officials knew U.S. aid was contingent on cooperating with that request.
  2. Zelensky says his country can’t be pressured to open investigations. They’re an independent country. He’s being squeezed between the U.S. and Russia and his promises to rout out corruption.
  3. Ukraine’s new chief prosecutor, Russian Ryaboshapka, says he’ll review all previous investigations into Burisma among other. He reiterates that he hasn’t seen any wrongdoing by either Biden.
  4. Also, it’s super hard to get a straight answer about what Burisma’s owner was being investigated for and how the cases were resolved. Here’s hoping the new guy will shed some light here; the previous prosecutors have put out conflicting stories, even contradicting their own stories.

Volker, Text Messages, and the State Department:

  1. Kurt Volker, the former U.S. envoy to Ukraine, testifies privately before Congress and provides text messages showing that senior State Department officials didn’t think Trump would meet with Zelensky unless Zelensky promised to publicly launch investigations. According to the texts:
    • Our officials coordinated with Zelensky’s top aide (Andrey Yermak) and Giuliani to try to leverage that promise to make a summit happen between the two presidents.
    • Ukraine was afraid of looking like a U.S. puppet to the rest of the world.
    • A text from Volker to Yermak includes this: “… assuming President Z convinces Trump he will investigate / ‘get to the bottom of what happened’ in 2016, we can nail down date for visit…” This was just before the infamous phone call, and it’s a pretty explicit quid pro quo.
    • Two weeks after the phone call, there was still no date for a summit and State Department officials let the Ukrainians know that Trump needed a public pledge. So Ukraine agreed to announce that they’ll open the investigations requested by Trump along with a date for the summit.
    • Here’s the text from Yermak: “Once we have a date, will call for a press briefing, announcing upcoming visit and outlining vision for the reboot of US-UKRAINE relationship, including among other things Burisma and election meddling in investigations.”
    • Volker coached Yermak on what the message to use in order to convince Trump. He coached him to include the conspiracy theory about Ukraine involvement in our elections: “Special attention should be paid to the problem of interference in the political processes of the United States especially with the alleged involvement of some Ukrainian politicians. I want to declare that this is unacceptable. We intend to initiate and complete a transparent and unbiased investigation of all available facts and episodes, including those involving Burisma and the 2016 U.S. elections, which in turn will prevent the recurrence of this problem in the future.”
    • Trump really, really wanted the public promise of investigations in order to meet with Zelensky.
    • After Trump skipped a trip to Poland where he was slated to meet with Zelensky, Bill Taylor, the U.S. Charges D’affaires to Ukraine, texted this to Sondland: “Are we now saying that security assistance and WH meeting are conditioned on investigations?”
    • After the call, Taylor texted, “The nightmare is they give the interview and don’t get the security assistance. The Russians love it. (And I quit.)”
    • Taylor told Sondland he’s counting on him to be right, and Sondland replied: “Bill, I never said I was “right”. I said we are where we are and believe we have identified the best pathway forward. Lets hope it works.” To which Taylor replied: “As I said on the phone, I think it’s crazy to withhold security assistance for help with a political campaign.”
    • The president has been crystal clear no quid pro quo’s of any kind,” Sondland replied.
    • It seems Sondland’s concern is getting aid to Ukraine no matter what he has to do to get it. Taylor is more concerned about ethics.
    • Here’s the kicker. A U.S. official says they didn’t use official State Department email for these conversations; they used WhatsApp.
  1. To me, the most important takeaway from the texts is that our ambassadors helped Yermak write a statement that would’ve publicly committed Ukraine to pursuing investigations into far-right conspiracy theories. This was unsuccessful, though, because the statement was never released. Ukraine wanted to make the statement less specific, simply saying they promised to go after corruption.
  2. The texts from Bill Taylor indicate a known quid pro quo. All participants in the text conversations seem to know that a meeting between Zelensky and Trump was contingent on the investigations.
  3. Volker says he warned Giuliani that the sources he was using for information about the Bidens in Ukraine were unreliable. Giuliani’s response? “Yes, I know that.”

Week 140 in Trump

Posted on October 2, 2019 in Impeachment, Legislation, Trump

Just read the damn transcript and claim already! They're short.

