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The Pronk Pops Show 1356, November 11, 2019, Story 1: President Trump Honors Veterans at 100th New York City Veterans Day Parade — Videos — Story 2: President Trump’s Back Channel To Ukraine And Personal Lawyer Rudy Giuliani — Cashing In As Trump’s Trusted Adviser? —  Video — Story 3: President Trump Press Conference — Videos

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Story 1: President Trump Honors Veterans at 100th New York City Veterans Day Parade — Videos

See the source image

President Trump and The First Lady Attend the New York City Veterans Day Parade

Trump is first sitting president to attend Veterans Day Parade

Trump speaks at the New York City Veterans Day parade

President Trump kicks off the 100th annual NYC Veterans Day Parade at Madison Square Park in Manhattan. He will be the first president to participate in the parade. Trump gives an address at the park, the site of the Eternal Light Flagstaff memorial. #FoxNews

Vice President Pence Delivers Remarks on Veterans Day 2019

Vice President Pence Attends a National Veterans Day Observance

WATCH: Trump speaks at Veterans Day Parade in New York

USA: Veterans Day Parade sees anti-Trump protests

100th Annual NYC Veterans Day Parade

Veterans Day observances from across the country

VP Pence speaks at Arlington Cemetery

WATCH: Vice President Pence observes Veterans Day at Arlington National Cemetery

 

Story 2: President Trump’s Back Channel To Ukraine And Personal Lawyer Rudy Giuliani — Cashing In As Trump’s Trusted Adviser? —  Video

Trish Regan: Corruption, payouts and quid pro quos

Fitton: This is a fundamental threat to our republic

WATCH: Giuliani had a campaign against former U.S. ambassador to Ukraine, John Sullivan says

How Rudy Giuliani went from ‘America’s mayor’ to Ukraine business broker

Giuliani’s globetrotting complicates US foreign policy

Giuliani: Shouldn’t Biden be investigated over Ukraine if Trump can be impeached over it?

Giuliani rips ‘corrupt’ media, defends Trump’s calls for Biden probe

Giuliani slams ‘swamp media’, says it’s time to fight back against Dems

PBS News Hour full episode November 11, 2019

‘He’s Gonna Sing’: Giuliani Hires 3 Lawyers Amid Ukraine Scandal | The Beat With Ari Melber | MSNBC

What diplomat George Kent said about Rudy Giuliani — and Hunter Biden

‘I wouldn’t cooperate with Adam Schiff’: Giuliani | ABC News

 

Rudy Giuliani’s diplomatic backchannel was both ‘irregular’ and ‘outlandish’

Story 3: President Trump Press Conference — Videos

PHONY SCAM: President Trump Says Democrat “Witch Hunt” MUST END

Trump unloads on Democrats ahead of public impeachment hearings

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The Pronk Pops Show 1351, November 4, 2019, Story 1: Two Trump Administration National Security Council Lawyers and Two White House Staff Refuse To Testify and House Releases Chairman Schiff Selected Five Hundred Pages of Testimony From House Intelligence Committee — All U.S. Ambassador Serve At The Pleasure of The President — Can Be Fired At Any Time — Elections Have Consequences — Videos — Story 2: President Trump Answers Press Questions on Whistle-blowers, Lying Adam Schiff and Barr and Durham Investigation — The Name of Hearsay Phony Whistle-Blower and Leaker of Classified Information is Eric Ciaramella, Partisan Democrat and Advised Joe Biden on Ukraine — Videos

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Story 1: Two Trump Administration National Security Council Lawyers and Two White House Staff Refuse To Testify and House Releases Chairman Schiff Selected Five Hundred Pages of Testimony of From House Intelligence Committee — All U.S. Ambassador Serve At The Pleasure of The President — Can Be Fired At Any Time — Elections Have Consequences — Videos — 

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House Dems begin releasing transcripts of closed-door testimony

House Democrats release first transcripts of closed-door testimony

 

The House committees leading the impeachment probe released the first set of transcripts of testimony by witnesses who appeared behind closed doors last month. Marie Yovanovitch, the former U.S. ambassador to Ukraine, and Michael McKinley, a former top adviser to Secretary of State Mike Pompeo, both told lawmakers about their experiences with U.S. policy toward Ukraine.

November 4, 2019 – PBS NewsHour full episode

Jim Jordan speaks out on his possible move to House Intel Committee

Steve Bannon predicts Trump impeachment fallout in Fox News exclusive

Over 100 House Republicans back bill to censure Adam Schiff

Jim Jordan makes explosive accusation against Schiff

Giuliani claims he has Ukrainian docs showing ‘collusion’ with top Dems

Giuliani slams ‘swamp media’, says it’s time to fight back against Dems

Biden sidesteps questions about son’s foreign work

Joe Biden’s son’s firm linked to Chinese government: New book

Iconic Quid Pro Quo

Joe Biden Brags about getting Ukranian Prosecutor Fired

Clip: Biden on the Obama Administration’s Response to Russia

Foreign Affairs Issue Launch With Joe Biden

White House officials refusing to testify Monday in impeachment inquiry: report

White House officials refusing to testify Monday in impeachment inquiry: report
© Getty Images

Four White House officials will not show up for scheduled closed-door depositions on Monday as part of the ongoing impeachment inquiry into President TrumpCNN reports.

An unidentified source told the network that National Security Council lawyers John Eisenberg and Michael Ellis will not testify.

Two other officials, Robert Blair, assistant to the president and senior adviser to acting White House chief of staff Mick Mulvaney, and Brian McCormack, associate director for natural resources energy and science at the Office of Management and Budget, had already declined to testify, outlets reported Saturday.

Blair’s attorney, Whit Ellerman, also told Politico his client would still not show up if subpoenaed, adding that “direction from the White House and advice from [the Department of Justice] cover subpoena.”

Two other Office of Management and Budget officials, Michael Duffey and Russell Vought, will not show up to testimonies later this week, a source with knowledge of the situation told CNN.

Outgoing Energy Secretary Rick Perry refused to a request to testify Wednesday as part of the inquiry, a spokeswoman for his department, Shaylyn Haynes, told The Hill on Friday.

The White House did not immediately respond for comment in response to the officials not testifying.

The House Intelligence Committee issued subpoenas on Sunday for Ellis and Blair to appear before the panel, according to an official familiar with the inquiry.

House Democrats have called in witnesses to testify in closed-door depositions before three House committees leading the probe for weeks. The House voted last week largely along party lines in favor of an impeachment resolution, with just two Democrats joining all Republicans in voting against the measure.

House Intelligence Committee Chairman Adam Schiff, a California Democrat leading the inquiry, has said public testimonies will begin soon but has not given a specific timeline.

The inquiry is centered around Trump’s alleged solicitation of foreign interference in the 2020 election, with a focus on the president’s communications with Ukraine. He has repeatedly denied any wrongdoing

https://thehill.com/homenews/administration/468797-white-house-officials-refuse-to-testify-in-impeachment-inquiry

‘Go big or go home’: Impeachment inquiry transcripts reveal how Ukraine ambassador was told to tweet her support for Donald Trump by his hotel millionaire EU ambassador – then was ousted when she didn’t

  • Democrat-led House committees released first two transcripts of interviews
  • Testimony was behind closed doors, offering Trump a chance to complain about fairness and transparency
  • First transcripts cover testimony from former ambassador to Ukraine and a former aide to Secretary of State Mike Pompeo 
  • Former ambassador: Trump wanted me out and no one at State stood up for me 
  • Ambassador to the EU told her ‘Go big or go home’ and told her to praise the president publicly, which she didn’t

The Democrat-led House committees in charge of an impeachment inquiry targeting Donald Trump released two transcripts on Monday, the first records of closed-door interviews about the president’s links with Ukraine.

They painted a picture of a U.S. ambassador in a former Soviet republic with no defenders after she failed to praise the president – and who told lawmakers she felt ‘threatened’ by the president, her ultimate boss.

U.S. ambassador to the European Union told then-ambassador to Ukraine Marie Yovanovitch, she told lawmakers, to ‘Go big or go home,’ meaning that she should publicly profess her support for the president.

She didn’t, alienating Trump’s attorney Rudy Giuliani who led a push to oust her. Yovanovitch went home when Trump recalled her in June, ending her diplomatic career.

The president tweeted Sunday night that he suspected transcripts reaching the public could be altered by the Democrats who want to oust him – especially California Rep. Adam Schiff.

Witnesses before congressional committees are permitted to review transcripts of their testimony and approve them before their release.

Democratic Rep. Adam Schiff, chairman of the House Intelligence Committee is the driving force behind the impeachment inquiry targeting President Donald Trump; his committee released two transcripts from interviews held behind closed doors

Trump, pictured Sunday talking to reporters at the White House, believes he's being railroaded by partisans in a 'witch hunt'

Yovanovitch and Michael McKinley, a former adviser to Secretary of State Mike Pompeo, sat with committee members and staff in October.

The transcript of Yovanovitch’s interview shows her telling lawmakers that the Trump-appointed ambassador to the European Union, hotelier Gordon Sondland, advised her to tweet out her support for President Trump.

‘He said, you know, you need to go big or go home. You need to, you know, tweet out there that you support the President, and that all these are lies and everything else,’ she said of one conversation.

‘And, you know, so, you know, I mean, obviously, that was advice. It was advice that I did not see how I could implement in my role as an Ambassador, and as a Foreign Service Officer.’

She was asked: ‘Did he actually say, ‘support President Trump’? Was that his advice, that you publicly say something to that effect?’

Yovanovitch responded: ‘Yes. I mean, he may not have used the words ‘support President Trump,’ but he said: You know the President. Well, maybe you don’t know him personally, but you know, you know, the sorts of things that he likes. You know, go out there battling aggressively and, you know, praise him or support him.’

Ultimately Trump lawyer Rudy Giuliani led a push to have her removed.

Ukrainian officials had warned her in advance that Rudy Giuliani and other allies of President Donald Trump were planning to ‘do things, including to me’ and were ‘looking to hurt’ her, she said.

The former envoy, who was pushed out of her job in May on Trump’s orders, testified that a senior Ukrainian official told her that ‘I really needed to watch my back.’

Yovanovitch she said was told by Ukrainian officials last November or December that Giuliani, the president’s personal lawyer, was in touch with Ukraine’s former top prosecutor, Yuri Lutsenko, ‘and that they had plans, and that they were going to, you know, do things, including to me.’

She said she was told Lutsenko ‘was looking to hurt me in the U.S.’

Former U.S. ambassador to Ukraine Marie Yovanovitch testified on October 11 that Trump attorney Rudy Giuliani led a campaign to oust her and that she was advised to become an outwardly fawning cheerleader for the president

Michael McKinley, the former top aide to Secretary of State Mike Pompeo, fielded questions from the House Foreign Affairs, Intelligence and Oversight committeees on October 16

Yovanovitch told the investigators that the campaign against her, which included an article that was retweeted by Donald Trump Jr., undermined her ability to serve as a ‘credible’ ambassador and she wanted Secretary of State Mike Pompeo to issue a statement defending her. But no statement was issued.

She testified that a State Department official named Philip Reeker told her that as Giuliani’s campaign wore on, Pompeo conveyed he could no longer insulate her from Trump’s desire to send her packing.

‘Mr. Reeker said that I, you know, I would need to leave. I needed to leave as soon as possible. That apparently, as I stated in my statement, the President had been – had wanted me to leave since July of 2018 … and that the Secretary had tried to protect me but was no longer able to do that,’ she said in her testimony.

‘Who had concerns as of July 2018?’ a lawmaker asked her. ‘President Trump,’ she responded.

‘And was that the first that you had heard of that?’ the lawmaker followed up. Yovanovitch said it was, and ‘I was shocked.’

At one point in April, Yovanovitch said she received a call from Carol Perez, a top foreign service official, at around 1 a.m. Ukraine time, abruptly telling her she needed to immediately fly back to Washington. Yovanovitch said when she asked why, Perez told her, ‘I don’t know, but this is about your security. You need to come home immediately. You need to come home on the next plane.’

Yovanovitch said she didn’t think Perez meant it was to protect her physical security. Instead, Yovanovitch said, Perez told her it was for ‘my well-being, people were concerned.’

 I don’t know, but this is about your security. You need to come home immediately. You need to come home on the next plane
What State Department official told Marie Yovanovich

The former envoy stressed to investigators that she was not disloyal to the president.

‘I have heard the allegation in the media that I supposedly told our embassy team to ignore the President’s orders since he was going to be impeached,’ she said. ‘That allegation is false.’

She answered ‘no’ when asked point blank if she’d ever ‘badmouthed’ Trump in Ukraine, and said she felt U.S. policy in Ukraine ‘actually got stronger’ because of Trump’s decision to provide lethal assistance to the country, military aid that later was held up by the White House as it pushed for investigations into Trump’s political foes.

Under friendly questioning from Democratic Rep. Sean Patrick Maloney of New York, Yovanovitch said she considered herself good at her job and had been there more than three years and that her bosses at the State Department wanted to extend her tour.

‘It seems to me they threw you to the wolves. Is that what happened?’ Maloney asked.

Yovanovitch replied: ‘Well, clearly, they didn’t want me in Ukraine anymore.’

Long hours into her testimony, Yovanovitch was asked why she was such ‘a thorn in their side’ that Giuliani and others wanted her fired.

‘Honestly,’ she said, ‘it’s a mystery to me.’

Yovanovitch was also asked about the call between Trump and Zlensky which took place after she was removed from her post and was released by the White House after the whistleblower complaint was made public.

In it Trump told the Ukrainian president: ‘The former ambassador from the United States, the woman, was bad news and the people she was dealing with in the Ukraine were bad news, so I just want to let you know that.’

She told the Democratic majority’s counsel: ‘I was shocked. I mean, I was very surprised that President Trump would—first of all, that I would feature repeatedly in a Presidential phone call, but secondly, that the President would speak about me or any ambassador in that way to a foreign counterpart.’

Yovanovitch was asked if she felt threatened and said: ‘Yes.’

She added: ‘ I was wondering you know, soon after this transcript came out there was the news that the IG [Inspector General of the Intelligence Community] brought to this committee, all sorts of documentation, I guess, about me that had been transferred to the FBI.

‘You know , I was wondering, i s there an active investigation against me in the FBI? I don’t know.’ She added that friends were ‘very concerned’ for her personal safety.

Yovanovitch said that she was generally shocked by the way the Trump administration threw the State Department into chaos.

‘You know … you’re going to think that I’m incredibly naive, but I couldn’t imagine all of the things that have happened over the last 5 or 7 months,’ she said. ‘I just couldn’t imagine it.’

She pushed back robustly on claims made by Republican questioners that she was biased against Trump and that she ordered the ‘monitoring’ of a string of conservative figures.

House Intelligence Committee Chairman Adam Schiff says his panel and others are releasing the transcripts so ‘the American public will begin to see for themselves’ what evidence exists that Trump may have committed an impeachable offense.

President Donald Trump suggested Sunday that transcripts coming out of Democrat-led committees could be doctored to make him look worse; witnesses are invited to read and approve of such records before their release by Congress

President Donald Trump suggested Sunday that transcripts coming out of Democrat-led committees could be doctored to make him look worse; witnesses are invited to read and approve of such records before their release by Congress

Republicans have called for the release of the transcripts, which they believe will show Trump acted appropriately and lawfully during a now-famous July 25 call with Ukraine President Volodymyr Zelensky.

Trump claimed Sunday that ‘[i]f Shifty Adam Schiff, who is a corrupt politician who fraudulently made up what I said on the ‘call,’ is allowed to release transcripts of the Never Trumpers & others that are & were interviewed, he will change the words that were said to suit the Dems purposes.’

‘Republicans should give their own transcripts of the interviews to contrast with Schiff’s manipulated propaganda,’ the president urged.

‘House Republicans must have nothing to do with Shifty’s rendition of those interviews. He is a proven liar, leaker & freak who is really the one who should be impeached!’

Members of Congress can be investigated for ethics violations, and they can be expelled by a vote of their peers, but they cannot be impeached.

https://www.dailymail.co.uk/news/article-7648543/Democrats-impeachment-inquiry-releases-hundreds-pages-transcripts-two-witnesses.html

This Impeachment Subverts the Constitution

It’s nakedly political and procedurally defective, and so far there’s no public evidence of high crimes.

Rep. Adam Schiff speaks beside Speaker Nancy Pelosi on Capitol Hill, Oct. 15. PHOTO: CARLOS JASSO/REUTERS

Speaker Nancy Pelosi has directed committees investigating President Trump to “proceed under that umbrella of impeachment inquiry,” but the House has never authorized such an inquiry. Democrats have been seeking to impeach Mr. Trump since the party took control of the House, though it isn’t clear for what offense. Lawmakers and commentators have suggested various possibilities, but none amount to an impeachable offense. The effort is akin to a constitutionally proscribed bill of attainder—a legislative effort to punish a disfavored person. The Senate should treat it accordingly.

The impeachment power is quasi-judicial and differs fundamentally from Congress’s legislative authority. The Constitution assigns “the sole power of impeachment” to the House—the full chamber, which acts by majority vote, not by a press conference called by the Speaker. Once the House begins an impeachment inquiry, it may refer the matter to a committee to gather evidence with the aid of subpoenas. Such a process ensures the House’s political accountability, which is the key check on the use of impeachment power.

The House has followed this process every time it has tried to impeach a president. Andrew Johnson’s 1868 impeachment was predicated on formal House authorization, which passed 126-47. In 1974 the Judiciary Committee determined it needed authorization from the full House to begin an inquiry into Richard Nixon’s impeachment, which came by a 410-4 vote. The House followed the same procedure with Bill Clinton in 1998, approving a resolution 258-176, after receiving independent counsel Kenneth Starr’s report.

Mrs. Pelosi discarded this process in favor of a Trump-specific procedure without precedent in Anglo-American law. Rep. Adam Schiff’s Intelligence Committee and several other panels are questioning witnesses in secret. Mr. Schiff has defended this process by likening it to a grand jury considering whether to hand up an indictment. But while grand-jury secrecy is mandatory, House Democrats are selectively leaking information to the media, and House Republicans, who are part of the jury, are being denied subpoena authority and full access to transcripts of testimony and even impeachment-related committee documents. No grand jury has a second class of jurors excluded from full participation.

Unlike other impeachable officials, such as federal judges and executive-branch officers, the president and vice president are elected by, and accountable to, the people. The executive is also a coequal branch of government. Thus any attempt to remove the president by impeachment creates unique risks to democracy not present in any other impeachment context. Adhering to constitutional text, tradition and basic procedural guarantees of fairness is critical. These processes are indispensable bulwarks against abuse of the impeachment power, designed to preserve the separation of powers by preventing Congress from improperly removing an elected president.

House Democrats have discarded the Constitution, tradition and basic fairness merely because they hate Mr. Trump. Because the House has not properly begun impeachment proceedings, the president has no obligation to cooperate. The courts also should not enforce any purportedly impeachment-related document requests from the House. (A federal district judge held Friday that the Judiciary Committee is engaged in an impeachment inquiry and therefore must see grand-jury materials from special counsel Robert Mueller’s investigation, but that ruling will likely be overturned on appeal.) And the House cannot cure this problem simply by voting on articles of impeachment at the end of a flawed process.

The Senate’s power—and obligation—to “try all impeachments” presupposes that the House has followed a proper impeachment process and that it has assembled a reliable evidentiary basis to support its accusations. The House has conspicuously failed to do so. Fifty Republican senators have endorsed a resolution sponsored by Judiciary Committee Chairman Lindsey Graham urging the House to “vote to open a formal impeachment inquiry and provide President Trump with fundamental constitutional protections” before proceeding further. If the House fails to heed this call immediately, the Senate would be fully justified in summarily rejecting articles produced by the Pelosi-Schiff inquiry on grounds that without a lawful impeachment in the House, it has no jurisdiction to proceed.

The effort has another problem: There is no evidence on the public record that Mr. Trump has committed an impeachable offense. The Constitution permits impeachment only for “treason, bribery, or other high crimes and misdemeanors.” The Founders considered allowing impeachment on the broader grounds of “maladministration,” “neglect of duty” and “mal-practice,” but they rejected these reasons for fear of giving too much power to Congress. The phrase “high crimes and misdemeanors” includes abuses of power that do not constitute violations of criminal statutes. But its scope is limited.

Abuse of power encompasses two distinct types of behavior. First, the president can abuse his power by purporting to exercise authority not given to him by the Constitution or properly delegated by Congress—say, by imposing a new tax without congressional approval or establishing a presidential “court” to punish his opponents. Second, the president can abuse power by failing to carry out a constitutional duty—such as systematically refusing to enforce laws he disfavors. The president cannot legitimately be impeached for lawfully exercising his constitutional power.

Applying these standards to the behavior triggering current calls for impeachment, it is apparent that Mr. Trump has neither committed a crime nor abused his power. One theory is that by asking Ukrainian President Volodymyr Zelensky to investigate Kyiv’s involvement in the 2016 U.S. presidential election and potential corruption by Joe Biden and his son Hunter was unlawful “interference with an election.” There is no such crime in the federal criminal code (the same is true of “collusion”). Election-related offenses involve specific actions such as voting by aliens, fraudulent voting, buying votes and interfering with access to the polls. None of these apply here.

Equally untenable is the argument that Mr. Trump committed bribery. Federal bribery statutes require proof of a corrupt intent in the form of a quid pro quo—defined by the Supreme Court in U.S. v. Sun-Diamond Growers (1999), as a “specific intent to give or receive something of value in exchange for an official act.” There was no quid pro quo in the call. Mr. Zelensky has said he felt no pressure, and the purported quid (military aid to Ukraine) was not contingent on the alleged quo (opening an investigation), because the former materialized within weeks, while the latter—not “something of value” in any case—never did.

More fundamentally, the Constitution gives the president plenary authority to conduct foreign affairs and diplomacy, including broad discretion over the timing and release of appropriated funds. Many presidents have refused to spend appropriated money for military or other purposes, on grounds that it was unnecessary, unwise or incompatible with their priorities.

Thomas Jefferson impounded funds appropriated for gunboat purchases, Dwight Eisenhower impounded funds for antiballistic-missile production, John F. Kennedy impounded money for the B-70 bomber, and Richard Nixon impounded billions for highways and urban programs. Congress attempted to curtail this power with the Impoundment Control Act of 1974, but it authorizes the president to defer spending until the expiration of the fiscal year or until budgetary authority lapses, neither of which had occurred in the Ukraine case.

Presidents often delay or refuse foreign aid as diplomatic leverage, even when Congress has authorized the funds. Disbursing foreign aid—and withholding it—has historically been one of the president’s most potent foreign-policy tools, and Congress cannot impair it. Lyndon B. Johnson used the promise of financial aid to strong-arm the Philippines, Thailand and South Korea to send troops to Vietnam. The General Accounting Office (now called the Government Accountability Office) concluded that this constituted “quid pro quo assistance.” In 2013, Barack Obama, in a phone conversation with Egyptian President Abdel Fattah Al Sisi, said he would slash hundreds of millions of dollars in military and economic assistance until Cairo cooperated with U.S. counterterrorism goals. The Obama administration also withheld millions in foreign aid and imposed visa restrictions on African countries, including Uganda and Nigeria, that failed to protect gay rights.

In addition, the president’s constitutional duty to “take care that the laws be faithfully executed” implies broad discretion to investigate and prosecute crimes, even if they involve his political rivals. Investigating Americans or Ukrainians who might have violated domestic or foreign law—and seeking the assistance of other nations with such probes, pursuant to mutual legal-assistance treaties—cannot form a legitimate basis for impeachment of a president.

It’s legally irrelevant that a criminal investigation may be politically beneficial to the president. Virtually all exercises of constitutional discretion by a president affect his political interests. It would be absurd to suggest that a president’s pursuit of arms-control agreements, trade deals or climate treaties are impeachable offenses because they benefit the president or his party in an upcoming election.

Using a private party such as Rudy Giuliani to carry out diplomatic missions is neither a crime nor an abuse of power. While the State Department’s mandarins have always lamented intrusions on their bureaucratic turf, numerous U.S. presidents have tapped people to conduct foreign-policy initiatives whose job—whether in the government or private sectors—did not include foreign-policy experience or responsibility. George Washington sent Chief Justice John Jay to negotiate the “Jay Treaty” with Britain. Woodrow Wilson used American journalist Lincoln Steffens and Swedish Communist Karl Kilbom as special envoys to negotiate diplomatic relations with the Soviet Union. A close Wilson friend, Edward House, held no office but effectively served as chief U.S. negotiator at the Paris Peace Conference after World War I.

Nor is it illegal or abusive to give a diplomatic assignment to a government official whose formal institutional responsibilities do not include foreign affairs, such as the energy secretary. JFK relied on Attorney General Robert F. Kennedy to negotiate with Moscow during the Cuban missile crisis.

