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Alex Vindman’s Impeachment Testimony Completely Rested On His Personal Opinions
Thefederalist.com ^ | By John Lucas November 1, 2019

Posted on 11/01/2019 7:37:53 AM PDT by Red Badger

Alex Vindman’s testimony about the July 25 call between the two presidents does not add any new facts. So, what does he say? He offers his opinions about the wisdom of the call. That’s it.

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A lot of rhetoric is being thrown around, both in print media and on TV, about Lt. Col. Alex Vindman’s testimony before the House Intelligence Committee about President Trump’s phone call with the president of Ukraine. He has been lauded by Democrats and the press (excuse the redundancy), and most of the commentary and reporting ignores any analysis of his allegations about the call.

In Vindman’s testimony, I see more appeals to emotion than to analysis and reason. For example, he talks about how he served in combat as an infantryman, holds a Purple Heart for wounds, and was an immigrant as a child. I therefore venture this analysis of his prepared statement and whether Vindman “has done nothing more or less than his duty,” as some have suggested, as well as the significance of his highly touted “personal knowledge” of that call.

Because committee Chairman Adam Schiff has kept Vindman’s oral testimony secret, I focus on Vindman’s prepared statement, which is public. I will also address only his testimony about the July 25 call between President Trump and Ukraine President Zelensky. All About Vindman’s Opinions, Not the Facts

First, as discussed below, Vindman’s testimony about the July 25 call between the two presidents does not add any new facts. So, what does he say? He offers his opinions about the wisdom of the call. That’s it. His testimony about the substance of that call consists of five sentences at the end of his prepared testimony. Those five sentences basically comprise two opinions.

Here is what he said: “I was concerned by the call. [1] I did not think it was proper to demand that a foreign government investigate a U.S. citizen, and I was worried about the implications for the U.S. government’s support of Ukraine. [2] I realized that if Ukraine pursued an investigation into the Bidens and Burisma, it would likely be interpreted as a partisan play which would undoubtedly result in Ukraine losing the bipartisan support it has thus far maintained. This would all undermine U.S. national security. Following the call, I again reported my concerns to NSC’s lead counsel.”

The two portions preceded by my bracketed numbers are Vindman’s opinions. Let’s analyze what he said. It is important to remember that he was not speaking off-the-cuff or just responding to questions. This was a carefully prepared opening statement that had been closely vetted by lawyers and others.

Regarding his first opinion, he says, “I did not think it was proper…” That is pure opinion, not fact. Moreover, if it is improper to ask a foreign government to investigate a U.S. citizen, that would no doubt come as a big surprise to many in government.

Vindman’s statement is, in short, an unfounded and unsupported opinion. And the notion that the president could not properly ask a foreign country to investigate a U.S. citizen who may have engaged in illegal activity is nonsense; Joe Biden does not get a pass from investigation just because he is candidate for the nomination of his party.

There is nothing improper or illegal about an investigation into potentially illegal actions, much less anything that rises to the level of a high crime or misdemeanor. The notion that it does is so much tommyrot.

So, absent personal knowledge of a high crime or misdemeanor, Vindman’s first personal opinion is immaterial. I think most voters not swirling around in the vortex of Trump hatred care more about the opinions of the president and the secretary of State than those of a mid-level officer, at least on this topic.

Vindman’s second opinion is that if Ukraine investigated the Bidens as President Trump suggested, it would lose the support of Democrats in Congress. That may well be, but in addition to being a personal opinion, it is a pure political concern. It is properly the concern of the presidents of the United States and of Ukraine.

If he disagrees with the president’s approach and harbors a fear that Ukraine will lose Democrat votes if it investigates the Bidens, Vindman’s proper role is to give his best advice and then shut up. His proper role is not to volunteer to go before a congressional committee and complain about why he disagrees with the president. It’s Not This Guy’s Duty to Second-Guess the President

So, with the understanding that Vindeman’s relevant statements were opinion, not fact, was he merely doing his duty as his officer’s oath demands? Many have relied on the argument that he is not an anti-Trump activist because he was subpoenaed and therefore had no choice but to testify. Thus, his supporters have argued that he did not decide to become involved but was merely a pawn in the political theater, just a honorable soldier doing his duty.

