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The Giuliani Factor: Is it wrong for Trump to use his personal lawyer to investigate Biden?
Powerline ^ | 09/29/2019 | BY PAUL MIRENGOFF

Posted on 09/29/2019 8:18:04 PM PDT by SeekAndFind

There’s nothing wrong with a U.S. official asking a foreign leader for help in investigating possible criminal acts by Americans committed in, or relating to, the foreign leader’s country. There’s nothing wrong with a U.S. president asking a foreign leader to speak to and work with a U.S. official conducting such an investigation.

This is true regardless of whether the person being investigated is a political opponent of the president. As long as the investigation is legitimate, there’s no problem. Opposing a president doesn’t shield one from being investigated.

But suppose the person doing the investigating is a lawyer for the campaign committee of the U.S. president. Nothing wrong yet. Campaigns do opposition research all the time.

But now, suppose the U.S. president asks a foreign leader for a favor. He asks that the foreign leader speak to and work with the lawyer for the president’s campaign committee regarding possible wrongdoing by the president’s campaign opponent (or potential opponent).

I think most objective observers (if any could be found) would say that this is improper. I think all hyper-partisan observers (who are easy to find) would scream bloody murder if the president seeking such foreign help were from the party they oppose.

Put simply, the president should not use his influence with foreign leaders to induce them to help with opposition research in support of the president’s campaign. If the researcher is a lawyer on the president’s campaign team, there is little doubt that this is what’s going on. If the researcher is a government official conducting a legitimate investigation of possible criminal conduct, there’s no reason to so suspect.

This brings us to Rudy Giuliani. He is not a U.S. official. He is also not a lawyer for the president’s reelection campaign. He was not investigating the Bidens dealings with Ukraine in either capacity.

In what capacity was he investigating the Bidens? Giuliani apparently has claimed that the State Department asked him to become involved in the investigation.

According to Giuliani, Kurt Volker, the U.S. special representative for Ukraine, helped secure his discussions with a Andriy Yermak, a top aide to Ukraine’s president. But according to the Washington Post, quoting a State Department official, Volker helped set up the meeting at Yermak’s request only after Trump had requested that the president of Ukraine speak with Giuliani (in the now famous July telephone call).

Assuming that the Post’s reporting is accurate, Giuliani was not injected into the Biden investigation by the State Department. Rather, he was injected into it by Trump. Indeed, the Post’s reporting aside, any other scenario seems highly implausible. And Giuliani’s relationship to Trump is that he’s Trump’s personal lawyer.

It appears, then, that Giuliani was investigating the Bidens in his capacity as Trump’s personal lawyer. To me, this seems a lot more like a quest for dirt by a lawyer for the president’s reelection campaign than an official investigation into possible criminal behavior.

As such, I believe it was improper for Trump to ask, as a favor, that Ukraine’s president speak with Giuliani. Again, there’s nothing wrong with Trump asking his personal lawyer to perform opposition research. The president can seek this kind of help from anyone he chooses. Thus, had Giuliani merely poked around on his own, that would have been fine, as I see it.

The problem arises because Trump used the power of the presidency to persuade Ukraine to cooperate with his private attorney in digging up dirt on a political opponent. When the president asks a foreign leader for a favor, the favor should be furtherance of American objectives, not the president’s personal (or political) ones. That’s why it’s easy to understand that the president shouldn’t ask foreign leaders to collaborate with an attorney from his reelection campaign.

Because Giuliani was acting as Trump’s private attorney, the strong presumption should be that he was representing Trump’s personal interests. Indeed, Giuliani’s attempt to characterize his work as at the behest of the State Department suggests that he understands this.

The presumption is reinforced by the fact that Trump’s personal interest in digging up dirt on the Bidens exceeds any national interest. From the standpoint of American interests, Hunter Biden is just another sleazy businessman using connections to get ahead. It’s only from the standpoint of Trump’s personal interest that Hunter Biden, by virtue of who his father is, becomes particularly important.

Joe Biden is another matter. He’s a major political figure and the former vice president. However, he had already admitted — indeed, bragged — that he conditioned U.S. aid to Ukraine on the firing of the Ukrainian prosecutor who was investigating his son. How much more was there to investigate regarding Joe? The key for Trump was to keep the matter alive and to embarrass the Bidens as much as possible.

To say that it was improper for Trump to ask as a favor that Ukraine’s president talk with Giuliani about possible crimes by the Bidens is not to say that doing so comes close to being an impeachable offense. I don’t think it does — certainly not on the facts that have come to light so far.

However, Trump shouldn’t have done it. I’m not surprised that he did, though.


TOPICS: Government; Politics; Society
KEYWORDS: biden; giuliani; ukraine
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1 posted on 09/29/2019 8:18:04 PM PDT by SeekAndFind
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To: SeekAndFind

Rudy is not investigating he is doing opposition research. I’m just sayin’


2 posted on 09/29/2019 8:20:09 PM PDT by Captain Compassion (I'm just sayin')
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To: SeekAndFind

Gibberish to fill up a column.


3 posted on 09/29/2019 8:25:51 PM PDT by MarvinStinson
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To: SeekAndFind

Rudy Giuliani is our defacto Attorney General and with that responsibility, he protects out nation’s interest and protects our president.

It is only because President Trump is a Republican that anyone questions Rudy’s current role.


4 posted on 09/29/2019 8:27:58 PM PDT by Meatspace
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To: SeekAndFind
The total absence of law citations from either side is tiresome.