Although the impeachment inquiry has been conducted in secret, what we know suggests it has become a free-ranging exploration of Mr. Trump’s foreign-policy substance and process, with the committees summoning numerous State Department witnesses. Congress could properly undertake such an inquiry using its oversight authority, but by claiming that it is proceeding with an impeachment inquiry, it has forfeited this option.

If the House impeaches Mr. Trump because it disapproves of a lawful exercise of his presidential authority, it will in effect have accused him of maladministration. The Framers rejected that amorphous concept because it would have allowed impeachment for mere political disagreements, rendering the president a ward of Congress and destroying the executive’s status as an independent, coequal branch of government. If the House impeaches on such grounds and the Senate concludes it has jurisdiction to conduct an impeachment trial, it should focus first and foremost not on the details of Mr. Trump’s foreign policy, but on the legal question of whether the conduct alleged is an impeachable offense.

Alexis de Tocqueville observed in 1835: “A decline of public morals in the United States will probably be marked by the abuse of the power of impeachment as a means of crushing political adversaries or ejecting them from office.” What House Democrats are doing is not only unfair to Mr. Trump and a threat to all his successors. It is an attempt to overrule the constitutional process for selecting the president and thus subvert American democracy itself. For the sake of the Constitution, it must be decisively rejected. If Mr. Trump’s policies are unpopular or offensive, the remedy is up to the people, not Congress.

Mr. Rivkin and Ms. Foley practice appellate and constitutional law in Washington. He served at the Justice Department and the White House Counsel’s Office during the Reagan and George H.W. Bush Administrations. She is a professor of constitutional law at Florida International University College of Law.

https://www.wsj.com/articles/this-impeachment-subverts-the-constitution-11572040762

Senior Ukrainian official says he’s opened probe into US election interference

Ukrainian Prosecutor General Yuriy Lutsenko told Hill.TV’s John Solomon in an interview aired on Wednesday that he has opened a probe into alleged attempts by Ukrainians to interfere in the 2016 U.S. presidential election.

“Today we will launch a criminal investigation about this and we will give legal assessment of this information,” Lutsenko said last week.

A State Department spokesman told Hill.TV that officials are aware of news reports regarding Sytnyk.

“We have always emphasized the need for deep, comprehensive, and timely reforms that respond to the demands the Ukrainian people made during the Revolution of Dignity: an end to systemic corruption, faster economic growth, and a European future for all Ukrainians,” a State spokesperson told Hill.TV.

“We have consistently said that Ukraine’s long-term success and resilience depends on its commitment to reform, in particular the fight to address corruption. To succeed, Ukraine needs committed government officials and strong anti-corruption institutions. The United States is committed to engaging with our partners in Ukraine, including on efforts to roll back the persistent corruption that continues to threaten Ukraine’s national security, prosperity, and democratic development.”

NABU issued a statement on Friday, calling Lutsenko’s comments “not true and is an absurd effort to discredit an independent anti-corruption agency.”

Hill.TV has also reached out to the U.S. Embassy in Ukraine and Clinton’s spokesperson for comment.

“According to the member of parliament of Ukraine, he got the court decision that the NABU official conducted an illegal intrusion into the American election campaign,” Lutsenko said.

“It means that we think Mr. Sytnyk, the NABU director, officially talked about criminal investigation with Mr. [Paul] Manafort, and at the same time, Mr. Sytnyk stressed that in such a way, he wanted to assist the campaign of Ms. Clinton,” he continued.

Solomon asked Lutsenko about reports that a member of Ukraine’s parliament obtained a tape of the current head of the NABU saying that he was attempting to help Clinton win the 2016 presidential election, as well as connections that helped release the black-ledger files that exposed Trump campaign chairman Paul Manafort’s wrongdoing in Ukraine.

“This member of parliament even attached the audio tape where several men, one of which had a voice similar to the voice of Mr. Sytnyk, discussed the matter.”

— Hill.TV Staff

https://thehill.com/hilltv/rising/434892-senior-ukrainian-justice-official-says-hes-opened-probe-into-us-election

 

 

Story 2: President Trump Answers Press Questions on Whistle-blowers, Lying Adam Schiff and Barr and Durham Investigation — The Name of Hearsay Phony Whistle-Blower and Leaker of Classified Information is Eric Ciaramella, Partisan Democrat and Advised Joe Biden on Ukraine — Videos

Press Gaggle: Donald Trump Speaks to the Press After Marine One Arrival – November 3, 2019

Donald Trump speaks to the press after returning to The White House from New York on November 3, 2019.

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The Pronk Pops Show 1350, November 1, 2019, Story 1: Understanding The November Jobs Report With Increased U-3 Unemployment Rate of 3.6%, U-6 Unemployment Rate of 7.0% and Labor Participation Rate of 63.3% With Estimated 128,000 New Jobs Created — Economy Growing — Videos — Story 2: Stock Market Hits New Record Highs in S&P 500 and NASDAQ — Videos– Story 3: The Decline of United States Monetary Base Could Lead to Massive Deflation and Recession? — What Institutions are The Fed Bailing Out? — Videos — Story 4: Listen To Reading and Read The Transcript of Call Between President Trump and Ukraine President Volodymyr Zelensky —  Videos — Story 5: Creepy Sleepy Dopey Joey Biden Does Not Get It — Lying Will Not Work — Ukraine Government Interfered in 2016 Election For Hillary Clinton  — Democrats Colluding with Ukraine Government — Videos — Story 6: Radical Extremist Democrat Socialist “Beto” Robert Francis O’Rourke Leaves Race — Crisis and Fear Monger — Will Not Be Missed By American People — Videos

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The Pronk Pops Show Podcasts

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Pronk Pops Show 1340 October 14, 2019

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Pronk Pops Show 1300 August 1, 2019

 

http://www.shadowstats.com/alternate_data/unemployment-charts

See the source imageSee the source imageSee the source imageImage result for stock market new record highsSee the source image

Story 1: Understanding The November Jobs Report With Increased U-3 Unemployment Rate of 3.6% and Labor Participation Rate of 63.3% With Estimated 128,000 New Jobs Created — Videos

Watch Wall Street five experts react to the October jobs report

Pay attention to the manufacturing data in the jobs report, says NationsShares’ Scott Nations

October Jobs Report: 128,000 Jobs Added, Unemployment At 3.6 Percent | Morning Joe | MSNBC

Nightly Business Report – November 1, 2019

 

Alternate Unemployment Charts

The seasonally-adjusted SGS Alternate Unemployment Rate reflects current unemployment reporting methodology adjusted for SGS-estimated long-term discouraged workers, who were defined out of official existence in 1994. That estimate is added to the BLS estimate of U-6 unemployment, which includes short-term discouraged workers.

The U-3 unemployment rate is the monthly headline number. The U-6 unemployment rate is the Bureau of Labor Statistics’ (BLS) broadest unemployment measure, including short-term discouraged and other marginally-attached workers as well as those forced to work part-time because they cannot find full-time employment.

 

Public Commentary on Unemployment

Unemployment Data Series   subcription required(Subscription required.)  View  Download Excel CSV File   Last Updated: November 1st, 2019

The ShadowStats Alternate Unemployment Rate for October 2019 is 21.0%.

http://www.shadowstats.com/alternate_data/unemployment-charts

Civilian Labor Force Level

164,364,000

 

Series Id:           LNS11000000
Seasonally Adjusted
Series title:        (Seas) Civilian Labor Force Level
Labor force status:  Civilian labor force
Type of data:        Number in thousands
Age:                 16 years and over

Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 142267(1) 142456 142434 142751 142388 142591 142278 142514 142518 142622 142962 143248
2001 143800 143701 143924 143569 143318 143357 143654 143284 143989 144086 144240 144305
2002 143883 144653 144481 144725 144938 144808 144803 145009 145552 145314 145041 145066
2003 145937(1) 146100 146022 146474 146500 147056 146485 146445 146530 146716 147000 146729
2004 146842(1) 146709 146944 146850 147065 147460 147692 147564 147415 147793 148162 148059
2005 148029(1) 148364 148391 148926 149261 149238 149432 149779 149954 150001 150065 150030
2006 150214(1) 150641 150813 150881 151069 151354 151377 151716 151662 152041 152406 152732
2007 153144(1) 152983 153051 152435 152670 153041 153054 152749 153414 153183 153835 153918
2008 154063(1) 153653 153908 153769 154303 154313 154469 154641 154570 154876 154639 154655
2009 154210(1) 154538 154133 154509 154747 154716 154502 154307 153827 153784 153878 153111
2010 153484(1) 153694 153954 154622 154091 153616 153691 154086 153975 153635 154125 153650
2011 153263(1) 153214 153376 153543 153479 153346 153288 153760 154131 153961 154128 153995
2012 154381(1) 154671 154749 154545 154866 155083 154948 154763 155160 155554 155338 155628
2013 155763(1) 155312 155005 155394 155536 155749 155599 155605 155687 154673 155265 155182
2014 155352(1) 155483 156028 155369 155684 155707 156007 156130 156040 156417 156494 156332
2015 157053(1) 156663 156626 157017 157616 157014 157008 157165 156745 157188 157502 158080
2016 158371(1) 158705 159079 158891 158700 158899 159150 159582 159810 159768 159629 159779
2017 159693(1) 159854 160036 160169 159910 160124 160383 160706 161190 160436 160626 160636
2018 161123(1) 161900 161646 161551 161667 162129 162209 161802 162055 162694 162821 163240
2019 163229(1) 163184 162960 162470 162646 162981 163351 163922 164039 164364
1 : Data affected by changes in population controls.

Labor Force Participation Rate

63.3%

Series Id:           LNS11300000
Seasonally Adjusted
Series title:        (Seas) Labor Force Participation Rate
Labor force status:  Civilian labor force participation rate
Type of data:        Percent or rate
Age:                 16 years and over

Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 67.3 67.3 67.3 67.3 67.1 67.1 66.9 66.9 66.9 66.8 66.9 67.0
2001 67.2 67.1 67.2 66.9 66.7 66.7 66.8 66.5 66.8 66.7 66.7 66.7
2002 66.5 66.8 66.6 66.7 66.7 66.6 66.5 66.6 66.7 66.6 66.4 66.3
2003 66.4 66.4 66.3 66.4 66.4 66.5 66.2 66.1 66.1 66.1 66.1 65.9
2004 66.1 66.0 66.0 65.9 66.0 66.1 66.1 66.0 65.8 65.9 66.0 65.9
2005 65.8 65.9 65.9 66.1 66.1 66.1 66.1 66.2 66.1 66.1 66.0 66.0
2006 66.0 66.1 66.2 66.1 66.1 66.2 66.1 66.2 66.1 66.2 66.3 66.4
2007 66.4 66.3 66.2 65.9 66.0 66.0 66.0 65.8 66.0 65.8 66.0 66.0
2008 66.2 66.0 66.1 65.9 66.1 66.1 66.1 66.1 66.0 66.0 65.9 65.8
2009 65.7 65.8 65.6 65.7 65.7 65.7 65.5 65.4 65.1 65.0 65.0 64.6
2010 64.8 64.9 64.9 65.2 64.9 64.6 64.6 64.7 64.6 64.4 64.6 64.3
2011 64.2 64.1 64.2 64.2 64.1 64.0 64.0 64.1 64.2 64.1 64.1 64.0
2012 63.7 63.8 63.8 63.7 63.7 63.8 63.7 63.5 63.6 63.8 63.6 63.7
2013 63.7 63.4 63.3 63.4 63.4 63.4 63.3 63.3 63.2 62.8 63.0 62.9
2014 62.9 62.9 63.1 62.8 62.9 62.8 62.9 62.9 62.8 62.9 62.9 62.8
2015 62.9 62.7 62.6 62.7 62.9 62.6 62.6 62.6 62.4 62.5 62.6 62.7
2016 62.7 62.8 62.9 62.8 62.7 62.7 62.8 62.9 62.9 62.8 62.7 62.7
2017 62.9 62.9 62.9 62.9 62.8 62.8 62.9 62.9 63.1 62.7 62.8 62.7
2018 62.7 63.0 62.9 62.8 62.8 62.9 62.9 62.7 62.7 62.9 62.9 63.1
2019 63.2 63.2 63.0 62.8 62.8 62.9 63.0 63.2 63.2 63.3

 Employment Level

158,510,000

Series Id:           LNS12000000
Seasonally Adjusted
Series title:        (Seas) Employment Level
Labor force status:  Employed
Type of data:        Number in thousands
Age:                 16 years and over

Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 136559(1) 136598 136701 137270 136630 136940 136531 136662 136893 137088 137322 137614
2001 137778 137612 137783 137299 137092 136873 137071 136241 136846 136392 136238 136047
2002 135701 136438 136177 136126 136539 136415 136413 136705 137302 137008 136521 136426
2003 137417(1) 137482 137434 137633 137544 137790 137474 137549 137609 137984 138424 138411
2004 138472(1) 138542 138453 138680 138852 139174 139556 139573 139487 139732 140231 140125
2005 140245(1) 140385 140654 141254 141609 141714 142026 142434 142401 142548 142499 142752
2006 143150(1) 143457 143741 143761 144089 144353 144202 144625 144815 145314 145534 145970
2007 146028(1) 146057 146320 145586 145903 146063 145905 145682 146244 145946 146595 146273
2008 146378(1) 146156 146086 146132 145908 145737 145532 145203 145076 144802 144100 143369
2009 142152(1) 141640 140707 140656 140248 140009 139901 139492 138818 138432 138659 138013
2010 138438(1) 138581 138751 139297 139241 139141 139179 139438 139396 139119 139044 139301
2011 139250(1) 139394 139639 139586 139624 139384 139524 139942 140183 140368 140826 140902
2012 141584(1) 141858 142036 141899 142206 142391 142292 142291 143044 143431 143333 143330
2013 143292(1) 143362 143316 143635 143882 143999 144264 144326 144418 143537 144479 144778
2014 145150(1) 145134 145648 145667 145825 146247 146399 146530 146778 147427 147404 147615
2015 148150(1) 148053 148122 148491 148802 148765 148815 149175 148853 149270 149506 150164
2016 150622(1) 150934 151146 150963 151074 151104 151450 151766 151877 151949 152150 152276
2017 152128(1) 152417 152958 153150 152920 153176 153456 153591 154399 153847 153945 154065
2018 154482(1) 155213 155160 155216 155539 155592 155964 155604 156069 156582 156803 156945
2019 156694(1) 156949 156748 156645 156758 157005 157288 157878 158269 158510
1 : Data affected by changes in population controls.

Unemployment Level

5,855,000

 

Series Id:           LNS13000000
Seasonally Adjusted
Series title:        (Seas) Unemployment Level
Labor force status:  Unemployed
Type of data:        Number in thousands
Age:                 16 years and over

Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 5708 5858 5733 5481 5758 5651 5747 5853 5625 5534 5639 5634
2001 6023 6089 6141 6271 6226 6484 6583 7042 7142 7694 8003 8258
2002 8182 8215 8304 8599 8399 8393 8390 8304 8251 8307 8520 8640
2003 8520 8618 8588 8842 8957 9266 9011 8896 8921 8732 8576 8317
2004 8370 8167 8491 8170 8212 8286 8136 7990 7927 8061 7932 7934
2005 7784 7980 7737 7672 7651 7524 7406 7345 7553 7453 7566 7279
2006 7064 7184 7072 7120 6980 7001 7175 7091 6847 6727 6872 6762
2007 7116 6927 6731 6850 6766 6979 7149 7067 7170 7237 7240 7645
2008 7685 7497 7822 7637 8395 8575 8937 9438 9494 10074 10538 11286
2009 12058 12898 13426 13853 14499 14707 14601 14814 15009 15352 15219 15098
2010 15046 15113 15202 15325 14849 14474 14512 14648 14579 14516 15081 14348
2011 14013 13820 13737 13957 13855 13962 13763 13818 13948 13594 13302 13093
2012 12797 12813 12713 12646 12660 12692 12656 12471 12115 12124 12005 12298
2013 12471 11950 11689 11760 11654 11751 11335 11279 11270 11136 10787 10404
2014 10202 10349 10380 9702 9859 9460 9608 9599 9262 8990 9090 8717
2015 8903 8610 8504 8526 8814 8249 8194 7990 7892 7918 7995 7916
2016 7749 7771 7932 7928 7626 7795 7700 7817 7933 7819 7480 7503
2017 7565 7437 7078 7019 6991 6948 6927 7115 6791 6588 6682 6572
2018 6641 6687 6486 6335 6128 6537 6245 6197 5986 6112 6018 6294
2019 6535 6235 6211 5824 5888 5975 6063 6044 5769 5855

Unemployment Rate

3.6%

 

Series Id:           LNS14000000
Seasonally Adjusted
Series title:        (Seas) Unemployment Rate
Labor force status:  Unemployment rate
Type of data:        Percent or rate
Age:                 16 years and over
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 4.0 4.1 4.0 3.8 4.0 4.0 4.0 4.1 3.9 3.9 3.9 3.9
2001 4.2 4.2 4.3 4.4 4.3 4.5 4.6 4.9 5.0 5.3 5.5 5.7
2002 5.7 5.7 5.7 5.9 5.8 5.8 5.8 5.7 5.7 5.7 5.9 6.0
2003 5.8 5.9 5.9 6.0 6.1 6.3 6.2 6.1 6.1 6.0 5.8 5.7
2004 5.7 5.6 5.8 5.6 5.6 5.6 5.5 5.4 5.4 5.5 5.4 5.4
2005 5.3 5.4 5.2 5.2 5.1 5.0 5.0 4.9 5.0 5.0 5.0 4.9
2006 4.7 4.8 4.7 4.7 4.6 4.6 4.7 4.7 4.5 4.4 4.5 4.4
2007 4.6 4.5 4.4 4.5 4.4 4.6 4.7 4.6 4.7 4.7 4.7 5.0
2008 5.0 4.9 5.1 5.0 5.4 5.6 5.8 6.1 6.1 6.5 6.8 7.3
2009 7.8 8.3 8.7 9.0 9.4 9.5 9.5 9.6 9.8 10.0 9.9 9.9
2010 9.8 9.8 9.9 9.9 9.6 9.4 9.4 9.5 9.5 9.4 9.8 9.3
2011 9.1 9.0 9.0 9.1 9.0 9.1 9.0 9.0 9.0 8.8 8.6 8.5
2012 8.3 8.3 8.2 8.2 8.2 8.2 8.2 8.1 7.8 7.8 7.7 7.9
2013 8.0 7.7 7.5 7.6 7.5 7.5 7.3 7.2 7.2 7.2 6.9 6.7
2014 6.6 6.7 6.7 6.2 6.3 6.1 6.2 6.1 5.9 5.7 5.8 5.6
2015 5.7 5.5 5.4 5.4 5.6 5.3 5.2 5.1 5.0 5.0 5.1 5.0
2016 4.9 4.9 5.0 5.0 4.8 4.9 4.8 4.9 5.0 4.9 4.7 4.7
2017 4.7 4.7 4.4 4.4 4.4 4.3 4.3 4.4 4.2 4.1 4.2 4.1
2018 4.1 4.1 4.0 3.9 3.8 4.0 3.9 3.8 3.7 3.8 3.7 3.9
2019 4.0 3.8 3.8 3.6 3.6 3.7 3.7 3.7 3.5 3.6

Not in Labor Force

95,481,000

 

Series Id:           LNS15000000
Seasonally Adjusted
Series title:        (Seas) Not in Labor Force
Labor force status:  Not in labor force
Type of data:        Number in thousands
Age:                 16 years and over

Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 69142 69120 69338 69267 69853 69876 70398 70401 70645 70782 70579 70488
2001 70088 70409 70381 70956 71414 71592 71526 72136 71676 71817 71876 72010
2002 72623 72010 72343 72281 72260 72600 72827 72856 72554 73026 73508 73675
2003 73960 74015 74295 74066 74268 73958 74767 75062 75249 75324 75280 75780
2004 75319 75648 75606 75907 75903 75735 75730 76113 76526 76399 76259 76581
2005 76808 76677 76846 76514 76409 76673 76721 76642 76739 76958 77138 77394
2006 77339 77122 77161 77318 77359 77317 77535 77451 77757 77634 77499 77376
2007 77506 77851 77982 78818 78810 78671 78904 79461 79047 79532 79105 79238
2008 78554 79156 79087 79429 79102 79314 79395 79466 79790 79736 80189 80380
2009 80529 80374 80953 80762 80705 80938 81367 81780 82495 82766 82865 83813
2010 83349 83304 83206 82707 83409 84075 84199 84014 84347 84895 84590 85240
2011 85441 85637 85623 85603 85834 86144 86383 86111 85940 86308 86312 86589
2012 87888 87765 87855 88239 88100 88073 88405 88803 88613 88429 88836 88722
2013 88900 89516 89990 89780 89827 89803 90156 90355 90481 91708 91302 91563
2014 91563 91603 91230 92070 91938 92107 92016 92099 92406 92240 92350 92695
2015 92671 93237 93454 93249 92839 93649 93868 93931 94580 94353 94245 93856
2016 94026 93872 93689 94077 94475 94498 94470 94272 94281 94553 94911 94963
2017 94389 94392 94378 94419 94857 94833 94769 94651 94372 95330 95323 95473
2018 95657 95033 95451 95721 95787 95513 95633 96264 96235 95821 95886 95649
2019 95010 95208 95577 96223 96215 96057 95874 95510 95599 95481

 

U-6 Unemployment Rate

7.0%

 

Series Id:           LNS13327709
Seasonally Adjusted
Series title:        (seas) Total unemployed, plus all marginally attached workers plus total employed part time for economic reasons, as a percent of all civilian labor force plus all marginally attached workers
Labor force status:  Aggregated totals unemployed
Type of data:        Percent or rate
Age:                 16 years and over
Percent/rates:       Unemployed and mrg attached and pt for econ reas as percent of labor force plus marg attached

 

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 7.1 7.2 7.1 6.9 7.1 7.0 7.0 7.1 7.0 6.8 7.1 6.9
2001 7.3 7.4 7.3 7.4 7.5 7.9 7.8 8.1 8.7 9.3 9.4 9.6
2002 9.5 9.5 9.4 9.7 9.5 9.5 9.6 9.6 9.6 9.6 9.7 9.8
2003 10.0 10.2 10.0 10.2 10.1 10.3 10.3 10.1 10.4 10.2 10.0 9.8
2004 9.9 9.7 10.0 9.6 9.6 9.5 9.5 9.4 9.4 9.7 9.4 9.2
2005 9.3 9.3 9.1 8.9 8.9 9.0 8.8 8.9 9.0 8.7 8.7 8.6
2006 8.4 8.4 8.2 8.1 8.2 8.4 8.5 8.4 8.0 8.2 8.1 7.9
2007 8.4 8.2 8.0 8.2 8.2 8.3 8.4 8.4 8.4 8.4 8.4 8.8
2008 9.2 9.0 9.1 9.2 9.7 10.1 10.5 10.8 11.0 11.8 12.6 13.6
2009 14.2 15.2 15.8 15.9 16.5 16.5 16.4 16.7 16.7 17.1 17.1 17.1
2010 16.7 17.0 17.1 17.1 16.6 16.4 16.4 16.5 16.8 16.6 16.9 16.6
2011 16.2 16.0 15.9 16.1 15.8 16.1 15.9 16.1 16.4 15.8 15.5 15.2
2012 15.2 15.0 14.5 14.6 14.7 14.8 14.8 14.6 14.8 14.4 14.4 14.4
2013 14.6 14.4 13.8 14.0 13.8 14.2 13.8 13.6 13.5 13.6 13.1 13.1
2014 12.7 12.6 12.6 12.3 12.2 12.0 12.1 12.0 11.7 11.5 11.4 11.2
2015 11.3 11.0 10.8 10.8 10.9 10.4 10.3 10.2 10.0 9.8 10.0 9.9
2016 9.8 9.7 9.8 9.7 9.9 9.5 9.7 9.6 9.7 9.6 9.4 9.2
2017 9.3 9.1 8.7 8.6 8.5 8.5 8.5 8.6 8.3 8.0 8.0 8.1
2018 8.2 8.2 7.9 7.8 7.7 7.8 7.5 7.4 7.5 7.5 7.6 7.6
2019 8.1 7.3 7.3 7.3 7.1 7.2 7.0 7.2 6.9 7.0

October job creation comes in at 128,000, easily topping estimates even with GM auto strike

POINTS
  • Nonfarm payrolls rose by 128,000 in October, exceeding the estimate of 75,000 from economists surveyed by Dow Jones.
  • There were big revisions of past numbers as well. August’s initial 168,000 payrolls addition was revised up to 219,000, while September’s jumped from 136,000 to 180,000.
  • The unemployment rate ticked slightly higher to 3.6% from 3.5%, still near the lowest in 50 years.
  • The pace of average hourly earnings picked up a bit, rising 0.1% to a year-over-year 3% gain.

