Following Up: The Democrats’ Trump/Ukraine/Impeachment Hypocrisy is Now Complete

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Adam Schiff, Alexander Vindman, Biden, Bill Taylor, Bob Mendendez, Democrats, Donald Trump, Eric Swalwell, Fiona Hill, Following Up, foreign policy, globalists, impeachment, Jeanne Shaheen, Mainstream Media, Marie Yovanovitch, Nancy Pelosi, national security, natural gas, Nordstream 2, Russia, Ukraine, Vladimir Putin

As known by RealityChek regulars, I’ve devoted two posts lately (here and here, and here) to the puzzling matter of President Biden’s policies toward the Nordstream 2 gas pipeline. The reason: For months during the last half of the Trump administration, any number of leading Democrats and globalist U.S. diplomats and other officials had justified the first effort to impeach the former President largely because he allegedly threatened key U.S. national security interests by hinging American military aid to Ukraine to its government’s cooperation in investigating charges against Mr. Biden (then a likely Democratic presidential candidate and therefore political rival) and his family.

Indeed, the first Article of Impeachment expressly stated that Trump “compromised” and “injured” national security for precisely this reason.

Mr. Biden never explicitly accused Trump of comprising American security by weakening ties to a supposedly crucial ally. But he certainly insinuated comission of this “high crime or misdemeanor” by charging that Trump “betrayed this nation.”

So I believed it was worth spotlighting that the Biden administration had for months been moving toward a decision that would both unquestionably endanger Ukraine and enrich Vladimir Putin’s Russia – whose apparent designs on Ukraine have prompted the United States (including the Trump administration) to provide it with various kinds of weapons and other military supplies to begin with. That decision: nixing significant sanctions on companies building the pipeline, which would transport Russian natural gas directly to Europe, in the process bypassing the previous transit route through Ukraine and enabling Russia to avoid the need to pay literally billions of dollars’ worth of tolls to its neighbor. And yesterday, the Biden administration made the move official.

For the record, I don’t consider Ukraine a vital or even important ally of the United States (for reasons explained, e.g., here). But Americans were told consistently during the first Trump impeachment hearings and actual proceedings that it was, making at least ironic a Democratic administration’s pursuit of a policy bound to enrich the country threatening Ukraine – and at Ukraine’s expense.

And at least as interesting, during the period that Mr. Biden has made his Nordstream intention clear, and since the final decision was announced, it’s become clear that most of the Democratic and diplomatic voices that touted Ukraine’s centraility to America’s own safety didn’t believe their own claims either. And ditto for the Mainstream Media news organizations that breathlessly reported and even endorsed them.

How do I know this? Because none of Trump’s main accusers along these lines seems to have had anything to day about Mr. Biden’s unmistakably anti-Ukraine decision. And my charge is easily verifiable. Just Google “Nordstream” and any of the following names: Alexander Vindman, Marie Yovanovitch, Fiona Hill, Bill Taylor, Nancy Pelosi, Adam Schiff, Eric Swalwell. In various roles, these folks were leading the charge to dump Trump because of his Ukraine record and the related claim that he was a ” Manchurian” candidate and then President who won the presidency by accepting Putin’s help during the campaign in return for doing the Russian dictator’s bidding.

And do you know what these Google searches come up with? Not a peep of protest about Mr. Biden’s Nordstream decision. Incidentally, some of these figures have been commenting some on Ukraine-related issues. Vindman, for example, co-authored a Washington Post op-ed piece in March urging the West as a whole to toughen its stance against Russia’s “blatant violations of human rights and unrestrained repression of opponents both at home and abroad.” He urged Germany “in particular [to] reconsider its business ties to Moscow — specifically the Nord Stream 2 natural-gas pipeline which is nearing completion” and the United States and the United Kingdom to strengthen existing Nordstream sanctions. But nothing about Biden indifference to the matter even though it was already becoming apparent – and certainly nothing since.

Three weeks later, after the President imposed sanctions on Russia for cyberattacks and election meddling, Schiff – the lead House impeachment manager in 2019 – noted that “While appropriate, sanctions alone will not be enough to deter Russia’s misbehavior. We must strengthen our own cyber defenses, take further action to condemn Russia’s human rights abuses, and, working in concert with our Allies and partners in Europe, deter further Russian military aggression.” But he said nothing about Nordstream at all.

At least as important, I can’t find a single instance of a Mainstream Media journalist even seeking the Nordstream views of either figure, or of their other impeachment-period Ukraine-philes.  

Some Democrats have condemned the Mr. Biden’s Nordstream decision – notably, Senate Foreign Relations Committee chairman Bob Menendez of New Jersey and Jeanne Shaheen of New Hampshire. But although both voted to remove Trump from office in part because his Ukraine actions jeopardized national security (see here and here), neither mentioned taking any punitive measures against Mr. Biden even though in the long run his Nordstream decision could undermine Ukraine’s independence far more than Trump’s brief suspension of the arms aid.     

It’s true that the Ukraine national security charge wasn’t the only accusation leveled against Trump in 2019. He was also impeached for violating the law in holding up the military assistance Congress approved for the country.  But as pointed out in this post, nothing in the statute in question regards such presidential actions as impeachable. Certainly they’re far from the first course of action. Instead, the law specifically instructs Congressional plaintiffs to bring a lawsuit in a U.S. District Court.

As for the claim that Trump abused the power of the Presidency by launching an official investigation of a political opponent for purely political reasons, the revelations since of Hunter Biden’s activities in Ukraine during his father’s vice presidency show how premature – to put it kindly – that conclusion was.   

Aa a result, given the outsized role played by the Ukraine charge’s substance, the indifference shown this year to that country’s fate by Trump’s 2019 prosecutors strengthens the case that the first impeachment pretty thoroughly abused power itself.  The one silver lining (and it’s not negligible):  At least the Democrats and other Never Trumper globalists aren’t beating the Ukraine war drums for now.

