The Virgin Birth of the First Rudy Giuliani-Mike Pompeo Call

In its story on the packet of State Department documents pertaining to Rudy Giuliani on Friday, NYT makes a significant error. It claims that Trump’s then-personal assistant, Madeleine Westerhout, helped arrange the first call between Rudy and Mike Pompeo.

The emails indicate that Mr. Pompeo spoke at least twice by telephone with Mr. Giuliani in March as Mr. Giuliani was urging Ukraine to investigate Mr. Trump’s rivals, and trying to oust a respected American ambassador to Ukraine, Marie L. Yovanovitch, who had been promoting anticorruption efforts in the country. Mr. Pompeo ordered Ms. Yovanovitch’s removal the next month. The first call between Mr. Giuliani and Mr. Pompeo was arranged with guidance from Mr. Trump’s personal assistant, the documents suggest. [my emphasis]

That’s an error that obscures one of the key questions that should arise from the packet: how the first call did get arranged.

The first call between Rudy and Pompeo happened on March 26 from 9:49 to 9:54 (PDF 39).

Westerhout’s first email in the packet was sent the next day, March 27, at 11:52, forwarding a request for a good contact for Pompeo from Rudy’s assistant Jo Ann Zafonte (PDF 55).

Then, on March 28, Rudy himself calls the number State gave his assistant, State’s schedulers, and schedules a call for the next morning. State informs his assistant about it via email (PDF 44).

I laid all this out in this post.

From that point forward, the second call with Rudy, which took place on March 29, shows up over and over again, as Pompeo’s schedulers record it in multiple versions of his schedule for the day and State’s control people arrange for it and discuss whether a monitor will be on the call. It, unlike the first call, also shows up in the metrics on Pompeo’s calls for the month.

That tells us two things: the first call happened without any formal planning, or even the involvement of Trump’s or Rudy’s assistants; Rudy’s assistant did not have any good phone number to call on March 27, the day after the first call, and Rudy himself used the number State gave Zafonte, so he obviously didn’t have a number for Pompeo either. And the first call happened without all the formal tracking that control the Secretary of State’s calls.

There’s a very likely explanation for all this, one that would explain so much else about how State dealt with the campaign against Marie Yovanovitch: that Trump put that call through and told Pompeo he wanted the Secretary of State to take Rudy’s efforts seriously.

Update: The NYT has removed any description of which call this was, without noting the correction or explaining why it matters.

Timeline: How Rudy Made It Hard for Mike Pompeo to Show Any Leadership

American Oversight FOIAed the documents showing Rudy Giuliani’s campaign to smear Marie Yovanovitch and the Bidens at State. For some of these, this represents another instance where NGOs have successfully obtained documents refused to Congress, but many of these were turned over to Congress by State’s Inspector General Steve Linnick in early October.

I did a thread on the documents here, but wanted to lay out the timeline of what the documents include. What it shows is that Rudy Giuliani and Mike Pompeo spoke twice around the time Rudy delivered a packet of disinformation to the Secretary of State. When Rudy’s campaign started showing publicly, with response from other Ambassadors and Congress, Department of State blew off their concerns.

March 26-29: Rudy shares a packet of information with Mike Pompeo wrapped up with Trump and White House labels

The bulk of these records document Mike Pompeo talking with Rudy Giuliani twice — on March 26 and 29 — and appear to include the materials they talked about, the packet of disinformation Rudy sent to State. The March 26 call does not appear in some of the month-long metrics sheets (see PDF 43), which makes me wonder whether Rudy called out of the blue.

March 26, 9:49AM: S (Pompeo) speaking with Rudy

March 26, 9:53AM: S finished speaking with Rudy

Pages 59-100 appears to be the disinformation packet Rudy sent, as follows:

  • Cover sheet addressing the packet, ostensibly from the White House (59)
  • Trump Hotels cover sheets (60 and 73; 77 and 88)
  • Initial copy of Viktor Shokin notes (61-62)
  • One copy of Yuriy Lutsenko notes, with underlines on section Lutsenko interview (63-66)
  • Annotated copy of Shokin notes (67-68)
  • Annotated copy of Lutsenko notes, incorporating original underlines (69-72)
  • A list of names (including Sergii Luschenko) (74)
  • A March 2016 letter from George Kent on US Embassy in Ukraine letterhead responding to a query about how US assistance was spent, with a post-it titled “Solomon articles” (75-76)
  • Two timelines (in another Trump folder) with no headers or title, ostensibly laying out Obama Administration corruption; the second has a post-it querying about its source (78-87)
  • Four John Solomon articles: one dated March 20 claiming Lutsenko had opened an investigation into how the Black Ledger was released, claiming it was a plot to help Hillary; another dated March 20 reporting Lutsenko claiming Yovanovitch had given him a do not prosecute list; a third dated March 20 reporting Lutsenko’s claim he had opened an investigation into the Black Ledger release; the draft of the March 26 column sent to Lev Parnas, Joe DiGenova, Victoria Toensing, and claiming the US embassy had shut down an investigation into a Soros backed anti-corruption group; the March 26 draft was sent from an unidentified ProtonMail account to someone unidentified (89-100)

That packet seems to show that Solomon wrote his four articles smearing Yovanovitch and Democrats based in part on the notes Rudy took in meetings with Shokin and Lutsenko. The draft status of the last Solomon article suggests that they were shared sometime on March 26, before it was posted.

