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

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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 —

Impeachment witness says Trump-Ukraine call wasn’t illegal

Jim Jordan makes explosive accusation against Schiff

Tom Fitton reacts to the upcoming House vote on the impeachment probe

Tucker: Schiff is obsessed with impeachment

TRUMP RALLY: Whistleblower

POSSIBLE UKRAINE WHISTLEBLOWER: CIA Eric Ciaramella worked WITH DNC “operative” Brennan, Chalupa

OAN gives alleged whistleblower Eric Ciaramella the opportunity to deny media claims

Rep.Louie Gohmert Essentially Names Eric Ciaramella As Ukraine Whistleblower

Hannity: Latest testimony blows whistleblower claim out of the water

Another Key Witness Confirms Trump Quid Pro Quo On Ukraine | Hardball | MSNBC

Rep. Collins’ warning to House Dems leading impeachment inquiry

“IMPEACHMENT SHAM” Republicans Say Impeachment Process Is A COUP

Lou Dobbs 10/31/19 | Breaking Fox News October 31, 2019

What’s next after the House vote on impeachment rules?

House passes Democrat-backed rules for impeachment inquiry

Nightly News Broadcast (Full) – October 31st, 2019 | NBC Nightly News

Top GOP lawmakers speak after House passes impeachment inquiry resolution

WATCH: House Votes To Pass Rules For Impeachment Probe | MSNBC

Leader McCarthy with Laura Ingraham: Democrats are Fixated on Impeachment

Russia probe review becomes a criminal investigation

DOJ criminal investigation into its own Russia probe a political win for Trump

‘The Five’ breaks down DOJ’s criminal inquiry into Russia probe

Fox News warns impeachment inquiry is Democratic ‘coup’ of Trump

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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

Hannity: Latest testimony blows whistleblower claim out of the water

PBS NewsHour West live episode October 31, 2019

Ingraham: The Democrats’ witching hour

Ingraham: Deep state’s coordinated effort to take down Trump

Ingraham: Durham’s criminal probe has a lot of folks nervous

Ingraham: Desperate Democrats go to Defcon 1

Brit Hume: If the impeachment inquiry is perceived as unfair then House Democrats have a problem

 

 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.

AD

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

Why these experts say a long-term China trade deal may not happen soon

It will be difficult for US and China to reach an agreement, says analyst

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

New location for signing of partial US-China trade deal to be announced soon, says Trump

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

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

President Trump holds press conference on US-China trade deal phase 1

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

WE WILL NOT HAVE A TRADE DEAL WITH CHINA: ROBERT SPALDING

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’

Private survey of China factory activity contradicts official data

How China’s tech sector is challenging the world – Part 1

How China’s tech sector is challenging the world – Part 2

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 1340, October 14, 2019, Story 1: President Trump Retaliates Against Turkey’s Invasion of Syria by Imposing Economic Tariffs on Steel — Videos — Story 2: Amazing Grace of Attorney General’s Defense of Religious Freedom — Videos — Story 3: Behind Closed Doors Single Party Impeachment Inquiry Kangaroo Court Bars Other Representatives From Listening To Testimony — Videos

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Pronk Pops Show 1283 July 1, 2019See the source imageOpinion: At Notre Dame, Bill Barr Takes on the Secularists04-no-justice-hearing-li-600.jpg (600×429)See the source imageSee the source imageSee the source image

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Story 1: President Trump Retaliates Against Turkey’s Invasion of Syria by Imposing Economic Tariffs on Steel — Videos —

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The Kurds: The Most Famous Unknown People in the World | Stephen Mansfield | TEDxNashville

The Kurds are an ancient and noble people who are now the primary “boots on the ground” against ISIS in the Middle East. They are 35 million strong worldwide, the largest people group on earth without their own homeland. In this stirring talk, Stephen Mansfield tells the story of the Kurds and does so, surprisingly, through the lives of three women. Stephen Mansfield is a New York Times bestselling author who first rose to global attention with his groundbreaking book, The Faith of George W. Bush, a bestseller that Time magazine credited with helping to shape the 2004 U.S. presidential election. He has written celebrated biographies of Barak Obama, Booker T. Washington, George Whitefield, Winston Churchill, Pope Benedict XVI, and Abraham Lincoln, among others. Mansfield’s latest book, The Miracle of the Kurds, is a timely introduction to the Kurdish people that reached bookstores just as Kurdish troops began standing heroically against the evils of ISIS in the Middle East. The book has been named “Book of the Year” by Rudaw, the leading Kurdish news service. This talk was given at a TEDx event using the TED conference format but independently organized by a local community. Learn more at http://ted.com/tedx

Donald Trump vows to ‘obliterate’ Turkey’s economy if there’s ‘inhumane’ treatment of Kurds in Syria

President Trump answers questions about Syria, Turkey

Erdogan asks Arab League: ‘How many Syrians did you accept?’

Turkish forces clash with Kurdish fighters in Syria – BBC News

Graham rips ex-Obama officials’ criticism of Trump’s Syria pullout

Defense Secretary Esper defends Trump’s removal of troops from Northern Syria

Rand Paul slams GOP ‘war caucus’ criticizing Trump for Syria

Why are Americans surprised Trump withdrew troops from Syria?: Gaetz

After Trump Abandoned Kurds, Turkish Invasion Raises Fear of Kurdish Genocide & ISIS Resurgence

What is the Armenian Genocide?

An Armenian Genocide Survivor’s Story | Lucine Z. Kinoian | TEDxBergenCommunityCollege

Armenian genocide: survivors recall events 100 years on

Donald Trump says he is poised to impose ‘powerful sanctions’ on Turkey as Erdogan continues military onslaught in Syria – as unrest helps nearly 800 ISIS brides and their children escape from a camp

  • President Trump said Sunday morning that he is in talks with both members of congress to impose ‘powerful sanctions’ on Turkey 
  • On Saturday night that he will send $50million in financial aid to Syria one week after pulling U.S. troops from the area 
  • This comes as nearly 800 women affiliated with ISIS and their children fled from a camp where they were being held in northern Syria
  • On Sunday, Turkey targeted two border towns with shelling, continuing with the fight against Kurdish militia
  • Syrian troops have been dispatched to the north to face Turkish offensive
  • Trump defended his decision to pull U.S. troops from Syria, writing on Twitter that it’s ‘very smart not to be involved’ in the fighting on the Turkish border
  • More than 130,000 people have been displaced from northeast Syrian border towns as a result of fighting between Turkish-led forces and Kurdish militia 

President Trump says he is in talks with members of congress to impose ‘powerful sanctions’ on Turkey as Turkish President Erdogan continues his attacks on Kurdish militia just one week after Trump pulled U.S. troops from the area.

‘Dealing with @LindseyGrahamSC and many members of Congress, including Democrats, about imposing powerful Sanctions on Turkey,’ Trump said in a tweet Sunday morning. ‘Treasury is ready to go, additional legislation may be sought. There is great consensus on this. Turkey has asked that it not be done. Stay tuned!’

This comes as nearly 800 women affiliated with ISIS and their children fled from a camp where they were being held in northern Syria after a shelling by Turkish forces, the region’s Kurdish-led administration said Sunday. Syrian troops have now been dispatched to the north to face Turkish offensive.

Trump said Saturday that in response to the Turkish invasion, the U.S. will send $50million in emergency financial aid to Syria.

President Trump announced Saturday night that he will send $50million in financial aid to Syria one week after pulling U.S. troops from the area

President Trump announced Saturday night that he will send $50million in financial aid to Syria one week after pulling U.S. troops from the area

President Trump says he is in talks with both members of congress to impose 'powerful sanctions' on Turkey

President Trump says he is in talks with both members of congress to impose ‘powerful sanctions’ on Turkey

Trump then tweeted that the U.S. is using its power for 'WORLD PEACE!'

Trump then tweeted that the U.S. is using its power for ‘WORLD PEACE!’

The Kurdish-led administration said 785 foreigners affiliated with ISIS escaped Ain Issa (pictured), north of Raqqa, where they were being held following Turkish shelling today

Images shared by the British-based Syrian Observatory for Human Rights appear to picture people running away from the Ain Issa

Images shared by the British-based Syrian Observatory for Human Rights appear to picture people running away from the Ain Issa

The money will be sent to assist human rights groups and other organizations to ‘protect persecuted ethnic and religious minorities and advance human rights,’ according to a statement released Saturday night by the Office of the Press Secretary.

Trump spoke of the $50million in aid while at the Values Voters Summit’s Faith, family and Freedom gala dinner Saturday night.

‘Other presidents would not be doing that, they’d be spending a lot more money but on things that wouldn’t make you happy,’ he said. ‘The U.S. condemns the persecution of Christians and we pledge our support to Christians all over.’

The statement by the Office of the Press Secretary says the aid money ‘will also go toward increased accountability, removal of explosive remnants of war, community security for stabilization assistance, documenting human rights abuses and international humanitarian law violations, and support for survivors of gender-based violence and torture.

‘We hope regional and international partners will continue their contributions as well. ‘Ensuring the freedom and safety of ethnic and religious minorities remains a top priority for this Administration.’

On Sunday, President Trump defended his decision to pull U.S. troops from Northern Syria, leaving the America’s Kurdish allies to a Turkish invasion, calling it ‘very smart’ for the U.S. to ‘not be involved in the intense fighting along the Turkish Border, for a change.’

‘Those that mistakenly got us into the Middle East Wars are still pushing to fight.They have no idea what a bad decision they have made. Why are they not asking for a Declaration of War?’ he added.

‘Do you remember two years ago when Iraq was going to fight the Kurds in a different part of Syria. Many people wanted us to fight with the Kurds against Iraq, who we just fought for. I said no, and the Kurds left the fight, twice. Now the same thing is happening with Turkey….’ he wrote.

‘The Kurds and Turkey have been fighting for many years. Turkey considers the PKK the worst terrorists of all. Others may want to come in and fight for one side or the other. Let them! We are monitoring the situation closely. Endless Wars!’

On Sunday, Syrian Kurdish officials said they will work with Assad forces to repel Turkish offensive and to liberate areas held by Turkey.

Also on Sunday, Defense Secretary Mark Esper said that Turkey ‘appears to be ‘ committing war crimes in northern Syria.

‘It’s a very terrible situation over there, a situation caused by the Turks. Despite our opposition, they decided to make this incursion,’ Esper said on CBS’s Face the Nation.

Turkey-backed rebels capture city from Kurdish control

On Sunday Trump continued to defend his decision to pull U.S. troops from Syria, writing: 'Very smart not to be involved in the intense fighting along the Turkish Border, for a change'

President Trump continued to double down on his decision to abandon the Kurds

President Trump continued to double down on his decision to abandon the Kurds

Ankara launched the cross-border assault against the YPG militia after US President Donald Trump withdrew troops from the border region. Pictured: Map shows Tel Abyad and Ras al Ain (Sari Kani) near Raqqa

Ankara launched the cross-border assault against the YPG militia after US President Donald Trump withdrew troops from the border region. Pictured: Map shows Tel Abyad and Ras al Ain (Sari Kani) near Raqqa

Mortar shells land on Turkish side of border with Syria

The Kurdish-led administration said in a statement Sunday that 785 ISIS-affiliated foreigners had fled a camp at Ain Issa.

In an apparent reference to Turkish-backed rebels, the Kurdish-led administration said ‘mercenaries’ attacked the camp where ‘Daesh elements’ – a reference to Islamic State – in turn attacked camp guards and opened the gates.

Images shared by the British-based Syrian Observatory for Human Rights appear to show people running away from the camp.

Turkey’s cross-border attack in northern Syria against Kurdish forces widened to target the town of Suluk which was hit by Ankara’s Syrian rebel allies. There were conflicting accounts on the outcome of the fighting.

Turkey is now facing threats of possible sanctions from the U.S. unless it calls off the incursion.

Two of its NATO allies, Germany and France, have said they are halting weapons exports to Turkey. The Arab League has denounced the operation.

France also said today it was ‘worried’ to hear of the report that hundreds of relatives of foreign jihadists had escaped.

‘Of course we are worried about what could happen and that is why we want Turkey… to end as quickly as possible the intervention it has begun,’ government spokeswoman Sibeth Ndiaye told France 3 television.

Turkey-backed Syrian forces continue Syrian Kurdish fighters assault

On Sunday, Turkey targeted two border towns with shelling, continuing with the fight against Kurdish militia

On Saturday, Former Secretary of Defense James Mattis warned that ISIS will ‘absolutely come back’ with the removal of U.S. troops from Syria.

‘ISIS is not defeated. We have got to keep the pressure on ISIS so they don’t recover,’ Mattis told Chuck Todd on Meet The Press when asked if President Trump made the right decision by pulling troops from Northern Syria last week.

‘It’s in a situation of disarray right now,’ Mattis, who resigned as Secretary of Defense in January, said of the situation between Turkey and Syria. ‘Obviously the Kurds are adapting to the Turkish attacks. We’ll have to see if they can maintain the fight against ISIS. It’s going to have an impact. The question is how much.

‘We may want a war over; we may even declare it over. You can pull your troops out as President Obama learned the hard way out of Iraq, but the ”enemy gets the vote”, we say in the military. And in this case, if we don’t keep the pressure on, then ISIS will resurge. It’s absolutely a given that they will come back.’

https://www.dailymail.co.uk/news/article-7568101/Trump-sends-50million-emergency-financial-assistance-Syria.html

David E. Sanger
Syrian army returns to northeast, as Turkey widens invasion
President Trump’s acquiescence to Turkey’s move to send troops deep inside Syrian territory has in only one week’s time turned into a bloody carnage, forced the abandonment of a successful five-year-long American project to keep the peace on a volatile border, and given an unanticipated victory to four American adversaries: Russia, Iran, the Syrian government and the Islamic State.

Rarely has a presidential decision resulted so immediately in what his own party leaders have described as disastrous consequences for American allies and interests. How this decision happened — springing from an “off-script moment” with President Recep Tayyip Erdogan of Turkey, in the words of a senior American diplomat — likely will be debated for years by historians, Middle East experts and conspiracy theorists.

But this much already is clear: Mr. Trump ignored months of warnings from his advisers about what calamities likely would ensue if he followed his instincts to pull back from Syria and abandon America’s longtime allies, the Kurds. He had no Plan B, other than to leave. The only surprise is how swiftly it all collapsed around the president and his depleted, inexperienced foreign policy team.

Day after day, they have been caught off-guard, offering up differing explanations of what Mr. Trump said to Mr. Erdogan, how the United States and its allies might respond, and even whether Turkey remains an American ally. For a while Mr. Trump said he acted because the Islamic State was already defeated, and because he was committed to terminating “endless wars” by pulling American troops out of the Middle East. By the end of the week he added 2,000 — to Saudi Arabia.

One day he was inviting Mr. Erdogan to visit the White House; the next he was threatening to “totally destroy and obliterate” Turkey’s economy if it crossed a line that he never defined.

Mr. Erdogan just kept going.

Mr. Trump’s error, some aides concede in off-the-record conversations, was entering the Oct. 6 call underprepared, and then failing to spell out for Mr. Erdogan the potential consequences — from economic sanctions to a dimunition of Turkey’s alliance with the United States and its standing in NATO. He has since threatened both, retroactively. But it is not clear Mr. Erdogan believes either is a real risk.The drama is nowhere near over. Out of necessity, the Kurds switched sides on Sunday, turning their backs on Washington and signing up with President Bashar al-Assad of Syria, a man the United States has called a war criminal for gassing his own people. At the Pentagon, officials struggled with the right response if Turkish forces — NATO allies — again opened fire on any of the 1,000 or so Americans now preparing to retreat from their positions inside Syria. Those troops are trapped for now, since Turkey has cut off the roads; removing them may require an airlift.

And over the weekend, State and Energy Department officials were quietly reviewing plans for evacuating roughly 50 tactical nuclear weapons that the United States had long stored, under American control, at Incirlik Air Base in Turkey, about 250 miles from the Syrian border, according to two American officials.

Those weapons, one senior official said, were now essentially Erdogan’s hostages. To fly them out of Incirlik would be to mark the de facto end of the Turkish-American alliance. To keep them there, though, is to perpetuate a nuclear vulnerability that should have been eliminated years ago.

“I think this is a first — a country with U.S. nuclear weapons stationed in it literally firing artillery at US forces,” Jeffrey Lewis of the James Martin Center for Nonproliferation Studies wrote last week.

For his part, Mr. Erdogan claims nuclear ambitions of his own: Only a month ago, speaking to supporters, he said, he said he “cannot accept” rules that keep Turkey from possessing nuclear weapons of its own.

“There is no developed nation in the world that doesn’t have them,” he said. (In fact, most do not.)

“This president keeps blindsiding our military and diplomatic leaders and partners with impulsive moves like this that benefit Russia and authoritarian regimes,” said Senator Jack Reed, the Rhode Island Democrat and longtime member of the Armed Services Committee.

“If this president were serious about ending wars and winning peace, he’d actually articulate a strategy that would protect against a re-emergence of ISIS and provide for the safety of our Syrian partners,” Mr. Reed added. “But he has repeatedly failed to do that. Instead, this is another example of Donald Trump creating chaos, undermining U.S. interests, and benefitting Russia and the Assad regime.”

The other major beneficiary is Iran, perhaps Mr. Trump’s most talked-about geo-political foe, which has long supported the Syrian regime and sought freer rein across the country.

But none of that appeared to have been anticipated by Mr. Trump, who has no fondness for briefing books and meetings in the Situation Room intended to game out events two or three moves ahead. Instead, he often talks about the trusting his instincts.

“My gut tells me more sometimes than anybody else’s brain can ever tell me,” he said late last year. He was discussing the Federal Reserve, but could just as easily been talking foreign policy; in 2017 he told a reporter, right after his first meeting with President Vladimir V. Putin of Russia, that it was his “gut feel” for how to deal with foreign leaders, honed over years in the real estate world, that guided him. “Foreign policy is what I’ll be remembered for,” he said.

But in this case the failure to look around corners has blown up on him at a speed that is rare in foreign policy and national security. The closest analogue may date back to 1950, during Harry Truman’s administration, when Secretary of State Dean Acheson described America’s new “defense perimeter” in a speech, saying it ran from southern Japan through the Philippines. That left out the Korean Peninsula, and two weeks later Joseph Stalin, the Soviet leader, appeared to have given Kim Il-sung, grandfather of the current North Korean leader, permission to launch his invasion of the South. The bloody stalemate that followed lives with the United States today.

At the time, the United States kept a token force in South Korea, akin to the one parked along the Turkish-Syrian border. And it is impossible to know whether the North Korean attack would have been launched even without Mr. Acheson’s failure to warn about American action if a vulnerable ally was attacked — just as it is impossible to know if Mr. Erdogan would have sent his troops over the border if that phone call, and Mr. Trump’s failure to object, had never happened.

It was Mr. Trump himself who, during a presidential debate with Hillary Clinton in 2016, blamed President Barack Obama for a similar error. “President Obama and Secretary Clinton created a vacuum the way they got out of Iraq,” he said, referring to the 2011 withdrawal. “They shouldn’t have been in, but once they got in, the way they got out was a disaster. And ISIS was formed.”

Even his allies see the parallel. “If I didn’t see Donald Trump’s name on the tweet I thought it would be Obama’s rationale for getting out of Iraq,” Senator Lindsey Graham, one of Mr. Trump’s most vociferous defenders in recent years, but among his harshest Republican critics for the Syria decision, said last week.

As James F. Jeffrey, who worked for Mr. Obama as ambassador to Turkey, then to Iraq, and now serves as Mr. Trump’s special envoy for Syria, noted several years ago, it’s debatable whether events would have played out differently if the United States had stayed in Iraq.

Could a residual force have prevented ISIS’s victories?” he asked in a Wall Street Journal essay five years ago. “With troops we would have had better intelligence on al Qaeda in Iraq and later ISIS, a more attentive Washington, and no doubt a better-trained Iraqi army. But the common argument that U.S. troops could have produced different Iraqi political outcomes is hogwash. The Iraqi sectarian divides, which ISIS exploited, run deep and were not susceptible to permanent remedy by our troops at their height, let alone by 5,000 trainers under Iraqi restraints.”

Mr. Trump may now be left to make the same argument about Syria: That nothing could have stopped Mr. Erdogan, that the Russians would benefit in any case, that there are other ways to push back at Iran. Perhaps history will side with him.

For now, however, he has given up most of what little leverage he had.

https://www.msn.com/en-us/news/world/trump-followed-his-gut-on-syria-calamity-came-fast/ar-AAILbg6#image=AAIqEBq|9

Story 3: Behind Closed Doors Single Party Impeachment Inquiry Kangaroo Court Bars Other Representatives From Listening To Testimony — Videos

Republican Rep. Matt Gaetz kicked out of impeachment inquiry hearing

Rep. Matt Gaetz, R-Fla., an ardent supporter of President Trump, got the boot on Monday when he tried to sit in on the testimony of a former top National Security Council expert on Russia who was appearing on Capitol Hill as part of the House impeachment inquiry into the president.

Gaetz, who sits on the House Judiciary Committee, attempted to attend the testimony of Fiona Hill, a former deputy assistant to the president, but was told that because he was not a member of the House Intelligence Committee that he had to leave. The House Intelligence, Oversight and Foreign Affairs committees are conducting the impeachment inquiry into Trump.

A frustrated Gaetz aired his disappointment to reporters after being told he was not allowed to sit in on the hearing, venting his anger over what he says are “selective leaks” by House Intelligence Committee Chairman Adam Schiff, D-Calif., and questioning why he was not allowed to be present during Hill’s testimony. Gaetz added that the chairman of the House Judiciary Committee, Rep. Jerry Nadler, D-N.Y., was involved in the impeachment inquiry.

“It’s not like I’m on agriculture,” Gaetz said. “What are the Democrats so afraid of?”

Gaetz followed up his comments with a tweet calling the impeachment inquiry a kangaroo court and using one of Trump’s favorite nicknames for the intelligence committee chairman, “Shifty Schiff.”

“Judiciary Chairman [Jerry Nadler] claimed to have begun the impeachment inquiry weeks ago,” Gaetz tweeted. “Now, his own Judiciary members aren’t even allowed to participate in it. And yes – my constituents want me actively involved in stopping the #KangarooCourtCoup run by Shifty Schiff.”

Other Republicans closely aligned with Trump continued on Monday to complain about Schiff and his handling of the impeachment inquiry – with Rep. Jim Jordan, R-Ohio, also lambasting the California Democrat for excluding some congressional Republicans from the testimonies and for leaking “cherry-picked” information from the closed-door hearings to the press.

“She was going to come voluntarily but he’s going to subpoena her I believe so he can ask certain questions and again keep those secret except for the certain things that he wants to leak, the cherry-picked information to the American people,” Jordan said of Schiff before Hill’s testimony.

TRUMP SAYS OBAMA ‘HIDING’ FROM QUESTIONS ABOUT BIDENS AND UKRAINE: ‘I THINK HE KNOWS ALL ABOUT IT’

Lee Wolosky, Hill’s attorney, tweeted on Monday that the former deputy assistant to the president had received a congressional subpoena.