Following Up: Biden’s Cave-In on Ukraine, Russia, and Germany and Why It Matters

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Adam Schiff, alliances, allies, America First, Angela Merkel, Democrats, Donald Trump, energy, Eric Swalwell, Following Up, Germany, impeachment, NATO, natural gas, Nord Stream 2, North Atlantic treaty Organization, Russia, Ukraine, Vladimir Putin

Earlier this month, I wrote about the weirdness of the Biden administration’s seemingly blasé attitude toward Ukraine’s security, given the President’s long record of support (including military aid) for its independence from an expansionist Russia, and especially given the determination of the entire Democratic party to impeach Donald Trump largely because his allegedly blasé attitude toward Ukraine security treasonously endangered America’s own security.

Today I can report that the situation has grown even weirder – and in the process, raised major questions about the administration’s view of smooth alliance relations as a top foreign policy priority, and about its adults-in-the-room reputation itself for foreign policy competence itself.

As explained in my March 17 post, the issue at hand is the Nord Stream 2 pipeline, That’s a natural gas transport project that the Trump administration opposed because it threatened to, among other problems, increase Europe’s energy dependence on Vladimir Putin’s Russia, provide this aggressive autocrat with a big new source of revenue and therefore of funds for his military, and ace Ukraine itself out of natural gas earnings, thereby weakening its economy and ultimately its ability to defend itself.

So why is Nord Stream 2 being built? Two main reasons. First, lots of big German (and other European) companies have been involved in its financing and nearly finished construction, and will profit from its operation. (See here and here for good summaries.) Further, the German government is obliged to cover the multi-billion dollar losses that would result from cancellation. Second, Chancellor Angela Merkel;s government views the project as a means of keeping Germany, and Europe in general, economically engaged, influential, and therefore at peace with Russia.

The Germans also say they need the new gas because of its plans to de-nuclearize and de-carbonize its economy. Berlin also has the option of filling the looming energy supply gap by purchasing more gas from the United States than at present.  But Germany seems more impressed by the fact that higher transport costs make the U.S. product more expensive than Moscow’s.

You’d think, therefore, that Germany would be facing heavy pressure to cancel the pipeline from the Biden administration and especially from the impeachment enthusiasts in the Democrats’ Congressional ranks – like California’s Adam Schiff, the lead House manager for the first Trump impeachment trial, who described Ukraine’s sovereignty and safety as nothing less than a vital interest of the United States.

Not a peep about Nord Stream has been heard from Schiff or from other Trump impeachment hard-liners, like California Democratic Congress Member Eric Swalwell – confirming suspicions that their main concerns all along during both the Trump-Russia collusion and impeachment dramas were somehow ousting Trump for purely partisan or possibly simply deranged reasons, not safeguarding America’s security or democracy.

But Mr. Biden’s stance is more puzzling and disturbing – the latter since Presidents matter so much more than individual legislators. As my earlier post noted, his administration has seemed more relaxed about Nord Stream even though it, too, has claimed to harbor major concerns about Ukraine’s fate.

In fact, as recently as a few days ago, Secretary of State Antony J. Blinken declared that “President (Joe) Biden has been very clear, he believes the pipeline is a bad idea, bad for Europe, bad for the United States, ultimately it is in contradiction to the EU’s own security goals, It has the potential to undermine the interests of Ukraine, Poland and a number of close partners and allies.”

Yet just this morning, when asked whether Washington could (and by extension, actually would) do anything to stop Nord Stream 2, Blinken “Well, ultimately that is up to those who are trying to build the pipeline and complete it. We just wanted to make sure that our … opposition to the pipeline was well understood.”

In other words, “La de dah.”

Such quick and complete turnabouts by America’s top diplomat are disturbing in and of themselves, but the real problems with the Biden Nord Stream stance go far beyond the impotence claimed (and therefore advertised) by Blinken.

After all, avoiding a showdown with Germany on the pipeline would be understandable and even smart if Mr. Biden really didn’t view Ukraine’s security, and/or Russia’s aims and power, as terribly important in the first place, or if (as I offered as a possibility in my previous post), this decision reflected some broader administration conclusion that relations with Russia should be improved in order to outflank the stronger and more dangerous Chinese.

But not only is the President a strong believer in deterring Russian designs on Europe. He recently seemed to go out of his way to antagonize Putin by calling him a “killer.”

So the most reasonable conclusion to draw is that, at least for now, Mr. Biden is so determined to keep America’s wealthiest European ally happy that he’s given it a veto on a matter he himself has deemed a major U.S. interest. Worse, he seems indifferent to Trump’s (correct) complaint that Germany evidently has no problem with enriching Moscow while continuing to rely on the U.S. military to defend it from Russia. This doesn’t necessarily leave the President guilty of carrying out an “America Last” foreign policy. But it makes you wonder how far he’ll drift from from putting America First.

Our So-Called Foreign Policy: Is Biden Going Trump-y on Russia and Ukraine?

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Adam Schiff, alliances, Atlantic Council, Biden, China, Democrats, Donald Trump, energy, Frederick Kempe, Germany, globalism, impeachment, natural gas, Nord Stream 2, Our So-Called Foreign Policy, Russia, Ukraine, Vladimir Putin

Something weird’s going on with the Biden administration, Ukraine, and Russia, and it could eventually put lots of Democrats in an awfully awkward position.

I’m old enough to remember when helping the eastern European country maintain its independence against Russia’s aggression was considered so important by leading Democrats, along with U.S. foreign policy establishmentarians, that it justified impeaching Donald Trump. For allegedly he illegally slow-walked Congressionally approved military aid to the Ukrainians – allegedly because he wanted to force Ukraine’s government to help him dig up political dirt on then soon-to-be Democratic presidential candidate Joe Biden.

