The Ellipses and the Recordings, Plural, of Joe Biden
Before I get into the NYT report on Alexander Vindman’s testimony that the White House removed damning things from the transcript of the July 25 call, I want to note something from his opening statement. At the end of his description of who he is and what he does, Vindman warned that the impeachment inquiry should carefully balance the need for disclosure against national security concerns.
Most of my interactions relate to national security issues and are therefore especially sensitive. I would urge the Committees to carefully balance the need for information against the impact that disclosure would have on our foreign policy and national security.
Then, when discussing the July 25 call, Vindman emphasized that, because the transcript is in the public record, “we are all aware of what was said.”
On July 25, 2019, the call occurred. I listened in on the call in the Situation Room with colleagues from the NSC and the office of the Vice President. As the transcript is in the public record, we are all aware of what was said.
I was concerned by the call. I did not think it was proper to demand that a foreign government investigate a U.S. citizen, and I was worried about the implications for the U.S. government’s support of Ukraine. I realized that if Ukraine pursued an investigation into the Bidens and Burisma, it would likely be interpreted as a partisan play which would undoubtedly result in Ukraine losing the bipartisan support it has thus far maintained.
Yet immediately following his statement that “we are all aware of what was said,” Vindman asserts that the call was about investigating the Bidens and Burisma. But Burisma doesn’t appear in the TELCON. It is one of the things that, according to the NYT, the White House removed — where it says “the company” in this passage — and he recommended it be put back in.
I understand and I’m knowledgeable .about the situation. Since we have won the absolute majority in our Parliament; the next prosecutor general will be 100% my person, my candidate, who will be approved, by the parliament and will start as a new prosecutor in September. He or she will look into the situation, specifically to the company that you mentioned in this issue. [my emphasis]
NYCSouthpaw had said once this had to be a reference to Burisma — he was absolutely correct.
According to NYT, the ellipsis in this passage of the TELCON,
Biden went around bragging that he stopped the prosecution so if you can look into it …
… Took out a reference to Joe Biden talking about getting Viktor Shokin fired.
The omissions, Colonel Vindman said, included Mr. Trump’s assertion that there were recordings of former Vice President Joseph R. Biden Jr. discussing Ukraine corruption,
[snip]
The rough transcript also contains ellipses at three points where Mr. Trump is speaking. Colonel Vindman told investigators that at the point of the transcript where the third set of ellipses appear, Mr. Trump said there were tapes of Mr. Biden.
Mr. Trump’s mention of tapes is an apparent reference to Mr. Biden’s comments at a January 2018 event about his effort to get Ukraine to force out its prosecutor general, Viktor Shokin. [my emphasis]
The NYT and other outlets have asserted that this is a reference to a video that Rudy Giuliani has been publicly shopping for some time, and it undoubtedly is that, at least.
But I want to suggest the possibility that it’s a reference to more.
The NYT goes to absurd lengths to make this appear as innocuous as possible, seemingly offering up the possibility that the words “the company” appeared because of a failure of the voice recognition software (though the TELCON itself notes that such a possibility would be marked by “inaudible” in the transcript).
It is not clear why some of Colonel Vindman’s changes were not made, while others he recommended were, but the decision by a White House lawyer to quickly lock down the reconstructed transcript subverted the normal process of handling such documents.
The note-takers and voice recognition software used during the July 25 call had missed Mr. Zelensky saying the word “Burisma,” but the reconstructed transcript does reference “the company,” and suggests that the Ukrainian president is aware that it is of great interest to Mr. Trump.
Which is one reason I find it notable that the NYT suggests the reference to recordings refers solely to a single publicly known recording of Biden even though both times they refer to Vindman’s testimony, they refer to tapes or recordings, plural.
The thing is, there are undoubtedly are tapes, plural, of Biden talking about firing Shokin. Indeed, in the recording in question, Biden even says that he had already gotten a commitment from Petro Poroshenko to fire Shokin.
I had gotten a commitment from Poroshenko and from Yatsenyuk that they would take action against the state prosecutor. And they didn’t.
So at the very least, there are the US versions of prior communications in which Biden would have emphasized the importance of firing Shokin. And there may well be other recordings reflecting that the ask happened, for example of Poroshenko talking to Arseniy Yatsenyuk about it. Given that getting Poroshenko to act on corruption was a key focus of Obama’s policy, it would have been a key focus of SIGINT collection. So if we had the ability to collect such conversations, we would have done so. And if we did, those recordings would still be sitting at NSA available to anyone with the need to know.
Trump would have legal access to all of that and, given his focus on Ukraine and “corruption,” an excuse to pull it up. Given that this purported concern about “corruption” is part of the official, stated policy of the US, it is not at all crazy to assume that his aides have pulled existing intercepts pertaining to past discussions of corruption and if they did, they would have, by definition, involved Joe Biden, because he was the one Obama tasked to take care of such issues.
And if there were — and if Trump’s comment reflected knowledge of that — it would explain two other details.
First, Vindman clearly doesn’t think all of the details about this call should be aired publicly. It’s certainly possible that he just didn’t want it to become public that Zelensky had parroted Trump’s demand to investigate Burisma. As I noted, by releasing the transcript, Trump has already made it clear that he succeeded in corrupting Zelensky, who ran on a platform of ending corruption. Revealing that Zelensky was literally repeating the script that Gordon Sondland had dictated for him would make that worse.
