by Neal Katyal
A Trump Administration official: Matthew Choi, “‘Let Me Make Something 100% Clear’: FEC Chair Lays down the Law on Foreign Help,” Politico, accessed October 15, 2019, https://politi.co/2IErAiF.
As Cassidy wrote: Cassidy, “Fine Mess for Trump.”
Even President Trump: Caitlin Oprysko, “Trump Goes on Fox to Clean up His Foreign Interference Comments,” Politico, accessed October 15, 2019, https://politico/2WKJzxR.
In 2014, Russia annexed: Caitlin Emma, and Connor O’Brien. “Trump Holds up Ukraine Military Aid Meant to Confront Russia.” Politico, August 28, 2019. https://www.politico.com/story/2019/08/28/trump-ukraine-military-aid-russia-1689531.
In June of 2019: “Portman Announces Senate NDAA Authorizes $300 Million in Security Assistance for Ukraine | Senator Rob Portman,” accessed October 15, 2019, https://www.portman.senate.gov/newsroom/portman-announces-senate-ndaa-authorizes-300-million-security-assistance-ukraine.
Together, the State Department: Gienger, “Timeline.”
At the time: Ephrat Livni: “Trump’s Ukraine Gambit Threatened US National Security,” Quartz, accessed October 15, 2019, https://qz.com/1716182/trumps-ukraine-gambit-threatened-us-national-security/.
“Toward the end”: Stefan Becket, Arden Farhi, Kathryn Watson, “Top diplomat tells lawmakers Ukraine aid was directly tied to investigations,” CBS News, October 23, 2019
In fact, Ambassador Taylor learned: Ibid.
This account is corroborated: Charlie Savage and Josh Williams, “Read the Text Messages Between U.S. and Ukrainian Officials,” New York Times, October 4, 2019, https://www.nytimes.com/interactive/2019/10/04/us/politics/ukraine-text-messages-volker.html/.
As Ambassador Taylor noted: Ibid.
But after weeks of discussions: “Read Trump’s phone conversation with Volodymyr Zelensky,” CNN Politics, September 26, 2019. Accessed 10/23/2019, https://www.cnn.com/2019/09/25/politics/donald-trump-ukraine-transcript-call/index.html/.
The phone call took place on July 25: Ibid.
But after a few civil exchanges: Ibid.
As Congressman Adam Schiff: “‘A Classic Mafia-like Shakedown’: Adam Schiff Reacts to Trump-Ukraine Call,” Axios, accessed October 16, 2019, https://www.axios.com/adam-schiff-ukraine-trump-transcript-impeachment-0afa23fa-b4c9-4c87-ad67-456624df3f3a.html/.
Over the course of mere seconds: “Read Trump’s phone conversation with Volodymyr Zelensky,” CNN Politics.
These shoulder-fired missile systems: Louis Martinez, “What Are Javelin Missiles and Why Did Trump Discuss Them with Ukraine’s President?,” ABC News, September 25, 2019, https://abcnews.go.com/Politics/javelin-missiles-ukraine/story?id=65855233.
President Trump’s response: “Read Trump’s phone conversation with Volodymyr Zelensky,” CNN Politics.
This favor, it turned out: Ibid.
After a quick digression about the Russia investigation: Ibid.
Trump’s claim on the call: Ibid.
Hunter and Joe Biden’s activities: Gienger, “Timeline.”
As Republican senator Ron Johnson said: Alex Ward, “2 Republican Senators Refute Trump’s Ukraine-Biden Conspiracy Theory,” Vox, October 7, 2019, https://www.vox.com/policy-and-politics/2019/10/7/20903398/trump-biden-ukraine-portman-johnson-impeachment.
Nevertheless, when Trump asked Zelensky: “Read Trump’s phone conversation with Volodymyr Zelensky,” CNN Politics.
Trump then confirmed that Attorney General William Barr: Ibid.
In response, Zelensky thanked Trump: Ibid.
This promise to launch an investigation: Ibid.
