Thread by @jentaub

🍑Here we go again. Adam Schiff is thanking Senators for working so late and sitting silently for hours

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Today, the House Managers will cover the elements of the law underpinning the two impeachment articles: abuse of power and obstruction of congress.

Then they will apply the facts to the law.

Today will be article I, carrying into tomorrow. And Tomorrow will be article II

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Schiff yielded to Nadler who calls this the third day of a "solemn occasion."

"Articles are overwhelmingly supported by the evidence" even though president has blocked efforts to obtain documents and witness testimony.

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Asking for help in the 2020 election (smearing his opponent Biden) was illegal on its own.

But Trump did more. He conditioned that unlawful help from Ukraine on getting vital military aid to a country defending itself from war with Russia.

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Nadler calls the argument the president is making "terrifying" -- the argument that even if he did this quid-pro-quo, it's not impeachable. No one can stop him.

This stonewalling "puts even President Nixon to shame."

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Trump placed his personal political interest first, above our national security, above our free and fair election, above our sustem of checks and balances. Donald Trump first, not America First.

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All four legal experts including the President's own expert, Jonathan Turley said this conduct was impeachable.

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Here are my notes on the four expert's testimony including @NoahRFeldman

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@NoahRFeldman Nadler sets out a helpful roadmap for the day

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@NoahRFeldman Nadler talks about abuse, betrayal, and corruption as "high crimes and misdemeanors". Useful slide here from Nadler

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@NoahRFeldman Nadler showed a video clip from Prof. Feldman.

Nadler said when all three, abuse, betrayal and corruption exist we have the strongest case for impeachment.

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@NoahRFeldman Nadler then sets out each.

Abuse of power, betrayal of a nation and corruption all in article I.

He said Trump put his personal goal of retaining power above our national interest

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@NoahRFeldman Impeachment is the final answer for a president who is attempting to be a king, Nadler says.

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@NoahRFeldman NAdler says, the framers were not naive, they knew power corrupts. They foresaw that a president faithful only to themselves would danger every American.

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@NoahRFeldman The founders created guardrails so Americans would stay free. Including elections every 4 years, emoluments clauses, 3 branches, oath to faithfully execute the law.

They did not want to rely on elections alone to remove a president. That's why we have impeachment.

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@NoahRFeldman Nadler is now reading the letter from Hamilton to Washington. Unfortunately, the slide says 1972 but it was 1792.

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@NoahRFeldman Now Nadler is discussing how the framers debated the grounds for impeachment. The standard that meant as Mason put it "to capture all manner of grave" and dangerous offenses, borrowed from British Parliament "high crimes and misdemeanors."

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@NoahRFeldman Nadler is providing examples from British history that were well know to the framers of Constitutions. Acts by officials in office that inflicted grave harm on society.

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@NoahRFeldman He quotes Robert Jackson impeachment was designed "to keep power from getting out of hand"

Also Nadler showed this

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@NoahRFeldman Nadler describes the two categories of impeachable abuses of power. Engage in forbidden acts OR take action with corrupt motives.

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@NoahRFeldman This next slide Nadler shows describes forbidden acts as grounds for impeachment for abuse of power

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@NoahRFeldman Discussing Nixon's articles of impeachment including abuse of power.

Explained how taken action with a corrupt motive is impeachable

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@NoahRFeldman Abuse of power is an impeachable offense. This should be uncontroversial. The president's argument is dead wrong.

All experts who testified before house judiciary agreed that abuse of power is a a high crime and misdemeanor.

Now showing Norm Eisen questioning all 4

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@NoahRFeldman 22/

@NoahRFeldman Even Alan Dershowitz, the president's current lawyer said so

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@NoahRFeldman Also, Attorney General Barr recently said that it's okay that we cannot prosecute a president because he can be held accountable through impeachment

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@NoahRFeldman Seventeen of the nation's leading Constitutional Law scholars across political spectrum including @tribelaw and Charles Fried (Reagan's former solicitor general) agree that abuse of power by a president counts as an instane of impeachable high crimes and misdemeanors

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@NoahRFeldman @tribelaw Nadler also showed this from the NYT

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@NoahRFeldman @tribelaw Nadler also read from framers and showed this letter from John Adams to Thomas Jefferson express concern about foreign influemce

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@NoahRFeldman @tribelaw Nadler moves from framers concern about betrayal of the national interest through foreign influence to their worries about corruption of office and elections

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@NoahRFeldman @tribelaw Shows clip from Feldman testifying in December before the House Judiciary.