Nonfarm payrolls rose by 128,000 in October as the U.S. economy overcame the weight of the GM autoworkers’ strike and created jobs at a pace well above expectations.

Even with a decline of 42,000 in the motor vehicles and parts industry, the pace of new jobs well exceeded the estimate of 75,000 from economists surveyed by Dow Jones. The loss of jobs came due to the General Motors strike that has since been settled. That 42,000 job loss itself was less than the 50,000 or more that many economists had been anticipating.

The unemployment rate ticked higher to 3.6%, in line with estimates, but remains around the lowest in 50 years. A more encompassing measure that includes discouraged workers and those holding part-time positions for economic reasons also edged up to 7%.

The unemployment rate for African Americans nudged down to a record low 5.4%. Also, the total employment level as measured in the household survey jumped to 158.5 million, also a new high.

The pace of average hourly earnings picked up a bit, rising 0.1% to a year-over-year 3% gain, also in line with estimates. The average work week was unchanged at 34.4 hours.

“This report is yet another sign that the economy is still strong right now and adds to a list of indicators that are looking optimistic of late,” said Steve Rick, chief economist at CUNA Mutual Group. “The vigor of this labor market, along with a more positive housing market and solid Q3 GDP, should offer some welcome reassurance.”

Big revisions upward

Along with the better-than-expected performance in October, previous months’ counts were revised considerably higher. August’s initial 168,000 estimate came all the way up to 219,000 while September’s jumped from 136,000 to 180,000.

Together, the new estimates added 95,000 positions for the two-month period, bringing the three-month average to 176,000, which is well above the pace needed to keep the unemployment rate around its current level.

For the year, monthly job creation now averages 167,000 compared with 223,000 in 2018.

The report helps further quell worries that the U.S. economy is teetering toward recession and helps affirm the assessment from most Federal Reserve officials.

Central bank leaders have largely praised the state of the U.S. economy, particularly compared with its global peers. The Fed earlier this week lowered its benchmark interest rate a quarter point, the third such move this year, but Chairman Jerome Powell clearly indicated that this likely will be the last cut for some time unless conditions change significantly.

“The October jobs report is unambiguously positive for the US economic outlook,” said Citigroup economist Andrew Hollenhorst. “Above-consensus hiring in October, together with upward revisions to prior months, is consistent with our view that job growth, while clearly slower in 2019 than in 2018, will maintain a pace of 130-150K per month. Wage growth remaining at 3.0% should further support incomes and consumption-led growth.”

VIDEO02:25
How the unemployment rate is calculated

Hottest sectors

At the industry level, the biggest job creation came in food services and drinking establishments, which added 48,000.While those positions are generally associated with lower wages, they also can reflect consumer demand and the willingness to spend discretionary money. The industry has seen a surge in job creation as of late, with the past three months averaging 38,000 compared with 16,000 in the first seven months of this year.

Professional and business services added 22,000 and health care rose 15,000, part of a gain of 402,000 for that industry over the past year.

Social assistance increased by 20,000 while financial activities rose by 16,000, bringing to 108,000 the total Wall Street jobs added over the past year.

Job losses came in manufacturing (-36,000) as part of the GM strike, and the federal government, which subtracted 17,000 because 20,000 workers hired for Census duties finished their work.

The total employment level in the household survey reached another record high, swelling by 241,000 to 158.5 million.

The labor force expanded by 325,000 to 164.4 million and the labor force participation rate edged higher to 63.3%. Those counted as not in the labor force declined by 118,000 to nearly 95.5 million.

After previously sitting at a record low, the unemployment rate for Asians jumped 0.4 percentage points to 2.9%.

https://www.cnbc.com/2019/11/01/jobs-report-october-2019.html

private-sector production and nonsupervisory employees rose by 4 cents to $23.70.
(See tables B-3 and B-8.)

The average workweek for all employees on private nonfarm payrolls was unchanged
at 34.4 hours in October. In manufacturing, the average workweek decreased by
0.2 hour to 40.3 hours, while overtime was unchanged at 3.2 hours. The average
workweek of private-sector production and nonsupervisory employees held at 33.6
hours. (See tables B-2 and B-7.)

The change in total nonfarm payroll employment for August was revised up by 51,000
from +168,000 to +219,000, and the change for September was revised up by 44,000
from +136,000 to +180,000. With these revisions, employment gains in August and
September combined were 95,000 more than previously reported. (Monthly revisions
result from additional reports received from businesses and government agencies
since the last published estimates and from the recalculation of seasonal factors.)
After revisions, job gains have averaged 176,000 over the last 3 months.

_____________
The Employment Situation for November is scheduled to be released on
Friday, December 6, 2019, at 8:30 a.m. (EST).



https://www.bls.gov/news.release/empsit.nr0.htm

Employment Situation Summary Table A. Household data, seasonally adjusted

HOUSEHOLD DATA
Summary table A. Household data, seasonally adjusted
[Numbers in thousands]
Category Oct.
2018
Aug.
2019
Sept.
2019
Oct.
2019
Change from:
Sept.
2019-
Oct.
2019

Employment status

Civilian noninstitutional population

258,514 259,432 259,638 259,845 207

Civilian labor force

162,694 163,922 164,039 164,364 325

Participation rate

62.9 63.2 63.2 63.3 0.1

Employed

156,582 157,878 158,269 158,510 241

Employment-population ratio

60.6 60.9 61.0 61.0 0.0

Unemployed

6,112 6,044 5,769 5,855 86

Unemployment rate

3.8 3.7 3.5 3.6 0.1

Not in labor force

95,821 95,510 95,599 95,481 -118

Unemployment rates

Total, 16 years and over

3.8 3.7 3.5 3.6 0.1

Adult men (20 years and over)

3.5 3.4 3.2 3.2 0.0

Adult women (20 years and over)

3.4 3.3 3.1 3.2 0.1

Teenagers (16 to 19 years)

12.0 12.6 12.5 12.3 -0.2

White

3.3 3.4 3.2 3.2 0.0

Black or African American

6.2 5.5 5.5 5.4 -0.1

Asian

3.1 2.8 2.5 2.9 0.4

Hispanic or Latino ethnicity

4.4 4.2 3.9 4.1 0.2

Total, 25 years and over

3.1 2.9 2.8 2.9 0.1

Less than a high school diploma

5.9 5.4 4.8 5.6 0.8

High school graduates, no college

4.0 3.6 3.6 3.7 0.1

Some college or associate degree

3.0 3.1 2.9 2.9 0.0

Bachelor’s degree and higher

2.0 2.1 2.0 2.1 0.1

Reason for unemployment

Job losers and persons who completed temporary jobs

2,858 2,876 2,572 2,674 102

Job leavers

731 781 840 849 9

Reentrants

1,914 1,801 1,669 1,703 34

New entrants

605 574 677 627 -50

Duration of unemployment

Less than 5 weeks

2,062 2,207 1,868 1,968 100

5 to 14 weeks

1,845 1,757 1,781 1,749 -32

15 to 26 weeks

859 835 819 899 80

27 weeks and over

1,370 1,243 1,314 1,264 -50

Employed persons at work part time

Part time for economic reasons

4,630 4,381 4,350 4,438 88

Slack work or business conditions

2,837 2,678 2,588 2,754 166

Could only find part-time work

1,461 1,351 1,322 1,287 -35

Part time for noneconomic reasons

21,448 21,697 21,573 21,549 -24

Persons not in the labor force (not seasonally adjusted)

Marginally attached to the labor force

1,491 1,564 1,299 1,229

Discouraged workers

506 467 321 341

– Over-the-month changes are not displayed for not seasonally adjusted data.
NOTE: Persons whose ethnicity is identified as Hispanic or Latino may be of any race. Detail for the seasonally adjusted data shown in this table will not necessarily add to totals because of the independent seasonal adjustment of the various series. Updated population controls are introduced annually with the release of January data.

 

https://www.bls.gov/news.release/empsit.a.htmEmployment Situation Summary Table B. Establishment data, seasonally adjusted

ESTABLISHMENT DATA
Summary table B. Establishment data, seasonally adjusted
Category Oct.
2018
Aug.
2019
Sept.
2019(P)
Oct.
2019(P)

EMPLOYMENT BY SELECTED INDUSTRY
(Over-the-month change, in thousands)

Total nonfarm

277 219 180 128

Total private

285 163 167 131

Goods-producing

60 4 7 -26

Mining and logging

6 -5 1 0

Construction

25 7 11 10

Manufacturing

29 2 -5 -36

Durable goods(1)

19 -2 -6 -41

Motor vehicles and parts

7.1 -2.6 -3.5 -41.6

Nondurable goods

10 4 1 5

Private service-providing

225 159 160 157

Wholesale trade

6.7 2.4 7.1 10.8

Retail trade

-9.9 -1.3 6.7 6.1

Transportation and warehousing

24.3 -7.6 6.3 9.9

Utilities

1.4 -0.9 -1.3 -1.4

Information

10 -4 4 -4

Financial activities

14 17 8 16

Professional and business services(1)

55 38 37 22

Temporary help services

14.3 9.5 20.1 -8.1

Education and health services(1)

37 63 49 39

Health care and social assistance

46.7 54.8 44.8 34.2

Leisure and hospitality

79 48 45 61

Other services

7 5 -2 -3

Government

-8 56 13 -3

(3-month average change, in thousands)

Total nonfarm

222 188 188 176

Total private

213 149 151 154

WOMEN AND PRODUCTION AND NONSUPERVISORY EMPLOYEES
AS A PERCENT OF ALL EMPLOYEES(2)

Total nonfarm women employees

49.7 49.9 49.9 49.9

Total private women employees

48.3 48.5 48.6 48.6

Total private production and nonsupervisory employees

82.4 82.3 82.3 82.2

HOURS AND EARNINGS
ALL EMPLOYEES

Total private

Average weekly hours

34.5 34.4 34.4 34.4

Average hourly earnings

$27.35 $28.11 $28.12 $28.18

Average weekly earnings

$943.58 $966.98 $967.33 $969.39

Index of aggregate weekly hours (2007=100)(3)

110.3 111.4 111.5 111.6

Over-the-month percent change

0.3 0.5 0.1 0.1

Index of aggregate weekly payrolls (2007=100)(4)

144.2 149.7 149.9 150.4

Over-the-month percent change

0.4 0.9 0.1 0.3

DIFFUSION INDEX
(Over 1-month span)(5)

Total private (258 industries)

67.4 55.8 55.4 55.4

Manufacturing (76 industries)

59.9 48.7 40.8 43.4

Footnotes
(1) Includes other industries, not shown separately.
(2) Data relate to production employees in mining and logging and manufacturing, construction employees in construction, and nonsupervisory employees in the service-providing industries.
(3) The indexes of aggregate weekly hours are calculated by dividing the current month’s estimates of aggregate hours by the corresponding annual average aggregate hours.
(4) The indexes of aggregate weekly payrolls are calculated by dividing the current month’s estimates of aggregate weekly payrolls by the corresponding annual average aggregate weekly payrolls.
(5) Figures are the percent of industries with employment increasing plus one-half of the industries with unchanged employment, where 50 percent indicates an equal balance between industries with increasing and decreasing employment.
(P) Preliminary

NOTE: Data have been revised to reflect March 2018 benchmark levels and updated seasonal adjustment factors.

https://www.bls.gov/news.release/empsit.b.htm

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Keiser Report: What is the Fed hiding? (E1457)

In this episode of the Keiser Report, Max and Stacy discuss the fact that the massive daily NY Fed interventions in the repo market are getting worse and worse. What was meant to be small and temporary seems now to be huge and permanent. Investors are asking, “What is the Fed hiding?” They also look at the 23% decline in the U.S. Monetary Base since 2016 and ask whether or not it signifies anything. In the second half, Max talks to David Morgan of The Morgan Report about what he sees in the turmoil in the repo markets. They also discuss China’s gold purchases and whether or not he agrees with Alasdair MacLeod’s belief that China could announce they have more than 10,000 tons of gold.

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Opinion: The Federal Reserve is in stealth intervention mode

Published: Oct 26, 2019 4:23 p.m. ET

What the central bank passes off as ‘funding issues’ could more accurately be described as liquidity injections to keep interest rates low

Getty Images
Federal Reserve Chairman Jerome Powell

By SVENHENRICH

The Federal Reserve has gone into full intervention mode.

Actually, accelerated intervention mode. Not just a “mid-cycle adjustment,” as Fed Chairman Jerome Powell said in July, but interventions to the tune of tens of billions of dollars every day.

What’s the crisis, you ask? After all, we live in an age of trillion-dollar market-cap companies and unemployment at 50-year lows. Yet the Fed is acting like the doomsday clock has melted as a result of a nuclear attack.

Think I’m in hyperbole mode? Far from it.

Unless you think the biggest repurchase (repo) efforts ever — surpassing the 2008 financial-crisis actions — are hyperbole:

Something’s off. See, it all started as a temporary fix in September when, suddenly, the overnight target rate jumped sky high and the Fed had to intervene to keep the wheels from coming off. Short-term liquidity issues, the Fed said. Those have become rather permanent:

And liquidity injections are massive and accelerating. On Tuesday, the Fed injected $99.9 billion in temporary liquidity into the financial system and $7.5 billion in permanent reserves as part of a program to buy $60 billion a month in Treasury bills. The $99.9 billion comes from $64.9 billion in overnight repurchase agreements and $35 billion in repo operations.

But market demand for overnight repo operations has far exceeded even the $75 billion the Fed has allocated, suggesting a lot more liquidity demand. Hence, on Wednesday the Fed suddenly announced a $45 billion increase on top of the $75 billion repo facility for a daily total of $120 billion. Here’s the Federal Reserve Bank of New York, the branch involved in such actions:

“Consistent with the most recent FOMC [Federal Open Market Committee] directive, to ensure that the supply of reserves remains ample even during periods of sharp increases in non-reserve liabilities, and to mitigate the risk of money market pressures that could adversely affect policy implementation, the amount offered in overnight repo operations will increase to at least $120 billion starting Thursday, Oct. 24, 2019.”

And, consequently, on Oct. 24 the Fed injected $134 billion in temporary liquidity.

These actions are surprising. What stable financial system requires over $100 billion in overnight liquidity injections? The Fed did not see the need for these actions coming. It is reacting to a market that suddenly requires it.

Funding issues,” Chairman Powell called it in October. The Fed was totally caught off guard when the overnight financing rate suddenly jumped to over 5%, and it’s been reacting ever since.

What started as a slow walk in policy reversion from last year’s rate-hike cycle and balance-sheet roll-off (aka quantitative tightening, or QT) on autopilot has now turned into ongoing interest-rate cuts and balance-sheet expansion:

To be clear: This is not a temporary rise in the balance sheet; this is the beginning of something big. The Fed’s balance sheet looks like it will expand to record highs once again.

I keep questioning the efficacy of all this, and I have to question the honesty of the Fed. After all, the central bank keeps chasing events, and its policy actions are turning ever more aggressive while it insists that everything is fine. The bank’s actions are saying things are not fine. Far from it. Otherwise, the Fed wouldn’t be forced into all these policy actions. But would the Fed cop to things not being fine? To do so would be to sap confidence — can’t have that.

What would markets look like without these policy interventions? One can only wonder. For one, we know the overnight financing rate would be much higher. That is, after all, why the Fed is forced to intervene: To keep the target rate low.

Many analysts now suggest there will be a year-end stock market rally, primarily driven by the Fed as earnings growth remains weak. If they print, you must buy.

It may well be that our financial markets have permanently devolved into a Fed-subsidized, wealth-inequality-generating machine benefitting the few that own stocks. But one has to wonder why the rate cutting and liquidity injections haven’t been able to produce sustained market highs.

Consider the evolution of the Fed’s “put” in 2019:

First came the hints in January. “Flexible on the balance sheet,” Powell suddenly was uttering following the fourth-quarter 2018 stock market massacre, producing a 3.5% rally in one day on that pronouncement. Then we got treated to a multi-month jawboning of Fed speakers increasingly sending dovish messages, and markets gladly jumping from Fed speech to Fed speech. Powell again rescued the market in early June after May’s market rout. “Ready to act” was the rallying cry then — and the market rallied dutifully into the July rate cut.

But then the dynamics changed. Rate cut No. 1 in July was sold. Rate cut No. 2 in September was sold. Then came the repo operations, also in September. And now, in October, the Fed launched the $60 billion-a-month Treasury-bill-buying program.

Did you note the accelerated pace of Fed actions here? The Fed went from pausing rate increases to ending the balance sheet roll-off to multiple rate cuts and, finally, aggressive daily repos and balance-sheet expansion. All of this since July. And guess what? Another rate cut is coming next week.

Why? Because markets want it. And what markets want, markets shall receive. That’s the only data point that matters, it appears.

And markets really want that third rate cut next week:

There’s a 94.6% probability of a rate cut. Think that a Fed that is intervening in markets daily by the tens of billions of dollars will chance to disappoint markets by not cutting rates? Please.

Investors have been chasing the Fed into corporate multiple expansion all year. But now that the Fed is forced to intervene ever more aggressively, it has to prove something: Efficacy.

Are we seeing an improvement in growth? No. Are we seeing an improvement in earnings? No. From the looks of it, the Fed is barely keeping it together and is forced to do ever more to prevent markets from falling as the principal bull rationale for buying stocks is the Fed.

And so one has to ponder a larger question:

But, to be fair, so far the Fed has succeeded in compressing volatility as price discovery has degraded to overnight action over any intraday price discovery. Markets are back to tight intra-ranges void of any actions and elevating indices near record highs.

Whether the Fed can prompt a move to sustained new highs remains to be seen. All eyes will be on the Fed next week to see whether policy makers can achieve it.

If they can, investors can look for another run at the upper trend line on the S&P 500 SPX, -0.12%  chart:

If they can’t, things may turn out quite differently, such as this speculative scenario:

You don’t think the Fed is all about markets? Where have you been? After all, the Fed’s stated policy objective now is to extend the business cycle by any means necessary. And policy makers can’t do that with falling stock prices.

And so they are in accelerated daily intervention mode. Because that is what it takes. The questions that investors have to ask themselves is: What if it’s not enough? And what is it policy makers aren’t telling us? Why are they are forced into these historic, unexpected measures? What happens if they lose control? We may know more next week.

Sven Henrich is founder and the lead market strategist of NorthmanTrader.com. Follow him on Twitter at @NorthmanTrader.

https://www.marketwatch.com/story/the-federal-reserve-is-in-stealth-intervention-mode-2019-10-25

 

PERATING POLICY
Statement Regarding Repurchase and Reverse Repurchase Agreements Small Value Exercise
November 4, 2019

The New York Fed undertakes certain small value open market transactions from time to time for the purpose of testing operational readiness to implement existing and potential policy directives from the Federal Open Market Committee (FOMC). The FOMC authorizes the New York Fed’s Open Market Trading Desk (the Desk) to conduct these exercises to test its operational readiness in the Authorization for Domestic Open Market Operations and Authorization for Foreign Currency Operations.

In connection with these authorizations, the Desk intends to conduct one small value forward-settling repo and one small value reverse repo operation during the month of November. Each operation will begin around 9:45 AM ET and end at 10:00 AM ET. The operations will be open to Primary Dealers and/or Reverse Repo Counterparties.  All counterparties will be limited to one $1 million proposition per tranche during each operation. The planned schedule, including operation details, follows below:

Repurchase Agreement Operation:

OPERATION TENOR/TYPE ELIGIBLE COUNTERPARTIES OPERATION DATE SETTLEMENT DATE MATURITY DATE COLLATERAL TYPE MAXIMUM VALUE OF OPERATION
Term Repo Primary Dealers Tues, Nov 5, 2019 Wed, Nov 6, 2019 Fri, Nov 8, 2019 Multi-tranche: Treasury, Agency, Agency MBS $75 million

Reverse Repurchase Agreement Operation:

OPERATION TENOR/TYPE ELIGIBLE COUNTERPARTIES OPERATION DATE SETTLEMENT DATE MATURITY DATE COLLATERAL TYPE OFFERING RATE MAXIMUM VALUE OF OPERATION
Term Reverse Repo Primary Dealers and Reverse Repo Counterparties Tues, Nov 19, 2019 Tues, Nov 19, 2019 Thu, Nov 21, 2019 Single-tranche: Agency MBS -only ON RRP Offering Rate on Nov 19 $175 million

Announcements and results will be posted on the New York Fed’s website at the start and following the completion of each operation.

 

Monetary Base

 

What is Monetary Base

A monetary base is the total amount of a currency that is either in general circulation in the hands of the public or in the commercial bank deposits held in the central bank’s reserves. This measure of the money supply typically only includes the most liquid currencies; it is also known as the “money base.”

 

Breaking Down Monetary Base

The monetary base is a component of a nation’s money supply. It refers strictly to highly liquid funds including notes, coinage and current bank deposits. When the Federal Reserve creates new funds to purchase bonds from commercial banks, the banks see an increase in their holdings, which causes the monetary base to expand.

For example, country Z has 600 million currency units circulating in the public and its central bank has 10 billion currency units in reserve as part of deposits from many commercial banks. In this case, the monetary base for country Z is 10.6 billion currency units.

As of June 2016, the U.S. had a monetary base of almost $3.9 trillion.

 

Monetary Base and the Money Supply

The money supply expands beyond the monetary base to include other assets that may be less liquid in form. It is most commonly divided into levels, listed as M0 through M3 or M4 depending on the system, with each representing a different facet of a nation’s assets. The monetary base’s funds are generally held within the lower levels of the money supply, such as M1 or M2, which encompasses cash in circulation and specific liquid assets including, but not limited to, savings and checking accounts.

To qualify, the funds must be considered a final settlement of a transaction. For example, if a person uses cash to pay a debt, that transaction is final. Additionally, writing a check against money in a checking account, or using a debit card, can also be considered final since the transaction is backed by actual cash deposits once they have cleared.
In contrast, the use of credit to pay a debt does not qualify as part of the monetary base, as this is not the final step to the transaction. This is due to the fact the use of credit just transfers a debt owed from one party, the person or business receiving the credit-based payment and the credit issuer.

Managing Monetary Bases

Most monetary bases are controlled by one national institution, usually a country’s central bank. They can usually change the monetary base (either expanding or contracting) through open market operations or monetary policies.

For many countries, the government can maintain a measure of control over the monetary base by buying and selling government bonds in the open market.

Smaller Scale Monetary Bases and Money Supplies

At the household level, the monetary base consists of all notes and coins in the possession of the household, as well as any funds in deposit accounts. The money supply of a household may be extended to include any available credit open on credit cards, unused portions of lines of credit and other accessible funds that translate into a debt that must be repaid.

 

 

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The Democratic-controlled House has called for a formal impeachment inquiry against President Donald Trump. The inquiry comes on the heels of a whistleblower complaint about a phone call exchange between Trump and Ukrainian President Volodymyr Zelensky. In response, on September 25th, the White House released a memo it says summarizes the phone call in question.

Read the Trump-Ukraine phone call readout

 

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Ukraine Court Rules Manafort Disclosure Caused ‘Meddling’ in U.S. Election

Paul Manafort, center, arriving for his arraignment hearing at the federal courthouse in Alexandria, Va., in March.
Credit…Al Drago for The New York Times

MOSCOW — A court in Ukraine has ruled that officials in the country violated the law by revealing, during the 2016 presidential election in the United States, details of suspected illegal payments to Paul Manafort.

In 2016, while Mr. Manafort was chairman of the Trump campaign, anti-corruption prosecutors in Ukraine disclosed that a pro-Russian political party had earmarked payments for Mr. Manafort from an illegal slush fund. Mr. Manafort resigned from the campaign a week later.

The court’s ruling that what the prosecutors did was illegal comes as the Ukrainian government, which is deeply reliant on the United States for financial and military aid, has sought to distance itself from matters related to the special counsel’s investigation of Russia’s interference in the 2016 presidential race.

Some of the investigation by the special counsel, Robert S. Mueller III, has dealt with Mr. Manafort’s decade of work in Ukraine advising the country’s Russia-aligned former president, Viktor F. Yanukovych, his party and the oligarchs behind it.

After President Trump’s victory, some politicians in Ukraine criticized the public release by prosecutors of the slush fund records, saying the move would complicate Ukraine’s relations with the Trump administration.

In Ukraine, investigations into the payments marked for Mr. Manafort were halted for a time and never led to indictments. Mr. Manafort’s conviction in the United States on financial fraud charges related to his work in Ukraine was not based on any known legal assistance from Ukraine.

Two Ukrainian members of Parliament had pressed for investigations into whether the prosecutors’ revelation of the payment records, which were first published in The New York Times, had violated Ukrainian laws that, in some cases, prohibit prosecutors from revealing evidence before a trial.

Both lawmakers asserted that if the release of the slush fund information broke the law, then it should be viewed as an illegal effort to influence the United States presidential election in favor of Hillary Clinton by damaging the Trump campaign.