March 27, 11:28AM: Rudy’s assistant, Jo Ann Zafonte, emails Trump’s then personal assistant Madelein Westerhout, asking for a number for Pompeo

March 27, 11:52: Westerhout asks someone what number she can have.

March 27, 12:03: In response, State gives Westerhout the scheduler’s number.

March 28, 9:27AM: Rudy (apparently, himself) calls to confirm the call on March 29

March 28, 9:34AM: State Ops Center emails someone whose name is redacted to ask if there will be monitors on Rudy’s call to Pompeo

March 28, 9:37AM: The person with redacted name informs David Hale about the call

March 29, 8:14AM: State puts Pompeo through to Rudy on his unsecure cell phone

March 29, 8:18AM: The call ends

April 1, 1:30: Pompeo speaks to Nunes (in one case described as HPSCI “Chairman”) on a secure line

April 8-15: Bill Taylor and other Ambassadors write David Hale about the smear of Yovanovitch

Pages 2-22 show Bill Taylor and other Ambassadors sending a letter decrying the attack on Yovanovitch (it was organized by John Herbst) to David Hale. The letter explained that the attack would not only weaken “the structure of our diplomatic engagement,” but “weaken the alliance” with Ukraine, “making it harder to take effective action against corruption.”

Hale forwarded it to Counselor Thomas Brechbuhl and Philip Reeker, as an FYI. Later that day, Reeker sends Brechbuhl an email memorializing a meeting about the topic which is entirely redacted under a deliberation exemption. The next day, Herbst sent a copy to Brechbuhl and someone else, the latter of whom responded to the FOIA. Herbst explained, “As we offered David, we would be happy to provide further information…” Brechbuhl responded mid-day the next day saying, “Thank you for your concern and offer. It’s much appreciated” — a polite brush-off.

On April 15, Hale sends it to someone whose name is redacted saying, “Not sure what to do with this.”

April 12-Jun 11: State ignores the concerns of Steny Hoyer and Eliot Engel

Pages 27-31 and 34-37 involve an April 12 letter Steny Hoyer and Eliot Engel sent to Pompeo urging him to defend his diplomats, using Yovanovitch as the urgent example. Internally, State (including Charles Faulker, who has been ousted for corruption) note that the Congressmen will not make the letter public. But Mary Elizabeth Taylor, the Legislative Affairs Assistant Secretary, does ask that it be tasked and turned around quickly.

Nevertheless, Taylor does not respond until June 11, in a letter in which she deflects with the Congressmen, claiming that Yovanovitch was due to finish her assignment this summer, and the end of her service coincided with the presidential transition in Ukraine.

Other

This doesn’t fit into the timeline at all, but pages 23-25; 32-33 include details Trident Acquisitions Chairman Edward Verona sent to Mike McKinley (these are included because he makes a reference to Yovanovitch) about a November 2018 visit to Ukraine.

The Proper Recipients for Lev Parnas’ Allegations Are the Ethics Committee and SDNY

CNN has a follow-up to Daily Beast’s story describing the jaunt Devin Nunes took to Vienna last December to dig up fabricated dirt on Joe Biden. It describes two things Parnas wants to share with HPSCI. First, Parnas wants to spill details about the Ukrainians, including Viktor Shokin, he set up Nunes with to pursue the Biden smear that has been the centerpiece of Trump’s impeachment defense.

“Mr. Parnas learned from former Ukrainian Prosecutor General Victor Shokin that Nunes had met with Shokin in Vienna last December,” said Bondy.

[snip]

Bondy tells CNN that his client and Nunes began communicating around the time of the Vienna trip. Parnas says he worked to put Nunes in touch with Ukrainians who could help Nunes dig up dirt on Biden and Democrats in Ukraine, according to Bondy.

Parnas confirms something I noted: the timing, between the time Republicans got shellacked in midterm elections and the time Adam Schiff took over as House Intelligence Committee.

Bondy told CNN that Nunes planned the trip to Vienna after Republicans lost control of the House in the mid-term elections on Nov. 6, 2018.

“Mr. Parnas learned through Nunes’ investigator, Derek Harvey, that the Congressman had sequenced this trip to occur after the mid-term elections yet before Congress’ return to session, so that Nunes would not have to disclose the trip details to his Democrat colleagues in Congress,” said Bondy.

Additionally, he wants to describe the “team,” including Rudy, Victoria Toensing and Joe DiGenova, Nunes’ chief conspiracist Derek Harvey, and John Solomon, that got together at Trump International to advance these smears.