If you’re wondering whether your Members of Congress are really informed about what’s going on, you should know that many of them haven’t read the Mueller report yet. They haven’t even read the summaries. They also, obviously haven’t even bothered to read Trump’s 5-page excerpt from his conversation with the Ukraine president (as evidenced by Minority Leader Kevin McCarthy’s interview on 60 Minutes where he didn’t even know that Trump said, “I would like you to do us a favor though.” It’s not even that far down in the conversation. Don’t let your elected officials be that lazy. Make them take this seriously whether you want Trump exonerated or impeached. Call them and write to them and ask them to be informed and do their jobs.

Here’s what happened in politics for the week ending September 29…

Shootings This Week:

I’m putting this section on hold this week. There’s too much else to sort out with the whistleblower complaint.

Legal Fallout:

  1. Research by the Senate Finance Committee’s Democratic staff finds that the NRA facilitated political access for Russians Maria Butina and Alexander Torshin to a greater extent than previously thought. New York and DC attorneys general are also investigating this.
  2. Trump meets with NRA CEO Wayne LaPierre to talk about how the NRA can support Trump financially. LaPierre is working to steer Trump away from universal background check legislation.
  3. A federal judge reverses Bijan Kian’s guilty verdict. Kian was Michael Flynn’s lobbying associate working on Turkish issues and was convicted of acting as a foreign agent and conspiring to hide it.
  4. The Southern District of New York drops their case against Tony Podesta and Vin Weber in connection with lobbying for Ukraine without registering as foreign agents.
  5. A judge says Trump must testify in a case from 2015 over a fight between his security guards and protestors. Protestors say Trump’s security guards assaulted them during a protest in the Bronx where they were protesting Trump’s derogatory comments about immigrants.
  6. And just a reminder, Trump now has two whistleblower complaints against him. The Ukraine one I’ll go into below, but there’s also a complaint that Trump tried to influence the IRS audit of his personal tax returns.
  7. The Manhattan District Attorney agrees to wait to enforce his subpoena to obtain eight years of Trump’s tax returns until after a judge rules on whether to dismiss Trump’s request to block the subpoena.
  8. Trump says he brought up the issue of Hunter Biden to his intermediary on the trade talks with China. He alleges that Hunter got China to put $1.5 billion into an investment fund. The dollar amount is vastly exaggerated—it was in the millions.
  9. The Trump administration intensifies their investigation into Hillary Clinton’s emails, snaring about 130 officials who shared emails with her. The administration is reviewing each email, and in some cases retroactively marking them as classified. The 130 officials received letters saying there are potential security violations from them sharing those emails several years ago. Some of these officials have already retired or moved on to other jobs.

Impeachment/Ukraine:

  1. The background of this story is pretty complex, so I won’t get into it all here. Here are some resources:
  1. In mid-August, the whistleblower made his complaint to Intelligence Community Inspector General Michael Atkinson. When Atkinson realized that whistleblower protocol wasn’t being followed, he alerted the House and Senate Intelligence Committees.
  2. That same day, three House committees opened investigations into whether Trump and Rudy Giuliani acted improperly in pushing Ukraine to investigate Joe and Hunter Biden and CrowdStrike.
  3. The Chairs of the House Intelligence, Oversight, and Foreign Affairs committees send a letter to the White House counsel demanding the White House give them documents about Trump’s conversations with Ukraine president Volodymyr Zelensky.
  4. The Senate unanimously passes a non-binding resolution demanding that Trump release the whistleblower complaint about pressuring Ukraine. No GOP Senators object to the resolution.
  5. After months of slow-walking an official impeachment inquiry, Speaker Nancy Pelosi announces the start of official impeachment inquiries, provoked by the whistleblower complaint. It’s what I like to call an impeachment buffet.
    • She directs the heads of six House committees to proceed with their own inquiries, each focused on a different issue.
    • Democrats debate whether the scope of the impeachment inquiry should focus on the whistleblower complaint about Trump’s dealing with Ukraine or if they should include other potential crimes, like those brought up in the Mueller report, financial transactions, FEC violations, emoluments clause violations, and so on.
  1. Trump and Pelosi have a phone conversation where Trump asks if they can “work something out” about the whistleblower complaint.
  2. Senate Republicans say they’ll quash any articles of impeachment passed by the House, but McConnell has said the Senate will have to hold a trial. As a refresher:
    • The House holds hearings and votes on articles of impeachment.
    • If they pass articles of impeachment, the Senate then holds a trial.
    • If found guilty, Trump would be removed from office (this has never happened, and I can’t imagine it happening here).
    • Otherwise, Trump goes on record has having been impeached by the House but can stay in office.
  1. At least a week before the call, Trump told his acting chief of staff, Mick Mulvaney, to hold back almost $400 million in military aid for Ukraine. The Office of Management and Budget (which is run by the same Mick Mulvaney) then relayed that info to the State Department and the Pentagon.
    • Legislators realized by mid-August that the OMB had taken over the decision-making process for the funds from the Defense and State Departments.
    • Administration officials were told to give Congress no explanation other than that the funding was delayed because of interagency processes.
  1. Trump released the money only after the whistleblower complaint became known, but administration officials say there’s no link. Congress also pressured the administration to release the funds.
  2. In early September, Ukrainian officials voiced concern about whether aid was cut off because the Ukraine government wasn’t investigating the Bidens.
  3. First Trump says he withheld the money over corruption concerns, but the next day he says it’s because NATO countries aren’t contributing enough money.
    • A letter from the Pentagon disputes the first point.
    • As for the second point, the EU has provided more aid to Ukraine than the U.S.
    • Trump’s defenders say he had to evaluate whether the newly elected Zelensky is pro-Russia or pro-United States and whether he is corrupt.
  1. Trump says that the money was eventually released, so that’s evidence he didn’t do anything wrong.
  2. Trump releases a partial transcript of his call with Ukraine President Zelensky. It corroborates much of the whistleblower complaint. It shows he did ask Zelensky to investigate the Bidens and to investigate CrowdStrike, the company that handled the review of the hacked DNC server. Here’s some background on CrowdStrike and the whole Ukraine conspiracy theory.
  3. Trump thinks the excerpt exonerates him; you can decide for yourself. Here’s the complete excerpt. Below are the highlights I pulled out:
    • Zelensky is either on the Trump train or he knows how to fluff Trump up (I think the latter).
    • They talk about Ukraine obtaining military weapons and then Trump says, “I would like you to do us a favor though…”
    • That favor is for the Ukraine government to investigate CrowdStrike and the DNC server (which, by the way, isn’t missing and isn’t sitting in some basement in Ukraine).
    • Several times, Trump mentions having Zelensky get in touch with Attorney General Barr (five times) and Rudy Giuliani (four times) to work on this.
    • Trump criticizes Mueller’s investigation (this is the day after Mueller testified to Congress).
    • Zelensky says that one of his aides spoke with Giuliani recently. He guarantees open and candid investigations. At this point, it seems he’s only referring to the server.
    • Trump appears to call Ukraine General Prosecutor Shokin a very good prosecutor who got shut down.
      Background: Shokin was voted out of office by the Ukraine Parliament for failing to prosecute corruption cases, which is what Biden was working on. Shokin‘s failure to act included the Burisma investigation, where Hunter Biden worked.
    • Then Trump makes the ask for Zelensky to open an investigation into the Bidens. He says Biden bragged about stopping the prosecution in that case. Just to set the record straight, Biden didn’t stop any prosecution of the Burisma case nor did he say he did. The Bidens were never being prosecuted. (This whole bit is super convoluted. I refer you back to the timeline.)
    • Zelensky assures Trump that the next prosecutor will be 100% Zelensky’s person. The former prosecutor, Yuriy Lutsenko, stepped down in the middle of all this. Now there’s a new prosecutor.
    • Zelensky agrees to investigate Burisma and Biden, and brings up how bad the U.S. Ambassador is.
  1. On the same day Trump releases the rough notes of his conversation with Zelensky, certain members of Congress get access to the whistleblower complaint in a SCIF, which means it contains classified information.
  2. They later release an unclassified version of the complaint to the public without the underlying classified evidence. Here are a few points, but you can read it yourself (it’s concise and well-written).
    • The complaint discusses the phone call, attempts to hide the content of the call, and additional ongoing concerns, like the meetings between Ukraine officials and Giuliani, and between Ukraine officials and our ambassadors.
    • On August 9, Trump told reporters that he thinks Zelensky will make a deal with Putin. (UPDATE: It was just announced publicly that this is happening.)
    • The White House used a super-secure computer system (a codeword-level system) to store details about Trump’s conversation with Ukraine President Zelensky. This is a very unusual use for this computer system, designed for highly classified national security information and not for politically sensitive information. This was at the direction of National Security Council attorneys, so it was serious.
