In the ongoing "saga" of the Democrat's impeachment "inquiry" in the House of Representatives, the asserted "grounds for impeachment" boil down to 2 issues. Did President Trump threaten, extort, or in any way coerce the Ukrainian President by withholding U.S. military aid unless President Zelinsky "did him a favor"? If so, exactly what was that favor?
The Democrats and their allies in the mainstream media continually misrepresent what was said in that phone call, asserting that the "favor" was to investigate Joe Biden, to "dig up dirt" on Trump's political opponent in the 2020 campaign. But, a review of the transcript of the call clearly shows that the favor was aimed at investigating Ukraine's possible interference in the 2016 election. From page 3 of the transcript:
However, his lack of knowledge was reinforced by former U.S. envoy Kurt Volker's opening statement to the House Intelligence Committee:
In 1965, the United Nations unanimously adopted Resolution 2331, Declaration on the Inadmissibility of Intervention and Interference in the Domestic Affairs of States. Of particular note are the following paragraphs of resolution 2131:
“1. No State has the right to intervene, directly or indirectly, for any reason whatever, in the internal or external affairs of any State. Consequently, armed intervention and all other forms of interference or attempted threats against the personality of the State or against its political, economic and cultural elements, are condemned.
2. No State may use or encourage the use of economic, political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights or to secure from it advantages of any kind."
This non-intervention rule is a principle of international law that restricts the ability of outside nations to interfere with the internal affairs of another nation. At its core, the principle is a corollary to the right of territorial sovereignty possessed by each nation.
Title 22 of the United States Code outlines the role of foreign relations and intercourse in the United States. Chapter 52 of the Code restricts the actions of Foreign Service personnel with regard to other sovereign nations:
§3904. Functions of Service
Members of the Service shall, under the direction of the Secretary—
(1) represent the interests of the United States in relation to foreign countries and international organizations, and perform the functions relevant to their appointments and assignments, including (as appropriate) functions under the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations, other international agreements to which the United States is a party, the laws of the United States, and orders, regulations, and directives issued pursuant to law;
The Vienna Convention on Diplomatic Relations mentioned was enacted in 1961. The United States is a signatory to that Convention. Article 41 states:
1.Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.
It could be argued that Joe Biden, even though Vice President at the time, violated not only Title 22 USC, but also both United Nations Resolution 2331 and the Vienna Convention on Diplomatic Relations when he interfered with the internal affairs of Ukraine by coercing that sovereign nation to fire its Chief Prosecutor, the equivalent to our Attorney General. There is no statute of limitations for such a violation.
In 1999, President Bill Clinton signed, and the Senate ratified, the Treaty with Ukraine on Mutual Legal Assistance in Criminal Matters.
The Democrats and their allies in the mainstream media continually misrepresent what was said in that phone call, asserting that the "favor" was to investigate Joe Biden, to "dig up dirt" on Trump's political opponent in the 2020 campaign. But, a review of the transcript of the call clearly shows that the favor was aimed at investigating Ukraine's possible interference in the 2016 election. From page 3 of the transcript:
President Zelinsky's immediate reply indicates that he understood exactly what Trump was asking for and, at this point in the conversation, Joe Biden had not been mentioned. But, note that it is Zelinsky, not Trump, who first mentions Rudy Giuliani:
Biden's name comes up in the next section of the conversation:
What this boils down to is a matter of perspective and interpretation. In order for there to have been a "quid pro quo", the person being pressured, or extorted, or blackmailed would have to know what the "quid" was in order for there to be a "quo". According to President Zelinsky himself, he stated that he did not feel pressured in any way and, in any event, wasn't even aware that the military aid was being delayed. Of course, he could be lying in order to curry favor with the U.S.
However, his lack of knowledge was reinforced by former U.S. envoy Kurt Volker's opening statement to the House Intelligence Committee:
As events unfolded, the aid was released in September without Ukraine having investigated anything.
What seems to have everyone in a tizzy is even the mention of the Bidens. The entire focus of the Democrats and the media is that Joe Biden is seeking the Democratic nomination for President. Therefore, Trump is accused of seeking "foreign interference" in the 2020 election. But, what if Joe Biden is actually a criminal and Trump is entirely justified in seeking to bring him to justice? Does an alleged criminal get a "free pass" from investigation and prosecution just by deciding to run for President?
Those who've been following this story since it broke are no doubt aware of Biden's boast that he withheld aid in order to get a Ukrainian prosecutor fired. What no one has mentioned is that Biden's actions violated international law.
In 1965, the United Nations unanimously adopted Resolution 2331, Declaration on the Inadmissibility of Intervention and Interference in the Domestic Affairs of States. Of particular note are the following paragraphs of resolution 2131:
“1. No State has the right to intervene, directly or indirectly, for any reason whatever, in the internal or external affairs of any State. Consequently, armed intervention and all other forms of interference or attempted threats against the personality of the State or against its political, economic and cultural elements, are condemned.
2. No State may use or encourage the use of economic, political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights or to secure from it advantages of any kind."
This non-intervention rule is a principle of international law that restricts the ability of outside nations to interfere with the internal affairs of another nation. At its core, the principle is a corollary to the right of territorial sovereignty possessed by each nation.
Title 22 of the United States Code outlines the role of foreign relations and intercourse in the United States. Chapter 52 of the Code restricts the actions of Foreign Service personnel with regard to other sovereign nations:
§3904. Functions of Service
Members of the Service shall, under the direction of the Secretary—
(1) represent the interests of the United States in relation to foreign countries and international organizations, and perform the functions relevant to their appointments and assignments, including (as appropriate) functions under the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations, other international agreements to which the United States is a party, the laws of the United States, and orders, regulations, and directives issued pursuant to law;
The Vienna Convention on Diplomatic Relations mentioned was enacted in 1961. The United States is a signatory to that Convention. Article 41 states:
1.Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.
It could be argued that Joe Biden, even though Vice President at the time, violated not only Title 22 USC, but also both United Nations Resolution 2331 and the Vienna Convention on Diplomatic Relations when he interfered with the internal affairs of Ukraine by coercing that sovereign nation to fire its Chief Prosecutor, the equivalent to our Attorney General. There is no statute of limitations for such a violation.
In 1999, President Bill Clinton signed, and the Senate ratified, the Treaty with Ukraine on Mutual Legal Assistance in Criminal Matters.
Article 1 of this Treaty outlines the Scope of Assistance that will be provided:
Under the terms of this treaty, President Trump had every right to request President Zelinsky's assistance in investigating Joe Biden's possible violation of title 22 USC. Biden doesn't get a "pass" just because he decided to run for President.
