Im-Politic: An Impeachment Red Herring from House Judiciary

Tags

Constitution, Democrats, executive privilege, House Judiciary Committee, Im-Politic, impeachment, Jerrold Nadler, Mueller Report, Nancy Pelosi, Robert Mueller, Special Counsel, Trump

You know the Shakespearian expression, “The lady doth protest too much, methinks”? A wonderful way of describing someone who makes an argument that’s so over-the-top that it undercuts credibility?

I couldn’t help but think of it while reading the new report from the House Judiciary Committee’s Democratic staff on “Constitutional Grounds for Presidential Impeachment.”

I’m not talking about the substantive credibility of the case for President Trump’s impeachment (and/or removal from office). Instead, I’m talking about the case’s political credibility. Because this new study makes nothing so clear as the belief of the Committee’s majority Democratic members that they haven’t yet convinced enough of the American people that their efforts to oust the President are justified. And no doubt this conclusion applies to numerous others in the party’s House majority and in the Senate.

No one can have any legitimate issue with the Committee releasing such a report. As Chairman Jerrold Nadler of New York notes, the full committee staffs put out similar studies in connection with the 1974 impeachment proceedings against President Richard Nixon, and those against President Bill Clinton in 1998. (One important difference: Unlike the previous reports, this new study was the product only of one party’s staff.) And scholarship has of course advanced since then.

But in the process of “Addressing Fallacies About Impeachment,” the Democratic staff created some itself – that impeachment proponents are maintaining that impeachment “is not part of democratic constitutional governance”; that because a presidential election is coming up, a chief executive “is entitled to persist in office after committing ‘high Crimes and Misdemeanors’”; and that such a President’s voters consider themselves “entitled to expect that their preferred candidate will do so.”

These arguments are transparently fallacious because none of the President’s backers has questioned the legitimacy of impeachment per se, and none believes that, whatever the political calendar, any office holder deserves to keep on serving after committing impeachable offenses.

To use an obvious but instructive example, just ask yourself: If Mr. Trump had committed a crime in public view – e.g., stood “in the middle of Fifth Avenue and [shot] somebody,” as he once suggested during his campaign, in a (typically) hyperbolic efofrt to describe his popularity with his base – does anyone seriously think that even the staunchest Trump-er would respond (if there were no extenuating circumstances, like self-defense) “Nope, nothing impeachable here. Let’s just let him serve out his term.)

(Interestingly, outside the impeachment context, the President’s lawyers have argued that Mr. Trump, or any President, couldn’t be criminally indicted for such an act while in office, but that’s a separate issue from impeachment.)

What Trump supporters are saying is that, after literally years of investigations – by Congress and by a Special Counsel (Robert Mueller) whose integrity no Trump opponent questioned – no conclusive evidence of impeachable transgressions has emerged. And that given the approach of a new election that would give the public a chance to decide the President’s fitness for office (an opportunity that was not available for second-term Presidents Nixon and Clinton), the best course for the country’s sake is moving on from the current proceedings. In other words, they’re making a political and policy argument, not a Constitutional argument.

For example, the Mueller report specifically concluded that “the evidence was not sufficient to charge that any member of the Trump Campaign conspired with representatives of the Russian government to interfere in the 2016 election” and, more controversially, regarding obstruction of justice allegations:

“[I]f we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgment. The evidence we obtained about the President’s actions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.”

As numerous impeachment backers have pointed out, in his post-report press conference, Mueller did note, in the course of explaining the substantive and Constitutional obstacles to accusing a sitting President of criminal behavior, that “the Constitution requires a process other than the criminal justice system to formally accuse a sitting President of wrongdoing.” And of course that was a reference to impeachment.

But neither Mueller nor his report has stated that Mr. Trump actually has committed an impeachable defense, or explicitly said that enough evidence exists to warrant an impeachment inquiry. The Special Counsel simply observed that, if Congress has enough further problems with the President’s actions, it has a Constitutionally permitted avenue for pursuing these concerns.

It’s true that Congress has not yet had the chance to question under oath current and former administration officials who might be able to provide first-hand evidence of impeachable Presidential wrongdoing, and that the initial obstacle has been Mr. Trump’s refusal to permit them to testify.

That opposition could well stem from the President’s fear of what these figures might say. But it could also stem from legitimate concerns about executive privilege – a President’s recognized right, originating in the separation of powers created by the Constitution, to keep under wraps, including from Congress, internal deliberations of his or her administration.

This privilege is by no means absolute, and such Executive-Legislative branch disputes can be refereed by the courts. But Congress’ Democrats have declined to go this route either to compel such testimony, or free up impeachment-relevant records. In this regard, therefore, they so far have no one to blame for the absence of a “smoking gun” but themselves.

So why are the Judiciary Democrats serving up this red herring? I’m not a mind-reader, but Congress’ Democratic leaders acknowledge that they’re following the polls, and they show plain as day that, since late October, public support for impeachment and removal has fallen steadily – to the point where it’s clearly under 50 percent and still shrinking. And some evidence shows that the numbers are worse for the Democrats on this issue in key presidential election battleground states and Congressional districts crucial to their continued control of the House.

I’m not questioning whether House Judiciary Democrats, or any other Trump opponents, sincerely believe that the President has committed impeachable offenses, or whether they view the evidence as clearcut and even overwhelming. But the new Judiciary report’s baseless charge Trump supporters would oppose impeachment under any circumstances is strong evidence that, in this ultimately political debate, they’re far from making the political case.

House-Keeping: I Just Got Suspended by Twitter??!?!!?