    • Most interesting is the section on all the events leading up to the call, I recommend you all read it.
  1. This isn’t the only time the White House used the codeword-level system to hide conversations with foreign leaders. The White House also took extraordinary efforts to conceal conversations Trump had with Putin and Saudi’s Mohammad bin Salman.
    • The Russian government warns Trump not to release transcripts of any of his calls with Putin.
    • In 2018, the White House asked DoD officials to return transcripts of calls over worries their contents would be disclosed.
    • The White House also cut the number of aides allowed to listen in on secure lines and the number of officials who could review memos about the contents of calls.
  1. The White House accidentally sends out their talking points defending Trump to a number of House Democrats. And then they asked the Democrats to send them back. Here’s a summary of the talking points, along with my take on them.
  2. Republicans defend Trump by pointing out that three Democratic lawmakers sent Ukraine a letter threatening Ukraine if they don’t keep up their investigations into Manafort (those investigations were in conjunction with the current U.S. cases against Manafort). IMO, the letter is more of an inquiry, and not threatening at all. You can read it here.
  3. Trump says Congress should ask about Vice-President Mike Pence’s conversations with Zelensky.
    • Pence advises Trump not to release any of the contents of Trump’s call with Zelensky.
  1. DNI Joseph Maguire testifies before Congress. Some key takeaways:
    • This is unprecedented. All of it.
    • He was concerned about executive privilege in handling the complaint. Once Trump released the transcript, though, executive privilege was gone. Of note, executive privilege doesn’t cover criminal acts.
    • He thinks the whistleblower did the right thing and is acting in good faith, and that he should be able to testify before Congress.
    • He questions whether it is the purview of Congress to investigate this.
    • He doesn’t think he’s the best guy for this job.
  1. The whistleblower tentatively agrees to meet with Members of Congress as long as the whistleblower’s lawyer has the required security clearances.
    • If you’re curious about his credibility, the whistleblower identified several people who can corroborate his report, and the inspector general did his own followup investigation before finding the claim credible and urgent.
  1. A former advisor to Zelensky says that discussing the Biden case was a prerequisite to having a conversation between the two presidents.
  2. It turns out that while former Ukraine prosecutor Shokin wasn’t aggressively investigating Burisma, he was using the threat of investigation to extort the company’s owner and his friends.
  3. Ukrainian officials say that Lutsenko, who at the time was the Ukraine general prosecutor, was trying to give Giuliani the information he wanted earlier this year as a way to get into Trump’s good graces and possibly extricate himself from Ukraine. Lutsenko has since contradicted himself and said the Bidens didn’t violate any Ukrainian laws.
  4. Lutsenko says that the violations being investigated at Burisma occurred two years before Hunter Biden came on board.
  5. Lutsenko closed the investigation into Burisma in 2017, but begin looking at the company again early this year after he started meeting with Giuliani. His office disputes that he ever re-opened an investigation into the company, though.
  6. Lutsenko says he told Giuliani to open his own investigation with the FBI or CIA, but not to drag Ukraine into our politics. He also told him to bring his own court case if he had any evidence.
  7. Lutsenko told Giuliani that former U.S. Ambassador Marie Yovanovitch gave him a list of people not to prosecute.
    • Never one to let the chance at a good conspiracy slip by, Giuliani says the list was part of a liberal anti-trump conspiracy (is there any other kind?) that was bankrolled by George Soros (who else?).
    • The US State Department dismisses the list as an “outright fabrication.”
    • Nonetheless, the administration removed Yovanovitch from Ukraine in May.
  1. The number of Democrats in the House who support impeachment has grown to 224, from about 135 before the whistleblower complaint was made public.
  2. Over 300 former national security and foreign policy officials sign on to a statement voicing concern over the phone call with Ukraine and calling for impeachment inquiries to get to the facts. They say Trump’s actions constitute a profound national security risk.
  3. Three House committees issue subpoenas for documents from Secretary of State Mike Pompeo, and also instruct him to make these department employees available for deposition: former Ambassador to Ukraine Marie Yovanovitch, former Ambassador Kurt Volker, George Kent, T. Ulrich Brechbuhl, and Ambassador Gordon Sondland.
    • Volker is said to have arranged for Giuliani to meet with Ukrainian officials.
    • Volker resigns the day after the contents of the whistleblower complaint is published (which is also the day after Giuliani goes on the talkshow circuit showing everyone the texts he exchanged with Volker).
    • The whistleblower complaint alleges that the day after Trump’s phone call with Zelensky, Volker and Sondland met with Ukrainian officials to help them navigate Trump’s demands. Whatever that means. Volker will testify next week.
  1. In light of the impeachment announcement, the House Intelligence Committee will work through the two-week recess at the beginning of October.
  2. Trump defenders claim that the Intelligence Community changed the rules requiring whistleblower’s to have firsthand information just so this whistleblower could make a claim. Those rules were never in the code to begin with and the form hasn’t changed.
  3. Fox News reports that DC husband and wife lawyers Joe DiGenova and Victoria Toensing worked with Giuliani to get dirt on Biden from Ukrainian officials. They all three worked “off the books” and only Trump knew what they were doing. All three lawyers deny this.
  4. Trump and the GOP really push the narrative that Biden intervened in Ukraine to get the prosecutor to stop investigating his son. That’s really not what happened, but there was definitely the appearance of a conflict of interest. Here’s the straight scoop, with links to their sources.
  5. The whistleblower is now under federal protection out of fear for his safety.
  6. In 2018, Trump told the world he takes Putin at his word when he says Russia didn’t meddle in our 2016 elections. This week, we learn that in 2017, Trump did acknowledge that Russia meddled in our elections and that he told Russian officials that he didn’t care.
  7. Trump’s efforts with Ukraine seem to have three parts: 1) discredit his political opponent Biden, and 2) clear Russia of meddling in the 2016 election so we can drop sanctions, and 3) push Ukraine toward a peace agreement with Russia, again so we can drop sanctions.