Bondy tells CNN that Parnas is also willing to tell Congress about a series of regular meetings he says he took part in at the Trump International Hotel in Washington that concerned Ukraine. According to Bondy, Parnas became part of what he described as a “team” that met several times a week in a private room at the BLT restaurant on the second floor of the Trump Hotel. In addition to giving the group access to key people in Ukraine who could help their cause, Parnas translated their conversations, Bondy said.

The group, according to Bondy,  included Giuliani, Parnas, the journalist Solomon, and the married attorneys Joe diGenova and Victoria Toensing. Parnas said that Harvey would occasionally be present as well, and that it was Parnas’ understanding that Harvey was Nunes’ proxy, Bondy said.

Solomon confirmed the meetings to CNN but said that calling the group a team was a bit of a mischaracterization. Solomon said that connectivity happened more organically, and that his role was only as a journalist reporting a story.

A detail Parnas offers that is probably not true is that Nunes was working off John Solomon stories.

Parnas says that Nunes told him he’d been partly working off of information from the journalist John Solomon, who had written a number of articles on the Biden conspiracy theory for the Hill, according to Bondy.

That timing doesn’t work, as the key Solomon stories came out after the December trip. This appears to be an attempt on Parnas’ part to hide his role not just in translating the stories, but concocting them.

The story has generated a lot of excitement among the left, with people calling to give Parnas’ attorneys exactly what they’re looking for, a date with HPSCI.

That would be a mistake.

I say that for several reasons. First, this is part of a larger disinformation campaign, in which Parnas is a key player. He is legally fucked and has little downside to share just part of his information, while leaving the key bits (such as who is behind the larger campaign) obscured. His lawyers no doubt want to wring immunity from HPSCI to screw up the SDNY case.

But thus far, particularly given HPSCI’s narrow focus, Parnas’ story doesn’t help the impeachment case much. Moreover, it risks inserting disinformation into a thoroughly credible story of corruption. More importantly, it would make most Republicans  even more defensive, as members of HPSCI came under scrutiny, making it less likely rather than more they’d support impeachment.

Finally, Schiff has gotten nowhere with his demands for the documentary backup to these stories. Thus, HPSCI would be at a distinct disadvantage in trying to suss out what was true and bullshit in Parnas’ claims (in the same way that both HPSCI and SSCI did not have the key details on Don Jr’s involvement in 2016 events, which is why he would meet with them but not Mueller).

The proper place in Congress for these allegations is the Ethics Committee. Schiff has the ability to ask all three staffers and Nunes to step down from the committee until such issues are adjudicated, where they would be pursued in private, tamping down the polarizing aspect of this.

And, too, these allegations also belong in FBI, where they already are, with investigators whose subpoena power actually works. Anything that would undercut that effort would backfire in the long run.

Will Hurd

Will Hurd’s Sparkle Pony Approach to the Solemn Duty of Upholding the Constitution

There was yet another stunning impeachment hearing, with Fiona Hill and David Holmes laying out yet more evidence that Trump subordinated the national security of the United States to his own personal needs.

But that didn’t sway Will Hurd, who used his minutes at the end not to ask the question he has asked of many other witnesses, for a list of Ukrainians close to Volodymyr Zelensky with whom Rudy was interacting (Holmes had already made clear the list is much longer than the list Hurd had previously used to dismiss the inquiry).

Instead, he used his time to:

  • Grossly misrepresent the totality of the inquiry to two words in Trump’s call
  • Admit that this is a terrible precedent (one that Trump has already repeated with other countries)
  • Affirm that Trump’s actions harmed national security
  • Grossly misrepresent crystal clear messages to Ukraine, pretending they were unclear to the Ukrainians
  • Call willful actions for personal benefit a “bungling” foreign policy
  • Accuse Democrats (and nonpartisan witnesses) of undermining Ukraine for observing its reliance on us
  • Falsely claim there were differences of opinion about the call: no witness expressed having no concern about it
  • Call an investigation in which not a single witness was a partisan Democrat (just Tim Morrison, as a Congressional staffer, and Jennifer Williams, as a George W Bush campaign worker expressed any partisan affiliation) an extremely partisan process
  • Completely ignore Trump’s violation of the Budget Impoundment Act to create his extortion, effectively blessing the usurpation of his own power as a Congressman
  • Remain silent about the Administration’s refusal to cooperate at all in the inquiry, withholding every senior official’s testimony

Most cynically, though, Hurd blamed the focus on the President’s crimes for the distraction from Ukraine, not the President’s crimes itself. He blamed Democrats for the shift of focus, not the Administration’s refusal to respond to very simple, bipartisan requests about Ukraine, most notably on funding.

Then he suggested this investigation was rushed.

The delay is hurting Ukraine (and our own national security), but the inquiry has been rushed, said the former CIA officer.

And then, he laid out what he needed to assess whether this was really a crime: more testimony. Not from Mike Pompeo, Rick Perry, Mick Mulvaney, or John Eisenberg, all of whom can answer key questions that remain unanswered.