“The tragedy here and the crime here is that the American people don’t get to see what’s going on in these up in these sessions,” Jordan said.

Hill’s testimony comes ahead of a planned Thursday appearance by Gordon Sondland, Trump’s hand-picked ambassador to the European Union, and follows the revelation of a cache of text messages from top envoys that provide a vivid account of their work acting as intermediaries around the time Trump urged Ukraine’s new president, Volodymr Zelenskiy, to start investigations into a company linked to the family of a chief Democratic presidential rival, Joe Biden.

Sondland is set to tell lawmakers that he did understand the administration was offering Zelenskiy a White House visit in exchange for a public statement committing to investigations Trump wanted, according to the person, who demanded anonymity to discuss remarks not yet given.

But Sondland will say he did not know the company being talked about for an investigation, Burisma, was tied to Joe Biden’s son, Hunter Biden, the person said. Sondland understood the discussions about combating corruption to be part of a much broader and publicized Trump administration push that was widely shared, the person said.

 

One witness who may not be called before Congress is the still anonymous government whistleblower who touched off the impeachment inquiry. Top Democrats say testimony and evidence coming in from other witnesses, and even the president himself, are backing up the whistleblower’s account of what transpired during Trump’s July 25 phone call with Zelenskiy.

Lawmakers have also grown deeply concerned about protecting the person from Trump’s threats over the matter and may not wish to risk exposing the whistleblower’s identity.

Schiff said Sunday, “We don’t need the whistleblower, who wasn’t on the call, to tell us what took place during the call. We have the best evidence of that.” He added it “may not be necessary” to reveal the whistleblower’s identity as the House gathers evidence.

“Our primary interest right now is making sure that that person is protected,” Schiff said.

https://www.foxnews.com/politics/republican-rep-matt-gaetz-kicked-out-of-impeachment-inquiry-hearing

Story 2: Amazing Grace of Attorney General’s Defense of Religious Liberty — Videos

AG William Barr Nails The Destruction OF America’s Morality by “Militant Secularism”

US Attorney General William Barr – Notre Dame Speech

Why Has the West Been So Successful?

1. I Am the Lord Your God

2. No Other Gods

Religious Tolerance: Made in America

Were the Founders Religious?

Was America Founded to Be Secular?

Why We’re Losing Liberty

The World’s Most Persecuted Minority: Christians

Where Are the Moderate Muslims?

Pakistan: Can Sharia and Freedom Coexist?

Radical Islam: The Most Dangerous Ideology

America’s Biggest Issues: Religious Freedom

The Left Ruins Everything

Was Jesus a Socialist?

Who Does the Media Most Want to Silence?

Why No One Trusts the Mainstream Media

Jordan Peterson on the Belief in God

Who Dares Say He Believes in God?

On Claiming Belief In God: Discussion with Dennis Prager

“Global Call to Protect Religious Freedom” with Donald Trump & Others (Opening)

Donald Trump makes speech to the UN general assembly

The Blaine Amendments: State Constitutions & School Choice

Blaine Amendments and “Sectarian” explained

Will the Supreme Court Strike Down the Blaine Amendment?

Attorney General William P. Barr Delivers Remarks to the Law School and the de Nicola Center for Ethics and Culture at the University of Notre Dame

South Bend, IN

~

Friday, October 11, 2019

Remarks as prepared for delivery

Thank you, Tom, for your kind introduction. Bill and Roger, it’s great to be with you.

Thank you to the Notre Dame Law School and the de Nicola Center for Ethics and Culture for graciously extending an invitation to address you today. I’d also like to express gratitude to Tony de Nicola, whose generous support has shaped – and continues to shape – countless minds through examination of the Catholic moral and intellectual tradition.

Today, I would like to share some thoughts with you about religious liberty in America. It’s an important priority in this Administration and for this Department of Justice.

We have set up a task force within the Department with different components that have equities in this area, including the Solicitor General’s Office, the Civil Division, the Office of Legal Counsel, and other offices. We have regular meetings. We keep an eye out for cases or events around the country where states are misapplying the Establishment Clause in a way that discriminates against people of faith, or cases where states adopt laws that impinge upon the free exercise of religion.

From the Founding Era onward, there was strong consensus about the centrality of religious liberty in the United States.

The imperative of protecting religious freedom was not just a nod in the direction of piety. It reflects the Framers’ belief that religion was indispensable to sustaining our free system of government.

In his renowned 1785 pamphlet, “Memorial and Remonstrance Against Religious Assessments,” James Madison described religious liberty as “a right towards men” but “a duty towards the Creator,” and a “duty….precedent both in order of time and degree of obligation, to the claims of Civil Society.”

It has been over 230 years since that small group of colonial lawyers led a revolution and launched what they viewed as a great experiment, establishing a society fundamentally different than those that had gone before.

They crafted a magnificent charter of freedom – the United States Constitution – which provides for limited government, while leaving “the People” broadly at liberty to pursue our lives both as individuals and through free associations.

This quantum leap in liberty has been the mainspring of unprecedented human progress, not only for Americans, but for people around the world.

In the 20th century, our form of free society faced a severe test.

There had always been the question whether a democracy so solicitous of individual freedom could stand up against a regimented totalitarian state.

That question was answered with a resounding “yes” as the United States stood up against and defeated, first fascism, and then communism.

But in the 21st century, we face an entirely different kind of challenge.

The challenge we face is precisely what the Founding Fathers foresaw would be our supreme test as a free society.

They never thought the main danger to the republic came from external foes. The central question was whether, over the long haul, we could handle freedom. The question was whether the citizens in such a free society could maintain the moral discipline and virtue necessary for the survival of free institutions.

By and large, the Founding generation’s view of human nature was drawn from the classical Christian tradition.

These practical statesmen understood that individuals, while having the potential for great good, also had the capacity for great evil.

Men are subject to powerful passions and appetites, and, if unrestrained, are capable of ruthlessly riding roughshod over their neighbors and the community at large.

No society can exist without some means for restraining individual rapacity.

But, if you rely on the coercive power of government to impose restraints, this will inevitably lead to a government that is too controlling, and you will end up with no liberty, just tyranny.

On the other hand, unless you have some effective restraint, you end up with something equally dangerous – licentiousness – the unbridled pursuit of personal appetites at the expense of the common good. This is just another form of tyranny – where the individual is enslaved by his appetites, and the possibility of any healthy community life crumbles.

Edmund Burke summed up this point in his typically colorful language:

“Men are qualified for civil liberty, in exact proportion to their disposition to put chains upon their appetites…. Society cannot exist unless a controlling power be placed somewhere; and the less of it there is within, the more there must be without. It is ordained in the eternal constitution of things that men intemperate minds cannot be free. Their passions forge their fetters.”

So the Founders decided to take a gamble. They called it a great experiment.

They would leave “the People” broad liberty, limit the coercive power of the government, and place their trust in self-discipline and the virtue of the American people.

In the words of Madison, “We have staked our future on the ability of each of us to govern ourselves…”

This is really what was meant by “self-government.” It did not mean primarily the mechanics by which we select a representative legislative body. It referred to the capacity of each individual to restrain and govern themselves.

But what was the source of this internal controlling power? In a free republic, those restraints could not be handed down from above by philosopher kings.

Instead, social order must flow up from the people themselves – freely obeying the dictates of inwardly-possessed and commonly-shared moral values. And to control willful human beings, with an infinite capacity to rationalize, those moral values must rest on authority independent of men’s will – they must flow from a transcendent Supreme Being.

In short, in the Framers’ view, free government was only suitable and sustainable for a religious people – a people who recognized that there was a transcendent moral order antecedent to both the state and man-made law and who had the discipline to control themselves according to those enduring principles.

As John Adams put it, “We have no government armed with the power which is capable of contending with human passions unbridled by morality and religion. Our Constitution was made only for a moral and religious people. It is wholly inadequate for the government of any other.”

As Father John Courtney Murray observed, the American tenet was notthat:

“Free government is inevitable, only that it is possible, and that its possibility can be realized only when the people as a whole are inwardly governed by the recognized imperatives of the universal moral order.”

How does religion promote the moral discipline and virtue needed to support free government?

First, it gives us the right rules to live by. The Founding generation were Christians. They believed that the Judeo-Christian moral system corresponds to the true nature of man. Those moral precepts start with the two great commandments – to Love God with your whole heart, soul, and mind; and to Love Thy Neighbor as Thyself.

But they also include the guidance of natural law – a real, transcendent moral order which flows from God’s eternal law – the divine wisdom by which the whole of creation is ordered. The eternal law is impressed upon, and reflected in, all created things.

From the nature of things we can, through reason, experience, discern standards of right and wrong that exist independent of human will.

Modern secularists dismiss this idea of morality as other-worldly superstition imposed by a kill-joy clergy. In fact, Judeo-Christian moral standards are the ultimate utilitarian rules for human conduct.

They reflect the rules that are best for man, not in the by and by, but in the here and now. They are like God’s instruction manual for the best running of man and human society.

By the same token, violations of these moral laws have bad, real-world consequences for man and society. We may not pay the price immediately, but over time the harm is real.

Religion helps promote moral discipline within society. Because man is fallen, we don’t automatically conform ourselves to moral rules even when we know they are good for us.

But religion helps teach, train, and habituate people to want what is good. It does not do this primarily by formal laws – that is, through coercion. It does this through moral education and by informing society’s informal rules – its customs and traditions which reflect the wisdom and experience of the ages.

In other words, religion helps frame moral culture within society that instills and reinforces moral discipline.

I think we all recognize that over the past 50 years religion has been under increasing attack.

On the one hand, we have seen the steady erosion of our traditional Judeo-Christian moral system and a comprehensive effort to drive it from the public square.

On the other hand, we see the growing ascendancy of secularism and the doctrine of moral relativism.

By any honest assessment, the consequences of this moral upheaval have been grim.

Virtually every measure of social pathology continues to gain ground.

In 1965, the illegitimacy rate was eight percent. In 1992, when I was last Attorney General, it was 25 percent. Today it is over 40 percent. In many of our large urban areas, it is around 70 percent.

Along with the wreckage of the family, we are seeing record levels of depression and mental illness, dispirited young people, soaring suicide rates, increasing numbers of angry and alienated young males, an increase in senseless violence, and a deadly drug epidemic.

As you all know, over 70,000 people die a year from drug overdoses. That is more casualities in a year than we experienced during the entire Vietnam War.

I will not dwell on all the bitter results of the new secular age. Suffice it to say that the campaign to destroy the traditional moral order has brought with it immense suffering, wreckage, and misery. And yet, the forces of secularism, ignoring these tragic results, press on with even greater militancy.

Among these militant secularists are many so-called “progressives.” But where is the progress?

We are told we are living in a post-Christian era. But what has replaced the Judeo-Christian moral system? What is it that can fill the spiritual void in the hearts of the individual person? And what is a system of values that can sustain human social life?

The fact is that no secular creed has emerged capable of performing the role of religion.

Scholarship suggests that religion has been integral to the development and thriving of Homo sapiens since we emerged roughly 50,000 years ago. It is just for the past few hundred years we have experimented in living without religion.

We hear much today about our humane values. But, in the final analysis, what undergirds these values? What commands our adherence to them?

What we call “values” today are really nothing more than mere sentimentality, still drawing on the vapor trails of Christianity.

Now, there have been times and places where the traditional moral order has been shaken.

In the past, societies – like the human body – seem to have a self-healing mechanism – a self-correcting mechanism that gets things back on course if things go too far.

The consequences of moral chaos become too pressing. The opinion of decent people rebels. They coalesce and rally against obvious excess. Periods of moral entrenchment follow periods of excess.

This is the idea of the pendulum. We have all thought that after a while the “pendulum will swing back.”

But today we face something different that may mean that we cannot count on the pendulum swinging back.

First is the force, fervor, and comprehensiveness of the assault on religion we are experiencing today. This is not decay; it is organized destruction. Secularists, and their allies among the “progressives,” have marshaled all the force of mass communications, popular culture, the entertainment industry, and academia in an unremitting assault on religion and traditional values.

These instruments are used not only to affirmatively promote secular orthodoxy, but also drown out and silence opposing voices, and to attack viciously and hold up to ridicule any dissenters.

One of the ironies, as some have observed, is that the secular project has itself become a religion, pursued with religious fervor. It is taking on all the trappings of a religion, including inquisitions and excommunication.

Those who defy the creed risk a figurative burning at the stake – social, educational, and professional ostracism and exclusion waged through lawsuits and savage social media campaigns.

The pervasiveness and power of our high-tech popular culture fuels apostasy in another way. It provides an unprecedented degree of distraction.

Part of the human condition is that there are big questions that should stare us in the face. Are we created or are we purely material accidents? Does our life have any meaning or purpose? But, as Blaise Pascal observed, instead of grappling with these questions, humans can be easily distracted from thinking about the “final things.”

Indeed, we now live in the age of distraction where we can envelop ourselves in a world of digital stimulation and universal connectivity. And we have almost limitless ways of indulging all our physical appetites.

There is another modern phenomenon that suppresses society’s self-corrective mechanisms – that makes it harder for society to restore itself.

In the past, when societies are threatened by moral chaos, the overall social costs of licentiousness and irresponsible personal conduct becomes so high that society ultimately recoils and reevaluates the path that it is on.

But today – in the face of all the increasing pathologies – instead of addressing the underlying cause, we have the State in the role of alleviator of bad fconsequences. We call on the State to mitigate the social costs of personal misconduct and irresponsibility.

So the reaction to growing illegitimacy is not sexual responsibility, but abortion.

The reaction to drug addiction is safe injection sites.

The solution to the breakdown of the family is for the State to set itself up as the ersatz husband for single mothers and the ersatz father to their children.

The call comes for more and more social programs to deal with the wreckage. While we think we are solving problems, we are underwriting them.

We start with an untrammeled freedom and we end up as dependents of a coercive state on which we depend.

Interestingly, this idea of the State as the alleviator of bad consequences has given rise to a new moral system that goes hand-in-hand with the secularization of society.  It can be called the system of “macro-morality.”  It is in some ways an inversion of Christian morality.

Christianity teaches a micro-morality. We transform the world by focusing on our own personal morality and transformation.

The new secular religion teaches macro-morality. One’s morality is not gauged by their private conduct, but rather on their commitment to political causes and collective action to address social problems.

This system allows us to not worry so much about the strictures on our private lives, while we find salvation on the picket-line. We can signal our finely-tuned moral sensibilities by demonstrating for this cause or that.

Something happened recently that crystalized the difference between these moral systems. I was attending Mass at a parish I did not usually go to in Washington, D.C.  At the end of Mass, the Chairman of the Social Justice Committee got up to give his report to the parish. He pointed to the growing homeless problem in D.C. and explained that more mobile soup kitchens were needed to feed them. This being a Catholic church, I expected him to call for volunteers to go out and provide this need. Instead, he recounted all the visits that the Committee had made to the D.C. government to lobby for higher taxes and more spending to fund mobile soup kitchen.

A third phenomenon which makes it difficult for the pendulum to swing back is the way law is being used as a battering ram to break down traditional moral values and to establish moral relativism as a new orthodoxy.

Law is being used as weapon in a couple of ways.

First, either through legislation but more frequently through judicial interpretation, secularists have been continually seeking to eliminate laws that reflect traditional moral norms.

At first, this involved rolling back laws that prohibited certain kinds of conduct. Thus, the watershed decision legalizing abortion. And since then, the legalization of euthanasia. The list goes on.

More recently, we have seen the law used aggressively to force religious people and entities to subscribe to practices and policies that are antithetical to their faith.

The problem is not that religion is being forced on others. The problem is that irreligion and secular values are being forced on people of faith.

This reminds me of how some Roman emperors could not leave their loyal Christian subjects in peace but would mandate that they violate their conscience by offering religious sacrifice to the emperor as a god.

Similarly, militant secularists today do not have a live and let live spirit – they are not content to leave religious people alone to practice their faith. Instead, they seem to take a delight in compelling people to violate their conscience.

For example, the last Administration sought to force religious employers, including Catholic religious orders, to violate their sincerely held religious views by funding contraceptive and abortifacient coverage in their health plans. Similarly, California has sought to require pro-life pregnancy centers to provide notices of abortion rights.

This refusal to accommodate the free exercise of religion is relatively recent. Just 25 years ago, there was broad consensus in our society that our laws should accommodate religious belief.

In 1993, Congress passed the Religious Freedom Restoration Act – RFRA. The purpose of the statute was to promote maximum accommodation to religion when the government adopted broad policies that could impinge on religious practice.

At the time, RFRA was not controversial. It was introduced by Chuck Schumer with 170 cosponsors in the House, and was introduced by Ted Kennedy and Orrin Hatch with 59 additional cosponsors in the Senate. It passed by voice vote in the House and by a vote of 97-3 in the Senate.

Recently, as the process of secularization has accelerated, RFRA has come under assault, and the idea of religious accommodation has fallen out of favor.

Because this Administration firmly supports accommodation of religion, the battleground has shifted to the states. Some state governments are now attempting to compel religious individuals and entities to subscribe to practices, or to espouse viewpoints, that are incompatible with their religion.

Ground zero for these attacks on religion are the schools. To me, this is the most serious challenge to religious liberty.

For anyone who has a religious faith, by far the most important part of exercising that faith is the teaching of that religion to our children. The passing on of the faith. There is no greater gift we can give our children and no greater expression of love.

For the government to interfere in that process is a monstrous invasion of religious liberty.

Yet here is where the battle is being joined, and I see the secularists are attacking on three fronts.

The first front relates to the content of public school curriculum. Many states are adopting curriculum that is incompatible with traditional religious principles according to which parents are attempting to raise their children. They often do so without any opt out for religious families.

Thus, for example, New Jersey recently passed a law requiring public schools to adopt an LGBT curriculum that many feel is inconsistent with traditional Christian teaching. Similar laws have been passed in California and Illinois. And the Orange County Board of Education in California issued an opinion that “parents who disagree with the instructional materials related to gender, gender identity, gender expression and sexual orientation may not excuse their children from this instruction.”

Indeed, in some cases, the schools may not even warn parents about lessons they plan to teach on controversial subjects relating to sexual behavior and relationships.

This puts parents who dissent from the secular orthodoxy to a difficult choice: Try to scrape together the money for private school or home schooling, or allow their children to be inculcated with messages that they fundamentally reject.

A second axis of attack in the realm of education are state policies designed to starve religious schools of generally-available funds and encouraging students to choose secular options.  Montana, for example, created a program that provided tax credits to those who donated to a scholarship program that underprivileged students could use to attend private school.  The point of the program was to provide greater parental and student choice in education and to provide better educations to needy youth.

But Montana expressly excluded religiously-affiliated private schools from the program.  And when that exclusion was challenged in court by parents who wanted to use the scholarships to attend a nondenominational Christian school, the Montana Supreme Court required the state to eliminate the program rather than allow parents to use scholarships for religious schools.

It justified this action by pointing to a provision in Montana’s State Constitution commonly referred to as a “Blaine Amendment.”  Blaine Amendments were passed at a time of rampant anti-Catholic animus in this country, and typically disqualify religious institutions from receiving any direct or indirect payments from a state’s funds.

The case is now in the Supreme Court, and we filed a brief explaining why Montana’s Blaine Amendment violates the First Amendment.

A third kind of assault on religious freedom in education have been recent efforts to use state laws to force religious schools to adhere to secular orthodoxy. For example, right here in Indiana, a teacher sued the Catholic Archbishop of Indianapolis for directing the Catholic schools within his diocese that they could not employ teachers in same-sex marriages because the example of those same-sex marriages would undermine the schools’ teaching on the Catholic view of marriage and complementarity between the sexes.

This lawsuit clearly infringes the First Amendment rights of the Archdiocese by interfering both with its expressive association and with its church autonomy. The Department of Justice filed a statement of interest in the state court making these points, and we hope that the state court will soon dismiss the case.

Taken together, these cases paint a disturbing picture. We see the State requiring local public schools to insert themselves into contentious social debates, without regard for the religious views of their students or parents. In effect, these states are requiring local communities to make their public schools inhospitable to families with traditional religious values; those families are implicitly told that they should conform or leave.

At the same time, pressure is placed on religious schools to abandon their religious convictions. Simply because of their religious character, they are starved of funds – students who would otherwise choose to attend them are told they may only receive scholarships if they turn their sights elsewhere.

Simultaneously, they are threatened in tort and, eventually, will undoubtedly be threatened with denial of accreditation if they adhere to their religious character.  If these measures are successful, those with religious convictions will become still more marginalized.

I do not mean to suggest that there is no hope for moral renewal in our country.

But we cannot sit back and just hope the pendulum is going to swing back toward sanity.

As Catholics, we are committed to the Judeo-Christian values that have made this country great.

And we know that the first thing we have to do to promote renewal is to ensure that we are putting our principles into practice in our own personal private lives.

We understand that only by transforming ourselves can we transform the world beyond ourselves.

This is tough work. It is hard to resist the constant seductions of our contemporary society. This is where we need grace, prayer, and the help of our church.

Beyond this, we must place greater emphasis on the moral education of our children.

Education is not vocational training. It is leading our children to the recognition that there is truth and helping them develop the faculties to discern and love the truth and the discipline to live by it.

We cannot have a moral renaissance unless we succeed in passing to the next generation our faith and values in full vigor.

The times are hostile to this. Public agencies, including public schools, are becoming secularized and increasingly are actively promoting moral relativism.

If ever there was a need for a resurgence of Catholic education – and more generally religiously-affiliated schools – it is today.

I think we should do all we can to promote and support authentic Catholic education at all levels.

Finally, as lawyers, we should be particularly active in the struggle that is being waged against religion on the legal plane.

We must be vigilant to resist efforts by the forces of secularization to drive religious viewpoints from the public square and to impinge upon the free exercise of our faith.

I can assure you that, as long as I am Attorney General, the Department of Justice will be at the forefront of this effort, ready to fight for the most cherished of our liberties: the freedom to live according to our faith.

Thank you for the opportunity to talk with you today. And God bless you and Notre Dame.

https://www.justice.gov/opa/speech/attorney-general-william-p-barr-delivers-remarks-law-school-and-de-nicola-center-ethics

 

William Barr’s right about left’s designs on religious freedom

– The Washington Times – Thursday, October 17, 2019

As the Caribbean saying goes, “I chucked a rock in the pen and a pig squealed.”

This explains all the frenzied squealing and indignant grunting we heard in response to the speech Attorney General William Barr gave last week to law students at the University of Notre Dame about the increasing hostility toward religious liberty in America.

Mr. Barr raised alarm over “the force, fervor and comprehensiveness of the assault on religion we are experiencing today.”

For anyone thinking this is some random force or natural course of history, he jolted a harsh warning.

“This is not decay. It is organized destruction,” he said.

“Secularists and their allies among the ‘progressives’ have marshaled all the force of mass communications, popular culture, the entertainment industry and academia in an unremitting assault on religion and traditional values.”

