The Republican Contention that they have an "Anti-case" exonerating the White House is now shown to definitely not exist. The Democrats contend for their case via the Articles of Impeachment.
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Republicans in Congress, with White House support, have said the Democrats’ criticisms are unjustified, citing multiple reasons: Ukraine, they say, did not even know the aid was being withheld until it was reported publicly by Politico about five weeks after the holdup began – making the delay virtually irrelevant to any actions by Ukraine’s government. Trump was only concerned, they say, about limiting corruption in Ukraine.
They also have said that the pause wasn’t extraordinary: “It is not unusual for U.S. foreign assistance to become delayed,” said a House Republican staff report released on Dec. 2. The provision of aid to Lebanon was delayed in the fall of this year, for example, after the president there resigned, their report noted. Aid to Afghanistan was delayed in September due to corruption concerns. During the summer, aid to Central America was reprogrammed to compel governments there to curtail the flow of their migrants to the United States. And in 2017, aid to Egypt was frozen over human rights concerns.
But all the aid interruptions cited by the Republicans were publicly announced and reported to Congress, as the Impoundment Act requires. The holdup in the Ukraine aid, in contrast, was kept quiet. When Sandy was asked during his testimony if he had ever previously issued orders like those used to stop the flow of aid to Ukraine, he replied, “I don’t recall an example just like this.” It was, he emphasized, a unique event.
Trump, moreover, didn’t raise the issue of Ukraine corruption with Zelensky in two phone calls, one on the day of Zelensky’s election, with the second on July 25 – despite having been urged to do so in advance by his own aides. And the Pentagon had no overarching concerns about the magnitude of corruption or the path on which Zelensky had put the country, according to Cooper’s testimony. A top Pentagon official, policy chief John Rood, had previously certified in a May 23 letter to Congress that Ukraine “has taken substantial actions … for the purposes of decreasing corruption [and] increasing accountability.” He said, “There remain areas that require significant attention,” but stated that Ukraine has met all conditions for the remaining U.S. aid to be provided.
Cooper said that at the interagency meeting of so-called “deputies” or high-ranking officials from around the government on July 26, “all I had to go on was that the President is concerned about corruption in Ukraine and somehow therefore we were holding security assistance. So the conversation at the deputies, a lot of the members were saying, you know, corruption, yes, it’s been an issue. Yes, it’s a concern. Yes, there’s a long way to go, but we’re on the right path, you know, we can move forward. So it felt Iike a conversation where people were trying to explain how corruption shouldn’t be a concern.”
After the Government Accountability Office announced it was auditing the potential mishandling of the funds, OMB general counsel Mark Paoletta, a former legal adviser to Vice President Mike Pence, asserted in a Dec. 9 legal opinion that the holdup was not a policy “deferral,” which would have been illegal, but merely a “programmatic delay” to examine if the funds were going to be used effectively. “It was OMB’s understanding that a brief period was needed, prior to the funds expiring, to engage in a policy process regarding those funds,” Paoletta said without further explanation.
But Cooper, in her testimony, said that while the issue of continuing corruption in Ukraine was mentioned at several interagency meetings during the funding pause, the conversation didn’t amount to a new review of the topic. And one of the largely-redacted Defense Department documents provided on Dec. 12 to Public Integrity at the insistence of a federal judge hints at a sharp disagreement about the propriety of the aid holdup between one of her colleagues, Pentagon comptroller Elaine McCusker, and Duffey at OMB. “Seems like we continue to talk past each other a bit,” McCusker said in an email on Aug. 20.
[B]Sam Berger, a lawyer who was a senior counselor and policy adviser at OMB from 2010 to 2015 before becoming a White House adviser to President Obama, [URL='https://www.justsecurity.org/67738/federal-criminal-offenses-and-the-impeachment-of-donald-j-trump/']says[/URL] that in his view, Trump’s holdup of the funding “constituted an illegal impoundment” and that none of the administration’s claims about it “pass legal muster.” A former assistant attorney general and special counsel to the Defense Department, Jack Goldsmith, said in an Oct. 16 article in a blog called Lawfare that he, too, believes that despite some uncertainty, the 55-day long aid holdup appeared to be in “contravention” of the Impoundment Act, which limits any deferral to 45 days and otherwise requires congressional approval. No such approval was ever granted.
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"Crow, James Crow: Shaken, Not Stirrred!"
(If Moses was actually skilled in the Subjugation Arts of Egypt, (Acts 7), How is Subjugation arithmetic attributed to a deity, (Deut. 23: 19-20)--unless maybe Pharaoh(?)--a maybe larger issue(?)!)