In DC, as Impeachment Heats Up Legal Experts Explain High Crimes (WATCH)

Law professor said Trump’s actions toward Ukraine meet constitutional definition of bribery

Public impeachment hearings moved on Wednesday to the House judiciary committee, where four constitutional law experts testified about whether alleged misconduct by Donald Trump investigated in previous impeachment hearings rises to the level of impeachable offenses.

The Guardian

Updated: December 4th, 2019

Here are five key takeaways from this next step of the process:

Trump provides extreme example of impeachable conduct – witnesses

Three witnesses called by Democrats said that the president’s use of official acts for personal gain in defiance of US national security interests was clearly an impeachable offense.

“If what we’re talking about is not impeachable, then nothing is impeachable,” said witness Michael Gerhardt, a University of North Carolina law professor. “If Congress fails to impeach here, then the impeachment process has lost all meaning and, along with that, our constitution’s carefully crafted safeguards against the establishment of a king on American soil.”

Democrats lay out impeachment road map

The Democrats outlined three alleged offenses that could form the basis for formal articles of impeachment that the full House would vote on. The three offenses were: abuse of power and bribery; obstruction of Congress; and obstruction of justice.

“Never before has a president engaged in a course of conduct that included all the acts that most concerned the framers,” said the committee’s chairman, Jerry Nadler.

The road ahead

While the judiciary committee has not announced additional hearings, the White House has until Friday 6 December to notify the committee whether lawyers for Trump wish to participate in the proceedings. The White House declined to participate in the hearing on Wednesday.

If the judiciary committee forges ahead with drafting formal articles of impeachment, Democratic party leaders expect a committee vote on them as soon as next week. By this timeline, the full House could vote on impeaching Trump near the end of the year, although there is no set calendar. If he is impeached, Trump’s trial would be held in the Republican-controlled Senate early next year.

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UPDATE: U.S. Impeachment Panel Finds Trump Abused His Office for Personal Gain

THE TRUMP-UKRAINE IMPEACHMENT INQUIRY REPORT

Report of the House Permanent Select Committee on Intelligence in Consultation with the House Committee on Oversight and Reform and the House Committee on Foreign Affairs

December 3, 2019

In his farewell address, President George Washington warned of a moment when “cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.”

The Framers of the Constitution well understood that an individual could one day occupy the Office of the President who would place his personal or political interests above those of the nation. Having just won hard-fought independence from a King with unbridled authority, they were attuned to the dangers of an executive who lacked fealty to the law and the Constitution.

In response, the Framers adopted a tool used by the British Parliament for several hundred years to constrain the Crown—the power of impeachment. Unlike in Britain, where impeachment was typically reserved for inferior officers but not the King himself, impeachment in our untested democracy was specifically intended to serve as the ultimate form of accountability for a duly-elected President. Rather than a mechanism to overturn an election, impeachment was explicitly contemplated as a remedy of last resort for a president who fails to faithfully execute his oath of office “to preserve, protect and defend the Constitution of the United States.”

Accordingly, the Constitution confers the power to impeach the president on Congress, stating that the president shall be removed from office upon conviction for “Treason, Bribery, or other high Crimes and Misdemeanors.” While the Constitutional standard for removal from office is justly a high one, it is nonetheless an essential check and balance on the authority of the occupant of the Office of the President, particularly when that occupant represents a continuing threat to our fundamental democratic norms, values, and laws.

Alexander Hamilton explained that impeachment was not designed to cover only criminal violations, but also crimes against the American people. “The subjects of its jurisdiction,” Hamilton wrote, “are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to the society itself.”

Similarly, future Associate Justice of the United States Supreme Court James Wilson, a delegate from Pennsylvania at the Constitutional Convention, distinguished impeachable offenses from those that reside “within the sphere of ordinary jurisprudence.” As he noted, “impeachments are confined to political characters, to political crimes and misdemeanors, and to political punishments.”

* * *
As this report details, the impeachment inquiry has found that President Trump, personally and acting through agents within and outside of the U.S. government, solicited the interference of a foreign government, Ukraine, to benefit his reelection. In furtherance of this scheme, President Trump conditioned official acts on a public announcement by the new Ukrainian President, Volodymyr Zelensky, of politically-motivated investigations, including one into President Trump’s domestic political opponent. In pressuring President Zelensky to carry out his demand, President Trump withheld a White House meeting desperately sought by the Ukrainian President, and critical U.S. military assistance to fight Russian aggression in eastern Ukraine.