Courts/Justice:

  1. A Michigan judge strikes down a law that would’ve made it harder for voters to get initiatives on the ballot. This was one of the laws passed by last year’s lame-duck legislature to restrict the new Democratic governor’s ability to enact his agenda.
  2. The day before Nancy Pelosi announces impeachment inquiries into Trump, Rep. Ayanna Pressley files articles of impeachment against Brett Kavanaugh.

Healthcare:

  1. As an example of how we have a “do nothing” Congress who just wants to impeach him, Trump says that Democrats haven’t taken any action to lower drug prices. But just last week he praised the bill they passed and sent to the Senate that would… yes, lower drug prices.
  2. At the UN, Trump’s administration says abortion isn’t an international right, and they push to eliminate terms like sexual and reproductive health from UN documents. Only 19 nations agree, including those bastions of women’s rights, Saudi Arabia and Russia.
  3. Employer health insurance plans have become more expensive over the past decade and they provide less coverage.
  4. The suicide rate in the military hit its highest level in five years.
  5. The FDA delayed regulating vaping products for years, and only started to regulate them in 2016; still, they pushed back critical deadlines until 2022.

International:

  1. In the middle of all the whistleblower kerfuffle, Trump meets with Ukraine president Volodymyr Zelensky at the UN and they hold a joint press conference.
    • Trump talks about having the best employment we’ve ever had and the best economy we’ve ever had.
    • He also resurrects his accusations that NATO countries don’t spend enough money to help Ukraine.
    • Zelensky says there was no pressure during the whistleblower phone call, and also says he doesn’t want to get in the middle of U.S. elections.
    • Trump closes with, “Unfortunately she [Nancy Pelosi] is no longer Speaker of the House.
  1. Trump complains that the press isn’t covering all the great things he did at the UN summit because they’re too busy covering the whistleblower complaint. Here are just a few things they covered:
    • In Trump’s UN speech, he promotes nationalism and criticizes globalists, socialists, and several countries.
    • On the plus side, he says his administration is working to end the criminalization of homosexuality abroad and to empower women.
    • Trump holds a session on ending religious persecution and protecting religious sites and relics.
    • Trump planned to skip the UN Climate Summit, but he makes a brief appearance.
  1. Without a clear winner in Israel’s second elections this year, President Reuven Rivlin gives Netanyahu first dibs at trying to form a government. If Netanyahu can’t form a government, the mandate goes back to the president. Or there could be yet more elections.
  2. Netanyahu and opponent Benny Gantz plan to meet next week to see if they can agree on a unity government. Those talks will be the same day that Netanyahu’s pre-indictment hearing begins.
  3. Parliament resumes in the UK after the Supreme Court rules that Boris Johnson’s suspension of the Parliament was unlawful. Johnson was trying to prevent them from blocking a no-deal Brexit.
  4. Johnson’s opposition in Parliament wants to hold a vote of no confidence in order to replace Johnson with an interim administrator.
  5. Oh, and Johnson is now embroiled in a romantic scandal. He had an affair with an American businesswomen who received money from an agency that Johnson controlled as Mayor of London.
  6. Hong Kong is in its 17th straight week of pro-democracy protests. In an unauthorized march, thousands of protestors clash with police, and the entryways to subway stations are closed. Protestors set one entryway on fire, police arrest more than 100 people, and more than 25 protestors are injured. This was a violent weekend, with police firing water canons, tear gas, and rubber bullets, and with protestors throwing gas bombs, starting fires, and breaking windows. China’s 70th anniversary of Communist Party rule (which the protestors are fighting against) is coming up,
  7. Protestors block streets in Lebanon over the country’s economic crisis. They accuse the ruling class of stealing from the people.