It’s also possible that whatever the other two ellipses in the TELCON hide are things he believes should remain secret. Vindman certainly would know what those ellipses hide, even if he didn’t recommend adding those details back in, and surely got asked about it yesterday.
But a national security professional like Vindman would also want to keep any details about intercepts classified. Even just the fact — not at all controversial but not something spoken of in polite company — that the US was sitting on records of Poroshenko’s resistance to dealing with corruption would be the kind of thing Vindman might want to keep secret.
Again, it may be that Vindman’s concerns about airing this dirty laundry involve nothing more than an effort to minimize the damage already done to Zelensky. But it may reflect more specific concerns about sources and methods.
And if the original transcript did reflect sources and methods, it might provide an excuse for John Eisenberg to insist it be stored on the Top Secret server. Again, his decision to do so may extend no further than a desire to cover up the President’s crime. But if the call reflected more sensitive collection, then it would need to be stored on a more secure server. That also might explain why everyone else — except the whistleblower, who wasn’t on the call — treated these details as Top Secret.
The existing TELCON does not hide that Trump was discussing right wing propaganda with Zelensky. So there would be no reason to remove Trump’s reference to another piece of right wing propaganda. But the treatment of it suggests that the TELCON as released removed classified information (the document is titled “Unclassified,” suggesting that if the TELCON included the statements reflected in the ellipses, it’d be Classified). In which case, there may be other recordings, recordings that are classified and aren’t known to every frothy right winger spouting propaganda.
For some reason, the NYT thinks Trump referred to more than one recording of Biden talking corruption. It is not at all unreasonable to imagine he knows of classified recordings.
If there were sources and methods data in the call, this would be a good reason to have the convo on the secure server and would undermine the accusation of improper classification and disposition. Trump team has not made this assertion, which would be an easy defense. Maybe not making the assertion to avoid scrutiny of improper use of intelligence for political purposes- like what they accuse the deep state of doing in 2016? Or maybe not defending the classification and server move because it really is indefensible….
Dems don’t seem to be interested in exploring the ellipses based on what has been leaked thus far.
How were they supposed to explore the ellipses when Vindman was the first actual witness to the call?
I was referring to the spin in the NYT last night and and other reports attributed to cmttee dems that the content in the ellipses is not transformative to the overall narrative. It seems we would have aligned messaging demanding the details if it was thought to be otherwise.
Could it be that because Trump gave Barr security clearance authority that Barr is the one who listened to the classified tapes and informed Trump? Trump, then, as he is prone to do simply blabbed it out.
A sensitivity of Vidman that he has indicated is about the US-Ukraine relationship remaining positive and bi/non-partisan with respect to Dem/Repubs.
I’m wondering if some of what he is happy to have remain redacted would act to negatively valence one (or both?) party towards Ukraine if publicized?
Poor Zelensky, his citizens lives are on the line, the territory of his nation being stolen, his presidency is in its infancy, and worst than all of it he has to deal with Trump who essentially is asking him to sell his soul. Let’s be honest, the message Zelensky hears when Trump says, ” get to the bottom of this…” is make something up if you have to. Give me something I can cudgel Biden with. Any contrivance will do. Turns out they didn’t need Zelensky. Rudy and his two apes Parnas and Fruman had the interview between the crooked prosecutor and Hannity all set up. Trump wasn’t asking for dirt so much as implying they should set Biden up. That’s the plan Guliani was executing. This is Mulberry Street tactics.
The thing that jumps to mind is if recordings were pulled regarding Ukraine for political gain, has the Trump camp been making a habit of doing this on other subjects as well?
I’m not sure how either party’s leadership would want to deal with that possibility.
It seems to me that could be considered “abuse of power”.
I imagine Putin has seeded DT with all the sorts of possible uses he can use the IC resources he has at his disposal.
This. And this is why there’s an impeachment inquiry in the one instance that is publicly known about.
I think this can still be read with my alternative theory that at least one of the ellipses may have been the call being put on mute for a while for staff to try to coax Trump back onto safer territory:
https://www.emptywheel.net/2019/10/03/was-the-trump-phone-call-with-zelensky-paused-for-discussion-on-us-side/
That explanation at least helps with the still-unexplained timing issue.
But isn’t it also true that he always says that shit. He has said lies specifically about tapes before. To us.
It’s the art of deal. lie, don’t pay.
It fits with the timing issue as well.
Trump practicing the art, lies about tapes. genius dealing. he knows people are scared of tapes.
Handlers pause conversation to find out just which tapes he is talking about. Entirety is classified because now it reveals sources and methods.
When you refer to “he” I assume you mean Trump. Please confirm, thank you and welcome to emptywheel.
Ew
“But I want to suggest the possibility that it’s a reference to more., “
“Trump has already made it clear that he succeeded in corrupting Zelensky, who ran on a platform of ending corruption.”
Animal hater creates parrot. NSA pod cast’s don’t require reading.
Pray that illuminating path will lead to bright shiny objects being picked up and returned to toy box before more lives are lost.