Tags

censorship, free expression, free speech, Im-Politic, social media, Twitter

Many of you who know me either in person or through my writings know that I adore Twitter.  I’ve repeatedly stated that by light years it’s the most effective medium I’ve ever used from the standpoint of reaching individuals and organizations I very much want to reach.  It’s also great for challenging users to express themselves pithily.

So imagine my surprise early this afternoon to have found out that my Twitter account has been “suspended”!

This action could be a simple mistake.  (After all, like all the major social media platforms, Twitter deals with huge numbers of users.)  But the timing (the day of some major Trump impeachment hearings) does look a little fishy.

Of course, one of the more frustrating aspects of this incident is that there’s no way for me to find out Twitter’s reasoning yet – assuming I was suspended “for cause.”  Nor is it possible for me to identify any accusers, either who work for Twitter or not.  And I may never find out.  It’s also noteworthy that the suspension wasn’t preceded by a warning of any kind.  One minute, I was a tweeter in good standing, and the next, sentenced as a bad actor and silenced.

The platform does permit users to appeal suspensions, and the process includes an opportunity for me to plead my case.  (I’ve done both.)  But apparently it’s up to me to prove my innocence – not the other way around, as is the case with virtually the entire American legal system (the IRS appeals process being a notable exception).

Thanks to the telephone and email, I’ve been able to spread the word to some friends, colleagues, and other contacts, who have begun to question the decision on Twitter and via other media.  If anyone reading this would like to do the same, I’d be very grateful.

Nothing I’ve ever tweeted has been any more profane, ad hominem, knowingly false, or otherwise offensive than anything I’ve written here – or anywhere else.  And like I said, maybe the software just messed up.  But if not, my suspension (however brief or long) would raise some serious questions about how much longer Twitter and other platforms should be permitted, without any regulation or even simple accountability,  to play such an increasingly dominant role in the national and global public squares.  And yes, I’ll pass on word of any new developments as soon as I get them.  (Unless I’m subjected to a gag order???)

 

 

 

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

Tags

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.

 

Making News: Speaking at a D.C. Conference Today on Antitrust and Trade Policy

Tags

antitrust, competition, free trade, globalization, Im-Politic, monopolies, monopoly, The American Conservative, The American Prospect, Trade

I’m pleased to announce that I’m scheduled to speak this morning at a conference in Washington, D.C. on the increasingly weird relationship between American trade policy and American antitrust policy.

The overall event focuses on the troubling rise of monopolies and oligopolies in general in the U.S. economy in recent decades, and is co-sponsored by The American Conservative and The American Prospect – two magazines pretty far apart on the political spectrum.  My own presentation will draw on my article earlier this year on the subject in the summer issue of American Affairs.  (Yes, yet another political publication!).

If you live in the D.C. area, the event will be taking place at the National Press Club downtown starting at 11 AM.  If not, I haven’t yet found anywhere where the conference can be seen live on-line.  But if I do before I actually mount the rostrum, I’ll try to send it out.  And of course, once a link to any video is posted, I’ll let you know ASAP.

In the meantime, wish me luck, and keep checking in with RealityChek for news of upcoming media appearances and other developments.

Im-Politic: Impeachment and the Mind of a Diplomat II

Tags

2016 election, 2020 election, Burisma, election interference, Hunter Biden, Im-Politic, impeachment, Joe Biden, Rudy Giuliani, Trump, Ukraine, William B. Taylor

Monday’s post detailed one reason for viewing skeptically the upcoming public impeachment testimony of supposed prosecution star witness William B. Taylor – evidence of his inability or unwillingness to make the crucial distinction between President Trump differing with him on a policy issue (dealing with Ukraine), and the chief executive committing an offense that warrants a House of Representatives indictment and possible removal from office by the Senate.

Today I’ll air a more serious challenge to his credibility – which I hope is highlighted into the testimony he’s scheduled to give this morning at the first session of open impeachment hearings. For whatever reason (the above failure, his crush on Ukraine), Taylor’s views on the crucial issue of uncovering U.S. campaign interference by Ukraine resulted in his taking an unacceptably one-sided position.

I can’t go so far as to accuse Taylor of deliberate partisanship – because I can’t read his mind. But his closed-door testimony to House investigators October 22 and answers to their questions showed unmistakably that his allegation of a Trump administration Ukraine military aid delay for partisan political reasons results from criteria that were capable only of producing partisan results.

Specifically, in his testimony last month, Taylor continually portrayed himself as a non-partisan career public servant who had single-mindedly pursued American objectives that lay beyond any legitimate controversy, and who was therefore determined to keep domestic politics out of U.S. foreign policy. That’s also how he’s been described by his admirers. But when it came to two such policy imperatives – uncovering election interference from a foreign government (Ukraine’s) and fighting the corruption that has crippled that country’s economy and democracy building efforts, and undermines American aid programs – Taylor’s record unquestionably skewed in favor of the Democratic party.

Despite pretty much universal American public support for preventing future foreign meddling in U.S. politics – which of course requires identifying as many sources of such previous interference as possible – Taylor not only displayed no interest in learning more about clearly documented meddling from Ukraine officials (including those remaining in power). By his own account, he seemed to refrain actively from learning anything about it.

/For example, Taylor acknowledged a deep “emotional” attachment to Ukraine and – in his words – “stayed engaged” with the country while serving in private sector positions for a decade before returning to Kyiv as a Trump administration envoy this past June. Yet he claimed that when he resumed an official role, he knew nothing about that country’s efforts to prevent Mr. Trump’s election even though the country’s ambassador to Washington had published an op-ed in The Hill newspaper in August, 2016 opposing Mr. Trump’s election bid (which was featured prominently on his embassy’s website), and even though these and other similar developments had been reported in August, 2016 by the Financial Times and in January, 2017 by Politico.

