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50 STATES AND DC, CONGRESS AND THE PRESIDENT

Schiff aide’s trip to Ukraine 12 days after whistleblower filed complaint sponsored by Burisma-funded NGO By Thomas Lifson

https://www.americanthinker.com/blog/2019/10/schiff_aides_trip_to_ukraine_12_days_after_whistleblower_filed_complaint_sponsored_by_burismafunded_ngo.html

The cast of characters involved in the attempt to impeach President Trump over enlisting Ukrainian help in probing Joe Biden certainly have a lot of connections with each other.  A few days ago, I noticed quite a few seeming coincidences around Burisma, the Ukrainian gas company that employed Hunter Biden for at least $600,000 a year; Mitt Romney; and the CIA.  Now Aaron Klein of Breitbart has uncovered some more coincidences centering on an organization called The Atlantic Council, a nonprofit organization that receives funding from Burisma, Google Capital, George Soros’s Open Society Institute, and the U.S. State Department (i.e., U.S. taxpayers) among others.  The Atlantic Council reportedly was:

… established in 1961 by former Secretaries of State Dean Acheson and Christian Herter to bolster support for NATO. Atlantic Councils were set up in other member states for the same purpose, and at the present time they now number more than 40 in NATO and Partnership for Peace countries. The name is derivative of North Atlantic Council, the highest governing body of NATO.

Klein’s article is long and complex, and it provides a lot of information that needs to be kept in mind as we trace the genesis of the impeachment drive and ask who may (or may not) have had a hand in shaping the events that led to Nancy Pelosi doing a 180 and supporting impeachment and tasking six committees with investigating it.  Read the whole thing.  Some excerpts:

A staffer for Rep. Adam Schiff’s House Permanent Select Committee on Intelligence took a trip to Ukraine last month sponsored and organized by the Atlantic Council think tank. (snip)

The Schiff staffer, Thomas Eager, is also currently one of 19 fellows at the Atlantic Council’s Eurasia Congressional Fellowship, a bipartisan program that says it “educates congressional staff on current events in the Eurasia region.”

Julie Kelly: Elections Inspector General’s Ties Suggest Ukraine ‘Scandal’ is Just More Collusion Hoax

amgreatness.com/2019/09/30/inspector-generals-ties-suggest-ukraine-scandal-is-just-more-collusion-hoax/

Democrats are poised to begin the impeachment process based on this latest controversy. It’s time for Republicans to uncover as much information as possible, including whether this scandal is an extension of the collusion hoax and whether it involves some of the very same players.

Michael Atkinson, the intelligence community’s inspector general at the center of the so-called “whistleblower” report, is earning Robert Mueller-level adoration by the press.

Atkinson, we are told, is a truth-seeker with no partisan agenda or political grudge. “The intelligence community’s chief watchdog, Michael Atkinson, is known to his peers and colleagues as a highly cautious ‘straight shooter’ who tends to keep his head down,” cooed Politico reporter Natasha Bertrand on September 23.

The former prosecutor’s resume is touted as proof that the long-time public servant only is acting in the best interest of the country; his motives are not to be questioned, we are chastised. (This description follows a pattern similar to the way the media portrayed dossier author Christopher Steele and Special Counsel Robert Mueller.)

Atkinson is “a no-nonsense, serious and nonpartisan career prosecutor who showed a strong commitment to the law throughout his nearly two-decade career at the Department of Justice,” insisted a puff piece in The Hill on September 26.

Hillary Clinton and Ukraine A letter released Monday raises questions beyond the Bidens. By James Freeman

https://www.wsj.com/articles/hillary-clinton-and-ukraine-11569881729

The Biden clan still needs to explain why a vice president’s son was enjoying a $50,000-per-month gig for which his principal qualification appears to have been his last name. But Joe Biden isn’t the only pillar of the Democratic establishment who won’t enjoy the new spotlight on American relations with Ukraine. And President Donald Trump isn’t the only one who wants a fuller accounting of that country’s role in the 2016 U.S. presidential election.

