Trump Has No Lawful Basis, (Per Treaty With Ukraine): To Make A Valid Request For A Political Favor

Discussion in 'Politics' started by mascale, Dec 15, 2019.

  1. mascale
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    mascale VIP Member

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    There is a "Treaty Between the United States of America and Ukraine on Mutual Legal Assistance in Criminal Matters." That becomes an actual problem for Senate Republicans in the Trial and Expulsion of Donald John(?) Trump from the Office of President of the United States.

    Problem 1: There was no identifiable charge of criminal activity in the matter of the Bidens, or the server, in either Ukraine or the United States--related to the requested "Favor," July 25, 2019.

    Problem 2: The requested "Favor" was even a surprise to the gang of RNC thugs on the phone call. It did not originate of policy, Executive Branch inference: And most especially no warrant or report of intent to seek a criminal warrant.

    Problem 3: Neither White House nor specified Central Authority created a written request within 10 days of the request.

    So Problem: There is nothing to show and tell.

    So a link is below

    https://www.congress.gov/106/cdoc/tdoc16/CDOC-106tdoc16.pdf

    What is covered is in Article 1, the summary copied and pasted below. RNC is only correct to show that mutual legal assistance treaties are widely known about. Sentence One immediately shows the immediate problem. There is no suspicion, warrant, or charge of a criminal matter in contentions of the requested "Favor."
    _______________________________
    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.

    The magical "us" in the phone call paraphrase is only and specifically Trump wrapping himself in the flag, aka, TRUMP IS NO DIFFERENT FROM NIXON!
    _______________________________________

    So the summary of the treaty, applicable to the post, is below. Trump is not the designated Central Authority and further completely by-passed the non-partisan procedures in the treaty. The operating "us" is the Private Citizen Trump, in the context of "Wrapping Himself Up In The Flag!" for personal gain, not in any official capacity. The Official procedures are still being by-passed, even last week. Ten days is long since over,.
    ______________________________________________

    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 VI 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 Requested State 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 VII 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.
    _____________________________
    Since the White House has not acted in the official Time Frame: Then the Impeachment Articles are to be set in motion, with all due speed--and clearly with public scrutiny!

    "Crow, James Crow: Shaken, Not Stirred!"
    (First off: Actually Pharaoh was a tyrant, and the Arts of Egypt referenced in Acts 7 were Tyranny and Subjugation!)
     
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    Last edited: Dec 15, 2019
  2. fncceo
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    fncceo Gold Member

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    You can nail your treatise to the doors of Congress after President Trump is re-elected.

    Just watch out for security.

    [​IMG]
     
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  3. kyzr
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    kyzr Gold Member

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    Rudy and AG Barr have that all taken care of, thanks for your concern.
     
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  4. Dick Foster
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    Dick Foster Gold Member

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    Talk to yourself much, shitforbrains?
     
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  5. Thunk
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    Thunk Gold Member

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    No suspicion???

    Try this on for size...



    Biden at the CFR...6 hours to fire the prosecutor or you're not getting the billion dollars
     
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  6. mascale
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    mascale VIP Member

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    There remain no official investigations, warrants, public suspicions, or records of anything other than payments to the Hunter Biden partnership investment firm. Burisma's appointment of Hunter Biden more likely had to do with Hunter Biden's investment firm, in fact, than any expertise in the Natural Gas Business. Explorations of Investment Sources, and even gas or none(?): are known to happen. They are generally regarded, free market business practice.

    That the Hunter Biden partnership is in an INVESTMENT FIRM is rarely put into Conservative Hit Pieces. There are such firms as investment firms all over.

    The only "suspicion" is in fact attributed to an article in "The Hill," April 1, 2019--of all dates. The author is named John Solomon. There is a conclusion based on unnamed sources--a journalist privilege, but not a basis of an indictment, warrant, or charge--(aka, so easily not a suspicion, and just an uninformed opinion): That Vice President Biden "Had to know" about an UNANNOUNCED PLAN of the ousted Justice Minister, Shokin, to initiate a Burisma Investigation--(not so-stated), because, (not so-stated), surely the Vice President of the United States was concerning himself ONLY, (not so-stated), with the daily work minutes of tens of thousands--and maybe even millions--of low-level staff in various agencies: Worldwide(?).

    The Vice President--anyone infers--is that prodigious a Speed Reader(?)?????!
    Anyone else knows that to not be case for anyone.

    Clearly, No President of the United States would have any special knowledge, either--sufficient to pursue the lawful channels of the Treaty. There is no record of a charge or allegation of a suspicion.

    The article in "The Hill," in fact specifically alludes to a presumption of innocence--easily inferred being basis-free of any specific facts.

    "Crow, James Crow; Shaken, Not Stirred!'
    (Deut. 23:19-20 exists!)
     
  7. Oddball
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    Oddball Unobtanium Member Supporting Member

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    tl;dr

    Your claim that Trump was asking for a political favor is speculation and inference, without a single shred of supporting evidence.
     
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  8. mascale
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    mascale VIP Member

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    The paraphrase of the "Favor" request is evidence-adequate of a request for a "Favor(?)." If the request is for a favor from "us," USA: Then evidence from the international accord and procedures must be readily available, and already presented. The actual real-time evidence is that there is none, and none presented. Then, in fact, the actual transcript of the call was not made available: Actual Obstruction of Congress, in real-time.

    Easily an open and shut matter of Expulsion from the Office of President of the United States!

    As opposed to Mick Mulvaney's famous comment: "Get used to it!"

    "Crow, James Crow; Shaken, Not Stirred!'
    (The Moses Atrocity wouldn't come to light for another 1500 years, give or take: Matthew 25:14-30, Catholic or KJV editions!)
     
  9. lantern2814
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    lantern2814 Gold Member

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    And still no evidence and no impeachable offense.
     
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  10. mascale
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    mascale VIP Member

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    The "us" is a personal favor, unrelated to "us" USA. The private interest creation is specifically unlawful in the Treaty--as not a national interest lawful and binding on the parties to the agreement. The evidence--privileged in real-time to only 25 goons and thugs--is gangland illegal.

    "Crow, James Crow: Shaken, Not Stirred!
    (Maybe 1500 years is just a gap in some recording(?)--not evidence of anything(?). . .another famous defense employed by RNC--Nixon!)
     
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