January 23, 2020

"It is true that an impeachable 'abuse of power' can’t simply consist in using the powers of the executive for personal, political gain; that happens all the time."

"Abuse of power, for impeachment purposes, must consist in corruptly using those powers for personal, political gain. If the president in fact withheld military assistance authorized by Congress in order to gain an advantage over former Vice President Joe Biden, that was an unlawful and corrupt abuse of power. The fact that the GAO confirmed that this was a violation of law is not, as Dershowitz claims, irrelevant. And the claim that other presidents violated the same provisions—without a showing that they did so for personal, political reasons—has nothing to do with the question of impeachment. Of course, Trump’s defense team may well argue that the president never intended to connect his withholding of funds from Ukraine with the demand that the Ukrainian president announce an investigation of Biden and his son."

From "Alan Dershowitz’s Strange Constitutional Arguments on Impoundment and Foreign Policy" by Philip Bobbitt (Lawfare).

If we take Bobbitt's approach to heart, everything depends on what Trump had in his mind. The question is whether the Senators have enough evidence of wrong thoughts in Trump's mind that they should deprive the people of the choice we made in the last election, when the alternative is to go forward to the next election. And I'm saying "we" even though I did not vote for Trump. We, the People.

272 comments:

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DarkHelmet said...

Nothing the Democrats and their flying media monkeys say on this matter is to be taken seriously until and unless Hillary and the Obama administration are held to account for using the awesome power of the FBI and the entire intelligence community to spy on and kneecap Donald Trump.

I have no problem with Trump asking the Ukrainians to investigate obvious corruption by the Biden family in any event, but even if the corruption were not so obvious and he did it only to damage a political rival I would be underwhelmed by the nefariousness of it in light of the long line of crimes and abuses by the Clintons and the corrupt maladministration of the Obama regime.

Calypso Facto said...

"Dersh 37, Bobbitt 20"

Hey, now! No need to add insult to injury.

tim in vermont said...

"The whole difference between standard practice and impeachable offense is one vague adverb?”

It’s like the difference between “gross negligence” and “extreme carelessness.” There is a bright line, whether you have a ‘D’ or an ‘R’ after your name.

tim in vermont said...

"Why is it inappropriate Lance?”

Clearly because Biden is a Democrat. It was perfectly appropriate to spent two years running Trump through the ringer and spying on his campaign based on stuff made up by the other campaign, as Mueller showed us, but this... *this* crosses some imaginary line they just made up.

Bob Boyd said...

When I was a kid our next door neighbor had 2 miniature Schnauzers. The dogs were mother and daughter named Mandy and Sapphire. When ever they were outside they yapped non-stop. It drove everybody crazy.
I hadn't thought of those dogs in years until I heard Adam Schiff speaking at the impeachment trial.

n.n said...

Criminal inference. This is the basis of the post-normal principle of scientific plausibility, social justice, Twilight faith, and Pro-Choice religion. Progress.

Mike Sylwester said...

Chuck at 8:48 AM
In fact, according to the DoJ, this is the story:

Thanks for the correction.

narayanan said...

I recall that Trump the Kid went round with his dad learning to collect rent.

I believe Trump the President is reprising that persona to "collect rent" from USA moochers and hangers on which are many.

Fill in blanks for USA moochers and hangers on.

He is squaring up on a different budget deficit === the justice/moral one

Mike Sylwester said...

Chuck have you been able to find any evidence that Shokin was corrupt.

For example:

* Has Shokin been charged with corruption?

* Did Shokin's replacement initiate any investigations that Shokin had blocked?

* Did Shokin's replacement stop any investigations that Shokin had initiated?

In general, how has the corruption situation changed because Shokin was removed?

======

Also, has the USA ever demanded that any other country fire a prosecutor?

If not, then what is your explanation for Ukraine being a unique case?

Do you think that the USA generally should demand that other countries fire their prosecutors if the USA deems the prosecutors to be corrupt?

tim in vermont said...