As a result, for months, Americans heard again and again how critical Ukraine’s security was to America’s own security, and how Trump’s actions therefore endangered U.S. national security. In the words of lead House impeachment trial manager Adam Schiff (D-California):

“[T]he military aid that we provide, Ukraine helps to protect and advance American national security interests in the region and beyond. America has an abiding interest in stemming Russian expansionism and resisting any nation’s efforts to remake the map of Europe by dent of military force, even as we have tens of thousands of troops stationed there. Moreover, as one witness put it during our impeachment inquiry, the United States aids Ukraine and her people so that we can fight Russia over there and we don’t have to fight Russia here.”

Mr. Biden has never gone quite this far in public, either as former President Obama’s vice presidential point man on Ukraine, as presidential candidate, or as chief executive himself. Nonetheless, he continually pressed his former boss to provide more and better weapons to the Ukrainians than Obama was willing to approve, indicating he, too, considered Ukraine’s security closely related to America’s own.

Indeed, last year, his campaign issued a statement declaring that “Ukraine’s success will contribute to a more stable and secure Europe, which is in America’s interest.”

More recently, however, President Biden has been sending out significantly different signals. For example, his statement last month marking the seventh anniversary of Russia’s “illegal invasion of Ukraine,” he pledged to “stand with Ukraine against Russia’s aggressive acts” and condemned Moscow for violating “international law, the norms by which modern countries engage one another,” but didn’t draw any direct connections between Ukraine’s fate and America’s.

More concretely, Mr. Biden has been looking pretty slow-walking-ly himself on an issue vital to Ukraine’s prosperity: preventing Russia and Germany from completing a natural gas pipeline that would bypass that country, deprive it of billions of dollars worth annually in badly needed revenues from transit fees from existing pipelines across its own territory, heighten its vulnerability to Russian gas blackmail (as candidate Biden noted himself last year), and increase Europe’s energy dependence on Vladimir Putin’s regime to boot. His press secretary has called the Nord Stream 2 project a “bad deal for Europe.” But the project is nearly finished, and his administration isn’t displaying much urgency. As State Department spokesperson Ned Price told reporters blandly, “we are always looking at pipeline activity that would be sanctionable, so if we see activity that meets that threshold we are prepared to follow the law.”

Not that the administration doesn’t have some good reasons for caution on the Nord Stream 2 project. After all, improving relations with allies like Germany, which were strained by Trump’s “transactional” approach, is a top Biden priority.

Perhaps more important, and revealing, Mr. Biden might be reacting to signs of ever closer ties between Russia and China, since responding to the latter’s rise and increasingly aggressive behavior is also a U.S. priority now. Indeed, just last weekend, leading think tanker Frederick Kempe, whose Atlantic Council sees the world in precisely the kinds of globalist ways as the President, cited growing Sino-Russian cooperation as one reason for America moving away from an indiscriminately anti-Moscow hard line to “a more strategic approach” that would “combine more attractive elements of engagement with more sophisticated forms of containment alongside partners.”

During his first presidential campaign, Trump responded to complaints about his supposedly excessive and even corrupting regard for Russia by asking “If we could get along with Russia, wouldn’t that be a good thing, instead of a bad thing?” and noting possible benefits like defeating ISIS jihadists in the Middle East. No remotely comparable statement has come from the Biden administration, but its deeds on the Ukraine-Russia front are starting to send a similar message. Expect the silence from the Democrats’ ostensible Ukraine hawks and Russia hawks to be deafening.

Making News: New Magazine Article on China’s (Massive) Election Interference Now On-Line…& More!

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Adam Schiff, China, Democrats, election 2020, Mainstream Media, Making News, Nancy Pelosi, Phase One, Russia, The American Conservative, The John Batchelor Show, Trade, trade war

I’m pleased to announce the publication of my latest freelance article – a piece in this AM’s issue of The American Conservative explaining why China’s interference with American politics is much more wide-ranging and successful than Russia’s, despite claims to the contrary by Democrats and by Never Trumpers in the Mainstream Media and elsewhere.  Click on this link to read.

Sharp-eyed RealityChek readers will see that the article closely resembles August 13’s post.  I don’t like recycling material, as the practice is known, but in this case, The American Conservative saw that piece and asked to run a version.  I was happy to comply because, as sharp-eyed readers also will notice, I was able to add new material that’s surfaced in the last two weeks.

Also, I’m slated to return tonight to John Batchelor’s nationally syndicated radio show tonight on the latest developments in the U.S.-China trade conflict.  Since during the CCP Virus era, these segments are pre-recorded, I don’t know when exactly the interview will air.  But you can listen to John’s show every night on-line here. Moreover, as usual, if you can’t tune in, I’ll post a link to the podcast as soon as one’s available.

And keep checking in with RealityChek for news of upcoming media appearances and other developments.

Im-Politic: Trends that are Trump’s Reelection Friends?

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Adam Schiff, Barack Obama, Bernie Sanders, economy, election 2020, Elizabeth Warren, Gallup, Im-Politic, independents, Jobs, Joe Biden, Kamala Harris, Nancy Pelosi, Trump, Tulsi Gabbard

Don’t look now, but Gallup has just given President Trump two major end-of-the-year gifts in two separate sets of poll results it’s just published. Gift Number One: Mr. Trump this year moved into a tie with his White House predecessor, Barack Obama, as the man most admired by Americans. Gift Number Two: The state of the U.S. Economy, widely viewed as one of the most important determinants of Americans’ votes for President, has faded notably in their minds as a top national concern.

Impeachment, and the nonstop political coverage of Mr. Trump’s alleged wrongdoing, surely have been America’s leading political stories this year. But all the same, the President and Obama jointly headed the list of the country’s most admired man. Better yet for Trump-ers:  The survey was conducted in early December, so respondents had lots of time to digest the impeachment drama. And the possible icing on the cake – the tie was produced by a one percentage point reduction in the Obama score from 2018 (when he won this contest – and for the twelfth time!) and a five percentage point rise in the Trump score.

