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“DESTROYING THE IMPEACHMENT HOAX”
Researched and written by Ren Jander, J.D., ©2019
First, a brief introduction: I am a retired attorney and research fanatic. I know how to read and explain complicated statutes. And I’ve broken some big stories; clearing President Trump’s father’s name of the KKK smear, and exposing Jill Stein’s fraudulent recount efforts in the state of Pennsylvania.
That being said, I too fell for the illusion. Not that I believed Trump had done anything impeachable. I simply believed the accepted fact pattern that POTUS withheld $400 million in Ukraine aid until September 11, 2019, and that he had the power to cancel these funds. But these are not facts. They are fiction.
THE FUNDS NEVER STOPPED FLOWING TO UKRAINE OR WERE EVER IN DANGER OF BEING CANCELED.
$125 million — half of the infamous $250 million granted by federal statute for Ukraine security assistance — was released for Ukraine use by July 31, 2019. This was known as “Tranche 1”. The other $125 million was known as “Tranche 2”, and only $125 million of that part of Ukraine aid was not released until September 12, 2019. Furthermore, all of the $141.5 million in Department of State funds were released for Ukraine obligations by August 9, 2019, not September 11th as the media has misled you to believe.
You didn’t know that, did you? You must doubt what you just read. Don’t. It’s true. I will produce the evidence below, but first understand why this is so important in destroying the impeachment hoax. The reason there never could be a quid pro quo regarding Ukraine aid is that the money in question continually flowed to Ukraine throughout 2019. It never came to a screeching halt. This is why Ukraine’s President Zelensky wasn’t aware of any aid being held up. It was delivered right on schedule, never in any legal danger of being cut. This inconvenient fact was a huge impediment to the impeachment illusion, so they sprinkled fairy dust over your eyes to conceal it.
Exhibit 1: LETTER TO CONGRESS FROM DOD, MAY 23, 2019.
Before the Ukraine security assistance funds could be released, federal law required Ukraine to prove they were executing internal measures required by U.S. statutes. These measures were reviewed by DOD official, John C. Rood, in two letters to Congress, on Feb. 28, 2019, and May 23, 2019. In the May 23rd letter, he provided the certification required by law necessary for the second $125 million (Tranche 2) to be released:
“On behalf of the Secretary of Defense, and in coordination with the Secretary of State, I have certified that the Government of Ukraine has taken substantial actions to make defense institutional reforms for the purposes of decreasing corruption…Furthermore, now that this defense institutional reform has occurred, we will use the authority provided by section 1250 of the National Defense Authorization Act (NOAA) for Fiscal Year 2016 (Public Law 114–92), as amended most recently by section 1246 of the John S. McCain NDAA for Fiscal Year 2019 (Public Law 115–232), to support programs in Ukraine further. Implementation of this further support will begin no sooner than 15 days following this notification.”
Notice the word “further”. Now read this next part:
“[T]he overall cost will not exceed $125 million, and the quantity of items will remain consistent with the stated nature and scope of the program.”
Notice that the amount listed is not $250 million, but rather $125 million. Now let’s go to the first table included with Rood’s letter:
“Ukraine Security Assistance Initiative Notification Summary Table In Accordance with Section 9013 of the Department of Defense Appropriations Act, 2019, and Section 1250 of the National Defense Authorization Act for 2016, as Amended (Tranche 2, $125 Million)”
Notice the designation “Tranche 2”. Then the letter goes on to list exactly how the next $125 million will be spent. You should now be asking, “What happened to Tranche 1?” The first $125 million was released for Ukraine obligations by July 31, 2019. It was not held back, canceled or used for extortion. It was paid in full.
EXHIBIT 2: AP SNEAKS $125 MIL OUT WHILE HIDING IT IN PLAIN SITE.
This is the first line of a story published by the Associated Press on Sept. 27, 2019 that discussed John Rood’s May 23rd letter to Congress:
“President Donald Trump has said he withheld nearly $400 million in military aid from Ukraine because of corruption in the country…”
Now look at the end of this same AP story:
“Rood, in his letter…notified Congress in February that the Pentagon was going ahead with the first $125 million in security assistance. By law, certification of Ukraine’s progress against corruption and in defense reforms was required before the second $125 million in aid could be provided.”
You see how they did that? In the first paragraph, the AP magicians report that Trump “said” he withheld $400 million. They do not say that he actually did withhold $400 million. Then in the last paragraph they indicate that $125 million of the funds was already used up. How could $400 million be held back if $125 was already released? That’s the trick, the illusion. Half of it was handed over for Ukraine by July 31, 2019.