Slightly off topic, but I have been wondering why these two names have not been coming up more often. That is Dan Coats former DNI and the lady ( sorry her name escapes me right now) that was going to be in the active role once he left. Wasn’t there a meeting in early August where she was told she should resign immediately by Dan Coats? It seems maybe he knew the shitshow was starting to role? Seems like maybe they would be good to here from? Anyone know why these names have kind of been off the radar?
Sue Gordon is her name.
Another possibility is that additional tapes don’t exist … yet. Deepfake technology is mature enough that a Biden tape could be manufactured. Imagine a scenario where impeachment is closing in on Trump over this issue and then, at a pivotal moment, a new tape emerges that makes Trump appear correct in his pursuit of the Biden family.
Precisely what I fear.
My sister works for Microsoft in cyber security and she assures me that white hat folk would immediately know if “deepfake” artisans were at work and what apps they were using. These are very smart people – they will not be tricked by the likes of this maladmin and their jackals. More will be revealed. Keep the faith (but pass the ammunition.)
I don’t think it would be too hard to cover tracks. Degrading the audio and video bitrate in post can do a lot to hide artifacting. But even if your sister’s group can prove that a video is fake (and I very much hope they can), how long would that take? From the moment Trump retweets a deepfaked video, his followers will gobble it up. If Fox thinks there’s enough uncertainty about the provenance of the video, they’ll keep looping it. A new deep state conspiracy would emerge and it would provide enough of a foothold for Trump’s acolytes to continue supporting him.
I was just worrying about this very thing as I was reading this article.
I’m not a forensic audiologist, but I do work in audio, and it seems to me it’d be pretty hard to tell the difference between a real piece of audio or something that was faked. It wouldn’t take much effort to put something together that sounded like the real deal.
I would not be surprised if sometime in the next week or two we hear some kind of Biden “tape”. Trump seems to always have good timing with these kinds of distractions.
Hey hey, it’s always good to hear from another audio person!
I still think it’s easier to fake video than audio, but Adobe’s VoCo concerns me. It’s always possible that it’s just vaporware or that there are other issues involved, but if that software is real and it gets into the wrong hands, it wouldn’t be hard to script an authentic-sounding phone call between Joe Biden and Bugs Bunny.
If there was any artifacting caused by different syllables coming from different source, or aliasing or anything like that, a lot could be concealed with some background noise, a good compressor, and downsampling/bitcrushing the final cut.
The really tough part about audio in a situation like this is that our auditory nerves are wired most directly to our brain stems. We feel and have emotional responses to sounds before we rationally process them. If we were to hear deepfaked audio of someone we loved and trusted, saying disparaging things about us and betraying us, it would likely take a while to completely trust that person again, even though we rationally understood that the audio we had heard had been faked.
That’s why I’m concerned about how long it would take to respond to a deepfake. If Trump can retweet something that doesn’t get debunked until after the evening news cycle, that would be really damaging. People would go to sleep that night, having a strong emotional reaction to something that wasn’t true. It would stick with them. Committed Democrats could be swayed to support another Dem candidate. Centrist, Independents, and others might hesitate to support that candidate in the general election.
All good points Fikshun. You clearly know a LOT more about this stuff than I do and I respectfully defer. My problem is that I remain optimistic that the truth will out and forcefully enough that at least some R’s will want to protect whatever shred of legacy they have left. Silly me.
It does appear to me at least that there is some minimal movement toward truth amongst the R’s but it’s prob “just my imaginashun, runnin’ away with me…”
Keep up the good work all. Thanks!
JHFC
Fishkun, yes, you’re right, it would be damaging because people wouldn’t be able to “unhear” it.
I feel like if they did a fake Biden phone call, it would do a lot of damage to Biden.
Yet there was that actual recording of Trump on the bus that didn’t seem to make a lump of difference. If someone came forward with the actual recording of Trump and the Ukraine pres, and Trump said, “I want you to make up dirt on Biden”, it would make zero difference to his presidency, or impeachment proceedings. Not sure why there’s that double standard.
And from a technical point of view, I think I could whip up a fake phone call in a matter of minutes if someone handed me audio of unrelated conversations that I could sample from. I do music, but could easily doctor a passable fake take. I think our colleagues that work in the sound FX departments of TV shows or film crews could do one that would sound nearly perfect. Depressing thought.
This part:
“It’s certainly possible that he just didn’t want it to become public that Zelensky had parroted Trump’s demand to investigate Burisma.”
doesn’t scan with Vindman’s reported testimony, that he recommended that Zelensky’s actual words when he used the name Burisma be added back in to the TELCON before it was approved.
As EW’s preamble elucidates, Lt Col. Vindman’s opening statement urges the committee to carefully weigh the impact of disclosure on both national security and foreign policy.
The analysis that the released memorandum of the July 25 conversation includes ellipses that may have been inserted, and the word for word transcript secured, for natsec reasons is certainly plausible if not probable.
Additionally, the disclosure of the existence of one or more recordings of Biden’s conversations with Ukrainian leadership, if gathered via NRO or other surveillance methods could be damaging to US interests.
If one or both of these suppositions is accurate, the original sin is that they were shared with a foreign government in pursuit of political advantage. Although a president has the power to declassify information, when done unwisely, it adds furthers the discussion on fitness for office.
One can only hope that reality dawns on some portion of the GOP, and they realize the destruction to the world, our country, citizens and their own party generated by their blind loyalty.