That would be a better argument if Vindman had been subpoenaed involuntarily and then had to give honest answers to factual questions. But that is not what happened. He said he was “appearing today voluntarily pursuant to a subpoena.” Appearing “voluntarily pursuant to a subpoena” is what people do when they are trying to cover their rear end. That is a statement by someone who is willing or affirmatively wants to testify but thinks he needs a subpoena commanding his presence to be able to claim that he had to testify.

Lawyers deal with that every day. The “just doing his duty” argument also is flawed because even if his duty required him to testify about facts (itself a debatable proposition) it did not require him to offer his personal opinions critiquing his commander-in-chief.

Finally, and perhaps most significantly, being subpoenaed does not obligate any witness to make an opening statement. That is something they do if they want to. Vindman wanted to; it was a purely voluntary act. That desire to offer his personal opinions to impeach the president’s decisions does indeed support the argument that this officer is an active member of the “resistance.” We All Have the Same Firsthand Knowledge Now

Second, many have touted Vindman’s “firsthand knowledge” of what was said on the July 25 call, in order to distinguish that “firsthand knowledge” from the allegations by the “whistleblower,” whose “second- or third-hand knowledge” was the catalyst for the present impeachment circus. The anti-Trump media initially ran with that story line and others have fallen into the same trap.

It is correct that Vindman has “firsthand knowledge” of the call. However, his personal knowledge of that call is not important. Why not? Because the president released the transcript and we know what was said.

In fact, Vindman’s prepared statement indicates he believes that the released transcript is accurate. He said: “As the transcript is in the public record, we are all aware of what was said.” If Vindman had contended that the transcript was not accurate, then his recollection might be material. But that is not what he claimed.

Although some left-leaning media outlets now claim the transcript has omissions and is not accurate, Vindman did not make that claim or dispute the accuracy of the transcript. If he later changes course and claims, contrary to his prepared statement, that the transcript is not accurate, then such a shift would raise obvious credibility issues. But that discussion is for another day, if it happens.

I will close with one final observation: Vindman’s public volunteering of his personal opinions contrary to those of his commander-in-chief violates the fundamental rule that military officers should be publicly apolitical, in order to keep the armed forces out of political disputes. I respectfully submit that honoring that fundamental separation is more in line with an officer’s duty than what Vindman did in this case.

The fact that he elected to testify in uniform, thus attempting to add the imprimatur of the U.S. military to boost his credibility, makes it worse.

===================================================================

John Lucas is a practicing attorney in Tennessee who has successfully argued before the U. S. Supreme Court. Before entering law school at the University of Texas, he served in the Army Special Forces as an enlisted and then graduated from the U. S. Military Academy at West Point in 1969. He is an Army Ranger and fought in Vietnam as an infantry platoon leader. He is married with four children.


TOPICS: Constitution/Conservatism; Foreign Affairs; Government; Politics/Elections
KEYWORDS: 116th; trumpukraine; vindman
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Opinions are like a-holes. Everybody has one.

I'm not sure, but I believe that this Lt. Colonel has broken a law or at the very least the UCMJ........................

1 posted on 11/01/2019 7:37:53 AM PDT by Red Badger
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To: Red Badger

https://www.whitehouse.gov/.../09/Unclassified09.2019.pdf

Copy of the transcript.

LT Col Clown boy, the Democrat “star witness” this week admitted in his testimony the transcript is complete and accurate.His boss just testified today there is nothing at all illegal or improper in the call.

In any sane world this kills the Democrat Fascist clown show in the US House dead. But the DC Swamp, and their mindless toadies in the Fake News, don’t live in a sane world anymore.

It now turns out this “impeachment” scam is all about the DC Swamp criminals trying to divert attention off the AG current criminal investigation. The “whistle blower” is one of the prime agents in the original “Russian collusion” fraud.
No wonder they were all panicked by the Ukrainian call, they knew the noose was being slipped over their heads.