Artem Sytnik, the head of the National Anti-Corruption Bureau of Ukraine, said he had revealed the information about Paul Manafort “in accordance with the law in effect at the time.”
Credit…Oleksandr Stashevskyi/Associated Press

The Kiev District Administrative Court, in a statement issued Wednesday, said that Artem Sytnik, the head of the National Anti-Corruption Bureau of Ukraine, the agency that had released information about the payments, had violated the law. The court’s statement said this violation “resulted in meddling in the electoral process of the United States in 2016 and damaged the national interests of Ukraine.”

 

A spokeswoman for the anti-corruption bureau said she could not comment before the court released a full text of the ruling. In an interview last June, Mr. Sytnik said he had revealed the information “in accordance with the law in effect at the time.”

The court also faulted a member of Ukraine’s Parliament, Serhiy A. Leshchenko, who had commented on Mr. Manafort’s case and publicized at a news conference materials that the anti-corruption bureau had already posted on its website.

Mr. Leshchenko said he would appeal the ruling, and that the court was not independent and was doing the bidding of the Ukrainian government as it sought to curry favor with the Trump administration.

“This decision of the court is for Poroshenko to find a way to Trump’s heart,” he said, referring to President Petro O. Poroshenko. “At the next meeting with Trump, he will say, ‘You know, an independent Ukrainian court decided investigators made an inappropriate move.’ He will find the loyalty of the Trump administration.”

Mr. Leshchenko said the prosecutors’ revelations about Mr. Manafort were legal because they were “public interest information,” even if they were also potential evidence in a criminal investigation.

Mr. Manafort has not been charged with a crime in Ukraine, and earlier this year, Ukrainian officials froze several investigations into Mr. Manafort’s payments at a time when the government was negotiating with the Trump administration to purchase sophisticated anti-tank missiles, called Javelins.

Ukraine’s prosecutor general said the delay on Mr. Manafort’s cases was unrelated to the missile negotiations. In total, the United States provides about $600 million in bilateral aid to Ukraine annually.

Earlier this month, the special counsel accused Mr. Manafort of violating a cooperation agreement by lying. Two of the five alleged lies, according to the filing, related to meetings or conversations with Konstantin V. Kilimnik, Mr. Manafort’s former office manager in Kiev, whom the special counsel’s office has identified as tied to Russian intelligence and as a key figure in the investigation into possible coordination between the Trump campaign and Russia.

Ukrainian law enforcement officials last year allowed Mr. Kilimnik to leave for Russia, putting him out of reach for questioning.

Let’s get real: Democrats were first to enlist Ukraine in US elections

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The Pronk Pops Show 1349, October 31, 2019, Story 1: Democrat Party Cover-up of Spy-gate — Clinton Obama Democrat Criminal Conspiracy — Continues With Passage of House Rule Resolution For Behind Closed Door Kangaroo Court — Videos — Story 2: Big Lie Media Spinning and Lying About Tim Morrison Testimony About Trump Phone Call With Ukraine — Nothing Illegal Was Discussed and No Quid Pro Quo — Videos — Story 3: Long Term China Trade Deal Not Likely Any Time Soon With Chinese Communist Party — Short Term Deal Only — Maximum Pressure Required — Trust But Verify — Enforcement of Any Agreement Is Essential and Chinese Will Never Comply With Any Enforcement Language — Escalating Trade War Between United States and Chinese Communist Party  Leading to Total Embargo of Trade With Communist China — U.S./Communist Trade Agreement: All Talk and More Talk But No Long Term Enforceable Trade Deal — Time To Walk Out — Videos

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Stealth War: How China Took Over While America's Elite SleptSee the source imageSee the source imageSee the source imageSee the source image

See the source imageSee the source imageSee the source imageSee the source imageSee the source imageSee the source image

Story 1: Democrat Party Cover-up of Spy-gate — Clinton Obama Democrat Criminal Conspiracy — Continues With Passage of House Rule Resolution For Behind Closed Door Kangaroo Court — Videos —

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]

Nancy Pelosi sets up ultra-partisan televised impeachment probe by jamming new rules through House without Republican backing – and two of her own side vote AGAINST new stage in investigating Donald Trump

  • House Democrats approved an impeachment inquiry into the president in a vote almost entirely along party lines
  • ‘What is at stake is our democracy. What are we fighting for? Defending our democracy for the people,’ Speaker Pelosi said 
  • The vote was 232 in favor with 196 voting no; two Democrats rebelled and voted with Republicans
  • ‘The Greatest Witch Hunt In American History!,’ Trump tweeted afterward
  • Trump spent morning tweeting and retweeting words from his supporters
  • He called on Republicans to stand together and back him
  • The resolution outlines how the impeachment investigation will proceed and what rights the president will have during it
  • Republicans complained about the lack of ‘due process’ for Trump and charged Democrats with trying to overturn the 2016 election 
  • White House counselor Kellyanne Conway said the administration is considering bringing aboard additional staff to combat the impeachment inquiry
  • The vote comes as Tim Morrison, who was Trump’s top adviser for Russian and European affairs, testifies behind closed doors in the impeachment inquiry

A divided House of Representatives voted on Thursday to begin the next stage of the impeachment inquiry into President Donald Trump, taking the investigation from behind closed doors to Americans’ television screens with a series of public hearings.

Republican and Democratic lawmakers took to the House floor to engage in a bitter debate over the impeachment process before voting almost entirely along along party lines on the resolution.

Thursday’s vote was 232 in favor with 196 lawmakers voting no. There were two Democratic defections – Congressmen Jeff Van Drew of New Jersey and Collin Peterson of Minnesota.

Both hold swing districts that Trump carried in the 2016 election. Trump carried Peterson’s district by over 30 points. Republicans had hoped more Democrats in vulnerable seats would vote against.

Rep. Justin Amash, a Republican who became an Independent, voted in favor of the resolution.

Nancy Pelosi was left with no fig leaf of bipartisanship when no Republican backed her case; the Republicans got two Democrats voting with them but not the up to a dozen they had hoped would rebel against the Speaker.

Steve Scalise, the Republican whip boasted afterwards about keeping his side united.

The contentious debate is likely a preview of the public hearings to come.

Democrats focused on their constitutional duty; they talked about following the law and protecting national security interests.

Republicans railed against the process, echoing a White House argument there is no due process for the president and no Republican in-put into the proceedings, and accused their colleagues across the aisle of trying to overturn the 2016 election.

The Greatest Witch Hunt In American History!,’ Trump tweeted after the vote was finished, using his favorite phrase to describe any investigation into him.

Speaker Nancy Pelosi gavels the vote on the impeachment resolution to a close

Speaker Nancy Pelosi presided over the vote and gaveled it to a close, announcing the final total.

She kept her words on the matter short: ‘On this vote the yeas are 232, the nays are 196. The resolution is adopted without objection.’

Four lawmakers did not vote. Three Republicans – Jody Hice of Georgia, John Rose of Tennessee, and William Timmons of South Carolina – and one Democrat: Donald McEachin of Virginia.

Rep. Hice tweeted he missed the vote because his father died but he would have voted no on the resolution if he had been present.

Democrats launched the formal impeachment inquiry in September after a whistleblower revealed concerns that President Trump asked the Ukrainian president to investigate Joe and Hunter Bidens, his political enemies, during a July 25 phone call.

Trump has denied any wrongdoing and called the call ‘perfect.’

The weeks-long inquiry accumulated into Thursday’s five-minute vote. The House chamber was crowded with lawmakers as it took place. They chatted with each other on their respective sides of aisle.

After it was over, Democrats moved on to the next vote on the schedule while Republicans yelled in protest. ‘Order, order,’ they yelled, ‘we have rules.’

But Democrats, who control the chamber, moved on.

White House press secretary Stephanie Grisham, as soon as the vote was over, charged House Democrats with an ‘obsession’ with impeaching the president.

‘The President has done nothing wrong, and the Democrats know it. Nancy Pelosi and the Democrats’ unhinged obsession with this illegitimate impeachment proceeding does not hurt President Trump; it hurts the American people,’ she said in a statement.

President Trump spent the morning before the House votes on an impeachment resolution into him tweeting and retweeting words from his supporters

President Trump spent the morning before the House votes on an impeachment resolution into him tweeting and retweeting words from his supporters

Trump spent Thursday morning tweeting and retweeting words from his supporters, calling on Republicans to stand by him in the upcoming vote.

‘The Impeachment Hoax is hurting our Stock Market. The Do Nothing Democrats don’t care!,’ he wrote shortly before the House started voting on the resolution against him.

Earlier he called on Republicans to stand by him during the proceedings.

‘Now is the time for Republicans to stand together and defend the leader of their party against these smears,’ Trump tweeted, quoting conservative talk host Laura Ingraham.

Pelosi, meanwhile, gaveled the House into order on Thursday morning as lawmakers took to the floor to debate the resolution.

Democrats talked about following the law and protecting national security interests. Republicans railed against the process, echoing a White House argument there is no due process for the president and no Republican in-put into the proceedings.

‘It’s not a fair process. It’s not a transparent process. It’s not an open process. But instead it’s limited and a closed process with a pre-ordained outcome,’ argued Republican Rep. Tom Cole said on the House floor Thursday morning.

Rep. Devin Nunes, the ranking Republican on the Intelligence panel, compared Democrats pursuing impeachment to a ‘cult,’ and their inquiry to a ‘show trial.’

‘They have always intended to transform the Intelligence committee into the impeachment committee,’ said Nunes, a California Republican who was himself accused of politicizing the Intelligence panel during the Mueller investigation.

‘Every one of their actions from the staff they hired to the Trump conspiracy theories they investigate … indicates this has been their plan from day one,’ he said on the House floor.

He accused Democrats of harboring a ‘bizarre obsession with overturning the results of the last presidential election.’

What we’re seeing among Democrats on the Intelligence Committees, down in the [secure Capitol facility] right now, is like a cult. These are a group of people loyally following their leader as he bounces from one outlandish conspiracy theory to another. And the media are the cult followers, permanently stationed outside the committee spaces, pretending to take everything seriously, because they too support the goal of removing the president from office,’ Nunes said.

Pelosi, like many of her colleagues, delivered floor remarks in front of a poster of an American flag where lawmakers often place visual aids.

The Speaker, who only occasionally speaks on legislation or procedures on the floor of the House, began her remarks by reading the preamble to the Constitution.

‘What is at stake is our democracy. What are we fighting for? Defending our democracy for the people,’ she said.

‘The genius of the Constitution, a separation of powers. Three coequal branches of government to be a check and balance on each other,’ Pelosi told colleagues.

‘Sadly this is not any cause for any glee or comfort. This is something that is very solemn that is something prayerful.’ Addressing arguments that the House was authorizing something that has already begun, she said: ‘We had to gather so much information to take us to this next step.’

‘I doubt anybody in this place … comes to Congress to take the oath of office … to impeach the president of the United States, unless his actions are jeopardizing our honoring our oath of office,’ said Pelosi, who earlier this month walked out of a meeting with President Trump after it grew heated.

 ‘Let us honor our oath of office. Let us defend our democracy. Let us have a good vote today and have clarity, clarity as to how we proceed,’ she said.

Speaker Nancy Pelosi spoke on the House floor with a poster of a flag+14

Speaker Nancy Pelosi spoke on the House floor with a poster of a flag

Rep. Steve Scalise, the Number Two Republican in the House, called the proceedings 'Soviet-style'

Rep. Steve Scalise, the Number Two Republican in the House, called the proceedings ‘Soviet-style’

‘At the end of the day, this resolution isn’t about Donald Trump. It isn’t about any of us. It’s about our Constitution. It’s about our country. And so I urge my colleagues to not just think about the political pressures of the moment. These will pass. Please consider the heavy responsibility you have today, to this institution, the Constitution, and our country,’ said Rules Committee Chairman Rep. Jim McGovern on the House floor Thursday morning.

”I never wanted our country to reach this point. I do not take any pleasure in the need for this resolution. We are not here in some partisan exercise. We are here because the facts compel us to be here. There is serious evidence that President Trump may have violated the Constitution. This is about protecting our national security and safeguarding our elections,’ he added.

‘I support this resolution because it lays the groundwork for open hearings. The House and the American public must see all of the evidence for themselves,’ said Judiciary Chair Jerry Nadler in his floor speech.

Nadler’s committee will hold some of those public hearings.

‘I support this resolution because I know we must overcome this difficult moment for the Nation. This resolution is necessary to ensure that our constitutional order remains intact for future generations,’ he added. ‘I support this resolution because we simply have no choice.’

House Judiciary Committee Chairman Jerry Nadler spoke in support of the resolution; his committee will hold some of the public hearings

House Republican Leader Kevin McCarthy charged Democrats with trying to overturn the 2016 election+14

House Republican Leader Kevin McCarthy charged Democrats with trying to overturn the 2016 election

House minority whip Rep. Steve Scalise of Louisiana tried to turn the table on Democrats, who have spent years focusing on Russian election interference and Trump campaign contacts with Russians.

He spoke next to a blow-up posture of the Kremlin, and accused the Democrats of conducting a Soviet-style inquiry.

‘If the chair chooses, at his whim, they can literally kick out the president’s legal counsel. This is unprecedented. It’s not only unprecedented, this is Soviet-style rules. Maybe in the Soviet Union, you’d do things like this, where only you make the rules, where you reject the ability of the person you are accusing to even be in the room to question what’s going on, for anybody else to call witnesses,’ said Scalise.

House Republican Leader Kevin McCarthy blasted Democrats for ‘not working for the American people.’

‘This Congress has more subpoenas than laws,’ he said in his floor speech.

‘Democrats are trying to impeach the president because they are scared they cannot beat him at the ballot,’ McCarthy complained. ‘This impeachment is not only an attempt to undo the last election. It is an attempt to undo the last one as well.’

For both sides the vote will become a political weapon in 2020 with Republicans targeting Democrats who represent House districts that Trump won in 2016 and Democrats using it as a rallying cry for their base.

Tim Morrison, who was Trump's top adviser for Russian and European affairs, arrives on Capitol Hill Thursday to testify

Tim Morrison, who was Trump’s top adviser for Russian and European affairs, arrives on Capitol Hill Thursday to testify

White House counselor Kellyanne Conway said  the administration is considering bringing aboard additional staff to combat the impeachment inquiry

White House counselor Kellyanne Conway said Thursday morning the administration is considering bringing aboard additional staff to combat the impeachment inquiry.

‘Possibly and if we do it’s because our portfolios are already over flowing,’  she told reporters in the White House drive way. ‘So possibly. Stephanie Grisham is the press secretary and communications director the president and to the first lady. She’s got a pretty busy portfolio already.’

She added that any additions would be temporary and single-focused on the impeach issue, comparing it to how the administration brought on small teams of extra staff to handle other key issues, such as Supreme Court nominations.

‘So if it’s something intense, but single focused albeit temporary, there’s an argument for bringing a few extra hands and minds on to the team. So I would analogize it to Kavanaugh Part II for example,’ she said. ‘You have a short window and somebody who is single-focused on just that which is, frankly, something the rest of us can’t do.’

She was quick to add: ‘It’s not a war room. The president has made it pretty clear he doesn’t need a war room.’

The vote comes as Tim Morrison, who was Trump’s top adviser for Russian and European affairs, arrived on Capitol Hill Thursday morning to testify in the inquiry.

Morrison recently left his White House post and Democrats will seek details from him on an allegation that president linked nearly $400 million in U.S. military aid to the Ukraine to officials there undertaking an investigation into Joe and Hunter Biden, along with probing an unproven theory that it was the Ukrainians who hacked the Democratic National Committee’s email server and blamed the Russians.

Trump has maintained he’s done nothing wrong.

The House resolution includes a package of rules for how the Intelligence Committee – now leading the investigation closed-door testimony from witness – would transition to public hearings.

It also details how Intelligence panel Chair Adam Schiff will have most of the power in the process – deciding who will testify in front of the cameras and for how long – before issuing a public report and handing the matter over to the House Judiciary Committee, which will compose any formal articles of impeachment against the president.

Republicans and the White House are objecting to how that process is laid out.

Under the resolution, GOP lawmakers can only issue subpoenas for witnesses if the entire panel approved them – in effect giving Democrats veto power over their requests. Democrats argue this was the same procedure Republicans used when they had the majority during Bill Clinton’s impeachment process in the 1990s.

Speaker Nancy Pelosi will bring a resolution to a vote that outlines how the investigation will proceed and what rights the president will have during it

Speaker Nancy Pelosi will bring a resolution to a vote that outlines how the investigation will proceed and what rights the president will have during it

House Intelligence Committee Chairman Adam Schiff will play a lead role in the public hearing phase of the investigation+14

House Intelligence Committee Chairman Adam Schiff will play a lead role in the public hearing phase of the investigation

Additionally, there is no role for President Trump’s lawyers when the Intelligence panel holds its public hearings – a time when the cable news networks will run wall-to-wall coverage and viewership is expected to be high.

Trump’s lawyers aren’t allowed into the process into the Judiciary committee phase but what rights they will have – such as the ability to question witnesses – are not outlined in the resolution.

The White House blasted the rules as ‘an illegitimate sham’ that lacks ‘any due process’ for President Trump.

‘The White House is barred from participating at all, until after Chairman Schiff conducts two rounds of one-sided hearings to generate a biased report for the Judiciary Committee. Even then, the White House’s rights remain undefined, unclear, and uncertain – because those rules still haven’t been written,’ White House press secretary Stephanie Grisham argued in a statement earlier this week on the resolution.

By the time the president gets to participate, most of the drama will have played out on television screens across the country.

Senate Republican Leader Mitch McConnell blasted the procedure as denying the president his ‘basic due process rights.’

‘It does not confer on President Trump the most basic rights of due process,’ McConnell complained in a speech on the Senate floor on Wednesday.

Meanwhile, Bill Taylor, the top U.S. diplomat in the Ukraine whose closed-door testimony in the impeachment inquiry against Trump shocked Democrats with its details, is willing to testify in public when the hearings move to that stage.

No request has been made for his public testimony, CNN reports, but he is likely to be on the Democrats’ list when the time comes.

Republican Leader Mitch McConnell blasted House Democrats' impeachment resolution on the Senate floor on Wednesday

Republican Leader Mitch McConnell blasted House Democrats’ impeachment resolution on the Senate floor on Wednesday

Bill Taylor, the top U.S. diplomat in the Ukraine, is wiling to testify in public

Bill Taylor, the top U.S. diplomat in the Ukraine, is wiling to testify in public

Taylor testified last week that he was told that American military aid to the Ukraine was contingent on Kiev putting out a statement they were investigating the Bidens and the 2016 election.

Democrats believe he could be a star witness.

He’s rock solid, detailed notetaker and unimpeachable,’ Rep. Jackie Speier, a Democratic member of the House Intelligence Committee, told CNN. ‘Fifty years given to his country — it doesn’t get much more ‘Top Gun’ than that.’

Taylor testified behind closed doors last week that Trump refused to release U.S. security aid or meet with Ukrainian President Volodymyr Zelensky until Zelensky agreed to investigate the president’s political rivals.

Trump wanted a public commitment from the Ukraine they would investigate Burisma Holdings, a Ukrainian gas company with Hunter Biden on its board, Taylor – a Vietnam veteran and career State Department official  – told Congress, and said the president wanted Ukraine ‘put in a box.’

Trump and his allies have pushed an unproven theory Joe Biden, as vice president, demanded the Ukraine remove a prosecutor to the benefit of the company.

The president also pushed an unproven conspiracy theory that an email server belonging to the Democratic National Committee was hacked by Ukrainians during the 2016 election and they made it look as it were the Russians – a story, that if true, would indicate he won the 2016 contest without Russian interference.

Bolton was in meetings with EU Ambassador Gordon Sondland on Ukraine policy+14

Bolton was in meetings with EU Ambassador Gordon Sondland on Ukraine policy

Taylor said he was told that Trump had made clear that military aid to help keep Ukraine safe from Russia would only be made available if Zelensky went public to order ‘investigations,’ otherwise there was a ‘stalemate.’

And Taylor testified that Sondland told another diplomat: ‘President Trump did insist that President Zelensky go to a microphone and say that he is opening investigations of Biden and 2016 election interference, and that President Zelensky should want to do this himself.’

The bombshell testimony rocked Washington D.C. and left the White House reeling – after Trump had started the day by calling impeachment ‘a lynching.’

As Democratic lawmakers trickled out of the hearing, they called they evidence ‘damning,’ while Republicans had little to say.

Taylor called the involvement of Rudy Giuliani in a ‘parallel’ foreign policy ‘highly irregular’; confirmed that John Bolton had called linking military aid to Ukraine to a Biden probe a ‘drug deal’; implicated Mike Pence, Mike Pompeo and Mick Mulvaney in the scheme; and painted EU Ambassador Gordon Sondland as part of Giuliani’s scheme as well as an error-prone official lax on security and an unreliable witness – who one Republican conceded is likely to be recalled to the probe.

He recalled a phone call with Sondland, whom the president put in charge of Ukrainian affairs despite that country not being an EU member.

‘During that phone call, Amb. Sondland told me that President Trump had told him that he wants President Zelensky to state publicly that Ukraine will investigate Burisma and alleged Ukrainian interference in the 2016 election,’ Taylor said in his statement.

He added Sondland told him ‘everything’ – meaning U.S. military aid and a White House meeting – was contingent on the Ukraine publicly agreeing to the probe.

‘Amb. Sondland also told me that he now recognized that he had made a mistake by earlier telling the Ukrainian officials to whom he spoke that a White House meeting with President Zelensky was dependent on a public announcement of investigations — in fact, Amb. Sondland said, ‘everything’ was dependent on such an announcement, including security assistance,’ Taylor said.

‘He said that President Trump wanted President Zelensky ‘in a public box’ by making a public statement about ordering such investigations,” he noted.

Taylor is considered the biggest threat to Trump to come before lawmakers.

He left his retirement to take up the top U.S. post in the Ukraine after Ambassador Marie Yovanovitch was fired by Trump. He has no ties to the administration and no diplomatic career to worry about given his senior statesman status. He has worked in administrations for both political parties.

White House blasts impeachment resolution as ‘illegitimate sham’ without ‘any due process’ for Donald Trump after Democrats release proposal that omits details about president’s rights when public hearings are televised

  • White House blasted the Democrats’ impeachment resolution 
  • It’s ‘an illegitimate sham … without any due process for the President,’ White House press secretary Stephanie Grisham said in a statement
  • House Democrats released their impeachment resolution on Tuesday that outlines the next stage of the investigation into Donald Trump
  • It includes public hearings and gives Republicans limited power to call witnesses
  • Power is concentrated in hands on Intel Committee Chair Adam Schiff
  • He will get to approve Republican witnesses and their requests for subpoena
  • After Intel finishes its investigation, it will write a public report
  • Matter then goes to Judiciary panel which writes articles of impeachment 
  • Trump and his lawyer cannot participate in process until that final stage 
  • House votes on resolution on Thursday, which is Halloween  

Under the resolution, power is concentrated in the hands of House Intelligence committee Chair Adam Schiff, who can authorize longer periods to question witnesses and who can approve Republican requests for witnesses to appear. 

The Intelligence panel will take the lead in the next, immediate steps. Those include public hearings where Republican lawmakers and staff can question witnesses.

But there is no role for the president’s lawyer in the that stage – which is the White House’s chief complaint. 

After its public hearings conclude, the Intelligence panel will submit its findings to the House Judiciary Committee, which will have the responsibility for drafting any articles of impeachment that would charge the president.

STEPHANIE GRISHAM STATEMENT ON RESOLUTION

The resolution put forward by Speaker Pelosi confirms that House Democrats’ impeachment has been an illegitimate sham from the start as it lacked any proper authorization by a House vote.

It continues this scam by allowing Chairman Schiff, who repeatedly lies to the American people, to hold a new round of hearings, still without any due process for the President.

The White House is barred from participating at all, until after Chairman Schiff conducts two rounds of one-sided hearings to generate a biased report for the Judiciary Committee. Even then, the White House’s rights remain undefined, unclear, and uncertain – because those rules still haven’t been written.

This resolution does nothing to change the fundamental fact that House Democrats refuse to provide basic due process rights to the Administration.

It’s in that stage that President Trump’s lawyers will get to be involved but what rights they will have – such as the ability to question witnesses – are not outlined in the resolution.

‘The White House is barred from participating at all, until after Chairman Schiff conducts two rounds of one-sided hearings to generate a biased report for the Judiciary Committee. Even then, the White House’s rights remain undefined, unclear, and uncertain – because those rules still haven’t been written,’ Grisham argued in her statement on the resolution.

By the time the president gets to participate, most of the drama will have played out on television screens across the country.

Republicans, meanwhile, have called foul on the restrictions Democrats have placed on them when it comes to presenting Trump’s case when the hearings move the public stage.

Rep. Devin Nunes, the top Republican on the intelligence panel, can request witnesses, documents and any subpoenas the GOP want but Schiff must sign off on those requests and the full committee, which has a majority of Democrats, must approve them by vote.