Further, although trend data isn’t available, Mr. Trump was named most admired by 10 percent of independents. That figure trailed the Obama total (12 percent), but not by much. And the former President won’t be on any ballots this year. 

The results for some of the President’s other major opponents and critics are bound to cheer him, too. House Intelligence Committee Chair Adam Schiff, the California Democrat who’s helped spearhead the impeachment drive, increased his score from 2018 – but only by less than one percent to one percent. House Speaker Nancy Pelosi also rose in the poll – but only from one percent to two percent.

As for the group of Democratic contenders for Mr. Trump’s job, the best performers in this survey were Vermont Independent Senator Bernie Sanders, Massachusetts Senator Elizabeth Warren, Hawaii House Member Tulsi Gabbard, and California Senator Kamala Harris (who recently dropped out). Yet they all garnered only one percent of Americans’ votes. Nonetheless, all did better than former Vice President Joe Biden, whose backers for this title declined from one percent in 2018 to less than one percent this year.

As for the economy, since the global financial crisis produced the Great Recession starting at the end of 2007, it’s been rated as “the most important problem in the U.S.” in Gallup surveys seven times (the last coming in 2016). In addition, “jobs” was mentioned among the top four most important problems nine times. (I find it odd that the two are presented separately by Gallup as well.)

But since the Trump inaugural, the economy has vanished from the ranks of the top four national problems, and the only appearance made by jobs was in 2017 (when it came in fourth).

Even if polling was more of a science than an art, none of these results would guarantee President Trump’s reelection. One potential trouble spot: During each of his years in office so far, “government” has topped Americans’ lists of the country’s most important problems. The Gallup results indicate that respondents assign about equal blame for Washington dysfunction to Mr. Trump and the Republicans in Congress on the one hand, and to the Democrats in Congress on the other. But during the Trump administration, the percentages prioritizing this concern have risen overall from previous levels – and markedly.

The big takeaway for me is that if the President turns and keeps his focus to at least a reasonable extent on substantive issues like the economy, and shoots off fewer dumbbell and wholly unnecessary tweets and remarks (here’s a prime recent example), and if no new misconduct-related bombshells emerge, he’ll calm the nerves of the independents he needs to win back from their 2018 defection to the Democrats, in particular relieve their Trump Exhaustion Syndrome, and win reelection pretty handily. The big fly in this ointment, of course, is that the above prescription so far has never been followed by Mr. Trump.

Im-Politic: The Case Against Impeachment (So Far)

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Adam Schiff, Burisma, Devin Nunes, Gerald R. Ford, Gordon Sondland, Hunter Biden, Im-Politic, impeachment, impeachment hearings, Joaquin Castro, Joe Biden, Laura Cooper, Marie Yovanovitch, Office of Management and Budget, Rudy Giuliani, Trump, Ukraine, whistleblower, William Taylor

As a public service, herewith a handy-dandy guide to those widely touted Trump impeachment charges or insinuated charges that hold water so far, and those that don’t. Spoiler alert: The single alleged presidential transgression that I believe would warrant impeachment – and removal from office – comes at the end of this post. And not just because I want to create a teaser. It’s mainly because this specific transgression has received almost no attention as such. Revealingly, moreover, many of the President’s defenders have been just as seemingly inept as his assailants at focusing on what would legitimately satisfy the Constitution’s impeachment and removal requirements and what wouldn’t.

Canard Number One: Mr. Trump’s focus on investigations of the Biden family reveals a simple determination to smear a political rival. Two problems should consign this allegation to the dumpster. First, as I’ve previously noted, it can only be based on the assumption that Americans (and especially sitting or previously serving politicians) should be immune from corruption investigations simply because they decided to seek office – or seek it again. Unless you want to illuminate brightly a formula for green-lighting massive corruption, you’ll recognize the dangers of this proposed standard.

Second, this claim ignores (a) the distinct possibility that, given the Obama administration point-man role played by Vice President Joe Biden, the Ukrainian energy entity Burisma was seeking to influence peddle when it handed his son, Hunter, a highly lucrative position, and (b) the troubling questions raised both by Biden senior’s knowledge of this development and by the former Vice President’s failure to act to end a situation that at the very least created the appearance of conflict of interest.

Canard Number Two: Mr. Trump’s strong interest in investigating the Biden situation – and his statements to the effect that he cared more about these probes than about Ukraine – shows that he cares more about his own political fortunes than about U.S. national security. Anyone holding this belief apparently considers the fate of a country whose security or independence was never a prime American concern even during the Cold War is (ipso facto?) more important than possible foreign influence peddling at the highest levels of a previous administration. I’m glad I don’t have to make this argument.

Canard Number Three (Similar to Canard Number Three): The President’s assertion that Ukraine interfered against his campaign for the White House in 2016 reveals that he selfishly cares more about his own political fortunes, or about further discrediting the Russia collusion charges that have dominated his presidency so far, than about U.S. national security. As contended above, Ukraine was never regarded as a significant national security interest even when completely controlled by a Soviet regime that for decades was classified officially as a paramount threat to both U.S. and global security. Why it should be regarded as more important today is anything but clear. Moreover, Americans have spent most of the first half of the Trump presidency hearing that the greatest threat to not only their security but their democracy itself is foreign government interference in elections.  Therefore, it’s at best odd to start hearing that Ukraine interference doesn’t matter at all.