In addition, Taylor testified that he was never briefed on these matters when he took charge of the U.S. embassy in the country, and evidently never sought a briefing, either. The only meddling-related subject he had some prior knowledge of, and was briefed on, was the successful effort by a Ukraine political reformer and parliamentarian to expose off-the-books cash payments in 2005 to future Trump campaign chief Paul Manafort when he was advising and lobbying for the pro-Russian political factions.

Even so, Taylor proceeded to justify his ignorance by insisting that these activities were only undertaken by “some Ukrainians, a couple of Ukrainians….none of those were in” the country’s current administration with one exception – the powerful Interior Minister. (Actually, the envoy who published the 2016 anti-Trump article stayed in office through this past summer.) And when asked “isn’t it fair to say that, if you’re aligned with the Trump administration, isn’t it legitimate to have a good-faith belief that Ukrainians were operating against you in the 2016 election?” Taylor replied diffidently, “You could have that opinion, that some were.”

Stranger, and flimsier, still were Taylor’s stated reasons for dismissing as “help with a political campaign” and a bid for “domestic political gain” Trump administration efforts to the probe Democratic presidential candidate Joe Biden’s son’s lucrative dealings with a Ukraine energy firm while the former Vice President served as the Obama administration’s point man for the country.

These included a bizarre claim that rather than focusing on “individual cases” – like Hunter Biden’s service on the board of the Burisma company – America’s longstanding anti-corruption policies in general concentrated on “the importance of honest judges, of the selection process for judges, the selectjon process for prosecutors, the institutions.” And evidently, he saw no reason to make an exception even when the individual case raised the possibility of influence-peddling at the highest levels of an administration only a few years out of power.

They included the even more disturbing contention that the “irregular channel” of Trump administration Ukraine policy headed by former New York City Mayor Rudy Giuliani was illegitimate because it, in his view, it “wanted to focus on one or two specific cases, irrespective of whether it helped solve the corruption problem, fight the corruption problem” – meaning that Taylor ruled out chance that a “specific case” involving the family of the former Vice President of the United States and the government of a country he insists is a vital strategic partner of the United States could warrant any special attention.

They included the confidence that Giuliani’s sole interests were strengthening influencing the upcoming presidential election rather than corruption fighting based largely on a New York Times article reporting “that Giuliani was interested in getting some information on Vice President Biden that would be useful to Mr . Giuliani’s client,” along with Taylor’s refusal to answer the question of whether it’s “possible that the request to investigate interference with the 2015 election was not to influence a future election?”

They included Taylor’s additional statement that the Trump-Giuliani probe was ipso facto inappropriately political “Because as I understood the reason for jnvestigating Burisma was to cast Vice President Biden in a bad light” – which amounts to the unacceptable position that corruption suspects should be immune from official investigations if they decide to run for office.

And they included Taylor’s attempts to avoid opining on whether “A reasonable person could conclude that there ‘is a possible perceived conflict of interest” raised by Hunter Biden’s employment at Burisma. His performance is so comically evasive that it’s worth presenting in full (starting on p. 316 of the hearing transcript and beginning with a question from a Republican committee staff member):

Q: “ You would agree that, if Burisma – if their motivation for engaging Hunter Biden for their

board was not related to his corporate governance expertise but, in fact, was hoping to buy some protection, you would agree that’s worthy of investigating, right?

A: …I don’t know why Burisma got him on the board.

Q: But if Ukrainians were engaged in misdeeds or wrongdoing with regard to putting Hunter Biden on theirboard, that could be something that could be worth investigating, right?

A: I don’t know. I don’t know. I don’t know the relationship that he had with the board. I don’t know.

Q: Okay. And, at the time, the Vice President had a you know, policy supervision of Ukraine on some respects.

A: He was very interested in policy with Ukraine, yes.

Q: Okay. So do you see a perceived conflict of interest there?

A: I’m a fact witness. I ‘m not giving opinions on –

Q: Okay.

A: – this thing, but – so I –

Q: Is it reasonable to see a perceived conflict of interest there, or is that crazy?

A: I’ve said other things are crazy.

Q: A reasonable person could conclude that there is a possible perceived conflict of interest there, right?”

At this point, one of Taylor’s personal lawyers interjected:

“You asked him that question earlier, at the beginning, about 7-1/ 2 hours ago. It was one of the first questions you asked him. He’s already answered it.” 

Again, Taylor has every right to prefer Biden’s views on Ukraine to Mr. Trump’s, and essentially to define that country’s unmistakable interference with the 2016 U.S. elections out of existence.  But holding these positions while professing political neutrality take gall and sanctimony to an entirely new level.  And Americans will have reason enough to be thankful for the impeachment proceedings if they indicate how widespread these views have been lately among the nation’s so-called foreign policy professionals.       

 

Im-Politic: On Sports, Politics, and Boundaries

Tags

boycotts, China, culture, entertainment, First Amendment, free speech, Hong Kong protests, Im-Politic, national anthem, National Basketball Association, National Invitational Tournament, NBA, politics, Princeton University, protests, social media, sports, Vietnam War

One my my funnest (indulge me) memories of college was driving round trip between central New Jersey and New York City’s Madison Square Garden four times one week in the spring of 1975 to see the Princeton men’s basketball team play in – and win! – the National Invitational Tournament (which was a reasonably big deal back then).

During one of the games, a friend and I unfurled a dorm-made sign protesting something or other about the rapidly ending Vietnam War. We considered it an important message to send, and given the conflict’s damage to America’s economy, politics, society, and culture, and given the destruction wreaked throughout Southeast Asia, I have no problem all these decades later with the content.