The President engaged in this course of conduct for the benefit of his own presidential reelection, to harm the election prospects of a political rival, and to influence our nation’s upcoming presidential election to his advantage. In doing so, the President placed his own personal and political interests above the national interests of the United States, sought to undermine the integrity of the U.S. presidential election process, and endangered U.S. national security.

At the center of this investigation is the memorandum prepared following President Trump’s July 25, 2019, phone call with Ukraine’s President, which the White House declassified and released under significant public pressure. The call record alone is stark evidence of misconduct; a demonstration of the President’s prioritization of his personal political benefit over the national interest. In response to President Zelensky’s appreciation for vital U.S. military assistance, which President Trump froze without explanation, President Trump asked for “a favor though”: two specific investigations designed to assist his reelection efforts.

Our investigation determined that this telephone call was neither the start nor the end of President Trump’s efforts to bend U.S. foreign policy for his personal gain. Rather, it was a dramatic crescendo within a months-long campaign driven by President Trump in which senior U.S. officials, including the Vice President, the Secretary of State, the Acting Chief of Staff, the Secretary of Energy, and others were either knowledgeable of or active participants in an effort to extract from a foreign nation the personal political benefits sought by the President.

The investigation revealed the nature and extent of the President’s misconduct, notwithstanding an unprecedented campaign of obstruction by the President and his Administration to prevent the Committees from obtaining documentary evidence and testimony. A dozen witnesses followed President Trump’s orders, defying voluntary requests and lawful subpoenas, and refusing to testify. The White House, Department of State, Department of Defense, Office of Management and Budget, and Department of Energy refused to produce a single document in response to our subpoenas.

Ultimately, this sweeping effort to stonewall the House of Representatives’ “sole Power of Impeachment” under the Constitution failed because witnesses courageously came forward and testified in response to lawful process. The report that follows was only possible because of their sense of duty and devotion to their country and its Constitution.

Nevertheless, there remain unanswered questions, and our investigation must continue, even as we transmit our report to the Judiciary Committee. Given the proximate threat of further presidential attempts to solicit foreign interference in our next election, we cannot wait to make a referral until our efforts to obtain additional testimony and documents wind their way through the courts. The evidence of the President’s misconduct is overwhelming, and so too is the evidence of his obstruction of Congress. Indeed, it would be hard to imagine a stronger or more complete case of obstruction than that demonstrated by the President since the inquiry began.

The damage the President has done to our relationship with a key strategic partner will be remedied over time, and Ukraine continues to enjoy strong bipartisan support in Congress. But the damage to our system of checks and balances, and to the balance of power within our three branches of government, will be long-lasting and potentially irrevocable if the President’s ability to stonewall Congress goes unchecked. Any future President will feel empowered to resist an investigation into their own wrongdoing, malfeasance, or corruption, and the result will be a nation at far greater risk of all three.

* * *

The decision to move forward with an impeachment inquiry is not one we took lightly. Under the best of circumstances, impeachment is a wrenching process for the nation…The alarming events and actions detailed in this report, however, left us with no choice but to proceed.

In making the decision to move forward, we were struck by the fact that the President’s misconduct was not an isolated occurrence, nor was it the product of a naïve president. Instead, the efforts to involve Ukraine in our 2020 presidential election were undertaken by a President who himself was elected in 2016 with the benefit of an unprecedented and sweeping campaign of election interference undertaken by Russia in his favor, and which the President welcomed and utilized…

By doubling down on his misconduct and declaring that his July 25 call with President Zelensky was “perfect,” President Trump has shown a continued willingness to use the power of his office to seek foreign intervention in our next election. His Acting Chief of Staff, Mick Mulvaney, in the course of admitting that the President had linked security assistance to Ukraine to the announcement of one of his desired investigations, told the American people to “get over it.” In these statements and actions, the President became the author of his own impeachment inquiry. The question presented by the set of facts enumerated in this report may be as simple as that posed by the President and his chief of staff’s brazenness: is the remedy of impeachment warranted for a president who would use the power of his office to coerce foreign interference in a U.S. election, or is that now a mere perk of the office that Americans must simply “get over”?

* * *

Those watching the impeachment hearings might have been struck by how little discrepancy there was between the witnesses called by the Majority and Minority. Indeed, most of the facts presented in the pages that follow are uncontested. The broad outlines as well as many of the details of the President’s scheme have been presented by the witnesses with remarkable consistency. There will always be some variation in the testimony of multiple people witnessing the same events, but few of the differences here go to the heart of the matter. And so, it may have been all the more surprising to the public to see very disparate reactions to the testimony by the Members of Congress from each party.