Interesting point. What things has Trump “declassified” that might be impeachable based on incompetence/risk to national security? A really, really good question.
Interesting.
One note: The penultimate sentence says NYT seems to think the opposite of what earlier sentences say it seems to think.
. . . the NYT suggests the reference to recordings refers solely to a single publicly known recording of Biden . . .
For some reason, the NYT thinks Trump referred to more than one recording of Biden talking corruption.
Maybe sometimes NYT doesn’t seem to think much at all. But I don’t want to bash them too much. Even Trump knows bad press is better than no press ;)
“And if the original transcript did reflect sources and methods, it might provide an excuse for John Eisenberg to insist it be stored on the Top Secret server.”
If sources and methods were explicitly or implicitly part of the phone call, then we could have a situation where the President (again) shared that information with one or more uncleared foreign nationals. This wouldn’t be just some administrative slip-up within a tight group of allies such as Five Eyes — it would be a significant lapse in security.
If there’s one thing we’ve learned over the last three years, it’s that Trmp has no clue about this kind of security.
But he does know how to strong arm folks with made up bull-pucky. And he has the authority to declassify any bull-pucky or national jewels he runs across for his own urges.
Meh. You are making assumptions about US assets and capabilities that don’t take all possibilities into account. Best to just let things unfold than speculate IMO…
Thus the use of the word “If” as the first word of my first sentence — later followed by “then”. If-then. The case does not rely on assumption.
Kash Patel!
Nunes acolyte misrepresented himself to Trump as Ukraine expert Lt. Col. Alexander Vindman also testified on Tuesday that the National Security Council staffer, Kash Patel, fed the president disinformation about Ukraine. https://www.politico.com/news/2019/10/30/nunes-acolyte-misrepresented-himself-to-trump-as-ukraine-expert-061763
Natasha Bertrand 10/30/2019 01:00 PM EDT
It’s stuff like this which persuades me to believe the presidency is occupied by a group of people managing policy versus the president himself. He’s just along for the ride and to occasionally obscure the view as to who is running the show.
Bonzo Ronnie redux.
A-yup.
Oh, you mean the REAL deep state.
LOL most of these guys are pretty fucking shallow, if you know what I mean. When a hack like Mulvaney can use Trump like a puppet? Or Mnuchin can use the Treasury? No deeper than the wig and spray tan behind which they hide.
I actually think of those guys more as fig leaves. They give the shiny patina of corporate graft to the Trump White House while the real damage is happening behind the scenes with the Death Eaters like Barr, Stephen Miller and in his time Bannon, doing serious damage to our democracy from the shadows.
Derp state
Accurate.
That may be why they like Reagan so much: he’s the origin story for this strategy. The story goes: Repubs learned a lesson from Nixon not to elect someone who knows how to exploit power. Reagan, Bush41, Bush43 was a puppet and Trump is also a puppet (though maybe a touch more than they bargained for). They’re run by a melange of Cheney, Atwater, and Meese acolytes.
Bush41 knew how to use power. Remember, he’d been a senator and after that ran the CIA. (Before he went into politics he ran an offshore-drilling company – also using power. And possibly also helping the agency get people in and out of various foreign countries.)
So this Patel fellow just waltzes in and runs a con on the president of the United States?
Does he have security clearance?
Is this why Trumps said there are multiple tapes of Biden?
Who else are these disruptors (better word please?) feeding their crap too?
Why the hell are the “heros” so late in telling the tale?
Since he was on Nunes staff, one presumes he had some sort of security clearance.
“…might confuse the President.”
Then I guess it is time to remove him. He’s unfit.
Seriously, Patel is bad news. This incident reeks of rot.
“… might confuse the President”, like when a cat sees its reflection in a mirror.
In one sense, it’s hilarious. Kash Patel is an expert at being incompetent and at sucking up to his patrons. Most law students probably know more law than he does, for example. He is not an expert anything else, unlike Vindman.
Who inside NSC and the Chief of Staff’s office enabled this obvious fraud – lie – deception? (The “misrepresentation” euphemism is another lie.) That’s a systemic problem – and it’s unlikely to infect only Ukraine policy.
Patel really is a coffee boy, a disposable gofer for his patrons. So is Nunes. As rayne asks, who are the patrons pulling their strings. It ain’t Donald Trump.
What does it say about Trump that he could not tell the difference between serial incompetent Patel and a real expert on a foreign country, who would, for example, necessarily speak the local language?
What does it say about Trump’s White House that its key figures actively perpetrated a fraud by assuring Trump that Patel was such an expert?
What does it tell every foreign government observing this farce about how untrustworthy Trump’s government is, and how easily manipulated?
Maybe he could tell the difference,
and that’s why he made the choice he did.
This is Donald Trump. True, he hates “experts” because they remind him that he is galactically stupid.
He also doesn’t like them because they are loyal to facts and logical analysis, which tends to make them loyal to the abstract – the Constitution, for example – rather or in addition to an individual leader. It drives them sometimes to say, No. (Condi Rice challenges those rules.)
More important, though, is that Trump’s primary response is to sycophancy. Yes, you pass muster, no, you don’t qualify.
Always assume that the person who became President knew what they were doing when they did it. And, if you end up being wrong about that then, well, impeachment is one road out. In theory.