Anyone who missed the speech should find it and watch it. Anyone with a child in school should print out the speech and send it to him or her — or any of the other 16 genders schools are offering for students these days.

The smorgasbord of gender options inspires snorts of laughter among serious people, vexes anyone who believes in actual science and causes others to scoff and walk away.

But the infidels and infantiles who are running higher education today must be confronted with more than just laughter and dismissal. They are, after all, the ones destroying America by poisoning the minds of children. That is why the attorney general’s speech at Notre Dame is so important.

It is also why so many boars in the media took such offense to the speech and began squealing like a herd of mad swine racing for the lake.

One magazine cried that Mr. Barr is “neck deep in extremist Catholic institutions.”

For defending religious liberty?

Oh my. They make precisely William Barr’s point for him.

A major newspaper opined: “God is now Trump’s co-conspirator.” It was not meant as a compliment, again proving Mr. Barr’s point.

“Is this Barr’s cry for help?” pondered another major newspaper.

All the squealing proved not only Mr. Barr’s point about the rabid intolerance of religious liberty, but also that so many of the “intellectuals” in charge of American magazines and newspapers have already been poisoned by the nonsense and dishonesty dispensed by higher education these days.

These people are not only anti-religion, but they also are anti-science, anti-history and anti-liberty. Alexander Hamilton would weep if he knew the power these people now hold in his beloved republic.

Mr. Hamilton also would have applauded Mr. Barr’s speech. He and all the Founders would have recognized the speech as a flawless continuation of the endless debates they had about the nature of man, liberty and religion.

Picking up on the Founders’ discussion of man’s capacity for both “great good” and “great evil,” Mr. Barr said the “coercive power of government” cannot alone maintain a civil society. There must be other — more free and voluntary — guides of citizens’ behavior.

The notion of self-governance, he said, has dual meaning.

“It did not mean primarily the mechanics by which we select a representative legislative body. It referred to the capacity of each individual to restrain and govern themselves.”

Particularly alarming to Mr. Barr is the lust with which secular zealots go after personal, private religion.

“Militant secularists today do not have a ‘live and let live’ spirit,” he said. “They are not content to leave religious people alone to practice their faith. Instead, they seem to take delight in compelling people to violate their conscience.”

It is that very lust that leads political monsters to create untamable leviathans like Obamacare, which forces the Little Sisters of the Poor to violate their most precious religious convictions.

Is it any surprise, then, to see citizens turn on one another with the same evil lust?

https://www.washingtontimes.com/news/2019/oct/17/william-barrs-religious-hostility-speech-hits-sque/

 

 

Bill Barr ‘Gets’ Religion

The attorney general gives a speech on secularism, and the left goes bananas.

Opinion: At Notre Dame, Bill Barr Takes on the Secularists

Opinion: At Notre Dame, Bill Barr Takes on the Secularists
Main Street: During a speech at Notre Dame law school on October 11, 2019, Attorney General Bill Barr explained how secularists are assaulting religious freedom in an effort to break down traditional moral values and instead impose their own orthodoxy. Image: Robert Franklin/Associated Press

For Notre Dame fans, this football weekend was a twofer. Not only did the Irish beat a longtime rival, the University of Southern California, on Saturday, the campus was treated to a sight it had never before seen: the attorney general of the United States, at a pregame tailgater, serenading faculty, students and fans with his bagpipes.

Turns out that was William Barr’s second performance on campus. The first came at the law school Friday, when he delivered a bracing speech on the role of religion in the American story of freedom.

The attorney general advanced two broad propositions. First, the waning of religion’s influence in American life has left more of her citizens vulnerable to what Tocqueville called the “soft despotism” of government dependency. Second, today’s secularists are decidedly not of the live-and-let-live variety.

“The secular project has itself become a religion, pursued with religious fervor,” he said. “It is taking on all the trappings of religion, including inquisitions and excommunication. Those who defy the creed risk a figurative burning at the stake—social, educational and professional ostracism and exclusion waged through lawsuits and savage social media campaigns.”

Right out of central casting, critics stepped forward to prove his point. New York Times columnist Paul Krugman accused Mr. Barr of “religious bigotry” and described his words as a “pogrom type speech.”

Political ethicist and professional attention seeker Richard Painter tapped out a series of even more furious tweets, here calling the speech the latest episode of “The Handmaid’s Tale,” there suggesting Mr. Barr isn’t much of a Christian, here again saying Mr. Barr sounded like “vintage Goebbels.” Over at MSNBC, meanwhile, retired Army Col. Lawrence Wilkerson, once chief of staff to Secretary of State Colin Powell, told Joy Reid the attorney general is “Torquemada in a business suit,” a reference to the Spanish Inquisition’s grand inquisitor.

This is what we have come to expect when someone in public life mentions religion in a positive light. Many didn’t like Mr. Barr’s blaming secularism for social pathologies such as drug addiction, family breakdown and increasing numbers of angry and alienated young males. Yet few engaged his more arresting contention, which is that all these problems have spiritual roots. Whereas religion addresses such challenges by stressing personal responsibility, Mr. Barr argued, the state’s answer is merely to try to alleviate “bad consequences.”

“So the reaction to growing illegitimacy is not sexual responsibility, but abortion,” he said. “The reaction to drug addiction is safe injection sites. The solution to the breakdown of the family is for the state to set itself up as an ersatz husband for the single mother and an ersatz father for the children. The call comes for more and more social programs to deal with this wreckage—and while we think we’re solving problems, we are underwriting them.”

Vincent Phillip Muñoz, a Notre Dame professor, notes there was nothing particularly Catholic about this speech. Like Washington in his Farewell Address, he says, Mr. Barr focused on the irreplaceable role of religion in cultivating the morality citizens need to be capable of self-government.

“The speech wasn’t first and foremost about religious freedom,” says Mr. Muñoz. “It was about the human and social consequences of the new secular morality, and what happens when the state views its citizens not only in purely material terms, but as subjects who can’t really govern themselves.”

Even those who strongly disagree with Mr. Barr ought to have found this an invitation for thoughtful and vigorous debate. But rather than engage, some imply there is something unseemly about an attorney general’s even speaking at a Catholic university. Given the hostility that holding such a conversation engenders on campuses today, perhaps America can count itself fortunate it still has a university where this can happen.

Carter Snead, the law professor who invited Mr. Barr, puts it this way: “At Notre Dame, we are not afraid to explore the hard questions about God, religion and America together in friendship, especially on those matters about which people strongly disagree.”

Freedom of religion

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People praying to Lord Brahma, a Hindu deity, at the Erawan shrineBangkok

Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom to change one’s religion or beliefs.[1]

Freedom of religion is considered by many people and most of the nations to be a fundamental human right.[2][3] In a country with a state religion, freedom of religion is generally considered to mean that the government permits religious practices of other sects besides the state religion, and does not persecute believers in other faiths. Freedom of belief is different. It allows the right to believe what a person, group or religion wishes, but it does not necessarily allow the right to practice the religion or belief openly and outwardly in a public manner.

History

Minerva as a symbol of enlightened wisdom protects the believers of all religions (Daniel Chodowiecki, 1791)

Historically, freedom of religion has been used to refer to the tolerance of different theological systems of belief, while freedom of worship has been defined as freedom of individual action. Each of these have existed to varying degrees. While many countries have accepted some form of religious freedom, this has also often been limited in practice through punitive taxation, repressive social legislation, and political disenfranchisement. Compare examples of individual freedom in Italy or the Muslim tradition of dhimmis, literally “protected individuals” professing an officially tolerated non-Muslim religion.

The Declaration of the Rights of Man and of the Citizen (1789) guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society.

In Antiquity, a syncretic point of view often allowed communities of traders to operate under their own customs. When street mobs of separate quarters clashed in a Hellenistic or Romancity, the issue was generally perceived to be an infringement of community rights.

Cyrus the Great established the Achaemenid Empire ca. 550 BC, and initiated a general policy of permitting religious freedom throughout the empire, documenting this on the Cyrus Cylinder.[4][5]

Some of the historical exceptions have been in regions where one of the revealed religions has been in a position of power: Judaism, Zoroastrianism, Christianity and Islam. Others have been where the established order has felt threatened, as shown in the trial of Socrates in 399 BC or where the ruler has been deified, as in Rome, and refusal to offer token sacrifice was similar to refusing to take an oath of allegiance. This was the core for resentment and the persecution of early Christian communities.

Freedom of religious worship was established in the Buddhist Maurya Empire of ancient India by Ashoka the Great in the 3rd century BC, which was encapsulated in the Edicts of Ashoka.

Greek-Jewish clashes at Cyrene in 73 AD and 117 AD and in Alexandria in 115 AD provide examples of cosmopolitan cities as scenes of tumult.

The Romans tolerated most religions, including Judaism and encouraged local subjects to continue worshipping their own gods. They did not however, tolerate Christianity until it was legalised by the Roman emperor Galerius in 311. The Edict of Milan guaranteed freedom of religion in the Roman Empire until the Edict of Thessalonica in 380, which outlawed all religions except Christianity.

Muslim world

Following a period of fighting lasting around a hundred years before 620 AD which mainly involved Arab and Jewish inhabitants of Medina (then known as Yathrib), religious freedom for Muslims, Jews and pagans was declared by Muhammad in the Constitution of Medina. The Islamic Caliphate later guaranteed religious freedom under the conditions that non-Muslim communities accept dhimmi status and their adult males pay the punitive jizya tax instead of the zakat paid by Muslim citizens.[6] Though Dhimmis were not given the same political rights as Muslims, they nevertheless did enjoy equality under the laws of property, contract, and obligation.[7][8][9]

Religious pluralism existed in classical Islamic ethics and Sharia, as the religious laws and courts of other religions, including Christianity, Judaism and Hinduism, were usually accommodated within the Islamic legal framework, as seen in the early CaliphateAl-AndalusIndian subcontinent, and the Ottoman Millet system.[10][11] In medieval Islamic societies, the qadi (Islamic judges) usually could not interfere in the matters of non-Muslims unless the parties voluntarily choose to be judged according to Islamic law, thus the dhimmi communities living in Islamic states usually had their own laws independent from the Sharia law, such as the Jews who would have their own Halakha courts.[12]

Dhimmis were allowed to operate their own courts following their own legal systems in cases that did not involve other religious groups, or capital offences or threats to public order.[13] Non-Muslims were allowed to engage in religious practices that were usually forbidden by Islamic law, such as the consumption of alcohol and pork, as well as religious practices which Muslims found repugnant, such as the Zoroastrian practice of incestuous “self-marriage” where a man could marry his mother, sister or daughter. According to the famous Islamic legal scholar Ibn Qayyim (1292–1350), non-Muslims had the right to engage in such religious practices even if it offended Muslims, under the conditions that such cases not be presented to Islamic Sharia courts and that these religious minorities believed that the practice in question is permissible according to their religion.[14]

Despite Dhimmis enjoying special statuses under the Caliphates, they were not considered equals, and sporadic persecutions of non-Muslim groups did occur in the history of the Caliphates.[15][16][17]

India

Ancient Jews fleeing from persecution in their homeland 2,500 years ago settled in India and never faced anti-Semitism.[18] Freedom of religion edicts have been found written during Ashoka the Great‘s reign in the 3rd century BC. Freedom to practise, preach and propagate any religion is a constitutional right in Modern India. Most major religious festivals of the main communities are included in the list of national holidays.

Although India is an 80% Hindu country, India is a secular state without any state religions.

Many scholars and intellectuals believe that India’s predominant religion, Hinduism, has long been a most tolerant religion.[19] Rajni Kothari, founder of the Centre for the Study of Developing Societies has written, “[India] is a country built on the foundations of a civilisation that is fundamentally non-religious.”[20]

The Dalai Lama, the Tibetan leader in exile, said that religious tolerance of ‘Aryabhoomi,’ a reference to India found in the Mahabharata, has been in existence in this country from thousands of years. “Not only Hinduism, Jainism, Buddhism, Sikhism which are the native religions but also Christianity and Islam have flourished here. Religious tolerance is inherent in Indian tradition,” the Dalai Lama said.[21]

Freedom of religion in the Indian subcontinent is exemplified by the reign of King Piyadasi (304–232 BC) (Ashoka). One of King Ashoka’s main concerns was to reform governmental institutes and exercise moral principles in his attempt to create a just and humane society. Later he promoted the principles of Buddhism, and the creation of a just, understanding and fair society was held as an important principle for many ancient rulers of this time in the East.

The importance of freedom of worship in India was encapsulated in an inscription of Ashoka:

King Piyadasi (Ashok) dear to the Gods, honours all sects, the ascetics (hermits) or those who dwell at home, he honours them with charity and in other ways. But the King, dear to the Gods, attributes less importance to this charity and these honours than to the vow of seeing the reign of virtues, which constitutes the essential part of them. For all these virtues there is a common source, modesty of speech. That is to say, one must not exalt one’s creed discrediting all others, nor must one degrade these others without legitimate reasons. One must, on the contrary, render to other creeds the honour befitting them.

On the main Asian continent, the Mongols were tolerant of religions. People could worship as they wished freely and openly.

After the arrival of Europeans, Christians in their zeal to convert local as per belief in conversion as service of God, have also been seen to fall into frivolous methods since their arrival, though by and large there are hardly any reports of law and order disturbance from mobs with Christian beliefs, except perhaps in the north eastern region of India.[22]

Freedom of religion in contemporary India is a fundamental right guaranteed under Article 25 of the nation’s constitution. Accordingly, every citizen of India has a right to profess, practice and propagate their religions peacefully.[23] Vishwa Hindu Parishad counters this argument by saying that evangelical Christians are forcefully (or through money) converting rural, illiterate populations and they are only trying to stop this.

In September 2010, the Indian state of Kerala‘s State Election Commissioner announced that “Religious heads cannot issue calls to vote for members of a particular community or to defeat the nonbelievers”.[24] The Catholic Church comprising Latin, Syro-Malabar and Syro-Malankara rites used to give clear directions to the faithful on exercising their franchise during elections through pastoral letters issued by bishops or council of bishops. The pastoral letter issued by Kerala Catholic Bishops’ Council (KCBC) on the eve of the poll urged the faithful to shun atheists.[24]

Even today, most Indians celebrate all religious festivals with equal enthusiasm and respect. Hindu festivals like Deepavali and Holi, Muslim festivals like Eid al-FitrEid-Ul-AdhaMuharram, Christian festivals like Christmas and other festivals like Buddha PurnimaMahavir Jayanti, Gur Purab etc. are celebrated and enjoyed by all Indians.

Europe

Religious intolerance

Nineteenth century allegorical statue on the Congress Column in Belgium depicting religious freedom

Most Roman Catholic kingdoms kept a tight rein on religious expression throughout the Middle Ages. Jews were alternately tolerated and persecuted, the most notable examples of the latter being the expulsion of all Jews from Spain in 1492. Some of those who remained and converted were tried as heretics in the Inquisition for allegedly practicing Judaism in secret. Despite the persecution of Jews, they were the most tolerated non-Catholic faith in Europe.

However, the latter was in part a reaction to the growing movement that became the Reformation. As early as 1380, John Wycliffe in England denied transubstantiation and began his translation of the Bible into English. He was condemned in a Papal Bull in 1410, and all his books were burned.

In 1414, Jan Hus, a Bohemian preacher of reformation, was given a safe conduct by the Holy Roman Emperor to attend the Council of Constance. Not entirely trusting in his safety, he made his will before he left. His forebodings proved accurate, and he was burned at the stake on 6 July 1415. The Council also decreed that Wycliffe’s remains be disinterred and cast out. This decree was not carried out until 1429.

After the fall of the city of Granada, Spain, in 1492, the Muslim population was promised religious freedom by the Treaty of Granada, but that promise was short-lived. In 1501, Granada’s Muslims were given an ultimatum to either convert to Christianity or to emigrate. The majority converted, but only superficially, continuing to dress and speak as they had before and to secretly practice Islam. The Moriscos (converts to Christianity) were ultimately expelled from Spain between 1609 (Castile) and 1614 (rest of Spain), by Philip III.

Martin Luther published his famous 95 Theses in Wittenberg on 31 October 1517. His major aim was theological, summed up in the three basic dogmas of Protestantism:

  • The Bible only is infallible.
  • Every Christian can interpret it.
  • Human sins are so wrongful that no deed or merit, only God’s grace, can lead to salvation.

In consequence, Luther hoped to stop the sale of indulgences and to reform the Church from within. In 1521, he was given the chance to recant at the Diet of Worms before Charles V, Holy Roman Emperor. After he refused to recant, he was declared heretic. Partly for his own protection, he was sequestered on the Wartburg in the possessions of Frederick III, Elector of Saxony, where he translated the New Testament into German. He was excommunicated by Papal Bull in 1521.

However, the movement continued to gain ground in his absence and spread to Switzerland. Huldrych Zwingli preached reform in Zürich from 1520 to 1523. He opposed the sale of indulgences, celibacy, pilgrimages, pictures, statues, relics, altars, and organs. This culminated in outright war between the Swiss cantons that accepted Protestantism and the Catholics. The Catholics were victorious, and Zwingli was killed in battle in 1531. The Catholic cantons were magnanimous in victory.[citation needed]

The defiance of Papal authority proved contagious, and in 1533, when Henry VIII of England was excommunicated for his divorce and remarriage to Anne Boleyn, he promptly established a state church with bishops appointed by the crown. This was not without internal opposition, and Thomas More, who had been his Lord Chancellor, was executed in 1535 for opposition to Henry.

In 1535, the Swiss canton of Geneva became Protestant. In 1536, the Bernese imposed the reformation on the canton of Vaud by conquest. They sacked the cathedral in Lausanne and destroyed all its art and statuary. John Calvin, who had been active in Geneva was expelled in 1538 in a power struggle, but he was invited back in 1540.

A U.S. postage stamp commemorating religious freedom and the Flushing Remonstrance

The same kind of seesaw back and forth between Protestantism and Catholicism was evident in England when Mary I of England returned that country briefly to the Catholic fold in 1553 and persecuted Protestants. However, her half-sister, Elizabeth I of England was to restore the Church of England in 1558, this time permanently, and began to persecute Catholics again. The King James Bible commissioned by King James I of England and published in 1611 proved a landmark for Protestant worship, with official Catholic forms of worship being banned.

In France, although peace was made between Protestants and Catholics at the Treaty of Saint Germain in 1570, persecution continued, most notably in the Massacre of Saint Bartholomew’s Day on 24 August 1572, in which thousands of Protestants throughout France were killed. A few years before, at the “Michelade” of Nîmes in 1567, Protestants had massacred the local Catholic clergy.

Early steps and attempts in the way of tolerance

The cross of the war memorial and a menorah coexist in Oxford, Oxfordshire, England

The Norman Kingdom of Sicily under Roger II was characterized by its multi-ethnic nature and religious tolerance. Normans, Jews, Muslim Arabs, Byzantine Greeks, Lombards, and native Sicilians lived in harmony.[25][26][failed verification] Rather than exterminate the Muslims of Sicily, Roger II’s grandson Emperor Frederick II of Hohenstaufen (1215–1250) allowed them to settle on the mainland and build mosques. Not least, he enlisted them in his – Christian – army and even into his personal bodyguards.[27][need quotation to verify][28][need quotation to verify]

Bohemia (present-day Czech Republic) enjoyed religious freedom between 1436 and 1520, and became one of the most liberal countries of the Christian world during that period of time. The so-called Basel Compacts of 1436 declared the freedom of religion and peace between Catholics and Utraquists. In 1609 Emperor Rudolf II granted Bohemia greater religious liberty with his Letter of Majesty. The privileged position of the Catholic Church in the Czech kingdom was firmly established after the Battle of White Mountain in 1620. Gradually freedom of religion in Bohemian lands came to an end and Protestants fled or were expelled from the country. A devout Catholic, Emperor Ferdinand II forcibly converted Austrian and Bohemian Protestants.[citation needed]

In the meantime, in Germany Philip Melanchthon drafted the Augsburg Confession as a common confession for the Lutherans and the free territories. It was presented to Charles V in 1530.

In the Holy Roman Empire, Charles V agreed to tolerate Lutheranism in 1555 at the Peace of Augsburg. Each state was to take the religion of its prince, but within those states, there was not necessarily religious tolerance. Citizens of other faiths could relocate to a more hospitable environment.

In France, from the 1550s, many attempts to reconcile Catholics and Protestants and to establish tolerance failed because the State was too weak to enforce them. It took the victory of prince Henry IV of France, who had converted into Protestantism, and his accession to the throne, to impose religious tolerance formalized in the Edict of Nantes in 1598. It would remain in force for over 80 years until its revocation in 1685 by Louis XIV of France. Intolerance remained the norm until Louis XVI, who signed the Edict of Versailles (1787), then the constitutional text of 24 December 1789, granting civilian rights to Protestants. The French Revolution then abolished state religion and the Declaration of the Rights of Man and of the Citizen (1789) guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society.

Early laws and legal guarantees for religious freedom

Principality of Transylvania

In 1558, the Transylvanian Diet’s Edict of Torda declared free practice of both Catholicism and Lutheranism. Calvinism, however, was prohibited. Calvinism was included among the accepted religions in 1564. Ten years after the first law, in 1568, the same Diet, under the chairmanship of King of Hungary, and Prince of Transylvania John Sigismund Zápolya (John II.),[29] following the teaching of Ferenc Dávid,[30] the founder of the Unitarian Church of Transylvania,[31] extended the freedom to all religions, declaring that “It is not allowed to anybody to intimidate anybody with captivity or expelling for his religion“. However, it was more than a religious tolerance; it declared the equality of the religions, prohibiting all kinds of acts from authorities or from simple people, which could harm other groups or people because of their religious beliefs. The emergence in social hierarchy wasn’t dependent on the religion of the person thus Transylvania had also Catholic and Protestant monarchs, who all respected the Edict of Torda. The lack of state religion was unique for centuries in Europe. Therefore, the Edict of Torda is considered as the first legal guarantee of religious freedom in Christian Europe.[32]

Declaration, by Ferenc Dávid of Religious and Conscience Freedom in the Diet of Torda in 1568, painting by Aladár Körösfői-Kriesch

Act of Religious Tolerance and Freedom of Conscience: His majesty, our Lord, in what manner he – together with his realm – legislated in the matter of religion at the previous Diets, in the same matter now, in this Diet, reaffirms that in every place the preachers shall preach and explain the Gospel each according to his understanding of it, and if the congregation like it, well. If not, no one shall compel them for their souls would not be satisfied, but they shall be permitted to keep a preacher whose teaching they approve. Therefore none of the superintendents or others shall abuse the preachers, no one shall be reviled for his religion by anyone, according to the previous statutes, and it is not permitted that anyone should threaten anyone else by imprisonment or by removal from his post for his teaching. For faith is the gift of God and this comes from hearing, which hearings is by the word of God.