Impeachment was necessary because framers were worried that otherwise a president could "facilitate corruptly his own re-election"

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@NoahRFeldman @tribelaw Nadler is citing Mason who feared presidents would corruptly influence electors to maintain power.

Here are some my (un-proofread) notes on framers thoughts on impeachment

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@NoahRFeldman @tribelaw Okay. Need to go teach class. Will be back around 3:30.

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Okay tuning in again. Schiff is speaking about Giuliani. Explaining why the President’s two investigations were not part of US foreign policy

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Not in President’s talking points for call.

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Trump did this to advance his own interests in the election.

Asked foreign leader to investigate a political opponent. Improper.

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Lt. Col. Vindman on video clip from his under oath testimony called this a political play.

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Clip of George Kent agreeing that the US loses credibility fighting corruption when US leader asks foreign government to investigate his political opponent

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Schiff said “I suspect the Attorney General could” detect a drug deal. The Justice Department wanted nothing to do with these investigations

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Schiff is on teason 5 of 6 that request to investigate Biden and Burisma etc was in Trump’s personal interest.

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Schiff notes that several of President’s staff etc reported to lawyers in real-time that his actions were wrong

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He’s on reason 7 now. So correction. There are more than 6 pieces of evidence that President was acting for personal political gain

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Zelensky did not want to be perceived as a pawn as this would damage his standing among citizens in Ukraine

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Schiff says “this was no way to treat an ally at war” to enlist their new president in a domestic political errand.

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Reason 8 is that White House buried the call. Instead of a readout on website, posted a brief incomplete summary which did not mention investigations or Guiliani

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In addition to sanitizing call summary they hid the actual call record on a computer system might for the most highly classified information.

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The next reason we can see this was for Trump’s personal benefit. July 26 call between Sondland and Trump. Main concern was investigations of Biden

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Even after he was caught, to press on October 3 he said Ukraine should investigate Bidens.

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Tenth reason we know Trump put himself first. He never cared about anti-corruption campaign in Ukraine.

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He’s not concerned about actual corruption cases, but instead elevating Putin’s false story that Ukraine not Russia interfered in 2016 (the “Crowdstrike” conspiracy theory)

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Trump only cared about Ukraine after Biden announced he was running for President

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Trump had no problem giving money to Ukraine when the prior regime (with corruption), but Zelensky a reformer was elected on platform to clean up

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And Trump praises corrupt former prosecutor while firing and smearing Ambassador Yovanovitch who spent her career on anti-corruption efforts

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Trump was so uninterested in actual corruption that he failed to mention word “corruption” on either the April 21 or the July 25 call. The April call transcript falsely included

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In sum, inconsistent with US foreign policy, Trump effectively demanded as personal political favor that Zelensky announce sham investigations to cheat in the election

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Lofgren is speaking. She’s describing the Giuliani scheme that began BEFORE Zelensky was elected. This was a roadblock. Giuliani feared new president would fire the corrupt prosecutor with e we him he was scheming

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Giuliani and Trump were in constant contact. Giuliani was Trump’s personal lawyer. No one disputes this. See letter from Giuliani to Zelensky plus New York Times interview

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Trump directed Giuliani’s allctions in May 2019 when he planned trip to Ukraine. He’s still doing this as impeachment proceeds.

Also sharing date/time/length of calls between Rudy G and White House.

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Lofgren most importantly reminds us that President directed staff and outsiders to work with Rudy Guiliani.

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All roads ran through Rudy, it seems.

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Lofgren runs through timeline beginning from Biden announcing his candidacy in April 2019.

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She went back to late 2018 when Rudy was working with Lev Parnas and Igor Fruman to meet with corrupt Ukrainian prosecutors Lutsenko and Shokin.