In a letter released on Monday morning, Republican senators Chuck Grassley of Iowa and Ron Johnson of Wisconsin ask U.S. Attorney General William Barr if he’s trying to answer the lingering questions:

We write to follow up on Senator Grassley’s July 20, 2017 letter, which highlighted brazen efforts by the Democratic National Committee and Hillary Clinton campaign to use the government of Ukraine for the express purpose of finding negative information on then candidate Trump in order to undermine his campaign. That letter also highlighted news reports that, during the 2016 presidential election, “Ukrainian government officials tried to help Hillary Clinton and undermine Trump” and did so by “disseminat[ing] documents implicating a top Trump aide in corruption and suggest[ing] they were investigating the matter[.]” Ukrainian officials also reportedly “helped Clinton’s allies research damaging information on Trump and his advisers.”

The senators aren’t relying on reports from conservative bloggers. The quotations come from a 2017 story in Politico, hardly a pro-Trump outfit. “Ukrainian efforts to sabotage Trump backfire,” read the headline on the article by Kenneth P. Vogel and David Stern. “Kiev officials are scrambling to make amends with the president-elect after quietly working to boost Clinton,” said the subhead of the article, which was published shortly before Mr. Trump’s inauguration.

Fake Hate: Virginia Girl Admits She Made Up ‘Hair Cut’ Assault at School Where Karen Pence Teaches By Stephen Green

https://pjmedia.com/vodkapundit/fake-hate-virginia-girl-admits-she-made-up-hair-cut-assault/

It’s been a running gag at Instapundit for years now that if it weren’t for fake hate crimes, there’d be hardly any hate crimes at all. So it probably shouldn’t come as a huge surprise to learn that yet another fake hate crime allegation has been proven false.

It was all over the major papers late last week, when 12-year-old Amari Allen, a black student, claimed that three white boys held her down and forcibly cut some of her dreadlocks at their Christian school.

Wiser bloggers demurred from covering the story until more information could come to light.

Yet the NYT and other outlets breathlessly reported the sixth-grader’s accusation in a phone interview. “They put me on the ground,” she claimed. “One of them put my hands behind my back. One put his hands over my mouth. One cut my hair. They were saying that my hair was ugly, that it was nappy.” And Twitter was all lit up because of the supposed Mike Pence connection — his wife Karen teaches at the Immanuel Christian School where the assault never happened.

3 white boys allegedly cut black girl’s dreadlocks at Christian school where Karen Pence teaches https://t.co/mtQl2mz9yf

— Daily Kos (@dailykos) September 30, 2019

No, they didn’t. The girl recanted. Nevertheless, school principal Stephen Danish released a statement this morning bemoaning the “tremendous pain for the victims and the hurt on both sides of this conflict.”

Both sides? Did Allen’s feelings get hurt when she had to retract her false accusation?

Impeachment Madness and the Twisted World of NeverTrump Rage against a president who was just doing his job. Bruce Thornton

https://www.frontpagemag.com/fpm/2019/09/there-you-go-again-nevertrumpers-bruce-thornton/

The latest in a series of “scandals” that supposedly will finally banish President Trump from the White House has provoked the latest in a series of outbursts from NeverTrump obsessives. Allegations that the president, during a phone call with Ukrainian president Volodymyr Zelensky, abused his power, violated campaign finance laws, or sullied an upcoming American election by inviting foreign interference, precipitated the latest dudgeon-fest. No one seemed to care that the release of the conversation’s transcript, and the exculpatory protestations of Ukraine’s president have already deflated the “scandal” like a stomped soufflé.

We still have to hear homilies from the Church of NeverTrump, once again trying to turn the president’s blunt, take-no-prisoners, what-you-see-is-what-you-get style into a Constitutional crisis. In fact, Trump was elected because enough voters rejected the vision of politics as the purview of technocratic elites who define “democratic norms,” “presidential decorum,” and “political normality” in terms that happen to suit their tastes, interests, and prejudices.

For them, Trump’s discussion with Zelensky with its alleged implied quid-pro-quo was outrageously out of bounds and unprecedented. So let’s see, the Constitution gives the president wide authority to conduct foreign policy, including interactions with other heads of state. It does not specify by what rules of manners and diplomacy he do so. His only job is to see to the national interests and security of the United States, using whatever tools––except for undeclared war––he finds will achieve those aims.