Legislation/Congress:

  1. If you don’t think the House should impeach because you want them passing laws and working for the American people instead, take a look at this. It’s what the House has been doing outside of investigating Trump. Impeachment isn’t taking up all their time.

Border Wall/Shutdown/National Emergency:

  1. For the second time, the Senate approves a resolution to block Trump’s emergency declaration to fund his border wall. The House follows suit, but Trump can still veto it and is likely to do so.

Travel Ban/Immigration/Discrimination:

  1. Trump cuts the U.S. refugee program by nearly half. He had already dropped it from 110,000 per year under Obama to 30,000 per year in 2019. In 2020, we’ll only allow 18,000 refugees in.
    • The U.S. takes in less than 1 refugee for everyone 1,000 residents each year. France, Canada, and Israel take in 4 to 5 times what we do per capita. Even Ecuador and Venezuela take in more per capita than we do (around 7 times more). Iran takes in 12 times as many refugees per capita.
  1. A district court judge says she’ll block Trump’s changes to the rules for how long we can detain immigrant children.
  2. Insomniac Events (a music festival company) changes their tents into shelters for around 5,000 Bahamans displaced by Hurricane Dorian.
  3. It’s been four years since Germany took in 1 million + immigrants, mostly from Syria. After initial opposition, these immigrants are integrating and helping to revitalize rural areas.
  4. In 1968, Olympic sprinters Tommie Smith and John Carlos were expelled for raising their fists on the winners podium in protest of racial injustice. Now they’re being inducted into the U.S. Olympic & Paralympic Committee’s Hall of Fame. Just another example of how prevailing attitudes change and aren’t always on the right side of history. Hmmm…
  5. Trump calls six non-white Members of Congress “savages.” Two are Jewish, one is Puerto Rican, two are African American, and one is Palestinian.

Climate:

  1. Three Norwegian legislators nominate 16-year-old climate activist Greta Thunberg for the Nobel Peace Prize. While at the same time, Trump makes fun of her in a tweet.
    • Actually, since her speech, Greta has taken a shit-ton of online abuse from adults for her climate activism. What inspires people to be such assholes?
  1. Even Russia formally joins the Paris climate agreement.
  2. Brazil’s President Jair Bolsonaro says the Amazon rainforest isn’t on fire; it’s brimming with riches that he wants to develop.
  3. A new report based on 7,000 studies says that climate change has heated the oceans and changed the ecosystem so dramatically that seafood supplies are threatened. The warmer ocean waters also fuel cyclones and flooding along coastal areas.
  4. At a meeting of fossil fuel executives, an industry lawyer says it’s time for energy companies to accept their role in fueling climate change. For decades, major oil companies have downplayed the effects of climate change, despite documents showing that their own studies supported the science as far back as the mid-80s.
    • Ironically, Trump’s deregulation efforts are part of what brought the industry to their “Come to Jesus” moment, because while larger companies will keep in place safety and environmental protections, smaller companies might take shortcuts. And that could be bad for the industry as a whole.
  1. Summer’s only been gone a week, but winter’s chomping at the bit. Parts of the West get hit with up to three feet of snow, with record low temps and strong winds. Montana Governor Steve Bullock declares a winter storm emergency.