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Shows clip of Rudy Giuliani smearing Ambassador Yovanovitch and advanced Crowdstrike conspiracy theory

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McConnell announced dinner for 1/2 hour beginning at 6:30

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Now Val Demings has the floor. “Everything was going to plan” until Zelensky was elected. So Rudy sought to get Zelensky on board.

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Giuliani was keeping Trump informed about his efforts to get Zelensky to cooperate

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Demings describes frantic phone calls including one at 1 in the morning to come home from the Ukraine on the next plane because of her security

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Next day, Rudy goes on TV discussing Burisma

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Removal of Yovanovitch hampered efforts to make connections with new Ukrainian government. Trump removed her because she was an obstacle to their sham investigations

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Rudy admitted this to the New Yorker magazine that he needed to get Yovanovitch out of the way to pursue the investigations.

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Rudy canceled trip to Ukraine scheduled for May 10.

“Scheme had stalled” Demings said

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Next phase. Extortion of new Ukrainian President using not just Rudy but now US government officials — the three amigos. Volker, Sondland, Perry and more.

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💥Demings said after Rudy said Zelensky had enemies around him, he had no access. So Trump gave Rudy US diplomats to gain access to Zelensky using their official State Department channels.

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Rudy’s June 21 messsages show Zelensky was resisting pressure to announce investigations. So, President Trump turned it up a notch. Conditioned White House meeting and funding on announcing sham investigations

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Next up is Hakeem Jeffries.

Some baseball talk for a moment of levity. Note. I did not have Derek Jeter in my bingo card.

Okay. I have to meet family for dinner. Back at 7 when Senate also reconvenes

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Okay, I'm back. It's 7:28 and Jeffries still has the floor. He's reading from and displaying portions of the call record from the July 25, 2018 Zelensky-Trump call

Jeffries said, "we have read the transcript" and it shows a corrupt quid-pro-quo

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Jeffries said that before the July 25, Zelensky had been told directly or through his aids that he had to announce two phony investigations in order to get the funding

July 2 in Toronto
July 10, at WH
July 19 during call between Zelensky and Sonland
July 25 before call

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🔥Jeffries called Giuliani "the president's political bag man."

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And during the July 25th call, Trump sent them to work with Guiliani.

Jeffries shows video of George Kent who said that Rudy G was infected official US policy toward Ukraine.

Jeffries commented that Rudy had de facto control. Had been given that authority from Trump

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August 2nd in Madrid, Rudy made clear to a top Zelensky aide that Trump need a public statement from Zelensky. Sondland made clear that Trump did not need an actual investigation.

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They just needed to announce the investigations because they were phony and were designed to help Trump cheat.

Trump's team drafted the statement they wanted Zelensky to make. Rudy worked Volker. Rud in personal political interest of Trump

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Jeffries showed the August 9th text from Zelensky aide (Yermak) and Rudy seeking advice on the statement. "Can we all get on the phone to make sure I advise Z correctly as to what he should be saying"

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He also showed Sondland communicating with Volker discussing how they were working on the statement that Zelensky was to make.

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During that same time, as Jeffries shows, lots of phone calls in rapid fire from Rudy

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I need to interrupt this thread with this big decision!

https://twitter.com/profabartow/status/1220460148218650624?s=20

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Okay. Back to impeachment.

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"President Zelensky is still waiting for that oval office meeting."

Now Jeffries is invoking Ronald Reagan's speech at the Berlin Wall.

"We are armed because we mistrust each other. Our differences are not about weapons, but about liberty."

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Sylvia Garcia has the floor.

"In short, the evidence is overwhelming." She is going to review the career public servants public testimony.

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Garcia is playing a clip of Fiona Hill as an example of witnesses confirming the quid-pro-quo.

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Garcia is playing testimony from these folks.

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We are watching Ambassador Taylor recalling how Zelensky did not want to be a pawn in Washington election politics. His aide Danylyuk knew that these investigations were Rudy G's requests and did not want to get involved in these activities.

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Garcia showed the text message between Taylor and Sondland

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She also showed a transcript of George Kent's testimony where Zelensky's aide Yermak was uncomfortable with this backdoor process. If this were really US position, it should be done officially and put in writing.

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Excellent slide showing evidentiary support that President Trump conditioned an official Oval Office meeting on the sham investigations

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Here is the Republican leadership in the Senate. I hope they are all voted out of office over the 2020, 2022 and 2024 cycles.