This second quid pro quo: Karoun Demirjian et al., “Officials’ Texts Reveal Belief That Trump Wanted Probes as Condition of Ukraine Meeting,” Washington Post, October 4, 2019, https://www.washingtonpost.com/world/national-security/this-is-when-the-inquiry-gets-real-former-us-special-envoy-to-ukraine-testifies-in-impeachment-probe-today/2019/10/03/51365c1b-5a01-4e44-872a-299b67949a5e_story.html/.
“I look forward to seeing you in Washington”: “Read Trump’s phone conversation with Volodymyr Zelensky,” CNN Politics.
Why, then, did President Zelensky: Karoun Demirjian et al., “Officials’ Texts Reveal Belief That Trump Wanted Probes as Condition of Ukraine Meeting.”
The day after the phone call: Whistleblower Complaint, 4.
But whatever action: Gienger, “Timeline.”
After all, Congress had already appropriated: Caitlin Emma and Connor O’Brien, “Trump Holds up Ukraine Military Aid Meant to Confront Russia—POLITICO.”
Over the course of the next week: Charlie Savage: “Text Messages Between U.S. and Ukrainian Officials.”
In fact, according to Taylor’s: Stefan Becket, Arden Farhi, Kathryn Watson, “Top diplomat tells lawmakers Ukraine aid was directly tied to investigations,” CBS News, October 23, 2019, https://www.cbsnews.com/news/bill-taylor-opening-statement-read-the-full-text-of-the-top-us-diplomats-statement-to-congress/.
“Everything,” Taylor explained: Stefan Becket, Arden Farhi, Kathryn Watson, “Top diplomat tells lawmakers Ukraine aid was directly tied to investigations,” CBS News, October 23, 2019, https://www.cbsnews.com/news/bill-taylor-opening-statement-read-the-full-text-of-the-top-us-diplomats-statement-to-congress/.
More than two months: Charlie Savage, “Text Messages Between U.S. and Ukrainian Officials.”
When Taylor sent that message: Rebecca Ballhaus and Byron Tau, “Gordon Sondland to Testify He Took Trump’s Denial of Ukraine Quid Pro Quo at His Word—WSJ,” October 13, 2019, https://www.wsj.com/articles/sondland-to-testify-he-took-trumps-denial-of-ukraine-quid-pro-quo-at-his-word-11570933206.
September 9, 2019, Text Messages: “Gordon Sondland Texts,” House of Representatives, accessed October 17, 2019, https://www.documentcloud.org/documents/6451371-Volker-docs.html/.
Sondland had been a hotelier: Deirdre Shesgreen, “Impeachment: Gordon Sondland, Donor-Turned-Diplomat, a Central Player in Ukraine Controversy,” USA Today, accessed October 16, 2019, https://www.usatoday.com/story/news/politics/2019/10/08/who-gordon-sondland-trump-ambassador-to-eu-impeachment-witness-key-player-ukraine/3867905002/.
Moreover, according to the: Nicholas Fandos and Adam Goldman, “Ex-Aide Saw Gordon Sondland as a Potential National Security Risk,” New York Times, October 16, 2019, https://www.nytimes.com/2019/10/16/us/politics/gordon-sondland-intelligence-risk.html/; Stefan Becket, Arden Farhi, Kathryn Watson, “Top diplomat tells lawmakers Ukraine aid was directly tied to investigations,” CBS News, October 23, 2019, https://www.cbsnews.com/news/bill-taylor-opening-statement-read-the-full-text-of-the-top-us-diplomats-statement-to-congress/.
No wonder national security adviser: Peter Baker and Nicholas Fandos, “Bolton Objected to Ukraine Pressure Campaign, Calling Giuliani ‘a Hand Grenade’,” New York Times, October 14, 2019, https://www.nytimes.com/2019/10/14/us/politics/bolton-giuliani-fiona-hill-testimony.html/.
One month earlier: Gienger, “Timeline.”
On August 12, 2019: Viola Gienger and Ryan Goodman, “Timeline: Trump, Giuliani, and Ukrainegate (Updated),” Just Security, September 24, 2019, https://www.justsecurity.org/66271/timeline-trump-giuliani-bidens-and-ukrainegate/.
The inspector general: Natasha Bertrand and Daniel Lippman, “The Intelligence Watchdog at the Center of the Ukraine Firestorm,” Politico, September 23, 2019, https://www.politico.com/story/2019/09/23/atkinson-trump-ukraine-whistleblower-scandal-1508594.