Do They Mean It This Time? By John Hirschauer

https://www.nationalreview.com/2019/09/do-they-mean-it-this-time/

The Democrats have been desperately searching for a pretext for impeachment that won’t get them laughed out of Washington. Is the latest scandal it?

I  don’t envy Nancy Pelosi.

The base of her party has been apoplectic for the better part of three years. Not without help — from the moment that Donald Trump beat Hillary Clinton, elected Democrats have carefully built up a sense of panic and scandal around the Trump administration, a sense that, in fairness, has been unwittingly and clumsily abetted by the behavior of the president and his aides. Escalated by the breathless outrage of the media, a shroud of illegitimacy has enveloped the Trump White House from Day 1, and this shroud has, in turn, allowed the base of the Democratic party to avoid facing democracy’s colder realities, such as: Sometimes you lose. And it’s not necessarily anyone’s fault — not Russia, not racism, not rednecks — but your own.

But that doesn’t mean you can’t try to pretend otherwise.

First came efforts to undo the Trump presidency via the Electoral College by flipping enough electors to reverse the result (watching progressives, I must add, make use of the electoral college’s anti-democratic features was quite a sight to behold). After that failed, a California Democrat launched an “Impeach Trump Leadership” PAC, meant to coopt the impeachment pretexts du jour — emoluments-clause violations, speculative mental ailments, Representative Al Green’s impassioned say-so — and give each of them something like professional sanction. Then, of course, came the Russia probe, with all its unseemly partisan pomp: the trivial “bombshells,” the seething media firestorm, the discursive public hearings, the televised predawn arrest of Roger Stone (helicopters in the air!), and the theatrical build-up and relative inconsequence of the Mueller Report.

Hunter Biden: The Most Comprehensive Timeline By Jim Geraghty

https://www.nationalreview.com/2019/09/hunter-biden-comprehensive-timeline/

From being appointed senior MBNA vice president (two years out of law school), to a gift of a 2.8-carat diamond from a Chinese energy tycoon, to Burisma Holdings . . .

Late Summer 2006: Hunter Biden and his uncle, James Biden, purchase the hedge fund Paradigm Global Advisors. According to an unnamed executive quoted in Politico in August, James Biden declared to employees on his first day, “Don’t worry about investors. We’ve got people all around the world who want to invest in Joe Biden.” At this time, Joe Biden is months away from becoming chairman of the Senate Foreign Relations Committee and launching his second bid for president.

The unnamed executive who spoke to Politico charged that the purchase of the fund was designed to work around campaign-finance laws:

According to the executive, James Biden made it clear that he viewed the fund as a way to take money from rich foreigners who could not legally give money to his older brother or his campaign account. “We’ve got investors lined up in a line of 747s filled with cash ready to invest in this company,” the executive remembers James Biden saying.

Both James and Hunter Biden have denied to Politico that James had ever made these comments.

Up until that time, Hunter Biden had been employed as a consultant to the Delaware bank MBNA, with a $100,000-a-year retainer, according to the New York Times. The bank hired him fresh out of law school and in less than two years promoted him to senior vice president. Biden also separately worked as a lobbyist until 2008, founding the firm Oldaker Biden & Belair, where he represented mostly universities and hospitals but also drug companies such as Achaogen Inc. and Pulmatrix Inc., and the music-sharing company Napster and online gambling sites.

John Durham’s Ukrainian Leads What the prosecutor has found may be quite different from what the Democrats are looking for. By Michael B. Mukasey

https://www.wsj.com/articles/john-durhams-ukrainian-leads-11569786611

Americans often boast that we are a nation of laws, but for the moment laws appear to play a decidedly secondary role in the drama we are living in and—hopefully—through.

We have some guidance from our foundational law, the Constitution, which tells us how to proceed: the House of Representatives has “the sole power of impeachment,” the Senate has “the sole power to try all impeachments,” and must do so “on oath or affirmation.” The Senate cannot convict “without the concurrence of two-thirds of the members present.” And “when the president of the United States is tried, the chief justice shall preside.”