If there was one ill the Founding Founders feared as much as that of an unfit president, it may have been that of excessive factionalism. Although the Framers viewed parties as necessary, they also endeavored to structure the new government in such a way as to minimize the “violence of faction.” As George Washington warned in his farewell address, “the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it.”

Today, we may be witnessing a collision between the power of a remedy meant to curb presidential misconduct and the power of faction determined to defend against the use of that remedy on a president of the same party. But perhaps even more corrosive to our democratic system of governance, the President and his allies are making a comprehensive attack on the very idea of fact and truth. How can a democracy survive without acceptance of a common set of experiences?

America remains the beacon of democracy and opportunity for freedom-loving people around the world. From their homes and their jail cells, from their public squares and their refugee camps, from their waking hours until their last breath, individuals fighting human rights abuses, journalists uncovering and exposing corruption, persecuted minorities struggling to survive and preserve their faith, and countless others around the globe just hoping for a better life look to America. What we do will determine what they see, and whether America remains a nation committed to the rule of law.

As Benjamin Franklin departed the Constitutional Convention, he was asked, “what have we got? A Republic or a Monarchy?” He responded simply: “A Republic, if you can keep it.”

Click here to read the full report »

For only the fourth time in American history, the U.S. House began historic public impeachment hearings last month setting the stage for Donald Trump’s possible removal from office for bribery, extortion and abuse of power

‘Tis a new season in the impeachment inquiry: Actual impeachment

The Washington Post

Dec. 2, 2019

House Democrats want to vote on whether to impeach President Trump by Christmas, which means they have about three weeks to write up articles of impeachment, debate them and vote on them.

This next phase comes after two months of an inquiry into whether Trump should be impeached, which culminated in a blitz of public hearings before Thanksgiving…

There’s no standard timeline for impeachment; this is only the fourth time Congress has formally considered impeaching a president…

Once the House votes on whether to impeach Trump, we’re through only the first half of the process.

Here’s an outline of what we can expect next.

First week of December: The handover from the House Intelligence Committee to the House Judiciary Committee

House impeachment investigators are expected to release a report Monday to members of the House Intelligence Committee about what wrongdoing was uncovered during their two-month impeachment inquiry. The Intelligence Committee will vote on whether to approve it by Tuesday evening, after which the report could get released publicly.

The Judiciary Committee…will have its first public hearing Wednesday. Constitutional experts will explain what impeachment is and what the Constitution says about impeachment.

Read the full article at washingtonpost.com »


Related:

Updated: November 23, 2019

Highlights from Dramatic Final Day of This Week’s Landmark U.S. Impeachment Hearings (NBC News)

Impeachment hearings shine spotlight on stories of immigrants

The Washington Post

One surprising aspect of the impeachment hearings is that they have shone a spotlight on the stories of officials who were born elsewhere and immigrated to the United States in search of a better life.

Three of the officials who have testified so far — Lt. Col. Alexander Vindman, a National Security Council expert on Ukraine; former ambassador to Ukraine Marie Yovanovitch; and Hill — are naturalized U.S. citizens.

Vindman was born in Ukraine, when it was still part of the Soviet Union. He immigrated to the U.S. as a child. Yovanovitch is the Canadian-born daughter of Russians who fled the Soviet Union.

And Hill came to the U.S. from northeast England, where her poor background and working-class accent were obstacles to her advancement. In her testimony Thursday morning, she described herself as “an American by choice.”

“I grew up poor, with a very distinctive working-class accent,” she said. “In England in the 1980s and 1990s, this would have impeded my professional advancement. This background has never set me back in America.”

Read more »


The Latest: Former Trump adviser undercuts GOP impeachment defenses (Day 5)

The Associated Press

November 21st, 2019

A former White House official said Thursday that President Donald Trump’s top European envoy was sent on a “domestic political errand” seeking investigations of Democrats, stunning testimony that dismantled a main line of the president’s defense in the impeachment inquiry.

In a riveting appearance on Capitol Hill, Fiona Hill also implored Republican lawmakers — and implicitly Trump himself — to stop peddling a “fictional narrative” at the center of the impeachment probe. She said baseless suggestions that Ukraine interfered in the 2016 election bolster Russia as it seeks to sow political divisions in the United States.

