Constitutional-law attorney’s analysis of the Trump-Zelensky phonecall

Three days ago, on Sept. 25, the White House released the transcript of a controversial July 25, 2019 phone call between President Trump and Ukrainian President Volodymyr Zelensky.

An anonymous Deep State whistleblower claims that in the phonecall, Trump used the $400 million in U.S. military aid to Ukraine to pressure Zelensky to open a probe into possible corruption involving Democratic presidential candidate Joe Biden and his son, Hunter. But the whistleblower had not actually heard the Trump-Zelensky phone conversation, but based his/her accusation on hearsay.

Regardless, House Speaker Nancy Pelosi (D-CA) used the phonecall as the pretext for the House to move to impeach Trump.

The 5-page transcript of the July 25 phonecall confirms Trump’s and Zelenksy’s accounts: Trump made no reference to the $400 million U.S. military aid, nor did he use the aid to coerce Zelensky.

Below is an analysis of the phonecall controversy by a retired U.S. Army officer who is now a licensed attorney in Minnesota and Wisconsin. His practice includes constitutional law issues, and he has significant experience drafting and arguing motions in both State and Federal Court of Appeals.

The legal analysis below is in the form of an email I received from the attorney. I have his consent to publish, but his identity must remain anonymous.

1. It is unquestioned that Biden, as a sitting VP, took his son Hunter (apparently on gov’t transport) to first Ukraine and then China or that, after each visit, Hunter Biden gained significant economic advantages (as in managing a $1.5B fund in the latter case). Hunter Biden has zero experience in East Europe or China, and no experience in either company’s type of opertions. He was a board member, and board members do not necessarily have either of these, but Biden as a lawyer was really only useful to them (from a professional knowledge point of view) WRT US operations and laws pertaining thereto.

2. [Joe Biden] Using government office to gain economic advantage for family members [Hunter Biden] is at least arguably and I assert positively is corrupt under existing statutes.

3. The President is head of the Executive, which carries exclusive power to conduct foreign relations. No other branch of government has this power. (Do not confuse the Senate’s Advise and Consent responsibility for the conduct of foreign affairs – the Senate must advise and consent to completed treaties but has zero role in negotiating those treaties, at least as a matter of law.)

4. The President as Chief Executive is chief law enforcement officer of the USA. As such, he is empowered – I would argue obligated – to investigate corruption, especially at high levels of government.

5. Item #1 constitutes probable cause for an investigation of Biden for corruption.

6. As Executive, the President is the ONLY official authorized to request foreign assistance in a corruption investigation (he may delegate this power).

7. Obtaining foreign cooperation in investigations of corruption by a US official is a matter of statecraft/diplomacy, ie, a function of foreign affairs. No (or very few) rules apply. The President has the sole power here.

8. CONCLUSION: Trump not only is entirely within his powers to use foreign aid as a means to persuade Zelensky to investigate the Biden affair, I believe he was obligated to do so (qv #4).

The fact Trump may obtain – and certainly expected to obtain – political advantage from the investigation is simply irrelevant as a matter of law.

There is also the inconvenient-to-Democrats matter of a treaty between the United States and Ukraine on cooperating to prosecute crimes. See “1998 US-Ukraine treaty on mutual assistance in criminal matters proves it’s another Democrat witch-hunt“.

See also:

~Eowyn

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Kelleigh
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Kelleigh

Love it, and will use this in an article with proper credit

Dan
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Dan

It’s also true that Biden—as well as almost all members of Congress in both parties—do the bidding of US oligarchs who are ethnically connected with the Ukrainian and Russian oligarchs under the Rothschild octopus in a transnational crime syndicate that, for all practical purposes, is the deep state in the US and Europe. Through their control of finance in America they’ve added social media to their de facto control of the msm and with it they now control almost the totality of the public forum and so the formation of men’s attitudes and the outcome of elections. An essay, part… Read more »

William
Member
William

That Bride of Skeletor would use such a flimsy pretext is astonishing in itself. But if not that something else, they just keep coming. And then the “anonymous deep state whistleblower” magically appears, hopping into the hearing room on his invisible nuclear-powered pogo stick, with nothing substantive to add, and then back to his secret undisclosed location. This doesn’t even come up to the level of theater, it’s low farce. Lower than that even

DCG
Admin

Doesn’t matter what the law is…OrangeManBad.

The dems have had it in for President Trump since Day One. Nothing is going to stop them from moving forward with their TDS.