There is no escaping “quid pro quo” as the essence of political and business dealings.

5 posted on 09/29/2019 8:29:29 PM PDT by Fester Chugabrew
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To: Captain Compassion

If as you say, Rudy is doing opposition research, is it proper
to use government resources, including the State Department to facilitate that?


6 posted on 09/29/2019 8:29:30 PM PDT by SeekAndFind (look at Michigan, it will)
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To: Captain Compassion

That was my question too. Isn’t it just opposition research?


7 posted on 09/29/2019 8:32:11 PM PDT by Enterprise
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To: SeekAndFind

Paul doesn’t deserve to get wider coverage. He has TDS. Paul ignores facts and twists circumstances to be able to disparage POTUS. Paul is the worst part of Powerline but his pieces get the most responses because he makes people so angry.
He has had a series of articles on Ukrainegate which have been uniformly disingenuous.


8 posted on 09/29/2019 8:33:49 PM PDT by JayGalt (You can't teach a donkey how to tap dance. Nemo me impune lacessit!)
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To: Meatspace

Rudy was asked to be an intermediary by Volker and another Ambassador. Pompeo was aware of Rudy’s involvement. He agreed for the good of the Country & to do his job as President Trump’s lawyer. There is nothing inappropriate or hidden in Rudy’s conduct no matter how the Press might wish to insinuate there is.


9 posted on 09/29/2019 8:36:16 PM PDT by JayGalt (You can't teach a donkey how to tap dance. Nemo me impune lacessit!)
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To: SeekAndFind

I thought Rudy was acting at the request of State.


10 posted on 09/29/2019 8:36:43 PM PDT by JudyinCanada (Aim low, avoid disappointment.)
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To: SeekAndFind
This is utter nonsense. Giuliani is a personal agent of the President, an extension of his arms, legs and brain. Presidents always have personal advisors and counselors. They are not employees of the state and have no separate powers other than the mission the president assings them and for which he is thus personally and solely responsible. See Foreign Affairs: The special envoy and Executive agents
11 posted on 09/29/2019 8:38:16 PM PDT by AndyJackson
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To: SeekAndFind

It doesn’t sound to me that the author of the crap actually read the transcript.


12 posted on 09/29/2019 8:38:18 PM PDT by Agatsu77
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To: SeekAndFind

Do you have some proof that, that is happening.

Do you think it was ok for Obama, Clinton. And the DNC to do so? We absolutely know that happened.


13 posted on 09/29/2019 8:40:45 PM PDT by WHBates
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To: SeekAndFind

Expect a barrage of Rudy hit-pieces to start rolling out tomorrow. The corrupt media is desperate to change the conversation.


14 posted on 09/29/2019 8:40:58 PM PDT by Trumpnado2016 (Welcome to Trump World.)
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To: SeekAndFind

Øbowel used the CIA and FBI to dig up dirt on Trump, and we paid for it.


15 posted on 09/29/2019 8:41:04 PM PDT by doorgunner69
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To: MarvinStinson

Mirengoff consistently waters down the quality of Powerline blog.


16 posted on 09/29/2019 8:41:49 PM PDT by IWontSubmit
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To: SeekAndFind

Rudy Giuliani is not an employee of the federal government. And as long as he has a passport and can afford to fly where ever he wishes using what ever money he wishes, and does not enter a off limits country, no one in the country can order him to stop.

“Put simply, the president should not use his influence with foreign leaders to induce them to help with opposition research in support of the president’s campaign.”

There is nothing in the transcript that establishes Trump was using his position for anything but following the law signed by Clinton in 1998 concerning joint efforts to determine and control corruption in the Ukraine.

I’m sure anyone can make anything out of anything if your audience is stupid enough to buy stupid assumptions. I can assume the writer of this article, PAUL MIRENGOFF, is a closet queen if I want. Doesn’t make it true whether it is or not. As Jack Webb used to say, “Just the facts, mam.”

rwood


17 posted on 09/29/2019 8:42:34 PM PDT by Redwood71
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To: SeekAndFind

A top federal Democrat yanked a Ukrainian bloodhound off the Hunter case.

A top federal Republican put another Ukrainian bloodhound back on the Hunter case, hopefully.


18 posted on 09/29/2019 8:44:24 PM PDT by Brian Griffin
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To: Enterprise

You are buying into the big lie. Why not look at the facts.

Rudy was asked by the American ambassador to Ukraine to act as a liaison. The ambassador was approached by the Ukrainian government who requested his help.

That is not opposition research. The Left acts like all a person needs to do to be above the law is run for the Presidency. Then no one can investigate them unless they are from the same party.

That is horse manure. To believe that we must believe that all is politics and that the President can not be putting the Country’s interests foremost. I can see how the corrupt Democrats can believe that but it is a very warped view of the world & they are using it like a club to destroy our system of Government.

It is the responsibility of the President to investigate corruption and we have a treaty with Ukraine which commits POTUS to mutually investigate corruption. Some may wish Volker & the other ambassador chose someone else but that is not germane. Rudy is dogged, honorable & wily a very good combination in a tricky situation.


19 posted on 09/29/2019 8:45:07 PM PDT by JayGalt (You can't teach a donkey how to tap dance. Nemo me impune lacessit!)
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To: SeekAndFind

I’m sure idiots like Romney will dutifully accept the Dems premise instead of rejecting it outright!


20 posted on 09/29/2019 8:46:04 PM PDT by Artcore (Trump 2020!)
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