Testimony from Hill and David Holmes, a State Department adviser in Kyiv, capped an intense week in the historic inquiry and reinforced the central complaint: that Trump used his leverage over Ukraine, a young Eastern European democracy facing Russian aggression, to pursue political investigations. His alleged actions set off alarms across the U.S. national security and foreign policy apparatus.

Hill had a front row seat to some of Trump’s pursuits with Ukraine during her tenure at the White House. She testified in detail about her interactions with Gordon Sondland, saying she initially suspected the U.S. ambassador to the European Union was overstating his authority to push Ukraine to launch investigations into Democrats. But she says she now understands he was acting on instructions Trump sent through his personal attorney Rudy Giuliani.

“He was being involved in a domestic political errand, and we were being involved in national security foreign policy,” she testified in a daylong encounter with lawmakers. “And those two things had just diverged.”

It was just one instance in which Hill, as well as Holmes, undercut the arguments being made by Republicans and the White House. Both told House investigators it was abundantly clear Giuliani was seeking political investigations of Democrats and Joe Biden in Ukraine, knocking down assertions from earlier witnesses who said they didn’t realize the purpose of the lawyer’s pursuits. Trump has also said he was simply focused on rooting out corruption in Ukraine.

Giuliani “was clearly pushing forward issues and ideas that would, you know, probably come back to haunt us and in fact,” Hill testified. “I think that’s where we are today.”

Hill also defended Lt. Col. Alexander Vindman, the Army officer who testified earlier and whom Trump’s allies tried to discredit. A previous witness said Hill raised concerns about Vindman, but she said those worries centered only on whether he had the “political antenna” for the situation at the White House.

The landmark House impeachment inquiry was sparked by a July 25 phone call, in which Trump asked Ukraine President Volodymyr Zelenskiy for investigations into Biden and the Democratic National Committee. A still-anonymous whistleblower’s official government complaint about that call led the House to launch the current probe.

After two weeks of public testimony, many Democrats believe they have enough evidence to begin writing articles of impeachment. Working under the assumption that Trump will be impeached by the House, White House officials and a small group of GOP senators met Thursday to discuss the possibility of a two week Senate trial.

There still remain questions about whether there will be additional House testimony, either in public session or behind closed doors, including from high-profile officials such as former Trump national security adviser John Bolton.

In what was seen as a nudge to Bolton, her former boss, Hill said those with information have a “moral obligation to provide it.”

She recounted one vivid incident at the White House where Bolton told her he didn’t want to be involved in any “drug deal” that Sondland and Trump’s acting White House chief of staff Mick Mulvaney were cooking up over the Ukrainian investigations Trump wanted. Hill said she conveyed similar concerns directly to Sondland.

“And I did say to him, ‘Ambassador Sondland, Gordon, I think this is all going to blow up,’” she said. “And here we are.”

Read more »

Impeachment Bombshell: US Envoy Says ‘We followed the president’s orders’ (Day 4)

November 20th, 2019

US Envoy Says ‘We followed the president’s orders’

The Associated Press

WASHINGTON (AP) — Was there a “quid pro quo?”

The ambassador entangled in an impeachment inquiry into President Donald Trump is telling House lawmakers: “Yes.”

Gordon Sondland is testifying Wednesday publicly.

Sondland says “we all understood” that a meeting at the White House for Ukraine’s president and a phone call with Trump would happen only if President Volodymyr Zelenskiy agreed to an investigation into the 2016 U.S. election and the son of former Vice President Joe Biden.

He says he sent an email on July 19, just days before the July 25 call at the center of the impeachment inquiry, where he laid out the issue in detail to members of the State and Energy departments and White House staff.

Sondland said: “It was no secret.”

___

9:20 a.m.

A key witness in the House impeachment inquiry into President Donald Trump says that Vice President Mike Pence was informed about concerns that military aid to Ukraine had been held up because of the investigations.

Ambassador Gordon Sondland is testifying Wednesday publicly. He already appeared behind closed doors.

The wealthy hotelier and Trump donor has emerged as a central figure in an intense week with nine witnesses testifying over three days. He has told lawmakers the White House has records of the July 26 call, despite the fact that Trump has said he doesn’t recall the conversation.

The ambassador’s account of the recently revealed call supports the testimony of multiple witnesses who have spoken to impeachment investigators over the past week.

Trump’s pressure on Ukraine to investigate Democrats as he was withholding military aid to the East European nation is at the center of the impeachment probe that imperils his presidency.