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Also, the remaining R senators who are collaborating with and enabling Trump in this coverup. May they all retire or be voted out

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We are now on a 5-minute break

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They are back. I missed several minutes.

Rep. Demings is discussing how important the $391 million was to Ukraine. It was 10 percent of the country's defense budget

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t not time during the debate or the passage of the funding bill did he object to the funding. She displayed a signing photo

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In addition, Demings displayed the Department of Defense announcement of the DOD portion of the aid.

(Note: It was when this announcement was made that Trump started asking questions)

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Now Lofgren has the floor. She notes that it was just after this announcement of the aid that Trump took measures including violating the law to hold the aid

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The very next day, Mark Sandy of OMB contacted Elaine McCusker of DOD to ask about the funding.

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Without any reasons provided, Blair said the aid needed to be held.

Lofgren says we know what was on Trump's mind because right around that time, Trump spoke to Sean Hannity and mentioned the phony Crowdstrike theory (that Ukraine, not Russia interferred in election)

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Then on June 27, Mulvaney (OMB and Chief of Staff) send email to Blair asking about funding and whether we can "hold it back."

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Lofgren said hold was illegal.

She said we have documents from press reports and from FOIA lawsuits (brought by others).

On July 3, Jennifer Williams who worked for Pence learned

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Williams learned on the 3rd about the hold.

Lofgren said hold on congressionally approved funds never been discussed by policy experts at any agency. Impulsive decision not related to US foreign policy

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Duffey asked Blair about the hold. But we don't have answers. But Blair did say it just had to continue.

Lofgren hopes that they will vote to issue subpoenas. We would like to hear from these witnesses

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The president held the aid because he wanted to ramp up the pressure on Zelensky to announce the sham investigations.

The hold was not about corruption, or burden-sharing. It was about personal political goals to cheat in the election

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His advisors said the hold was against our national interests.

But it had nothing to do with our national interests. It was to benefit the personal interests of Donald J. Trump.

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When Taylor learned about the hold he and others were astonished and shocked. Here is an image of the reactions those who participated in the NSC meeting

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That NSC meeting was on July 18.

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No explanation was given for the hold. Helpful image here showing experts and even Mitch McConnell saying no explanation was given

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OMB recommended lifting hold

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Bolton met in mid-August to encourage Trump to lift hold, but Trump would not budge.

And Taylor was so concerned on Aug. 29 sent a first-person cable to Secretary of State Pompeo. He never received an answer but Pompeo carried the cable to the White House in late August.

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Still the hold continued

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President released hold on September 11. No credible reason for lifting hold.

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Compliance with the Impoundment Control Act was of great concern to OMB (Mark Sandy) and DOD officials (Laura Cooper).

Cooper had testified that there was no legal mechanism to implement the hold after Congress had been notified about the funding

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President had a choice, he could release the aid or he could break the law. He chose to break the law. He was so intent on turning up the pressure on Ukraine he decided to break the law.

Last week non-partisan Government Accountability Office (GA) said this violated law

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And here was the coverup. There was no ongoing debate on how best to use the funds.

Reason given by President after the hold was not only illegal it was not true.

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Mark Sandy had complained. So the political appointee, Duffey was put in charge.

Obviously Sandy was an obstacle.

Duffey defied House subpoena. But White House did not raise executive privilege. They just told Duffey not to appear.

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The DOD was left with just 18 days to spend around $188 million (a huge portion of the $391 million). They failed to spend around $35 million and Congress had to pass law after Sept 30 deadline so it could be spent. Still some not spent.

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Trump was so determined to rachet up pressure on Ukraine that he did not care that he was breaking the law.

She is now reading from the back flap of the Constitution that Congress prints

Quote is from Franklin: "A republic if you can keep it."

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Crow has the floor now.

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Crow asked, "how do we know why it happened?"
(1) No other explanation
(2) Senior officials confirmed it
(3) Chief of staff Mulvaney said it at a press conference
(4) President himself directed it

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Crow presents this slide which provides evidence of the president's corrupt intent behind his politically motivated sham investigations

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There was no legit policy reason for the hold, so the truth came out.