— Diet at Torda, 1568 : King John Sigismund[33]

Four religions (CatholicismLutheranismCalvinismUnitarianism) were named as accepted religions (religo recepta), having their representatives in the Transylvanian Diet, while the other religions, like the OrthodoxsSabbatariansand Anabaptists were tolerated churches (religio tolerata), which meant that they had no power in the law making and no veto rights in the Diet, but they were not persecuted in any way. Thanks to the Edict of Torda, from the last decades of the 16th Century Transylvania was the only place in Europe, where so many religions could live together in harmony and without persecution.[34]

This religious freedom ended however for some of the religions of Transylvania in 1638. After this year the Sabbatarians begun to be persecuted, and forced to convert to one of the accepted Christian religions of Transylvania.[35]

Habsburg rule in Transylvania

Also the Unitarians (despite of being one of the “accepted religions”) started to be put under an ever-growing pressure, which culminated after the Habsburg conquest of Transylvania (1691),[36] Also after the Habsburg occupation, the new Austrian masters forced in the middle of the 18th century the Hutterite Anabaptists (who found a safe heaven in 1621 in Transylvania, after the persecution to which they were subjected in the Austrian provinces and Moravia) to convert to Catholicism or to migrate in another country, which finally the Anabaptists did, leaving Transylvania and Hungary for Wallachia, than from there to Russia, and finally in the United States.[37]

Netherlands

In the Union of Utrecht (20 January 1579), personal freedom of religion was declared in the struggle between the Northern Netherlands and Spain. The Union of Utrecht was an important step in the establishment of the Dutch Republic (from 1581 to 1795). Under Calvinist leadership, the Netherlands became the most tolerant country in Europe. It granted asylum to persecuted religious minorities, such as the Huguenots, the Dissenters, and the Jews who had been expelled from Spain and Portugal.[38] The establishment of a Jewish community in the Netherlands and New Amsterdam (present-day New York) during the Dutch Republic is an example of religious freedom. When New Amsterdam surrendered to the English in 1664, freedom of religion was guaranteed in the Articles of Capitulation. It benefitted also the Jews who had landed on Manhattan Island in 1654, fleeing Portuguese persecution in Brazil. During the 18th century, other Jewish communities were established at Newport, Rhode Island, Philadelphia, Charleston, Savannah, and Richmond.[39]

Intolerance of dissident forms of Protestantism also continued, as evidenced by the exodus of the Pilgrims, who sought refuge, first in the Netherlands, and ultimately in America, founding Plymouth Colony in Massachusetts in 1620. William Penn, the founder of Philadelphia, was involved in a case which had a profound effect upon future American laws and those of England. In a classic case of jury nullification, the jury refused to convict William Penn of preaching a Quaker sermon, which was illegal. Even though the jury was imprisoned for their acquittal, they stood by their decision and helped establish the freedom of religion.[citation needed]

Poland

Original act of the Warsaw Confederation1573. The beginning of religious freedom in the Polish–Lithuanian Commonwealth

The General Charter of Jewish Liberties known as the Statute of Kalisz was issued by the Duke of Greater Poland Boleslaus the Pious on 8 September 1264 in Kalisz. The statute served as the basis for the legal position of Jews in Poland and led to the creation of the Yiddish-speaking autonomous Jewish nation until 1795. The statute granted exclusive jurisdiction of Jewish courts over Jewish matters and established a separate tribunal for matters involving Christians and Jews. Additionally, it guaranteed personal liberties and safety for Jews including freedom of religion, travel, and trade. The statute was ratified by subsequent Polish Kings: Casimir III of Polandin 1334, Casimir IV of Poland in 1453 and Sigismund I of Poland in 1539. Poland freed Jews from direct royal authority, opening up enormous administrative and economic opportunities to them.[40]

Polish–Lithuanian Commonwealth

The right to worship freely was a basic right given to all inhabitants of the future Polish–Lithuanian Commonwealth throughout the 15th and early 16th century, however, complete freedom of religion was officially recognized in 1573 during the Warsaw Confederation. Polish–Lithuanian Commonwealth kept religious freedom laws during an era when religious persecution was an everyday occurrence in the rest of Europe.[41]

United States

Most of the early colonies were generally not tolerant of dissident forms of worship, with Maryland being one of the exceptions. For example, Roger Williams found it necessary to found a new colony in Rhode Island to escape persecution in the theocratically dominated colony of Massachusetts. The Puritans of the Massachusetts Bay Colony were the most active of the New England persecutors of Quakers, and the persecuting spirit was shared by Plymouth Colony and the colonies along the Connecticut river.[42] In 1660, one of the most notable victims of the religious intolerance was English Quaker Mary Dyer, who was hanged in Boston, Massachusetts for repeatedly defying a Puritan law banning Quakers from the colony.[42] As one of the four executed Quakers known as the Boston martyrs, the hanging of Dyer on the Boston gallows marked the beginning of the end of the Puritan theocracy and New England independence from English rule, and in 1661 King Charles II explicitly forbade Massachusetts from executing anyone for professing Quakerism.[43] Anti-Catholic sentiment appeared in New England with the first Pilgrim and Puritan settlers.[44] In 1647, Massachusetts passed a law prohibiting any Jesuit Roman Catholic priests from entering territory under Puritan jurisdiction.[45] Any suspected person who could not clear himself was to be banished from the colony; a second offense carried a death penalty.[46] The Pilgrims of New England held radical Protestant disapproval of Christmas.[47] Christmas observance was outlawed in Boston in 1659.[48] The ban by the Puritans was revoked in 1681 by an English appointed governor, however it was not until the mid-19th century that celebrating Christmas became common in the Boston region.[49]

Freedom of religion was first applied as a principle of government in the founding of the colony of Maryland, founded by the Catholic Lord Baltimore, in 1634.[50] Fifteen years later (1649), the Maryland Toleration Act, drafted by Lord Baltimore, provided: “No person or persons…shall from henceforth be any waies troubled, molested or discountenanced for or in respect of his or her religion nor in the free exercise thereof.” The Act allowed freedom of worship for all Trinitarian Christians in Maryland, but sentenced to death anyone who denied the divinity of Jesus. The Maryland Toleration Act was repealed during the Cromwellian Era with the assistance of Protestant assemblymen and a new law barring Catholics from openly practicing their religion was passed.[51] In 1657, the Catholic Lord Baltimore regained control after making a deal with the colony’s Protestants, and in 1658 the Act was again passed by the colonial assembly. This time, it would last more than thirty years, until 1692[52] when, after Maryland’s Protestant Revolution of 1689, freedom of religion was again rescinded.[50][53] In addition, in 1704, an Act was passed “to prevent the growth of Popery in this Province”, preventing Catholics from holding political office.[53] Full religious toleration would not be restored in Maryland until the American Revolution, when Maryland’s Charles Carroll of Carrollton signed the American Declaration of Independence.

Rhode Island (1636), Connecticut (1636), New Jersey, and Pennsylvania (1682) – founded by Protestants Roger Williams, Thomas Hooker, and William Penn, respectively – combined the democratic form of government which had been developed by the Puritans and the Separatist Congregationalists in Massachusetts with religious freedom.[54][55][56][57] These colonies became sanctuaries for persecuted religious minorities. Catholics and later on Jews also had full citizenship and free exercise of their religions.[58][59][60] Williams, Hooker, Penn, and their friends were firmly convinced that freedom of conscience was the will of God. Williams gave the most profound argument: As faith is the free work of the Holy Spirit, it cannot be forced on a person. Therefore, strict separation of church and state has to be kept.[61] Pennsylvania was the only colony that retained unlimited religious freedom until the foundation of the United States in 1776. It was the inseparable connection between democracy, religious freedom, and the other forms of freedom which became the political and legal basis of the new nation. In particular, Baptists and Presbyterians demanded the disestablishment of state churches – Anglican and Congregationalist – and the protection of religious freedom.[62]

Reiterating Maryland’s and the other colonies’ earlier colonial legislation, the Virginia Statute for Religious Freedom, written in 1779 by Thomas Jefferson, proclaimed:

[N]o man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.

Those sentiments also found expression in the First Amendment of the national constitution, part of the United States’ Bill of Rights: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”

The United States formally considers religious freedom in its foreign relations. The International Religious Freedom Act of 1998 established the United States Commission on International Religious Freedom which investigates the records of over 200 other nations with respect to religious freedom, and makes recommendations to submit nations with egregious records to ongoing scrutiny and possible economic sanctions. Many human rights organizations have urged the United States to be still more vigorous in imposing sanctions on countries that do not permit or tolerate religious freedom.

Canada

Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference. Canadian law goes further, requiring that private citizens and companies provide reasonable accommodation to those, for example, with strong religious beliefs. The Canadian Human Rights Act allows an exception to reasonable accommodation with respect to religious dress, such as a Sikh turban, when there is a bona fide occupational requirement, such as a workplace requiring a hard hat.[63] In 2017 the Santo Daime Church Céu do Montréal received religious exemption to use Ayahuasca as a sacrament in their rituals.[64]

International

On 25 November 1981, the United Nations General Assembly passed the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. This declaration recognizes freedom of religion as a fundamental human right in accordance with several other instruments of international law.[65]

However, the most substantial binding legal instruments that guarantee the right to freedom of religion that was passed by the international community is the Convention on the Rights of the Child which states in its Article 14: “States Parties shall respect the right of the child to freedom of thought, conscience and religion. – States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. – Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.”[66]

Contemporary debates

Theistic, non-theistic and atheistic beliefs

In 1993, the UN’s human rights committee declared that article 18 of the International Covenant on Civil and Political Rights “protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief.”[67] The committee further stated that “the freedom to have or to adopt a religion or belief necessarily entails the freedom to choose a religion or belief, including the right to replace one’s current religion or belief with another or to adopt atheistic views.” Signatories to the convention are barred from “the use of threat of physical force or penal sanctions to compel believers or non-believers” to recant their beliefs or convert. Despite this, minority religions still are persecuted in many parts of the world.[68][69]

Secular liberalism

A man posing for a print

Adam Smith argued in favour of freedom of religion.

The French philosopher Voltaire noted in his book on English society, Letters on the English, that freedom of religion in a diverse society was deeply important to maintaining peace in that country. That it was also important in understanding why England at that time was more prosperous in comparison to the country’s less religiously tolerant European neighbours.

If one religion only were allowed in England, the Government would very possibly become arbitrary; if there were but two, the people would cut one another’s throats; but as there are such a multitude, they all live happy and in peace.[70]

Adam Smith, in his book The Wealth of Nations (using an argument first put forward by his friend and contemporary David Hume), states that in the long run it is in the best interests of society as a whole and the civil magistrate(government) in particular to allow people to freely choose their own religion, as it helps prevent civil unrest and reduces intolerance. So long as there are enough different religions and/or religious sects operating freely in a society then they are all compelled to moderate their more controversial and violent teachings, so as to be more appealing to more people and so have an easier time attracting new converts. It is this free competition amongst religious sects for converts that ensures stability and tranquillity in the long run.

Smith also points out that laws that prevent religious freedom and seek to preserve the power and belief in a particular religion will, in the long run, only serve to weaken and corrupt that religion, as its leaders and preachers become complacent, disconnected and unpractised in their ability to seek and win over new converts:[71]

The interested and active zeal of religious teachers can be dangerous and troublesome only where there is either but one sect tolerated in the society, or where the whole of a large society is divided into two or three great sects; the teachers of each acting by concert, and under a regular discipline and subordination. But that zeal must be altogether innocent, where the society is divided into two or three hundred, or, perhaps, into as many thousand small sects, of which no one could be considerable enough to disturb the public tranquillity. The teachers of each sect, seeing themselves surrounded on all sides with more adversaries than friends, would be obliged to learn that candour and moderation which are so seldom to be found among the teachers of those great sects.[72]

Hinduism

Hinduism is one of the more broad-minded religions when it comes to religious freedom.[73] It respects the right of everyone to reach God in their own way. Hindus believe in different ways to preach attainment of God and religion as a philosophy and hence respect all religions as equal. One of the famous Hindu sayings about religion is: “Truth is one; sages call it by different names.”[73]

Judaism

Women detained at Western Wall for wearing prayer shawls; photo from Women of the Wall

Judaism includes multiple streams, such as Orthodox, Reform JudaismConservative JudaismReconstructionist JudaismJewish Renewal and Humanistic Judaism. However, Judaism also exists in many forms as a civilization, possessing characteristics known as peoplehood, rather than strictly as a religion.[74] In the Torah, Jews are forbidden to practice idolatry and are commanded to root out pagan and idolatrous practices within their midst, including killing idolaters who sacrifice children to their gods, or engage in immoral activities. However, these laws are not adhered to anymore as Jews have usually lived among a multi-religious community.

After the conquest of the Kingdoms of Israel and Judea by the Roman Empire, a Jewish state did not exist until 1948 with the establishment of the State of Israel. For over 1500 years Jewish people lived under pagan, Christian, Muslim, etc. rule. As such Jewish people in some of these states faced persecution. From the pogroms in Europe during the Middle Ages to the establishment of segregated Jewish ghettos during World War II. In the Middle East, Jews were categorised as dhimmi, non- Muslims permitted to live within a Muslim state. Even though given rights within a Muslim state, a dhimmi is still not equal to a Muslim within Muslim society, the same way non-Jewish Israeli citizens are not equal with Jewish citizens in modern-day Israel.

Possibly because of this history of long term persecution, Jews in modernity have been among the most active proponents of religious freedom in the US and abroad and have founded and supported anti-hate institutions, including the Anti-Defamation League, the Southern Poverty Law Center and the American Civil Liberties Union. Jews are very active in supporting Muslim and other religious groups in the US against discrimination and hate crimes and most Jewish congregations throughout the US and many individual Jews participate in interfaith community projects and programs.

The State of Israel was established for the Jewish diaspora after World War II. While the Israel Declaration of Independence stresses religious freedom as a fundamental principle, in practice the current[timeframe?] government, dominated by the ultra-Orthodox segment of the population has instituted legal barriers for those who do not practice Orthodox Judaism as Jews. However, as a nation state, Israel is very open towards other religions and religious practices, including public Muslim call to prayer chants and Christian prayer bells ringing in Jerusalem. Israel has been evaluated in research by the Pew organization as having “high” government restrictions on religion. The government recognizes only Orthodox Judaism in certain matters of personal status, and marriages can only be performed by religious authorities. The government provides the greatest funding to Orthodox Judaism, even though adherents represent a minority of citizens.[75] Jewish women, including Anat Hoffman, have been arrested at the Western Wall for praying and singing while wearing religious garments the Orthodox feel should be reserved for men. Women of the Wall have organized to promote religious freedom at the Wall.[76] In November 2014, a group of 60 non-Orthodox rabbinical students were told they would not be allowed to pray in the Knesset synagogue because it is reserved for Orthodox. Rabbi Joel Levy, director of the Conservative Yeshiva in Jerusalem, said that he had submitted the request on behalf of the students and saw their shock when the request was denied. He noted: “paradoxically, this decision served as an appropriate end to our conversation about religion and state in Israel.” MK Dov Lipman expressed the concern that many Knesset workers are unfamiliar with non-Orthodox and American practices and would view “an egalitarian service in the synagogue as an affront.”[77] The non-Orthodox forms of Jewish practice function independently in Israel, except for these issues of praying at the Western Wall.

Christianity

Part of the Oscar Straus Memorial in Washington, D.C. honoring the right to worship

According to the Catholic Church in the Vatican II document on religious freedom, Dignitatis Humanae, “the human person has a right to religious freedom”, which is described as “immunity from coercion in civil society”.[78] This principle of religious freedom “leaves untouched traditional Catholic doctrine on the moral duty of men and societies toward the true religion.”[78] In addition, this right “is to be recognized in the constitutional law whereby society is governed and thus it is to become a civil right.”[78]

Prior to this, Pope Pius IX had written a document called the Syllabus of ErrorsThe Syllabus was made up of phrases and paraphrases from earlier papal documents, along with index references to them, and presented as a list of “condemned propositions”. It does not explain why each particular proposition is wrong, but it cites earlier documents to which the reader can refer for the Pope’s reasons for saying each proposition is false. Among the statements included in the Syllabus are: “[It is an error to say that] Every man is free to embrace and profess that religion which, guided by the light of reason, he shall consider true” (15); “[It is an error to say that] In the present day it is no longer expedient that the Catholic religion should be held as the only religion of the State, to the exclusion of all other forms of worship”; “[It is an error to say that] Hence it has been wisely decided by law, in some Catholic countries, that persons coming to reside therein shall enjoy the public exercise of their own peculiar worship”.[79]

Some Orthodox Christians, especially those living in democratic countries, support religious freedom for all, as evidenced by the position of the Ecumenical Patriarchate. Many Protestant Christian churches, including some BaptistsChurches of ChristSeventh-day Adventist Church and main line churches have a commitment to religious freedoms. The Church of Jesus Christ of Latter-day Saints also affirms religious freedom.[80]

However others, such as African scholar Makau Mutua, have argued that Christian insistence on the propagation of their faith to native cultures as an element of religious freedom has resulted in a corresponding denial of religious freedom to native traditions and led to their destruction. As he states in the book produced by the Oslo Coalition on Freedom of Religion or Belief, “Imperial religions have necessarily violated individual conscience and the communal expressions of Africans and their communities by subverting African religions.”[81][82]

In their book Breaking IndiaRajiv Malhotra and Aravindan Neelakandan discussed the “US Church” funding activities in India, such as the popularly advertised campaigns to “save” poor children by feeding, clothing, and educating them, with the book arguing that the funds collected were being used not so much for the purposes indicated to sponsors, but for indoctrination and conversion activities. They suggest that India is the prime target of a huge enterprise – a “network” of organizations, individuals, and churches – that, they argue, seem intensely devoted to the task of creating a separatist identity, history, and even religion for the vulnerable sections of India. They suggest that this nexus of players includes not only church groups, government bodies, and related organizations, but also private think tanks and academics.[83]

Joel Spring has written about the Christianization of the Roman Empire:

Christianity added new impetus to the expansion of empire. Increasing the arrogance of the imperial project, Christians insisted that the Gospels and the Church were the only valid sources of religious beliefs. Imperialists could claim that they were both civilizing the world and spreading the true religion. By the 5th century, Christianity was thought of as co-extensive with the Imperium romanum. This meant that to be human, as opposed to being a natural slave, was to be “civilized” and Christian. Historian Anthony Pagden argues, “just as the civitas; had now become coterminous with Christianity, so to be human – to be, that is, one who was ‘civil’, and who was able to interpret correctly the law of nature – one had now also to be Christian.” After the fifteenth century, most Western colonialists rationalized the spread of empire with the belief that they were saving a barbaric and pagan world by spreading Christian civilization.[84]

Islam

Conversion to Islam is simple, but Muslims are forbidden to convert from Islam to another religion. Certain Muslim-majority countries are known for their restrictions on religious freedom, highly favoring Muslim citizens over non-Muslim citizens. Other countries[who?] having the same restrictive laws tend to be more liberal when imposing them. Even other Muslim-majority countries are secular and thus do not regulate religious belief.[85][failed verification]

Islamic theologians[who?] quote the Qur’an (“There is no compulsion in religion”[2:256] and “Say: O you who reject faith, I do not worship what you worship, nor do you worship what I worship…To you be your religion, and to me be mine”[109:1–6], i.e., Sura Al-Kafirun) to show scriptural support for religious freedom.

Quran 2:190–194, referring to the war against Pagans during the Battle of Badr in Medina, indicates that Muslims are only allowed to fight against those who intend to harm them (right of self-defense) and that if their enemies surrender, they must also stop because God does not like those who transgress limits.

In Bukhari:V9 N316, Jabir ibn ‘Abdullah narrated that a Bedouin accepted Islam and then when he got a fever he demanded that Muhammad to cancel his pledge (allow him to renounce Islam). Muhammad refused to do so. The Bedouin man repeated his demand once, but Muhammad once again refused. Then, he (the Bedouin) left Medina. Muhammad said, “Madinah is like a pair of bellows (furnace): it expels its impurities and brightens and clear its good.” In this narration, there was no evidence demonstrating that Muhammad ordered the execution of the Bedouin for wanting to renounce Islam.

In addition, Quran 5:3, which is believed to be God’s final revelation to Muhammad, states that Muslims are to fear God and not those who reject Islam, and Quran 53:38–39 states that one is accountable only for one’s own actions. Therefore, it postulates that in Islam, in the matters of practising a religion, it does not relate to a worldly punishment, but rather these actions are accountable to God in the afterlife. Thus, this supports the argument against the execution of apostates in Islam.[86]

However, on the other hand, some Muslims support the practice of executing apostates who leave Islam, as in Bukhari:V4 B52 N260; “The Prophet said, ‘If a Muslim discards his religion and separates from the main body of Muslims, kill him.”[87] However, many Muslims believe that this hadith was written in the context of war and therefore Prophet Muhammad stipulated that whichever Muslim rejects his religion, leaves from the main body of Muslims and betrays the Muslims in war should be executed as a punishment for his treachery towards the community of Muslims. So many Muslims believe that this hadith talks about the punishment of Treason.[citation needed]

In Iran, the constitution recognizes four religions whose status is formally protected: Zoroastrianism, Judaism, Christianity, and Islam.[88] The constitution, however, also set the groundwork for the institutionalized persecution of Bahá’ís,[89] who have been subjected to arrests, beatings, executions, confiscation and destruction of property, and the denial of civil rights and liberties, and the denial of access to higher education.[88] There is no freedom of conscience in Iran, as converting from Islam to any other religion is forbidden.

In Egypt, a 16 December 2006 judgment of the Supreme Constitutional Court of Egypt created a clear demarcation between recognized religions – Islam, Christianity and Judaism – and all other religious beliefs;[90][91] no other religious affiliation is officially admissible.[92]The ruling leaves members of other religious communities, including Bahá’ís, without the ability to obtain the necessary government documents to have rights in their country, essentially denying them of all rights of citizenship.[92] They cannot obtain ID cards, birth certificates, death certificates, marriage or divorce certificates, and passports; they also cannot be employed, educated, treated in public hospitals or vote, among other things.[92] See Egyptian identification card controversy.

Changing religion

Among the most contentious areas of religious freedom is the right of an individual to change or abandon his or her own religion (apostasy), and the right to evangelize individuals seeking to convince others to make such a change.

Other debates have centered around restricting certain kinds of missionary activity by religions. Many Islamic states, and others such as China, severely restrict missionary activities of other religions. Greece, among European countries, has generally looked unfavorably on missionary activities of denominations others than the majority church and proselytizing is constitutionally prohibited.[93]

A different kind of critique of the freedom to propagate religion has come from non-Abrahamic traditions such as the African and Indian. African scholar Makau Mutua criticizes religious evangelism on the ground of cultural annihilation by what he calls “proselytizing universalist faiths” (Chapter 28: Proselytism and Cultural Integrity, p. 652):

…the (human) rights regime incorrectly assumes a level playing field by requiring that African religions compete in the marketplace of ideas. The rights corpus not only forcibly imposes on African religions the obligation to compete – a task for which as nonproselytizing, noncompetitive creeds they are not historically fashioned – but also protects the evangelizing religions in their march towards universalization … it seems inconceivable that the human rights regime would have intended to protect the right of certain religions to destroy others.[94]

Some Indian scholars[95] have similarly argued that the right to propagate religion is not culturally or religiously neutral.