But after IG Atkinson: Gienger, “Timeline.”
Yet weeks went by: Mary Clare Jalonick, “A Look at Controversy over Intelligence Whistleblower Law,” Associated Press, September 20, 2019, https://www.apnews.com/cffbe8af1d8440ee9c3b7f3ce37c19e8.
Just seven months after: Christopher Klein, “The United States Began Protecting Whistleblowers in 1777,” HISTORY, accessed October 16, 2019, https://www.history.com/news/whistleblowers-law-founding-fathers.
That law came about as a result: Ibid.
But the whistleblowers eventually: Stephen M. Kohn, “The Whis
tle-Blowers of 1777,” The New York Times, June 12, 2011, https://www.whistleblowers.org/wp-content/uploads/2018/11/1777whistle-blowers.pdf.
Ever since, America hasn’t only protected: A. Ernest Fitzgerald, once called ‘America’s most famous whistleblower,’ dies at 92,” National Whistleblower Center, February 8, 2019, https://www.whistleblowersblog.org/2019/02/articles/whistleblower-news/a-ernest-fitzgerald-once-americas-most-famous-whistleblower-dies-at-92/; “Robert MacLean, Air Marshal Whistleblower,” Government Accountability Project, accessed October 14, 2019, https://www.whistleblower.org/robert-maclean-air-marshal-whistleblower/..
The MacLean case is the last time: Brief of Members of Congress as Amici Curiae in Support of Respondent, Department of Homeland Security v. MacLean, 7, http://sblog.s3.amazonaws.com/wp-content/uploads/2014/11/13-894-bsac-Members-of-Congress.pdf.
One reason Congress appreciates: “Intelligence Community Whistleblower Protections,” Congressional Research Service, 3, https://fas.org/sgp/crs/intel/R45345.pdf.
in the days after the news: Greg Miller, Ellen Nakashima, and Shane Harris, “Trump’s Communications with Foreign Leader Are Part of Whistleblower Complaint that Spurred Standoff Between Spy Chief and Congress, Former Officials Say,” Washington Post, September 18, 2019, https://www.washingtonpost.com/national-security/trumps-communications-with-foreign-leader-are-part-of-whistleblower-complaint-that-spurred-standoff-between-spy-chief-and-congress-former-officials-say/2019/09/18/df651aa2-da60-11e9-bfb1-849887369476_story.html/.
That was when CNN host: “Chris Cuomo Clashes with Joe Biden Over Ukraine,” filmed September 19, 2019, Washington, DC, video, https://www.youtube.com/watch?v=q6EHQKL2wdo.
Giuliani’s interview: Zachary Cohen et al., “Trump Pushed Ukraine to Investigate Joe Biden, Transcript Shows,” CNNPolitics, September 25, 2019, https://www.cnn.com/2019/09/25/politics/donald-trump-ukraine-transcript/index.html/.
With every hour: Matt Zapotosky and Devlin Barrett, “Trump Administration Again Pushes Limits of Authority in Shielding Whistleblower Complaint from Congress,” Washington Post, September 23, 2019, https://www.washingtonpost.com/national-security/trump-administration-again-pushes-limits-of-authority-in-shielding-whistleblower-complaint-from-congress/2019/09/23/734603ee-de35-11e9-8dc8-498eabc129a0_story.html/.
So on September 24: Gienger, “Timeline.”
And House Speaker Nancy Pelosi decided: Marina Pitofsky, “READ: Speaker Pelosi Announces Impeachment Inquiry,” The Hill, September 24, 2019, https://thehill.com/blogs/blog-briefing-room/uncategorized/462889-read-speaker-pelosi-announces-impeachment-inquiry.
The following morning: Gienger, “Timeline.”
The morning IG Atkinson: Ben Rhodes, “Ben Rhodes on Twitter: ‘So the Barr DoJ Was Suppressing a Whistle Blower Complaint That Apparently Implicates Barr in Trump’s Ukraine Scheme. The Corruption Is Everywhere in This Administration.’ / Twitter,” Twitter, accessed October 16, 2019, https://twitter.com/brhodes/status/1176887571428909056.