Canard Number Four: There was no Ukraine 2016 election interference. As I’ve previously pointed out, anti-Trump statements from Ukraine’s then ambassador to the United States and its powerful Interior Minister are on the record. Just as important: Nor does it withstand serious scrutiny to counter that these statement were isolated and therefore trivial – a claim made by fired U.S. Ukraine ambassador Marie Yovanovitch during her open impeachment testimony last Friday. Would senior officials like these felt free to speak out so blatantly if their views weren’t widespread Ukraine governing circles? And does it stand to reason that no one reporting to them played any such roles?

Canard Number Five: President Trump was trying to “bully” Ukraine. Unfortunately, international relations still remains a realm where the law of the jungle is much more common than the rule of law as Americans know it. So tough tactics are both nothing new and often needed.

Canard Number Six: President Trump sought a quid pro quo from Ukraine. An alternative description of this charge: “President Trump wanted Ukraine to do something for the United States in return for the United States doing something for Ukraine.” It’s actually true that many of Mr. Trump’s critics strongly oppose such an approach to U.S. foreign policy, denigrating it as “transactional” and presumably not worthy of a truly great nation. But this position – a hallmark of the globalism that the President ran strongly against, and continues to oppose strongly in word and often in deed – stems from a belief that the highest priority of U.S. foreign policy should be to preserve the alliances, institutions, and other relationships whose creation defined so much of post-World War II foreign policy.

That’s an entirely legitimate point of view. But it’s just as legitimate – and, as I’ve written, far more realistic – to seek to ensure above all that these arrangements continue promoting American interests on net, to monitor them on an ongoing basis, to press for change when they fail this test, and to abandon them when their potential to do so is judged to be exhausted. So not only is there nothing intrinsically wrong with seeking quid pros quo in foreign policy. The world as it is makes them unavoidable.

Canard Number Seven: Mr. Trump was bullying Ukraine and/or seeking a quid pro quo by threatening to withhold military aid approved by Congress and signed into law. Here we get closer to impeachment charges that do deserve scrutiny. But this allegation still qualifies as a canard – to date, anyway – because it leaves unanswered the central questions of whether the “bullying” or any type of improper pressure took place or the “quid pro quo” was pressed for reasons that “rise to the level of impeachment” or not – or that even come close. And most of the President’s opponents and supporters have done an equally poor job of keeping their eyes on these balls.

Revealingly, even the answers presented that seem to sink the President deep into hot water don’t support a serious impeachment case. Here, for the reasons stated above, I’m deliberately leaving out the allegations that Mr. Trump was illegitimately trying to find some dirt on Biden, and/or reinforcing the legitimacy of his own 2016 victory.

Nevertheless, what gave Mr. Trump the authority to establish even substantively legitimate conditions – however explicitly or implicitly – on the Ukraine aid package? To which the first response is, “What’s meant by ‘established conditions’?” Let’s say that the President’s accusers are entirely correct and that the disbursement of the aid was delayed. So what?

In the first place, there’s nothing in the law stipulating any specific date for releasing the funds other than the end of the fiscal year, which fell on September 30. And as all agree, they were released by then. In other words, from all appearances, there was no Ukraine aid suspension in the first place.

Moreover, all the evidence available so far also demonstrates that the Trump administration’s aid delay decision itself followed the law – although somewhat belatedly. According to Defense Department career official Laura Cooper – in remarks that have not yet been challenged – in her closed door testimony to House investigators, a suspension of Ukraine aid would not be illegal either if the administration had formally notified Congress of a “rescission” of the funds or of a decision to redirect (“reprogram”) them for other purposes. She added that she made these points to Trump administration officials at a July 31 meeting. By late August, though, the Associated Press reported, House Appropriations Committee staff members received this notification from the White House’s Office of Management and Budget.

In the second place, what’s intrinsically illegal or even improper about Mr. Trump either asking for an add-on, or even threatening to deny the aid if the Ukrainians didn’t agree to conduct the investigation?

One explanation I found compelling was offered by Yovanovitch’s replacement as chief U.S. envoy to Kiev, William Taylor, in his closed door October 22 testimony to House of Representatives investigators. Taylor stated that he was told by U.S. Ambassador to the European Union Gordon Sondland – an Oregon businessman and major Trump campaign donor – that the Trump decision owed to a practice from the President’s business career:

“When a businessman is about to sign a check to someone who owes him something, he said, the businessman asks that person to pay up before signing the check. Ambassador [Kurt] Volker [another long-time diplomat, who had served as a special Ukraine envoy in the Trump administration] used the same terms several days later while we were together at the Yalta European Strategy Conference.”

Not that Taylor himself found the reasoning compelling. But although he claimed that the “the explanation made no sense” because “the Ukrainians did not ‘owe’ President Trump anything,” and certainly has a right to this opinion, it sounds like more a reflection of what might be his own overly precious view of the proper way to conduct American diplomacy than like an objectively devastating critique of Mr. Trump. Someone with a less gentlemanly perspective might well have concluded that the President was simply trying to press an advantage to secure an objective he believed furthered U.S. interests that were at least as important as helping Ukraine resist Russian designs.

Which is where one widely cited problem with the anti-Trump narrative comes in. To begin with, it’s been difficult to figure out when the Ukraine aid hold was actually put into effect, but the reference in this article in Politico (an early account of the decision to “last summer” (the summer of 2019) seems about right. (The New York Times subsequently pegged the date as “early July,” but neither claim has been confirmed.) While questioning Yovanovitch during her public appearance at the House of Representative impeachment hearings, House Intelligence Committee Ranking Member Devin Nunes identified July 18 as the start of the hold). The Times also contends that the Ukrainians found out about the freeze “by the first week of August.”

Even if this finding is correct, however, it’s clear that one of the strangest episodes in the history of blackmail and quids pro quo in general must have taken place. For the President evidently had decided to hold Ukraine’s military future for ransom but never told Kiev it was being extorted. Indeed, the Ukrainians didn’t even learn at that time – roughly a month after the suspension had gone into effect – that they were being placed over a barrel through any official administration channels. They seem to have found out via leaks, at least according to The Times story linked above. It was not until September 1 that the policy was communicated officially to its supposedly intended target– by Sondland in a meeting with a top aide to Ukraine President Volodymyr Zelensky. And even Sondland’s language was strangely vague.