In Sri Lanka, there have been debates regarding a bill on religious freedom that seeks to protect indigenous religious traditions from certain kinds of missionary activities. Debates have also occurred in various states of India regarding similar laws, particularly those that restrict conversions using force, fraud or allurement.

In 2008, Christian Solidarity Worldwide, a Christian human rights non-governmental organisation which specializes in religious freedom, launched an in-depth report on the human rights abuses faced by individuals who leave Islam for another religion. The report is the product of a year long research project in six different countries. It calls on Muslim nations, the international community, the UN and the international media to resolutely address the serious violations of human rights suffered by apostates.[96]

Apostasy in Islam

Legal opinion on apostasy by the Fatwacommittee at Al-Azhar University in Cairo, the highest Islamic institution in the world, concerning the case of a man who converted to Christianity: “Since he left Islam, he will be invited to express his regret. If he does not regret, he will be killed pertaining to rights and obligations of the Islamic law.”

In Islam, apostasy is called “ridda” (“turning back”) and is considered to be a profound insult to God. A person born of Muslim parents that rejects Islam is called a “murtad fitri” (natural apostate), and a person that converted to Islam and later rejects the religion is called a “murtad milli” (apostate from the community).[97]

In Islamic law (Sharia), the consensus view is that a male apostate must be put to death unless he suffers from a mental disorder or converted under duress, for example, due to an imminent danger of being killed. A female apostate must be either executed, according to Shafi’iMaliki, and Hanbali schools of Sunni Islamic jurisprudence (fiqh), or imprisoned until she reverts to Islam as advocated by the Sunni Hanafi school and by Shi’ascholars.[98]

Ideally, the one performing the execution of an apostate must be an imam.[98] At the same time, all schools of Islamic jurisprudence agree that any Muslim can kill an apostate without punishment.[99]

However, while almost all scholars agree about the punishment, many disagree on the allowable time to retract the apostasy. Many scholars push this as far as allowing the apostate until he/she dies, making the death penalty more of a theoretical statement/exercise.[citation needed] S. A. Rahman, a former Chief Justice of Pakistan, argues that there is no indication of the death penalty for apostasy in the Qur’an.[100]

Secular law

Religious practice may also conflict with secular law, creating debates on religious freedom. For instance, even though polygamy is permitted in Islam, it is prohibited in secular law in many countries. This raises the question of whether prohibiting the practice infringes on the beliefs of certain Muslims. The US and India, both constitutionally secular nations, have taken two different views of this. In India, polygamy is permitted, but only for Muslims, under Muslim Personal Law. In the US, polygamy is prohibited for all. This was a major source of conflict between the early LDS Church and the United States until the Church amended its position on practicing polygamy.

Similar issues have also arisen in the context of the religious use of psychedelic substances by Native American tribes in the United States as well as other Native practices.

In 1955, Chief Justice of California Roger J. Traynor neatly summarized the American position on how freedom of religion cannot imply freedom from law: “Although freedom of conscience and the freedom to believe are absolute, the freedom to act is not.”[101] But with respect to the religious use of animals within secular law and those acts, the US Supreme Court decision in the case of the Church of Lukumi Babalu Aye v. City of Hialeah in 1993 upheld the right of Santeria adherents to practice ritual animal sacrifice, with Justice Anthony Kennedy stating in the decision: “religious beliefs need not be acceptable, logical, consistent or comprehensible to others in order to merit First Amendment protection” (quoted by Justice Kennedy from the opinion by Justice Burger in Thomas v. Review Board of the Indiana Employment Security Division 450 U.S. 707 (1981)).[102]

In 2015, Kim Davis, a Kentucky county clerk, refused to abide by the Supreme Court decision in Obergefell v. Hodges legalizing Same-sex marriage in the United States. When she refused to issue marriage licenses, she became embroiled in the Miller v. Davis lawsuit. Her actions caused attorney and author Roberta Kaplan to state that “Kim Davis is the clearest example of someone who wants to use a religious liberty argument to discriminate.”[103]

In 1962, the case of Engele v. Vitale went to court over the violation of the Establishment Clause of the First Amendment resulting from a mandatory nondenominational prayer in New York public schools. The Supreme Court ruled in opposition to the state.[104]

In 1963, the Supreme Court ruled on the case of Abington School District v. Schempp. Edward Schempp sued the school district in Abington over the Pennsylvania law which required students to hear and sometimes read portions of the bible for their daily education. The court ruled in favor of Schempp and the Pennsylvania law was overturned.[105]

In 1968, the Supreme Court ruled on the case of Epperson v. Arkansas. Susan Epperson, a high school teacher in Arkansas sued over a violation of religious freedom. The state had a law banning the teaching of evolution and the school Epperson worked for had provided curriculum which contained evolutionary theory. Epperson had to choose between violating the law or losing her job. The Supreme Court ruled to overturn the Arkansas law because it was unconstitutional.[106]

Children’s rights

The law in Germany provides the term of “religious majority” (Religiöse Mündigkeit) with a minimum age for minors to follow their own religious beliefs even if their parents don’t share those or don’t approve. Children 14 and older have the unrestricted right to enter or exit any religious community. Children 12 and older cannot be compelled to change to a different belief. Children 10 and older have to be heard before their parents change their religious upbringing to a different belief.[107] There are similar laws in Austria[108] and in Switzerland.[109]

International Religious Freedom Day

27 October is International Religious Freedom Day, in commemoration of the execution of the Boston martyrs, a group of Quakers executed by the Puritans on Boston Common for their religious beliefs under the legislature of the Massachusetts Bay Colony between 1659–1661.[110] The US proclaimed 16 January Religious Freedom Day.[111]

Modern concerns

In its 2011 annual report, the United States Commission on International Religious Freedom designated fourteen nations as “countries of particular concern”. The commission chairman commented that these are nations whose conduct marks them as the world’s worst religious freedom violators and human rights abusers. The fourteen nations designated were Burma, China, Egypt, Eritrea, Iran, Iraq, Nigeria, North Korea, Pakistan, Saudi Arabia, Sudan, Turkmenistan, Uzbekistan, and Vietnam. Other nations on the commission’s watchlist include Afghanistan, Belarus, Cuba, India, Indonesia, Laos, Russia, Somalia, Tajikistan, Turkey, and Venezuela.[112]

There are concerns about the restrictions on public religious dress in some European countries (including the HijabKippah, and Christian cross).[113][114] Article 18 of the UN International Covenant on Civil and Political Rights limits restrictions on freedom to manifest one’s religion or beliefs to those necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.[115] Freedom of religion as a legal concept is related to, but not identical with, religious toleration, separation of church and state, or secular state (laïcité).

Social hostilities and government restrictions

Freedom of religion by country (Pew Research Center study, 2009). Light yellow: low restriction; red: very high restriction on freedom of religion.

The Pew Research Center has performed studies on international religious freedom between 2009 and 2015, compiling global data from 16 governmental and non-governmental organizations–including the United Nations, the United States State Department, and Human Rights Watch–and representing over 99.5 percent of the world’s population.[116][117] In 2009, nearly 70 percent of the world’s population lived in countries classified as having heavy restrictions on freedom of religion.[116][117] This concerns restrictions on religion originating from government prohibitions on free speech and religious expression as well as social hostilities undertaken by private individuals, organisations and social groups. Social hostilities were classified by the level of communal violence and religion-related terrorism.

While most countries provided for the protection of religious freedom in their constitutions or laws, only a quarter of those countries were found to fully respect these legal rights in practice. In 75 countries governments limit the efforts of religious groups to proselytise and in 178 countries religious groups must register with the government. In 2013, Pew classified 30% of countries as having restrictions that tend to target religious minorities, and 61% of countries have social hostilities that tend to target religious minorities.[118]

The countries in North and South America reportedly had some of the lowest levels of government and social restrictions on religion, while The Middle East and North Africa were the regions with the highest. Saudi Arabia, Pakistan and Iran were the countries that top the list of countries with the overall highest levels of restriction on religion. Topping the Pew government restrictions index were Saudi Arabia, Iran, Uzbekistan, China, Egypt, Burma, Maldives, Eritrea, Malaysia and Brunei.

Of the world’s 25 most populous countries, Iran, Egypt, Indonesia and Pakistan had the most restrictions, while Brazil, Japan, Italy, South Africa, the UK, and the US had some of the lowest levels, as measured by Pew.

Vietnam and China were classified as having high government restrictions on religion but were in the moderate or low range when it came to social hostilities. Nigeria, Bangladesh and India were high in social hostilities but moderate in terms of government actions.

Restrictions on religion across the world increased between mid-2009 and mid-2010, according to a 2012 study by the Pew Research Center. Restrictions in each of the five major regions of the world increased—including in the Americas and sub-Saharan Africa, the two regions where overall restrictions previously had been declining. In 2010, Egypt, Nigeria, the Palestinian territories, Russia, and Yemen were added to the “very high” category of social hostilities.[119] The five highest social hostility scores were for Pakistan, India, Sri Lanka, Iraq, and Bangladesh.[120] In 2015, Pew published that social hostilities declined in 2013, but the harassment of Jews increased.[118]

In the Palestinian territories, Palestinians face tight restrictions on practicing the freedom of religion due to the ongoing Israeli–Palestinian conflict. In a report published by the Geneva-based Euro-Mediterranean Human Rights Monitor, eyewitnesses reported systematic practices aiming at preventing young men and women from performing their prayers at Al-Aqsa Mosque. These practices include military orders issued by the Israeli Defense Army commander against specific Palestinians who have an effective role in Jerusalem, interrogating young men, and creating a secret blacklist of people who are prevented from entering the Al-Aqsa Mosque.[121]

See also

References…

Further reading

External links

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

Blaine Amendment

From Wikipedia, the free encyclopedia

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The Blaine Amendment was first a failed amendment to the U.S. Constitution. Thirty-eight of the fifty states adopted provisions of Blaine in their state constitutions. These provisions forbid direct government aid to educational institutions that have a religious affiliation. They were designed to prohibit aid to parochial schools, especially those operated by the Catholic Church in locations with large immigrant populations.[1] The Blaine Amendment emerged from a growing consensus among 19th-century American Protestants that public education must be free from sectarian or denominational control, while it also reflected nativist tendencies hostile to immigrants.[2]

Contents

Proposed federal amendment

President Ulysses S. Grant (1869–77) in a speech in 1875 to a veteran’s meeting, called for a Constitutional amendment that would mandate free public schools and prohibit the use of public money for sectarian schools. He was echoing nativist sentiments that were strong in his Republican Party.[3][4]

Grant laid out his agenda for “good common school education.” He attacked government support for “sectarian schools” run by religious organizations, and called for the defense of public education “unmixed with sectarian, pagan or atheistical dogmas.” Grant declared that “Church and State” should be “forever separate.” Religion, he said, should be left to families, churches, and private schools devoid of public funds.[5]

After Grant’s speech Republican Congressman James G. Blaine (1830–1893) proposed the amendment to the federal Constitution. Blaine, who actively sought Catholic votes when he ran for president in 1884, believed that possibility of hurtful agitation on the school question should be ended.[6] In 1875, the proposed amendment passed by a vote of 180 to 7 in the House of Representatives, but failed by four votes to achieve the necessary two-thirds vote in the United States Senate. It never became federal law.

The proposed text was:

No State shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; and no money raised by taxation in any State for the support of public schools, or derived from any public fund therefor, nor any public lands devoted thereto, shall ever be under the control of any religious sect; nor shall any money so raised or lands so devoted be divided between religious sects or denominations.

Amendments to state constitutions

Supporters of the proposal then turned their attention to state legislatures, where their efforts met with far greater success. Eventually, all but 10 states (ArkansasConnecticutMaineMarylandNew JerseyNorth CarolinaRhode IslandTennesseeVermont, and West Virginia) passed laws that meet the general criteria for designation as “Blaine amendments,” in that they ban the use of public funds to support sectarian private schools.[7] In some states the provisions in question were included in newly drafted constitutions, rather than adopted as amendments to an existing constitution.

The state Blaine amendments remain in effect in many states.[8][9] In 2012, 46% of voters endorsed a measure repealing Florida’s Blaine amendment. A 60% margin was required for adoption.[10] Voters have also rejected proposals to repeal their state-level Blaine amendments in New York (1967), Michigan (1970), Oregon (1972), Washington state (1975), Alaska (1976), Massachusetts (1986), and Oklahoma (2016).[11][12]

On April 1, 1974, voters in Louisiana approved a new constitution by a margin of 58 to 42 percent,[13] which repealed the Blaine amendment that was part of that state’s 1921 constitution.[14] Louisiana’s current 1974 constitution replaced it with a copy of the federal First Amendment’s no-establishment and free exercise clauses, in Article 1, Sec. 8 of its Declaration of Rights; in Article 8, Sec. 13(a), it also guarantees the provision of free textbooks and “materials of instruction” to all children attending elementary and secondary schools in Louisiana.[15]

Two other states, South Carolina and Utah, have also watered down their “no-aid to religion” constitutional clauses by removing from them the word “indirect,” leaving only a prohibition of direct aid or assistance to religious schools in these states.[16]

See also

Notes

  1. ^ [1]
  2. ^ Jeffrey D. Schultz et al eds. (1999). Encyclopedia of Religion in American Politics. Greenwood. p. 29.
  3. ^ Jeffrey D. Schultz et al eds. (1999). Encyclopedia of Religion in American Politics. Greenwood. p. 29.
  4. ^ Tyler Anbinder says, “Grant was not an obsessive nativist. He expressed his resentment of immigrants and animus toward Catholicism only rarely. But these sentiments reveal themselves frequently enough in his writings and major actions as general….In the 1850s he joined a Know Nothing lodge and irrationally blamed immigrants for setbacks in his career.” Anbinder, “Ulysses S. Grant, Nativist,” Civil War History 43 (June 1997): 119–41. online
  5. ^ Deforrest (2003)
  6. ^ Steven Green (2010). The Second Disestablishment : Church and State in Nineteenth-Century America. Oxford University Press. p. 296.
  7. ^ [2]
  8. ^ [3]
  9. ^ [4]
  10. ^ Olorunnipa, Toluse (November 6, 2012). “Florida voters reject most constitutional amendments, including ‘religious freedom’ proposal”Tampa Bay Times. Retrieved November 6, 2015.
  11. ^ “The 27 Statewide Referenda on School Vouchers or Their Variants, 1966-2007”. Americans for Religious Liberty. Retrieved February 29, 2016.
  12. ^ “Oklahoma Public Money for Religious Purposes, State Question 790 (2016)”. Ballotpedia.
  13. ^ “Archived copy”. Archived from the original on 2017-05-28. Retrieved 2016-03-01.
  14. ^ Art.4, Sec. 8, Constitution of Louisiana, 1921: “No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such, and no preference shall ever be given, nor any discrimination made against, any church, sect or creed of religion, or any form of religious faith or worship.”
  15. ^ https://en.wikisource.org/wiki/Louisiana_State__Constitution_(1974).
  16. ^ Article 11, Sec. 4 of the South Carolina Constitution states, “No money shall be paid from public funds nor shall the credit of the State or any of its political subdivisions be used for the direct benefit of any religious or other private educational institution.” And Utah’s constitution says, according to Article 10, Sec. 8, “Neither the state of Utah nor its political subdivisions may make any appropriation for the direct support of any school or educational institution controlled by any religious organization.” Regina Reaves Hayden, annotated by Steven K. Green, Esq. Stars in the Constitutional Constellation: Federal and State Constitutional Provisions on Church and State. Silver Spring, MD: Americans United Research Foundation, 1993, p. 109, 122.

Further reading

  • Deforrest, Mark Edward. “An Overview and Evaluation of State Blaine Amendments: Origins, Scope, and First Amendment Concerns,” Harvard Journal of Law and Public Policy, Vol. 26, 2003 in Questia
  • Green, Steven K. “The Blaine Amendment Reconsidered,” 36 Am. J. Legal Hist. 38 (1992)

External links

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

Mr. Barr’s argument has been echoed throughout American history: “Our Constitution was made only for a moral and religious people” (John Adams). “Liberty cannot be established without morality, nor morality without faith” (Tocqueville). “In teaching this democratic faith to American children, we need the sustaining, buttressing aid of those great ethical religious teachings which are the heritage of our modern civilization. For ‘not upon strength nor upon power, but upon the spirit of God’ shall our democracy be founded” (FDR). And so on.

That so many would become unhinged by Mr. Barr’s relatively modest contribution to the genre is highly revealing of the absolutism of secularist opponents determined to marginalize and destroy anyone who dares dissent from their own uncompromising orthodoxy.

 

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The Pronk Pops Show 1327, September 25, 2019, Story 1: President Trump News Conference — Videos — Story 2: President Trump Call To Ukraine President — Perfectly Legal Call as Unclassified MEMORANDUM OF TELEPHONE CONVERSATION Clearly Shows — President Trump is Under Article Two of The Constitution The Chief Law Enforcement Officer of The United States — TREATY WITH UKRAINE ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS — Videos –Story 3: The Attempted Coupe and Political Suicide of Democrat Party — The REDS (Radical Extremist Democrat Socialist) Candidates: Going Down in 2020 For Betraying The American People and Constitution — Videos — Story 4: CIA Officer Assigned To White House Was The Whistle-blower That Was Aiding and Abetting A Leaker of Classified Information — Second Hand Hearsay — Who Was The Leaker? Who Was The Whistle-blower? — President Trump Wants To Know — Videos

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SECRET//ORCON/NOFORN

UNCLASSIFIED

[PkgNumberShort]

Declassified by order of the President
September 24, 2019

EYES-ONLY
DO NOT COPY

MEMORANDUM OF TELEPHONE CONVERSATION

SUBJECT: (C) Telephone Conversation with President Zelenskyy of Ukraine
PARTICIPANTS: President Zelenskyy of Ukraine

Notetakers: The White House Situation Room

DATE TIME
AND PLACE
July 25, 2019, 9:03 – 9:33 a.m. EDT
Residence

(S/NF) The President: Congratulations on a great victory. We all watched from the United States and you did a terrific job. The way you came from behind, somebody who wasn’t given much of a chance, and you ended up winning easily. It’s a fantastic achievement. Congratulations.

(S/NF) President Zelenskyy: You are absolutely right Mr. President. We did win big and we worked hard for this. We worked a lot but I would like to confess to you that I had an opportunity to learn from you. We used quite a few of your skills and knowledge and were able to use it as an example for our elections and yes it is true that these were unique elections. We were in a unique situation that we were able to

CAUTION: A Memorandum of a Telephone Conversation (TELCON) is not a verbatim transcript of a discussion. The text in this document records the notes and recollections of Situation Room Duty officers and NSC policy staff assigned to listen and memorialize the conversation in written form as the conversation takes place. A number of factors can affect the accuracy of the record, including poor telecommunications connections and variations in accent and/or interpretation, The word “inaudible” is used to indicate portions of a conversation that the notetaker was unable to hear.

Classified By: 2354726

Derived From: NSC SCG

Declassify On: 20441231

SECRET//ORCON/NOFORN

UNCLASSIFIED

2

achieve a unique success. I’m able to tell you the following; the first time, you called me to congratulate me when I won my presidential election, and the second time you are now calling me when my party won the parliamentary election. I think I should run more often so you can call me more often and we can talk over the phone more often.

(S/NF) The President: [laughter] That’s a very good idea. I think your country is very happy about that.

(S/NF) President Zelenskyy: Well yes, to tell you the truth, we are trying to work hard because we wanted to drain the swamp here in our country. We brought in many many new people. Not the old politicians, not the typical politicians, because we want to have a new format and a new type of government. You are a great teacher for us and in that.

(S/NF) The President: Well it’s very nice of you to say that. I will say that we do a lot for Ukraine. We spend a lot of effort and a lot of time.1 Much more than the European countries are doing and they should be helping you more than they are. Germany does almost nothing for you. All they do is talk and I think it’s something that you should really ask them about. When I was speaking to Angela Merkel she talks Ukraine, but she doesn’t do anything. A lot of the European countries are the same way so I think it’s something you want to look at but the United States has been very very good to Ukraine. I wouldn’t say that it’s reciprocal necessarily because things are happening that are not good but the United States has been very very good to Ukraine.2

(S/NF) President Zelenskyy: Yes you are absolutely right. Not only. 100%, but actually 1000% and I can tell you the following; I did talk to Angela Merkel and I did meet with her. I also met and talked with Macron and I told them that they are not doing quite as much as they need to be doing on the issues with the sanctions. They are not enforcing the sanctions. They are not working as much as they should work for Ukraine. It turns out that even though logically, the European Union should be our biggest partner but technically the United States is a much bigger partner than the European Union and I’m very grateful to you for that because the United States is doing quite a lot for Ukraine. Much more than the European Union especially when we are talking about sanctions against the Russian Federation. I would also like to thank you for your great support in the area of defense. We are ready to continue to cooperate for the next steps. specifically we are almost ready to buy more Javelins from the United States for defense purposes.

  • 1 Mr. Trump alludes to American aid, while not explicitly linking his request to unfreezing it. At the time of this call, Mr. Trump was holding back hundreds of millions of dollars in military assistance to Ukraine that Congress had appropriated to help that country fend off Russian aggression.
  • 2 Mr. Trump brings up the idea of reciprocity, suggesting that the United States has been good to Ukraine even though something Ukraine has done is not good. The next thing Mr. Trump said — after Mr. Zelensky responded to this statement — was to ask for investigations.

SECRET//ORCON/NOFORN

UNCLASSIFIED

3

(S/NF) The PresidentI would like you to do us a favor though because our country has been through a lot and Ukraine knows a lot about it. I would like you to find out what happened with this whole situation with Ukraine, they say Crowdstrike… I guess you have one of your wealthy people… The server, they say Ukraine has it. There are a lot of things that went on, the whole situation. I think you’re surrounding yourself with some of the same people. I would like to have the Attorney General call you or your people and I would like you to get to the bottom of it3. As you saw yesterday, that whole nonsense ended with a very poor performance by a man named Robert Mueller, an incompetent performance, but they say a lot of it started with Ukraine. Whatever you can do, it’s very important that you do it if that’s possible.

(S/NF) President Zelenskyy: Yes it is very important for me and everything that you just mentioned earlier. For me as a President, it is very important and we are open for any future cooperation. We are ready to open a new page on cooperation in relations between the United States and Ukraine. For that. purpose, I just recalled our ambassador from United States and he will be replaced by a very competent and very experienced ambassador who will work hard on making sure that our two nations are getting closer. I would also like and hope to see him having your trust and your confidence and have personal relations with you so we can cooperate even more so. I will personally tell you that one of my assistants spoke with Mr. Giuliani just recently and we are hoping very much that Mr. Giuliani will be able to travel to Ukraine and we will meet once he comes to Ukraine. I just wanted to assure you once again that you have nobody but friends around us. I will make sure that I surround myself with the best and most experienced people. I also wanted to tell you that we are friends. We are great friends and you Mr. President have, friends in our country so we can continue our strategic partnership. I also plan to surround myself with great people and in addition to that investigation, I guarantee as the President of Ukraine that all the investigations will be done openly and candidly. That I can assure you.