—-
U.S. Impeachment Highlights From Day 3 (Video)

Top aides call Trump’s Ukraine call ‘unusual’ and ‘inappropriate’ in impeachment hearing

The Associated Press

Impeachment hearings takeaways: Firsthand witnesses appear

There were attacks on the credibility of a witness in uniform, and hand-wringing by another witness on all that he knows now that he says he didn’t know then. Vice President Mike Pence was name-dropped, and lawmakers heard expressions of concern about the July phone call between President Donald Trump and Ukraine’s leader.

The third day of impeachment hearings was the longest yet, bringing to the forefront four witnesses in two separate hearings. All were steeped in national security and foreign affairs.

Some takeaways from Tuesday’s testimony:

‘CONCERNED BY THE CALL’

Republicans consistently criticize the House impeachment inquiry by saying witnesses didn’t have firsthand knowledge of Trump’s role in trying to persuade Ukraine to investigate a chief political rival.

On Day 3 of the proceedings, that posture became more difficult to maintain.

The two witnesses in Tuesday morning’s hearing each listened to the July 25 phone call in which Trump prodded his Ukrainian counterpart to investigate Democrat Joe Biden.

Jennifer Williams, an adviser to Pence, said she considered the call “unusual” since it “involved discussion of what appeared to be a domestic political matter.”

Army Lt. Col. Alexander Vindman, who arrived for the hearing in military uniform adorned with medals, went even further. He considered it “improper,” and, acting out of “duty,” reported his alarm to a lawyer for the National Security Council.

“My intent was to raise these concerns because they had significant national security implications for our country,” Vindman said. “I never thought that I’d be sitting here testifying in front of this committee and the American public about my actions.”

For his part, Tim Morrison, who recently left his National Security Council post, said he did not believe that anything illegal occurred on the call but was worried about the political ramifications if the contents leaked.

Read more »


Related:

Democrats invite Trump to testify in impeachment inquiry

Updates from last week: Trump accused of witness intimidation

The Associated Press

Ousted ambassador says she felt intimidated by Trump attacks

Updated: November 15th, 2019

WASHINGTON (AP) — In chilling detail, ousted U.S. Ambassador to the Ukraine Marie Yovanovitch described to Trump impeachment investigators Friday how she felt threatened upon learning that President Donald Trump had promised Ukraine’s leader she was “going to go through some things.”

Trump was unwilling to stay silent during Yovanovitch’s testimony, focusing even greater national attention on the House hearing by becoming a participant. He tweeted fresh criticism of her, saying that things “turned bad” everywhere she served before he fired her — a comment that quickly was displayed on a video screen in the hearing room.

Rather than distract from the career diplomat’s testimony, Trump’s interference could provide more evidence against him in the probe. Democrat Adam Schiff, chairman of the House Intelligence Committee, said Trump’s attacks were intimidation, “part of a pattern to obstruct justice.” Others said they could be part of an article of impeachment.

The former ambassador was testifying on the second day of public impeachment hearings, just the fourth time in American history that the House of Representatives has launched such proceedings. The investigation centers on whether Trump’s push for Ukrainian officials to investigate his political rivals amounted to an abuse of power, a charge he and Republicans vigorously deny.

Yovanovitch, asked about the potential effect of a presidential threat on other officials or witnesses, replied, “Well, it’s very intimidating.”

When she saw in print what the president had said about her, she said, a friend told her all the color drained from her face. She was “shocked, appalled, devastated” at what was happening after a distinguished 30-year career in the U.S. Foreign Service.

Unabashed, Trump said when asked about it later, “I have the right to speak. I have freedom of speech.”

But not all Republicans thought it was wise. Rep. Liz Cheney of Wyoming said Trump’s live tweeting at the ambassador was wrong. She said, “I don’t think the president should have done that.”

More hearings are coming, with back-to-back sessions next week and lawmakers interviewing new witnesses behind closed doors.

Yovanovitch, a career diplomat who served for decades under both Republican and Democratic presidents and was first appointed by Ronald Reagan, was pushed from her post in Kyiv earlier this year amid intense criticism from Trump allies.

During a long day of testimony, she relayed her striking story of being “kneecapped,” recalled from Kyiv by Trump in a swiftly developing series of events that sounded alarms about a White House shadow foreign policy.

She described a “smear campaign” against her by Trump’s personal lawyer, Rudy Giuliani, and others, including the president’s son, Donald Trump Jr., before her firing.

The daughter of immigrants who fled the former Soviet Union and Nazi Germany, her career included three tours as an ambassador to some of the world’s tougher postings, before arriving in Ukraine in 2016. She was forced out last May.