But from three people who should not testify:

  • Rudy Giuliani (because he is being criminally investigated for this activity and it’d be insane for him to do so–which is probably why he refused Lindsey Graham’s request for testimony)
  • Hunter Biden (because there has been no credible claim he did anything that Trump’s children aren’t currently doing)
  • The whistleblower (because every other witness has corroborated the whistleblower’s complaint and the President has already been retaliating against him for a month)

In short, Hurd offered up these three impossible witnesses, knowing that neither Democrats nor Republicans would agree to the request, as his condition to consider the matter further.

Hurd admitted in his statement that this is a gravely serious duty under the Constitution. And, having admitted that seriousness, he asked for a Sparkle Pony — something he knew he would not get — to excuse his own cowardice for refusing to do anything about Trump’s abuse of office.

Paul Manafort Knew of His Inclusion in the Black Ledger Two Months before NYT Story

In spite of Fiona Hill’s warnings not to peddle in Russian backed disinformation, the seemingly single frothy right talking point today is to embrace the claim that Ukraine, like Russia, tried to tamper in the 2016 election.

None of them have noted the fact that Paul Manafort confessed that he discussed carving up Ukraine and how to win Michigan in a meeting where he talked about how to get back on the gravy train of Ukrainian oligarchs  Serhiy Lyovochkin and Rinat Akhmetov (as well as Russian oligarch Oleg Deripaska).

Instead, they’ve tried to pitch Ukrainians standing up for the territorial integrity of Ukraine as anti-Trump, in contradiction to Trump’s sworn answers to Robert Mueller. They’ve also accused Republican-paid experts doing open source research on Russian and Ukrainian corruption of being Democratic operatives. In particular, they’ve misrepresented sworn testimony to launch a claim that Sergii Leshchenko was a source for the Steele dossier and/or he said something mean about Paul Manafort, the aforementioned confessed recipient of Ukrainian influence peddling during the 2016 election.

The other day, Leshchenko debunked such claims, in part by noting that the version of the Black Ledger he released had had the Manafort related entries stripped from it.

I published the first portion of the “black ledger” on May 31, 2016. I published 22 pages from the secret manuscript of the Party of Regions, which was sent anonymously to my official email address at the parliament’s domain. The document listed under-the-table cash payments to Ukrainian politicians, lawmakers, judges and members of the Central Election Commission. However, Manafort was not mentioned there. His name was not in the 22 pages I obtained.

I did not have any other pages except for these ones, although I now know it was an excerpt from more than 800 pages that the black ledger contained. Believe me, had Manafort’s name been in the pages I obtained, I would have published it, because I think Manafort helped establish one of the most outrageously corrupt regimes in the world, headed by Yanukovych.

I learned that Manafort was featured in the full version of the black ledger only on Aug. 14, 2016 when the New York Times reported it. The day before, I was contacted by a Times’ journalist and asked if I knew anything about Manafort in Yanukovych’s records. I said I didn’t, and it was true. If I had that information, I would have been the first to publish it.

Four days after the New York Times article, on Aug. 18, 2016, the National Anti-Corruption Bureau of Ukraine, or NABU, officially confirmed that Manafort’s name appeared in the black ledger. According to it, he received cash payments of more than $12.7 million.

That raises the significance of something else Leshchenko notes (but which has largely escaped notice of the press here).

In a February 14, 2018 interview, member of the far right in good standing Steve Bannon told Robert Mueller that Manafort knew the story of his inclusion in the Black Ledger was coming two months before it came out in the NYT. (PDF 112-113)

Bannon told Trump he would take the position as Campaign Chief Executive.

At the time Trump was 16 points down, the campaign had no organization, no money, 75 % of the population thought the country was in decline, they were working with the “deplorables,” and Bannon had a 100% certitude that they would win . Bannon believed the big task was to give people permission to vote for Trump as commander in chief.

The next day Bannon met with Manafort, which was the same time that the news about the “Black Ledger” was breaking. Bannon was at campaign headquarters when Manafort told Bannon to come up to Trump Tower. When Bannon arrived, Manafort showed him something about a NY Times story about the ”Black Ledger” and $15 million dollars from the Ukraine. Bannon asked when t his story was coming out. Manafort replied that he had known about the story coming out for approximately 2 months and had not gotten involved in it. Bannon subsequently told Trump to keep Manafort, to not fire him, and to keep him around for a couple of weeks. Bannon called Kushner, and asked him to get back in order to do something publicity wise to counteract the negative press surrounding the story. Trump had asked Bannon at one time about “what was this thing with Manafort out of the Ukraine,” and they talked for approximately 15 minutes on it . Trump was never linked with other Russian news stories at the time, and he believed Manafort was a promoter . Trump was more worried about how they story made them look . Bannon believed that Trump talked with Manafort about the story.

There are several implications about this story, starting with the fact that Bannon didn’t think the story required Manafort to resign. Importantly, this means Manafort recognized that he would be implicated by the Black Ledger even though his name was not published in what Leshchenko released.

Significantly: If there was an impact by the story breaking in August 2016 — if it did damage to the Trump campaign — Trump has one person to blame for that. Paul Manafort, both because of his real corruption, but also because he didn’t warn the candidate.