Rood was not stopped from “going ahead with the first $125 million”. If he had been stopped, his letter to Congress would’ve indicated they were going to spend $250 million going forward. The NDAA statute requiring certification of Ukraine reforms only required half of the $250 million to be held back pending certification, not all of it.
EXHIBIT 3: SECURITYASSISTANCE.ORG FACT SHEET, July 2019
“Security Assistance Monitor documents all publicly accessible information on U.S. security and defense assistance programs throughout the world, including arms sales, military and police aid, training programs, exercises, exchanges, bases and deployments.”
They have a publication called “In Focus”, and their July 2019 edition includes a fact sheet and chart giving a “Snapshot of the Defense Assistance Provided to Ukraine in FY 2019”. It lists:“$53,300,000 Lethal Equipment and Counter-Artillery Radars; $5,000,000 Air Force; $13,000,000, Land Forces and Special Operations Forces; $29,000,000; Navy and Naval Infantry $24,700,000; Ministry of Defense — Other”.
Then it gives the total as $125,000,000. Note above the word “Provided”, past tense, already happened by July 2019.
Below that monetary break down it also states:
“The $125 million in aid listed above is only half of the DoD’s intended $250 million in security aid for FY19.”
Regarding another program of aid for Ukraine regarding USC 10 Section 333, “Building Partner Capacity”, Securityassistance.org provides a summary from Congress, released on July 31, 2019 that details approximately $13 million already used for Ukraine weapons this year.
So, we started the impeachment illusion with a total of $391.5 million ($250 for million for security and $141.5 million for State Dept. programs) supposedly held up by Trump for extortion. Cut that down to $266.5 million now, and keep in mind the difference was flowing to Ukraine the whole time. This changes everything we’ve been told.
EXHIBIT 4: ROLL CALL REPORT FROM OCT. 29, 2019
On October 29, 2019, Roll Call reporter John Krawzak published a report with the headline, “How the OMB used its powers to delay Ukraine aid.” This report has the most accurate timeline, and if you read it carefully, it utterly destroys the official impeachment illusion timeline. But you have to parse out the fairy dust to catch the truth. Skip to the bullet points of “Key Events” at the end of the report:
“Aug. 3: Duffey signs his first apportionment, a separate process that freezes 10 State Department and U.S. Agency for International Development accounts. A portion of the Ukraine FMF funds — $26.5 million — is included in the freeze.”
“Aug. 9: The OMB releases the State Department and USAID funds — but not the Ukraine money — “
This informs us that the $141.5 million in State Department funds was released on August 9th. So we can subtract $141.5 million from the remaining $266.5 million and we get down to just $125 million unreleased funds left by August 9th, 2019, a full month before the whistle leaker started this hoax, and only 16 days from the phone call with Zelensky.
“Sept. 11: State notifies Congress the $141.5 million in FMF money for Ukraine is ready to be obligated.”
This Roll Call bullet point appears to contradict the August 9th release, but that’s just fairy dust in your eyes. Once money is released, it takes some time to be obligated, which is a term of art for getting it headed where it needs to go. And where it needs to go is subject to laws of review for appropriated funds. Which brings us to the actual “holds” that were conducted throughout this process.
The Roll Call bullet point timeline erroneously tells us that a verbal hold was placed on the full $391.5 million on July 18th, and that this hold was put on paper July 25th. It also states that the funds were under a “freeze”. An earlier paragraph in the report tells us:
“A subsequent review by top White House officials including then-National Security Adviser John Bolton took longer than expected, and the hold was extended several times, according to the official.”
Notice the word “review”. Now go back to that August 3rd bullet point, “Duffey signs his first apportionment, a separate process that freezes 10 State Department and U.S. Agency for International Development accounts.”
Technically, the freeze was due to “reapportionment” as noted in OMB’s August 3rd letter. But here’s the dirty little secret of the whole shebang, “reapportionment” is a legal process whereby the Ukraine funds could be reapportioned to Ukraine not from Ukraine. This is not “rescission”, which is a cut in funding, nor is it “deferral”, which is taking the funds and holding them in reserve, both of which require special messages to Congress. Such letters were never sent.
Apportionment law is set out in 31 USC 1512:
“The official designated in section 1513 of this title to make apportionments shall apportion an appropriation under paragraph (1) of this subsection as the official considers appropriate. Except as specified by the official, an amount apportioned is available for obligation under the terms of the appropriation on a cumulative basis unless reapportioned.”
Since the “freeze” was placed due to a reapportionment pending review of previously apportioned funds, there was nothing to be alarmed about. The funds were still going to Ukraine, but exactly how they were used by and for Ukraine might change in the reapportionment. For example, instead of buying rifles, they might buy grenades. Instead of training Ukraine for cyber security, they might train for field communications.