Remember when the Democrats made all of their supporters overlook rape and defend sexual harassment? Now they are making all of their supporters defend influence peddling, corruption, and using the CIA, FBI, and NSA to spy on political opponents.

I ask you Democrats, is this what you thought being a Democrat was about?

tim in vermont said...

" Did Shokin's replacement stop any investigations that Shokin had initiated?”

Yes, Burisma. See my New York Times article above.

Big Mike said...

* Did Shokin's replacement stop any investigations that Shokin had initiated?

Besides Burisma, of course.

Big Mike said...

@Aunty Trump, your fingers are faster than mine.

Mike Sylwester said...
This comment has been removed by the author.
tim in vermont said...

Does anybody have a link to all of the testimony from Schiff’s committee?

Mike Sylwester said...
This comment has been removed by the author.
tim in vermont said...

Except of course the IG testimony that shows that Schiff and Ciaramella played fast and loose with the whistleblower law, since Schiff has classified that one as secret.

tim in vermont said...

Stop questioning authority Mike, you will never get Trump removed from office that way!

Mike Sylwester said...

It's too bad that the public does not have any concrete evidence that Shokin was corrupt.

I myself was dissatisfied with the too-slow pace of the investigation conducted by Robert "The FBI Whitewasher" Mueller, and I consider him to be corrupt. Mueller spent more than two years investigating nonsense.

How did US Ambassador Yovanovitch and Vice President Biden decide which Ukrainian prosecutors were corrupt and should be removed?

* Did such prosecutors take too long to investigate some corruption cases?

* Did such prosecutors decide there was insufficient evidence to prosecute some corruption accusations?

When this happens in the USA, then do Yovanovitch and Biden conclude that our US prosecutors are corrupt and must be removed?

Should something have been done about Mueller? His investigation took a very long time and found only a few trivial process crimes. Doesn't that prove that Mueller was just as corrupt as Shokin?

It's an interesting coincidence that Joe Biden has demanded the removal of a prosecutor from only (as far as I know) one country, Ukraine -- a country where his son was earning huge money for a no-show job.

Howard said...

Are you guys having fun? I have no idea what is going on but don't want to listen. Just think Republican Senator See you on the flip side.

ThunderChick said...

Why do so many of you keep repeating this lie? And it is a particularly corrosive lie because it is the opposite of the truth. The U.S., the EU, the IMF and others wanted the prosecutor out because he would not investigate corruption, including Burisma. If anything, Biden's demands increased the possibility that Burisma would be investigated.

Apparently you concede that Burisma is/was a corrupt company. Then why the hell was Hunter Biden on the board of Burisma? Why would the VP of the US want/allow his son on the board of such a company? How is it not a conflict of interest for VP daddy to be the point man on Ukraine matters, yet his son is on the board of company that apparently everyone in the world wanted investigated? Maybe Biden wanted to clean up corruption in Ukraine, but it sure stinks to high heaven that his loser, waste of life son is in a position to reap the profits of any kind of transformation of Burisma into a non-corrupt entity.

narciso said...


this was the official that jailed shokin's successor, lutsenko, the case went all the way to the eu courts,

https://sanctionswatch.cifar.eu/people/ukraine/viktor-pshonka/

mccullough said...

Why isnt Hunter Biden paying child support to his son?

That will be question one at the Senate hearing to Hunter.

Anyone ask Joe if he’s given any money to help his newest grandson?

WWIII Joe Biden, Husk-Puppet + America's Putin said...

Excellent questions, Mike S.

Waiting for Chuck's answers.

narciso said...

like he wanted to clean up aig goldman, countrywide, et al, that furnished him with lucre, I doubt it,

tim in vermont said...