Just another business deal to be made. Dirt for dollars. This for that. A quid pro quo

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Crow is walking us through the "transcript" again. Showing quid and the quo. The quid was the military assistance. He pivoted from that during the call to the quo -- the investigations. Brought them up immediately after, thereby linking the two issues.

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Those who listened-in on the call including Pence's aid Jennifer Williams. "It was the first time I was heard internally certain investigations" that she had only heard about Rudy's press reporting.

Was not clear at the moment whether there was a linkage. Noteworthy

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In fact, Crow said, the hold was implemented on the very day of the call. On July 25. Crow displayed the email between Duffey and McCusker et al. "Given the sensitive nature . . ."

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Only reason for hold was to put additional pressure on Ukraine. Crow shows a clip of David Holmes' testimony before House Intel

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Holmes had been hearing about investigations since March, and Trump sent letter in May saying he'd meet Zelensky. But no meeting. And security hold came up. Ukrainians -- when they received no explanation for the hold, they would dry that conclusion.

Logical conclusion

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Crow displayed email between Sondland and Pompeo. Shows that Pompeo was in the loop.

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The email was from August 22 about a proposed pull-aside between Trump and Zelensky in Warsaw. (Trump did not go, but Pence did I think)

Pompeo listened to the July 25 call. So he knew the linkage between hold and investigations

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Sondland pulled Yermak aside on September 1 in Warsaw that happened within a few seconds. That aid would not be released until there was some action by Ukraine on the public statement about the shame investigations.

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Others including Morrison and Taylor learned of the quid-pro-quo. Taylor sent an email to Sondland asking whether aid was conditioned on announcement. Sondland responded, "call me."

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Clip of Taylor's testimony describing call after the email. On call, Sondland Trump told him he wanted public statement re 2016 and Burisima. He wanted Zelensky in a box.

Sondland told Taylor that everything –– the meeting and the assistance depending on announcement

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Then, there was a September 7 phone call between the President and Sondland. We have evidence in form of testimony and texts pinpointing the call at that time

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Sondland does not take notes, but he testified that he asked the President on that September 7 call what the president wanted from Ukraine.

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In response President said, "I want no quid-pro-quo."

Yet two days earlier he had learned about the whistleblower report. The fact he blurted it out speaks volumes.

But, Trump also said other things on call. We know from Morrison and Taylor's testimony

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Morrison had a call with Sondland right after S got off phone with Trump.

"There was no quid-pro-quo but Zelensky had to make the statement and he had to want to do it."

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Taylor recalls what Morrison told him that Sondland told him that "President Zelensky go to a microphone and say he is opening investigation into Biden and 2016 election inteference" and he should want to do it.

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Taylor also recalled convo he had with Sondland about that same call. That Trump had told Sondland Zelensky had to clear things about, but no quid pro quo.

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Taylor recalled that Sondland told him that although this was not a quid-pro-quo, there would be a stalemate without the investigations.

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When asked whether he disputed Taylor's recollection, Sondland said he did not dispute that

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Excellent presentation of evidence here. Shows that 4 sources confirmed that on September 7 call with Sondland and the President, the President linked aid to public announcement of investigation

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Taylor also said that announcement needed to be on CNN.

Zelensky had resisted for a long time, but this was 10 percent of the military budget and he could not longer resist.

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Taylor was VERY worried. He feared that Zelensky would make the announcement but still not get the aid

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Here it is. Read this again and again. The September 9th texts between Taylor and Sondland. "I think it's crazy to withhold security assistance for help with a political campaign."

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Crow shows clip from Taylor's testimony.

The US and all of our allies supported Ukraine.
And he knew this was help for Trump's political campaign because Rudy had been talking about desire to get dirt on Bidens for months

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In response to the text message, Sondland hours later responded to Taylor with a very stiff and formal message. "I suggest we stop the back and forth by texts."

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Yet, Sondland's testimony revealed that this text was FALSE. He said in his testimony that he got scared. Didn't want this in writing.

Under oath, under penalty of perjury he said a quid-pro-quo did exist.

"The answer is yes" with regard to the aid and the WH meeting

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Trump put his own interests ahead of the country. That's why we are here.