(S/NF) The President: Good because I heard you had a prosecutor who was very good and he was shut down and that’s really unfair. A lot of people are talking about that, the way they shut your very good prosecutor down and you had some very bad people involved. Mr. Giuliani is a highly respected man. He was the mayor of New York City, a great mayor, and I would like him to

  • 3 Mr. Trump said Attorney General William P. Barr would call the Ukrainian president about another investigation. Mr. Trump appears to be referencing an unsubstantiated conspiracy theory pushed by Rudolph W. Giuliani, the president’s personal lawyer, that Ukraine had some involvement in the emails stolen from Democratic National Committee.

SECRET//ORCON/NOFORN

UNCLASSIFIED

4

call you. I will ask him to call you along with the Attorney General. Rudy very much knows what’s happening and he is a very capable guy. If you could speak to him that would be great.4 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. The other thing, There’s a lot of talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney General would be great. Biden went around bragging that he stopped the prosecution so if you can look into it… It sounds horrible to me. 5

(S/NF) President Zelenskyy: I wanted to tell you about the prosecutor. First of all I understand and I’m knowledgeable about the situation. Since we have won the absolute majority in our Parliament, the next prosecutor general will be 100% my person, my candidate, who will be approved by the parliament and will start as a new prosecutor in September. He or she will look into the situation, specifically to the company that you mentioned in this issue. The issue of the investigation of the case is actually the issue of making sure to restore the honesty so we will take care of that and will work on the investigation of the case. On top of that, I would kindly ask you if you have any additional information that you can provide to us, it would be very helpful for the investigation6 to make sure that we administer justice in our country with regard to the Ambassador to the United States from Ukraine as far as I recall her name was Ivanovich. It was great that you were the first one, who told me that she was a bad ambassador because I agree with you 100%. Her attitude towards me was far from the best as she admired the previous President and she was on his side. She would not accept me as a new President: well enough.

(S/NF) The President: Well, she’s going to go through some things. I will have Mr. Giuliani give you a call and I am also going to have Attorney General Barr call and we will get to the bottom of it. I’m sure you will figure it out. I heard the prosecutor was treated very badly and he was a very fair prosecutor so good luck with everything. Your economy is going to get better and better I predict. You have a lot of assets. It’s a great country. I have many Ukrainian friends, their incredible people.

(S/NF) President Zelenskyy: I would like to tell you that I also have quite a few Ukrainian friends that live in the United States. Actually last time I traveled to the United States, I stayed in New York near Central Park and I stayed at the Trump

  • 4 Mr. Trump is pushing Mr. Zelensky to deal directly with Mr. Giuliani, his personal lawyer and close ally. Mr. Giuliani has repeatedly pushed conspiracy theories about the Bidens and encouraged the Ukrainian government to ramp up investigations into them.
  • 5 Here, Mr. Trump pushes the Ukrainian president to get his country’s prosecutor to open an investigation into former Vice President Joseph R. Biden Jr. and his son, Hunter.
  • 6 Mr. Zelensky promises to do what Mr. Trump is asking — launch an investigation into the Bidens — but also asks Mr. Trump if he can provide any information for Ukrainian investigators to look at.

SECRET//ORCON/NOFORN

UNCLASSIFIED

5

Tower. I will talk to them and I hope to see them again in the future. I also wanted to thank you for your invitation to visit the United States, specifically Washington DC. On the other hand, I also want to ensure you that we will be very serious about the case and will work on the investigation. As to the economy, there is much potential for our two countries and one of the issues that is very important for Ukraine is energy independence. I believe we can be very successful and cooperating on energy independence with United States. We are already working on cooperation. We are buying American oil but I am very hopeful for a future meeting. We will have more time and more opportunities to discuss these opportunities and get to know each other better. I would like to thank you very much for your support.

(S/NF) The President: Good. Well, thank you very much and I appreciate that. I will tell Rudy and Attorney General Barr to call. Thank you. Whenever you would like to come to the White House, feel free to call. Give us a date and we’ll work that out. I look forward to seeing you.

(S/NF) President Zelenskyy: Thank you very much. I would be very happy to come and would be happy to meet with you personally and get to know you better. I am looking forward to our meeting and I also would like to invite you to visit Ukraine and come to the city of Kyiv which is a beautiful city. We have a beautiful country which would welcome you. On the other hand, I believe that on September 1 we will be in Poland and we can meet in Poland hopefully. After that, it might be a very good idea for you to travel to Ukraine. We can either take my plane and go to Ukraine or we can take your plane, which is probably much better than mine.

(S/NF) The President: Okay, we can work that out. I look forward to seeing you in Washington and maybe in Poland because I think we are going to be there at that time.

(S/NF) President Zelenskyy: Thank you very much Mr. President.

(S/NF) The President: Congratulations on a fantastic job you’ve done. The whole world was watching. I’m not sure it was so much of an upset but congratulations.

(S/NF) President Zelenskyy: Thank you Mr. President bye-bye.

— End of Conversation —

 

 

‘I would like you to do us a favor.’ Read the whole declassified transcript of Donald Trump’s call with Ukraine’s Volodymyr Zelensky

This is the full text of the classified White House memo released amid the outcry over Donald Trump‘s dealing with Ukraine, showing what happened in his call with Volodymyr Zelensky. Spelling in this transcript is per the White House 

Declassified by order of the President’ September 24, 2019 

MEMORANDUM OF TELEPHONE CONVERSATION 

SUBJECT: Telephone Conversation with President Zelenskyy of Ukraine

PARTICIPANTS: President Zelenskyy of Ukraine 

Notetakers: The White House Situation Room 

DATE, TIME AND PLACE: July 25, 2019, 9:03 – 9:33 a.m. EDT Residence

The President: Congratulations on a great victory. We all watched from the United States and you did a terrific job. The way you came from behind,  somebody who wasn’t given much of a chance, and you ended up winning easily. It’s a fantastic achievement. Congratulations. 

President Zelenskyy: You are absolutely right Mr. President. We did win big and we worked hard for this. We worked a lot but I would like to confess to you that I had an opportunity to learn from you. 

Call: Trump and Volodymyr Zelensky spoke on July 25

Call: Trump and Volodymyr Zelensky spoke on July 25

We used quite a few of your skills and knowledge and were able to use it as an example for our elections – and yes it is true that these were unique elections. We were in a unique situation that we were able to achieve a unique success. I’m able to tell you the following; the first time, you called me to congratulate me when I won my presidential election, and the second time you are now calling me when my party won the parliamentary election. I think I should run more often so you can call me more often and we can talk over the phone more often.

The President: [laughter] That’s a very good idea. I think your country is very happy about that. 

President Zelenskyy: Well yes, to tell you the truth, we are trying to work hard because we wanted to drain the swamp here in our country. We brought in many many new people. Not the old politicians, not the typical politicians, because we want to have a new format and a new type of government. You are a great teacher for us and in that.

Mutually unhappy: Both Trump and Zelensky expressed unhappiness with Angela Merkel

Mutually unhappy: Both Trump and Zelensky expressed unhappiness with Angela Merkel

The President: Well it is very nice of you to say that. I will say that we do a lot for Ukraine. We spend a lot of effort and a lot of time. Much more than the European countries are doing and they should be helping you more than they are. Germany does almost nothing for you. All they do is talk and I think it’s something that you should really ask them about. When I was speaking to Angela Merkel she talks Ukraine, but she doesn’t do anything. A lot of the European countries are the same way so I think it’s.something you want to look at but the United States has been very very good to Ukraine. I wouldn’t say that it’s reciprocal necessarily because things are happening that are not good but the United States has been very very good to Ukraine. 

President Zelenskyy: Yes you are absolutely right. Not only 100%, but actually 1000% and I can tell you the following; I did talk to Angela Merkel and I did meet.with her. I also met and talked with Macron and I told them that they are not doing quite as much as they need to be doing on the issues with the sanctions. They are not enforcing the sanctions. They are not working as much as they should work for Ukraine. It turns out that even though logically, the European Union should be our biggest partner but technically the United States is a much bigger partner than the European Union and I’m very grateful to you for that because the United States is doing quite a lot for Ukraine. Much more than the European Union especially when we are talking about sanctions against the Russian Federation. I would also like to thank you for your great support in the area of defense. We are ready to continue to cooperate for the next steps. specifically we are almost ready to buy more Javelins from the United States for defense purposes. 

'Incompetent performance': Trump made the call the day after watching Robert Mueller's disastrous appearance in front of Congress

‘Incompetent performance’: Trump made the call the day after watching Robert Mueller’s disastrous appearance in front of Congress

The President: I would like you to do us a favor though because our country has been through a lot and Ukraine knows a lot about it. I would like you to find out what happened with this whole situation with Ukraine, they say Crowdstrike… I guess you have one of your wealthy people… The server, they say Ukraine has it. There- are a lot. of things that went on, the whole situation. I think you are surrounding yourself with some of the same people. I would like to have the Attorney General call you or your people and I would like you to get to the bottom of it. As you saw yesterday, that whole nonsense ended with a very poor performance by a man named Robert Mueller, an incompetent performance, but they say a lot of it started with Ukraine. Whatever you can do, it’s very important that you do it if that’s possible. 

President Zelenskyy: Yes it is very important for me and everything that you just mentioned earlier. For me as a President, it is very important and we are open for any future cooperation. We are ready to open a new page on cooperation in relations between the United States and Ukraine. For that purpose, I just recalled our ambassador from United States and he will be replaced by a very competent and very experienced ambassador who will work hard on making sure that our two nations are getting closer. I would also like and hope to see him having your trust and your confidence and have personal relations with you so we can cooperate even more so. I will personally tell you that one of my assistants spoke with Mr Giuliani just recently and we are hoping very much that Mr. Giuliani will be able to travel to Ukraine and we will meet once  he comes to Ukraine. I just wanted to assure you once again that you have nobody but friends around us. I will make sure that I surround myself with the best and most experienced people. I also wanted to tell you that we are friends. We are great friends and you Mr. President have friends in our country so we can continue our strategic partnership. I also plan to surround myself with great people and in addition to that investigation, I guarantee as the President of Ukraine that all the investigations will be done openly and candidly. That I can assure you. 

The President: Good because I heard you had a prosecutor who was very good and he was shut down and that’s really unfair. A lot of people are talking about that, the way they shut your very good prosecutor down and you had some very bad people involved. Mr. Giuliani is a highly respected man. He was the mayor of New York City, a great mayor, and I would like him to call you. I will ask him to call you along with the Attorney General. 

Questions over conduct: Donald Trump asked Ukraine to probe why a prosecutor was fired and claimed that he was prosecuting Hunter Biden at the time

Questions over conduct: Donald Trump asked Ukraine to probe why a prosecutor was fired and claimed that he was prosecuting Hunter Biden at the time

Rudy very much knows what’s happening and he is a very capable guy. If you could speak to him that would be great. 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. The other thing, There’s a lot of talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney General would be great. Biden went around bragging that he stopped the prosecution so if you can look into it … It sounds horrible to me. 

President Zelenskyy: I wanted to tell you about the prosecutor. First of all I understand and I’m knowledgeable about the situation. Since we have won the absolute majority in our Parliament, the next prosecutor general will be 100% my person, my candidate, who will be approved by the parliament and will start as a new prosecutor in September. He or she will look into the situation, specifically to the company that you mentioned in this issue. The issue of the investigation of the case is actually the issue of making sure to restore the honesty so we will take care of that and will work on the investigation of the case. On top of that, I would kindly ask you if you have any additional information that you can provide to us, it would be very helpful for the investigation to make sure that we administer justice in our country with regard to the Ambassador to the United States from Ukraine as far as I recall her name was Ivanovich. It was great that you were the first one. who told me that she was a bad ambassador because I agree with you 100%. Her attitude towards me was far from the best as she admired the previous President and she was on his side. She would not accept me as a new President well enough.

Trump's verdict: Rudy very much knows what's happening and he is a very capable guy.

Trump’s verdict: Rudy very much knows what’s happening and he is a very capable guy.

The president: Well, she’s going to go through some things. I will have Mr. Giuliani give you a call and I am also going to have Attorney General Barr call and we will get to the bottom of it. I’m sure you will figure it out. I heard the prosecutor was treated very badly and he was a very fair prosecutor so good luck with everything. Your economy is going to get better and better I predict. You have a lot of assets. It’s a great country. I have many Ukrainian friends, their incredible people.

President Zelenskyy: I would like to tell you that I also have quite a few Ukrainian friends that live in the United States. Actually last time I traveled to the United States, I stayed in New York near Central Park and I stayed at the Trump Tower. I will talk to them and I hope to see them again in the future. I also wanted to thank you for your invitation to visit the United States, specifically Washington DC. On ,the other hand, I also wanted to ensure you that we will be very serious about the case and will work on the investigation. As to the economy, there is much potential for our two countries and one of the issues. that is very important for Ukraine is energy independence. I believe we can be very successful and cooperating on energy independence with United States. We are already working on cooperation. We are buying American oil but I am very hopeful for a future meeting. We will have more time and more opportunities to discuss these opportunities and get to know each other better. I would like to thank you very much for your support .

Call me: Bill Barr is named repeatedly by Trump in the course of his call

The President: Good. Well, thank you very much and I appreciate that. I will tell Rudy and Attorney General Barr to call. Thank you. Whenever you would like to come to the White House, feel free to call. Give us a date and we’ll work that. out. I look forward to seeing you. 

President Zelenskyy: Thank you very much. I would be very happy to come and would be happy to meet with you personally and I get to know you better. I am looking forward to our meeting and I also would like to invite you to visit Ukraine and come to the city of Kyiv which is a beautiful city. We have a beautiful country which would welcome you. On the other hand, I believe that on September 1 we will be in Poland and we can meet in Poland hopefully. After that,it might be a very good idea for you to travel to Ukraine. We can either take my plane and go to Ukraine or we can take your plane, which is probably much better than mine. 

The President: Okay, we can work that out. I look forward to seeing you in Washington and maybe in Poland because I think we are going to be there at that time.

President Zelenskyy: Thank you very much Mr. President. 

The President: Congratulations on a fantastic job you’ve done. The whole world was watching. I’m not sure it was so much of an upset but congratulations. 

President Zelenskyy: Thank you Mr. President bye-bye.

https://www.dailymail.co.uk/news/article-7504679/The-declassified-transcript-Donald-Trumps-call-Ukraines-Volodymyr-Zelensky.html

 

Transcript of Donald Trump’s call to Ukraine’s president is published and reveals he DID ask leader to investigate Joe Biden and work with Rudy Giuliani but did NOT tie it to aid – and Bill Barr’s Justice Department has ALREADY cleared him

  • The White House on Wednesday released the bombshell transcript of President Donald Trump’s phone call with the president of Ukraine
  • Trump urged Volodymyr Zelensky to work with his personal lawyer Rudy Giuliani after the new Ukrainian leader said his aide had met the former New York mayor
  • Trump brought up former VP Joe Biden and his son Hunter, saying there was ‘a lot of talk about Biden’s son’ 
  • He tried to connect Zelensky directly with Giuliani and Attorney General Bill Barr
  • Zelensky said he wanted to ‘drain the swamp’ and called Trump a ‘great teacher’  
  • Trump appeared to reference the the hacked DNC  server, asking Zelensky to ‘find out what happened with this whole situation with Ukraine’ 
  • Zelensky told Trump he had stayed at Trump Tower in the past and said: ‘You have nobody but friends around us.’
  • The call is part of a whistle-blower complaint to the Inspector General of the Intelligence Community
  • Both he and the acting Director of National Intelligence passed it to the DOJ for possible criminal investigation – but it declined to order one 
  • A defiant Trump called the furor over the call ‘a political war’ and a ‘witch hunt’ and said it had been ‘built up as the call from hell’ 
  • Hillary Clinton called for his impeachment 
  • SCROLL DOWN FOR THE FULL DOCUMENT 

The White House on Wednesday released the bombshell transcript of President Donald Trump‘s phone call with the president of Ukraine where Trump urges his counterpart to investigate Joe Biden and work directly with his personal lawyer Rudy Giuliani – and even brings up the DNC’s hacked email server.

But the transcript does not show Trump tying the investigation to aid for Ukraine as he spoke to Volodymyr Zelensky, the quid pro quo which some reports had suggested it contained.

The call forms part of the whistle-blower complaint from an unknown intelligence official which alleges a pattern of wrongdoing by the president in his dealings with Ukraine, but which has been blocked from being given to Congress.

The unprecedented publication of a transcript of a president’s call to a foreign leader is unprecedented was accompanied by two bombshell revelations from the Department of Justice, where officials said:

  • The acting Director of National Intelligence, Joseph Maguire, and the Inspector General of the Intelligence Community, Michael Atkinson, referred the whistle-blower complaint to the Department of Justice for possible criminal investigation into Trump’s actions;
  • The Justice Department, led by Attorney General Bill Barr, has already declined to criminally investigate the call – effectively clearing the president.

At the United Nations Donald Trump called Democratic plans to impeach him ‘a political war,’ and trashed critics who had suggested the phonecall was evidence of wrongdoing.

Donald Trump announced Tuesday that he had directed the release of a ‘complete’ transcript of the July 25 phone call

Ftriends: Ukrainian President Volodymyr Zelensky tweeted a photo of himself and his wife Olena with President Trump and Melania Trump at a diplomatic reception Tuesday night

 

Ftriends: Ukrainian President Volodymyr Zelensky tweeted a photo of himself and his wife Olena with President Trump and Melania Trump at a diplomatic reception Tuesday night

‘There was no pressure, the way you had that built up, that call, it was going to be the call from hell,’ he said.

‘It turned out to be a nothing call other than a lot of people said, I never knew you could be so nice.’ 

But Adam Schiff, Democratic chairman of the House Intelligence Committee, compared the call to a ‘classic mob shakedown.’ 

In the Senate, Republican Mitt Romney said it was ‘deeply troubling,’ but Trump ally Lindsey Graham aggressively defended it and said: ‘To impeach any president over a phone call like this would be insane.’

Clinton weighs in on impeachment 

But Hillary Clinton, Trump’s opponent in 2016, tweeted her endorsement of America’s harshest political penalty.

‘The president of the United States has betrayed our country. That’s not a political statement—it’s a harsh reality, and we must act,’ she said. ‘He is a clear and present danger to the things that keep us strong and free. I support impeachment.’ 

In the call, the president mentions political rival Biden by name, seeks an inquiry into a company tied to Biden’s surviving son, Hunter, and predicts Ukraine’s economy will do ‘better and better’ – but does not explicitly tie the United States’ aid to the country to the investigation he demands.

Ukraine links: Joe Biden made multiple trips there and demanded action on corruption; Hunter was on the board of a natural gas firm which faced money-laundering accusations

Ukraine links: Joe Biden made multiple trips there and demanded action on corruption; Hunter was on the board of a natural gas firm which faced money-laundering accusations

How Trump reacted: As well as speaking at the United Nations, he tweeted a link to a story by ultra-conservative news website Breitbart which accuses the Democrats of tying Ukraine aid to investigating him

How Trump reacted: As well as speaking at the United Nations, he tweeted a link to a story by ultra-conservative news website Breitbart which accuses the Democrats of tying Ukraine aid to investigating him

2016 Democratic nominee Hillary Clinton said Trump has 'betrayed our country' and called for his impeachment

2016 Democratic nominee Hillary Clinton said Trump has ‘betrayed our country’ and called for his impeachment

He urges the president to contact Giuliani, who this summer called off a planned mission to Ukraine after bringing up a Ukrainian energy company where Hunter Biden served on the board.

‘There is a lot of talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that, so whatever you can do with the Attorney General would be great,’ Trump says, according to the transcript.

‘Biden went about bragging that he stopped the prosecution so if you can look into it… it sounds horrible to me,’ the president told Ukrainian President Volodymyr Zelensky.

The Ukrainian president assured Trump: ‘The next prosecutor general will be 100 per cent my person, my candidate, who will be approved, by the parliament and will start. As a new prosecutor in September.

THE FIVE KEY QUOTES FROM THE TRUMP-ZELENSKY PHONE CALL

Trump: ‘I will say that we do a lot for Ukraine. We spend a lot of effort and a lot of time. Much more than the European countries are ‘doing and they should be helping you more than they are.’

Trump: ‘I would like you to do us a favor though because our country has been through a lot and Ukraine knows a lot about it. I would like you to find out what happened with this whole situation with Ukraine, they say Crowdstrike … I guess you have one of your wealthy people… The server, they say Ukraine has it.’

Trump: ‘There’s a lot of talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney General would be great. Biden went around bragging that he stopped the prosecution so if you can look into it … It sounds horrible to me.’

Trump: ‘I will have Mr. Giuliani give you a call and I am also going to have Attorney General Barr call and we will get to the bottom of it.’

Zelensky: ‘I also wanted to ensure you that we will be very serious about the case and will work on the investigation.’

‘He or she will look into the situation, specifically to the company that you mentioned in this issue. The issue of the investigation of the case is actually the issue of making sure to restore the honesty so we will take care of that and will work on the investigation.’

Flattering phone call 

Ukraine’s president Zelensky said he wanted to ‘drain the swamp’ and called Trump a ‘great teacher for all of us,’ according to the transcript.

Trump told his counterpart: ‘I heard you had a prosecutor who was very good and he was shut down and that’s really unfair. A lot of people are talking about that, the way they shut your very good prosecutor down and you had some very bad people involved.’

‘Mr. Giuliani is a highly respected man. He was the mayor of New York City, a great mayor, and I would like him to call you. I will ask him to call you along with the Attorney General. Rudy very much knows what’s happening and he is a very capable guy. If you could speak to him that would be great,’ Trump said.

Democrats were already planning to scour the transcript for any suggestion of a quid-pro-quo – which Trump has explicitly denied offering.

The transcript shows no such direct linkage – although Trump does appear to mention a variety of ways in which Ukraine might benefit from acceding to his requests.

He tells Zelensky ‘I would like you do us a favor though’ when he asks him to find out what happened with the Democratic National Committee’s server – immediately after Zelensky thanked him for U.S. defense support and said he was about to buy American weaponry.

He appears to reference an unnamed oligarch when he says ‘I guess you have one of your wealthy people …’ without apparently finishing the thought.

U.S. security assistance mentioned 

Trump does not appear to mention $250 million in security aid to Ukraine that the president later said he held up before making the call.

He does, however, say the U.S. does ‘a lot’ for Ukraine, and trashes Germany’s and the Europeans’ efforts.

‘I will say that we do a lot for Ukraine. We spend a lot of effort and a lot of time. Much more than the European countries are doing and they should be helping you more than they are. Germany does almost nothing for you. All they do is talk and I think it’s something that you should really ask them about,’ Trump said.

He adds that German Chancellor Angela Merkel ‘doesn’t do anything.’ He said the U.S. ‘has been very, very good to Ukraine.’

