Impeachment 2.0

195 lawmakers cosponsor articles of impeachment of President Trump.

Congressman Ted Lieu

Meanwhile, legal expert Jonathan Turley who is a Shapiro Professor of Public Interest Law at George Washington University has this summary to offer Congress:

The author Franz Kafka once wrote, “My guiding principle is this. Guilt is never to be doubted.” Democrats suddenly appear close to adopting that standard into the Constitution as they prepare for a second impeachment of President Trump. With seeking his removal for incitement, Democrats would gut not only the impeachment standard but also free speech, all in a mad rush to remove Trump just days before his term ends.

Democrats are seeking to remove Trump on the basis of his remarks to supporters before the rioting at the Capitol. Like others, I condemned those remarks as he gave them, calling them reckless and wrong. I also opposed the challenges to electoral votes in Congress. But his address does not meet the definition for incitement under the criminal code. It would be viewed as protected speech by the Supreme Court.

When I testified in the impeachment hearings of Trump and Bill Clinton, I noted that an article of impeachment does not have to be based on any clear crime but that Congress has looked to the criminal code to weigh impeachment offenses. For this controversy now, any such comparison would dispel claims of criminal incitement. Despite broad and justified condemnation of his words, Trump never actually called for violence or riots. But he urged his supporters to march on the Capitol to raise their opposition to the certification of electoral votes and to back the recent challenges made by a few members of Congress. Trump told the crowd “to peacefully and patriotically make your voices be heard.”

These kinds of legal challenges have been made by Democrats in the past under the Electoral Count Act, and so Trump was pressing Republicans in Congress to join the effort on his behalf. He ended his remarks by saying a protest at the Capitol was meant to provide Republicans “the kind of pride and boldness that they need to take back our country.” He told the crowd, “Let us walk down Pennsylvania Avenue.” Moreover, marches are common across the country to protest actions by the government.

The legal standard for violent speech is found with Clarence Brandenburg versus Ohio. As a free speech advocate, I criticized that 1969 case and its dangerously vague standard. But even it would treat the remarks of Trump as protected under the First Amendment. With that case, the government is able to criminalize speech “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”

There was no call for lawless action by Trump. Instead, there was a call for a protest at the Capitol. Moreover, violence was not imminent, as the vast majority of the tens of thousands of protesters were not violent before the march, and most did not riot inside the Capitol. Like many violent protests in the last four years, criminal conduct was carried out by a smaller group of instigators. Capitol Police knew of the march but declined an offer from the National Guard since they did not view violence as likely.

So Congress is now seeking an impeachment for remarks covered by the First Amendment. It would create precedent for the impeachment of any president blamed for violent acts of others after using reckless language. What is worse are those few cases that would support this type of action. The most obvious is the 1918 prosecution of socialist Eugene Debs, who spoke against the draft in World War One and led figures like Woodrow Wilson to declare him a “traitor to his country.” Debs was arrested and charged with sedition, a new favorite term for Democrats to denounce Trump and Republicans who doubted the victory of Joe Biden.

In 1919, Justice Oliver Wendell Holmes wrote for a unanimous bench in one of the most infamous decisions to issue from the Supreme Court. It dismissed the free speech rights for Debs and held it was sufficient that his words had the “natural tendency and reasonably probable effect” of deterring people from supporting the international conflict.

That decision was a disgrace, but Democrats are now arguing something even more extreme as the basis for impeachment. Under their theory, any president could be removed for rhetoric that is seen to have the “natural tendency” to encourage others to act in a riotous fashion. Even a call for supporters to protest peacefully could not be a defense. Such a standard would allow for a type of vicarious impeachment that attributes conduct of third parties to any president for the purposes of removal.

Democrats are pushing this dangerously vague standard while objecting to their own remarks given new meaning from critics. Conservatives have pointed to Maxine Waters asking her supporters to confront Republicans in restaurants, while Ayanna Pressley insisted amidst the violent marches last year that “there needs to be unrest in the streets,” and Kamala Harris said “protesters should not let up” even as some of those marches turned violent. They can legitimately argue their rhetoric was not meant to be a call for violence, but this standard is filled with subjectivity.