In retrospect, though, I wish we’d left the banner back on campus, because I’m now convinced that injecting political and policy debates into a college basketball game wasn’t the right decision. I’m bringing it up today because I wish those well-meaning basketball fans supporting the Hong Kong protesters and China’s other repressive policies inside the arena would recognize that these actions are mistaken, too.

Don’t get me wrong: As I’ve written, I have no problem with athletes and other figures from the sports world expressing political and policy views. I don’t find them to be of any special interest, and way too often they’re the epitomes of ignorance, virtue signaling, or both. But all of them – along with celebrities and others from entertainment circles – unmistakably enjoy the same First Amendment rights of all other Americans. (Complications do arise, however, when their free speech rights clash with their obligations as employees of companies concerned that such words and actions will be bad for business.)

In fact, I’ve also urged National Basketball Association officials, players, owners, and other employees to think much more seriously about their partnership with China (and, by extension, other repressive countries), and even consider a boycott.

But just as I’ve urged athletes to keep their political views (e.g, taking a knee during the playing of the national anthem before pro football games) off the court and playing field (because their fame gives them so many other high-profile opportunities to speak out – and to big audiences), I’d urge fans to keep home their own beliefs, however heartfelt and morally compelling. The same, by the way, should apply to entertainers turning awards shows into political fora.

For even though spectators lack the renown and followings of athletes and entertainers, they’re hardly devoid of influence. They can choose to stay away from arenas, cinemas, theaters, and other venues showcasing performers, franchises, or entertainment businesses whose actions or statements they dislike. They can also organize boycotts of these individuals and organizations if they wish – and social media gives them a more powerful megaphone than ever. (For the record, I’m anything but enthusiastic about such politicization, especially regarding prominent individuals and organizations who fail to take desired stances.)

And I can’t imagine how any court could legitimately decide that such protesters aren’t allowed to make their views known verbally and/or visually on public transportation corridors and systems leading to and servicing sports or entertainment venues (subject of course to any level of government’s right to regulate protest activity in such a way as to permit travel and other everyday activity from proceeding).

But even if businesses and organizations that stage sports or entertainment events lacked the legal authority to ban activity at events that has nothing intrinsically to do with the sporting or entertainment angle of these events (the current legal consensus is pretty unclear, at least judging from this article), would anyone this side of rational and sane really want to go to, say, a Los Angeles Lakers pro basketball game and be forced to listen to some attendees heckle star LeBron James all contest long for his failure to condemn China’s human rights practices? Or to need to see “Free Hong Kong” banners throughout the Staples Center or any other NBA court?

The law plainly prevents such heckling or chants or other disruptive behavior at entertainment events where it’s crucial to listen to the performers. But even when speaking and listening aren’t important, who would really want to visit an art museum whose every gallery contains a protester or two or ten holding up Pro-Life or Pro-Choice signs? Who would really want to walk around a Central Park blanketed with Dump Trump or MAGA posters?

The sports, entertainment, and cultural worlds shouldn’t be shielded from politics and policy, and indeed can’t be – unless we want to make them completely irrelevant to our lives and to our posterity. But given all the opportunities available to all Americans nowadays to express political and policy views, it seems not only entirely reasonable to treat actual performances as refuges – including as escapist opportunities, from these other spheres, but essential to the health and vibrancy of both individuals and the nation as a whole. And these are boundaries that a genuinely wise society should be respected regardless of whether, and to what extent, they’re legally enforceable or not.

Im-Politic: The NBA’s Not Real Woke on Hong Kong

Tags

Adam Silver, basketball, Bradley Beal, China, Chris Paul, Daryl Morey, David Fizdale, democracy, Draymond Green, Golden State Warriors, Gregg Popovich, Hong Kong, Hong Kong protests, Houston Rockets, human rights, Im-Politic, James Harden, Jaylen Brown, Kevin Durant, LeBron James, National Basektball Association, NBA, Russell Westbrook, Steph Curry, Steve Kerr, Tilman J. Fertitta, Trump, Twitter, Uighurs

In recent years, the National Basketball Association (NBA) has worked hard to earn its reputation as the most socially conscious sports league in America and possibly the world – and certainly its owners and Commissioner Adam Silver have both permitted the players to speak out on various political and policy issues, and demonstrated a pretty high degree of “wokeness” themselves. Nor has American men’s pro basketball’s commitment to social and economic and political justice been limited to words. Time after time, many of the NBA’s biggest stars and most successful franchises and coaches have backed up their rhetoric with actions, ranging from boycotting events with President Trump to supporting social programs in low-income communities and other worthy causes.

What a shame, then, that neither the players’ nor management seem to believe that Hong Kong’s democracy protesters deserve even a syllable of sympathy. Worse, the issue has gotten the silent treatment even from the NBA’s most outspoken figures, and the league itself just made clear that it’s so determined to maximize profits in its current huge and potentially much bigger China market that it’s given the cause of freedom in Hong Kong – and by extension, the mainland – the back of its hand.

Hong Kong has been in turmoil since June, engulfed by massive, angry, and sporadically violent protests – and a more violent government crackdown – triggered by the government’s proposal of a law that would enable the extradition of criminal suspects to China. To be sure, despite Beijing’s promise as part of the 1997 “handover” agreement with the city’s British colonial rulers to permit Hong Kong to retain its largely democratic political system and rule-of-law legal system to remain in place for fifty years, China has steadily encroached on those freedoms practically since Hong Kong became a “Special Administrative Region” of the People’s Republic.

Nonetheless, the extradition measure has apparently convinced many Hong Kong-ers that China has greatly sped up the timetable for replacing the “one country, two systems” arrangement with “one country, one system.”