Budget/Economy:

  1. The oldest travel company in the world, Thomas Cook, collapses, leaving hundreds of thousands of travelers stranded on their vacations. The British government refused to intervene to save the company, but they do say they’ll assist travelers. The collapse puts 21,000 jobs at risk.
  2. Just when the market looks optimistic, Trump addresses the UN and accuses China of not keeping its promises to us and engaging in predatory business practices. Stocks have their worst day of the month.
  3. And then, stocks fall further as more Democrats express support for impeaching Trump. But it ends the week pretty even. There’s no real precedent for how markets react to impeachment proceedings.
  4. The housing market slows a bit, with mortgage applications falling 10.1% and prices remaining steady.
  5. Income inequality is now at its highest level in over 50 years. Inequality is still highest in wealthy coastal states, but states in the middle saw the greatest growth in inequality in 2018 (the latest year for which we have numbers).
  6. The IMF names Kristalina Georgieva to be their managing director. Why is this news? Because, of all things, she’s an economist. Right now, Fed Chair Jerome Power, incoming ECB President Christine Lagarde, and World Bank President David Malpass are all lawyers with no solid backgrounds in economics. Having a lawyer in these positions makes them more agile, but also means they lack the understanding behind economic moves.
  7. The New York Fed continues to provide cash infusions to the repo market, but things continue to worsen. The problem is the decreasing level of liquidity, meaning banks don’t have fast access to cash.
  8. It’s been a while since we’ve heard about a teachers’ strike, but Chicago teachers vote to strike, possibly sometime in October.
  9. The UK economy shrank for the first time in seven years, with the GDP falling by 0.2%. The problem is largely uncertainty over Brexit.

Miscellaneous:

  1. At least 22 people are dead and 700 are injured after a 5.6-magnitude earthquake hits northern Pakistan.
  2. The former Chair of the North Carolina GOP, Robin Hayes, plans to plead guilty to lying to the FBI in a bribery case involving a major political donor. Hayes is also a former Member of Congress.
  3. New York Times publisher A.G. Sulzberger reveals that in 2017, a U.S. official sent The New York Times an urgent warning that Egypt wanted to arrest the paper’s Cairo reporter, Declan Walsh. The official also said that the Trump administration had tried to keep the warning secret and let the arrest occur.

Polls:

  1. Support for impeaching Trump jumped 13 percentage points among Democrats and 12 points among voters since the whistleblower claim came out.
  2. A majority of Americans approve of moving ahead with impeachment inquiries.
  3. In a Monmouth University Poll, 6 of 10 Republicans don’t think Trump mentioned Biden to Ukraine president Zelensky. Here’s a quote directly from the 5-page excerpt Trump released:
    “There’s a lot of talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney General would be great. Biden went around bragging that he stopped the prosecution so if you can look into it… It sounds horrible to me.”
    Moral of the story? READ THE DAMN SOURCE MATERIAL.

GOP Talking Points About Ukraine

Posted on October 2, 2019 in Impeachment, Trump

Official Republican Talking Points Defending Trump

The White House accidentally sends House Democrats the talking points that GOP members are supposed to use to defend Trump‘s actions regarding Ukraine. Here they are:

  1. They claim the excerpt shows there’s no quid pro quo.
    In reality, quid pro quo doesn’t have to be explicit, and it’s implied in the transcript.
  2. They claim that it’s a myth that Trump made some kind of promise to Zelensky.
    I don’t know of this myth, but maybe they misconstrued quid pro quo?
  3. They claim it’s a myth that Trump urged Zelensky to work with Giuliani eight times.
    I don’t know where the “eight times” came from, but Trump does mention Giuliani four times and Attorney General Barr five times in just the excerpt Trump released.
  4. They claim it’s entirely appropriate to ask a foreign leader to investigate Ukraine meddling in the 2016 election.
    Even if it’s based on a conspiracy theory? Nonetheless, it’s not OK to withhold aid over whether that country will do your bidding.
  5. They say Trump didn’t mention Giuliani until after Zelensky did.
    Zelensky mentioned a previous contact with Giuliani after Trump suggested he talk to Attorney General Barr.
  6. And of course they say that Biden bragged about derailing an investigation.
    Biden never bragged about that. He bragged about helping to oust a corrupt prosecutor. I’m not defending Biden on the conflict of interest here, but you can decide for yourself if that was OK.
  7. They say the real scandal is the leaks, and that the “Deep State,” the media, and Democrats are hurting our national security.
    Just because information about a crime is leaked, that doesn’t make it any less of a crime.
  8. They also say the complaint was handled by the book.
    This could be mostly true. The DNI consulted the DOJ’s Office of Legal Counsel to find out if the scope fell under the Intelligence Community Whistleblower Protection Act. The DOJ’s OLC says it didn’t, but then the head of the DOJ is also implicated in all this.