There is no evidence that I know of that the IMF wanted Shokin gone prior to Biden firing him, and this doesn’t exactly sound open and shut:

Views about the role of the Bidens in the matter depend to some degree on questions about Mr. Shokin’s motives. Among both Ukrainian and American officials, there is considerable debate about whether Mr. Shokin was intent on pursuing a legitimate inquiry into Burisma or whether he was merely using the threat of prosecution to solicit a bribe, as Mr. Zlochevsky’s defenders assert.

Concerns about Mr. Shokin notwithstanding, the cases against Burisma had high-level support from the Obama administration. In April 2014, it sent top officials to a forum on Ukrainian asset recovery, co-sponsored by the United States government, in London, where Mr. Zlochevsky’s case was highlighted.

Early that year, Mr. Archer, the Kerry family friend, and Hunter Biden were part of a wave of Americans who would come from across the Atlantic to help Burisma...
. - New York Times

Shokin is investigating and then they hire a Biden and a “Kerry family friend.” It looks like the evidence for corruption of Shokin is the assertions of Zlochevsky and his legal team, who met with Shokin’s replacment before Shokin was “fired” by Biden and the whole thing went away.

This article is so highly couched to protect Democrats it’s hysterical.

narciso said...

biden was the second favored of the sub prime cartel, Obama was first chris dodd was the third, now zylochevsky, wasn't the big man, that was kolomoisky who also owns privat bank, which on their own lost 1.6 million, that's more than the loan that was at issue,

Fernandinande said...

So the argument is that it's OK to use the powers of the executive for "personal, political gain", which "happens all the time", as long as it's at the expense of taxpayers other than Joe Biden, who probably isn't a net taxpayer anyway.

tim in vermont said...

Trump should subpoena. whoever wrote that article for the New York Times and depose them.

narciso said...

oh, that's interesting,


https://www.washingtonexaminer.com/news/laura-ingraham-shows-emails-tying-alleged-ukraine-whistleblower-to-obama-white-house-meeting-on-burisma

like I saw the hall of mirrors in the second conan film wasn't as obvious, also scaramanga's merrygoround,

tim in vermont said...

I wonder how Lance feels about all of these fishing expeditions that New York State is carrying out against Trump and his family?

tim in vermont said...

"https://www.washingtonexaminer.com/news/laura-ingraham-shows-emails-tying-alleged-ukraine-whistleblower-to-obama-white-house-meeting-on-burisma”

LOL. Ciaramella was up to his neck in Barisma, and shit a brick when it came up and that’s when the hornets nest exploded. Steve McIntyre tracked down White House logs of the meetings. between “Charlie” as he was referred to in those infamous FBI texts and the Ukrainians.

Bruce Hayden said...

“I think AA is exactly right in saying that the pro-removal argument must be along the lines of "I understand that Trump now claims that he had an legitimate policy objective of investigating corruption in use of US aid dollars, but I don't believe that was Trump's true motivation; in the dark recesses of his soul, all he wanted to promote his own political ends." If the pro-removal forces could find one document, or one witness that says, "Trump wrote or told me that he didn't care about corruption in US aid and that he was only pursuing this to harm Biden," that would be a witness I want to hear, or a document I want to see. But I seriously doubt there is such a document or witness”

Again, Lawfare reversing presumptions for political advantage. Part of their intentional misinterpretation of the Obstruction of Justice statute was from any legitimate motive trumping illegitimate motives to the opposite, that no matter great the legitimate reasons and justifications, the statute is violated by any illegitimate motivations. This is part of how they converted it from a specific to a general intent crime. Which is why I believe the Lawfare Group to rival George Soros in their evilness.

tim in vermont said...

Ingraham said the story was never published and reached out to Vogel and the New York Times to ask why the report never came to fruition. While Vogel did not reply, Ingraham said the New York Times director of communications simply stated that Vogel's request for comment was consistent with their news-gathering process.

Still, Ingraham said that "the timing of their request and the subsequent squashing of the story are very interesting," noting how Joe Biden announced his candidacy for president on April 25, one week before Vogel's request. She speculated a number of possibilities, including that Joe Biden's campaign somehow got the New York Times to drop the story.