Now it’s true that starting in early August, the Ukrainians could have begun taking these leaks, put them together with whatever they knew about Trump personal attorney Rudy Giuliani’s activities in their country and Mr. Trump’s unmistakable interest in a Biden probe, and detected a message about a gun being held to their head. But the surreptitious nature of these efforts could have also indicated that the administration’s resolve on this matter was anything but firm, and that some modest gestures would have gotten them off the hook. In fact, in his closed door testimony, Taylor himself indicated at his closed door House appearance that he would have been satisfied with Ukraine making the public investigations announcement sought by Mr. Trump through its Prosecutor General, rather than its President. So despite his later headline-making characterization of the link as “crazy,” he was obviously prepared to let it slide for a pittance.

Which is where a second widely cited problem with the pro-impeachment narrative needs to be considered: The aid went through on time, and no one in the Ukraine government made any investigations-related announcement at all.

Democratic Congressman Adam Schiff from California, who’s leading the impeachment efforts, has a ready retort: As he stated at the open impeachment hearing he chaired last Friday, the Trump administration had no choice, because it was being pressured by members of both the House and Senate to release the hold, and because it had received the whistleblower’s report and realized that the (impeachment?) boom was about to be lowered. And Schiff’s Texas Democratic colleague, Joaquin Castro, argued at the October 22 public hearing that “attempted freeze” (my phrase) should be considered a crime because attempted murder is a crime.

But again, the legislation appropriating the aid mentioned no deadline other than the September 30 deadline for all appropriations measures. That deadline was met – by September 11, meaning that the delay lasted at most a little over two months. What the President’s critics are calling blackmail might have been nothing more than a case of trying to take advantage of leverage over a foreign country to achieve a goal (investigating high level corruption by a previous administration) understandably viewed as legitimate by the President – a practice prohibited by exactly no U.S. law. Schiff’s charge is also easily rebutted with the distinct possibility that the Trump administration saw the September 30 deadline coming and decided that securing a public Ukraine commitment to investigate the Bidens simply wasn’t worth the candle.

But however flawed these widely used anti-Trump arguments, based on what’s known so far, the President’s critics do have one potentially stronger impeachment arguments to make. The first would involve a charge that the President was knowingly persuaded by Giuliani to fire Yovanovitch as ambassador to Kiev in May because she was in the process of finding out about Giuliani’s own efforts to make money in Ukraine for his other clients (or even for the President?) in illegal ways.

A big problem with this charge is that, although Yovanovitch did impute these motives to Giuliani in her opening statement at last Friday’s public hearing, she offered no evidence to support her allegation. Indeed, she agreed with a Republican staffer’s question that she was replaced by a Trump administration appointee who was a “man of high integrity” who would not “facilitate” Giuliani’s supposed objectives – none other than William Taylor. She also testified that she had never met the Giuliani associates whose motives she denigrated, and didn’t know whether their ostensibly crooked ambitions were being “frustrated” by whatever anti-corruption policies she says she was pushing.

In addition, it must be noted that this personal corruption charge has received almost no attention from impeachment supporters in Congress or elsewhere in American politics and society.

All of which appears to mean that pro-impeachment and/or removal arguments depend on proving a proposition from Schiff that itself is convoluted and confusing enough to verge on incoherence and even flim-flammery – whether we’re talking purely legal/criminal standards or not.

Specifically, even though the hold was lifted in time to meet the statutory requirement, the President reversed course only involuntarily (either for fear of being exposed by the whistleblower’s complaint or of dangerously antagonizing influential House and Senate members who supported the aid). Therefore, for either some of the two months, or most of the two months, or all of the two months during which the aid suspension lasted, Mr. Trump demonstrated that his intent was uninfluenced by any legitimate concerns (like ferreting out non-Russian 2016 foreign election interference or Biden family corruption) and as a result was solely corrupt – and met impeachment and/or removal standards.

Of course, no one can rule out further discoveries of significantly worse Trump deeds. But unless they’re made, a House vote to impeach would amount to nothing more than an affirmation of former President Gerald R. Ford’s 1970 contention (when he was House Minority Leader) that “An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history.”

And the all too likely result? A normalization and weaponization of this process that even the Trump-ly Deranged shouldn’t want to see.

 

Im-Politic: Mueller, Barr, and Beyond

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2016 election, Access Hollywood tape, Adam Schiff, collusion, Constitution, executive privilege, high crimes and misdemeanors, Im-Politic, impeachment, James Comey, Jerrold Nadler, Justice Department, Mueller Report, Nancy Pelosi, obstruction of justice, removal, Robert Mueller, Roger Stone, Russia, Russia-Gate, Special Counsel, Trump, Trump-Russia, William P. Barr

Yesterday, Attorney General William P. Barr released his summary of Special Counsel Robert Mueller’s investigation of the Trump presidential campaign’s “links and/or coordination” with the Russian government, and of related obstruction of justice charges. The big takeaways: In the Mueller report’s own words, the investigation “did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities”; and (in the Attorney General’s words), Mueller and his team “ultimately decided not to make a traditional prosecutorial judgment” regarding a number of Presidential actions that “potentially” raised obstruction of justice concerns.

A more resounding defeat for the legions of Democrats, Republican and conservative Never-Trump-ers, and Trump haters in the Mainstream Media can scarcely be imagined for two major reasons. First, according to Barr, not only did the Special Counsel investigation fail to find any Trump campaign conspiracy or coordination with the Russian interference effort. It concluded that such actions never took place “despite multiple offers from Russian-affiliated individuals to assist the Trump campaign.”