The damage caused by the rioters this week was enormous, however, it will pale in comparison to the damage from a new precedent of a snap impeachment for speech protected under the First Amendment. It is the very threat that the framers sought to avoid in crafting the impeachment standard. In a process of deliberative judgment, the reference to a snap impeachment is a contradiction. In this new system, guilt is not doubted and innocence is not deliberated. This would do to the Constitution what the violent rioters did to the Capitol and leave it in tatters.

 

Reichstag Fire and the Rise to Total Power

On March 23, the Reichstag passed the Enabling Act, the partner piece of legislation to the February 28 Decree for the Protection of People and State. The Enabling Act assigned all legislative power to Hitler and his ministers, thus securing their ability to control the political apparatus. When President Hindenburg died in August 1934, Hitler wrote a new law that combined the offices of president and chancellor. It was sanctioned by a national plebiscite.Reichstag fire

Ex-Nazi testimony sparks fresh mystery over 1933 Reichstag fire | News | DW  | 27.07.2019  source

When the German parliamentary building went up in flames, Hitler harnessed the incident to seize power

Smithsonian: It was the canary in the political coal mine—a flashpoint event when Adolf Hitler played upon public and political fears to consolidate power, setting the stage for the rise of Nazi Germany. Since then, it’s become a powerful political metaphor. Whenever citizens and politicians feel threatened by executive overreach, the “Reichstag Fire” is referenced as a cautionary tale

Germany’s first experiment with liberal democracy was born of the 1919 Weimar Constitution, established after the conclusion of World War I. It called for a president elected by direct ballot, who would appoint a chancellor to introduce legislation to members of the Reichstag (who were also elected by popular vote). The president retained the power to dismiss his cabinet and the chancellor, dissolve an ineffective Reichstag, and, in cases of national emergency, invoke something known as Article 48, which gave the president dictatorial powers and the right to intervene directly in the governance of Germany’s 19 territorial states.

 

Following a stint in jail for his failed Beer Hall Putsch in 1923, Hitler poured his energy into attaining power through legal channels. He rose to the head of the National Socialist German Workers’ Party (Nazis), and by 1928 the group’s membership exceeded 100,000. The Nazis denounced the Weimar Republic and the “November criminals,” politicians had signed the Treaty of Versailles. The treaty forced Germany to accept responsibility for World War I, pay huge remunerations, transfer territory to their neighbors and limit the size of the military.

Despite its considerable growth, the Nazi party won only 2.6 percent of the vote in the 1928 election. But then the Great Depression hit, sending the U.S. and Europe into an economic tailspin and shooting the number of unemployed up to 6 million people in Germany (around 30 percent of the population). The sudden slump caused massive social upheaval, which the Nazis exploited to gain further political traction. By 1930, the Nazis won 18.3 percent of the Reichstag vote and became the second largest party after the Social Democrats, while the Communist party also grew to ten percent of the vote.

 

The economic unrest of the early 1930s meant that no single political party had a majority in the Reichstag, so fragile coalitions held the nation together. Faced with political chaos, President Paul von Hindenburg dissolved the Reichstag again and again. Frequent elections followed.

The Nazis aligned with other right-leaning factions and gradually worked their way up to 33 percent of the vote—but were unable to reach a full majority. In January 1933, Hindenburg reluctantly appointed Hitler as chancellor on the advice of Franz von Papen, a disgruntled former chancellor who believed the conservative bourgeois parties should ally with the Nazis to keep the Communists out of power. March 5 was set as the date for another series of Reichstag elections in hopes that one party might finally achieve the majority.

 

Meanwhile, the Nazis seized even more power, infiltrating the police and empowering ordinary party members as law enforcement officers. On February 22, Hitler used his powers as chancellor to enroll 50,000 Nazi SA men (also known as stormtroopers) as auxiliary police. Two days later, Hermann Göring, Minister of the Interior and one of Hitler’s closest compatriots, ordered a raid on Communist headquarters. Following the raid, the Nazis announced (falsely) that they’d found evidence of seditious material. They claimed the Communists were planning to attack public buildings.

