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Rudy Giuliani Attacks Biden as SDNY Sifts Through His Comms for Ukraine Foreign Agent Investigation

Among the many Trump allies suggesting that the former President was better on Russian issues than the current, Rudy Giuliani attempted to attack President Joe Biden with a Tweet dripping with projection.

Just over four weeks ago, the Special Master Barbara Jones delivered the latest tranche of records seized from Giuliani’s phones to prosecutors in SDNY, the US Attorney’s Office that Rudy once led.

While the scope of the review exceeds the scope of the known warrants, those known warrants target Rudy’s role in getting Maria Yovanovich fired in 2019 as part of an effort to get campaign dirt on Joe Biden.

Indeed, for six of Rudy’s devices, the latest review focused on the period from December 1, 2018 through May 31, 2018, which would cover the following events.

Late 2018: Rudy Giuliani participates in a Skype call with the former top Ukrainian prosecutor, Viktor Shokin, who was ousted from office after multiple Western leaders, including former Vice President Joe Biden, pressed for his removal. Leaders complain Shokin was failing to tackle corruption. It’s around this time that Giuliani says he first learned of a possible Biden-Ukraine connection.

January 2019: Giuliani meets in New York with the top Ukrainian prosecutor at the time, Yuriy Lutsenko. This is when, Giuliani says, his investigation into the Bidens began.

A man named Lev Parnas has said he attended the meeting with Lutsenko and arranged the call with Shokin. Parnas told NPR he attended at least two meetings Giuliani had with Lutsenko. Parnas and an associate, who also worked with Giuliani, are later arrested and charged with violating campaign finance law in a separate matter.

March 31: The first round of presidential elections take place in Ukraine. Zelenskiy, a comedian who once played a president on television, comes out ahead of incumbent President Petro Poroshenko. The race goes to a runoff.

April 7: In an interview on Fox News, Giuliani, unprompted, brings up a Biden-Ukraine connection. He says that while investigating the origin of the Russia investigation, “some people” told him “the story about [gas company] Burisma and Biden’s son.” Giuliani suggests that as vice president, Biden pressed to remove Shokin because he was investigating Burisma, a Ukrainian gas company that had Biden’s son Hunter on its board for several years. There is no evidence to support this claim.

April 21: Zelenskiy is elected president of Ukraine and Trump calls to congratulate him. A White House readout of the call says Trump “expressed his commitment to work together with President-elect Zelenskyy and the Ukrainian people to implement reforms that strengthen democracy, increase prosperity, and root out corruption.”

April 25: Trump calls in to Sean Hannity’s TV show and says he has heard rumors about Ukrainian “collusion.” He tells the Fox News host he expects Attorney General Bill Barr to look into it. “I would imagine he would want to see this,” Trump says.

May 6: Marie Yovanovitch, the U.S. Ambassador to Ukraine and an Obama appointee, ends her assignment in Kyiv. According to the whistleblower complaint filed against Trump, she had been “suddenly recalled” to the U.S. by senior State Department officials a week earlier.

Giuliani later says in an interview that she was removed “because she was part of the efforts against the President.” Yovanovitch tells Congress that she learned from the deputy secretary of state “there had been a concerted campaign against me, and that the Department had been under pressure from the President to remove me since the Summer of 2018,” according to prepared remarks reported by multiple outlets.

May 9: Giuliani tells The New York Times he will travel to Ukraine “in the coming days” to push for investigations that could help Trump. Giuliani says he hopes to meet with President-elect Zelenskiy to push for inquiries into the origins of the Russia investigation and the Bidens’ involvement with Burisma.

“We’re not meddling in an election, we’re meddling in an investigation, which we have a right to do,” Giuliani tells the Times.

“There’s nothing illegal about it,” he says. “Somebody could say it’s improper. And this isn’t foreign policy — I’m asking them to do an investigation that they’re doing already and that other people are telling them to stop. And I’m going to give them reasons why they shouldn’t stop it because that information will be very, very helpful to my client and may turn out to be helpful to my government.”

Among the members of Congress criticizing Biden, Tulsi Gabbard voted present to impeach Trump on his related extortion attempt; virtually all Republicans voted not to impeach Trump, including Biden critics Paul Gosar and Scott Perry. Of Republican Senators, just Mitt Romney voted to convict the President.

Trump was not serious about Ukraine. He viewed it as nothing more than a political football. Almost his entire party backed him in that effort.

And his former attorney, wailing on Twitter about the ‘CLEAR AND PRESENT DANGER” posed by “mentally deteriorating [men], who [were] of limited intelligence even before [] dementia” remains under criminal investigation as an unregistered agent of Russian-backed Ukrainians for his role in politicizing Ukraine.

Transpartisan Arguments the Government Won’t Want to Succeed

Justin Amash, Paul Broun, Tulsi Gabbard, Morgan Griffith, Rush Holt, Walter Jones, Barbara Lee, Zoe Lofgren, Thomas Massie, Tom McClintock, Eleanor Holmes Norton, Beto O’Rourke, Steve Pearce, Matt Salmon, Mark Sanford, Ted Yoho.

Well, that’s got to be a group of people the Powers That Be don’t want to see joining together?

Captain Tulsi Gabbard, Physics PhD Rush Holt, Appalachian Trail Hiker Mark Sanford, and Paleocon Walter Jones. With my libertarian Congressman, Justin Amash apparently leading the bunch.

All on a court motion together, calling for the court to release the FISC opinion explaining why the government’s Section 702 collection was unconstitutional because without it they can’t do their job. Which includes, in part, informing the American people.

As important, whatever information Members of Congress learn about secret FISC opinions and orders, they are unable publicly to discuss or debate them because any disclosure is still subject to secrecy requirements.

[snip]

In light of recent disclosures regarding the existence of a “classified intelligence program,” related to the “business records” section of FISA, the Director of National Intelligence has acknowledged that “it is important for the American people to understand” the limits of the program and the principles behind it.

[snip]

Notwithstanding the compelling public interest in an open debate about the scope and propriety of government surveillance programs authorized under FISA, even the amici — Members of the U.S. Congress — cannot meaningfully participate in that public debate so long as this Court’s relevant decisions and interpretations of law remain secret. They cannot engage in public discussion on the floor of the Senate and the House about the government’s surveillance programs. And they cannot engage in dialogue with their constituents on these pressing matters of public importance.

[snip]

Informed, public debate is central to Congress’s role as a coequal branch of the federal government. The Constitution acknowledges the unique importance of open debate to Congress’s role in the Speech or Debate Clause. Debate in Congress serves no only the institution’s internal goal of creating sound public policy. Courts have recognized a second crucial purpose of informed, public debate in Congress: to inform the American people about the issues affecting their government.

Now, I think they may overestimate the degree to which this opinion pertains to the Section 215 collection (indeed, if it pertains to Internet metadata collection, it pertains to Section 214 of PATRIOT instead). [Update, 9/13/13: I’m mistaken here–it was exclusively Section 215.]

And I think their Speech or Debate argument has confused people about whether these members of Congress have seen what’s in the opinion. Holt used to be on the House Intelligence Committee, but no longer is, so I assume none of the Members on this brief know what the opinion is. In any case, the House has much more restrictive rules about who can access intelligence secrets than the Senate.

But I am rather fond of the argument that Congress can’t do its job with all the secrecy the Executive is operating under.