Second, although Mueller and his staff (in their words) made sure to state that “while this report does not conclude that the President committed a crime [i.e., obstruction], it also does not exonerate him,” the failure to recommend such charges is stunning. After all, this hasn’t been a team of investigators that’s been exactly reluctant to hand down such indictments – including for so-called process crimes that are clearly serious in normal circumstances, but that look especially dubious now considering the failure to find any underlying crime.

Constitutionally speaking, where this leaves remaining desires in Congress and throughout the country to impeach the President is way up in the air right now. For as the impeachers – and others – have often rightly reminded us, the Constitution doesn’t define the “high crimes and misdemeanors” that can warrant impeachment (and removal from office) aside from “treason” and “bribery.” Therefore, from a Constitutional standpoint, there’s a strong case to be made that impeachment and removal can take place in the absence of a criminal offense, and that the process is above all else political (a term I’m not using pejoratively in this case).

As a result, any lawmaker deciding to proceed along these lines even after the above Mueller conclusions would be acting completely within his rights and even arguably fulfilling one of his highest duties. House Judiciary Committee Chair Jerrold Nadler (D.-New York) was right when he stated:

“The job of Congress is much broader than the job of the special counsel. The special counsel is looking and can only look for crimes. We have to protect the rule of law, we have to look for abuses of power, we have to look for obstructions of justice, we have to look for corruption in the exercise of power which may not be crimes.”

Indeed, that’s why Congress has been granted broad oversight authority over Executive Branch actions and policies. It’s a central feature of the checks and balances principle at the heart of the country’s Constitutional government.

Similarly, however, because impeachment is an ultimately political process, House Democrats (whose control of the chamber empowers them to initiate such proceedings) will have to make ultimately political decisions whether to go ahead, how far to take these matters, and the extent to which they’re willing to permit impeachment to dominate their agenda and the public perceptions they create. As I see it, those Democrats chomping at the bit to head down this road remain far from the starting gate, especially given House Speaker Nancy Pelosi’s judgment well before this weekend’s events that Mr. Trump “is just not worth” impeaching. The same conclusion applies to the determination of Rep. Adam Schiff (D-California), Chair of the House Intelligence Committee to keep examining whether the President “is somehow compromised by a foreign power.”

Yet for all the comment and analysis flooding out this afternoon, there’s still one question I think needs more attention: When exactly did the Mueller team recognize that neither the collusion nor the obstruction allegations wouldn’t pan out? More specifically, did this situation became clear to the Mueller team before last year’s U.S. midterm elections?

Here’s what I’m driving at: The entire Special Counsel exercise was launched to find answers to some of the biggest and scariest questions ever raised in American history. Like whether a successful candidate for President and/or influential members of his campaign cooperated with an unfriendly foreign power to win the White House – which raises the possibility (as per Schiff above) of a President doing that power’s bidding for fear of blackmail. And don’t forget the allegations that Mr. Trump obstructed justice in order to cover up these actions and relationships, and that Moscow has him over a barrel for a second reason – due to financial transactions that kept the President’s business empire afloat before and during his White House run.

Given these astronomical stakes, of course all Americans of good will would want to leave no stone unturned. But there inevitably comes a point at which the stones start looking like pebbles, inherently incapable of hiding much. In that vein, Mueller has indicted plenty of Russians and some Americans, but as even the Trump-loathing Vox.com notes, none of these found that “Trump advisers criminally conspired with Russian officials to impact the election.” Indeed, the last such Trump-er brought up for charges was Roger Stone (in January) – and the Stone actions that caught Mueller’s attention (between July and October, 2016) came a year after Stone officially left the Trump campaign.

In other words, it looks as if sometime in the second half of 2018, Mueller’s investigation was reaching a point of diminishing returns. Did Mueller and his staff continue their business as usual (including keeping their findings closely held) because they had strong reasons to believe that major revelations were just around the corner? That would be highly unusual, for at least according to Barr, none of them panned out.

But if the investigation was producing such modest results after so many witnesses interviewed and search warrants executed (approximately 500 each, according to Barr), subpoenas issued (more than 2,800), and communications records obtained (more than 230), shouldn’t Mueller have let the public know that sooner rather than later? Especially considering that a major vote was coming up in November? These questions deserve to be asked even if Mueller was pursuing a typical prosecutorial strategy of targeting little fish first in the hope that they’d flip and disclose misdeed by progressively bigger fish.

Granted, several policy statements can be cited making clear that the determination of the Justice Department (the final authority over Special Counsel investigations) to avoid even creating the appearance of interfering with elections in any way. As this shown in this analysis, “interference” includes issuing reports shortly before elections (a standard previous Special Counsels, and former FBI Director James Comey in 2016, failed to meet). But the informal “60-Day Rule” cited here still would have enabled Mueller to issue some kind of statement (perhaps an interim report?) by Labor Day. I’d sure appreciate him explaining why this option wasn’t chosen, and if it was even considered.

Of course, it’s true that the President faces legal jeopardy on a variety of other matters, ranging in seriousness from hush money payoffs to floozies (which supposedly violated campaign finance laws) New York-area examinations of his inaugural committee’s fund-raising and of his family’s charitable foundation and of the possibility of insurance fraud to a groping accusation dating from 2007. But do these collectively, much less individually, endanger the Trump presidency? Given the President’s victory shortly after the release of remarks on the Access Hollywood tape suggesting sexual assault, that’s doubtful, especially with the Russia collusion and obstruction charges out of the way legally speaking.

Focusing on doubts concerning Barr’s decision to drop criminal obstruction charges against Trump seems no more promising. After all, authorizing Congress to seek impeachment for actions that are not crimes is essential because, as per the Nadler statement above, offenses like abusing power and creating conflicts of interest can endanger democracy and the public interest even if they violate no specific statutes. But obstruction of justice is a defined crime. Therefore, the failures of not only Barr but Mueller to indict on this score would require an obstruction-centric impeachment drive to insist that a political definition of guilt outweighs its clearcut legal counterpart. Good luck coming up with a politically riskier, more divisive course of action.