Not Sergii Leshchenko. But Paul Manafort.

The same guy who Russian-backed Ukrainians had targeted for influence just 12 days before the story broke.

Devin Nunes Billed Taxpayers $63,000 for a Jaunt to Europe Chasing Accused Fraudster Lev Parnas’ Disinformation

Betsy Woodruff Swan just put the maraschino cherry on the impeachment sundae with this story describing how Lev Parnas served as tour guide for a trip Devin Nunes, failed NSC staffer Derek Harvey, and two other House Intelligence staffers took to Europe last year.

Lev Parnas, an indicted associate of Rudy Giuliani, helped arrange meetings and calls in Europe for Rep. Devin Nunes in 2018, Parnas’  lawyer Ed MacMahon told The Daily Beast.

Nunes aide Derek Harvey participated in the meetings, the lawyer said, which were arranged to help Nunes’ investigative work. MacMahon didn’t specify what those investigations entailed.

Nunes is the top Republican on the House committee handling the impeachment hearings—hearings where Parnas’s name has repeatedly come up.

Congressional records show Nunes traveled to Europe from Nov. 30 to Dec. 3, 2018. Three of his aides—Harvey, Scott Glabe, and George Pappas—traveled with him, per the records. U.S. government funds paid for the group’s four-day trip, which cost just over $63,000.

The travel came as Nunes, in his role on the House Intelligence Committee, was working to investigate the origins of Special Counsel Robert Mueller’s probe into Russian election meddling.

There’s much that’s crazy about the story: The inclusion of Harvey, a Mike Flynn loyalist who got fired from NSC; the role of Parnas’ lawyer, Ed MacMahon (who seems to be aiming to discomfort as many of the powerful people Parnas interacted with as possible); and the release of this story at the end of a week during which Nunes offered debunked conspiracy after debunked conspiracy in a bid to defend Trump.

But it’s the timing of the trip I find most interesting. While I’m sure Swan has a reason to invoke Nunes’ efforts to undercut Mueller, the trip actually comes long after HPSCI had moved on from trying to confuse about the Russian investigation. The effort had been picked up by a joint House Judiciary/Oversight effort; and even that was largely over by December 2018. Just as interestingly, the trip came after Republicans got shellacked in mid-term elections but before Democrats took over in the House. That is, this seems like a last ditch effort to chase down something that accused fraudster Lev Parnas was dangling in front of easy marks, while Nunes still had unfettered ability to squander taxpayer funds.

Devin Nunes has spent 2.5 years squealing that a respected Russian expert, Christopher Steele, shared information with DOJ with our own experts on organized crime, because that information was paid for by DNC. But he’s now billing taxpayers to chase after disinformation from an obvious grifter.

Elise Stefanik Makes Case that Don Jr and Eric Trump Must Resign from Trump Organization

The first of today’s two impeachment hearings just finished up. While Adam Schiff and Dan Goldman remained sharp, Steve Castor remained lackadaisical, and Devin Nunes and Jim Jordan remained disgusting, much of the rest of the committee, on both sides, seemed less engaged than in last week’s hearings. Bizarrely, Republicans spent much of the hearing asking witnesses Alexander Vindman and Jennifer Williams — both of whom were direct witnesses to the call to which Republicans want to limit the impeachment inquiry — to provide hearsay testimony about Burisma and Hunter Biden.

The highlight of the hearing came when Vindman, who had been smeared with questionable loyalties leading up and during the hearing, explained that he told his father not to worry about him testifying because, “This is the country I’ve served and defended. That all of my brothers have served. And here, right matters.”

Because of her stunt in last Friday’s hearing, I’m interested in what Elise Stefanik did.

First, she got demoted. Her male colleagues treated her like the junior committee member she is, rather than giving her top billing. That, by itself, made it clear she was used last week as a token.

When it finally came around to her turn three and a half hours into the hearing, she then focused on talking points she has adopted — that under Trump (in part forced by Congress) Ukraine has gotten assistance and continued to work on corruption, no investigation into Joe Biden got started, and the aid ultimately got released.

But as part of that, she walked Vindman through an attack on Burisma, first misquoting him saying that in Ukraine, generally, tax evasion and money laundering are a problem, to apply that to Burisma. She then said,

I know that my constituents in NY-21 have many concerns about the fact that Hunter Biden, the son of the Vice President, sat on the board of a corrupt company like Burisma.

It’s a wonderful sentiment, really, that Congress should dictate what the family members of top officials should do to make money.

But since she has expressed this concern, I assume she feels the same about two other children who occupy top positions in a company with a documented history of facilitating money laundering and credible allegations of tax evasion, particularly given that her own state, New York State, found that these children, Don Jr and Eric Trump, as well as their sister, must be barred from running any charities in the state.

Since Elise Stefanik has stated, in front of the nation, that the children of top government officials must not have leadership positions in corrupt companies with money laundering and tax evasion problems, surely she’ll call for the President’s sons to step down from the family business?