On the night of February 27, around 9:00, pedestrians near the Reichstag heard the sound of breaking glass. Soon after, flames erupted from the building. It took fire engines hours to quell the fire, which destroyed the debating chamber and the Reichstag’s gilded cupola, ultimately causing over $1 million in damage. Police arrested an unemployed Dutch construction worker named Marinus van der Lubbe on the scene. The young man was found outside the building with firelighters in his possession and was panting and sweaty.

 

“This is a God-given signal,” Hitler told von Papen when they arrived on the scene. “If this fire, as I believe, is the work of the Communists, then we must crush out this murderous pest with an iron fist.”

A few hours later, on February 28, Hindenburg invoked Article 48 and the cabinet drew up the “Decree of the Reich President for the Protection of the People and State.” The act abolished freedom of speech, assembly, privacy and the press; legalized phone tapping and interception of correspondence; and suspended the autonomy of federated states, like Bavaria. That night around 4,000 people were arrested, imprisoned and tortured by the SA. Although the Communist party had won 17 percent of the Reichstag elections in November 1932, and the German people elected 81 Communist deputies in the March 5 elections, many were detained indefinitely after the fire. Their empty seats left the Nazis largely free to do as they wished.

 

Later that year, a sensational criminal trial got under way. The accused included van der Lubbe, Ernst Torgler (leader of the Communist Party in the Reichstag) and three Bulgarian Communists.

As the trial in Germany proceeded, a different kind of trial captured the public discourse. Willi Münzenberg, a German Communist, allied himself with other Communists to undertake an independent investigation of the fire. The combined research resulted in the publication of The Brown Book on the Reichstag Fire and Hitler Terror. It included early accounts of Nazi brutality, as well as an argument that van der Lubbe was a pawn of the Nazis. Hitler’s party members were the real criminals, the book argued, and they orchestrated the fire to consolidate political power. The book became a bestseller, translated into 24 languages and sold around Europe and the U.S.

 

Was Lack of Security at the DC Rally on Purpose?

Anyone remember when Washington DC Mayor, Muriel Bowser put out a declaration prior to the January 6th rally about what attendees can do and cannot do? Remember when there was a call for 340 National Guard?
Why was there no plan to install a security perimeter around the Capitol building and other government buildings given the congressional work underway? Was it a set up given the prior intelligence gathered by DHS, the Mayor’s office, the United States Secret Service and the Capitol Police along with Metro Police? Heck even Facebook blocked the Stop the Steal Group.

Trump rally DC: Clashes at Washington protest lead to stabbings, nearly 30  arrests - ABC11 Raleigh-Durham

This was purposeful and a gamble to ridicule trump supporters and to minimize the challenges to the election results. It worked. It is being called a historic invasion and insurrection.
Yes…it worked.

.Trump supporters gather in DC for 'stop the steal' rally Video - ABC News

It was an open secret…but there are more facts to be known.

The invasion of the U.S. Capitol on Wednesday was stoked in plain sight. For weeks, the far-right supporters of President Donald Trump railed on social media that the election had been stolen. They openly discussed the idea of violent protest on the day Congress met to certify the result.

“We came up with the idea to occupy just outside the CAPITOL on Jan 6th,” leaders of the Stop the Steal movement wrote on Dec. 23. They called their Wednesday demonstration the Wild Protest , a name taken from a tweet by Trump that encouraged his supporters to take their grievances to the streets of Washington. “Will be wild,” the president tweeted.

Ali Alexander, the founder of the movement, encouraged people to bring tents and sleeping bags and avoid wearing masks for the event. “If D.C. escalates… so do we,” Alexander wrote on Parler last week — one of scores of social media posts welcoming violence that were reviewed by ProPublica in the weeks leading up to Wednesday’s attack on the capitol.

Thousands of people heeded that call.

For reasons that remained unclear Wednesday night, the law enforcement authorities charged with protecting the nation’s entire legislative branch — nearly all of the 535 members of Congress gathered in a joint session, along with Vice President Mike Pence — were ill-prepared to contain the forces massed against them.