Oh look, the New York Times dropped the whole line of investigation. I wonder if Ingraham said “squashed” and not “quashed."

tim in vermont said...

They keep saying “Shokin was widely seen as corrupt” but they never provide any evidence. Mostly it seems to be based on the claims of Burisma’s lawyers. But if anybody has any evidence that he was seen as corrupt that predates Biden forcing him out, I would love to see it.

Michael K said...

Why is it inappropriate Lance? If taxpayer money is being funneled back to the sons of corrupt US politicians, is it not in our national interest to find out?

It sounds like "Lance " is a fake ID.

narciso said...

some oligarch are untouchable, others like firtash are targeted for 3rd country actions, trying to bribe one in india, no us connection, but lisa page sought to extradite him, as mentioned before kolomoisky, where there was a disposition of assets hearing some months ago in London, canceled by bomb threat, yes nothing amiss there,

narciso said...

the thread is here:


https://twitter.com/ClimateAudit/status/1220209124635443200?s=20

Gk1 said...

You would think liberals of all people would understand at this late date they can't rely on a complete lockstep protection from the media in this day and age. See how that worked for Hillary and her bathroom server. It was like a tire fire that never went away.

Slow Joe and his son Cokie Hunter can't explain away the clear conflict of interest no matter how much hand waving and tap dancing they do. People who aren't political junkies know corruption when they see it. This story won't go away and has only increased scrutiny over the whole scummy affair.

Impeachment boosters need several paragraphs, ESP and a weegee board to explain why Trump should be impeached while the Biden's family's corruption is out in the open and can be explained in a sentence.

Birkel said...

Racist fopdoodle:
"Yeah, this is where it all breaks down into conspiracist idiocy. The notion that Trump not only has his own foreign policy apart from the State Department but that he has his own criminal investigation unit apart from the FBI and the DoJ.
"It's laughable. But maybe, just maybe, Trump and his tiny team of insider/loyalists can explain it. Fine. Just produce all of the documents and communications, and do it under oath."

Using this approach, the Chief Executive is not Chief and must follow underlings.

Fuck that unconstitutional noise.

narciso said...

this is why Taranto came up with his 'two papers in one,' meme, no one really reads what the times said before, it's too embarrassing,

LA_Bob said...

Robert Cook,

Your link is to a Counterpunch article by one Thomas L. Knapp.

"Thomas L. Knapp is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism".

A director and senior news analyst. Not even an "eminent law professor".

Ppppppppppppppffffffffffffffffffffffffllllllllllllllllllllllllllllltttttttttttttttttttttttt!

narciso said...

the point was to get the investigation out in the open, they had reopened the investigation into zylochevsky, the month before the call, however it was very particular to his personal affairs it didn't attach to the company, or other officer, under this hailstorm, zelensky reassigned the investigators back to the corrupt nabu agency,

Brian said...

Why did he want Ukraine to investigate Biden?

This is a strawman argument. Who would be acceptable to investigate Biden? The answer is nobody.

1. If he had Guliani investigate Biden he's using "dark money" to investigate a political rival.
2. If he had Ukraine investigate he's using his political powers of foreign policy to investigate a political rival.
3. If he uses the DOJ he's using the power of the presidency to investigate foreign crimes and targeting his political rival similar to Nixon and the IRS. Watergate!
4. If he uses Fox News to investigate he's engaging in conspiracy theories.

So who gets to investigate Biden? How about all of the above.

Brian said...

with no other discussion within the U.S., no official agency involvement,

Trump has to go hat in and hand and ask the rest of the federal government for what he wants, pretty please?

hstad said...