This is why the law allows the official in charge leeway to do what he “considers appropriate”. This is not overriding Congress. The Executive Branch is charged by law on how to use those security assistance funds for Ukraine. The freeze in question was never going to cancel the funds to Ukraine. That’s the dirty secret of this hoax.
And the hold (or freeze) came about from a lawfully mandated requirement that demands a review of all “apportionments or reapportionments” at least four times a year. 31 USC 1512(d) states:
“(d) An apportionment or a reapportionment shall be reviewed at least 4 times a year by the official designated in section 1513 of this title to make apportionments.”
Considering that Tranche 2 wasn’t useable at all until no earlier than 15 days after Rood’s May 23rd letter, and that the Roll Call timeline verifies the funds were not fully cleared until July 18th, it appears multiple reviews were still required by law.
POTUS HAD NO ABILITY TO CANCEL UKRAINE FUNDS
POTUS had absolutely no legal authority to cancel funds granted to Ukraine. Therefore, he could not have threatened to withhold any funds in a quid pro quo. Trump had no carrot to dangle. And without the carrot, there could be no threat, no intimidation, no blackmail, no bribery and no extortion. The funds granted by statute could never be unilaterally canceled by the President. Only Congress has the Constitutional authority to cancel those funds. Trump released the funds exactly as was required by law.
Once you understand these points, the veil is removed, and the magic trick is exposed. All of the Ukraine funds were authorized by the 2019 NDAA, prior to appropriation. In H.R. 6157, Congress appropriated $250 million for security assistance, and these funds were required to be handed over to Ukraine by September 30, 2019.
The only way those funds could ever be legally canceled was through the process of “Rescission”. This process is governed by law, and it requires the President to propose cuts to funding, and then if Congress agrees with such cuts, Congress must pass a new bill granting the cuts. If, after 45 days, Congress fails to pass such a bill, rescission cannot happen, and POTUS must obligate the funds according to the previous appropriation.
Obviously, Rescission did not happen. But some of Schiff’s collaborating pundits have tried to impute a thought into Trump’s mind concerning a possible loophole where if POTUS waits until he is within 45 days of September 30th, and Congress fails to act, the funds would be canceled by expiration.
This is fairy fiction for two big reasons. First, Congress would act. Pelosi would vote that down faster than a clown show repeat. Second, Trump already considered Rescission in 2018 for billions of dormant funds. The Dems then asked the Government Accountability Office (GAO) to issue an opinion on whether Trump’s proposed cuts would become law if Congress failed to act before the 45 day window extended beyond the end of the fiscal year, September 30, 2018.
The GAO opinion letter noted an important SCOTUS decision in writing an intensely accurate legal report that clearly proved POTUS could not circumvent the Constitution in this way. So Trump and his staff were already acutely aware that such an end around the Constitution was not possible.
So, when Ambassador Bill Taylor testified yesterday that the Ukraine funds would expire if Trump failed to release them before September 30, 2019, he was absolutely telling the nation a legal fiction, and not just because of the GAO report. There’s another safeguard built into the system. The Comptroller General has authority to hire counsel to bring legal action against any government agency that fails to spend funds they are required to spend.
Federal statute 2 U.S. 687 states:
“If, under this chapter, budget authority is required to be made available for obligation and such budget authority is not made available for obligation, the Comptroller General is hereby expressly empowered, through attorneys of his own selection, to bring a civil action in the United States District Court for the District of Columbia to require such budget authority to be made available for obligation, and such court is hereby expressly empowered to enter in such civil action, against any department, agency, officer, or employee of the United States, any decree, judgment, or order which may be necessary or appropriate to make such budget authority available for obligation.”
Therefore — considering all of the above — the idea that POTUS could unilaterally cancel funds granted to Ukraine is simply a legal fiction. That was never going to happen. And without such power, Trump could not, and did not, threaten to take those funds away from Ukraine. And without that power, POTUS had nothing to bargain with, no carrot to dangle.
Trump released hundreds of millions of funds for Ukraine from 2017, 2018, and 2019 while these reviews were taking place and in March 2019 he requested another $250 million for Ukraine aid in 2020. How all of the above ever led to an official Congressional impeachment inquiry is a disgrace, but also a work of evil illusory genius by Adam Schiff, Nancy Pelosi and fake news friends.
The Democrats are not trying to impeach Trump for threatening to cancel Ukraine aide. They’re trying to impeach the President for being the President. And everyone knows it.
Written and Researched by Ren Jander
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