On Wednesday afternoon, a thin line of U.S. Capitol Police, with only a few riot shields between them and a knot of angry protesters, engaged in hand-to-hand combat with rioters on the steps of the West Front. They struggled with a flimsy set of barricades as a mob in helmets and bulletproof vests pushed its way toward the Capitol entrance. Videos showed officers stepping aside , and sometimes taking selfies , as if to usher Trump’s supporters into the building they were supposed to guard.

A former Capitol policeman well-versed in his agency’s procedures was mystified by the scene he watched unfold on live television. Larry Schaefer, a 34-year Capitol Police veteran who retired in December 2019, said his former colleagues were experienced in dealing with aggressive crowds.

“It’s not a spur-of-the-moment demonstration that just popped up,” Schaefer said. “We have a planned, known demonstration that has a propensity for violence in the past and threats to carry weapons — why would you not prepare yourself as we have done in the past?”

A spokesperson for the Capitol Police did not respond to a request for comment.

In recent years, federal law enforcement agencies have stepped up their focus on far-right groups, resulting in a spate of arrests. In October, the FBI arrested a group of Michigan extremists and charged them with plotting to kidnap the state’s governor. On Monday, Washington police arrested Enrique Tarrio, the leader of the far-right group the Proud Boys, on charges of burning a Black Lives Matter banner.

Conversations on right-wing platforms are monitored closely by federal intelligence. In September, a draft report by the Department of Homeland Security surfaced , identifying white supremacists as the biggest threat to national security.

The warnings of Wednesday’s assault on the Capitol were everywhere — perhaps not entirely specific about the planned time and exact location of an assault on the Capitol, but enough to clue in law enforcement about the potential for civil unrest.

On Dec. 12, a poster on the website MyMilitia.com urged violence if senators made official the victory of President-elect Joe Biden.

“If this does not change, then I advocate, Revolution and adherence to the rules of war,” wrote someone identifying themselves as I3DI. “I say, take the hill or die trying.”

Wrote another person: “It’s already apparent that literally millions of Americans are on the verge of activating their Second Amendment duty to defeat tyranny and save the republic.”

The easily overpowered police force guarding the Capitol on Wednesday posed a stark contrast to the tactics deployed by local police during this summer’s Black Lives Matter protests. Then, the city felt besieged by law enforcement.

More from Frontline:

On June 1, following a few days of mostly peaceful protests, the National Guard, the Secret Service and the U.S. Park Police fired tear gas and rubber bullets to disperse a nonviolent crowd in Lafayette Square outside the White House to allow Trump to pose with a Bible in front of a nearby church.

“We need to dominate the battlespace,” then-Secretary of Defense Mark Esper said on a call with dozens of governors, asking them to send their National Guard forces to the capital.

On June 2 — the day of the primary election in Washington — law enforcement officers appeared on every corner, heavily armed in fatigues and body armor. Humvees blocked intersections. Buses full of troops deployed into military columns and marshaled in front of the Lincoln Memorial in a raw show of force. Police kettled protesters in alleys. Choppers thudded overhead for days and sank low enough over protesters to generate gale-force winds.

Such dominance was nowhere in evidence Wednesday, despite a near-lockdown of the downtown area on Tuesday night. Trump supporters drove to the Capitol and parked in spaces normally reserved for congressional staff. Some vehicles stopped on the lawns near the Tidal Basin.

The contrast shook Washington’s attorney general, Karl Racine, who seemed to be almost in disbelief on CNN Wednesday evening.

“There was zero intelligence that the Black Lives Matter protesters were going to ‘storm the capitol,’” he remembered, after ticking down the many police forces present in June. “Juxtapose that with what we saw today, with hate groups, militia and other groups that have no respect for the rule of law go into the capitol. … That dichotomy is shocking.”

The question of how law enforcement and the national security establishment failed so spectacularly will likely be the subject of intense focus in coming days.

David Carter, director of the Intelligence Program at Michigan State University, said that sometimes, the best intelligence in the world doesn’t translate into adequate preparedness. Perhaps the security officials responsible for protecting the Capitol simply could not envision that a crowd of Americans would charge through a police line and shatter the glass windows that stood as the only physical barrier to entering the building.

“I go back to the 9/11 commission report,” Carter said. “It was a failure of imagination. They didn’t imagine something like this. Would you imagine people were going to break into the Capitol and go into the chambers? That failure of imagination sometimes makes us drop the ball.”

