Another excellent guide to understanding the Trump whistleblower complaint

Here’s another recommendation of a useful article explaining the background and substance of the whistleblower complaint that launched the current impeachment inquiry (“How to Understand the Whistleblower Complaint“, David Kris, Lawfareblog.com, 9-27-2019)

Here’s Kris’ bio that accomnpanied the column: “David Kris is a founder of Culper Partners LLC. He previously served as assistant attorney general for national security, associate deputy attorney general, trial attorney at the Department of Justice, general counsel at Intellectual Ventures, and deputy general counsel and chief ethics and compliance officer at Time Warner. He is the author or co-author of several works on national security, including the treatise National Security Investigations and Prosecutions, and has taught at Georgetown University and the University of Washington.”

In his column, Kris details the context of the now-famous July 25 telephone call between President Trump and the Ukrainian president by constructing a lonf and detailed chronology. He then analyzes the situation as an abuse of power.

The behavior by the president and by Giuliani across the summer of 2019 reflects increasing frustration (and stupidity) in dealing with Ukraine leading up to and following the July 25 call. Beginning in May, they pursue an escalating series of steps to incentivize Zelensky to do what they want. In May, Trump decides at the last minute not to send the vice president to Zelensky’s inauguration. In June, he uses a TV interview to say that he would in fact accept dirt on a political opponent from a foreign government—a common tactic for Trump, conveying a message without person-to-person communication. Eight days later, Giuliani is more explicit and direct: He tweets that Zelensky was “still silent on the investigation of Ukrainian interference in 2016 and alleged Biden bribery” and explicitly calls for Zelensky to “investigate both.” By July, Trump has suspended foreign aid to Ukraine as Zelensky still will not play ball. In August, however, after more meetings between Giuliani and Ukrainian officials, Trump is suggesting publicly that Zelensky will be invited to the White House.

To be clear, these sorts of tactics—the use of carrots and sticks to incentivize behavior, and multiple methods of conveying preferences—are traditional tools of foreign policy and diplomacy. There is nothing the least bit unusual or improper about them. The problem here, however—and it is a huge problem—is that they were deployed mainly by Giuliani, rather than government officials, and in service of Trump’s personal interest, rather than the interest of the United States. It is, quite simply, beyond the pale to use the awesome power of the U.S. presidency for this kind of personal end.

In the final section, he examines how the whistleblower complaint provides a “road map” for moving forward with the impeachment inquiry, which suggests what is to come.

In any case, it’s a very informative read.


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3 thoughts on “Another excellent guide to understanding the Trump whistleblower complaint

  1. Boyd Ready

    Is it only in the President’s interest to have possible corruption investigated, or can that be in both the public interest and in his political interest? …. Also I’ve not seen it mentioned but once anywhere that there is a treaty of reciprocity between the US and the Ukraine with particular focus on reciprocal investigations, including carrying out investigations, taking depositions, preferring charges, extradition, and the like.
    I also see it seldom anywhere mentioned how Biden’s son received $1.5 billion dollar Chinese investment immediately subsequent to a VP Biden interaction with the Chinese government. …. There is a swamp and people who enter to start draining will get snake bit.

    Reply
  2. Boyd Ready

    “Ukraine and the United States have a diplomatic relationship.” The treaty with Ukraine? “It was signed in the 1990s under President Bill Clinton. Trump knew of the Biden’s wrongdoings. He had an obligation to bring it to Zelensky’s attention. If he didn’t, he’d be in violation of the bilateral agreement.
    It’s amazing though. Democrats are more upset that Trump discovered what took place with the Bidens and wanted to get to the bottom of it than they are about the swampy behavior Joe and Hunter displayed.”
    Beth Baumann
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    @eb454
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    Posted: Sep 29, 2019 1:13 PM

    https://townhall.com/tipsheet/bethbaumann/2019/09/29/kamala-wants-everyone-to-leave-joe-biden-alone-but-her-reasoning-is-seriously-n2553875

    Reply
  3. Danab121

    In our democracy, we cannot have a president use the power of the office for personal gain. It’s fundamental. Otherwise our government is not a functioning democracy. When Richard Nixon used the FBI, CIA, and IRS to get dirt on his political opponents, this was considered to be an abuse of power, and he was forced to resign before almost certain impeachment.

    In this case, President Trump tried a quid pro quo with the Ukrainian president to get advantage over his political opponent, Joe Biden. That’s only the most obvious betrayal of his oath of office. There have long been signs that he is completely unfit for the office of president.

    From the get go, it was pretty clear that Trump has wanted to use the wheels of government for self-enrichment. He also threatens anyone who he decides has been disloyal to him, and has worked to dismantle our government institutions such as the CIA and FBI. That’s what most dictators do to gain power. Also wrong and dangerous is that he invited unfriendly foreign powers to meddle in our elections during his campaign. Remember the ‘Russia, if you’re listening, I hope you’re able to find the 30,000 emails…’ to get Russia after Hilary Clinton? I don’t know why that didn’t raise more red flags for people. People just thought this was politics as usual? I still don’t get that…

    Reply

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