The Gaping Hole in the Impeachment Investigation Where Bruce Swartz Should Be

In her testimony Friday, Marie Yovanovitch repeatedly said that, if Trump believed that Burisma needed to be investigated, there were official channels to do so.

That’s a part of the impeachment inquiry that hasn’t received enough attention — but is likely to receive a lot more starting tomorrow, when Kurt Volker testifies.

That’s because his story seems to have a big gaping hole where Bruce Swartz, the Deputy Assistant Attorney General for International Affairs, should be.

There’s a subtle detail about the efforts to get Ukraine to investigate the Bidens that needs more attention — and elucidation: a purported effort by Kurt Volker to get Bruce Swartz to officially ask Ukraine to investigate the Bidens. He would have been in the loop in any normal requests between the US and Ukraine.

As Trump’s people were pressuring Ukraine to open up an investigations for Trump, Andriy Yermak deferred by asking for an official request from the US government to open such an investigation. As an experienced diplomat, Kurt Volker proposed doing what should happen next, calling Bruce Swartz to put such investigations into formal channels. But according to him, this inexplicably never happened.

A Hi, did you connect with Andriy? Yeah.

Q And then what did You say?

A Not yet. Will talk with Bill and then call him later today. Want to know our status on asking them to investigate.

Q Okay. What did you mean by “our status on asking them to investigate”?

A Whether we had ever made an official request from the Department of Justice.

Q And then skipping down later, you say: Hi — this is August 17th, 2019, at 3:02 — Hi, I’ve got nothing. Bill — meaning Bill Taylor, correct?

A Yes.

Q Had no info on requesting an investigation. Calling a friend at DOJ, Bruce Schwartz (ph). Who is Bruce Schwartz (ph) ?

A Bruce Schwartz is a senior official in the Department of Justice responsible for international affairs, someone I’ve known for many years.

Q Did you reach out to Mr. Schwartz (ph) about mentioning these investigations or whether — I’m sorry, strike that. Did you reach out to Mr. Schwartz (ph) about whether the U.S. had ever requested an official investigation in Ukraine about these two issues that we’ve been talking about?

A I reached out to him and we did not connect.

Q So you never spoke with Bruce Schwartz (ph) ?

A At this — not at this — not in — well

Q Not in this context?

A Not in this context and not since then.

Q Did you speak with anyone at DOJ about whether the U.S. had requested an official investigation?

A No, I did not. I did ask I did ask our Charge to also check. And I later understood that we never had. And because of that was another factor in my advising the Ukrainians then don’t put it in now.

Q You told the Ukrainians don’t put it in the specific investigation?

A Yes, yes.

Q Did you speak with the Ukrainians about whether or not the U.S. had ever requested an official investigation?

A It came up in this conversation with Andriy about the statement, and he asked whether we ever had. I didn’t know the answer. That’s why I wanted to go back and find out. As I found out the answer that we had not, I said, well, let’s just not go there.

Q So Mr. Yermak wanted to know whether the U.S. DOJ

A Yes.

Q had ever made an official request?

A Yes. He said, I think quite appropriately, that if they are responding to an official request, that’s one thing. If there’s no official request, that’s different. And I agree with that.

Q And then Ambassador Sondland then asked: Do we still want Zelensky to give us an unequivocal draft with 2016 and Burisma?

A Yes.

Q And you responded how?

A I said: That’s the clear message so far.

Q That’s the clear message from whom?

A From Giuliani and what we had discussed with Gordon. That’s the clear message so far .

[snip]

Q And, to your knowledge, there never was an official United States Department of Justice request?

A To my knowledge, there never was. And about this time, I stopped pursuing it as well, because I was becoming now here convinced this is going down the wrong road.

For his part, Bill Taylor opposed even calling Swartz, because it was so improper to ask Ukraine to investigate an American in the first place.

Q There was a reference to reaching out Department. You mentioned Deputy Assistant Attorney General, which I assume is Bruce Swartz.

A It is.

Q Did you ask Ambassador Volker to reach out to Bruce Swartz?

A He volunteered to do that.

Q Okay. And what was the feedback from Swartz?

A I don’t know that they ever connected.

Q Okay. And was there any followup effort to close the loop with the Justice Department?

A No. I thought the whole thing was a bad idea.

Q You thought it was a bad idea to reach out to Bruce Swartz?

A No. I thought the idea of the Americans asking the Ukrainians to investigate a violation of Ukrainian law was a bad idea.

Q Okay

A But Kurt, for some reason, wanted to pursue that. And when he volunteered to take that question to Bruce Swartz, that was fine with me.

Q Okay. I mean, is it possible that Swartz’s feedback on that issue would have been compelling to the group? Like, why didn’t anyone fo1low up with Swartz?

A No idea.

State’s Special Adviser for Ukraine Catherine Croft, in attempt to distance herself from any role in pushing investigations, seems to have filled in a key detail here. Or perhaps created a huge void. She says she did reach out to Swartz. She doesn’t know whether he and Volker connected, but doesn’t think so.