Notably, this Legal Counsell: Council of the Inspectors General, Letter to Steven A. Engel, Oct. 22, 2019, https://www.documentcloud.org/documents/6523365-CIGIE-Letter-to-OLC-Whistleblower-Disclosure.html/.
This ruling from the DOJ: Kathryn Watson, “What to Know about the Mysterious Whistleblower Complaint Involving Trump,” CBS News, September 19, 2019, https://www.cbsnews.com/news/whistleblower-complaint-what-to-know-about-the-report-to-the-dni-involving-trump-being-kept-from-congress/..
But later that morning: Li Zhou, “Even Senate Republicans Want to See a Whistleblower Report on Trump,” Vox, September 24, 2019, https://www.vox.com/policy-and-politics/2019/9/24/20882420/mitch-mconnell-chuck-schumer-senate-resolution-whistleblower-report..
In the course of my official duties: Whistleblower Complaint.
When President Trump: Ibid.
These White House officials: Ibid.
“White House officials told me”: Ibid.
The only apparent reason President Trump’s lawyers: Ibid.
In his appendix: Ibid., appx. 1.
The whistleblower did not specify: Pamela Brown, Jim Sciutto, and Kevin Liptak, “White House Restricted Access to Trump’s Calls with Putin and Saudi Crown Prince—CNNPolitics,” CNN Politics, accessed October 16, 2019, https://www.cnn.com/2019/09/27/politics/white-house-restricted-trump-calls-putin-saudi/index.html/.
The whistleblower’s complaint: Whistleblower Complaint, 4.
The story began: Ibid.
Ukrainian officials, Lutsenko claimed: Gienger, “Timeline.”
President Trump’s own State Department: Ibid.
“I went to his office”: Tracy Wilkinson and Sergei Loiko, “Former Ukraine Prosecutor Says He Saw No Evidence of Wrongdoing by Biden,” Los Angeles Times, September 29, 2019, https://www.latimes.com/politics/story/2019-09-29/former-ukraine-prosecutor-says-no-wrongdoing-biden.
When I talked to: Camilo Montoya-Galvez, “Giuliani Says Pompeo Told Him He Was Aware of Ukraine Outreach,” September 29, 2019, https://www.cbsnews.com/news/rudy-giuliani-on-face-the-nation-says-mike-pompeo-told-him-he-was-aware-of-ukraine-outreach/..
Secretary of Energy Rick Perry: Timothy Puko and Rebecca Ballhaus, “Rick Perry Called Rudy Giuliani at Trump’s Direction on Ukraine Concerns,” Wall Street Journal, October 16, 2019, https://www.wsj.com/articles/rick-perry-called-rudy-giuliani-at-trumps-direction-on-ukraine-concerns-11571273635.
Even Ambassador Sondland told Congress: Josh Lederman. “Sondland to Testify That Trump Directed Giuliani to Push Ukraine Scheme.” NBC News, October 17, 2019. https://www.nbcnews.com/politics/trump-impeachment-inquiry/sondland-testify-trump-directed-giuliani-push-ukraine-scheme-n1067986.
So perhaps it’s no surprise that: Gregg Re, “Clinton-Ukraine Collusion Allegations ‘big’ and ‘Incredible,’ Will Be Reviewed, Trump Says,” Fox News, April 25, 2019, https://www.foxnews.com/politics/trump-barr-will-look-at-incredible-possibility-of-ukraine-clinton-collusion..
Four days after that television appearance: “Read Marie Yovanovitch’s Prepared Deposition Statement,” Washington Post, October 11, 2019, https://www.washingtonpost.com/context/read-marie-yovanovitch-s-prepared-deposition-statement/dffbf543-a373-46e0-a957-bc12a9371af4/..
Although I understand: Ibid.
When Giuliani was asked: Whistleblower Complaint, p. 6.
About 72 hours after: Ibid.
This might seem like a spectacular allegation: Kenneth P. Vogel. “Rudy Giuliani Plans Ukraine Trip to Push for Inquiries That Could Help Trump,” May 9, 2019. https://www.nytimes.com/2019/05/09/us/politics/giuliani-ukraine-trump.html/.