In particular, Yovanovitch described Giuliani, Trump’s lawyer, as leading what William Taylor, now the top diplomat in Ukraine who testified earlier in the inquiry, called an “irregular channel” outside the diplomatic mainstream of U.S.-Ukraine relations.

“These events should concern everyone in this room,” Yovanovitch testified in opening remarks.

She said her sudden removal had played into the hands of “shady interests the world over” with dangerous intentions toward the United States. They have learned, she said, “how little it takes to remove an American ambassador who does not give them what they want.”

After Trump’s tweets pulled attention away from her statement, Schiff read the president’s comments aloud, said that “as we sit here testifying, the president is attacking you on Twitter,” and asked if that was a tactic to intimidate.

“I can’t speak to what the president is trying to do, but I think the effect is to be intimidated,” she said.

Said Schiff, “Well, I want to let you know, Ambassador, that some of us here take witness intimidation very, very seriously.”

Later Friday, the panel in closed-door session heard from David Holmes, a political adviser in Kyiv, who overheard Trump asking about the investigations the day after the president’s July 25 phone conversation with new Ukrainian President Volodymyr Zelenskiy. Holmes was at dinner with Gordon Sondland, the ambassador to the European Union, when Sondland called up Trump. The conversation was apparently loud enough to be overheard.

In Trump’s phone call with Zelenskiy, he asked for a “favor,” according to an account provided by the White House. He wanted an investigation of Democrats and 2020 rival Joe Biden. Later it was revealed that the administration was withholding military aid from Ukraine at the time.

Democrats are relying on the testimony of officials close to the Ukraine matter to make their case as they consider whether the president’s behavior was impeachable.

Yovanovitch provides a key element, Schiff said, as someone whom Trump and Giuliani wanted out of the way for others more favorable to their interests in Ukraine, an energy-rich country that has long struggled with corruption.

It became clear, he said, “President Trump wanted her gone.”

The top Republican on the panel, Rep. Devin Nunes of California, bemoaned the hearings as a “daylong TV spectacle.”

Republicans complained that the ambassador, like other witnesses, can offer only hearsay testimony and only knows of Trump’s actions secondhand. They note that Yovanovitch had left her position before the July phone call.

Nunes also pressed to hear from the still anonymous government whistleblower who first alerted officials about Trump’s phone call with Ukraine that is in question. “These hearings should not be occurring at all,” he said.

Just as the hearing was opening, the White House released its rough transcript of a still-earlier Trump call with Zelenskiy that was largely congratulatory.

Nunes read that transcript aloud. In it, Trump mentioned his experience with the Miss Universe pageant in Ukraine and invited Zelenskiy to the White House. He closed with, “See you very soon.”

Under questioning from Republicans, Yovanovitch acknowledged that Joe Biden’s son, Hunter, serving on the board of a gas company in Ukraine could have created the appearance of a conflict of interest. But she testified the former vice president acted in accordance with official U.S. policy.

She denied allegations against her, including that she favored Democrat Hillary Clinton over Trump in the 2016 election, and she rejected the notion that Ukraine tried to interfere in the election, as Trump claims, counter to mainstream U.S. intelligence findings that it was Russia.

The White House has instructed officials not to comply with the probe, and most have been issued subpoenas to appear.

An administration budget official will meet privately with the panel privately Saturday. Part of the impeachment inquiry concerns the contention that military aid for Ukraine, which borders a hostile Russia, was being withheld through the White House budget office, pending Ukrainian agreement to investigate Biden and the 2016 U.S. election.

LIVE | Day 2 of public Trump impeachment hearings: Marie Yovanovitch testifies

Friday, Nov. 15, 2019

Representative Eric Swalwell, one of the Democratic members of the House intelligence committee, said that witness intimidation “will be considered” for one of the articles of impeachment against Trump after the president sent a disparaging tweet about Maria Yovanovitch as the longtime diplomat testified.

One of Swalwell’s fellow Democrats on the panel, Andre Carson, similarly said the committee would “look into” whether Trump engaged in witness intimidation.

After Trump smears Yovanovitch, Schiff says witness intimidation is taken ‘very, very seriously’ – live

After reading Trump’s tweet attacking the reputation of Maria Yovanovitch, Adam Schiff asked the longtime diplomat whether she thought the tweet was meant to intimidate her as she testified at the impeachment hearing.

“It’s very intimidating.”