But although the NBA has been a large and rapidly growing presence on the Chinese sports scene for decades, there’s no record of anyone associated with the league making any remarks on the Hong Kong situation until last Friday – when Houston Rockets General Manager Daryl Morey tweeted “Fight for Freedom. Stand with Hong Kong.”

That long-time silence isn’t necessarily proof of NBA hypocrisy. What does look disgraceful is the U.S. pro basketball world’s reaction. Morey’s boss, Houston owner Tilman J. Fertitta, denounced the tweet, insisting that the Rockets “are NOT a political organization.” The NBA itself expressed “regret” that Morey had deeply offended many of our friends and fans in China” and specified that his backing of freedom in Hong Kong “does not represent…the values of the league.”

It’s important to note that Morey has (so far) kept his job – after deleting the original tweet from his account and sending out a subsequent statement on the network indicating some contrition, albeit seemingly for commenting on Hong Kong in haste, without considering “other perspectives” and not for his Hong Kong views per se. The NBA also pointedly declared that it backs individuals “sharing their views on matters important to them.”

But there can’t be any reasonable doubt that the NBA’s China stance has been much more timid than its position on issues such as rebuking President Trump – which prompted this statement from Silver:  “These players in our league, our coaches, are speaking out on issues that are important to them and important to society. I encourage them to do that.”

Nor can there be much doubt that the league’s Hong Kong timidity stems from China’s sharp reaction – which has so far included decisions by the league’s chief Chinese digital partner and state media (the only kind permitted in China) to remove Rockets games from their broadcasts, and by the country’s official basketball organization to “suspend cooperation” with the Houston franchise.

In fact, the NBA’s record on other China-related issues looks pretty shabby, too. As reported on Slate.com:

“The league runs a training center in Xinjiang, a region where the state has imprisoned and subjugated an entire class of people who are part of the Uighur minority. The NBA’s most progressive coaches, Steve Kerr and Gregg Popovich, have rightfully spoken out against the Trump administration’s Muslim ban. If anyone associated with the league were to bring attention to human rights abuses, it’s them, but neither man publicly addressed the Chinese government’s imprisonment of roughly a million Uighurs while they were in the country with USA Basketball [the private, non-profit organization that, among other responsibilities, supervises American participation in international basketball competitions like the Olympics] for this summer’s FIBA [International Basketball Federation] Championships.”

All the same, the number of ordinarily outspoken star NBA players, prominent teams, and leading coaches who to date have said absolutely nothing about the Hong Kong protests – or the league’s plain vanilla reaction – is stunning, and aside from Kerr and Popovich includes the following (as of early this afternoon):

Lebron James, Steph Curry, the Golden State Warriors, Draymond Green, Kevin Durant, Bradley Beal, Jaylen Brown, David Fizdale, and Chris Paul.

But even their silence looks good next to James Harden’s reaction: He’s apologized for Morey’s original tweet both on his own behalf and that of Houston Rockets teammate Russell Westbrook.

And here’s what’s even weirder about this soft NBA cave-in to China: It apparently hasn’t occurred to anyone associated with the league that it’s astronomical popularity in the People’s Republic is not only an immense cash cow – it gives them considerable leverage, too. Sure, if major American basketball figures decried repression of Hong Kong-ers, or the Uighurs, or any other Chinese, the government could drastically reduce the NBA’s activities in China and reduce the league’s profits. But just how well is that likely to sit with China’s legions of basketball fans? And given the unrest in Hong Kong, would Beijing really be so anxious to antagonize another significant chunk of its citizenry?

The answer might indeed be “Yes.” But wouldn’t it be interesting and important – not to mention courageous and inspiring – if any of pro basketball’s (already incredibly wealthy) social justice warriors decided to put this proposition to the test?

Im-Politic: Why Trump’s Ukraine China Ask Was So (Needlessly) Stupid

Tags

China, collusion, conflict of interest, Democrats, election 2020, Hunter Biden, Im-Politic, impeachment, Ivanka Trump, Joe Biden, Obama, Pelosi, Swamp, Trump, Trump-Russia, Ukraine

It’s lucky for President Trump that being stupid per se isn’t (yet?) grounds for impeachment, because if it was, his recent call for Beijing’s aid to investigate the Biden family’s possibly corrupt activities in China would surely qualify. In fact, it’s hard to think of a presidential action in recent memory that fails on so many substantive and political grounds. And no, I don’t agree with Florida Republican Senator Marco Rubio that the President was simply trying to troll the press.

Even so, it’s still possible that this episode could have a silver lining for Trump-World.

First, let me repeat my previous position that there’s absolutely nothing wrong with Mr. Trump probing Hunter Biden’s business dealings in China, Ukraine, or anywhere else, and whether they’ve improperly or illegally influenced U.S. policy toward those countries while his father was Barack Obama’s Vice President. In fact, since the current challenges and opportunities facing Americans nowadays from both countries have been strongly affected by policy decisions made during the Obama years, every American caring about the nation’s interests should want to know more about the Bidens’ goings on.

Nor should Joe Biden’s presidential bid this year shield him from scrutiny. In fact, as the President has pointed out in remarks on the Bidens and China, the former Vice President’s White House bid makes full disclosure absolutely essential. After all, as Mr. Trump has asked, “How would you like to have, as an example, Joe Biden negotiating the China deal if he took it over from me after the election? He would give them everything. He would give them everything. How would you like to have that?”

Can Americans be certain that a President Biden would sell his country down the river in China trade talks or on other fronts? Of course not. Can they be certain that Biden let China off the hook on various important interests, or urged doing so, since Hunter (successfully) began soliciting Chinese business in 2010? No on that score, too. But the uncertainties created and the undoubted, ongoing possibility of various payoffs are precisely why conflict of interest laws are on the books to begin with.