Crow yielded to Schiff to provide a brief recap, with a plan to begin again tomorrow. (Schiff clarified it would be afternoon.)

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Schiff said at the beginning of the trial, the President tweeted, "read the transcript."

So, he's asking them to read it. Not really a transcript.

But, now that they have more information. Good to read.

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Schiff is pointing out a few things that struck his attention from the July 25 call.

"We brought in new people, many new people. . because we want to have a new format". He's a reformer.

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The first message Zelensky wanted to get across is that he is a reformer.

President has his own agenda. In the next exchange, Trump makes this point. "The United States has been very, very good to Ukraine. I wouldn't say it's reciprocal."

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Interestingly, Zelensky brings up Guiliani. First mention of Guiliani. This is July. We know that in May Guiiani wanted to meet with Zelnsky and he was either rebuffed or something happened and he didn't get meeting. Went on TV and send Z was surrounded by enemies of Trump

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Immediately after that Zelensky said, "I just wanted to assure you once again, you have nobody but friends around us."

Schiff provides the context for that statement.

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Zelensky then says they are friends, and then a third time.
He then brings up investigations. Assures president that investigations will be done openly and fairly.

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Then Trump responds that Guiliani is a respected man and he would like Rudy to call him. "If you would speak to him, that would be great."

"I will ask him to call you along with the Attorney General."

Schiff said when we read that we found it shocking.

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When call record was released, the AG's office said they knew nothing about this, that Barr did not go to Ukraine.

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Schiff is now speaking about the law around the whistleblower report.

Complaint was filed and IG said it was credible and urgent.

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Instead of going to Congress, the Director of National Intelligence went to the White House. Instead of going to Congress. Bill Barr's office said the DNI could ignore the law.

And DNI held it.

So the IG courageously went to the Congressional committees.

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After that the Congressional committees subpoenaed Acting Director of National Intelligence to testify, and then they did turn over the whistleblower complaint.

The effort to coverup the complaint fails.

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So Barr tried to bury it. Schiff does not make the final connection, but we can. Barr was mentioned on the call and may have been involved (even if he denied it), and then he tried to quickly distnace himself when call record got out

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Zelensky assures president he will look into Burisma. Though he said Burisma, the call record just generically references a company.

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There's no one who comes up more in this call record that Rudy Guiliani.

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Zelensky also thanked him for invitation to visit the United States, especially D.C. And then immediately says he wants to assure president he will do the investigations.

This conveys to the president he got message.

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Trump responds, "I will tell Rudy and the Attorney General Barr to all. Thank you."

And then Trump says whenever you want to come to White House, just call. And suggests they should set a date.

Zelensky says he looks forward to that meeting.

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Schiff says, this is what is so frightening. If we hadn't got wind of this, he might still be waiting for aid. Zelensky our ally still cannot get his foot in the door of White House

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The president has done what he was charged with. He withheld the aid, he withheld the meeting. He obstructed us, he obstructed you.

Okay, he's guilty, does he really need to be removed?

Do we really have any doubt about the fact here?

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Of course we know that he would. Of course we know that he would.

But does he really need to be removed?

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💯Schiff: This is why he needs to be removed. Trump chose Rudy over intelligence, FBI, and national security advisers when they all told him the Ukraine 2016 stuff was kooky Russian propaganda, he chose to believe Rudy Guiliani. Makes him dangerous to us, to our country.

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Trump chose to believe someone like Rudy instead of Christopher Ray (FBI director).

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BAM! Solid gold Schiff

"How much damage can he do between now and the election. A lot. A lot of damage."

We cannot trust him. None of us can.

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"There's no mulligan here when it comes to our national security."

"Is there really any evidence in this presidency that should give us the ironclad confidence" that he would put the national interest ahead of his own.

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"If right doesn't matter, we're lost. If truth doesn't matter, we're lost."

"You know what he did was not right."

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In reference to Vidman, he said, "here right matters."

"You cannot trust this President to do what's right for this country. You can trust he will do what's right for Donald Trump."

"This is why if you find him guilty you must find he should be removed."

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Truth matters. Or we are lost.

Thank you Adam Schiff.

Adjourned until 1 pm. tomorrow

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Thank you @AdamSchiff. Words fail. So very grateful for your service to our country.

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