Democrats point out that it is the same practice Republicans used for the minority power during the impeachment proceedings into President Bill Clinton into 1998.

The resolution puts the power in the impeachment inquiry into House Intelligence panel Chair Adam Schiff

Speaker Nancy Pelosi will lead Democrats in voting on the resolution on Thursday

The resolution is slated for a vote on Thursday in the full House. Republican leadership is telling its members to vote no on what they call a ‘Soviet-style’ resolution.

Under the Democratic-written measure, the House committees are directed ‘to continue their ongoing investigations as part of the existing House of Representatives inquiry into whether sufficient grounds exist for the House of Representatives to exercise its Constitutional power to impeach Donald John Trump, President of the United States of America, and for other purposes.’

Besides setting out the procedure for public hearings, the House intelligence panel  is directed to write a public report – with classified information redacted – and ultimately transfer its findings to the House Judiciary Committee, which will take the lead in the final stage of the impeachment inquiry.

That panel, led by Chairman Jerry Nadler, will draw up any articles of impeachment that will end up before the full House for a vote.

The Judiciary panel can also hold public hearings as it works on drafting the articles.

For both committees, in the public hearings, each side could engage in extended questioning of witnesses in rounds of up to 90 minutes before beginning the traditional five-minute rounds extended to lawmakers on those panels under existing rules.

Both lawmakers and staff would have the ability to ask questions.

The resolution also allows for Trump to make his case before lawmakers in the Judiciary Committee stage.

‘The House authorizes the Committee on the Judiciary to conduct proceedings relating to the impeachment inquiry referenced in the first section of this resolution pursuant to the procedures submitted for printing in the Congressional Record by the chair of the Committee on Rules, including such procedures as to allow for the participation of the President and his counsel,’ it reads.

A fact sheet put out by Democrats says that the president’s lawyers can will have an opportunity to present their case, attend hearings, respond to evidence, and raise an objection to testimony given.

B

President Trump and Republicans have cried foul on impeachment process

President Trump and Republicans have cried foul on impeachment process

By offering a resolution on the next steps, Democrats could undercut that argument if Republicans bring it up during the public hearings.

Additionally, by putting the Intelligence and Judiciary panels in charge of the next steps, it would appear to cut out the House Oversight and Foreign Affairs committees, which have played a role in the closed-door hearings.

That result could see some of Trump’s most ardent defenders – Republican lawmakers Jim Jordan and Mark Meadows among them – not part of the panels that will question witnesses in the public hearings, which are sure to play out on the 24-hour cable news channels.

GOP lawmakers immediately attacked the resolution for giving Schiff approval over the witnesses they want to call.

‘Socialist Dem impeachment resolution lets Repubs call witnesses … IF Adam Schiff okays. Duh! Will Adam Schiff allow exculpatory witnesses that embarrass Socialist Dems and help public discern truth? Schiff past partisan dishonesty suggests UNLIKELY!,’ Republican Congressman Mo Brooks tweeted.

But Democrats argued the resolution outlines the path forward.

‘The House impeachment inquiry has collected extensive evidence and testimony, and soon the American people will hear from witnesses in an open setting. The resolution introduced today in the House Rules Committee will provide that pathway forward,’ Schiff and his fellow committee chairs Eliot Engel, Carolyn Maloney and Jerry Nadler said in a statement.

‘The resolution provides rules for the format of open hearings in the House Intelligence Committee, including staff-led questioning of witnesses, and it authorizes the public release of deposition transcripts.

‘The resolution also establishes procedures for the transfer of evidence to the Judiciary Committee as it considers potential articles of impeachment, and it sets forth due process rights for the President and his Counsel in the Judiciary Committee proceedings,’ they said.

Impeachment in the United States

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Impeachment in the United States is the process by which a legislature (usually in the form of the lower house) brings charges against a civil officer of government for crimes alleged to have been committed, analogous to the bringing of an indictment by a grand jury. At the federal level, this is at the discretion of the House of Representatives. Most impeachments have concerned alleged crimes committed while in office, though there have been a few cases in which officials have been impeached and subsequently convicted for crimes committed prior to taking office.[1] The impeached official remains in office until a trial is held. That trial, and their removal from office if convicted, is separate from the act of impeachment itself. Analogous to a trial before a judge and jury, these proceedings are (where the legislature is bicameral) conducted by the upper house of the legislature, which at the federal level is the Senate.

Impeachment may occur at the federal level or the state level. The federal House can impeach federal officials, including the President, and each state‘s legislature can impeach state officials, including the governor, in accordance with their respective federal or state constitution.

Federal impeachment

Constitutional provisions

The House of Representatives … shall have the sole Power of Impeachment.

— Article I, Section 2, Clause 5

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Article I, Section 3, Clauses 6 and 7

[The President] … shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Article II, Section 2

The PresidentVice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, TreasonBribery, or other high Crimes and Misdemeanors.

Article II, Section 4

Impeachable offenses: “Treason, Bribery, or other high Crimes and Misdemeanors”

The Constitution limits grounds of impeachment to “Treason, Bribery, or other high Crimes and Misdemeanors”.[2] The precise meaning of the phrase “high Crimes and Misdemeanors” is not defined in the Constitution itself.

The notion that only criminal conduct can constitute sufficient grounds for impeachment does not comport with either the views of the founders or with historical practice.[1] Alexander Hamilton, in Federalist 65, described impeachable offenses as arising from “the misconduct of public men, or in other words from the abuse or violation of some public trust.”[3] Such offenses were “political, as they relate chiefly to injuries done immediately to the society itself.”[3] According to this reasoning, impeachable conduct could include behavior that violates an official’s duty to the country, even if such conduct is not necessarily a prosecutable offense. Indeed, in the past both houses of Congress have given the phrase “high Crimes and Misdemeanors” a broad reading, finding that impeachable offenses need not be limited to criminal conduct.[4][1]

The purposes underlying the impeachment process also indicate that non-criminal activity may constitute sufficient grounds for impeachment.[1][5] The purpose of impeachment is not to inflict personal punishment for criminal activity. Instead, impeachment is a “remedial” tool; it serves to effectively “maintain constitutional government” by removing individuals unfit for office.[6][1] Grounds for impeachment include abuse of the particular powers of government office or a violation of the “public trust”—conduct that is unlikely to be barred via statute.[6][4][1]

In drawing up articles of impeachment, the House has placed little emphasis on criminal conduct.[1] Less than one-third of the articles that the House have adopted have explicitly charged the violation of a criminal statute or used the word “criminal” or “crime” to describe the conduct alleged.[1] Officials have been impeached and removed for drunkenness, biased decision-making, or inducing parties to enter financial transactions, none of which is specifically criminal.[1] Two of the articles against President Andrew Johnson were based on rude speech that reflected badly on the office: President Johnson had made “harangues” criticizing the Congress and questioning its legislative authority, refusing to follow laws, and diverting funds allocated in an army appropriations act, each of which brought the presidency “into contempt, ridicule, and disgrace”.[7] A number of individuals have been impeached for behavior incompatible with the nature of the office they hold.[1] Some impeachments have addressed, at least in part, conduct before the individuals assumed their positions: for example, Article IV against Judge Porteous related to false statements to the FBI and Senate in connection with his nomination and confirmation to the court.[1]

On the other hand, the Constitutional Convention rejected language that would have permitted impeachment for “maladministration,” with Madison arguing that “[s]o vague a term will be equivalent to a tenure during pleasure of the Senate.”[8]

Congressional materials have cautioned that the grounds for impeachment “do not all fit neatly and logically into categories” because the remedy of impeachment is intended to “reach a broad variety of conduct by officers that is both serious and incompatible with the duties of the office”.[6][1] Congress has identified three general types of conduct that constitute grounds for impeachment, although these categories should not be understood as exhaustive:

(1) improperly exceeding or abusing the powers of the office;
(2) behavior incompatible with the function and purpose of the office; and
(3) misusing the office for an improper purpose or for personal gain.[6][1]

Conversely, not all criminal conduct is impeachable: in 1974, the Judiciary Committee rejected an article of impeachment against President Nixon alleging that he committed tax fraud, primarily because that “related to the President’s private conduct, not to an abuse of his authority as President.”[1]

Several commentators have suggested that Congress alone may decide for itself what constitutes a “high Crime or Misdemeanor”, especially since the Supreme Court decided in Nixon v. United States that it did not have the authority to determine whether the Senate properly “tried” a defendant.[9] In 1970, then-House Minority Leader Gerald R. Ford defined the criterion as he saw it: “An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history.”[10]

Of the 17 impeachments voted by the House:

  • No official has been charged with treason. (In 1797, Senator Blount was impeached for assisting Britain in capturing Spanish territory. In 1862, Judge Humphries was impeached and convicted for siding with the Confederacy and taking a position as a Confederate judge during the Civil War.)
  • Three officials have been charged with bribery. Of those, two proceeded to trial and were removed (Judge Archibald and Judge Hastings); the other resigned prior to trial (Secretary Belknap).
  • The remaining charges against all the other officials fall under the category of “high Crimes and Misdemeanors”.

The standard of proof required for impeachment and conviction is also left to the discretion of individual Representatives and Senators, respectively. Defendants have argued that impeachment trials are in the nature of criminal proceedings, with convictions carrying grave consequences for the accused, and that therefore proof beyond a reasonable doubt should be the applicable standard. House Managers have argued that a lower standard would be appropriate to better serve the purpose of defending the community against abuse of power, since the defendant does not risk forfeiture of life, liberty, or property, for which the reasonable doubt standard was set.[11]

Officers subject to impeachment: “civil officers of the United States”

The Constitution gives Congress the authority to impeach and remove “The President, Vice President, and all civil officers of the United States” upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. The Constitution does not articulate who qualifies as a “civil officer of the United States”.[12]

Federal judges are subject to impeachment. In fact, 15 of 19 officers impeached, and all eight officers removed after Senate trial, have been judges. The most recent impeachment effort against a Supreme Court justice that resulted in a House of Representatives investigation was against Justice William O. Douglas. In 1970, Representative Gerald Ford, who was then House minority leader, called for the House to impeach Douglas. However, a House investigation led by Congressman Emanuel Celler (D-NY) determined that Ford’s allegations were baseless. According to Professor Joshua E. Kastenberg at the University of New Mexico, School of Law, Ford and Nixon sought to force Douglas off the Court in order to cement the “Southern Strategy” as well as to provide cover for the invasion of Cambodia. When their efforts failed, Douglas remained on the Court.[13]

Within the executive branch, any Presidentially appointed “principal officer,” including a head of an agency such as a Secretary, Administrator, or Commissioner, is a “civil officer of the United States” subject to impeachment.[1] At the opposite end of the spectrum, lesser functionaries, such as federal civil service employees, do not exercise “significant authority”, and are not appointed by the President or an agency head. These employees do not appear to be subject to impeachment, though that may be a matter of allocation of House floor debate time by the Speaker, rather than a matter of law.

The Senate has concluded that members of Congress (Representatives and Senators) are not “civil officers” for purposes of impeachment.[14] As a practical matter, expulsion is effected by the simpler procedures of Article I, Section 5, which provides “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members … Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.” (see List of United States senators expelled or censured and List of United States Representatives expelled, censured, or reprimanded). This allows each House to expel its own members without involving the other chamber. In 1797, the House of Representatives impeached Senator William Blount of Tennessee,[15] The Senate expelled Senator Blount under Article I, Section 5, on the same day. However, the impeachment proceeding remained pending (expulsion only removes the individual from office, but conviction after impeachment may also bar the individual from holding future office, so the question of further punishment remained to be decided). After four days of debate, the Senate concluded that a Senator is not a “civil officer of the United States” for purposes of the Impeachment clause, and dismissed for lack of jurisdiction.[14][16] The House has not impeached a Member of Congress since Blount.

Procedure

At the federal level, the impeachment process is a three-step procedure.

  • First, the Congress investigates. This investigation typically begins in the House Judiciary Committee, but may begin elsewhere. For example, the Nixon impeachment inquiry began in the Senate Judiciary Committee. The facts that led to impeachment of Bill Clintonwere first discovered in the course of an investigation by Independent Counsel Kenneth Starr.
  • Second, the House of Representatives must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been “impeached”.
  • Third, the Senate tries the accused. In the case of the impeachment of a president, the Chief Justice of the United States presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate’s usual presiding officer, the President of the Senate who is also the Vice President of the United States. Conviction in the Senate requires a two-thirds supermajority vote of those present. The result of conviction is removal from office.

Rules

A number of rules have been adopted by the House and Senate, and are honored by tradition.

Jefferson’s Manual, which is integral to the Rules of the House of Representatives,[17] states that impeachment is set in motion by charges made on the floor, charges proffered by a memorial, a member’s resolution referred to a committee, a message from the president, or from facts developed and reported by an investigating committee of the House. It further states that a proposition to impeach is a question of high privilege in the House and at once supersedes business otherwise in order under the rules governing the order of business.

The House Practice: A Guide to the Rules, Precedents and Procedures of the House[18] is a reference source for information on the rules and selected precedents governing the House procedure, prepared by the House Parliamentarian. The manual has a chapter on the House’s rules, procedures, and precedent for impeachment.

In 1974, as part of the preliminary investigation in the Nixon impeachment inquiry, the staff of the Impeachment Inquiry of the House Judiciary Committee prepared a report, Constitutional Grounds for Presidential Impeachment.[6] The primary focus of the Report is the definition of the term “high Crimes and Misdemeanors” and the relationship to criminality, which the Report traces through history from English roots, through the debates at the 1787 Constitutional Convention, and the history of the impeachments before 1974.

The 1974 report has been expanded and revised on several occasions by the Congressional Research Service, and the current version Impeachment and Removal dates from October 2015.[1] While this document is only staff recommendation, as a practical matter, today it is probably the single most influential definition of “high Crimes and Misdemeanors.”

The Senate has formal Rules and Procedures of Practice in the Senate When Sitting on Impeachment Trials.[19]

Calls for impeachment, and Congressional power to investigate

While the actual impeachment of a federal public official is a rare event, demands for impeachment, especially of presidents, are common,[20] going back to the administration of George Washington in the mid-1790s.

While almost all of them were for the most part frivolous and were buried as soon as they were introduced, several did have their intended effect. Treasury Secretary Andrew Mellon[21] and Supreme Court Justice Abe Fortas both resigned in response to the threat of impeachment hearings, and, most famously, President Richard Nixon resigned from office after the House Judiciary Committee had already reported articles of impeachment to the floor.

In advance of the formal resolution by the full House to authorize proceedings, committee chairmen have the same power for impeachment as for any other issue within the jurisdiction of the committee: to investigate, subpoena witnesses, and prepare a preliminary report of findings. For example:

Targets of congressional investigations have challenged the power of Congress to investigate before a formal resolution commences impeachment proceedings. For example, President Buchanan wrote to the committee investigating his administration:

I do, therefore, … solemnly protest against these proceedings of the House of Representatives, because they are in violation of the rights of the coordinate executive branch of the Government, and subversive of its constitutional independence; because they are calculated to foster a band of interested parasites and informers, ever ready, for their own advantage, to swear before ex parte committees to pretended private conversations between the President and themselves, incapable, from their nature, of being disproved; thus furnishing material for harassing him, degrading him in the eyes of the country [23]

He maintained that the House of Representatives possessed no general powers to investigate him, except when sitting as an impeaching body.

When the Supreme Court has considered similar issues, it held that the power to secure “needed information … has long been treated as an attribute of the power to legislate. … [The power to investigate is deeply rooted in the nation’s history:] It was so regarded in the British Parliament and in the colonial Legislatures before the American Revolution, and a like view has prevailed and been carried into effect in both houses of Congress and in most of the state Legislatures.”[24] The Supreme Court also held, “There can be no doubt as to the power of Congress, by itself or through its committees, to investigate matters and conditions relating to contemplated legislation.”[25]

The Supreme Court considered the power of the Congress to investigate, and to subpoena executive branch officials, in a pair of cases arising out of alleged corruption in the administration of President Warren G. Harding. In the first, McGrain v. Daugherty, the Court considered a subpoena issued to the brother of Attorney General Harry Daugherty for bank records relevant to the Senate’s investigation into the Department of Justice. Concluding that the subpoena was valid, the Court explained that Congress’s “power of inquiry … is an essential and appropriate auxiliary to the legislative function,” as “[a] legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change.” The Supreme Court held that it was irrelevant that the Senate’s authorizing resolution lacked an “avow[al] that legislative action was had in view” because, said the Court, “the subject to be investigated was … [p]lainly [a] subject … on which legislation could be had” and such legislation “would be materially aided by the information which the investigation was calculated to elicit.” Although “[a]n express avowal” of the Senate’s legislative objective “would have been better,” the Court admonished that “the presumption should be indulged that [legislation] was the real object.”[24]

Two years later, in Sinclair v. United States,[26] the Court considered investigation of private parties involved with officials under potential investigation for public corruption. In Sinclair, Harry Sinclair, the president of an oil company, appealed his conviction for refusing to answer a Senate committee’s questions regarding his company’s allegedly fraudulent lease on federal oil reserves at Teapot Dome in Wyoming. The Court, acknowledging individuals’ “right to be exempt from all unauthorized, arbitrary or unreasonable inquiries and disclosures in respect of their personal and private affairs,” nonetheless explained that because “[i]t was a matter of concern to the United States,” “the transaction purporting to lease to [Sinclair’s company] the lands within the reserve cannot be said to be merely or principally … personal.” The Court also dismissed the suggestion that the Senate was impermissibly conducting a criminal investigation. “It may be conceded that Congress is without authority to compel disclosures for the purpose of aiding the prosecution of pending suits,” explained the Court, “but the authority of that body, directly or through its committees, to require pertinent disclosures in aid of its own constitutional power is not abridged because the information sought to be elicited may also be of use in such suits.”

The Supreme Court reached similar conclusions in a number of other cases. In Barenblatt v. United States,[27] the Court permitted Congress to punish contempt, when a person refused to answer questions while testifying under subpoena by the House Committee on Un-American Activities. The Court explained that although “Congress may not constitutionally require an individual to disclose his … private affairs except in relation to” “a valid legislative purpose,” such a purpose was present. Congress’s “wide power to legislate in the field of Communist activity … and to conduct appropriate investigations in aid thereof[] is hardly debatable,” said the Court, and “[s]o long as Congress acts in pursuance of its constitutional power, the Judiciary lacks authority to intervene on the basis of the motives which spurred the exercise of that power.”

Presidents have often been the subjects of Congress’s legislative investigations. For example, in 1832, the House vested a select committee with subpoena power “to inquire whether an attempt was made by the late Secretary of War … [to] fraudulently [award] … a contract for supplying rations” to Native Americans and to “further … inquire whether the President … had any knowledge of such attempted fraud, and whether he disapproved or approved of the same.” In the 1990s, first the House and Senate Banking Committees and then a Senate special committee investigated President and Mrs. Clinton’s involvement in the Whitewater land deal and related matters. The Senate had an enabling resolution; the House did not.

The Supreme Court has also explained that Congress has not only the power, but the duty, to investigate so it can inform the public of the operations of government:

It is the proper duty of a representative body to look diligently into every affair of government and to talk much about what it sees. It is meant to be the eyes and the voice, and to embody the wisdom and will of its constituents. Unless Congress have and use every means of acquainting itself with the acts and the disposition of the administrative agents of the government, the country must be helpless to learn how it is being served; and unless Congress both scrutinize these things and sift them by every form of discussion, the country must remain in embarrassing, crippling ignorance of the very affairs which it is most important that it should understand and direct. The informing function of Congress should be preferred even to its legislative function.[28]

House of Representatives: Impeachment

Impeachment proceedings may be requested by a member of the House of Representatives on his or her own initiative, either by presenting a list of the charges under oath or by asking for referral to the appropriate committee. The impeachment process may be requested by non-members. For example, when the Judicial Conference of the United States suggests a federal judge be impeached, a charge of actions constituting grounds for impeachment may come from a special prosecutor, the President, or state or territorial legislaturegrand jury, or by petition. An impeachment proceeding formally begins with a resolution adopted by the full House of Representatives, which typically includes a referral to a House committee.

First day of The Judiciary Committee’s formal impeachment hearings against President Nixon, May 9, 1974

The type of impeachment resolution determines the committee to which it is referred. A resolution impeaching a particular individual is typically referred to the House Committee on the Judiciary. A resolution to authorize an investigation regarding impeachable conduct is referred to the House Committee on Rules, and then to the Judiciary Committee. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist (this vote is not law and is not required, US Constitution and US law). If the Committee finds grounds for impeachment, it will set forth specific allegations of misconduct in one or more articles of impeachment. The Impeachment Resolution, or Articles of Impeachment, are then reported to the full House with the committee’s recommendations.

The House debates the resolution and may at the conclusion consider the resolution as a whole or vote on each article of impeachment individually. A simple majority of those present and voting is required for each article for the resolution as a whole to pass. If the House votes to impeach, managers (typically referred to as “House managers”, with a “lead House manager”) are selected to present the case to the Senate. Recently, managers have been selected by resolution, while historically the House would occasionally elect the managers or pass a resolution allowing the appointment of managers at the discretion of the Speaker of the United States House of Representatives. These managers are roughly the equivalent of the prosecution or district attorney in a standard criminal trial. Also, the House will adopt a resolution in order to notify the Senate of its action. After receiving the notice, the Senate will adopt an order notifying the House that it is ready to receive the managers. The House managers then appear before the bar of the Senate and exhibit the articles of impeachment. After the reading of the charges, the managers return and make a verbal report to the House.

Senate: Trial

Depiction of the impeachment trial of President Andrew Johnson in 1868, Chief Justice Salmon P. Chase presiding.

The proceedings unfold in the form of a trial, with each side having the right to call witnesses and perform cross-examinations. The House members, who are given the collective title of managers during the course of the trial, present the prosecution case, and the impeached official has the right to mount a defense with his or her own attorneys as well. Senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence. After hearing the charges, the Senate usually deliberates in private. The Constitution requires a two-thirds super majority to convict a person being impeached.[29] The Senate enters judgment on its decision, whether that be to convict or acquit, and a copy of the judgment is filed with the Secretary of State.[19] Upon conviction in the Senate, the official is automatically removed from office and may also be barred from holding future office. The trial is not an actual criminal proceeding and more closely resembles a civil service termination appeal in terms of the contemplated deprivation. Therefore, the removed official may still be liable to criminal prosecution under a subsequent criminal proceeding. The President may not grant a pardon in the impeachment case, but may in any resulting Federal criminal case.[30]

Beginning in the 1980s with Harry E. Claiborne, the Senate began using “Impeachment Trial Committees” pursuant to Senate Rule XI.[19] These committees presided over the evidentiary phase of the trials, hearing the evidence and supervising the examination and cross-examination of witnesses. The committees would then compile the evidentiary record and present it to the Senate; all senators would then have the opportunity to review the evidence before the chamber voted to convict or acquit. The purpose of the committees was to streamline impeachment trials, which otherwise would have taken up a great deal of the chamber’s time. Defendants challenged the use of these committees, claiming them to be a violation of their fair trial rights as this did not meet the constitutional requirement for their cases to be “tried by the Senate”. Several impeached judges, including District Court JudgeWalter Nixon, sought court intervention in their impeachment proceedings on these grounds. In Nixon v. United States (1993),[9] the Supreme Court determined that the federal judiciary could not review such proceedings, as matters related to impeachment trials are political questions and could not be resolved in the courts.[31]

In theory at least, as President of the Senate, the Vice President of the United States could preside over their own impeachment, although legal theories suggest that allowing a defendant to be the judge in their own case would be a blatant conflict of interest. If the Vice President did not preside over an impeachment (of anyone besides the President), the duties would fall to the President pro tempore of the Senate.

To convict an accused, “the concurrence of two thirds of the [Senators] present” for at least one article is required. If there is no single charge commanding a “guilty” vote of two-thirds majority of the senators present, the defendant is acquitted and no punishment is imposed.

Result of conviction: removal, and with an additional Senate vote, disqualification

Conviction immediately removes the defendant from office. Following conviction, the Senate may vote to further punish the individual by barring him or her from holding future federal office, elected or appointed. As the threshold for disqualification is not explicitly mentioned in the Constitution, the Senate has taken the position that disqualification votes only require a simple majority rather than a two-thirds majority. The Senate has used disqualification sparingly, as only three individuals have been disqualified from holding future office.[32]

Conviction does not extend to further punishment, for example, loss of pension. After conviction by the Senate, “the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law” in the regular federal or state courts.

History of federal constitutional impeachment

In the United Kingdom, impeachment was a procedure whereby a member of the House of Commons could accuse someone of a crime. If the Commons voted for the impeachment, a trial would then be held in the House of Lords. Unlike a bill of attainder, a law declaring a person guilty of a crime, impeachments did not require royal assent, so they could be used to remove troublesome officers of the Crown even if the monarch was trying to protect them.