He also trashes the Obama-nominated ambassador to Ukraine, Marie Yovanovich, who stayed over into his own administration. She is a career diplomat and remains a State Department employee.

‘The former ambassador from the United States, the woman, was bad news,’ Trump said, and the people she was dealing with in Ukraine ‘were bad news.’

In response, Zelenksy tells Trump that the new prosecutor will be ‘100 per cent my person, my candidate’ and promises: ‘He or she will look into the situation, specifically to the company that you mentioned’ – meaning the one affiliated with Hunter Biden.

Zelensky also bashes Yovanovich, prompting Trump to answer: ‘Well, she’s going to go through some things.’

He also appeared to reference the the DNC server which was hacked before the 2016 election, asking Zelensky to ‘find out what happened with this whole situation with Ukraine.’

He asked Zelensky ‘to do us a favor’ by investigating whether Ukraine is in possession of computer data linked to hacking of a Democratic National Committee server in 2016.

In the hot seat: Volodymyr Zelensky addressed the United Nations General Assembly Wednesday as his call to Donald Trump was unveiled

In the hot seat: Volodymyr Zelensky addressed the United Nations General Assembly Wednesday as his call to Donald Trump was unveiled

Cleared: Bill Barr's Justice Department declined to order a full criminal investigation into the president after both the Director of National Intelligence and the Inspector General of the Intelligence Community referred the whistle-blower complaint to the attorney-general's department

He mentioned Crowdstrike, a company that helped the Democratic National Committee manage its computer network when Russian agents penetrated it.

Trump has vented at his political rallies that the FBI in 2016 never made an effort to seize the server and analyze its contents.

‘I guess you have one of your wealthy people… The server, they say Ukraine has it,’ Trump said in the July call with Zelensky.

WHAT THE CALL TRANSCRIPT REVEALS TRUMP SAID ON…

Robert Mueller in front of Congress:

 – “An incompetent performance”

His own attorney Rudy Giuliani:

 – “Very much knows what’s happening and he is a very capable guy”

Joe Biden’s boast about firing previous Ukraine prosecutor:

 – “It sounds horrible to me”

Fired U.S. ambassador to Ukraine Marie Yovanovich:

 – “The woman, was bad news”

Prosecutor fired after Biden intervened:

 – “I heard… he was a very fair prosecutor” 

‘I would like to have the Attorney General call you or your people and I would like you to get to the bottom of it.’

The only person to directly bring up U.S. security aid for Ukraine at a time it was being held up is Zelensky – who says Ukraine is ‘ready to continue to cooperate for next steps.’

Ukraine desperately wants the aid as it continues to clash with Russia following its 2014 invasion and annexation of Crimea.

‘The United States is doing quite a lot for Ukraine. Much more than the European Union especially when we are talking about sanctions against the Russian Federation,’ Zelensky said, mentioning U.S. imposed sanctions that Trump resisted when Congress tightened them after his election.

‘I would also like to thank you for your great support in the area of defense,’ Zelensky continues. ‘We are ready to continue to cooperate for the next steps. Specifically we are almost ready to buy more Javelins from the United States for defense purposes,’ he said, mentioning Javelin missiles, a portable anti-tank munition.

Zelensky flattered Trump and told him on his last trip to New York he stayed at Trump Tower.

He assured Trump: ‘We will be very serious about the case and will work on the investigation.’

The two men talked about meeting on Trump’s then-planned trip to Poland. Zelensky suggested a joint trip to Ukraine. ‘We can either take my plane and go to Ukraine or we can take your plane, which is probably much better than mine,’ Zelensky said.  

Zelensky appears with Trump and says the call was ‘normal’

During a joint availability with Trump at the UN, Zelensky characterized their conversation as ‘normal.’

‘I think you read everything. I think you read text. I’m sorry, but I don’t want to be involved to Democratic … elections, elections of USA. No, sure, we had – I think good phone call,’ he said, while seated beside Trump. ‘It was normal. We spoke about many things, and I – so I think and you read it that nobody pushed me. Yes.’

Trump jumped in: ‘In other words, no pressure.’ Trump then teed off on Hunter Biden and said Ukraine may somehow be in possession of 33,000 emails Hillary Clinton deleted from her home server.

He referenced a business contract Hunter Biden obtained. ‘When Biden’s son walks out of China with $1.5 billion in a fund and the biggest funds in the world can’t get money out of China, and he’s there for one quick meeting and he flies in on Air Force Two, I think that’s a horrible thing,’ Trump said.

Trump said Zelensky was doing the ‘whole world a big favor’ by investigating corruption.

‘Stop corruption in Ukraine because that will really make you great. That will make you great personally and it will also be so tremendous for your nation in terms of what you want to do and where you want to take it,’ Trump said.

Zelenksy tried to stay out of the fray. ‘Remember, we are the biggest country in Europe, but we want to be the richest one,’ he said.

Trump defended personal lawyer Rudy Giuliani, who is under fire for his personal contracts with Ukraine to try to get at the start of the Russia probe and glean information about the Bidens.

‘I will tell you this, that Rudy’s looking to also find out where the phony witch-hunt started, how it started. You had a Russian witch hunt turned out to be two and a half years of phony nonsense. And Rudy Giuliani is a great lawyer,’ Trump said.

‘I’ve watched the passion that he’s had on television over the last few days. I think it’s incredible the way he’s done,’ Trump continued.

‘He wants to find out where did this Russian witch-hunt you people really helped perpetrate, where did it start? How come it started? It was all nonsense. It was a hoax – total hoax … And Rudy’s got every right to go and find out where that started and other people are looking at that, too.

Asked if a server containing Clinton’s emails might be in Ukraine, as he suggested in the call transcript, Trump replied: ‘Could very well.’

Then he said he liked the question, ‘because frankly i think that one of the great crimes committed is Hillary Clinton deleting 33,000 emails after congress sent her a subpoena.’

He told Zelensky: ‘we have corruption also, Mr. president. We have a lot of corruption in our government, and when you see what happened with Hillary Clinton, when you see what happened with [former FBI Director James] Comey and [former FBI official Andrew] McCabe and all of these people, we have a lot of things going on here, too. Hopefully it’s going to be found out very soon, but I think that a lot of progress has been made. A lot of progress has been made,’ he said.

Trump’s campaign hits back

Trump’s presidential campaign immediately teed off on the release of the transcript, accusing Democrats of acting out of ‘pure hatred.’

‘Because of their pure hatred for President Trump, desperate Democrats and the salivating media already had determined their mission: take out the President,’ said Trump campaign manager Brad Parscale.

‘The fact is that the President wants to fight the corruption in Washington, where the Bidens, the Clintons, and other career politicians have abused their power for personal gain for decades. The facts prove the President did nothing wrong,’ he said. ‘This is just another hoax from Democrats and the media, contributing to the landslide re-election of President Trump in 2020.’

Utah Sen. Mitt Romney, however, saw no reason to back off his statement that the information is ‘troubling.’

‘This remains deeply troubling and we’ll see where it leads but the first reaction is, troubling,’ he said at a forum hosted by the Atlantic magazine. But he declined to say whether it was an ‘impeachable offense.’

Asked about the quid pro quo issue, Romney said: ‘I don’t know that I’ve focused so much on the quid pro quo element … There’s just the question of… if the president of the United States asks or presses the leader for a foreign country to carry out an investigation of a political nature, that’s troubling. And I feel that. If there were a quid pro quo, that would take it to an entirely more extreme level,’ Romney said.

The transcript became a political hot potato this week as Democrats clamored for its release with predictions that it would show Trump committing impeachable offenses.

They argue that Trump’s request for a new investigation into the Bidens was motivated by a desire to politically cripple the former vice president, who was then thought of as his main rival in the 2020 presidential election.

Trump released the call transcript the morning after House Speaker Nancy Pelosi said the House was conducting a formal impeachment inquiry of the president.

READ THE FULL DOCUMENT

 

 

How Trump’s Ukraine call could violate campaign finance laws

President Donald Trump’s repeated prodding of the Ukrainian president to investigate Joe Biden and his son could amount to an illegal request for a campaign contribution from a foreign citizen.

Federal law states it is illegal to “knowingly solicit, accept, or receive from a foreign national any contribution or donation.” Trump’s request to President Volodymyr Zelenskiy was not for campaign cash, but what’s referred to as an “in kind” contribution that would arguably be of more value – damaging information that could be weaponized against Biden, a potential 2020 rival.

That’s likely to be among the issues House Democrats focus on as they pursue an impeachment inquiry into efforts by Trump and his attorney Rudy Giuliani. The former New York mayor spearheaded Trump’s effort to obtain information on Biden and his son Hunter, who did work for a Ukrainian gas company while his father was vice president.

“It turns on a basic question,” said Larry Noble, a former general counsel to the Federal Election Commission who is a Trump critic. “Is it legal for the president of the United States to ask a foreign country to intervene in our election to help him and investigate his potential opponent? And I think it is clearly illegal.”

Trump has said he did nothing wrong. Justice Department prosecutors have determined Trump did not violate campaign finance law, including a prohibition on accepting campaign contributions or a “thing of value” from foreign governments. A department official said prosecutors made the determination based on the elements of the crime and did not consider the department’s policy prohibiting the indictment of a sitting president.

That makes impeachment the only likely avenue to pursue.

President Donald Trump walks off following a news conference at the InterContinental Barclay New York hotel during the United Nations General Assembly, Wednesday, Sept. 25, 2019, in New York. Secretary of State Mike Pompeo and Treasury Secretary Steve Mnuchin are left. (AP Photo/Evan Vucci)

Giuliani, however, doesn’t enjoy the same immunity and could be charged for his role, legal experts say. Giuliani did not immediately respond to a request for comment Wednesday evening.

The drama unfolding in Congress revisits a central issue from special counsel Robert Mueller’s investigation: Did Trump campaign officials break the law by “knowingly” requesting, accepting or receiving a donation from a foreign national?

Mueller said “no” because it was difficult to tell whether they were aware of the law when Trump’s son and several advisers held a meeting with Russians promising dirt on Hillary Clinton. This time that would be a far more difficult argument to make after Trump has faced repeated questions in recent months over his willingness to accept foreign help.

One day after Mueller told Congress it was hard to prove his awareness of the law, Trump was on the phone with Zelenskiy seeking assistance digging into allegations against the Bidens, which have not been substantiated.

“There’s a lot of talk about Biden’s son,” Trump said.

At one point in the conversation, he said, “I will have Mr. Giuliani give you a call and I am also going to have Attorney General (William) Barr call and we will get to the bottom of it.”

So just how valuable is the information Trump was seeking?

In the days before the call, Trump ordered advisers to freeze $400 million in military aid for Ukraine – prompting speculation that he was holding out the money as leverage for the information. Trump has denied that charge, but acknowledged he blocked the funds, later released.

Trump has sought to implicate Biden and his son in the kind of corruption that has long plagued Ukraine. Hunter Biden served on the board of a Ukrainian gas company at the same time his father was leading the Obama administration’s diplomatic dealings with Kyiv. Though the timing raised concerns among anticorruption advocates, there has been no evidence of wrongdoing by either the former vice president or his son.

“Given the context of the call, President Trump created an implicit understanding that U.S. support for Ukraine and taxpayer-funded security aid to Ukraine was hanging in the balance,” said Trevor Potter, a Republican former FEC commissioner who is now president of the nonpartisan Campaign Legal Center.

Trump has angrily denounced the impeachment inquiry as “presidential harassment” and insisted he did nothing wrong because there was no “quid pro quo.”

“This is nothing more than a continuation of the Greatest and most Destructive Witch Hunt of all time!” he tweeted.

But “you don’t need a quid pro quo” for it to be illegal, said Noble.

Aside from Trump’s request to Zelenskiy, there are other campaign finance issues that could carry civil or criminal penalties for others involved in the effort – like whether someone footed the bill for work done by Giuliani, who has said he is not compensated.

Giuliani’s actions on Trump’s behalf could be construed as political activity, but there are no records in FEC filings of him getting paid. If he were compensated or incurred expenses that were paid from outside the campaign, that would likely need to be reported as a contribution, Noble said.

Depending on the amount of money involved, a violation could include civil penalties and, in some cases, jail time.

Still, establishing that the effort violated campaign finance law will not be an easy task, said Dan Petalas, a former FEC attorney who once gave a $250 donation to a Democrat and is now in private practice.

“It certainly raises a question,” he said. “It really will turn on a better picture of the facts and connecting the dots. It is just so outside the norm.”

https://www.apnews.com/560b20b139d943969e17c82eda77ca8d

 

CrowdStrike

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CrowdStrike Holdings, Inc.
Public
Traded as NASDAQCRWD (Class A)
Industry Information security
Founded 2011
Founders George KurtzDmitri Alperovitch
Headquarters Sunnyvale, California, U.S.
Key people
George Kurtz, CEO
Dmitri Alperovitch, CTO
Products
Number of employees
1,683 (April 30, 2019)
Website www.crowdstrike.com Edit this at Wikidata

CrowdStrike Holdings, Inc. is a cybersecurity technology company based in Sunnyvale, California. It provides endpoint securitythreat intelligence, and cyberattack response services.[1] The company has been involved in investigations of several high profile cyber-attacks, including the Sony Pictures hack,[2] the 2016 Democratic National Committee email leak, and the Democratic National Committee cyber attacks.[3]

History

CrowdStrike was co-founded by George Kurtz (CEO),[4][5] Dmitri Alperovitch (CTO),[6] and Gregg Marston (CFO, retired) in 2011.[7][8] In 2012, Shawn Henry, a former Federal Bureau of Investigation (FBI) official who led both the FBI’s criminal and cyber divisions, was hired to lead sister company CrowdStrike Services, Inc., which focused on proactive and incident response services.[9] In June 2013, the company launched its first product, CrowdStrike Falcon.[10] The company became known for providing threat intelligence and attribution to nation state actors[11] that are conducting economic espionage and IP theft.[12]

In May 2014, supported by CrowdStrike’s reports, the United States Department of Justice charged five Chinese military hackers for economic cyber espionage against United States corporations. CrowdStrike also uncovered the activities of Energetic Bear, a group connected to the Russian Federation that conducted intelligence operations against global targets, primarily in the energy sector.

After the Sony Pictures hack, CrowdStrike produced evidence implicating the government of North Korea within 48 hours, and demonstrated how the attack was carried out.[13] In 2014, CrowdStrike played a major role in identifying members of Putter Panda, the state-sponsored Chinese group also known as PLA Unit 61486, perpetrators of a cyberattacks on U.S. infrastructure and defense, as well as on European satellite and aerospace industries.[14][15]

In May 2015, the company released researcher Jason Geffner’s discovery of VENOM, a critical flaw in an open-source hypervisor called Quick Emulator (QEMU),[16] which is used in a number of common virtualization products. This vulnerability could allow attackers to access sensitive personal information.[17] In October 2015, CrowdStrike announced that it had identified Chinese hackers attacking technology and pharmaceutical companies immediately before and after President Barack Obama and Chinese President Xi Jinping publicly agreed not to use cyber-spies to conduct economic espionage against the other. The alleged hacking would have been in violation of that agreement.[18]

CrowdStrike released research in 2017 showing that 66 percent of the attacks to which the company responded that year were fileless or malware-free. The company also compiled data on the average time needed to detect an attack and the percentage of attacks detected by organizations themselves.[19]

In February 2018, CrowdStrike reported that in November and December 2017 it had observed a credential harvesting operation in the international sporting sector, with possible links to the cyber attack on the opening ceremonies of the Winter Olympics in Pyeongchang.[20] That same month, Crowdstrike released research showing that 39 percent of all attacks observed by the company were malware-free intrusions. The company also named which industries attackers most frequently targeted.[21] That March, the company released a version of its Falcon product for mobile devices and launched the CrowdStrike store, which opens the Falcon platform to third-party applications.[22]

In January 2019, CrowdStrike published research reporting that Ryuk ransomware, used by cyber actor Grim Spider to target businesses, had accumulated more than $3.7 million in cryptocurrency payments since it first appeared in August.[23]

Also in 2019, CrowdStrike released its 2018 Global Threat Report, which ranked cybercriminals in order of fastest actors to operate within a network, with Russia coming in first.[24][25] The company also revealed that it tracked 81 named state-sponsored actors in 2018, and at least 28 were conducting active operations throughout the year. The research showed that of the sophisticated attacks that the company attributed to nation-states, China was responsible for the plurality: more than 25 percent.[26]

Funding

In July 2015, Google invested in the company’s Series C funding round which was followed by Series D [27] and Series E[28] raising a total of $480 million as of May 2019.[29] In June 2018, the company said it was valued at more than $3 billion.[30] Investors include Telstra, March Capital Partners, RackspaceAccel Partners and Warburg Pincus.[31][32]

Estimated annual revenue in 2017 was $100 million, and the company had a valuation of more than $1 billion.[33] Investors included Telstra, March Capital Partners, RackspaceAccel Partners and Warburg Pincus.[34][35]

In June 2019, the company made its IPO on the NASDAQ.[36][37]

Russian hacking investigations

CrowdStrike helped investigate the Democratic National Committee cyber attacks and connected those attacks to Russian intelligence services. On March 20, 2017, during testimony before congress, James Comey stated “CrowdStrike, Mandiant, and ThreatConnect review[ed] the evidence of the hack and conclude[d] with high certainty that it was the work of APT 28 and APT 29 who are known to be Russian intelligence services.”[38]

In December 2016, CrowdStrike released a report stating that Russian government-affiliated group Fancy Bear had hacked a Ukrainian artillery app.[39] They concluded that Russia had used the hack to cause large losses to Ukrainian artillery units. The app (called ArtOS) is installed on tablet PCs and used for fire-control.[40] The earliest version of the app (supported until 2015) was called POPR-D30 and installed on Android phones and tablets. CrowdStrike found a hacked variation of POPR-D30 being distributed on Ukrainian military forums that utilized an X-Agent implant.[41]

The International Institute for Strategic Studies rejected CrowdStrike’s assessment of hacking causing losses to Ukrainian artillery units, saying that their data on Ukrainian D30 howitzer losses was misused by CrowdStrike in their report. The Ukrainian Ministry of Defense also rejected the CrowdStrike report, stating that actual artillery losses were much smaller than what was reported by [CrowdStrike] and were not associated with [Russian hacking].[42]

Cybersecurity firm SecureWorks discovered a list of email addresses targeted by Fancy Bear in phishing attacks.[43] The list included the email address of Yaroslav Sherstyuk, the developer of ArtOS.[44] Additional Associated Press research supports CrowdStrike’s conclusions about Fancy Bear.[45]Radio Free Europe notes that the AP report “lends some credence to the original CrowdStrike report, showing that the app had, in fact, been targeted.”[46]

Following CrowdStrike’s investigation of the 2016 Democratic National Committee hacks, journalist Yasha Levine questioned CrowdStrike’s methodology, citing it as “forensics in reverse.”[47]

In the Trump–Ukraine controversy, a transcript of a conversation between Donald Trump, the president of the United States, and Volodymyr Zelensky, the president of Ukraine, Trump asked Zelensky to look into CrowdStrike’s activities in Ukraine.[48]

Accolades

In 2014 and 2015, CRN Magazine named the company to its Top Emerging Vendors List.[49]

In 2016, the company was ranked #40 on the Deloitte Technology Fast 500, North America list,[50] and Inc. named CrowdStrike as one of America’s 500 fastest-growing companies.[51]

In 2017 and 2018, CrowdStrike was listed on LinkedIn’s Top Companies: Start Ups,[52][53] on the Forbes Cloud 100,[54][55] and as one of the CNBC Disruptor 50.[56][57]

Fortune has given CrowdStrike three of its “Great Place to Work” awards,[58][59] and Inc. has praised the company’s remote work program.[60]

See also

References…

External links

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

 

Article II – U.S. Constitution

Article IIArticle Text | Annotations

Section 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representatives from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Section 2.

The President shall be 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; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section 3.

He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section 4.

The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article II Annotations

Article II – Executive Department

Text – Treaty Document: Senate Consideration of Treaty Document 106-16All Information (Except Treaty Text)

A Senate treaty document provides the text of the treaty as transmitted to the Senate, as well as the transmittal letter from the President, the submittal letter from the Secretary of State, and accompanying papers.

Text of Treaty Document available as:

For complete and accurate display of this text, see the PDF.

[Senate Treaty Document 106-16]
[From the U.S. Government Printing Office]



106th Congress                                              Treaty Doc.
                                 SENATE                                
 1st Session                                                  106-16
_______________________________________________________________________

                                     



 
  TREATY WITH UKRAINE ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

TREATY BETWEEN THE UNITED STATES OF AMERICA AND UKRAINE ON MUTUAL LEGAL 
 ASSISTANCE IN CRIMINAL MATTERS WITH ANNEX, SIGNED AT KIEV ON JULY 22, 
1998, AND WITH AN EXCHANGE OF NOTES SIGNED ON SEPTEMBER 30, 1999, WHICH 
                PROVIDES FOR ITS PROVISIONAL APPLICATION




 November 10, 1999.--Treaty was read the first time, and together with 
the accompanying papers, referred to the Committee on Foreign Relations 
          and ordered to be printed for the use of the Senate.

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
79-118                     WASHINGTON : 1999


                         LETTER OF TRANSMITTAL

                              ----------                              

                                The White House, November 10, 1999.
To the Senate of the United States:
    With a view to receiving the advice and consent of the 
Senate to ratification, I transmit herewith the Treaty Between 
the United States of America and Ukraine on Mutual Legal 
Assistance in Criminal Matters with Annex, signed at Kiev on 
July 22, 1998. I transmit also, for the information of the 
Senate, an exchange of notes which was signed on September 30, 
1999, which provides for its provisional application, as well 
as the report of the Department of State with respect to the 
Treaty.
    The Treaty is one of a series of modern mutual legal 
assistance treaties being negotiated by the United States in 
order to counter criminal activities more effectively. The 
Treaty should be an effective tool to assist in the prosecution 
of a wide variety of crimes, including drug trafficking 
offenses. The Treaty is self-executing. It provides for a broad 
range of cooperation in criminal matters. Mutual assistance 
available under the Treaty includes: taking of testimony or 
statements of persons; providing documents, records, and 
articles of evidence; serving documents; locating or 
identifying persons; transferring persons in custody for 
testimony or other purposes; executing requests for searches 
and seizures; assisting in proceedings related to restraint, 
confiscation, forfeiture of assets, restitution, and collection 
of fines; and any other form of assistance not prohibited by 
the laws of the requested state.
    I recommend that the Senate give early and favorable 
consideration to the Treaty and give its advice and consent to 
ratification.

