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This turn in the #WhistleblowerComplaint story that the underlying issue is about Ukraine is serious and has criminal implications. I will explain.
washingtonpost.com/national-secur…
washingtonpost.com/national-secur…
As we already knew, Rudy Giuliani was dispatched to Ukraine to try to start inquiries into a member of Biden's family and his business dealings in Ukraine. @kenvogel reported: nytimes.com/2019/05/09/us/…
He wanted the Ukrainian government to start a criminal investigation.
He wanted the Ukrainian government to start a criminal investigation.
Giuliani first denied, then confirmed same on TV *last night* to @ChrisCuomo on @CNN.
Such an investigation is being requested, specifically to give the President electoral advantage over his most likely 2020 rival.
Such an investigation is being requested, specifically to give the President electoral advantage over his most likely 2020 rival.
Back in May, when it was first reported that Giuliani was coming to Ukraine to have Biden investigated, Ukraine's chief prosecutor was skeptical. See this from @AlisonD64: vanityfair.com/news/2019/05/u…
On September 9, three House committees started investigating this Trump-Giuliani-Ukraine connection, led by @RepAdamSchiff @RepCummings and @RepEliotEngel: intelligence.house.gov/news/documents…
That same day, the Inspector General from the Intelligence Committee wrote to Schiff, saying that he had been directed to withhold from the committee a complaint that he considered "credible" and a matter of "urgent concern" for the committee's review: lawfareblog.com/inspector-gene…
But the ICIG, as he is known, noted that he had been barred from transmitting same by Acting DNI Maguire, and notified the committee that he was seeking further guidance in the matter.
The following day, @RepAdamSchiff sent a letter to acting DNI Maguire. He noted that the whistleblower complaint came in on August 12, and demanded to see it, calling Maguire out from withholding same from the committee: intelligence.house.gov/uploadedfiles/…
On September 13, @RepAdamSchiff sent a subpoena, demanding Maguire appear on the 19th: intelligence.house.gov/uploadedfiles/…
On September 17, the ICIG notified HPSCI that he continued to dispute the decision not to release the complaint to HPSCI as outside of the DNI's jurisdiction, and said the matter "relates to one of the most significant and important" duties of the DNI. lawfareblog.com/inspector-gene…
On September 19 DNI Maguire appeared behind closed doors at HPSCI and refused to tell the committee about the complaint upon direction from the DOJ: latimes.com/politics/story…
While this is going on, Trump was slow-walking military aid to Ukraine that Congress, on a bipartisan basis, felt was urgent to get to them in their effort to repel Russian action in Eastern Ukraine and Crimea. See this from @NatashaBertrand: politico.com/story/2019/08/…
Amidst the breaking of the #WhistleblowerComplaint story, and Congressional pressure this week, the White House released military assistance funding for Ukraine, which it had held up. reuters.com/article/us-usa…
And just this morning, @annanemtsova reports that Ukraine is open to investigating Biden's son, but only if the US submits an official request: thedailybeast.com/ukraine-is-rea…
So what it looks like we have here is an allegation from inside the intelligence community related to an attempt from Trump and his allies to solicit opposition research from a foreign government, while putting pressure on them over military aid, to which they are bending.
But the underlying request to investigate could be seen as opposition research, which is a thing of value in a campaign finance & prohibited. See this fact check from @philewing: npr.org/2019/06/13/732…
Asking someone for it is solicitation of a campaign finance violation.
Asking someone for it is solicitation of a campaign finance violation.
Further, campaigns cannot accept or solicit contributions from foreigners. See this from the FEC, which regulates elections in the US: fec.gov/help-candidate…
The government of Ukraine certainly counts as a foreigner for purposes of campaign finance law.
The government of Ukraine certainly counts as a foreigner for purposes of campaign finance law.
See here for the US code citation barring foreigners from contributors and Americans from soliciting same: uscode.house.gov/view.xhtml?req…)
It's not like this is a new allegation. Soliciting a foreign contribution of opposition research in plain view is consistent with Trump's MO. He also solicited in plain view of everyone and on camera, Russian interference in the 2016 election. nytimes.com/2018/07/13/us/…
And Trump himself thinks that he's done nothing wrong, and has repeatedly tweeted so:
So if Trump's done nothing wrong, why not let Congress see the complaint?
I can think of a few possibilities why DOJ would refuse to turn over the complaint:
1) Protecting the President's communications. See this:
2) Stonewalling to protect Trump.
3) Denying Congress info on an ongoing law enforcement investigation.
1) Protecting the President's communications. See this:
2) Stonewalling to protect Trump.
3) Denying Congress info on an ongoing law enforcement investigation.
Caveat: We don't actually know total contents of the #WhistleblowerComplaint and it's said to involve multiple acts. vox.com/2019/9/18/2087…
There could be more. Stay tuned.
There could be more. Stay tuned.