 

Is Anyone Taking a Long Look at Gab Sterling, Voting Implementation Mgr for Georgia?

His job was/is to supervise Georgia’s (new) voting system.

Gabriel Sterling in Georgia gives Trump a Joe McCarthy moment - Los Angeles  Times

So, here are some tips (facts) to consider.

Remember that consent decree where signatures and voter registrations were not to be verified? It is said that this agreement was between Stacey Abrams and Brad Raffensperger. Actually, those two are the conspirators but on the decree itself, neither of them signed the agreement. In fact, the agreement has the inferred signatures of Bruce V. Spiva of Perkins Coie (the law firm that Hillary Clinton and the DNC hired that later hired Fusion GPS) and Vincent R. Russo of Robbins Ross Alloy Belinfante Littlefield, LLC (Office of the Georgia Attorney General, /Counsel for State Defendants).

Vincent Russo:

Vincent has been appointed as a Special Assistant Attorney General for the State of Georgia and regularly represents Georgia officials in voting rights and election litigation. He has also been tapped to represent the Governor and the Secretary of State of Georgia in matters before the Committee on Oversight and Reform in the U.S. House of Representatives, including inquiries by the Subcommittee on Civil Rights and Civil Liberties and the Select Subcommittee on the Coronavirus Crisis. Prior to joining the Firm, Vincent was the General Counsel for the Georgia Secretary of State’s Office, where he served as the chief legal counsel in the administrations of Brian Kemp and Karen Handel.

Vincent’s practice regularly involves issues at the intersection of law, politics, and public policy. He also has significant experience advising federal and state campaign committees, PACs, and other political organizations, including representing clients in investigations by the Federal Election Commission and the Georgia Government Transparency & Campaign Finance Commission. Vincent served as legal counsel to Georgia Governor Brian Kemp’s campaign committee in 2018. He is the General Counsel for the Georgia Republican Party and has represented the National Republican Congressional Committee in recent election cycles.

Josh Belinfante:

Outside of litigation, Josh has significant experience in in campaign finance and election law matters. He represents entities governed by federal and state campaign finance laws, including campaigns and political action committees.  He also has specific experience drafting laws governing Certificate of Need, gaming, the Georgia Lottery, restrictive covenants and non-compete agreements, and eminent domain.

Seems to have the hallmarks of a good ol boy network.

During Sterling’s time on the City Council, the city came under investigation by the Georgia Secretary of State’s office for possible violations in the way it ran an election. In 2016, the council approved the city running its own special election — rather than hiring the county to do it as usual — to fill a council vacancy. The election for the District 3 seat was held the same day as a county primary election, but at a separate polling place that was not within the district.

That confusing situation led to the state investigation about a possible polling place notice violation. But more than four years later, the case remains unheard by the State Election Board for unexplained reasons, a situation a local legislator once called “insane.” The case has dragged on so long that since it began, Sterling has left office, made the Fulton commission run, and joined the office that began the investigation.

Well not actually All good ol boys, as we have Jordan Fuchs, Deputy Secretary of State.

Fuchs was quoted in a Politico story in 2019 that reported a variety of groups were concerned that “Raffensperger and his staff are pushing ahead with a $150 million plan to switch the state to new voting machines (Dominion Voting Systems) that an array of experts warn would be susceptible to hacking.” That story says that Fuchs “scolded the tea party-aligned group FreedomWorks, which also opposes the machines,” by telling them, among other things, that they did not “fully comprehend the climate of our state, the demands of our communities, or the objectives of this office.”

Another press release reported that Raffensperger had appointed Fuchs to “serve on the Board of Directors for the Electronic Registration Information Center (ERIC). Fuchs will serve as Georgia’s national representative within the organization’s governing body,” the release said.

“Our office has led the charge to reform Georgia’s elections with common-sense solutions that prioritize efficiency and promote integrity – and our immediate action to join ERIC was a major victory for all of Georgia’s voters,” said Fuchs. “I am honored to represent our state at the national level as we continue to aggressively pursue solutions that ensure a better experience at the polls for our voters and election officials alike.”