But with the spotlight on him: Gienger, “Timeline.”
Around this time: Whistleblower Complaint, p. 7.
These efforts: Ibid.
By mid-May: Paul Farhi. “How a Conservative Columnist Helped Push a Flawed Ukraine Narrative.” Washington Post, September 29, 2019. https://www.washingtonpost.com/lifestyle/style/how-a-conservative-columnist-helped-push-a-flawed-ukraine-narrative/2019/09/26/1654026e-dee7-11e9-8dc8-498eabc129a0_story.html/.
“Shortly after President Zelensky’s inauguration”: Whistleblower Complaint, p. 7.
As two of his aides: Evan Perez, Michael Warren, and David Shortell, “Two Men Connected to Giuliani’s Ukraine Efforts Charged with Funneling Foreign Money into US Election—CNNPolitics,” October 10, 2019, https://www.cnn.com/2019/10/10/politics/guliani-client-arrested-campaign-finance/index.html/.
“On 13 June”: Whistleblower Complaint, p. 7.
“The reality is the president”: Tim Hains, “Giuliani: Trump Has Every Right To Ask Other Countries For Help With Criminal Investigations; What If Biden Had Killed Someone?,” RealClear Politics October 6, 2019, https://www.realclearpolitics.com/video/2019/10/06/giuliani_trump_has_every_right_to_ask_other_countries_for_help_with_criminal_investigations_what_if_biden_killed_someone.html/.
The following day: Aaron Blake, “Analysis | Trump Just Inched toward Spilling the Beans on Ukraine,” Washington Post, September 23, 2019, https://www.wa
shingtonpost.com/politics/2019/09/23/trump-inches-toward-spilling-beans-ukraine/.
CNBC reporter: Aaron Rupar, “Trump Insists He Just Wants Foreign Countries to Tackle ‘Corruption.’ Here’s Why That’s Absurd.,” Vox, October 4, 2019, https://www.vox.com/2019/10/4/20899087/trump-corruption-investigation-ukraine-china-scandal.
“When the only American citizen”: “Mitt Romney on Twitter: ‘When the Only American Citizen President Trump Singles out for China’s Investigation Is His Political Opponent in the Midst of the Democratic Nomination Process, It Strains Credulity to Suggest That It Is Anything Other than Politically Motivated.’ / Twitter,” Twitter, October 4, 2019, https://twitter.com/mittromney/status/1180151212030779392.
Making matters worse: Samantha Vinograd, “This Is What a Legitimate Anti-Corruption Effort in Ukraine Would Look Like—POLITICO Magazine,” Politico, October 9, 2019, https://www.politico.com/magazine/story/2019/10/09/donald-trump-impeachment-ukraine-corruption-rudy-giuliani-joe-biden-229828.
an official letter to Congress: John Rood, “Pentagon Letter on Ukraine Aid,” NPR News, May, 2019, https://apps.npr.org/documents/document.html?id=6430088-Pentagon-Letter-On-Ukraine-Aid.
“I’ll continue to withhold [the funding]”: Betsy Klein, “Trump Admits He Delayed Ukraine Aid but Claims It Was Unrelated to Biden,” CNN, September 24, 2019, https://www.cnn.com/2019/09/24/politics/donald-trump-ukraine-aid/index.html/.
As Senator Lindsey Graham tweeted: “Lindsey Graham on Twitter: ‘In America You Can’t Even Get a Parking Ticket Based on Hearsay Testimony. But You Can Impeach a President? I Certainly Hope Not.’ / Twitter,” Twitter, accessed October 17, 2019, https://twitter.com/lindseygrahamsc/status/1177941037895036928.
Two days later: “Donald J. Trump on Twitter: ‘So If the so-Called “Whistleblower” Has All Second Hand Information, and Almost Everything He Has Said about My “Perfect” Call with the Ukrainian President Is Wrong (Much to the Embarrassment of Pelosi & Schiff), Why Aren’t We Entitled to Interview & Learn Everything about . . .’ / Twitter,” Twitter, accessed October 17, 2019, https://twitter.com/realdonaldtrump/status/1179023001989373952.