Alma
Member
Alma

I don’t consider myself a brain dead viewer as Dan writes, I just sit and listen and I try to understand and form my opinion. I too come to the conclusion that corruption, more now than before is irreversible. I ask myself are WE THE PEOPLE going to succumb and lose our Nation to the designs of those that want total control rather than see our Nation triumph over adversity? I pray divine intervention to bring conclusion and deflate passions, this is our Land that we most not abandone.

William
Member
William

Alma, I think the country we knew, however imperfect, is gone. That’s just my opinion and that’s not the same as saying all is lost. But it’s up to us going forward to face the reality of our situation and preserve what is worth preserving, and that’s a lot

Dan
Guest
Dan

Alma, I wasn’t thinking of you, or myself for that matter. The point I’ve been trying to make is that Fox News slowly but surely adopts almost every subversive position they have claimed to oppose, to the point one of their main talking heads, Shep Smith, says he’s proud to go home after work to the man he loves. Yuk, right? Some family values. It must matter, too, that the Fox company is bar none the main promoter of sexual degeneracy in children’s TV programming. And the most important point about Fox is its eighteen years of covering up 9/11… Read more »

YouKnowWho
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YouKnowWho

Thanks Dan for your comments. True or not they give one something to think about. I view everything with a skeptical eye. Like Mark Twain said. There are lies, damn lies and statistics. I’m no Mark Twain, but then, neither was he.

Dan
Guest
Dan

YouKnowWho, I hope this isn’t too subtle for you and you catch my meaning when I say resorting to backhanded compliments is indicative of the sort of person who resorts to backhanded compliments.

I don’t know if you’ve ever heard of a philosopher named Schopenhauer, but in his Art of Controversy he lists backhanded compliments as one of the most insulting tactics effeminate weasels resort to.

Alma
Member
Alma

Dan, it is so disappointing but from 1962 to today the United States is not the Nation we used to know, very sad.

Truckjunkie
Guest
Truckjunkie

I just FWD’ed this to several people I know,some of which have questionable thoughts of our President’s motives,and ONE of which is firmly convinced our President is:Racist,Woman-hater,a Liar,a Pedophile,and the absolute WORST President in American History. (This one,I believe is just trying to garner attention,since she really IS a Sovereign-has her own Country ans everythang.She seems to hate everything about America and has,if I understand this correctly, MULTIPLE lawsuits against various factions of Federal,State and Local governments,for violations of her Foreign Immunity Rights and Powers. ) My brain is going to explode now,so I’m gonna go for a ride on… Read more »

txfella
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txfella

Yeah, Nancy really needs to read the constitution again, and pay attention this time.

kjf
Guest
kjf

Typically I do not care what a “conjob” (((lawyer))) says. Lets not forget the Big O is a conjob lawyer also…
Besides this is for show, did anyone see the AG appointee? William Pelham Barr, another swamp dweller. For guy who claimed he was going to drain the swamp it sure is funny how he is surrounding himself with deep staters and Goldman hacks

Alma
Member
Alma

Remember when the infamous Obama Care she, Nasty Nancy, said sign and we will read it later, something like that, now she pushed for impeachment with nothing to go by, that’s her pattern, I just hope that she loses her Speaker of the House title and position, if only by name as is now, but we need to get the House back and have all of them lose every seat they occupy now.

Ann Anderson
Guest
Ann Anderson

If we are to have any Constitution remaining after the double speak power grabbing Democrats are done attempting to destroy all of American culture, rights, freedoms and economy, every voter must vote them out of any office. This requires a fighter as our leader. MAGA

Steve
Guest
Steve
pa l
Guest
pa l

Biden made his criminal bed, with the aid and consent of the corrupt Democrat party. So now they both must lie in it. The fact that Trump, as is his duty, is exposing this corruption, and more, much more, is irrelevant.

Oldone
Guest
Oldone

If I was a member of the Biden/Clinton/Obama Cabal, I would be losing a large amount of sleep over this…There are a bunch crooks in this group, and they may have stewed their own prunes, by screaming for this impeachment, me thinks…Investigations have a nasty habit of turning over ALL the rocks, even the ones that they won’t want peeked under…Don’t wish for something, that may shoot you in the foot…

TrailDust
Admin

Amen. I love it.

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[…] approval or disapproval to spies or other unelected officials in the executive branch.  A constitutional-law attorney’s analysis of the Trump phone call exposes the fraudulence of this entire […]

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[…] review, approval or disapproval to spies or other unelected officials in the executive branch.  A constitutional-law attorney’s analysis of the Trump phone call exposes the fraudulence of this entire […]