What is ERIC? “ERIC is a multistate partnership that uses a sophisticated and secure data-matching tool to improve the accuracy and efficiency of state voter registration systems. Through ERIC, states share voter registration information to improve the integrity of voter lists,” the release says. “The national non-profit uses cross-state data matches to flag voters who may have registered in multiple states, moved out of state, or passed away – alerting election officials so that they can update voter rolls accordingly, consistent with federal and state law.”

ERIC is a multistate partnership that uses a sophisticated and secure data-matching tool to improve the accuracy and efficiency of state voter registration systems. Through ERIC, states share voter registration information to improve the integrity of voter lists. The national non-profit uses cross-state data matches to flag voters who may have registered in multiple states, moved out of state, or passed away – alerting election officials so that they can update voter rolls accordingly, consistent with federal and state law. Exactly, how is that working out?)

“I have no doubt that Deputy Secretary Fuchs will continue to advance the best interest of our state and work with national stakeholders and industry leaders to make elections more secure, accurate, and accessible for every Georgia voter,” said Secretary Raffensperger.

Fuchs has been appointed as an ERIC board member for the 2019-2020 term and will continue to carry out her regular duties as Georgia’s Deputy Secretary of State for the duration.

A 2019 article by the Atlanta Journal-Constitution found that “the Georgia secretary of state’s office acknowledged…that a vendor had improperly redacted a purchasing document detailing security features of the state’s new $107 million voting system.” Fuchs is quoted in that article as saying, “Our new voting system, including new Poll Pads, are our most secure system to date.” The article notes that “the iPads will be provided by a company called KnowInk, which is working with Dominion Voting Systems to install the new voting technology statewide.” More here.

The consent decree is here. 

Now here is where it gets more interesting. The man who oversees Georgia’s voting system, Gabriel Sterling, negotiated a $200,000 per year contract for himself last year, quit his state government job and has worked as an independent contractor ever since.Under the arrangement, Sterling’s pay increased from his $114,000 government salary since November 2019, when he took on the role of project manager for the purchase and rollout of the state’s new voting equipment. State election officials say as a contractor, the government didn’t have to pay benefits, such as health insurance.

Sterling, a lifelong Republican, even drew praise from Democrats for his comments, and he received flowers and handwritten notes from voters across the country.

But his independent status prompted questions from state legislators and critics who have asked why oversight of the state’s voting machines is being managed outside Republican Secretary of State Brad Raffensperger’s payroll.

Just a month before the November general election, there was a panel discussion, hosted by Gab Sterling on Georgia voting rights and elections. Really? Yes and imagine the panel roster…..Vasu Abhiraman, an ACLU of Georgia policy counsel; Josh Belinfante, an attorney specializing in election law at the Robbins Law Firm; and Gabriel Sterling, the voting system implementation manager for Georgia Secretary of State and a former member of the Sandy Springs City Council. The discussion, called “Fair Voting: Make It Count,” as part of its “Live Learn Lead” series.

Oh, did you know that Georgia Secretary of State Raffensperger formed an election task force? Yup, the task force met weekly until the end of the year to “further the discussion on the election this Fall and to address the challenges in election administration.” Called, the Safe, Secure and Accessible Elections task force had bipartisanship and included figures such as Amb. Andrew Young, Georgia state NAACP President Rev. James Wooddall, and Carter Center CEO Paige Alexander. And, other members of the task force included Republican former U.S. Rep. Lynn Westmoreland, ACLU of Georgia counsel Vasu Abhiraman, Georgia Chamber of Commerce President and CEO Chris Clark, Georgia Tech professor Angelos Keromytis, MIT professor Charles Stewart, Center for Election and Innovation Research Founder and Executive Director David Becker, Jake Evans, the chairman of the Georgia chapter of the Republican National Lawyers Association, Bartow County Elections Supervisor Joseph Kirk, DeKalb County Director of Voter Registration and Elections Erica Hamilton, Cobb County Director of Elections and Registration Janine Eveler, Fulton County Elections Director Rick Barron, Monica Childers of VotingWorks, as well as Sec. Raffensperger and Deputy Secretary of State Jordan Fuchs.