Vindman made complaints about two calls, one on July 10 and then on July 25. He registered those through proper channels. He apparently contends that in his effort to correct the call record, certain documented additions were made and others weren’t.
The summary transcript was released by the White House hours before the WB complaint became public through Congress by Schiff’s office.
At the time, the view on the release was that the White House was being incredibly transparent and doing something unusually remarkable especially given its stonewalling efforts in the post-Mueller Report period in which it fought every effort to block any legal move to secure public records or testimony about its actions. The transparency claim was a chief talking point from Republicans when the call summary was disclosed.
But that record was incomplete for a reason. And back then, it failed to support certain reporting about the call from the Wall Street Journal among others that Trump emphasized the need for Ukraine to conduct certain investigations, and that Trump had repeatedly mentioned Biden and Burisma, as investigatory subjects before the US would release congressionaly authorized arms money for its defense against Russian incursion. Once made public, however, the summary transcript didn’t reflect that emphasis.
Which was the point of excluding it, in part, to deny that it was emphasized and because it was apparently a point of concern for other reasons by those who actually heard the call and were complaining about it.
Whether or not the call’s contents were of significant classification issue based on what Trump may have revealed about sources and methods in intelligence gathering, or were more esoteric from a Ukrainian political perspective, the call record remains a mystery and so is the editing of it. What is clear, however, is that the WH released the summary to forestall congressional criticism and blunt the force of disclosure from the WB complaint, in much the same way that Barr blunted release of the Mueller report with both a preview and release date summary of it, which was less than honest.
The point is this: Vindman’s testimony underscores the work behind the scenes that both the WH and DOJ were trying to bury the WB complaint but were then forced to acknowledge it publicly because of its connection to the call record which had been placed on the secret server in spite of editing issues raised by non whistleblower objectors who were aware of it. Neither the WH or Justice were supposed to know about the WB complaint. But they had known since nearly the end of July even before the complaint’s actual Aug. 12 notice date, of its existence and allegations raised through IC official contacts.
The fact that this complaint ever registered with anyone and reached Congress at all is remarkable, let alone launch an impeachment process. But its because of that diligence in effort that it surfaced. Whatever Vindman’s motives in seeking to correct the call record, his testimony demonstrates evidence of both a WH cover-up and then public release of a call that many public officials had vast knowledge well beforehand and knew was politically challenging if not impeachable.
Wait a minute… complaints about two(2) calls? We have 25 July. What happened 10 July that made Vindman register a complaint?
The report on July 10 was about a meeting in DC with folks from Ukraine where Sondman made demands for an investigation.
As Jim says, it was a meeting. Vindman describes that July 10, 2019 meeting [and subsequent debriefing] on page 5 of his Opening Statement:
Opening Statement of Lieutenant Colonel Alexander S. Vindman https://int.nyt.com/data/documenthelper/5197-read-vindman-s-opening-stateme/451770f94b62c504f723/optimized/full.pdf#page=1
Added:
Could Eisenberg or someone in his office be a whistleblower too? It’s unlikely but possible…
Are ellipses commonly used to replace classified material?
If so, why would they be part of a supposedly final (and perfect!) product placed in a top security server?
Unfortunately we know Trump projects all sorts of weird things when in manipulation mode, including hyped up propaganda spun around a bit of truth.
Would Vindman be in a position to know if there are other tapes of Joe Biden?
There’s got to be tapes of Biden and Obama talking with Ukrainian leaders. This should not be a surprise to anyone.
I know it’s difficult, but why are good people (in this situation, I think Hill and even Bolton are playing on the good side) trying to wrap a towel around Trump’s ugly naked ass rather than exposing his naked-emperor status by letting him continue to think a hack is his Ukraine expert? GGRRRR!!!!
Because the towel-wrapping crowd have a vested interest in his ass staying covered. Most of them have a monetary interest of some sort. If he’s out they can’t guarantee the next White House occupant — even if it’s Pence — will let them continue unrestrained vampiric capitalism.
What if Trump was using cherry picked nuggets from NSA intercepts to browbeat Zelensky with? The fact that we have everyone’s communications isn’t something we like to talk about
a question for the lawyers. Will Pompeo, Barr, Mulvaney be testifying(with subpoena) before the intelligence or judicial committees? explain how this will play out. Did the dems see their stonewalling and added to the resolution the part about president not complying ? thanks
Yes, if the Dems get off their ass and actually subpoena them. That process may take a while though, and that is exactly why I have been screaming about a formal impeachment resolution and doing it right for most of this year.
thanks . next question..how does the house work around their claim of executive privilege? .will the argument be ..its criminal activity..and who decides that they must answer the questions..
.
Executive privilege generally has to give way to a confirmed Constitutional impeachment inquiry. Another reason I have been screaming about this for so long.
I totally agree that this should have been voted on months ago so that there was no question about whether or not it’s a legal Impeachment Inquiry, and specific Dems have tended to argue that it is or isn’t based on personal convenience, but once the Speaker of the House declares it’s an Impeachment Inquiry, does that “count” as making it official?