Moreover, conflicts of interest are especially important to investigate when it comes to countries like China and Ukraine. For there, governments and/or the oligarchs to which they’re closely connected call all the major economic and business shots.

Of course, claims abound that Mr. Trump is vulnerable to comparable (or even worse) charges. But regarding the Russia allegations, they’ve been big news since his 2016 Republican primary campaign began gathering real steam. In addition, after his inauguration, they were thoroughly examined by a Special Counsel probe that lasted nearly two years. And so far he’s still innocent until proven guilty in a legal sense. In addition, and revealingly, the current impeachment probe isn’t attempting to revive any of these charges.

Policy-wise, the Trump Russia record has been mixed, including support for measures (like strengthening the U.S. military presence in Eastern Europe right up against Russia’s borders, and strongly backing the American fossil fuels production revolution), that plainly aren’t pleasing Moscow.

It’s true that Trump daughter Ivanka operated a business that made shoes and apparel in China and imported these wares into the United States. I’d joined the ranks of those who believed those ties should have been severed at least once Mr. Trump became the Republican nominee. But Ivanka Trump has now shut down her China business. And can anyone seriously believe that in return for whatever copyrights she received from Beijing while her father was in office, that the President has taken it easy with China? After tariffs on literally hundreds of billions of dollars worth of Chinese products that have deeply wounded China’s economy? And a Taiwan policy that has poked Beijing in the eye on an issue of deep importance to China’s leaders and many of its people?

By contrast, it’s entirely legitimate – and important – to point out that the Obama-Biden record on both China trade and security issues was an eight-year exercise in coddling Beijing.

And both leaders’ records get to much of the reason why the President’s ask to Beijing was so boneheaded. Whether the Bidens are playing dirty or not, how can it help but legitimately expose Mr. Trump to the same kinds of conflict-of-interest charges he’s leveling against Biden? Indeed, House Speaker Nancy Pelosi is now making them. Moreover, it’s not as if China has anything like an impartial, rule-of-law-dominated criminal justice system. And let’s not forget the so-called political optics of his gambit at precisely the time when Beijing is violently repressing democratic protests in Hong Kong. “Appalling” isn’t too strong an adjective.

Just as bad, the President’s ask undercuts one of his most effective campaign themes – that for decades, his predecessors and their cronies had conspired with foreign governments like China’s to shaft everyday Americans on trade issues in particular. Just think back to his Inaugural Address. So now the same Chinese regime that’s conspired with Swamp-ers from both parties is supposed to help a President damage someone he’s labeled (with good reason) as a prime member of that corrupt complex?

The only justification I can think of for the China ask – at least politically – is the following (and don’t think I’ve got a lot of faith in this speculation): Now that Beijing has brushed off the President, he could turn around and contend that the Chinese are helping the Bidens cover up. Substantively – and whether this objective is being sought intentionally or not – the China ask could result in Mr. Trump taking a harder line on the trade talks.

More credibly, and encouraging in my eyes given my doubt that any verifiable China trade deal is possible: Even had Beijing complied, the President could come under enough Pelosi-like pressure to make impossible the kind of cosmetic deal that in principle could have solved some big potential China-related political problems heading into the election (i.e., with farmers angered at losing a big export market, or consumers outraged at tariff-induced higher prices).

The problem is that constructing these kinds of tortuous scenarios should be completely unnecessary, because, as I’ve stated,

>the Bidens’ conduct has been so questionable;

>the China-related case against them looks so compelling:

>Mr. Trump surely can get enough damning foreign government information about their doings from less substantively and politically controversial sources like Australia and, yes, Ukraine (to which the Democrats seem strongly devoted); and

>consumer and farmer complaints aside, the Democrats will have a devil of a time this coming election year making political hay by accusing the President of being too tough on China.

So the China ask looks an awful lot like another damaging and completely unforced Trump error. Nonetheless, the next time such a blunder seals his political fate will be the first. And even though my above scenario is pretty far-fetched, who can still confidently say that the President’s string of good luck has finally run out?

Im-Politic: Why Former Ukraine Envoy Kurt Volker Really Matters

Tags

America First, foreign policy establishment, globalism, Hunter Biden, Im-Politic, Joe Biden, John McCain, Kurt Volker, Russia, Trump, Ukraine, Ukraine Scandal, Vladimir Putin

Kurt Volker, who just resigned as special U.S. envoy to Ukraine, is testifying in closed session to Congress today, presumably to shed light on charges that President Trump improperly (and maybe impeach-ably) asked that country’s leader to investigate possible corruption by Democratic Presidential candidate and former Vice President Joe Biden and his son Hunter.

As much as I’d like to know what Volker says on this score, I worry that neither the lawmakers questioning him nor America’s supposedly watchdog Mainstream Media will examine an issue that’s at least as important: Why on earth did the Trump administration hire Volker in the first place? Because the likeliest answer will provide more evidence about an immense flaw in Mr. Trump’s foreign policy, and a consequent, neglected danger to American democracy, that shows no sign of ending any time soon.

President Trump, after all, campaigned promising to disrupt and transform American foreign policy. Out would be what he condemned as a globalist strategy that inevitably led to Forever Wars in places like the Middle East, and benefited only the country’s elites. In would be an “America First” approach he claimed would serve the entire nation’s interests.

As I’ve explained, the President’s foreign policy record in office has been mixed, but America First elements have definitely been introduced. And one of the biggest examples is policy toward Russia – whether you believe Mr. Trump has been motivated by a conspiracy with Russia strongman Vladimir Putin to fix the 2016 election, or by a sincere determination to deal realistically with a major (and nuclear-armed) military power.