The monarch, however, was above the law and could not be impeached, or indeed judged guilty of any crime. When King Charles I was tried before the Rump Parliament of the New Model Army in 1649 he denied that they had any right to legally indict him, their king, whose power was given by God and the laws of the country, saying: “no earthly power can justly call me (who is your King) in question as a delinquent … no learned lawyer will affirm that an impeachment can lie against the King.” While the House of Commons pronounced him guilty and ordered his execution anyway, the jurisdictional issue tainted the proceedings.

With this example in mind, the delegates to the 1787 Constitutional Convention chose to include an impeachment procedure in Article II, Section 4 of the Constitution which could be applied to any government official; they explicitly mentioned the President to ensure there would be no ambiguity. Opinions differed, however, as to the reasons Congress should be able to initiate an impeachment. Initial drafts listed only treason and bribery, but George Mason favored impeachment for “maladministration” (incompetence). James Madisonargued that impeachment should only be for criminal behavior, arguing that a maladministration standard would effectively mean that the President would serve at the pleasure of the Senate.[33] Thus the delegates adopted a compromise version allowing impeachment for “treason, bribery and other high crimes and misdemeanors”.

Formal federal impeachment investigations and results

The House of Representatives has initiated impeachment proceedings 62 times since 1789.[citation needed]

The House has impeached 19 federal officers. Of these:

Of the 19 impeachments by the House, two cases did not come to trial because the individuals had left office, seven were acquitted, and eight officials were convicted, all of whom were judges.[35][36] One, former judge Alcee Hastings, was elected as a member of the United States House of Representatives after being removed from office.

Additionally, an impeachment process against Richard Nixon was commenced, but not completed, as he resigned from office before the full House voted on the articles of impeachment.[31] To date, no president has been removed from office by impeachment and conviction.

The following table lists federal officials for whom impeachment proceedings were instituted and referred to a committee of the House of Representatives. Numbered lines of the table reflect officials impeached by a majority vote of the House. Unnumbered lines are those officials for whom an impeachment proceeding was formally instituted, but ended when (a) the Committee did not vote to recommend impeachment, (b) the Committee recommended impeachment but the vote in the full House failed, or (c) the official resigned or died before the full House vote.

# Date of Impeachment or Investigation Accused Office Accusations Result[Note 1]
1 July 7, 1797 William-blount-wb-cooper.jpg William Blount United States Senator(Tennessee) Conspiring to assist Britain in capturing Spanish territory Senate refused to accept impeachment of a Senator by the House of Representatives, instead expelling him from the Senate on their own authority[37][Note 2][38]
2 March 2, 1803 John Pickering Judge (District of New Hampshire) Drunkenness and unlawful rulings Convicted; removed on March 12, 1804[37][39][38][39]
3 March 12, 1804 Samuel Chase (bust crop).jpg Samuel Chase Associate Justice (Supreme Court of the United States) Political bias and arbitrary rulings, promoting a partisan political agenda on the bench[40] Acquitted on March 1, 1805[37][39]
4 April 24, 1830 JamesHPeck.jpg James H. Peck Judge (District of Missouri) Abuse of power[41] Acquitted on January 31, 1831[37][39][38][39]
March to June 1860 James Buchanan.jpg James Buchanan President of the United States Corruption The Covode committee was established March 5, 1860, and submitted its final report on June 16, 1860. The committee found that Buchanan had not done anything to warrant impeachment, but that his was the most corrupt administration since the adoption of the US Constitution in 1789.[42][43]
5 May 6, 1862 West Hughes Humphreys.jpg West Hughes Humphreys Judge (EasternMiddle, and Western Districts of Tennessee) Supporting the Confederacy Convicted; removed and disqualified on June 26, 1862[38][37][39] [38][39]
6 February 24, 1868 President Andrew Johnson.jpg Andrew Johnson President of the United States Violating the Tenure of Office Act. The Supreme Court would later state in dicta that the (by then repealed) Tenure of Office Act had been unconstitutional.[44] Acquitted on May 26, 1868, 35–19 in favor of conviction, falling one vote short of two-thirds.[37][38]
7 February 28, 1873 Mark W. Delahay.jpg Mark W. Delahay Judge (District of Kansas) Drunkenness Resigned on December 12, 1873[39][45][39][45]
8 March 2, 1876 WWBelknap.jpg William W. Belknap United States Secretary of War(resigned after impeachment and before trial) Graft, corruption Acquitted after his resignation on August 1, 1876[37][38]
9 December 13, 1904 Charles Swayne Judge (Northern District of Florida) Failure to live in his district, abuse of power[46] Acquitted on February 27, 1905[37][39][38][39]
10 July 11, 1912 Robert W. Archbald cph.3a03594 (bust crop).jpg Robert Wodrow Archbald Associate Justice (United States Commerce Court)
Judge (Third Circuit Court of Appeals)
Improper acceptance of gifts from litigants and attorneys Convicted; removed and disqualified on January 13, 1913[38][37][39][38][39]
11 April 1, 1926 George W. English cph.3a03600.jpg George W. English Judge (Eastern District of Illinois) Abuse of power Resigned on November 4, 1926,[38][37] proceedings dismissed on December 13, 1926[38][39][38][39]
12 February 24, 1933 Harold Louderback Judge (Northern District of California) Corruption Acquitted on May 24, 1933[37][39][38][39]
13 March 2, 1936 Halsted Ritter (US federal judge).jpg Halsted L. Ritter Judge (Southern District of Florida) Champerty, corruption, tax evasion, practicing law while a judge Convicted; removed on April 17, 1936[37][39][38][39]
1953 Justice William O Douglas.jpg William O. Douglas Associate Justice of the U.S. Supreme Court Brief stay of execution for Julius and Ethel Rosenberg Referred to Judiciary Committee (Jun. 18, 1953); committee voted to end the investigation (Jul 7, 1953).
1970 Justice William O Douglas.jpg William O. Douglas Associate Justice of the U.S. Supreme Court Failure to recuse on obscenity cases while at the same time having articles published in Evergreen Review and Avant-Garde magazines; conflict of paid board positions with two non-profits Referred to a special subcommittee of the House Judiciary Committee (Apr. 21, 1970); subcommittee voted to end the investigation (Dec. 3, 1970).
proceedings aborted before impeachment vote, January to August 1974 Richard Nixon presidential portrait.jpg Richard Nixon President of the United States Obstruction of justice, Abuse of Power, Contempt of Congress House Judiciary Committee begins investigating and issuing subpoenas (Oct. 30, 1973); House Judiciary Report on committee investigation (Feb. 1, 1974);[47] House resolution 93-803 authorizes Judiciary Committee investigation (Feb. 6, 1974);[48] House Judiciary Committee votes three articles of impeachment to House floor (July 27–30, 1974);[49] proceedings terminated by resignation of President Nixon (August 8, 1974).
14 July 22, 1986 Harry Claiborne (bust crop).jpg Harry E. Claiborne Judge (District of Nevada) Tax evasion Removed on October 9, 1986[37][39][38][39]
15 August 3, 1988 Alcee Hastings Portrait c111-112th Congress.jpg Alcee Hastings Judge (Southern District of Florida) Accepting a bribe, and committing perjury during the resulting investigation Removed on October 20, 1989[37][39][38][39]
16 May 10, 1989 Walter Nixon (bust crop).jpg Walter Nixon Chief Judge (Southern District of Mississippi) Perjury Removed on November 3, 1989[37][39][Note 3][38][39]
17 December 19, 1998 Bill Clinton.jpg Bill Clinton President of the United States Perjury and obstruction of justice[50] Acquitted on February 12, 1999: 45–55 on obstruction of justice and 50–50 on perjury[37][51]
18 June 19, 2009 KentSamuel.jpg Samuel B. Kent Judge (Southern District of Texas) Sexual assault, and obstruction of justice during the resulting investigation Resigned on June 30, 2009,[39][52] proceedings dismissed on July 22, 2009[37][39][53][39][54]
19 March 11, 2010 PorteousThomasG.jpg Thomas Porteous Judge (Eastern District of Louisiana) Making false financial disclosures, corruption. Convicted, removed and disqualified on December 8, 2010[37][39][55][39][56]
September 24, 2019 President Donald J. Trump September 2019.jpg Donald Trump President of the United States Enlisting the assistance of foreign governments with re-election Financial Servicesthe JudiciaryIntelligenceForeign AffairsOversight and Reform, and Ways and Meanscommittees undertaking an impeachment inquiry beginning on September 24, 2019. The inquiry is presently ongoing.

There have been unsuccessful attempts to initiate impeachment proceedings against John TylerRichard NixonGeorge W. Bush and Barack Obama.

One notable impeachment attempt that never reached the point of House resolution was an attempt to impeach Associate Justice William O. Douglas by then-House Minority Leader Gerald R. Ford. The Legislative Reference Service of the Library of Congress prepared a report as part of Ford’s vetting for confirmation as Vice President in 1973.[22]

President Bill Clinton, a Democrat, was impeached on December 19, 1998, by the House of Representatives on articles charging perjury (specifically, lying to a federal grand jury) by a 228–206 vote and obstruction of justice by a 221–212 vote. The House rejected other articles: one was a count of perjury in a civil deposition in Paula Jones‘ sexual harassment lawsuit against Clinton (by a 205–229 vote); the second accused Clinton of abuse of power (by a 148–285 vote). President Clinton was acquitted by the Senate. The votes in the Senate to remove him from office did not even reach a majority, let alone two-thirds: 45–55 on obstruction of justice and 50–50 on perjury.

Impeachment in the states

State legislatures can impeach state officials, including governors, in every State except Oregon. The court for the trial of impeachments may differ somewhat from the federal model—in New York, for instance, the Assembly (lower house) impeaches, and the State Senate tries the case, but the members of the seven-judge New York State Court of Appeals (the state’s highest, constitutional court) sit with the senators as jurors as well.[57] Impeachment and removal of governors has happened occasionally throughout the history of the United States, usually for corruption charges. A total of at least eleven U.S. state governors have faced an impeachment trial; a twelfth, Governor Lee Cruce of Oklahoma, escaped impeachment conviction by a single vote in 1912. Several others, most recently Missouri‘s Eric Greitens, have resigned rather than face impeachment, when events seemed to make it inevitable.[58] The most recent impeachment of a state governor occurred on January 14, 2009, when the Illinois House of Representatives voted 117–1 to impeach Rod Blagojevichon corruption charges;[59] he was subsequently removed from office and barred from holding future office by the Illinois Senate on January 29. He was the eighth U.S. state governor to be removed from office.

The procedure for impeachment, or removal, of local officials varies widely. For instance, in New York a mayor is removed directly by the governor “upon being heard” on charges—the law makes no further specification of what charges are necessary or what the governor must find in order to remove a mayor.

In 2018, the entire Supreme Court of Appeals of West Virginia was impeached, something that has been often threatened, but had never happened before.

State and territorial officials impeached

Date Accused Office Result
1804 William W. Irvin.jpg William W. Irvin Associate JudgeFairfield County, Ohio,Court of Common Pleas Removed
1832 Theophilus W. Smith.jpg Theophilus W. Smith Associate JusticeIllinois Supreme Court Acquitted[60]
February 26, 1862 CRobinson.jpg Charles L. Robinson Governor of Kansas Acquitted[61]
John Winter Robinson Secretary of State of Kansas Removed on June 12, 1862[62]
George S. Hillyer State auditor of Kansas Removed on June 16, 1862[62]
1871 NCG-WilliamHolden.jpg William Woods Holden Governor of North Carolina Removed
1871 Hon. David Butler. Governor Nebraska - NARA - 528665.jpg David Butler Governor of Nebraska Removed[61]
February 1872 Governor Harrison Reed of Florida.jpg Harrison Reed Governor of Florida Acquitted[63]
March 1872 Thirty years of New York politics up-to-date (1889) (14592180978).jpg George G. Barnard New York Supreme Court (1st District) Removed
1872 H C Warmoth 1870s W Kurtz.jpg Henry C. Warmoth Governor of Louisiana “Suspended from office,” though trial was not held[64]
1876 Gen. Adelbert Ames - NARA - 527085.jpg Adelbert Ames Governor of Mississippi Resigned[61]
1888 Honest Dick Tate.png James W. Tate Kentucky State Treasurer Removed
1901 David M. Furches Chief JusticeNorth Carolina Supreme Court Acquitted[65]
Robert M. Douglas Associate JusticeNorth Carolina Supreme Court Acquitted[65]
August 13, 1913[66] William Sulzer NY.jpg William Sulzer Governor of New York Removed on October 17, 1913[67]
July 1917 James E. Ferguson.jpg James E. Ferguson Governor of Texas Removed[68]
October 23, 1923 Jack Walton.jpg John C. Walton Governor of Oklahoma Removed
January 21, 1929 Henry S. Johnston Governor of Oklahoma Removed
April 6, 1929[69] HueyPLongGesture.jpg Huey P. Long Governor of Louisiana Acquitted
June 13, 1941 Daniel H. Coakley Massachusetts Governor’s Councilor Removed on October 2, 1941
May 1958[70] Raulston Schoolfield Judge, Hamilton County, TennesseeCriminal Court Removed on July 11, 1958[71]
March 14, 1984[72] Paul L. Douglas Nebraska Attorney General Acquitted by the Nebraska Supreme Court on May 4, 1984[73]
February 6, 1988[74] Evan Mecham Governor of Arizona Removed on April 4, 1988[75]
March 30, 1989[76] A. James Manchin State treasurer of West Virginia Resigned on July 9, 1989 before trial started[77]
January 25, 1991[78] Ward “Butch” Burnette Kentucky Commissioner of Agriculture Resigned on February 6, 1991 before trial started[79]
May 24, 1994[80] Rolf Larsen Associate JusticePennsylvania Supreme Court Removed on October 4, 1994, and declared ineligible to hold public office in Pennsylvania[81]
October 6, 1994[82] Judith Moriarty Secretary of State of Missouri Removed by the Missouri Supreme Court on December 12, 1994[83]
November 11, 2004[84] Kathy Augustine Nevada State Controller Censured on December 4, 2004, not removed from office[85]
April 11, 2006[86] David Hergert Member of the University of NebraskaBoard of Regents Removed by the Nebraska Supreme Court on July 7, 2006[87]
January 8, 2009
(first vote)[88]
Rod Blagojevich (2911120436) (cropped).jpg Rod Blagojevich Governor of Illinois 95th General Assembly ended
January 14, 2009
(second vote)[89]
Removed on January 29, 2009, and declared ineligible to hold public office in Illinois[90]
February 11, 2013[91] Benigno Fitial 2009.jpg Benigno Fitial Governor of the Northern Mariana Islands Resigned on February 20, 2013
August 13, 2018[92] Robin Davis Associate Justices, Supreme Court of Appeals of West Virginia Retired on August 13, 2018.[93] Despite her retirement, the West Virginia Senate refused to dismiss the articles of impeachment and scheduled trial for October 29, 2018 although the trial is currently delayed by court order.[94]
Allen Loughry Resigned on November 12, 2018.[95][96] Possible trial before the West Virginia Senate delayed by court order.[94]
Beth Walker Reprimanded and censured on October 2, 2018, not removed from office.[97]
Margaret Workman Chief Justice, Supreme Court of Appeals of West Virginia Trial before the West Virginia Senate delayed by court order after originally being scheduled for October 15, 2018.[98][99]
July 24, 2019[100] Ricardo Rossello (cropped).jpg Ricardo Rossello Governor of Puerto Rico Resigned on July 24, 2019; with effect August 2, 2019, immediately stopping impeachment proceedings

State governors

At least four state governors have been impeached and removed from office:

See also

Notes

  • Stephen B. Presser, Essays on Article I: ImpeachmentPresser, Stephen B. “Essays on Article I: Impeachment”The Heritage Guide to the Constitution. Heritage Foundation. Retrieved June 14, 2018.
  1. ^ “Removed and disqualified” indicates that following conviction the Senate voted to disqualify the individual from holding further federal office pursuant to Article I, Section 3 of the United States Constitution, which provides, in pertinent part, that “[j]udgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States.”
  2. ^ During the impeachment trial of Senator Blount, it was argued that the House of Representatives did not have the power to impeach members of either House of Congress; though the Senate never explicitly ruled on this argument, the House has never again impeached a member of Congress. The Constitution allows either House to expel one of its members by a two-thirds vote, which the Senate had done to Blount on the same day the House impeached him (but before the Senate heard the case).
  3. ^ Judge Nixon later challenged the validity of his removal from office on procedural grounds; the challenge was ultimately rejected as nonjusticiable by the Supreme Court in Nixon v. United States.

References…

Further reading

External links

https://en.wikipedia.org/wiki/Impeachment_in_the_United_States

 

Story 2: Big Lie Media Spinning and Lying About Tim Morrison Testimony About Trump Phone Call With Ukraine — Nothing Illegal Was Discussed and No Quid Pro Quo — Videos —

 See the source image

See the source image

See the source image

 

Impeachment witness says Trump-Ukraine call wasn’t illegal

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 Official Tim Morrison To Schiff: ‘I Was Not Concerned That Anything Illegal Was Discussed’ In Trump-Ukraine Phone Call

Tim Morrison, a former National Security Council official under Trump, told Rep. Adam Schiff in testimony today that he was never concerned that Trump discussed anything illegal in his July 25 phone call with the Ukrainain president.

A top National Security Council (NSC) official who listened to President Donald Trump’s July 25 phone call with Ukrainian President Volodymr Zelensky testified to Congress today that he did not believe Trump had discussed anything illegal during the conversation.

“I want to be clear, I was not concerned that anything illegal was discussed,” former NSC Senior Director for European Affairs Tim Morrison testified today, according to a record of his remarks obtained by The Federalist.

Morrison testified that Ukrainian officials were not even aware that certain military funding had been delayed by the Trump administration until late August 2019, more than a month after the Trump-Zelensky call, casting doubt on allegations that Trump somehow conveyed an illegal quid pro quo demand during the July 25 call.

“I have no reason to believe the Ukrainians had any knowledge of the [military funding] review until August 28, 2019,” Morrison said. That is the same day that Rep. Adam Schiff, D-Calif., the chief anti-Trump inquisitor in the U.S. House of Representatives, disclosed on Twitter that funding had been held up. Politico also published a story that day, sourced to anonymous leaks, that military funding had been temporarily held up.

Although Schiff claimed that neither he nor his staff ever spoke to the anti-Trump whistleblower, The New York Times reported that the complainant, whom RealClearInvestigations identified as Eric Ciaramella, coordinated with Schiff’s office before filing his complaint with the intelligence community inspector general on August 12. While Schiff initially demanded that the anti-Trump complainant be allowed to publicly testify, he quickly changed course following the reports that he and his staff had secretly colluded with the whistleblower and then lied about the interactions.

Morrison also pointed out key factual inaccuracies in testimony provided by William Taylor, a State Department official who works in the U.S. embassy in Kiev, Ukraine. Morrison said that, contrary to Taylor’s claims, Morrison never met with the Ukrainian National Security advisor in his private hotel room.

Morrison also said Taylor falsely claimed that Ambassador Gordon Sondland demanded a public statement from the Ukrainian president committing to investigate Burisma, a controversial Ukrainain energy company that paid Democratic presidential candidate Joe Biden’s son Hunter millions of dollars to sit on its board.

“My recollection is that Ambassador Sondland’s proposal to [Ukrainian National Security Advisor Andriy] Yermak was that it could be sufficient if the new Ukrainian prosecutor general — not President Zelensky — would commit to pursue the Burisma investigation,” Morrison testified.

Morrison testified that the transcript of the phone call that was declassified and released by Trump in late September “accurately and completely reflects the substance of the call,” and that he was concerned that the substance of the call would be leaked to the media. Morrison said he immediately informed a NSC lawyer about his concerns that the phone call would be leaked. Democrats have alleged that security measures taken to prevent leaks of the top secret call transcript prove that Trump should be removed from office.

He also told lawmakers that the national security process worked as designed in the case of the military funding that Congress appropriated for Ukraine.

“I am pleased our process gave the president the confidence he needed to approve the release of the security sector assistance,” he said. “I am proud of what I have been able, in some small way, to help the Trump administration accomplish.”

Democrats on Thursday morning voted to rubber-stamp Schiff’s efforts to impeach Trump with secret hearings and lopsided rules that prevent Republicans from subpoenaing witnesses or evidence without first obtaining Schiff’s permisison. A bipartisan coalition of Democrats and Republicans opposed the measure.

Sean Davis is the co-founder of The Federalist.

Big Lie Media Is Lying About What Morrison Testified To

Hannity: Latest testimony blows whistleblower claim out of the water

Tim Morrison arrives to testify as part of the House impeachment inquiry. (J. Scott Applewhite/AP) (Pablo Martinez Monsivais/AP)
Tim Morrison arrives to testify as part of the House impeachment inquiry. (J. Scott Applewhite/AP) (Pablo Martinez Monsivais/AP)
Oct. 31, 2019 at 3:33 p.m. CDT

Tim Morrison, the former White House national security adviser who engaged in multiple crucial conversations with Ambassador William B. Taylor Jr. about the quid pro quo that withheld military aid to try to leverage Ukraine into doing President Trump’s political bidding, has been testifying in the impeachment inquiry.

Here’s the most important part of Morrison’s opening statement:

In preparation for my appearance today, I reviewed the statement Ambassador Taylor provided this inquiry on October 22, 2019. I can confirm that the substance of his statement, as it relates to conversations he and I had, is accurate.
My recollections differ on two of the details, however. I have a slightly different recollection of my September 1, 2019 conversation with Ambassador [Gordon] Sondland. On page 10 of Ambassador Taylor’s statement, he recounts a conversation I relayed to him regarding Ambassador Sondland’s conversation with Ukrainian Presidential Advisor [Andriy] Yermak. Ambassador Taylor wrote: “Ambassador Sondland told Mr. Yermak that security assistance money would not come until President [Volodymyr] Zelensky committed to pursue the Burisma investigation.”
My recollection is that Ambassador Sondland’s proposal to Mr. Yermak was that it could be sufficient if the new Ukrainian prosecutor general — not President Zelensky — would commit to pursue the Burisma investigation.
I also would like to clarify that I did not meet with the Ukrainian National Security Advisor in his hotel room, as Ambassador Taylor indicated on page 11 of his statement. Instead, an NSC aide and I met with Mr. [Oleksandr] Danyliuk in the hotel’s business center.

Pro-Trump Twitter is trying to spin the minor discrepancies between the two accounts into something big, but that’s just absurd. In one case, the difference is over where Morrison met with a Ukrainian official. In the other, the difference is over who would announce the investigation into Burisma, the company on whose board Joe Biden’s son Hunter sat, as part of the quid pro quo.

But what is not in dispute is that the quid pro quo was articulated plainly and clearly. Let me isolate out the part of Morrison’s testimony where he says this explicitly:

AD
Ambassador Taylor wrote: “Ambassador Sondland told Mr. Yermak that security assistance money would not come until President Zelensky committed to pursue the Burisma investigation.”
My recollection is that Ambassador Sondland’s proposal to Mr. Yermak was that it could be sufficient if the new Ukrainian prosecutor general — not President Zelensky — would commit to pursue the Burisma investigation.

Thus, Morrison is saying that Sondland — the ambassador to the European Union who was a leading agent in this whole plot — did indeed tell him that the military aid was conditional on the Ukrainians committing to the Burisma investigation.

Sondland simply proposed a version of this that might be more amenable to the Ukrainians, since it wouldn’t require Zelensky himself to announce it. Thus it is that Morrison says the “substance” of Taylor’s testimony about their conversations was “accurate.”

Importantly, this account comes from someone who discussed these matters directly with Sondland.

Morrison confirms the quid pro quo elsewhere as well:

I had no reason to believe that the release of the security sector assistance might be conditioned on a public statement reopening the Burisma investigation until my September 1, 2019 conversation with Ambassador Sondland. Even then I hoped that Ambassador Sondland’s strategy was exclusively his own and would not be considered by leaders in the Administration and Congress.

After talking to Sondland, Morrison understood that the money was conditioned just that way. And in this context, it’s important to note that Morrison’s hope that this didn’t represent the views of the administration was in vain: You will recall that Sondland was taking his direction straight from the president.

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Some have pointed out that Morrison claims he didn’t see anything illegal on Trump’s July 25 call with the Ukrainian president. But so what? That’s not his decision, and the question of the conduct’s legality is not even necessarily relevant to an impeachment context. What’s more, the list of people who actually were deeply alarmed by the conduct is already very long.

They really wanted a public statement

One other point: It’s important to underscore that Trump and his lawyer Rudolph Giuliani didn’t just want an investigation of Biden. They wanted a public announcement of it, to get news organizations to start treating the allegations seriously and help them create an aura of vague corruption around Biden.