A Little Background on CrowdStrike

Posted on October 2, 2019 in Impeachment, Trump

Background on CrowdStrike and the Ukraine Conspiracy Theory

There’s been an ongoing far-right conspiracy theory that CrowdStrike is based in Ukraine, that they were behind the hacks and leaks in the 2016 election, and that they framed Russia for it all.

  1. CrowdStrike is a cybersecurity company that investigated the hack of the Democratic Party’s servers in the 2016 election. So it became the focus of conspiracy theories.
  2. The company is based in Irvine, CA, but Trump apparently believes it operates from Ukraine.
  3. Trump and his fellow Ukraine conspiracy theorists believe that there’s a “missing” DNC server sitting somewhere in a Ukraine basement. They also think this server is the key to the truth of what happened in 2016.
    • Tip: There is no missing DNC server. The FBI didn’t “take” the computer because they took an image of it. That’s how investigations are handled. Investigators don’t confiscate a victim’s computer.
  1. They believe that CrowdStrike is part of an anti-Trump conspiracy and that they falsified their findings that Russia was behind the hack.
  2. CrowdStrike made public certain evidence that definitively points to Russia.
  3. CrowdStrike is also likely a target because they’ve been working with the Ukraine government to fight off Russia’s sustained cyberwarfare against the country.
  4. Trump’s own staff has repeatedly warned him that the Ukraine conspiracy theory he and Giuliani (and apparently Attorney General William Barr and Secretary of State Mike Pompeo) are pursuing is “completely debunked.”
  5. Trump’s first Homeland Security Advisor, Thom Bossert, says he told Trump there was no basis to the theory that Ukraine meddled in our 2016 elections to help Democrats, that Russia is the party that intervened in our elections.
  6. The conspiracy theory also claims that the DNC hack was an inside job, which is how Seth Rich and his family got dragged through the mud after Seth’s murder. Seth’s family has a lawsuit against Fox News for propagating that particular aspect of this conspiracy theory.

How The Whistleblower Complaint Came About

Posted on October 2, 2019 in Impeachment, Trump

Was the Whistleblower Complaint Handled Correctly?

The stories about how the whistleblower’s complaint was handled have been dicey. Here’s a simple breakdown of what went down. For a more detailed discussion, I recommend a quick listen to “The Daily” podcast episode on it.

  1. A few days after Trump’s conversation with Ukraine President Volodymyr Zelensky, a CIA agent learns about it from concerned people in the White House. The agent reports it to the top CIA lawyers.
  2. The CIA lawyer, as per protocol, reaches out to her counterpart in the White House to let them know about it.
  3. The White House lawyer starts investigating, and interviews people in the White House who are aware of or heard the conversation. Some of these people are the same ones who told the CIA agent what went on.
  4. The White House lawyers also bring the concern to top lawyers at the DOJ, who bring it to their boss, who happens to be Attorney General William Barr.
    UPDATE: We now know Barr has also been working on getting foreign governments to help Trump in exonerating Russia and implicating Biden.
  5. The people at the White House who White House lawyers interviewed tell the CIA agent about it. They’re concerned that White House lawyers and not CIA lawyers are investigating.
  6. This concerns the CIA agent because it’s like the fox guarding the henhouse; so he decides to go the whistleblower route and files a complaint with the intelligence community’s inspector general.
  7. The Inspector general does his research and corroborates the whistleblower’s story. He finds the complaint credible and urgent. As per protocol, he forwards the information to the DNI (Director of National Intelligence), who is only there in an acting capacity and has been on the job for all of a hot minute.
  8. The DNI is unclear about how to handle this because it involves the president, so he takes it to the DOJ, who (as we now know) has already gotten a heads up from the White House lawyers. The DOJ lawyers quash the complaint, saying it isn’t covered by intelligence community whistleblower protections,
  9. And that’s how it ended up not going to Congress within the required timeframe.
  10. The IG becomes concerned when he doesn’t hear anything, so he alerts Congress about the complaint.
  11. The House Intelligence Committee, which is supposed to receive whistleblower information, is unable to obtain it, so the chair of the committee goes public.
  12. The chair continues to have a hard time obtaining the document until public backlash forces the DOJ to turn it over.