"...If the president in fact withheld military assistance authorized by Congress in order to gain an advantage over former Vice President Joe Biden, that was an unlawful and corrupt abuse of power..." I swear to God that Lawyers are idiots! By this conclusion, it is illegal for anyone to investigate Joe Biden's misdeeds as long as he is a candidate for President. Really, it is not against the law to investigate these idiots who pushed the "Steele Dossier"?
Why does a candidate for President deserve such preeminence? Does the voter of the USA not have a right to find out that Joe Biden 'may have abused' his office for personal gain [the real crime] before such voter casts his/her vote. Just another propoganda meme pushed by morons to get media exposure.

Birkel said...

https://www.washingtonexaminer.com/news/laura-ingraham-shows-emails-tying-alleged-ukraine-whistleblower-to-obama-white-house-meeting-on-burisma

So Obama had questions about Biden at Burisma?
And Ciaramella was involved?

Brian said...

At the time of the second a Trump-Zelensky call, did the DOJ, FBI, any other agency have a preliminary or open investigation into Hunter Biden, Joe Biden, or any other member of the Obama administration’s business or financial dealings with any Ukrainian entity, such as Burisma or the Ukrainian government?”

Who do those agencies report to? When did I get to vote for who was in the DOJ and FBI?
In our system there is a singular executive. The head honcho in charge. Why does he have to muffle himself about potential corruption because he hasn't gotten permission from his underlings?

On that path lies civil war. Not a constitutional republic.

tim in vermont said...

Jan 19, 2016 meeting with Ukrainians hosted by Ciaramella, at which Ukrainians were told of linkage of IMF $1 billion to demand that Shokin be fired. Ukrainians at meeting also released Black Ledger against Manafort to aid Hillary.

They didn’t give Trump a heads up on Manafort, so he could be dumped, they waited until they felt they could inflict maximum damage on the Trump campaign. August of 2016 they decapitated it, clearing the way for Kelly Anne Conway, who then won the election for Trump.

hombre said...

Beasts: “That the funds were released eighteen days prior the deadline has never been disputed, hombre.”

Thanks. I wasn’t really questioning. I hadn’t seen that before.

Beasts of England said...

You’re welcome, hombre. Bloomberg reported the release as September 11th, confirmed by five sources.

Martin said...

So, we are down to thought-crime. Welcome to Orwell's 1984.

Robert Cook said...

"Fill in blanks for USA moochers and hangers on."

Trump is certainly among them.

Robert Cook said...

"He is squaring up on a different budget deficit === the justice/moral one"

Ah! He's Satan's bookkeeper!

Robert Cook said...

America has shitty water.

Trump thinks our drinking water is still too good for us, wants to make it even shittier.

Kirk Parker said...

Sally327,

"...maybe it's because rotten and evil is normal for them."

What on earth is that word "maybe" doing in there?

Kirk Parker said...
This comment has been removed by the author.
Kirk Parker said...

Bobbitt is a distinguished professor, and so what? So is/was Lawrence Tribe, and look what looney tunes he has gotten up to recently!

Michael K said...

Slow Joe and his son Cokie Hunter can't explain away the clear conflict of interest no matter how much hand waving and tap dancing they do. People who aren't political junkies know corruption when they see it. This story won't go away and has only increased scrutiny over the whole scummy affair.

I'm slowly working my way through "Profiles in Corruption." It's slow going and I have to take a break every hour or so. I may need to take a shower after finishing the Biden chapter. The whole family is corrupt. I just read about his brother Frank who was involved in a hit and run that killed a young father. The court assessed about $500k to Frank who disappeared. Finally, after some years, the attorney for the two girls orphaned by the incident wrote to Joe's office as VP. The response from a flunky explained that Frank had no income and they could not help the girls collect. Meanwhile, Frank accumulated about $38,000 in unpaid income tax.

Biden's brother James acquired a $500 k debt on a house he owns. It was paid off by a donor of Joe's.

Michael K said...

Meanwhile Cook thinks the "waterways act" that rules puddles are navigable waterways requiring federal regulation is "shitty water"

I guess if you live in rent controlled housing in NYC and never saw a farm, you could get that idea.

h said...