(I’m not trying to be a smart ass here. I’m genuinely wondering, and I’m guessing that the question might have to be litigated, but it’s already been ruled on once, and the judge seemed to say, “The House has total control of the impeachment process. If they say it’s an Impeachment Inquiry, then it’s an Impeachment Inquiry.” Prior to Pelosi’s declaration, it wasn’t clear that they were really saying that, because the Dems were trying to have it both ways. Now, the House is going to vote on a resolution that retroactively says that it’s been an Impeachment Inquiry for a while now, since, well, a while. That might be horseshit, but I think a judge would just roll their eyes on it and let it go now that we’ve gotten to this point.)
The answer is….Pelosi and Hoyer finally stated that it was an “impeachment inquiry”. They had flat out denied that previously. Did that by Pelosi do the trick minimally, yes, and it should have. I still much prefer the clear full house vote.
Judges have been impeached without an initial vote by the whole House that launched the initial inquiry, but the dumb risk Pelosi has been taking is that some conservative judge won’t throw a monkey wrench in the process, even if it is later overruled.
She has put the process on a tight timeline for no good reason, and that works to the advantage of the GOP.
The press seems to need a reminder that Rudy Giuliani was not running a rogue foreign policy….Donald Trump was running a rogue foreign policy.
The normal USG agencies – State, Defense, CIA, and others – ran the official one. Donald and his minions, like Rudy, ran his personal one. That’s the one in which he attempted to pay back his patrons, like Putin, and to boost his meager chances at re-election.
This seems right to me. It feels like the way Putin operates: some of his stuff goes through channels we would recognize, and some is just him working his own interests. Trump admires that kind of stuff. It’s probably the way he ran his personal business.
It appears to me that the press is wrong in framing this about getting dirt on Biden. That was of course a welcome side benefit, but to my eyes the whole Ukraine scam has always been about delivering payback to Putin. Withhold the aid, withhold the validation that a meeting with US President would provide, and in the process give Putin someone else to blame for the 2016 intervention. All while also giving Putin carte blanche to further invade Ukraine and wreck havoc in Syria. Furthermore, it appears to me that Baghdadi was another quid pro quo. US abandons the Kurds and withdraw from the region, Russia takes their slice of Syria, and Russia/Turkey turns a blind eye while US nabs the villain.
You’re right about framing but the press is following the legal case behind the House investigation — it’s illegal to solicit anything of value from a foreign entity for use in a campaign, which is why they end up dragging the Biden angle out because of his status as candidate opposing Trump.
And you’re probably right about the quid pro quo wrt to Kurds however there’s no obvious legal case like a violation of campaign finance law or bribery because Trump exercised his Article II power to conduct diplomacy. He abused his power by subrogating the Senate’s role to Advise and Consent but in the absence of any formal treaty with the Kurds and law prohibiting his sell-out of the Kurds, he could make the case it was on him as president. Handling of Baghdadi could be seen as a failure to execute laws faithfully since the DOD supposedly knew about his location as far back as March this year — but this is really tough to explain to a public which just wanted a scalp.
Standard point I make about audio conversations, that I’m bringing up just because it’s so glaringly obvious that no one in the media appears to be mentioning it: This was a conversation between two world leaders, neither of whom expected the conversation to be private. Both parties assumed that there would be multiple other listeners and that some record of the conversation was taking place at each end. On the US side, the conversation was being transcribed in real time by computer software, and there were numerous people listening to the conversation, taking notes, and tasked with later reviewing the computer-generated transcript for accuracy and completeness. Individuals who spoke Ukrainian were probably also listening for any possible translation errors that could lead to a genuine miscommunication with real-world consequences.
It’s 2019. If you’re going to spend that much time and energy to generate an accurate record of a phone call, you should just record the damn phone call.
Gaetz has filed an ethics complaint against Schiff.
https://twitter.com/RepMattGaetz/status/1189593220763865093
I don’t think it’s going to end the way he wants.
Didn’t they already try a censure resolution against Schiff a couple of weeks ago? These guys are nothing if not consistent (in their pugnacity)
Gaetz is claiming Schiff did these:
– Distorting @POTUS’s call with President Zelensky
– Lying to the public about “Russian collusion”
– Blocking Members of Congress from attending impeachment depositions
And he stole Gaetz’s barbq potato chips and peanut butter sandwich at lunch time.
Schiff probably doesn’t eat barbecue chips with PB sandwiches. You have bananas with those. Chips are for hotdogs.
Don’t knock it till you’ve tried it. I highly recommend dill pickle slices with peanut butter on toasted wheat bread.
My husband puts bbq chips on (gak) tuna salad.
As a kid, I tried sweet-pickle relish on PB with strawberry jam. It worked for me at the time. (These days, I use a teeny bit of honey or cinnamon sugar.)
BBQ chips on tuna salad is fine.
The chips are fine, just can’t handle the tuna.
I grew up with PB and pickle sandwiches, but nobody I mention it to will believe that was a thing. They’re horrified by the notion.
Mmm. Must be dill pickles, not the homemade crock kind but the commercial Vlassic dill pickle chips. Yum.
nailed it
OMG, you are but one tiny step from my weirdness. I was a huge fan of PBJ and pickles. Not sure the PB only would work…need the sweet and sour effect. Still love that combo at times….certain times….Santori times? Hi times?
I love pb, banana and mayo sandwiches. On squishy white bread.
OMG, that sounds scrumptious. My three favorite foods. Now put them together on a Ritz cracker and I’m in heaven.