This is Trumpworld’s M.O. As Stephen K. Bannon revealed to journalist Joshua Green, the key to this is to vault such charges, no matter how spurious, out of the conservative media, in order to get them merely covered in the mainstream press, to “weaponize” them, as Bannon put it. This helps create what Green described as the “whiff of corruption.”

AD

As those texts show, there were extensive negotiations with the Ukrainians over what that public statement might look like, precisely because Giuliani, acting as Trump’s consigliere, cared about it so much. Thus it might be expected that Sondland and the Ukrainians would haggle over who made the statement, as Sondland tried (but ultimately failed) to get them to do it.

In this sense, Morrison has helped underscore another important part of the story here.

https://www.washingtonpost.com/opinions/2019/10/31/tim-morrison-just-confirmed-quid-pro-quo-thats-big-story-here/

White House Aide Confirms He Saw Signs of a Quid Pro Quo on Ukraine

Timothy Morrison, a National Security Council aide, said a top diplomat close to President Trump suggested a military aid package for Ukraine was conditioned on investigations into his political rivals.

Timothy Morrison, a top Russia and Europe expert on the National Security Council, arriving Thursday on Capitol Hill.
Credit…Anna Moneymaker/The New York Times

WASHINGTON — A senior National Security Council aide on Thursday confirmed a key episode at the center of the impeachment inquiry, testifying that a top diplomat working with President Trump told him that a package of military assistance for Ukraine would not be released until the country committed to investigations the president sought.

In a closed-door deposition, the aide, Timothy Morrison, also said he had been told of a September call between Mr. Trump and the diplomat, Gordon D. Sondland. In that conversation, the president said he was not looking for a quid pro quo with Ukraine, but then went on to “insist” that the country’s president publicly announce investigations into Joseph R. Biden Jr. and his son and other Democrats.

William B. Taylor Jr., the top American diplomat in Ukraine, spoke of his alarm about the conversations during his private testimony last week, saying that he had been briefed about them by Mr. Morrison, the senior director for Europe and Russia for the National Security Council. Mr. Sondland, the ambassador to the European Union, has also given investigators a more limited account of his call with Mr. Trump.

Mr. Morrison’s confirmation of the conversations could be important for House Democrats as they seek to build their impeachment case against Mr. Trump. A publicly available, reconstructed transcript already shows that Mr. Trump pressed President Volodymyr Zelensky of Ukraine during a July 25 phone call to undertake the investigations of Democrats. Investigators are trying to establish whether Mr. Trump used $391 million in security aid and a coveted White House meeting with Mr. Zelensky as leverage in a pressure campaign to secure the inquiries.

But Mr. Morrison, a Trump political appointee and a former longtime Republican congressional aide, resisted making the kind of sweeping, often damaging judgments about what was taking place that Democrats have heard from other witnesses, and Republicans emerged calling him the most favorable witness they had heard from so far.

In his opening remarks, obtained by The New York Times, he did not draw conclusions about Mr. Trump’s involvement in the pressure tactics, pointing back repeatedly to Mr. Sondland, whose involvement in Ukraine policy he said he “did not understand.” In subsequent testimony, he said he did not view the July phone call between Mr. Trump and Mr. Zelensky as illegal or improper, but he found it striking enough to ask the National Security Council’s chief lawyer, John Eisenberg, to review it, in part out of a concern that a summary might leak out.

He did so, Mr. Morrison testified, because he worried about how disclosure of what was said in the call “would play out in Washington’s polarized environment,” how it could affect bipartisan backing for Ukraine in Congress, and “how it would affect the Ukrainian perceptions of the U.S.-Ukraine relationship.”

Rather than ascribe a political motive to the pressure campaign against Ukraine, as some witnesses have, Mr. Morrison characterized the behavior he saw as bad foreign policy of the sort that could potentially squander a “once-in-a-generation opportunity” afforded by the election of Mr. Zelensky, who campaigned as a reformer who would crack down on rampant corruption.

“Ambassador Taylor and I had no reason to believe that the public release of the security sector assistance might be conditioned on a public statement reopening the Burisma investigation until my Sept. 1, 2019, conversation with Ambassador Sondland,” Mr. Morrison said. “Even then I hoped that Ambassador Sondland’s strategy was exclusively his own and would not be considered by the leaders of the administration and Congress, who understood the strategic importance of Ukraine to our national security.”

Mr. Morrison’s testimony came as Democrats were moving to wrap up their closed portion of their inquiry in the coming week or so. As he met with investigators, they muscled through a resolution on the floor of the House endorsing the inquiry and laying out a path to move their work into the open and begin a debate over impeachment articles in the coming weeks. Republicans uniformly opposed the measure, which they said fell short of redeeming an illegitimate, politically motivated crusade by Democrats to undo the 2016 election.

What’s New in the Impeachment Case

Updated Oct. 31, 2019


    • The House voted 232-196 to endorse the Democratic-led impeachment inquiry into President Trump. The resolution sets out rules for the investigation, which will soon go public with hearings and the publication of documents.
    • Only two Democrats broke with their party to vote against the measure, a sign of how unified the caucus is on impeachment — and how much confidence it has in the evidence of Mr. Trump’s dealings with Ukraine. “This is not any cause for any glee or comfort,” Speaker Nancy Pelosi said. “What is at stake in all of this is nothing less than our democracy.”
    • Republicans, who for weeks had called for a vote, unanimously opposed the resolution, accusing it of attempting to undo the 2016 election. “Democrats are trying to impeach the president because they are scared they cannot defeat him at the ballot box,” Representative Kevin McCarthy, the House minority leader, said. “Why do you not trust the people?”
    • In closed-door testimony today, a National Security Council aide corroborated a key fact when he confirmed that Gordon Sondland, the ambassador to the European Union, said that a package of military assistance for Ukraine would not be released until the country committed to investigating the Bidens.
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Mr. Morrison appeared under subpoena despite a White House directive not to, according to an official involved in the inquiry who was not authorized to discuss it publicly. He told colleagues Wednesday on the eve of his appearance before impeachment investigators that he would leave his post.

Mr. Morrison has been weighing leaving the council for some time. He told investigators that he did “not want anyone to think there is a connection between my testimony today and my impending departure.”

He was the second White House official to testify before the inquiry this week, following Lt. Col. Alexander S. Vindman, a Ukraine expert at the National Security Council.

Mr. Taylor testified last week that Mr. Morrison had informed him in early September of a meeting in Warsaw between Mr. Sondland and a top aide to Mr. Zelensky. Mr. Sondland told the Ukrainian aide that the United States would provide the security assistance package only if Mr. Zelensky committed to investigate allegations related to Mr. Biden and his son Hunter, who sat on the board of Burisma, a Ukrainian energy company.

Mr. Sondland claimed in testimony that he failed to appreciate that Burisma was directly tied to Hunter Biden.

Mr. Morrison did depart in one respect from that account, telling investigators that he remembered Mr. Sondland’s remarks slightly differently. He thought Mr. Sondland said Ukraine’s prosecutor general, not Mr. Zelensky, needed to open the inquiry.

Mr. Taylor also testified that, a few days later, Mr. Morrison told him that he had learned of a conversation between Mr. Sondland and Mr. Trump that Mr. Morrison had said gave him a “sinking feeling.” In it, Mr. Trump had told Mr. Sondland that he was not asking for a “quid pro quo” from Ukraine, but then went on to “insist” that Mr. Zelensky publicly announce an investigation into both the Bidens and an unproven theory that Democrats had colluded with Ukraine in the 2016 elections.

Subpoenas and Requests for Evidence in the Trump Impeachment Inquiry

The status of the documents and witness testimony being collected by congressional investigators.

Mr. Morrison told investigators that he first learned that Mr. Trump and people around him might have motives beyond official United States policy when he took over as senior director for Europe and Russia on the National Security Council from his predecessor, Fiona Hill.

“Dr. Hill told me that Ambassador Sondland and President Trump’s personal lawyer, Rudy Giuliani, were trying to get President Zelensky to reopen Ukrainian investigations into Burisma,” he said. “At the time, I did not know what Burisma was or what the investigation entailed.”

He said he later worked to persuade Mr. Trump to release the security aid. Mr. Trump froze the aid in July and kept it that way until September, despite the objections of officials at the Defense and State Departments who viewed it as a crucial resource to help Ukraine in its military conflict with Russia.

“Ambassador Taylor and I were concerned that the longer the money was withheld, the more questions the Zelensky administration would ask about the U.S. commitment to Ukraine,” Mr. Morrison said.

Mr. Morrison said he did not have reason to believe Ukraine’s leaders knew the aid had been suspended until it was publicly reported at the end of August.

thttps://www.nytimes.com/2019/10/31/us/politics/morrison-testimony-impeachment.html

New Poll Highlights Risks for Democrats

Byron York

There’s no doubt Democrats in Washington are hell-bent on impeaching President Trump over the Ukraine matter. But after weeks of polling, it is still unclear precisely what Americans outside the Beltway think.

Much depends on how pollsters ask their questions. Some are straightforward, while others are a bit more complicated. But in the last few weeks, many have asked a variation of: “Do you support or oppose impeaching President Trump?” A new poll, however, done by Suffolk University for USA Today, gets at some of the nuance behind public opinion on the president and Ukraine.

The Suffolk pollsters gave 1,000 registered voters an opportunity to choose among three options regarding impeachment. Which did respondents personally prefer?

“B. The House should continue investigating Trump, but not vote to impeach him.

“C. Congress should drop its investigations into President Trump and administration.”

Thirty-six percent of those polled said the House should vote to impeach; 22 percent said the House should continue investigation but not impeach; and 37 percent said the House should drop its investigations. The last 5 percent did not have an answer or refused to give one.

Looking inside the results, there are some major differences based on party, gender, race and more.

Seventy percent of Democrats said the House should vote to impeach, while just 8 percent of Republicans and 22 percent of independents favored an impeachment vote.

Twenty-one percent of Democrats favored more investigation but not impeachment, while 15 percent of Republicans and 34 percent of independents agreed.

And just 8 percent of Democrats favored dropping the House investigations altogether, while 71 percent of Republicans and 36 percent of independents favored the no-more-investigations option.

Forty-one percent of women supported a House vote to impeach, while just 31 percent of men did. Forty-two percent of men wanted to see the investigation dropped entirely, versus 32 percent of women.

Thirty percent of the white voters and 38 percent of Hispanic voters polled wanted a House impeachment vote, versus 73 percent of black voters. Forty-five percent of white voters wanted the matter dropped, along with 28 percent of Hispanic voters, while just 7 percent of black voters favored that result.

The overall message of the poll is that there is a range of opinions among voters that is more complex than much of the yes-impeach-no-don’t-impeach commentary in the media today. But the Suffolk questions do leave at least one issue unclear.

The opinions of those who want a House impeachment vote, as well as those who want the House to drop its investigations altogether, are pretty clear. But what about those who say the House should “continue investigating Trump, but not vote to impeach him”?

Fortunately, another question in the poll sheds some light on that. It is about the infamous phone conversation between Trump and Ukrainian President Volodymyr Zelensky:

“The White House has released a transcript summary of a July 25th phone call in which President Trump encouraged the Ukrainian president to pursue investigations involving Democratic rival Joe Biden, and hacking allegations in the 2016 election. Which comes closest to your view? A. The phone conversation is an impeachable offense. B. The phone conversation was wrong, but doesn’t rise to an impeachable offense. C. There was nothing wrong with the phone conversation.”

Thirty-eight percent said the conversation is an impeachable offense. Twenty-one percent said the conversation was wrong, but not impeachable. And 31 percent said there was nothing wrong with the conversation. Ten percent were undecided.

That means, at the moment, according to Suffolk, there is a bare majority that does not believe Trump should be impeached for the phone call — which, of course, is the heart of the Democrats’ impeachment effort. The number that believes the call is an impeachable offense, 38 percent, is well below what could be called a groundswell. The 10 percent who haven’t decided are important.

The Suffolk numbers suggest many Americans hold complex views of the Trump impeachment. Some are fine with continued investigation, although large numbers don’t believe they have yet seen an impeachable offense. The numbers of people who are ready to impeach Trump now, or who believe the whole thing should be called off, are not big enough to win the day.

Just as they did after the release of the Mueller report, Democrats now hope televised hearings will convince Americans Trump must be impeached. It didn’t work out before. Now, the Suffolk poll suggests Democrats should be cautious as they try again.

Hillary Clinton and Ukraine

A letter released Monday raises questions beyond the Bidens.

Former U.S. Secretary of State Hillary Clinton at Georgetown University on Friday. PHOTO: WIN MCNAMEE/GETTY IMAGES

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.

The authors reported that Ukrainian government officials “helped Clinton’s allies research damaging information on Trump and his advisers” with the goal of “advancing the narrative that Trump’s campaign was deeply connected to Ukraine’s foe to the east, Russia.”

With the benefit of hindsight and the results of the Mueller investigation, it’s now clear that there was no evidence of Trump campaign collusion with Russia. What is not clear and what demands further investigation is how this baseless claim managed to consume the first two years of an American presidency.

Among the questions to resolve: the Politico story featured what appear to be contradictory statements about the level of help provided to Democrats by people who worked at the Ukrainian embassy in Washington in 2016. “Politico’s investigation found evidence of Ukrainian government involvement in the race that appears to strain diplomatic protocol dictating that governments refrain from engaging in one another’s elections,” according to the report.

The reporting certainly appears solid but one should not simply accept all the particulars of the Politico story as proven fact, just as—to take an extreme example—a reasonable person would not authorize the wiretap of an opposition political campaign based on a dispatch from Yahoo News. But the Politico piece may be helpful in figuring out exactly how the surveillance tools of America’s national security apparatus were turned against the party out of power in 2016.

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

Story 3: Long Term China Deal Not Likely Any Time Soon With Chinese Communist Party — Short Term Deal Only — Maximum Pressure Required — Trust But Verify — Enforcement of Any Agreement Is Essential and Chinese Will Never Comply With Any Enforcement Language — Escalloping Trade War Between United States and Chinese Communist Party  Leading to Total Embargo of Trade With Communist China — All Talk and More Talk — Time To Walk Out — Videos

See the source image

See the source image

See the source image

China is more relieved than happy on US-China trade deal: Michael Pillsbury

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Are the US and China Decoupling? What are the Consequences for the Global Order?

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Here’s how Beijing is reacting to the ‘phase one’ US-China trade deal

Stealth War: How China Took Over While America's Elite Slept

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Trump: China will probably try to delay trade deal until US election

How to Win the US China Trade War & Communist China’s Broader Stealth War On America-Robert Spalding

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Is the US-China Trade War a Cold War? (w/ Kyle Bass and Gen. Robert Spalding)

Communist Party of China could ‘start by improving their human rights’

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China sees Trump as a weak president: Michael Pillsbury

China May Not Be As Strong As You Think

 

Deal to end bitter trade war between Washington and Beijing might not be ready in time for President Trump and China’s Xi to sign it next month as planned, US official warns

  • Washington and Beijing are producing a text to sign at APEC summit next month
  • ‘If it’s not signed in Chile, that doesn’t mean that it falls apart,’ official said today 
  • The deal hopes to bring to an end a nearly 16-month trade war with China 
  • US stocks slumped after potential stall to negotiations was reported by Reuters

A trade agreement between the US and China might not be completed in time for its planned signing next month at a summit in Chile, a US official warned today.

Negotiators in Washington and Beijing are working to finalize agreements for President Donald Trump and China’s Xi Jinping to sign at the Asia-Pacific Economic Cooperation summit on the weekend of November 16.

Trump, Treasury Secretary Steven Mnuchin and other top US officials have all said good progress is being made on the deal after a nearly 16-month trade war, while also noting that it would be fine if it was not completed by the APEC summit.

‘If it’s not signed in Chile, that doesn’t mean that it falls apart. It just means that it’s not ready,’ the administration official said. ‘Our goal is to sign it in Chile. But sometimes texts aren’t ready. But good progress is being made and we expect to sign the agreement in Chile.’

President Donald Trump smiles at Chinese President Xi Jinping as he shakes his hand during a meeting on the sidelines of the G20 summit in Osaka in June

President Donald Trump smiles at Chinese President Xi Jinping as he shakes his hand during a meeting on the sidelines of the G20 summit in Osaka in June

Deal to end US-China trade war may not be ready for leaders’ signing

White House spokesman Judd Deere said both sides were still working to complete the interim deal.

‘As the president said several weeks ago, we have reached a phase-one agreement with the Chinese, and both sides are working to finalize the text for a signing in Chile,’ he said.

In Beijing, foreign ministry spokesman Geng Shuang said the two nations’ lead trade negotiators would hold another telephone call shortly while working-level consultations continued at a fast pace.

‘It is China’s hope that the two sides can find a way to resolve the economic and trade issues on the basis of mutual respect, equality and mutual benefit,’ he told a daily briefing on Wednesday.

US stocks turned negative after Reuters reported the administration official’s comments, as investors bet the closely watched trade talks were further away from resolution.

The interim trade agreement announced by Trump on October 11 had buoyed markets, promising relief for companies rocked by nearly 16 months of tit-for-tat tariffs that have slowed global growth to its slowest since the 2008-2009 financial crisis.

Stocks rally, White House calls China trade talks ‘productive’

The South China Morning Post, citing a person briefed on the arrangements, said on Tuesday the leaders of the world’s two largest economies were tentatively set to sign the interim trade deal on November 17 ‘if everything goes smoothly.’

A U.S.-based source confirmed that was the target date for a meeting, but the administration official cautioned that the text might not be completed in time.

White House adviser Jared Kushner, Trump’s son-in-law, told an investment panel in Riyadh that U.S. Trade Representative Robert Lighthizer and Mnuchin ‘have made a fabulous deal’ with Beijing.

‘I think people understand the president, that he’s firm. They know that he’s going to make the decisions that he thinks are right, and I think ultimately that we’ve come to an understanding with China now on where we want to head.’

Lighthizer said on Friday Washington and Beijing are ‘close to finalizing’ some sections of a trade pact after a phone call between top negotiators.

President Trump and China's Xi are joined by their respective aides at a meeting at the G20 summit in Osaka earlier this year

President Trump and China’s Xi are joined by their respective aides at a meeting at the G20 summit in Osaka earlier this year

U.S. officials have said the deal is to cover Chinese purchases of U.S. agricultural goods, intellectual property protections, currency practices and increased access for U.S. companies to China’s financial services market.

Jude Blanchette, a fellow at the Center for Strategic and International Studies, said the phase one deal was restoring the status quo to before the trade war began in 2017, calling into question how much progress had actually been made.

Tougher issues, such as China’s industrial policy, subsidies for state-owned enterprises and forced technology transfers had been deferred, he said.

‘The can has been kicked down to a phase two or phase three, but we’re really just wondering if we’re going to get through phase one,’ he said.

https://www.dailymail.co.uk/news/article-7630397/Deal-end-bitter-China-trade-war-not-ready-time-presidents-sign-month.html

 

Air Force general behind 5G memo leaves White House

Air Force Brig. Gen. Robert Spalding

U.S. AIR FORCE

The author of a memo arguing for a government takeover of development of the nation’s 5G mobile network has been removed from the National Security Council staff. The memo’s unauthorized release this week caused uproar in the telecom community and created embarrassment for the White House.

A senior administration official confirmed that Air Force Brig. Gen. Robert Spalding is no longer serving as NSC senior director for strategic planning. Spalding was not fired, according to the official, who said his detail had ended and was not renewed. His last day as a White House staffer was Jan. 31. Spalding was not implicated in the leak of the memo, but officials said his advocacy for the plan had gone beyond his role, contributing to the NSC leadership’s decision to send him back to the Air Force.

Spalding was informed that his White House tenure was ending last week, the senior administration official said, before his memo and PowerPoint proposal were leaked. The Jan. 28 Axios story sparked alarm, drawing opposition from major telecom companies and catching the White House off guard.

Another senior administration official said there was considerable upheaval inside the White House this week after the 5G memo story broke. Although it is unclear whether Spalding leaked the memo, because he had shared it so widely, some officials judged him responsible.

White House Press Secretary Sarah Huckabee Sanders told reporters Jan. 29 that consideration of the plan was at its “earliest stages” and the administration was nowhere near a decision. FCC Chairman Ajit Pai said spending federal dollars to build a 5G network would be a “costly and counterproductive distraction” from the competitive, market-driven approach that was needed.

“There is nothing that would slam the brakes more quickly on our hard-won momentum to be the leader in the global race for 5G network deployment,” Jonathan Spalter, chief executive of the industry trade group USTelecom, said in a statement.

Spalding was known both inside and outside the administration as a China hawk. From 2014 to 2016 he led the China division at the Joint Chiefs of Staff and before joining the Trump White House he was the U.S. defense attaché at the U.S. Embassy in Beijing. One key argument for Spalding’s 5G plan was that only the government can properly defend technological infrastructure from Chinese interference.

There are no plans to replace Spalding, officials said. Spalding declined to comment.

https://www.stripes.com/news/us/air-force-general-behind-5g-memo-leaves-white-house-1.509849

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The Pronk Pops Show 1347, October 29, 2019, Story 1: Army Lieutenant Colonel Alexander Vindman Testifies on Trump Call To Ukraine on July 25, 2019 — Wanted Edits That Do Not Change Substance of Conversation — Big Nothing — Not Vindman’s Job — Videos — Story 2: Democrat New Procedures Resolution on Impeachment Inquiry of Trump — Losing American People With Single Party Behind Closed Doors Star Chamber Kangaroo Court — Fundamentally Unfair and Lacks Due Process — Videos — Story 3: Imperial Presidency of Donald J. Trump — Beyond The Rule of Law — Videos —

Posted on October 31, 2019. Filed under: 2020 Democrat Candidates, 2020 President Candidates, 2020 Republican Candidates, Addiction, Addiction, Addiction, American History, Banking System, Barack H. Obama, Bernie Sanders, Blogroll, Breaking News, Bribes, Budgetary Policy, Cartoons, Central Intelligence Agency, Clinton Obama Democrat Criminal Conspiracy, Congress, Constitutional Law, Corruption, Countries, Crime, Cruise Missiles, Culture, Deep State, Defense Spending, Donald J. Trump, Donald J. Trump, Donald J. Trump, Donald Trump, Drones, Economics, Elections, Elizabeth Warren, Empires, Employment, Energy, Environment, Federal Bureau of Investigation (FBI), Federal Government, Fifth Amendment, First Amendment, Fiscal Policy, Foreign Policy, Former President Barack Obama, Fourth Amendment, Freedom of Speech, Genocide, Government, Government Dependency, Government Spending, Health, High Crimes, Hillary Clinton, Hillary Clinton, History, House of Representatives, Human, Human Behavior, Illegal Immigration, Immigration, Impeachment, Independence, Investments, Joe Biden, Killing, Language, Law, Legal Immigration, Life, Lying, Media, Mental Illness, Military Spending, MIssiles, Monetary Policy, National Interest, National Security Agency, Natural Gas, Natural Gas, News, Oil, Oil, People, Pete Buttigieg, Philosophy, Photos, Politics, Polls, President Trump, Progressives, Public Corruption, Radio, Raymond Thomas Pronk, Resources, Rule of Law, Scandals, Second Amendment, Security, Senate, Spying, Subornation of perjury, Surveillance and Spying On American People, Surveillance/Spying, Tax Policy, Taxation, Taxes, Terror, Terrorism, Treason, Trump Surveillance/Spying, Ukraine, Unemployment, United States Constitution, United States of America, United States Supreme Court, Vessels, Videos, Violence, War, Wealth, Weapons, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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President Trump took to Twitter on Tuesday to denounce the probe as a 'sham,' adding: 'Why are people that I never even heard of testifying about the call'

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Story 1: Army Lieutenant Colonel Alexander Vindman Testifies on Trump Call To Ukraine on July 25 — Wanted Edits That Do Not Change Substance of Conversation — Big Nothing — Commander in Chief Trump — Stay Out of Politics Vandman The President Did Nothing Wrong — No Evidence of Any Wrongdoing — Videos —

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Army official claims several edits left out of Trump-Ukraine call transcript

The national security official who testified Tuesday before House lawmakers in the Trump impeachment probe revealed how key words and phrases were omitted from the transcript of the July phone call between President Trump and Ukraine’s president, a report said.

Lt. Col. Alexander Vindman, the top Ukraine expert on the National Security Council, also told lawmakers that his bid to completely restore the omissions failed, three people familiar with his testimony told the New York Times.

But some of the decorated Army officer’s edits were in fact amended, he said Tuesday.

It’s unclear why the two edits were never made and Vindman didn’t testify about a motive, but the Times notes the omissions don’t alter lawmakers’ interpretation of the call.

The two exclusions regarded Trump’s contention of the presence of a tape with former Vice President Joe Biden discussing Ukraine corruption — and a mention by Ukraine President Volodymyr Zelensky of the company whose board Hunter Biden sat on, Burisma Holdings.