And one of the biggest pre-Trump U.S.-Russia sticking points had been Ukraine – whose independence (including the freedom to tilt toward the West if it wishes) globalist U.S. Presidents have tried to maintain, against Moscow’s designs, but which Russia believes belongs squarely within its sphere of influence.

I’ve previously argued against antagonizing Russia over Ukraine because the latter’s fate was never viewed as a vital U.S. interest even during the Cold War. The idea that it’s become more important now makes no sense at all from an American standpoint. Worse, the United States plainly lacks anything close to the military capability to help Ukraine decisively (just look at a map if you don’t already understand why). So policies like arming the country to the hilt, and encouraging the idea that it can resist Russian hegemony militarily, look suspiciously like virtue-signaling exercises to “fight to the last Ukrainian.” Vastly preferable for all concerned, as I see it, is something like the deal I first outlined here.

The President has said little explicitly on the subject, but his reluctance as early as the 2016 campaign to go all-in on Ukraine arms aid indicates he’s open to such thinking (again, whatever his motives).

Which is why the Kurt Volker appointment was so bizarre. For Volker has long supported a hard-line anti-Russia approach to Ukraine. In fact, he was such a strong backer of military aid (and a “military solution” to the ongoing crisis) that he viewed former President Barack Obama’s Ukraine policy as needlessly spineless. Indeed, Volker is a protege of the late Arizona Republican Senator John McCain – one of the most prominent of the Ukraine-Russia hawks, and a leading Trump critic on foreign policy and many other issues – and in 2012 became head of a new institute created at Arizona State University to promote such ideas. (That’s why the school’s student newspaper broke the story of his resignation from the Trump administration late last month.)

Neither Volker’s views nor his affiliation with McCain is the slightest bit improper. (His work for defense contractors who would profit handsomely from Ukraine arms sales? That’s another matter altogether.) What is downright weird – and troubling for two reasons – is Volker’s decision to take a job with Mr. Trump’s State Department.

The first reason has to do with whose agenda Volker was serving – the elected Mr. Trump’s, or the globalist foreign policy establishment in which he worked for three decades. Given all the evidence that’s emerged throughout the Trump administration of bureaucrats and even Trump appointees committing acts of “resistance”. (See here for numerous examples, along with this unprecedentedly anonymous New York Times op-ed.) Given Volker’s ties to McCain, and given the way the so-called Ukraine scandal has so suddenly become a threat to Mr. Trump’s presidency, it’s vital to know whether Volker was one of these subversives.

If anything, the second reason is more depressing. For Volker’s appointment in the first place once again reveals a chronic weakness of the Trump administration and “Trump-ism” that will take many years to address even if the President and his supporters started right now: Mr. Trump entered office well before he or like-minded individuals paid any attention to the task of developing a group of skilled policymakers and analysts capable of staffing an administration both competently and loyally. As a result, the President had no choice but to fill any number of key posts with figures who, even when Republican and/or conservative, were far from America Firsters.

Not that this situation excuses the resistance that so many of these officials have mounted. But until those with Trump-ian leanings and the needed resources start creating the institutions needed to give these ideas scale and staying power, conservative nationalism, or nationalist populism, or whatever you want to call it, may wind up as a flash in the pan. Moreover, even if its adherents can keep the presidency, the clandestine bureaucratic revolt that’s been waged for three years, with all its dangers to accountable, democratic government, is only likely to worsen. And you should worry about that even if you’re a Never Trump-er.

Im-Politic: Why the Impeachment Case Isn’t Even Remotely Serious Yet

Tags

collusion, Deep State, Democrats, foreign aid, House of Representatives, Hunter Biden, Im-Politic, impeachment, Joe Biden, military aid, Mueller investigation, Nancy Pelosi, Trump, Trump-Russia, Ukraine, Viktor Shokin, Volodymyr Zelensky

OK, it’s not a verifiably un-doctored recording (apparently, they’re never available) – even though nearly all the Democratic members of the House of Representatives and many of the party’s presidential candidates view it as more than enough to warrant President Trump’s impeachment. (Removal from office? We’ve heard much less on that related but separate matter.)

All the same, the record of President Trump’s July 25 phone call with his Ukrainian counterpart, Volodymyr Zelensky, sure doesn’t look like a Nixonian smoking gun to me – and yes, in the interests of full disclosure, I strongly support many of Mr. Trump’s policies.

The allegations that led the President to release this document – which was apparently prepared via the same procedures normally used for all such confidential conversations – haven’t always been made with exactly surgical precision. So in this vein, the most useful version may come from an opinion article written for the Washington Post by seven freshman Democratic House Members.

Because of the prior national security experience all of them boast, and their reputations for moderation, the concerns they expressed yesterday reportedly imbued the push for impeachment with enough momentum to spur House Speaker Nancy Pelosi to authorize the launch of an “official impeachment inquiry” – an unusual procedure that seems to have no bearing on the various ways that this body has initiated impeachment proceedings in the past, and that certainly doesn’t guarantee the holding of the kind of full House vote needed to impeach and move to a Senate trial to determine removal.

Here’s what those seven first-term Democrats wrote:

“The president of the United States may have used his position to pressure a foreign country into investigating a political opponent, and he sought to use U.S. taxpayer dollars as leverage to do it. He allegedly sought to use the very security assistance dollars appropriated by Congress to create stability in the world, to help root out corruption and to protect our national security interests, for his own personal gain.”

But the way I read it, nothing in this version of the conversation does much to support either charge. Some of the key passages seem to be the following:

“President Zelenskyy: … I would also like to thank you for your great support in the area of defense. We are ready to continue to cooperate for the next steps specifically we are almost. ready to buy more Javelins [portable anti-tank missiles] from the United· States for defense purposes.