But she thinks that Volker didn’t really want to talk to Swartz.

He wanted to speak with Bill Barr.

A No. No. I had no involvement in anything related to — the one exception is, I did send one email to Bruce Swartz at DOJ relaying Ambassador Volker’s request for a meeting with the Attorney General.

Q Okay.

A And when asked what the topic was, I said 2016 elections.

Q Okay.

A But that’s where my involvement in that ended. I just related that, and then I understood those two to be in contact.

Q Do you know if Ambassador Volker had tried to call Bruce Swartz?

A I believe he did.

Q And do you know if Bruce Swartz replied?

A I don’t know.

Q And he instructed you to email Bruce Swartz to see about the viability of Ambassador Volker meeting with the Attorney General?

A He just sort of gave me a vague direction to get him a meeting with the Attorney General, so that was my job.

Q 0kay. So you emailed Bruce Swartz?

A Yes.

Q Did you call Bruce Swartz?

A No, I don’t think so. I think I just — I think I just emailed him.

Q Did he email you back?

A Yes. And then I put him in touch with Kurt and then I was out of the —

Q You put him in touch with who?

A With Ambassador Volker.

Q And did they having a meeting?

A I don’t know.

Q So you don’t know —

A I don’t think so. I don’t think. But not that I’m aware of. [my emphasis]

This should raise all sorts of questions. Because if Volker — by whatever means — bypassed Swartz and instead made the request of Barr, then it would make Barr (yet again) more central to this story. And it might explain how all his narrow denials (he never spoke to Ukraine directly, he never made a request of Ukraine directly, but nevertheless some Ukrainian “volunteers” bearing “evidence” did get to John Durham can be true.

Moreover, it would be consistent with what Barr was doing in the same time period, flying around the world asking foreign countries to invent dirt on Democrats.

There’s a reason this request never got to Bruce Swartz. And that goes to the core of the impropriety of this ask.

And there’s an enormous irony (or one might say, a hypocrisy) about this.

Along the frothy right’s complaints about the contacts that Russian organized crime expert Christopher Steele had with organized crime experts at DOJ like Bruce Ohr, they’ve also complained that Ohr passed Steele’s information (almost certainly pertaining to Paul Manafort) onto other organized crime experts.

Including Bruce Swartz. Here’s John Solomon’s version. Kimberley Strassel’s. Sara Carter’s. Mollie Hemingway’s. And Fox News.

In short, a key complaint about Christopher Steele’s sharing of information is that the ways it got shared at DOJ include the experts and official channels who should handle such things.

Precisely the opposite has occurred with Bill Barr’s witch hunt. And yet none of the frothy right are complaining that Bill Barr’s investigation doesn’t meet the standards that Christopher Steele’s did.

The Conflict between the GOP’s “Hearsay” and “Whistleblower” Defenses

Sometimes Byron York is useful because he clarifies just how stupid and contradictory right wing talking points are.

Today, he claims that, for both the Russian investigation and impeachment, Democrats don’t want anyone to know how the investigation started.

Should the whistleblower have connections to prominent Democrats, exposure of his identity could be embarrassing to the party. And perhaps most of all, reading through the impeachment inquiry depositions that have been released so far, it’s clear that cutting off questions that could possibly relate to the whistleblower has also allowed Democrats to shut off any look at how the Trump-Ukraine investigation started. Who was involved? What actions did they take? Why did some government employees think President Trump’s July 25 call to Ukrainian President Volodymyr Zelensky represented a lost opportunity, or poor judgment, while others thought it represented wrongdoing requiring congressional investigation?

Democrats do not want the public to know. And in that, their position is familiar to anyone who has watched Washington for the last two years: The Democrats’ determination to cut off questions about the origins of the Trump-Ukraine investigation is strikingly similar to their determination to cut off questions about the origins of the Trump-Russia investigation. In both cases, they fought hard to keep secret the origins of investigations that have shaken the nation, deeply divided the electorate, and affected the future of the presidency.

Regarding the Russian investigation, Byron (like most denialists) can’t seem to get his head around the fact that a crime happened — a hostile foreign government hacked political targets — and the FBI started to investigate. They honestly appear to believe the FBI should not investigate hacks, generally, or maybe just not those attributed in real time to hostile foreign actors.

But the claim is even stupider with regards to the impeachment inquiry for reasons laid out right there in the middle of his argument.

It’s not the whistleblower who responded to the July 25 call with shaking anger. It’s not the whistleblower who recognized it was so incriminating, the call record had to be censored and hidden on a Top Secret server.

The people who started the investigation that led to impeachment were all on the July 25 call. Republicans suspect that Alexander Vindman was one of them; they suspect that he was the person who went, “visibly shaken,” and shared details about a ‘crazy,’ ‘frightening’ and ‘completely lacking in substance related to national security'” call with  a colleague who then wrote up his concerns rather than just sharing them with John Eisenberg, who was finding several ways to bury the damning report. But the whistleblower complaint itself describes that “multiple White House officials with direct knowledge of the call” shared their impression of it with the whistleblower. We know, for example, that Mike Pence aide Jennifer Williams agreed with Vindman.