“Our teams are keeping Georgia voters the focal point of all of our elections,” Raffensperger said in a statement. “I am grateful that these leaders, from various professional and ideological backgrounds, are coming together to help meet that goal; not just for this election, or the next, but for elections in years to come. Improving the integrity of our elections and increasing voter confidence in their outcomes is vital.”

Thoughts?

 

VP Biden Briefed on Burisma and Zlochevsky in 2015

JTN: Vice President Joe Biden’s office was warned in 2015 that the Obama State Department believed the Ukrainian gas oligarch whose firm hired Hunter Biden was corrupt and that some of the evidence supporting that conclusion had been gathered by the U.S. Justice Department, newly released diplomatic memos show.

Then-U.S. Ambassador Geoffrey Pyatt in Kiev alerted Biden’s top advisers to the concerns about Burisma Holdings founder Mykola Zlochevsky shortly before the vice president visited with Ukrainian officials in December 2015.

“I assume all have the DoJ background on Zlochevsky,” Pyatt wrote in an email to top Biden advisers in the White House. “The short unclas version (in non lawyer language) is that US and UK were cooperating on a case to seize his corrupt assets overseas (which had passed through the US).”

Pyatt added that the asset forfeiture case “fell apart” when individuals in the Ukrainian prosecutor general’s office “acted to thwart the UK case.”

The memos were released last week by Senate committees investigating Hunter Biden’s global business dealings.

By the time Pyatt had written the email, one of his deputies in the Kiev embassy, George Kent, had already alerted the FBI that State officials believed Ukrainian prosecutors had been paid a $7 million bribe to thwart the asset forfeiture case. Kent recounted his efforts in an email to a fellow ambassador a year later.

A year later, Pyatt’s successor as U.S. ambassador to Ukraine, Marie Yovanovitch, wrote her superiors in Washington that the American embassy believed Burisma had paid another bribe in the form of cheap gas to get Ukrainian prosecutors to drop remaining cases against the gas firm.

***Zlochevski photo.jpg

In 2014, Britain’s Prime Minister and the U.S. Attorney General, Eric Holder know more than they are telling with regard to Ukraine, Biden and Burisma.

.Theresa May and US attorney general Eric Holder (left) at the Ukraine Forum on Asset Recovery in 2014. Theresa May and US attorney general Eric Holder (left) at the Ukraine Forum on Asset Recovery in 2014. Photograph: Getty Images

Per the Congressional Record:

On April 16, 2014, Vice President Biden met with his son's business 
partner, Devon Archer, at the White House. That is kind of a big deal--
anybody meeting with the Vice President at the White House. Hunter 
Biden's business partner got to do that.
  Five days later, Vice President Biden visited Ukraine. The media 
described him as the public face of the administration's handling of 
Ukraine. The next day, April 22, Archer joined the board of Burisma.
  Again, Burisma is this company that is owned by what George Kent from 
the State Department called an ``odious oligarch,'' Mykola Zlochevsky. 
It is hard to say Ukrainian names
Six days later, after Archer joined the board, British officials 
seized $23 million from the London bank accounts of Burisma's owner, 
Mykola Zlochevsky. Fifteen days later, on May 13, Hunter Biden joined 
the board of Burisma. And over the course of the next, approximately, 4 
to 5 years, Hunter and his firms were paid more than $3 million for his 
and Archer's board participation.
  Again, Ukraine had just gone through a revolution. Their leadership 
was desperate for U.S. support. We all have to believe that Mr. 
Zlochevsky, an odious oligarch, would have made those Ukrainian 
officials well aware of the fact that the son of the Vice President of 
the United States, the public face of the administration's handling of 
Ukraine, was sitting on his board.
  So what kind of signal did that send to Ukrainians who were trying to 
stand up and were being pressured by U.S. officials to rid their 
country of corruption? It basically said: If you want U.S. support, 
don't touch Burisma
  The fact is, when all was said and done, Burisma and Mykola 
Zlochevsky were never held to account. The investigation, the 
prosecution of him was ceased. It never occurred.
  In terms of Russian disinformation, these false charges, these wild 
claims against me and Senator Grassley--I was way ahead of the curve 
when it came to Russian disinformation. Back in 2015, as chairman of 
the European Subcommittee of the Senate Foreign Relations Committee, I 
held three hearings focusing on what Russia does to destabilize the 
politics in countries--an attempted coup in Montenegro and other places 
in Eastern Europe. So I am well aware of what Russia is doing--well 
aware. I don't condone it. I condemn it. I am not having any part of 
pushing it
“Hi Andrii! I’m doing ok. Yes, definitely got some rest over the weekend. How about you?” Zentos wrote April 4, 2016 to Telizhenko from her official White House email account. “Survive the visit ok? Also, should we still plan for coffee this week? Maybe Wednesday or Friday? Hope all is well! Liz.” A month earlier, a planned beer outing with Zentos got changed. “Would you be up for doing coffee instead of beer though? I’m realizing that if I drink beer at 3 p.m., I will probably fall asleep while attempting to work afterward,” Zentos wrote. Zentos and Telizhenko also discussed the sensitive case of Burisma and its founder, Mykola Zlochevsky, in a July 2016 email exchange with the subject line “Re: Z,” the shorthand Telizhenko used to refer to the Burisma founder. Their email exchange did not mention Hunter Biden’s role in the company but showed the Obama White House had interest in the business dealings of Hunter Biden’s boss. “Hi Liz, Yes, It would be great to meet, tomorrow whatever works best for you 12:30pm or 6pm–I am ready,” Telizhenko wrote the NSC staffer, adding a smiley face. Zentos eventually replied when he suggested a restaurant: “Ooh, that would be wonderful–thanks so much!” Attached to Telizhenko’s email was an org chart showing the structure of some foreign companies that had been connected at one point to Zlochevsky‘s business empire. The memos show Zentos first befriended Telizhenko when she worked at the U.S. embassy as far back as 2014. The memos show that officials at the Obama Justice Department, the NSC, and the State Department enlisted Telizhenko for similarly sensitive diplomatic matters dating to 2013 including: Arranging for senior members of the Ukraine Prosecutor General’s Office to travel to Washington in January 2016 to meet with NSC, State, DOJ and FBI officials to discuss ongoing corruption cases. At the time, the Ukraine prosecutors had an escalating corruption probe of Burisma, where Hunter Biden served on the board. Within weeks of the Washington meeting, Vice President Joe Biden had pressured Ukraine’s president Petro Poroshenko to fire the lead prosecutor, Viktor Shakin. Securing a meeting in February 2015 at the U.S. embassy in Kiev with a deputy Ukrainian prosecutor whom U.S. officials wanted to confront about a bribe allegedly paid by Burisma. Facilitating a draft statement in November 2013 from members of the Ukrainian parliament to President Obama denouncing then-Ukrainian President Viktor Yanukovych, whom the Obama administration would help oust from power a few weeks later. “We, people of Ukraine, appeal to you with request to support Ukrainian people in their standing for freedom, justice and democracy,” the November 2013 draft statement from Telizhenko to the U.S. embassy in Kiev read. “The President of Ukraine Viktor Yanukovych proved that he is not the guarantor of constitutional rights and freedoms of citizens, freedom of choice and right for free expression.” The draft statement was fielded by a military attache at the U.S. embassy who urged Telizhenko to get it to the embassy’s political section for consideration. “The ambassador has not shared with me what the position of the US government would be on such a statement, other than his message yesterday morning,” the attache wrote. “. . . I’m sure once you pass this statement to Ambassador Pyatt’s political section, they will render a timely response.” Photos taken by U.S. and Ukrainian government photographers show Telizhenko facilitated meetings between 2014 and 2016 with key lawmakers in Washington, including Democrat Reps. Engel and Marcy Kaptur and then-GOP Sen. Bob Corker, as well as other U.S. agencies. And the emails show U.S. embassy officials in Kiev routinely sought advice and insights from Telizhenko about happenings inside the Ukrainian government. “Andriy, we have heard that there may be a briefing today. Do you know the specifics?” embassy political officer Stephen Page asked in a January 2014 email.

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This reads like a Hollywood spy script, but for context and a time-line go here.