“The President [Trump]: I would like you to do us a favor though because our country has been through a lot and Ukraine knows a lot about it. I would like you to find out what happened with this whole situation with Ukraine, they say Crowdstrike… I guess you have one of your wealthy people… The server, they say Ukraine has it. There-are a lot. of things that went on, the whole situation . I think you’re surrounding yourself with some of the same people. I .would like to have the Attorney General call you or your people and I would like you to get to the bottom of it. As you saw yesterday, that whole nonsense ended with a very poor performance by a man named Robert Mueller, an incompetent performance, but they say a lot of it started with Ukraine. Whatever you can do, ·it’s very important that you do it if that’s possible.”

Despite the non-coercive language, President Trump clearly established a quid pro quo involving U.S. military aid and Ukrainian cooperation on an investigation having to do with American politics. For me, the key is his use of the word “though” in his first sentence. (Not that Mr. Trump will win any articulateness awards.)

But where is the evidence that the quid pro quo involves a simple “political opponent,” as the seven House Democrats insist? (Obviously, it’s former Vice President and current Democratic presidential hopeful Joe Biden.) Everything in this passage, from his mention of “Crowdstrike” to the “nonsense” that “ended with a very poor performance” by Robert Mueller has to do with:

>the accusations (which that former Special Counsel’s investigation’s findings determined were untrue) that Mr. Trump’s 2016 presidential campaign colluded with the Russian government to ensure his election at the expense of Democratic rival Hillary Clinton; and

>the counter-accusation that those Russia collusion charges were manufactured by Mr. Trump’s opponents in the FBI, the intelligence community, elsewhere in the so-called Deep State, and the Obama administration. (This possibility is currently being investigated by the Trump Justice Department.)

That counter-accusation is especially important here. If anything like it is true, it’s imperative for the health of American democracy that it be discovered. And in turn, if a foreign government like Ukraine’s can shed light on the facts, why wouldn’t anyone except the guilty and their allies want Washington to use foreign policy leverage to achieve that result – which would unmistakably serve important U.S. national interests.

Of course, Biden’s name did appear in the five-page document – about a page after the above passages – in this statement from Mr. Trump:

“The other thing, There’s a lot talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney General would be great. Biden went around bragging that he stopped the prosecution so if you can look into it… It sounds horrible to me.”

These sentences have to do with a Ukrainian probe of the ties between Biden’s son Hunter and a Ukrainian energy company – and Biden’s public boast in 2018 that, as Vice President, in 2016, he secured the firing of a Ukrainian prosecutor who had vowed to investigate the company in question by threatening to withhold a billion-dollar American loan package if that official, Viktor Shokin, stayed in office.

His supporters contend that the quid pro quo Biden offered differed fundamentally from the Biden quid pro quo that Mr. Trump seems to have presented in his July phone call because Biden was carrying out firmly established U.S. government policy in order to serve the country’s national interests while President Trump’s interests were purely selfish and political.

All of which could be true. Except the 2016 date of the Biden episode should warn against imputing purely or even mainly non-political motives to his actions. In this vein, revelations during a presidential election year that Biden’s son was involved in shady or even criminal foreign doings certainly wouldn’t help the fortunes of the incumbent administration’s political party – so the former Vice President’s motivations might have been exclusively political.

Some considerations on this score do work in Biden’s favor, though – mainly evidence that Western European governments and the International Monetary Fund, all of which were complaining that Ukrainian corruption was undercutting their own aid programs, also sought Shokin’s firing. But illicit activity in Ukraine has been so pervasive that these non-American actors might have their own embarrassments to hide.

Just as important: If the Vice President of a previous administration, or any of his colleagues, was manipulating American foreign policy to cover up the activities of the Veep’s son, isn’t something that urgently requires examination from a national interest standpoint? Wouldn’t this be the case whether that former Vice President was currently running for office or not? In fact, wouldn’t that especially be the case if that former Vice President was running for office?

To be sure, the seven freshman Democrats also appear to be accusing President Trump of pressuring Ukraine to help dig up dirt on the Bidens (again, for solely political reasons) by freezing the disbursement of a previously approved military assistance package shortly before his phone call with Zelensky. 

Mr. Trump has admitted doing so, and as has been pointed out, he’s offered different explanations for this decision (which was overturned earlier this month). I agree that sounds fishy. But the reasons themselves (that other U.S. allies were shirking their obligations to help Ukraine, and that continuing Ukrainian corruption could prevent many of the funds from being spent effectively) are anything but ludicrous.

Also interesting:  More than three weeks before the aid freeze was first revealed by the Washington Post – and connected with the Zelensky phone call – ABC News reported that the administration was sitting on the Ukraine military assistance but not as part of any campaign to undermine Biden. Instead, the delay stemmed from a broad debate between Trump administration supporters of foreign aid generally and colleagues who were highly critical. The main reported complaints from Democrats had nothing to do with Biden, either. They centered on the President’s supposedly excessive coziness with Russian leader Vladimir Putin.

And most interesting of all:  Mr. Trump never brought up the frozen aid in his phone conversation with Zelensky. If the seven freshman Democrats are right and the President had blocked spending the funds “for his own personal gain,” why didn’t he even signal this blackmail attempt to its target?        

Ongoing and broadening investigations of all these controversies by Congressional committees and by the Justice Department could well provide definitive answers to all the above questions, and even produce more and/or worse bombshells. Indeed, maybe the phone call document itself has been doctored. But when it comes to impeachment, or even besmirching the Trump record, that’s exactly what should be the main point now. There haven’t been such answers or bombshells yet. And until some start appearing, talking up impeachment will continue looking  like a thoroughly reckless course of action – and one with plenty of boomerang potential.