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Impeachable Acts: What GOP Spin Can’t Change

[NB: note the byline, thanks. /~Rayne]

I wrote this in comments but in hindsight it should be shared as a post.

Nothing the GOP has said about the impeachment hearing witnesses, their testimony, the rules and circumstances, can change these facts.

Though this isn’t the word-for-word transcription of the July 25 call between Trump and Ukraine’s President Zelensky, the content not omitted or redacted in the published telephone conference memo is damning enough:

The GOP wants the public to forget that Trump asked for a favor.

The GOP wants people to forget that 18 USC 201 Bribery says no public official may demand or ask for anything of value for personal use, and Trump specifically mentions Biden during the call, making this about his personal re-election campaign.

The GOP wants people to forget that 52 USC 30121 Contributions (campaign finance) says no candidate may solicit anything of value from a foreign national.

The GOP wants people to forget Trump used his office for the purposes of campaign work — while not a Hatch Act violation, certainly an abuse of office.

The GOP wants people to forget that Trump removed former ambassador Marie Yovanovitch after assassinating her character — not merely removing her at his discretion as executive, but an unlawful retaliatory firing — also implying during the July 25 call that she would be harassed or persecuted in some way even though she had already been recalled from her position as Ambassador to Ukraine.

And the GOP wants want you to forget that Trump intimidated witnesses even as they testified before Congress, a violation of 18 USC 1512.

But facts are stubborn things and in this case, the facts before us are simple, straightforward, inescapable as presented during the hearings to date and in published government documents. Trump bribed Ukraine’s Zelensky, violated campaign finance law, tampered with witnesses, and abused his office.

We don’t even need to look at his extortion (18 USC 872) or weigh whether he committed Honest Services Fraud (18 USC 1346), or his role in obstruction of proceedings (18 USC 1505) and contempt of Congress (2 USC 192 – preventing witnesses from testifying or withholding evidence), or conspiracy to defraud the United States by agreeing to commit any of the above acts with Rudy Giuliani and/or others (18 USC 371).

Republican lawmakers, aides and strategists surveyed by CNBC’s John Harwood have uniformly treated Trump’s bribery — asking for foreign interference in our presidential elections again — as an inconvenience, some annoyance which will blow over.

None of the elected Republicans so far have been willing to live up their oath of office to defend and protect the Constitution against enemies foreign and domestic. The only elected Republican to do so had to leave the GOP because he believed impeachment hearings were warranted.

Voters can’t forget this at the polls: our democracy and the Constitution are inconveniences to the Republican Party.

Three Things: One Is Not a Transcript

[NB: Check the byline, thanks! /~Rayne]

“This thing, what is it in itself, in its own constitution? What is its substance and material? And what its causal nature (or form)? And what is it doing in the world? And how long does it subsist?”

— Marcus Aurelius, Meditations, Book VIII, sect. XI

I relied on Marcus Aurelius more than two years ago when looking at what we knew about the relationship between Michael Flynn and Donald Trump.

This same meditation provides a nice starting point after the release of a document purported by many to be a transcript (pdf) of the July 25 phone call by Trump to Ukraine’s president Volodymyr Zelensky.

~ 3 ~

What is this thing?

It says right there in black-and-white that it is a memorandum. It is NOT a transcript.

There’s a caveat at the bottom of the same page, too, explaining that it is NOT a transcript:

~ 2 ~

We’re told there was no quid pro quo. But what is this thing?

Zelensky said his country is ready for more military aid, and Trump said he wants a favor, though.

That’s a quid pro quo. It’s right there again, in print, something (like military aid) for something (like a favor).

~ 1 ~

This last thing to be examined is a little more tricky. It does whatever it can to avoid being taken at face value.


This is a member of Trump’s legal team, Rudy Giuliani. He’s been a member since April 2018.

He is not an ambassador to Ukraine. There is no current ambassador as one has not been nominated by Trump and approved with the advice and consent of the Senate according to Article II, section 2 of the Constitution.

Nor is he the Chargé d’Affaires as that role has been filled William B. Taylor, Jr. since June 2018. He is not the Deputy Chief of Mission at the U.S. Embassy in Kyiv; that role has been filled by Kristina A. Kvien since May 2019.

Nor is he a State Department employee in some other capacity besides ambassador.

He is not an employee of the Department of Justice or Federal Bureau of Investigation, which are responsible for criminal investigations. He was not a member of the Special Counsel’s Office.

He is not the White House Counsel; that role has been filled since December 2018 by Pat Cipollone.

Nor is he a member of Congress or a congressional staffer yet he says someone read to him the ‘transcript’ before any member of Congress received it.

Who or what is this thing? What is it doing? How does it subsist?

Because he’s not working for the American public though he’s been pushing for investigations into American citizens overseas.

Because he’s not furthering the investigation into Paul Manafort or the hacking of the DNC in 2016 as part of the Special Counsel’s Office investigation or as an employee of any other U.S. law enforcement.

Because he’s not representing broader American ties with Ukraine, only whatever it is his client and the rest of his legal team have assigned to him.

We can’t rule out that he’s working for Trump’s campaign in some capacity. It’s not clear any news media outlet has asked him if he is.

What is he really?

~ 0 ~

This is an open thread, but bring your comments about the whistleblower complaint and U.S.-Ukraine here.