Replying to Tom who (at 8:11 AM on THursday 1/23/20) asks: At the time of the second a Trump-Zelensky call, did the DOJ, FBI, any other agency have a preliminary or open investigation into Hunter Biden, Joe Biden, etc.?

https://www.breitbart.com/2020-election/2019/12/24/report-hunter-biden-being-investigated-for-burisma-linked-money-laundering/
https://www.theblaze.com/news/a-gop-senate-chair-is-investigating-hunter-bidens-business-dealings-in-china

And most importantly, the Huber (Utah Federal attorney) has had a broad and on going investigation into lots of aspects of interference in the 2016 election. His investigation would include activities by the FBI. I don't think we have public announcements about the timing and scope of this, but I would guess that this investigation pre-dates the telephone calls.

Cornroaster said...

This subject was already covered by E Donald Elliott of Yale Law School in an excellent article in American Spectator last month. https://spectator.org/against-impeachment-for-thought-crimes/ Full disclosure - Professor Elliott was a high school friend of mine.

narciso said...


about the underlying predicate

https://twitter.com/seanmdav/status/1220450650703781899

James K said...

“Philip Bobbitt is a very eminent law professor.”

So is Lawrence Tribe, and that hasn’t prevented him from completely beclowning himself in TDS. Academics have lost their presumption of credibility, much less authority.

narayanan said...

Blogger narciso said...

about the underlying predicate
___________+++++++++++++++++
People have been talking PREDICATE for quite a while about DOJ activities.

Let me pose this:

Does not Trump have overwhelming valid PREDICATE - for his subject matter in discussion with Ukraine President

Michael K said...

Most recent sections of "Profiles" is still about Frank Biden. What a dirtbag !

Hard to read for long. "Clinton Cash" was also hard to read. Like reading an indictment.

Spiros said...

Holy cow. The Intercept has an absolutely hilarious story about how corrupt the Biden family is. And this bullsh*t has been going on for decades. Just one year after Joe Biden was elected to the Senate, his brother opened a nightclub with “unusually generous bank loans.” Joe's brother opened a cash business that was a disaster (probably because he was just pocketing the cash and evading taxes) and the bank was told to piss off. To make matters worse, the same bank that was strong armed into loaning money to Joe's brother was actually at fault. “What I’d like to know,” Biden told the News Journal in 1977, “is how the guy in charge of loans let it get this far.” What chutzpah!!! The Intercept describes several other schemes in which the Biden family cashed in on Joe's political career. A nice little bit of journalism from the other side...

RichAndSceptical said...

I never have understood how Trump going after Biden for something he did as VP is in any way illegal. Maybe someone can explain it to me. To me, Biden being a candidate for the Democrat nomination is irrelevant. It can't prevent him being investigated for breaking the law.

Anonymous said...

I regard the Left’s new “whataboutism” buzz-word as an atrocity that is almost always leveled in bad faith. Pointing out your opponent’s hypocrisy on the very points he is arguing is a normal part of any debate.

But now I’ve seen real whataboutism. In the midst of a long, detailed discussion of corruption in Ukraine and the respective roles of Trump, Biden, and many other bit players, here comes Cook to remind us that Trump is failing to hold up Cook’s favored drinking water standards. The horror!

Ken B said...

Cookie
Condescending was once a compliment. Words mutate. What matters is how misdemeanor was used in 1789. Plus you are wrong even in current usage. In some states very serious crimes, felonies in other states, are called misdemeanors.

Grow up and check your facts.

Birkel said...

Anybody else see the admission by the DOJ that "at least" the 3rd and 4th FISA warrants against Carter Page were illegal?

Known Unknown said...

"This thought has never crossed Trump's mind. His one and only motivation, all the time, awake or asleep, is his own self-aggrandizement."

The two are not mutually exclusive.

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