Schiff rejoined: “The president is attacking you in real time… Some of us here take witness intimidation very, very seriously.”

Presidential candidate Kamala Harris weighed in on Trump’s tweet smearing Maria Yovanovitch’s reputation as the longtime diplomat testified, accusing the president of witness intimidation.

Fox News anchors described the testimony of Maria Yovanovitch as a “turning point” in the impeachment inquiry against Trump.

Anchor Bret Baier predicted that Trump’s tweet smearing Yovanovitch’s reputation as the longtime diplomat testified would lead to a new article of impeachment against the president.

John Roberts

@johnrobertsFox
Wow….this is really unprecedented. @realDonaldTrump and Amb Yovanovitch are talking to each other in real time through @Twitter and Television… Something I never thought I would ever see.

Chris Wallace on Fox News: “If you were not moved by the testimony of Marie Yovanovitch, you don’t have a pulse.”

Read more at theguardian.com »


Ousted ambassador testifies ouster helped ‘shady interests’


Former U.S. Ambassador to Ukraine Marie Yovanovitch, right, arrives to testify before the House Intelligence Committee on Capitol Hill in Washington, Friday, Nov. 15, 2019, in the second public impeachment hearing of President Donald Trump’s efforts to tie U.S. aid for Ukraine to investigations of his political opponents. At left is attorney Lawrence Robbins. (AP Photo/Susan Walsh)

The Associated Press

Updated: November 15th, 2019

WASHINGTON (AP) — WASHINGTON (AP) — Former U.S. Ukraine Ambassador Marie Yovanovitch opened the second day of Trump impeachment hearings Friday declaring that her abrupt removal by President Donald Trump’s administration played into the hands of “shady interests the world over” with dangerous intentions toward the United States.

Yovanovitch told the House Intelligence Committee of a concerted “smear” campaign against her by Trump’s personal lawyer, Rudy Giuliani, and others. Her removal is one of several events at the center of the impeachment effort.

“These events should concern everyone in this room,” the career diplomat testified in opening remarks. “Shady interests the world over have learned how little it takes to remove an American ambassador who does not give them what they want.”

The daughter of immigrants who fled the former Soviet Union and Nazi German, she described a 33-year career, including three tours as an ambassador to some of the world’s tougher postings, before arriving in Ukraine in 2016. She was forced out in April 2019.

Rep. Adam Schiff, the Democratic chairman of the panel, opened day’s hearing praising Yovanovitch, saying she was “too tough on corruption for some, and her principled stance made her enemies.”

Pelosi calls Trump’s actions ‘bribery’ as Democrats sharpen case for impeachment

The Washington Post

Escalating her case for impeachment, House Speaker Nancy Pelosi on Thursday accused President Trump of committing bribery by seeking to use U.S. military aid as leverage to persuade the Ukrainian government to conduct investigations that could politically benefit Trump.

The shift toward bribery as an impeachable offense, one of only two crimes specifically cited in the Constitution, comes after nearly two months of debate over whether Trump’s conduct amounted to a “quid pro quo” — a lawyerly Latin term describing an exchange of things of value.

Wednesday’s public testimony from two senior diplomats, Pelosi (D-Calif.) said, “corroborated evidence of bribery uncovered in the inquiry and that the president abused power and violated his oath by threatening to withhold military aid and a White House meeting in exchange for an investigation into his political rival.”

Bribery, she suggested, amounted to a translation of quid pro quo that would stand to be more accessible to Americans: “Talking Latin around here: E pluribus unum — from many, one. Quid pro quo — bribery. And that is in the Constitution, attached to the impeachment proceedings.”

Article II of the Constitution holds that the president and other civil federal officials “shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

Pelosi’s remarks came a day after William B. Taylor Jr., the top American envoy in the Ukrainian capital, and George Kent, a deputy assistant secretary of state overseeing Ukraine policy, told lawmakers in the House’s first public impeachment hearing since 1998 that they were deeply troubled by an apparent perversion of U.S. policy, done at what seemed to be the behest of Trump personal lawyer Rudolph W. Giuliani and Trump himself.

Read more at www.washingtonpost.com »


The Associated Press

Diplomats accuse Trump as impeachment hits Americans’ TVs

WASHINGTON (AP) — For the first time, the Democrats’ case for President Donald Trump’s impeachment streamed from Americans’ TVs Wednesday, including a new contention that he was overheard asking about political “investigations” that he demanded from Ukraine in trade for military aid.