What about next steps? I strongly favor release as soon as possible of as much the actual Mueller report as consistent with the need to protect intelligence sources and methods. Watergate-era precedents seem to refute the idea that any materials violating executive privilege must be excluded. As Nadler rightly reminds, the Supreme Court’s Nixon tape case ruling specified that this Constitutional principle can’t be justified to hide wrongdoing. Nor do I have strong objections to publishing information either in the report’s body or in supporting documents that might invade the privacy or impugn the reputations of unindicted individuals (including the President). I would imagine that Barr and Congressional Democrats have enough common sense and decency to agree on which disclosures would harm the truly innocent. But the public should definitely have the right to know whether or not the President has surrounded himself with fools and knaves – and/or has acted this way himself.

Ultimately, however, I feel confident that Mr. Trump will survive these disclosures as handily as the non-aforementioned Mueller investigations. After all, a critical mass of the American people was ready to entrust Mr. Trump with the powers of the highest office in the land knowing full well he was no angel personally or in business. I strongly suspect he’ll fare equally well in 2020 now that it’s as clear as possible that, whatever his flaws, he was never the Manchurian Candidate or a Nixonian-style crook.

Following Up: Emerging Possibilities on Hacking Retaliation and a Cyber Balance of Terror

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Adam Schiff, asymmetrical war, balance of terror, China, Chris Wallace, Cold War, Congress, cyber-security, cyber-war, deterrence, Following Up, Fox News Sunday, hacking, infrastructure, Martin Dempsey, nuclear weapons, Obama, Office of Personnel Management, Peter King, Russia, terrorism

Here’s a suggestion for Fox News Sunday anchor Chris Wallace – start watching some recent episodes of your own show before conducting interviews. You might be able to move the public debate on vital issues forward, rather than trodding over well-worn ground.

Wallace led off this morning’s show with a look at this past week’s news that the federal government’s personnel agency has been hacked twice in the last year, and that China is widely suspected as the attack’s source. And that’s entirely understandable. The examination of whether the Obama administration is dealing adequately with cyber threats, moreover, is vitally important. What was completely weird was how Wallace – not to mention his two Congressional guests, who both have key national security posts on the intelligence committee – handled the issue of retaliation.

It began with Representative Adam Schiff of California, ranking Democrat on the House Intelligence Committee, stating that “one of the big things that we really have to do in addition to our defense is figure out when we’re going to go on offense and how we’re going to provide a deterrent to future attacks.”

Wallace then asked Republican Congressman Peter King of New York, a member of the House Homeland Security Committee, “Do we need to retaliate against the people that we believe are conducting cyber warfare against us?” King answered, “I believe we do. I don’t think we should announce what we’re doing. I think the president and his administration have the capacity to respond once they find out, you know, sort of malware signature, who they believe this is. Then, I think, yes, there has to be a price to pay for this.”

Sounds perfectly reasonable, right? Except that only this January, no less than the nation’s top uniformed military officer told Wallace that the United States currently lacks superiority in cyber-war capabilities. According to Chairman of the Joint Chiefs of Staff Martin Dempsey, “In every domain…we generally enjoy a significant military advantage. We have peer competitors in cyber….We don’t have an advantage. It’s a level playing field, and that makes this Chairman very uncomfortable.”

Now Dempsey might have been mistaken (though that’s unlikely) or engaged in a head fake against America’s adversaries (though I can’t imagine the rationale for this one). But why didn’t Wallace remember that this is the most plausible reason for the nation’s failure to strike – fear that attackers can cause still further damage? Moreover, hadn’t Schiff or King been aware of Dempsey’s statement? If they were, do they have their own reasons for considering Dempsey mistaken?

In any event, the more I think about the issue, the more I wonder if the United States would retaliate even with clear-cut superiority. Think of it this way. Relatively few Americans nowadays – particularly in the big cities, which would be most vulnerable to a truly debilitating cyber attack – have any recent experience with the kind of privation and disruption that such a hack could create. Even most prosperous Russians and Chinese do – and then some. So even though these two countries are increasingly networked and enjoying the advantages thereof, it seems clear that they’re much better positioned to cope with cyber-generated confusion than Americans.

Another important point recently was brought to my attention. For all the damage done by foreign hackers to date, they haven’t yet (apparently) launched the kinds of attacks that could bring such massive disruptions – e.g., by bringing down the banking system, or the communications and energy infrastructure. It’s possible that these systems are adequately protected. But it’s also possible that China’s hackers in particular understand that their country would be victimized as well, since it’s so heavily dependent on exporting to the United States for continued growth and economic progress.

So although it’s certain that cyber attacks will continue, it’s also distinctly possible that many will stay relatively restrained. This could mean that America has more scope to retaliate than seems currently to be the case, but also that it has less need – and that we’ll need to (keep) getting used to greater levels of cyber risk if we want to keep reaping the benefits we perceive from more networked lives. In other words, we may be seeing the emergence of a cyber balance of terror similar to the nuclear balance of terror that helped avert great-power conflict during the Cold War. 

But there would still remain the risk of attacks from sources that don’t feel any stake in America’s continued viability, and could have even more broadly destructive aims. Dealing with these hackers – who could belong to major terrorist groups – will be complicated by the asymmetry problem: Relatively modest capabilities seem able to inflict tremendous damage on America’s economy and society.  Moreover, the perpetrators could be exceedingly difficult to track down and hack in return, and these enemies would have relatively little to lose in terms of physical assets and large-scale social systems. These observations lead me to the conclusion that the key to defeating these hackers lies not in the cyber realm but in the domain of broader counter-terrorism policies.