                                                William J. Clinton.
                          LETTER OF SUBMITTAL

                              ----------                                
        

                                       Department of State,
                                      Washington, October 19, 1999.
The President,
The White House.
    The President: I have the honor to submit to you the Treaty 
Between the United States of America and Ukraine on Mutual 
Legal Assistance in Criminal Matters with Annex (``the 
Treaty''), signed at Kiev on July 22, 1998. I recommend that 
the Treaty be transmitted to the Senate for its advice and 
consent to ratification.
    Also enclosed, for the information of the Senate, is an 
exchange of notes under which the Treaty is being provisionally 
applied to the extent possible under our respective domestic 
laws, in order to provide a basis for immediate mutual 
assistance in criminal matters. Provisional application would 
cease upon entry into force of the Treaty.
    The Treaty covers mutual legal assistance in criminal 
matters. In recent years, similar bilateral treaties have 
entered into force with a number of other countries. The Treaty 
with Ukraine contains all essential provisions sought by the 
United States. It will enhance our ability to investigate and 
prosecute a range of offenses. The Treaty is designed to be 
self-executing and will not require new legislation.
    Article 1 sets forth a non-exclusive list of the major 
types of assistance to be provided under the Treaty, including 
taking the testimony or statements of persons; providing 
documents, records and other items of evidence; locating or 
identifying persons or items; serving documents; transferring 
persons in custody for testimony or other purposes; executing 
requests for searches and seizures; assisting in proceedings 
related to immobilization and forfeiture of assets, 
restitution, and collection of fines; and, rendering any other 
form of assistance not prohibited by the laws of the Requested 
State. The scope of the Treaty includes not only criminal 
offenses, but also proceedings related to criminal matters, 
which may be civil or administrative in nature.
    Article 1(3) states that assistance shall be provided 
without regard to whether the conduct involved would constitute 
an offense under the laws of the Requested State.
    Article 1(4) states explicitly that the Treaty is not 
intended to create rights in private parties to obtain, 
suppress, or exclude any evidence, or to impede the execution 
of a request.
    Article 2 provides for the establishment of Central 
Authorities and defines Central Authorities for purposes of the 
Treaty. For the United States, the Central Authority shall be 
the Attorney General or a person designated by the Attorney 
General. For Ukraine, the Central Authority shall be the 
Ministry of Justice and the Office of the Prosecutor General. 
The article provides that the Central Authorities shall 
communicate directly with one another for the purposes of the 
Treaty.
    Article 3 sets forth the circumstances under which a 
Requested State's Central Authority may deny assistance under 
the Treaty. A request may be denied if it relates to a military 
offense that would not be an offense under ordinary criminal 
law. A further ground for denial is that the request relates to 
a political offense (a term expected to be defined on the basis 
of that term's usage in extradition treaties). In addition, a 
request may be denied if its execution would prejudice the 
security or similar essential interests of the Requested State, 
or if it is not made in conformity with the Treaty.
    Before denying assistance under Article 3, the Central 
Authority of the Requested State is required to consult with 
its counterpart in the Requesting State to consider whether 
assistance can be given subject to such conditions as the 
Central Authority of the RequestedState deems necessary. If the 
Requesting State accepts assistance subject to these conditions, it is 
required to comply with the conditions. If the Central Authority of the 
Requested State denies assistance, it is required to inform the Central 
Authority of the Requesting State of the reasons for the denial.
    Article 4 prescribes the form and content of written 
requests under the Treaty, specifying in detail the information 
required in each request. The article permits other forms of 
requests in emergency situations but requires written 
confirmation within ten days thereafter unless the Central 
Authority of the Requested State agrees otherwise.
    Article 5 requires the Central Authority of the Requested 
State to execute the request promptly or to transmit it to the 
authority having jurisdiction to do so. It provides that the 
competent authorities of the Requested State shall do 
everything in their power to execute a request, and that the 
courts or other competent authorities of the Requested State 
shall have authority to issue subpoenas, search and arrest 
warrants, or other orders necessary to execute the request. The 
Central Authority of the Requested State must make all 
arrangements for representation of the Requesting State in any 
proceedings arising out of an assistance request.
    Under Article 5(3), requests are to be executed in 
accordance with the laws of the Requested State except to the 
extent that the Treaty provides otherwise. However, the method 
of execution specified in the request is to be followed except 
insofar as it is prohibited by the laws of the Requested State.
    Article 5(4) provides that if the Central Authority of the 
Requested State determines that execution of the request would 
interfere with an ongoing criminal investigation, prosecution, 
or proceeding in that State, it may postpone execution or, 
after consulting with the Central Authority of the Requesting 
State, impose conditions on execution. If the Requesting State 
accepts assistance subject to the conditions, it shall comply 
with such conditions.
    Article 5(5) further requires the Requested State, if so 
requested, to use its best efforts to keep confidential a 
request and its contents, and to inform the Requesting State's 
Central Authority if the request cannot be executed without 
breaching confidentiality. This provides the Requesting State 
an opportunity to decide whether to pursue the request or to 
withdraw it in order to maintain confidentiality.
    This article additionally requires the Requested State's 
Central Authority to respond to reasonable inquiries by the 
Requesting State's Central Authority regarding the status of 
the execution of a particular request; to report promptly to 
the Requesting State's Central Authority the outcome of its 
execution; and, if the request is denied, to inform the 
Requesting State's Central Authority of the reasons for the 
denial.
    Article 6 apportions between the two States the costs 
incurred in executing a request. It provides that the Request 
State shall pay all costs, except for the following items to be 
paid by the Requesting State: fees of expert witnesses, costs 
of interpretation, translation and transcription, and 
allowances and expenses related to travel of persons pursuant 
to Articles 10 and 11. If during the execution of the request, 
it becomes apparent that extraordinary expenses will be 
entailed, the Central Authorities shall consult to determine 
the terms and conditions under which execution may continue.
    Article 7 requires the Requesting State to comply with any 
request by the Central Authority of the Requested State that 
information or evidence obtained under the Treaty not be used 
for proceedings other than those described in the request 
without its priorconsent. Further, if the Requested State's 
Central Authority asks that information or evidence furnished under 
this Treaty be kept confidential or be used in accordance with 
specified conditions, the Requesting State must use its best efforts to 
comply with the conditions. Once information is made public in the 
Requesting State in accordance with either or these provisions, no 
further limitations on use apply. Nothing in the article prevents the 
use or disclosure of information to the extent that there is an 
obligation to do so under the Constitution of the Requesting State in a 
criminal prosecution. The Requesting State is obliged to notify the 
Requesting State in advance of any such proposed use or disclosure.
    Article 8 provides that a person in the Requesting State 
from whom testimony or evidence is requested pursuant to the 
Treaty shall be compelled, if necessary, to appear and testify 
or produce items, documents and records. The article requires 
the Central Authority of the Requested State, upon request, to 
furnish information in advance about the date and place of the 
taking of testimony or evidence pursuant to this Article.
    Article 8(3) further requires the Requested State to permit 
the presence of persons specified in the request and to permit 
them to question the person giving the testimony or evidence. 
In the event that a person whose testimony or evidence is being 
taken asserts a claim of immunity, incapacity, or privilege 
under the laws of the Requesting State, Article 8(4) provides 
that the testimony or evidence shall be taken and the claim 
made known by written notification to the Central Authority of 
the Requesting State for resolution by its competent 
authorities. Finally, in order to ensure admissibility of 
evidence in the Requesting State, Article 8(5) provides a 
mechanism for authenticating evidence that is produced pursuant 
to or that is the subject of testimony taken in the Requested 
State.
    Article 9 requires that the Requested State provide the 
Requesting State with copies of publicly available records in 
the possession of government departments and agencies in the 
Requesting State. The Requested State may further provide 
copies of any documents, records or information in the 
possession of a government department or agency, but not 
publicly available, to the same extent and under the same 
conditions as it would provide them to its own law enforcement 
or judicial authorities. The Requested State has the discretion 
to refuse to execute, entirely or in part, such requests for 
records not publicly available. Article 9(3) provides that 
records produced pursuant to this Article shall, upon request, 
be certified by the appropriate form attached to the request. 
Article 9(3) also provides that no further authentication shall 
be necessary for admissibility into evidence in the Requesting 
State of official records pursuant to this Article.
    Article 10 provides a mechanism for the Requesting State to 
invite the voluntary appearance in its territory of a person 
located in the Requested State shall indicate the extent to 
which the expenses will be paid. It also states that the 
Central Authority of the Requesting State has discretion to 
determine that a person appearing in the Requesting State 
pursuant to this Article shall not be subject to service of 
process or be detained or subjected to any restriction of 
personal liberty by reason of any acts or convictions that 
preceded his departure from the Requested State. Any safe 
conduct provided for by this article ceases seven days after 
the Central Authority of the Requesting State has notified the 
Central Authority of the Requested State that the person's 
presence is no longer required, or if the person has left the 
Requesting State and voluntarily returns to it.
    Article 11 provides for temporary transfer of a person in 
custody in the Requested State or in a third State to the 
Requesting State for purposes of assistance under the Treaty 
(for example, a witness incarcerated in the Requested State may 
be transferred to have his deposition taken in the presence of 
the defendant), provided that the person in question and the 
Central Authorities of both States agree. The article also 
provides for voluntary transfer of a person in the custody of 
the Requesting State to the Requested State for purposes of 
assistance under the Treaty (for example, a defendant in the 
Requesting State may be transferred for purposes of attending a 
witness deposition in the Requesting State), if the person 
consents and if the Central Authorities of both States agree.
    Article 11(3) further establishes both the express 
authority and the obligation of the receiving State to maintain 
the person transferred in custody unless otherwise agreed by 
both Central Authorities. The return of the person transferred 
is subject to terms and conditions agreed to by the Central 
Authorities, and the sending State is not required to initiate 
extradition proceedings for return of the person transferred. 
The person transferred receives credit for time served in the 
custody of the receiving State.
    Article 12 establishes the authority of the Requested State 
to authorize transit through its territory of a person held in 
custody by a third State whose appearance has been requested by 
the Requesting State. The Requested State further has the 
authority and the obligation to keep the person in custody 
during transit. The Parties retain discretion to refuse to 
grant transit of their own nationals, however.
    Article 13 requires the Requested State to use its best 
efforts to ascertain the location or identity of persons or 
items specified in a request.
    Article 14 obligates the Requested State to use its best 
efforts to effect service of any document relating, in whole or 
in part, to any request for assistance under the Treaty. A 
request for the service of a document requiring a person to 
appear in the Requesting State must be transmitted a reasonable 
time before the scheduled appearance. Proof of service is to be 
provided in the manner specified in the request.
    Article 15 obligates the Requested State to execute 
requests for search, seizure, and delivery of any item to the 
Requesting State if the request includes the information 
justifying such action under the laws of theappropriate. The 
Central Authority of the State receiving such information is required 
to inform the Central Authority that provided the information of any 
action taken.
    Article 17 also obligates the Contracting States to assist 
each other to the extent permitted by their respective laws in 
proceedings relating to forfeiture of the proceeds and 
instrumentalities of offenses, restitution to victims of crime, 
and collection of fines imposed as sentences in criminal 
prosecutions. This may include action to temporarily immobilize 
the proceeds or instrumentalities pending further proceedings. 
The Contracting State having custody over proceeds or 
instrumentalities of offenses is required to dispose of them in 
accordance with its laws. Either Contracting State may transfer 
all or part of such assets, or the proceeds of their sale, to 
the extent permitted by the transferring State's laws and upon 
such terms as it deems appropriate.
    Article 18 states that assistance and procedures provided 
in the Treaty shall not prevent either Contracting State from 
granting assistance to the other Contracting State through the 
provisions of other applicable international agreements or 
through the provisions of its national law. The Contracting 
States may also provide assistance pursuant to any bilateral 
arrangement, agreement, or practice which may be applicable.
    Article 19 provides that the Central Authorities of the 
Contracting States shall consult, at times mutually agreed, to 
promote the most effective use of the Treaty, and may agree 
upon such practical measures as may be necessary to facilitate 
the Treaty's implementation.
    Article 20 provides that the Treaty is subject to 
ratification and the instruments shall be exchanged at 
Washington as soon as possible. The Treaty enters into force 
upon the exchange of instruments of ratification. Article 20 
further provides that either Contracting State may terminate 
the Treaty by written notice to the other Contracting State, 
with termination to be effective six months following the date 
of notification.
    A Technical Analysis explaining in detail the provisions of 
the Treaty is being prepared by the United States negotiating 
delegation, consisting of representatives from the Departments 
of Justice and State, and will be transmitted separately to the 
Senate Committee on Foreign Relations.
    The Department of Justice joins the Department of State in 
favoring approval of this Treaty by the Senate as soon as 
possible.
    Respectfully submitted,
                                                    Strobe Talbott.
https://www.google.com/search?q=hearsay&rlz=1C1CHBF_enUS774US774&oq=hearsay&aqs=chrome..69i57j0l5.1799j0j7&sourceid=chrome&ie=UTF-8

 

Fox & Friends 9/25/19 7AM | Fox & Friends Fox News September 25, 2019

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House Democrat shares why he’s against impeaching Trump

 

Story 4: CIA Officer Assigned To White House Was The Whistle-blower That Was Aiding and Abetting A Leaker of Classified Information — Second Hand Hearsay — Who Was The Leaker? Who Was The Whistle-blower? — President Trump Wants To Know — Videos

 

Angry Dems demand full whistleblower complaint

Trump impeachment inquiry: “The whistleblower is a CIA officer who worked at the White House”

Former CIA leader on the Trump-Ukraine whistleblower complaint

 

Whistleblower complaint is declassified and could be released TODAY ahead of House testimony as Congress sees the ‘very disturbing’ memo accusing Donald Trump of trying to coerce Ukraine into probing Joe Biden

  • The whistleblower complaint accusing President Trump of trying to coerce the Ukraine into investigating Joe Biden on a July call could be released Thursday
  • Select members of Congress saw the complaint for the first time Wednesday  
  • Without disclosing details about its contents, several Democrats said the report heightened their concerns over the allegations 
  • Republicans also expressed concerns and said further investigation is necessary
  • But Republican Chris Stewart said complaint contains nothing that was not in the transcript of Trump’s phonecall, and he is ‘much less worried’ after reading it 
  • An intelligence officer filed the complaint in August, raising concerns about the contents of the conversation and how the White House handled records of it 
  • The White House has worked to discredit the whistleblower by emphasizing the inspector general’s finding that the informant may be biased against Trump 

The whistleblower complaint accusing President Donald Trump of trying to coerce the Ukraine into investigating rival Joe Biden during a July phone call has been declassified and could be released as early as Thursday.  

An anonymous intelligence officer filed the complaint with the Inspector General of the Intelligence Community (ICIG) last month, claiming that Trump threatened to withhold US military aid unless Ukranian President Volodymyr Zelensky agreed to dig up damaging material about the Biden family’s ties to the country.
The White House has worked to discredit the whistleblower by emphasizing the inspector general’s finding that the informant may be politically biased against the president and had heard about the call indirectly.

Select members of Congress reviewed the complaint for the first time on Wednesday, hours after the Democrat-controlled House announced the launch of an official impeachment inquiry.

Without disclosing details about its contents, several Democrats said the report heightened their concerns over the allegations while Republicans said further investigation is necessary.

Select members of Congress reviewed the whistleblower complaint about President Trump's dealings with the Ukraine for the first time on Wednesday. Several Democrats said the report heightened their concerns over the allegation. 'Having read the documents in there, I'm even more worried about what happened than when I read the memorandum of the conversation,' Senate Minority Leader Chuck Schumer (above) said

House Intelligence Chairman Adam Schiff (above) said: 'I found the allegations deeply disturbing. I also found them very credible'

House Intelligence Chairman Adam Schiff (above) said: ‘I found the allegations deeply disturbing. I also found them very credible’

The whistleblower alleged that Trump threatened to withhold $400million in military aid to the Ukraine unless its president, Volodymyr Zelensky agreed to investigate Biden and his son Hunter's business dealings in the country. Joe and Hunter Biden are pictured above

The whistleblower alleged that Trump threatened to withhold $400million in military aid to the Ukraine unless its president, Volodymyr Zelensky agreed to investigate Biden and his son Hunter’s business dealings in the country. Joe and Hunter Biden are pictured above

The complaint hinged on a July call between Trump and Zelensky (above together Wednesday)

The complaint hinged on a July call between Trump and Zelensky (above together Wednesday)

‘Having read the documents in there, I’m even more worried about what happened than when I read the memorandum of the conversation,’ Senate Minority Leader Chuck Schumer (D-New York) said, calling for the report to be made public.

‘There are so many facts that have to be examined. It’s very troubling.’

House Intelligence Chairman Adam Schiff (D-California) said: ‘I found the allegations deeply disturbing. I also found them very credible.’

However, Chris Stewart, a Republican member of the same committee, said the complaint contained no information that was not already in the transcript of Trump’s conversation with Zelensky released earlier in the day.

He told Fox News’s ‘The Ingram Angle’ that he was initially anxious before viewing the complaint, but was ‘much more confident than I was this morning that this is going to go nowhere … there are just no surprises there.’

‘The entirety of it is focused on this one thing, and that’s the transcript of one phone call, the transcript that was released this morning,’ he added.

He said the document itself is six or seven pages long, but is entirely based on second-hand knowledge drawn from the transcript.

Stewart added that he doubts whoever made the complaint had actually seen the transcript, but had heard about it from elsewhere.

Separately, Schiff condemned the Trump administration’s earlier efforts to prevent lawmakers from seeing the report.

‘It is an urgent matter and there was simply no basis to keep this from committee,’ he said. ‘The idea that DOJ would have intervened to prevent it from getting to Congress throws the leadership of the department into ill repute.’

Rep Mike Quigley (D-Illinois) also branded the complaint ‘disturbing’ and said it was ‘extraordinarily detailed’ and ‘very, very well done’.

‘It reinforces the concerns that what we previously learned and I think it is a blueprint for what we still need to know,’ Quigley said. ‘It lays out exactly what Congress needs to investigate.’

Chris Stewart, a Republican member of the intelligence committee, viewed a copy of the whistleblower complaint Wednesday and said it contains nothing that is not already in the transcript of Donald Trump's call with Ukrainian President Volodymyr Zelensky

Chris Stewart, a Republican member of the intelligence committee, viewed a copy of the whistleblower complaint Wednesday and said it contains nothing that is not already in the transcript of Donald Trump’s call with Ukrainian President Volodymyr Zelensky

Stewart said the complaint has been declassified, should be made available to the public as soon as possible, and encouraged everyone to read it for themselves

Stewart said the complaint has been declassified, should be made available to the public as soon as possible, and encouraged everyone to read it for themselves

Republican lawmakers were more reserved in their response to the report but echoed Democrats’ calls for further investigation.

‘Republicans ought not to be rushing to circle the wagons to say there’s no there there when there’s obviously lots that’s very troubling there,’ Sen Ben Sasse (R-Nebraska) said.

‘Democrats ought not be using words like “impeach” before they knew anything about the actual substance.’

‘The administration ought not be attacking the whistleblower as some talking points suggest they plan to do.’

Sen Roy Blunt (R-Missouri) told reporters he looked forward to receiving more information from acting director of national intelligence Joseph Maguire and intelligence inspector general Michael Atkinson, who are both expected to testify before Congress on Thursday.

‘I think, first of all, in this particular case, there’s not going to be that much information to have to put together, I think that argues for some patience to do that,’ Blunt said.

‘I think being able to ask them questions, look at two different points of view of this, and I think also at some point very quickly, we need to talk to the Justice Department.’

Lawmakers on both sides of the aisle also said they hope to hear from the anonymous whistleblower, whose lawyers have said their client intends to continue cooperating with Congress but hopes to remain anonymous.

Republican lawmakers were more reserved in their response to the report but echoed Democrats' calls for further investigation. Missouri Sen Roy Blunt (pictured) told reporters he looked forward to hearing from acting director of national intelligence Joseph Maguire and intelligence inspector general Michael Atkinson, who are both expected to testify Thursday

THE FIVE KEY QUOTES FROM THE TRUMP-ZELENSKY PHONE CALL

Trump: ‘I will say that we do a lot for Ukraine. We spend a lot of effort and a lot of time. Much more than the European countries are ‘doing and they should be helping you more than they are.’

Trump: ‘I would like you to do us a favor though because our country has been through a lot and Ukraine knows a lot about it. I would like you to find out what happened with this whole situation with Ukraine, they say Crowdstrike … I guess you have one of your wealthy people… The server, they say Ukraine has it.’

Trump: ‘There’s a lot of talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney General would be great. Biden went around bragging that he stopped the prosecution so if you can look into it … It sounds horrible to me.’

Trump: ‘I will have Mr. Giuliani give you a call and I am also going to have Attorney General Barr call and we will get to the bottom of it.’

Zelensky: ‘I also wanted to ensure you that we will be very serious about the case and will work on the investigation.’

The House and Senate intelligence panels fought hard for the complaint to be released after Maguire withheld it from Congress, sparking a firestorm over Trump’s dealings with Ukraine.

Trump, whose administration had earlier balked at turning over the report, said Wednesday afternoon that ‘I fully support transparency on the so-called whistleblower information’ and that he had communicated that position to House Minority Leader Kevin McCarthy (R-California).

The complaint is at least in part related to the July phone call between Trump and Ukrainian President Zelensky.

The White House released a rough transcript of that call Wednesday, showing that Trump prodded Zelensky to work with the US attorney general and Trump’s personal lawyer Rudy Giuliani to investigate Democratic political rival Biden.

During the call, Trump suggested that Ukraine could be doing more to help the US without mentioning that he was blocking a large military assistance package that Congress had approved to help the country fend off Russian aggression.

House Speaker Nancy Pelosi fully endorsed an impeachment inquiry on Tuesday as Trump acknowledged his conversations with Zelensky, saying that if Trump abused his presidential powers, then it would mark a ‘betrayal of his oath of office’.

‘Impeachment for THAT?’ Trump mocks impeachment inquiry decision

Trump, whose administration had earlier balked at turning over the report, said Wednesday afternoon that 'I fully support transparency on the so-called whistleblower information'

The DOJ released a memo explaining the Trump administration’s legal rationale for initially withholding the whistleblower’s complaint, which was submitted to Atkinson in August.

Two people briefed on the documents told the New York Times that the complainant identified multiple White House officials as corroborating witnesses to Trump’s potential misconduct. The sources said Atkinson interviewed witnesses when reviewing the complaint.

Atkinson found that the complainant may not support the president’s re-election and that they did not directly listen to the call or see the records that reconstructed it.

The officer apparently heard about the call secondhand when unidentified White House officials expressed concern that Trump had ‘abused his authority or acted unlawfully in connection with foreign diplomacy,’ the memo stated.

Despite the whistleblower’s potential bias and proximity to the call, Atkinson found reason to believe Trump’s alleged actions created a national security risk and that he may have illegally solicited a foreign campaign contribution.

He determined the complaint was ‘credible’ and forwarded it to Maguire, a Trump appointee.

Maguire then blocked release of the complaint to Congress, citing issues of presidential privilege and saying it was not an ‘urgent concern’.

Maguire is testifying publicly before the House Intelligence Committee on Thursday and privately before the Senate panel.

Atkinson, who met privately with House lawmakers last week, will also talk privately to the Senate committee Thursday.

https://www.dailymail.co.uk/news/article-7504787/Lawmakers-staff-view-whistleblower-complaint.html

 

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