On Day One of extraordinary public U.S. House hearings — only the fourth formal impeachment effort in U.S. history — career diplomats testified in the open after weeks of closed-door interviews aimed at removing the nation’s 45th president.

The account they delivered was a striking though complicated one that Democrats say reveals a president abusing his office, and the power of American foreign policy, for personal political gain.

“The matter is as simple and as terrible as that,” said Rep. Adam Schiff, the Democratic chairman of the Intelligence Committee, as he opened the daylong hearing. “Our answer to these questions will affect not only the future of this presidency but the future of the presidency itself.”

Career diplomat William Taylor, the charge d’affaires in Kyiv, offered new testimony that Trump was overheard asking on the phone about “the investigations” of Democrats that he wanted Ukraine to pursue that are central to the impeachment inquiry.

Trump said he was too busy to watch on Wednesday and denied having the phone call. “First I’ve heard of it,” he said when asked.

All day, the diplomats testified about how an ambassador was fired, the new Ukraine government was confused and they discovered an “irregular channel” — a shadow U.S. foreign policy orchestrated by the president’s personal lawyer, Rudy Giuliani, that raised alarms in diplomatic and national security circles.

The hearing, playing out on live television and in the partisan silos of social media, provided the nation and the world a close-up look at the investigation.

At its core, the inquiry stems from Trump’s July 25 phone call when he asked Ukraine’s newly elected president, Volodymyr Zelenskiy, for “a favor.”

Trump wanted the Ukraine government to investigate Democrats’ activities in the 2016 election and his potential 2020 rival, Joe Biden — all while the administration was withholding military aid for the Eastern European ally that is confronting an aggressive neighbor, Russia.

Both sides tried to distill it into soundbites.

Democrats said Trump was engaged in “bribery” and “extortion.” Republicans said nothing really happened — the military aid was ultimately released after Congress complained.

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New testimony ties Trump more directly to Ukraine pressure

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A top diplomat on Wednesday tied President Trump more directly to the effort to pressure Ukraine to probe his political opponents, describing a phone call in which Trump sought information about the status of the investigations he had asked Ukraine to launch one day earlier.

William B. Taylor Jr., the acting ambassador to Ukraine, told lawmakers that the phone conversation between the president and U.S. Ambassador to the European Union Gordon Sondland in Kyiv was overheard by one of his aides. Afterward, Sondland told the aide that Trump cared more about investigations of former vice president Joe Biden than other issues in Ukraine, Taylor said.

The startling testimony revealed a new example of Trump’s personal involvement in the Ukraine pressure campaign that touched off the ongoing impeachment inquiry.

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The Associated Press

Impeachment hearings go live on TV: Witness says Trump asked about Ukraine probes

For the first time a top diplomat testified Wednesday that President Donald Trump was overheard asking about “the investigations” he wanted Ukraine to pursue that are central to the impeachment inquiry.

William Taylor, the top U.S. diplomat in Ukraine, revealed the new information as the House Intelligence Committee opened extraordinary hearings on whether the 45th president of the United States should be removed from office.

Taylor said his staff recently told him they overheard Trump when they were meeting with another diplomat, Ambassador Gordon Sondland, at a restaurant the day after Trump’s July 25 phone call with the new leader of Ukraine that sparked the impeachment investigation.

The staff explained that Sondland had called the president and they could hear Trump on the phone asking about “the investigations.” The ambassador told the president the Ukrainians were ready to move forward, Taylor testified.

Not inappropriate, let alone impeachable, countered the intelligence panel’s top Republican, Devin Nunes of California.

Trump “would have a perfectly good reason for wanting to find out what happened” if there were indications that Ukraine meddled in the 2016 presidential election, he said.

National security officials have told Congress they don’t believe Ukraine meddled in the 2016 election.

The hearing Wednesday was the first public session of the impeachment inquiry, a remarkable moment, even for a White House full of them.

It’s the first chance for America, and the rest of the world, to see and hear for themselves about Trump’s actions toward Ukraine and consider whether they are, in fact, impeachable offenses.

An anonymous whistleblower’s complaint to the intelligence community’s inspector general — including that Trump had pressed Ukraine’s president to investigate Democratic foe Joe Biden and Bidens’ son and was holding up U.S. military aid — ignited the rare inquiry now unfolding in Congress.

The country has been here only three times before, and never against the 21st century backdrop of real-time commentary, including from the Republican president himself. The proceedings were being broadcast live, and on social media, from a packed hearing room on Capitol Hill.

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Watch: U.S. Public impeachment hearings to begin this week

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