It looks almost like a real trial. Yet despite the legal trappings, the underlying standard, if applied to a criminal statute, would be vulnerable to attack as void for vagueness: “The president . . . shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.” Treason and bribery have specific and recognized meanings, but what about “other high crimes and misdemeanors”?

In Federalist No. 66, Alexander Hamilton defended the Senate as the tribunal for trying impeachments in part by saying that impeachable offenses come from “the abuse or violation of some public trust” and “are of a nature which may . . . be denominated political.”

Intel Community Secretly Gutted Requirement Of First-Hand Whistleblower Knowledge By Sean Davis

https://thefederalist.com/2019/09/27/intel-community-secretly-gutted-requirement-of-first-hand-whistleblower-knowledge/

Between May 2018 and August 2019, the intelligence community secretly eliminated a requirement that whistleblowers provide direct, first-hand knowledge of alleged wrongdoings. This raises questions about the intelligence community’s behavior regarding the August submission of a whistleblower complaint against President Donald Trump. The new complaint document no longer requires potential whistleblowers who wish to have their concerns expedited to Congress to have direct, first-hand knowledge of the alleged wrongdoing that they are reporting.

The brand new version of the whistleblower complaint form, which was not made public until after the transcript of Trump’s July 25 phone call with the Ukrainian president Volodymyr Zelensky and the complaint addressed to Congress were made public, eliminates the first-hand knowledge requirement and allows employees to file whistleblower complaints even if they have zero direct knowledge of underlying evidence and only “heard about [wrongdoing] from others.”

The internal properties of the newly revised “Disclosure of Urgent Concern” form, which the intelligence community inspector general (ICIG) requires to be submitted under the Intelligence Community Whistleblower Protection Act (ICWPA), show that the document was uploaded on September 24, 2019, at 4:25 p.m., just days before the anti-Trump complaint was declassified and released to the public. The markings on the document state that it was revised in August 2019, but no specific date of revision is disclosed.

The complaint alleges that President Donald Trump broke the law during a phone call with the Ukrainian president. In his complaint, which was dated August 12, 2019, the complainant acknowledged he was “not a direct witness” to the wrongdoing he claims Trump committed.

How about a Bipartisan Treaty against the Criminalization of Elections? By Andrew C. McCarthy

https://www.nationalreview.com/2019/09/how-about-a-bipartisan-treaty-against-the

Setting aside Hunter Biden, there was no impropriety in President Trump’s asking Zelensky to assist the Justice Department’s investigation into the origins of the Russia probe.

Back home in the Bronx is where I first heard the old saw about the Irishman who, coming upon a donnybrook at the local pub, asks a bystander: “Is this a private fight or can anybody join?”

I was a much younger fellow then. The prospect becomes less alluring with age, so I have some trepidation stepping in between two old friends, Andrew Napolitano and Joe DiGenova. Through intermediary hosts, the pair — Napolitano a former New Jersey Superior Court jurist and law professor, DiGenova a former United States Attorney for the District of Columbia and prominent defense lawyer — brawled this week on Fox News (where I, like they, contribute regularly).

I’m going to steer clear of the pugnacious to-ing and fro-ing. Let’s consider the intriguing legal issue that ignited it.

Judge Napolitano argues that the July 25 conversation between President Trump and Ukrainian President Volodymyr Zelensky contains the makings of a campaign-finance crime. He highlights Trump’s request for Ukraine’s help in investigating then–vice president Joe Biden. In 2016, Biden pressured Kyiv to drop a corruption investigation of Burisma, a natural gas company that paid Biden’s son, Hunter, big bucks to sit on its board.

Biden, of course, is one of the favorites for the Democratic presidential nomination. Napolitano reasons that the information Trump sought from Ukraine would be a form of “opposition research” that could be seen as an in-kind donation to Trump’s reelection campaign, which should be deemed illegal because the law prohibits foreign contributions and attempts to acquire them. (Napolitano also raised the “arguable” possibility of a bribery offense, on the theory that Trump was withholding defense aid as a corrupt quid pro quo to get the Biden information. But he emphasized the foreign contribution issue. That is his stronger argument, and I am focusing on it, given that the Trump-Zelensky transcript does not support a quid pro quo demand; plus bribery, in any event, raises the same “thing of value” proof problems addressed below.)