Even Tim Morrison, a fire-breathing Republican who claims he doesn’t think Trump committed a crime, recognized the call was problematic.

Mike Pompeo, the Secretary of State, responded to publicity about the call by lying about being on it, then refusing to testify about it, which isn’t exactly a sign that he thinks it’s a “perfect” call.

This investigation could not have been “started” by the whistleblower, contrary to what dullards like Byron claim, for the same reason they complain that George Kent and Bill Taylor and Marie Yovanovtich weren’t appropriate witnesses because they weren’t on that call. That’s because the whistleblower wasn’t on the call. Someone — multiple people, as it turned out — had to share details of the call with him before he put all the other dots together in his complaint.

Mind you, the claim of hearsay is false, as all the witnesses have direct knowledge of the wider operation to extort Ukraine. In the case of the whistleblower, for example, Republicans continue to falsely claim he had no direct knowledge of these matters; his description of the July 18 call where OMB announced a hold on aid is not cited to other people.

Still, it’s the larger point that Byron helpfully demonstrates is so stupid. It cannot be true that we need to learn about the whistleblower to understand how all this started and also be true that the whistleblower’s view is meaningless because he was operating exclusively from hearsay. The claim itself underscores that multiple people on the call itself objected when they heard the president extort a foreign leader.

But something more basic is true: This investigation started because the president extorted a foreign leader while a dozen witnesses were listening.

Jim Jordan Accuses Trump of Lying to Mueller in Latest Defense against Impeachment

Among the efforts Republicans employed to excuse the President’s inexcusable behavior in yesterday’s impeachment hearing, they tried to lay out reasons why Trump could legitimately think Ukraine was out to get him. Among the things Steve Castor laid out includes an op-ed Ukraine’s then Ambassador to the US Valeriy Chaly placed in the Hill in early August 2016, laying out how outrageous it was that Trump had recently suggested he would entertain recognizing Russia’s annexation of Crimea.

“Can you see how the simple fact of writing an op-ed, the Ukrainian Ambassador to the US might create a perception that there are elements of the Ukrainian establishment were advocating against then-candidate Trump,” GOP counsel Steve Castor asked about an op-ed in which Ukraine’s Ambassador defended the territorial integrity of his country and invoked resolutions where the US had committed to do so too. “That’s a tremendously sensitive issue in Ukraine,” Marie Yovanovitch explained, as if it weren’t evident.

In spite of how obvious that explanation for the op-ed is, Jim Jordan nevertheless returned to this attack, claiming that the op-ed was an example of an Ambassador trying to influence a host country election and suggesting Yovanovitch was negligent in not telling Ukraine to stop defending its territorial integrity. (Jordan also lobbed the Nellie Ohr attack that even Devin Nunes seems to have recognized constituted an attack on an experienced organized crime researcher being paid by GOP billionaire Paul Singer.)

Republicans are not outraged by John Solomon’s hit job in the Hill targeting an Ambassador who has served presidents of both parties, they’re not outraged that Mike Flynn was writing an op-ed to be placed in the Hill that was paid for by the Turkish state even while getting Top Secret briefings with Trump as candidate.

They are, however, outraged that a Hill op-ed by Ukraine’s Ambassador to the US points out that America has made past commitments to protect Ukraine’s territorial integrity.

But there’s something still crazier about this line of defense.

Chaly’s op-ed could only be viewed as an attack on Trump if he did, in fact, advocate recognizing Russia’s annexation of Crimea. Otherwise, the op-ed would simply be a matter of policy, as Yovanovitch patiently explained to Castor.

And it turns out that Trump has represented, in an answer submitted under oath to Robert Mueller, that he had no policy stance on Crimea. Mueller asked whether the very comments that the Chaly op-ed addressed represented an intention to recognize Russia’s annexation of Crimea.

On July 27, 2016, in response to a question about whether you would recognize Crimea as Russian territory and lift sanctions on Russia, you said: “We’ ll be looking at that. Yeah, we’ll be looking.” Did you intend to communicate by that statement or at any other time during the campaign a willingness to lift sanctions and/or recognize Russia’s annexation of Crimea if you were elected?

1. What consideration did you give to lifting sanctions and/or recognizing Russia’s annexation of Crimea if you were elected? Describe who you spoke with about this topic, when, the substance of the discussion(s).

And while this answer was the most unresponsive among a slew of unresponsive answers, Trump nevertheless stated, under oath, that his statement did not amount to a policy position.

My statement did not communicate any position.

Republicans can’t have this both ways. The only way this op-ed could be an attack on Trump is if Trump really was supporting annexation of Crimea. He may well have been — except he has stated, under oath, that he was not.

Treating this op-ed as an attack on Trump, then, is also an accusation that Trump lied in his sworn answers to Mueller.

Why is Jim Jordan defending President Trump against impeachment by accusing him of lying under oath?

image_print