Ah PJ, I see you follow the Elvis Presley theory!
Habit – I ate PB sandwiches for lunch for years (and sometimes for breakfast and dinner), because they didn’t go bad when they spent eight or ten hours in a bag. Bananas were usually with lunch.
I cannot find it now, but there is lore that Elvis literally got on a private jet with a bunch of mates to go eat this somewhere special.
I heard he liked that. It’s kind of beyond me, but then I didn’t grow up in the South.
“Gaetz has filed an ethics complaint against Schiff”
So when/who will file ethics complaints against Gaetz and his fellow fascist Brownshirts for illegally breaching the SCIF ?
IANAL
Could citizens bring an ethics complaint against Gaetz?
Hoping the Florida Bar has a little smackdown for him about his storming the SCIF. They already scolded him earlier this year.
I’m a recovering lawyer but I never came close to a courtroom–I profess no expertise on this topic. With that disclaimer, consider whether there was a distinct purpose for omitting the name “Burisma” and other “crucial words and phrases” even if “[t]he phrases do not fundamentally change lawmakers’ understanding of the call” as noted by the NYT. While it was implausible to conclude the omissions in the “transcript” were likely to change the meaning for anyone reading the document, thereby serving no purpose in that regard, those same omissions could easily facilitate withholding the document in response to future subpoenas one might reasonably foresee.
In addition to a general description provided in a subpoena, the process by which documents are identified for production often (always?) relies, at least in part on the articulation of a discrete list of terms for which a search is undertaken, i.e., produce all documents referencing the name “Burisma.”
While lawyers can argue whether a document is or is not responsive to a narrative discovery request, there’s no argument to be had when a document containing an identified (“crucial”?) search term is withheld.
If Eisenberg was willing to take steps to hide/obscure the record of the call, it wouldn’t be much of a stretch to conclude he would readily advocate the omission of terms that could cause the failure to produce the document to be unequivocally actionable.
A few comments on Zelensky. His over-the-top ass-kissing is almost certainly the result of being encouraged by all of his advisers on his side of the call to keep up the ass-kissing. It works with Trump, no matter how foolish it sounds to everyone else. Trump’s calls with many other world leaders probably sound almost exactly like this.
Now look at what Zelensky actually gave up in that conversation. He promised to “look into the situation”, and Vindman has added that he said “Burisma” was the company that was involved in “the situation”. Zelensky IMPLIES that this will include investigating Hunter Biden, but he doesn’t say it outright. By the end of the transcript, the only things he’s agreed to, in practical terms, is to make a vague promise to “look into” Burisma, and he’s more or less promised to speak with Giuliani and Barr.
And that’s coming from a newly-elected President whose country is currently under invasion by Russia (unless you count the situation in Crimea as finished history) with the very real threat that the Russians could push across the border at other places at any time, and the very real threat that a bunch of Ukrainians will be killed in the process.
So I’m not sure I’d say Trump “succeeded in corrupting Zelensky”. We’re all assuming that it would’ve gone that way, and if Trump had gotten his way, it probably would have. But we’re now also learning that MANY people on our side were trying to put the brakes on this, and Trump might not have gotten his way. Zelensky doesn’t box himself in, and given how many people there were on our side that we now know had been fully aware of “the Giuliani situation” for quite some time, combined how active they had been in opposing it, it’s likely that Zelensky’s people know that he may have some wiggle room here. If this hadn’t all become public, it’s entirely possible that Zelensky could have threaded the needle by getting his money and then just announcing a bunch of reviews of old legal cases, and Burisma would be one that was mentioned by name. I think he did a lot better here than people are giving him credit for.
I saw a clip of Zelensky and Bill Taylor at an event in Ukraine from yesterday (Taylor is now back there, post-testimony). A reporter asked Zelensky whether he felt “pressured” by Trump. Zelensky has now learned to engage the “artful dodge” (like most politicians who wish to avoid pesky reporters’ questions)…
I suspect when the history of this is written and the facts better known, we’ll view Zelensky in a positive light. I think he managed a horrible situation the best he could by throwing just enough toward team Trump without actually committing to anything. I’m certain he and his advisers know there’s nothing there to find against Biden so manufacturing something was as dangerous as withholding what the Trump team wanted. So he played the middle by making vague promises and taking token actions. In the end he did get the military assistance he needs since his country is engaged in an existential battle with Russia. Having visited Ukraine many times east, west, and central, I think any victory now by Russia will be Pyrrhic. Large swaths of the population particularly in the East would prefer death to Putin at this point.
It is the bend but don’t break defense.
File under “THIS CAN’T BE REAL!…can it?!?”
Trump tweet:
https://twitter.com/realDonaldTrump/status/1189601417469841409
10:54 AM – 30 Oct 2019
…about two and a half hours…
https://twitter.com/washingtonpost/status/1189637263405264903
1:16 PM – 30 Oct 2019
Trump tweeted a photo of a Medal of Honor recipient — who was edited out and replaced by a dog
After reading the guy’s bio, I’m more surprised that he sounds like he really does deserve the Medal of Honor, as opposed to him being edited out of the photo and replaced by a dog. That part doesn’t surprise me at all.