The Biden video reference is reflected in a third ellipsis present in the call’s transcript when the president is speaking, Vindman told investigators.

The president, the Times reports, was likely referring to Biden’s January 2018 remarks about his effort to get Ukraine to oust its prosecutor general, Viktor Shokin.

It’s possible Vindman’s two transcript edits weren’t made since the document was placed into a secure server, preventing further corrections, the report said.

The transcript wasn’t derived from a recording, but instead from note-takers listening in and voice recognition software.

During hours of questioning Tuesday, Vindman also said he “did not think it was proper”for Trump to ask Zelensky to investigate his Democratic political foe.

https://nypost.com/2019/10/29/army-official-claims-several-edits-left-out-of-trump-ukraine-call-transcript/

 

Colonel testifies he raised concerns about Ukraine, Trump

By LISA MASCARO, MARY CLARE JALONICK and COLLEEN LONG

Defying White House orders, an Army officer serving with President Donald Trump’s National Security Council testified to impeachment investigators Tuesday that he twice raised concerns over the administration’s push to have Ukraine investigate Democrats and Joe Biden.

Alexander Vindman, a lieutenant colonel who served in Iraq and later as a diplomat, is the first official to testify who acwith new Ukrainian President Volodymyr Zelenskiy. He reported his concerns to the NSC’s lead counsel, he said in his prepared remarks.

His arrival in military blue, with medals , created a striking image at the Capitol as the impeachment inquiry reached deeper into the White House.

“I was concerned by the call,” Vindman said, according to his testimony obtained by The Associated Press. “I did not think it was proper to demand that a foreign government investigate a U.S. citizen, and I was worried about the implications for the U.S. government’s support of Ukraine.”

Vindman, a 20-year military officer, added to the mounting evidence from other witnesses — diplomats, defense and former administration officials — who are corroborating the initial whistleblower’s complaint against Trump and providing new details ahead of a House vote in the impeachment inquiry.

Youtube video thumbnail

“Every person has put it in higher resolution,” said Rep. Denny Heck, D-Wash., during a break in the daylong session.

“That’s the story: There’s not like a new headline out of all of these,” said Rep. Tom Malinowski, D-N.J. “Every single witness, from their own advantage point, has corroborated the central facts of the story we’ve heard.”

The inquiry is looking into Trump’s call, in which he asked Zelenskiy for a “favor” — to investigate Democrats — that the Democrats say was a quid pro quo for military aid and could be an impeachable offense.

With the administration directing staff not to appear, Vindman was the first current White House official to testify before the impeachment panels. He was issued a subpoena to appear.

Trump took to Twitter Tuesday to denounce the probe as a “sham,” adding: “Why are people that I never even heard of testifying about the call. Just READ THE CALL TRANSCRIPT AND THE IMPEACHMENT HOAX IS OVER!”

Vindman, who arrived in the United States as a 3-year-old from the former Soviet Union, said that it was his “sacred duty” to defend the United States.

Some Trump allies, looking for ways to discredit Vindman, questioned the colonel’s loyalties because he was born in the region. But the line of attack was rejected by some Republicans, including Rep. Liz Cheney, who said it was “shameful” to criticize his patriotism.

Sen. Mitt Romney, R-Utah called the slams on Vindman “absurd, disgusting and way off the mark. This is a decorated American soldier and he should be given the respect that his service to our country demands.”

The testimony came the day after Speaker Nancy Pelosi announced the House would vote on a resolution to set rules for public hearings and a possible vote on articles of impeachment.

Thursday’s vote would be the first on the impeachment inquiry and aims to nullify complaints from Trump and his allies that the process is illegitimate and unfair.

White House Press Secretary Stephanie Grisham said the resolution merely “confirms that House Democrats’ impeachment has been an illegitimate sham from the start as it lacked any proper authorization by a House vote,”

Senate Majority Leader Mitch McConnell said he and other GOP lawmakers will review the resolution to see if it passes a “smell test” of fairness to Trump.

The session Tuesday grew contentious at times as House Republicans continued trying to unmask the still-anonymous whistleblower and call him or her to testify. Vindman said he is not the whistleblower and does not know who it is.

GOP Rep. Jim Jordan of Ohio acknowledged Republicans were trying to get Vindman to provide the names of others he spoke to after the July 25 phone call, in an effort to decide whom to call to testify. “He wouldn’t,” Jordan said.

In his prepared remarks, Vindman testified that in spring of this year he became aware of “outside influencers” promoting a “false narrative of Ukraine” that undermined U.S. efforts, a reference in particular to Trump’s personal lawyer, Rudy Giuliani.

He first reported his concerns after a July 10 meeting in which U.S. Ambassador to the European Union Gordon Sondland stressed the importance of having Ukraine investigate the 2016 election as well as Burisma, a company linked to the family of Biden, a 2020 Democratic presidential candidate.

Vindman says he told Sondland that “his statements were inappropriate, that the request to investigate Biden and his son had nothing to do with national security, and that such investigations were not something the NSC was going to get involved in or push.”

That differs from the account of Sondland, a wealthy businessman who donated $1 million to Trump inauguration and testified before the impeachment investigators that no one from the NSC “ever expressed any concerns.” Sondland also testified that he did not realize any connection between Biden and Burisma.

For the call between Trump and Zelenskiy, Vindman said he listened in the Situation Room with colleagues from the NSC and Vice President Mike Pence’s office. He said he again reported his concerns to the NSC’s lead counsel.

He wrote, “I realized that if Ukraine pursued an investigation into the Bidens and Burisma, it would likely be interpreted as a partisan play which would undoubtedly result in Ukraine losing the bipartisan support it has thus far maintained. This would all undermine U.S. national security.”

Vindman served as the director for European affairs and a Ukraine expert under Fiona Hill, a former official who testified earlier in the impeachment probe. Hill worked for former national security adviser John Bolton.

He told investigators that Ukraine, in trying to become a vibrant democracy integrated with the West, is a bulwark against overt Russian aggression.

Vindman attended Zelenskiy’s inauguration with a delegation led by Energy Secretary Rick Perry, and he and Hill were both part of a Ukraine briefing with Sondland that others have testified irritated Bolton at the White House.

“I am a patriot, and it is my sacred duty and honor to advance and defend OUR country, irrespective of party or politics,” wrote Vindman, who was wounded in Iraq and awarded a Purple Heart.

“For over twenty years as an active duty United States military officer and diplomat, I have served this country in a nonpartisan manner, and have done so with the utmost respect and professionalism for both Republican and Democratic administrations,” he wrote.

https://apnews.com/c45cb728edf84d96adf9a88e98979c51

‘Our mother died so we came here’: How Ken Burns doc filmed 10-year-old Alexander Vindman six years after he arrived from the Soviet Union in 1985 – as his allegiance to America is questioned

  • A 1985 documentary featuring Lt. Col. Alexander Vindman as a 10-year-old boy from the former Soviet Union has been unearthed by the Washington Post
  • A clip from acclaimed filmmaker Ken Burn’s documentary The Statue of Liberty shows Vindman and his twin brother shortly after arriving to the U.S. 
  • ‘Our mother died, so we went to Italy,’ one of the Vindman boys says, ‘And then we came here’
  • Vindman testified the White House omitted key words and phrases from the transcript of Trump’s call with President Zelensky of Ukraine
  • Vindman, who is a Purple Heart holder and  National Security Council official, has been questioned on his allegiance to the U.S. by pro-Trump pundits 
  • Director Ken Burns tweeted Tuesday, ‘I remember the Vindman boys fondly. Theirs is the story of America at its best’ 

Decades before the National Security Council’s top Ukraine expert, Lt. Col. Alexander Vindman testified about what he heard in Trump’s controversial phone call with the Ukrainian president, he appeared as a 10-year-old boy in a documentary about immigrants in America.

A clip from acclaimed filmmaker Ken Burns’ Academy-Award nominated 1985 documentary The Statue of Liberty has been unearthed by the Washington Post and features a 10-year-old Vindman with his twin brother, Yevgeny.

The boys are seen sitting on a bench in Brighton Beach, New York, when one tells the camera they’re from Russia and the other says they’re from Kyiv, now the capital of Ukraine.

‘Our mother died, so we went to Italy,’ one of the Vindman boys says, ‘And then we came here.’

This comes as Vindman – a Purple Heart veteran and White House official – is being questioned over his allegiance to the U.S. in the wake of his testimony about the call.

UNUMKenBurns@UNUMKenBurns

As @pbump of @washingtonpost unearthed today, Army Lt. Col. Vindman, who is testifying before Congress today, was featured as a young boy in the @KenBurns Academy Award-nominated doc “The Statue of Liberty” in 1985.

Watch the full clip on UNUM here: https://to.pbs.org/2Ns6HJQ 

 

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A clip from acclaimed filmmaker Ken Burns' documentary The Statue of Liberty shows Vindman and his twin brother shortly after arriving to the U.S.

A clip from acclaimed filmmaker Ken Burns’ documentary The Statue of Liberty shows Vindman and his twin brother shortly after arriving to the U.S.

Vindman testified the White House omitted key words and phrases from the transcript of Trump's call with President Zelensky of Ukraine

Director Ken Burns tweeted Tuesday the Vindmans' story is 'America at its best'

Director Ken Burns tweeted Tuesday, ‘I remember the Vindman boys fondly. Theirs is the story of America at its best.’

The Vindmans were three years old when they arrived from the former Soviet Union to the U.S. and have since dedicated their lives to serving America, with Vindman declaring in his opening statement Tuesday that it is his ‘sacred duty’ to defend the United States.

'Our mother died, so we went to Italy,' one of the Vindman boys says in the documentary, 'And then we came here'

‘Our mother died, so we went to Italy,’ one of the Vindman boys says in the documentary, ‘And then we came here’

According to the Washington Post, both Alexander and Yevgeny Vindman ended up working for the White House under President Trump, served in the U.S. Army, and now work for the National Security Council.

But that hasn’t stopped right wing political pundits from questioning Vindman’s loyalty to the U.S. as he now appears to be a new threat to President Trump.

Fox News host Laura Ingraham attacked Vindman on her show Tuesday night, suggesting he is un-American.

‘Here we have a U.S. national security official who is advising Ukraine while working inside the White House, apparently against the president’s interests, and usually they spoke in English,’ Ingraham said. ‘Isn’t that kind of an interesting angle on the story?’

Her guest John Yo, who worked in the George W. Bush administration went as far as to call it ‘astounding’ and ‘espionage’.

President Trump took to Twitter on Tuesday to denounce the probe as a ‘sham,’ adding: ‘Why are people that I never even heard of testifying about the call. Just READ THE CALL TRANSCRIPT AND THE IMPEACHMENT HOAX IS OVER!’

Fox and Friends’ host Brian Kilmeade painted Vindman as a Ukraine sympathizer. ‘We also know he was born in the Soviet Union, immigrated with his family, young. He tends to feel simpatico with the Ukraine,’ he said.

CNN commentator Sean Duffy suggested Vindman has an ‘affinity’ for Ukraine, saying: ‘He speaks Ukrainian. He came from the country and he wants to make sure they’re safe and free.’

President Trump took to Twitter on Tuesday to denounce the probe as a 'sham,' adding: 'Why are people that I never even heard of testifying about the call'

President Trump took to Twitter on Tuesday to denounce the probe as a ‘sham,’ adding: ‘Why are people that I never even heard of testifying about the call’

Fox News host Laura Ingraham attacked Vindman on her show Tuesday night, labeling him un-American

Fox News host Laura Ingraham attacked Vindman on her show Tuesday night, labeling him un-American

Vindman insists Zelensky specifically mentioned Burisma Holdings, telling investigators he tried to have the White House's transcript changed to include the missing reference

Vindman insists Zelensky specifically mentioned Burisma Holdings, telling investigators he tried to have the White House’s transcript changed to include the missing reference

Vindman was the first current White House official to testify before the impeachment panels, after being issued a subpoena.

He said in his opening statement: ‘My family fled the Soviet Union when I was three and a half years old. Upon arriving in New York City in 1979, my father worked multiple jobs to support us, all the while learning English at night.

‘He stressed to us the importance of fully integrating into our adopted country. For many years, life was quite difficult. In spite of our challenging beginnings, my family worked to build its own American Dream.

‘I have a deep appreciation for American values and ideals and the power of freedom. I am a patriot, and it is my sacred duty and honor to advance and defend OUR country, irrespective of party or politics.’

He went on to tell House impeachment investigators that the White House transcript of the July call between Trump and Ukraine’s president omitted crucial words or phrases that he tried, but failed, to restore.

Dressed in his dark blue Army uniform with military medals displayed proudly across his chest, Vindman didn’t suggest a motive behind the editing process during his more than 10-hour testimony Tuesday, though his claims will likely prompt investigators to further scrutinize how officials handed the call

Dressed in his dark blue Army uniform with military medals displayed proudly across his chest, Vindman didn’t suggest a motive behind the editing process during his more than 10-hour testimony Tuesday, though his claims will likely prompt investigators to further scrutinize how officials handed the call

Such omissions, Vindman said, included Trump’s proclamation that there were recordings of former Vice President Joe Biden discussing Ukrainian corruption, and the country’s president, Volodymyr Zelensky, directly mentioning the energy company who employed Hunter Biden to its board, Burisma Holdings

Such omissions, Vindman said, included Trump’s proclamation that there were recordings of former Vice President Joe Biden discussing Ukrainian corruption, and the country’s president, Volodymyr Zelensky, directly mentioning the energy company who employed Hunter Biden to its board, Burisma Holdings

The omissions, Vindman said, included Ukraine president Volodymyr Zelensky mentioning by name the energy company that once employed Hunter Biden to its board, Burisma Holdings.

‘He or she will look into the situation, specifically to the company that you mentioned in this issue,’ the White House’s transcript quotes Zelensky saying.

However, Vindman insists Zelensky specifically mentioned Burisma, telling investigators he tried to have the White House’s transcript changed to include the missing reference but the amendment was never made.

The rough transcript also contains ellipses in three instances where Trump is talking, which again Vindman says he tried to amend. He told investigators the third set of ellipses relates to Trump speaking about alleged recordings of former Vice President Joe Biden boasting about illegal Ukraine funding.

Vindman, who was listening in on the call from the White House Situation Room along with other members of Vice President Pence’s staff, said he was so ‘concerned by the call’ — and the idea the president’s request could be seen as ‘a partisan play’ that could ‘undermine U.S. national security’ — that he reported it to the NSC’s lead counsel.

‘I was concerned by the call,’ Vindman said. ‘I did not think it was proper to demand that a foreign government investigate a U.S. citizen, and I was worried about the implications for the U.S. government’s support of Ukraine.’

REFUGEE WITH A BRILLIANT MILITARY CAREER: LT. COL VINDMAN’S COMBAT SERVICE

Army Lt. Col Alexander Vindman has a long military career as an infantry officer who has seen combat and diplomatic service.

Born in Ukraine, his mother died before he was three and his father took his older brother, his twin Eugene and his grandmother to the U.S. to escape persecution of Jews in the Soviet Union. They settled in Brighton Beach, Brooklyn, New York, an area known as Little Odessa.

He and his twin featured in the Ken Burns documentary, America, in a picture emblematic of the immigrant dream. 

Alexander Vindman joined the Army in 1998, after graduating from the State University of New York, and was commissioned the next year from Cornell University.

After basic training at Fort Benning in Georgia, he was deployed first to South Korea as a junior infantry and anti-armor officer.

He saw combat in 2003 and was wounded, gaining the purple star. Other foreign deployments include to Germany and he has a series of medals for his service.

Fluent in Ukrainian and Russian, he has a degree from Harvard in Eastern European Studies and since 2008 has held diplomatic posts for the Army.

Here is what his Army Service Uniform shows about what he has achieved. 

On the left of his uniform he wears awards given to him as an individual: 

Top row of ribbons: Purple Heart, awarded in 2003 after being wounded in an IED attack in Iraq. 

Defense Meritorious Service Medal with oak leaf. For distinguishing himself in non-combat operations; awarded twice.

Second row: Meritorious Service Medal – given to officers ranked major and above for outstanding service; can be awarded for combat but unknown if Vindland’s was. 

Army Commendation Medal with three oak leaves – for sustained acts of heroism or meritorious service; Vindland has been awarded it four times.

 Army Achievement Medal with oak leaf – for meritorious service as a junior officer. Awarded twice.

Third row: National Defense Service Medal – for honorable service since September 11, 2001.

Global War On Terror Expeditionary Medal – given for being deployed to Iraq.

Global War On Terror Service Medal – given for support duty to combat operations in Iraq or Afghanistan, or both. 

Fourth row: Korean Defense Service Medal – for serving in Korea as an infantry officer in 2000. Army Service Ribbon – for completing training as an officer. Army Overseas Service Ribbon – for having served abroad.

Below (left): Ranger tab –  meaning he completed the tough 61-day Ranger School course in small-unit infantry fighting.

Below (right): Parachutist wings: Is qualified to go into action in airborne operations.

Badge of the Joint Chiefs of Staff. Vindman works for the Joint Chiefs in the National Security Council.

On the right of his uniform, Vindman wears decorations awarded to units he has served in:

First row of ribbons: Joint Meritorious Unit Award. Equivalent to the Defense Superior Service Medal for an individual.

Second row of ribbons (from left): Valorous Unit Award. Equivalent to the Silver Star for an individual. 

Navy Unit Commendation – suggests that he was attached to a Navy unit during his career. 

Unknown. 

Commander in Chief

The President shall be Commander in Chief of the Army and Navy of the United States….

ARTICLE II, SECTION 2, CLAUSE 1

Teacher’s Companion Lesson (PDF)

Few constitutional issues have been so consistently and heatedly debated by legal scholars and politicians in recent years as the distribution of war powers between Congress and the President. As a matter of history and policy, it is generally accepted that the executive takes the lead in the actual conduct of war. After all, a single, energetic actor is better able to prosecute war successfully than a committee; the enemy will not wait for deliberation and consensus. At the same time, the Founders plainly intended to establish congressional checks on the executive’s war power. Between these guideposts is a question of considerable importance: Does the Constitution require the President to obtain specific authorization from Congress before initiating hostilities?

Article II, Section 1, Clause 1, vests the entirety of the “executive Power” in a single person, the President of the United States. By contrast, under Article I Congress enjoys only those legislative powers “herein granted.” Scholars generally agree that this vesting of executive power confers upon the President broad authority to engage in foreign relations, including war, except in those areas in which the Constitution places authority in Congress. The debate, then, is over the extent of Congress’s constitutional authority to check the President in matters of war.

Article II, Section 2, expressly designates the President as “Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.” Presidential power advocates argue that this provision confers substantive constitutional power upon the executive branch to engage military forces in hostilities. The executives throughout British history as well as in the colonial governments and several of the states prior to the Constitution generally enjoyed such power. In contrast, the Articles of Confederation did not provide for a separate executive branch and thus gave “the sole and exclusive right and power of determining on peace and war” to Congress.

The presumption of presidential initiative in war established by these two provisions of Article II appears to be bolstered by other constitutional provisions. Article I, Section 10, Clause 3, expressly prohibits states from “engag[ing] in War, unless actually invaded, or in such imminent Danger as will not admit of delay” unless they have obtained the “Consent of Congress.” By contrast, no such limitation on engagement in war by the President can be found in Article II. Although Article II expressly authorizes the President to engage in other foreign relations powers (such as the making of treaties and the appointment of ambassadors) only with the consent of Congress, it imposes no such check with respect to the use of military force.

The lack of an express consent requirement for executive initiation of hostilities is particularly meaningful in light of preconstitutional American practice. America’s earliest years were haunted by fear of executive tyranny, following the recent experience of living under British rule, and that fear was reflected in several of the legal charters preceding the United States Constitution. Under the Articles of Confederation, the United States could not “engage in any war” absent the consent of nine states. The constitution of South Carolina expressly provided that the state’s executive could neither “commence war” nor “conclude peace” without legislative approval. Other states limited executive war power differently through a variety of structural limitations, such as frequent election, term limits, and selection of the executive by the legislature. In one extreme example, Pennsylvania replaced its single governor with a twelve-person executive council. Problems arising out of weak executive authority soon brought about a reversal in the trend, however. New York established a strong executive, vested with the authority of commander in chief and free of term limits or consent requirements, and Massachusetts and New Hampshire soon followed suit. The text of the Constitution suggests a continuation of, rather than a departure from, this newer trend of enhancing executive authority.

Any power to initiate hostilities would be useless, of course, without the resources necessary to engage in hostilities. Under our Constitution, the power to provide those resources is unequivocally vested with Congress. Under Article I, it is Congress, not the President, that has the power to “lay and collect Taxes” and to “borrow Money,” to make “Appropriations” and “provide for the common Defence,” to “raise and support Armies” and “provide and maintain a Navy,” and to “call[] forth the Militia.” Thus the President may be Commander in Chief, but he has nothing to command except what Congress may provide. As a result of Congress’s authority over the purse, the President is unable as a practical (if not constitutional) matter to engage in hostilities without Congress.

Based on these provisions of the Constitution, some originalist scholars have concluded that Congress’s war power is limited to its control over funding and its power to impeach executive officers. They contend that the President is constitutionally empowered to engage in hostilities with whatever resources Congress has made available to the executive.

Advocates of stronger congressional war power, by contrast, contend that Congress not only has the power to deprive the executive of military resources, but also to control the President’s authority to initiate hostilities. They typically locate the textual hook for their argument in Article I, Section 8, which vests the powers to “declare War” and to “grant Letters of Marque and Reprisal” in Congress, not the President. Congressionalists argue that these two powers exhaust the entire range of possible hostilities and that their vesting in Congress must mean that the President cannot initiate hostilities without prior congressional authorization.

Presidentialists contend that the power to “declare War” is only a power to alter international legal relationships. In their view, placing the power to declare war in Congress does not affect the President’s domestic constitutional authority to engage in hostilities. Notably, Article I provides that states may not, “without the Consent of Congress,…engage in War,” and Article III defines treason as “levyingWar” against the United States—suggesting that the power to “declare War” is a lesser power that does not include the ability to control the actual initiation and conduct of war. Presidentialists also argue that the Marque and Reprisal Clause vests Congress only with the power to authorize private citizens to engage in hostilities for private, commercial gain.

A final textual clue should be noted. Congressionalists generally contend that, although the President may not initiate hostilities, the Declaration of War Clause leaves the President with the authority as Commander in Chief to repel invasions without prior congressional approval. According to his own notes of the Constitutional Convention, James Madison successfully moved to replace the phrase “make” war with “declare” war, “leaving to the Executive the power to repel sudden attacks.” Congressionalists read this power to repel attacks as exhaustive, rather than merely illustrative, of presidential authority. On the other hand, Article I expressly provides that states generally may not engage in war without congressional consent “unless actually invaded, or in such imminent Danger as will not admit of delay”; there is no such language, by contrast, governing the President. In addition, Article I vests authority with Congress to “call[] forth the Militia to…suppress Insurrections and repel Invasions.”

In summary, the argument for executive initiative rests on the background understanding that the vesting of “executive Power” and the “Commander in Chief” designation together constitute a substantive grant of authority to the President to conduct military operations. The argument also rests on the absence of explicit provision for congressional incursion into that power, other than through its express powers over funding and impeachment. Under this view, the contrary position—that congressional consent is required before the initiation of hostilities—suffers from a lack of strong textual support.

Accordingly, congressionalist scholars frequently turn to other authorities. First, they cite statements from various Founders, both before and after the Framing period, in support of broader congressional power. For example, they frequently quote James Wilson, who had urged limits on presidential power during the Constitutional Convention, and who argued during the Pennsylvania ratifying convention that “[t]his system will not hurry us into war; it is calculated against it. It will not be in the power of a single man, or a single body of men, to involve us in such distress; for the important power of declaring war is vested in the legislature at large: this declaration must be made with the concurrence of the House of Representatives: from this circumstance we may draw a certain conclusion that nothing but our national interest can draw us into a war.”

Presidentialists respond that Wilson’s statement must be placed in context. They claim that Wilson was simply responding to concerns that exercise of the treaty power alone could start a war. They further note that nowhere in Wilson’s reference to declarations of war did he ever deny the President’s authority to initiate hostilities without a declaration.

Presidentialists also focus attention on the ratification debates in the battleground state of Virginia, where Anti-Federalists launched a feverish campaign against, among other things, excessive executive power to wage war. Notably, the Federalist effort to ease concerns rested largely on congressional control of the purse—not the Declaration of War Clause. Presidentialists also cite James Madison’s statement that “the sword is in the hands of the British King. The purse in the hands of the Parliament. It is so in America, as far as any analogy can exist.”

Congressionalists and presidentialists also disagree about the proper interpretation of numerous post-ratification statements by Founders and later prominent American figures, as well as early American practice under the Constitution. For example, congressionalists cite the limited, defensive-oriented approach taken by President Thomas Jefferson during the Tripolitan War (1