The IC Whistleblower and Impeachment: Notes and Links

Timeline of events related to the Ukraine-investigation

  • Wendy Cai et al., “Trump’s Efforts to Push Ukraine Toward a Biden Inquiry: A Timeline.” New York Times (dated Sep. 26, 2019; printed on Sunday the 29th).

White House talking points

  • In initial defense against the whistleblower claims, the White House accidentally broadcast this memo of talking points intended for Republican members of Congress but accidentally emailed to all members

Text messages among U.S. ambassadors re: Ukraine:

The Crowdstrike-Ukraine conspiracy theory

Elements of the Crowdstrike-Ukraine theory:

  • The company with which DNC contracted to investigate its computer security program is Ukraine-based (false) or Ukrainian-owned (no evidence)
  • A Ukrainian legislator provided to westerners the ledger from the Yanukovych administration showing illicit payments of state funds to Manafort (true); it was a fabrication (no evidence).
  • It was Ukrainians who actually staged the ransacking of DNC and Clinton campaign emails, making it appear as though Russians were responsible (completely at odds with FBI/NSC/DoJ reports).
  • Evidence of this is to be found on the physical server on which the DNC had kept its emails (nonsensical), which is currently hidden away someplace in Ukraine (evidently not true; it is claimed to be the one on display at DNC headquarters alongside the broken Watergate file cabinet).

The Biden corruption theory

Stephanie Baker and Daryna Krasnolutska, “Timeline in Ukraine Probe Casts Doubt on Giuliani’s Biden Claim.” Bloomberg (posted May 6, 2019)

See also:

The impeachment process

The courts' role in impeachment:   Nixon v. U.S. (1993) -- Federal Judge Walter Nixon went to prison for perjury in the course of an investigation for intervening informally in a state court drug prosecution. He refused to resign, and was impeached by the House. The Senate chose the procedure of having a committee hear evidence and report findings to the full Senate, which (in 1989) convicted. Nixon sued, claiming that the full Senate must conduct the entire trial process. The Court held unanimously that such procedural decisions are not justiciable, based on

  • The Senate impeachment clause (Art. I sec. 3) "The Senate shall have sole power to try any impeachments."
  • The proceedings clause (Art. I sec. 5) "Each House may determine the rules of its proceedings." The opinion notes that use of fact-finding committee in legislative procedures was a common practice at the time of the Framing.
  • The same decision resulted in rejection of a suit by Judge Alcee Hastings, who had been convicted in 1989 by the Senate and had appealed on the grounds that he was acquitted in criminal court.

A procedural timeline (so far):

Jul 26 Nadler, announcing lawsuit to obtain grand jury material from DoJ, says Judiciary Cmte is pursuing a de facto impeachment inquiry

Aug 8 Nadler says “This is formal impeachment proceedings”

Sep 13 Schiff subpoenas Maguire to obtain whistleblower report
Sep 18 Schiff letter to DNI

Sep 22 In press conf at UN, Trump admits speaking with Zelensky specifically about Biden

Sep 24 Following a caucus of House Democrats, Pelosi announces that an impeachment inquiry is officially underway

Sep 26 Release of complaint; Maguire testimony

Oct 8 White House cancels Sondland testimony; WH Counsel writes letter to Speaker and House Committee Chairs calling impeachment inquiry illegitimate.