It got edited to make more sense:
https://twitter.com/esjesjesj/status/1189608391947231234
But the multicolored baboon bottom medal was missing from Trump’s ribbon
I looked up the definition of ellipse, but it seems to have been edited:
“an ellipse … results when a con is cut by an obtuse plan which does [not] interest the base.”
LOL!
(There should be one in there for hyperbole: maybe? formed by the intersection of two equal cons with a plan)
works for me!
I’ll never understand Pelosi-Schiff. John Bolton’s lawyer says he will testify, but only if the House issues him a subpoena.
Are we not months past the point where asking nicely or using harsh language is adequate to get witnesses to testify about what they know and when did they know it? At this point, all “requests” should be accompanied by a subpoena.
At least now they are writing up the subpoenas and have them ready to go, early morning of the day of the deposition. Sure beats waiting to be blown off and then sending the damn thing…
Carol Leonnig at Wapo wrote that “ Former Trump national security officials said it was unheard of to store presidential calls with foreign leaders on the NICE system but that Eisenberg had moved at least one other transcript of a Trump phone call there.”
https://www.washingtonpost.com/politics/white-house-lawyer-moved-transcript-of-trump-call-to-classified-server-after-ukraine-adviser-raised-alarms/2019/10/30/ba0fbdb6-fb4e-11e9-8190-6be4deb56e01_story.html
Do we know anything about that call?
Not yet. (Maybe we’ll find out, but it appears that at least some of the time they had some reason to move the call record.)
I just noticed the “at least” one other call. please, gods…
Speculation: If Trump could damage the credibility of The Ukraine’s implementation of anti-corruption measures applied to the disbursement of US military aid to The Ukraine, then future US military aid to The Ukraine could be . . . curtailed, or worse.
However, had Trump, himself, been the corrupting influence at issue, then the damage to the credibility of The Ukraine’s anti-corruption implementation would be less effective at curtailing future US military aid to The Ukraine.
Sorry. But I can’t bring myself to type anything further along those lines without referring to Putin as Waldo. BMAZ will be upset. O bother.
Wut?
I carry my brain by my fingernails.
You could probably pinch mine up and not even notice 😉
Considering that currently Calf. Is being ravaged by fire and crickets from 45, I still go back to the fact he had phone call with Putin several days after 7/25 call with Zelensky offering assistance to put out Siberian wildfires. Has the read out of that call been made available? Does anyone know where it is stored? I guess it has been altered, but wonder if some mention of Ukranian thing got messed up so what is the next plan.
In the end will someone be able to legally release all these specially stored calls with read outs? Part of impeachment inquiry?
Trump has been putting the screws to Ukraine since at least Dec. 2017.
1] 10/24/19 White House delayed Ukraine trade decision in August, a signal that U.S. suspension of cooperation extended beyond security funds
https://www.washingtonpost.com/business/economy/white-house-delayed-ukraine-trade-decision-in-august-a-signal-that-us-suspension-of-cooperation-extended-beyond-security-funds/2019/10/24/a42b8992-f67d-11e9-8cf0-4cc99f74d127_story.html
2] Today: Key Senate Democrats probe White House’s handling of Ukraine trade benefits Inquiry draws Trump’s trade chief [Robert E. Lighthizer] closer to impeachment flames https://www.washingtonpost.com/business/2019/10/31/key-senate-democrats-probe-white-houses-handling-ukraine-trade-benefits/ Oct. 31, 2019 at 6:00 a.m. EDT
Added: It would be interesing to get some of these dates in a Trump Ukraine Extortion Timeline
Agreed. Betting we see a date even closer to Manafort’s indictment, but some time after that.
oooooh! I was hoping you’d agree! :-)
I suspect that Manafort may be trying to get US military aid to The Ukraine removed from the 2020 Republican Party platform.
Remember that change to the GOP party platform in 2016?
https://www.dailykos.com/stories/2019/10/31/1896311/-The-whistleblower-report-may-be-new-but-Trump-s-Ukraine-scandal-is-definitely-not
More for the Ukraine Extortion Timeline:
In Ukraine, the quid pro quo may have started long before the phone call
https://www.washingtonpost.com/opinions/did-the-trump-quid-pro-quo-begin-even-earlier-than-we-thought/2019/10/31/404b1b80-fc28-11e9-8906-ab6b60de9124_story.html
David Ignatius Oct. 31, 2019 at 8:01 p.m. EDT
Laura Rozen has some thoughts:
https://twitter.com/lrozen/status/1190110092017971201
8:35 PM – 31 Oct 2019
https://twitter.com/lrozen/status/1190111812320149504
8:42 PM – 31 Oct 2019
Rozen also retweets
https://twitter.com/mbaram/status/1190114392102322176
8:52 PM – 31 Oct 2019
This is an interesting news bit from September 2017. Worth watching again. May need a timeline of what he means by turnover.
https://www.whitehouse.gov/articles/president-trump-meets-president-poroshenko-ukraine/
For the Ukraine timeline:
https://www.whitehouse.gov/briefings-statements/readout-presidents-call-president-petro-poroshenko-ukraine/
And
https://www.whitehouse.gov/briefings-statements/readout-vice-presidents-meeting-ukrainian-president-petro-poroshenko/
And re-reading this piece was eye opening:
https://www.nytimes.com/2017/02/19/us/politics/donald-trump-ukraine-russia.html