2 posted on 11/01/2019 7:40:16 AM PDT by MNJohnnie (They would have to abandon leftism to achieve sanity. Freeper Olog-hai)
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To: Red Badger

“I’m not sure, but I believe that this Lt. Colonel has broken a law or at the very least the UCMJ........................ “

Notice when he was brought out to the public it was after the transcripts were released. The entire thing was staged after that point. Its a war of perception and the laws seem to be ignored at every level let alone the ethics of it all.


3 posted on 11/01/2019 7:41:23 AM PDT by Nuke From Orbit
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To: Red Badger

He explicitly stated that the transcript was accurate.

And there is nothing in the transcript. This is all so pointless. This is OrangeManBad and nothing but.


4 posted on 11/01/2019 7:41:26 AM PDT by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: MNJohnnie

This foreign born O-5 needs to learn his place...............................


5 posted on 11/01/2019 7:42:45 AM PDT by Red Badger (Against stupidity the gods themselves contend in vain...................)
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To: Red Badger

One of Vindman’s superior officers has a pretty dim view of the guy. Compelling, specific commentary on his Twitter feed:

https://twitter.com/Jim_Hickman13/status/1190077852680634368


6 posted on 11/01/2019 7:44:03 AM PDT by Heavyrunner (Socialize this.)
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To: ClearCase_guy

Methinks his inflated self righteousness is beyond his pay grade.....................


7 posted on 11/01/2019 7:44:16 AM PDT by Red Badger (Against stupidity the gods themselves contend in vain...................)
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To: Red Badger

The man should be stripped of his uniform and pension and receive a five year term in a federal pen...


8 posted on 11/01/2019 7:44:42 AM PDT by Eric in the Ozarks (Baseball players, gangsters and musicians are remembered. But journalists are forgotten.)
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To: Red Badger

I’m not sure, but I believe that this Lt. Colonel has broken a law or at the very least the UCMJ........................


At minimum...

Article 134. General article:
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.


9 posted on 11/01/2019 7:46:29 AM PDT by HombreSecreto (The life of a repo man is always intense)
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To: Heavyrunner

LTC (R) Jim Hickman

I know LTC Alex Vindman from a Combined US-Russian exercise called Atlas Vision 12 in Grafenwoher, GE. He worked w/the Russian Embassy & I was assigned to the JMTC (Joint...

...Multinational Training Command), w/in USAREUR (US Army Europe). He worked coordination w/the Russian 15th Peacekeeping Brigade, & I was in charge of all Simulations planning, as well as assisting the USAREUR Lead Planner as the Senior Military Planner. The following...

...account of LTC Vindman’s words & actions are completely accurate to the best of my recollection & have been corroborated by others. We interacted on several different occasions throughout the planning cycle, but it was during the actual execution of the exercise, that we...

...had an issue relevant to his recent testimony. As stated earlier, Atlas Vision 12 was conducted at JMTC in the VBS2 (Virtual Battle Simulations 2) Classrooms for Simulation. Vindman, who was a Major at the time, was sitting in one of the classrooms talking to the US &...

...Russian Soldiers, as well as the young Officers & GS Employees about America, Russia, & Obama. He was apologetic of American culture, laughed about Americans not being educated or worldly, & really talked up Obama & globalism to the point of uncomfortable. He would speak...

...w/the Russian Soldiers & laugh as if at the expense of the US personnel. It was so uncomfortable & unprofessional, one of the GS employees came & told me everything above. I walked over & sat w/in earshot of Vindman, & sure enough, all was confirmed. One comment truly..

...struck me as odd, & it was w/respect to American’s falsely thinking they’re exceptional, when he said, “He [Obama] is working on that now.” And he said it w/a snide ‘I know a secret’ look on his face. I honestly don’t know what it meant, it just sounded like an odd thing to...

...say. Regardless, after hearing him bash America a few times in front of subordinates, Russians, & GS Employees, as well as, hearing an earful about globalization, Obama’s plan, etc...I’d had enough. I tapped him on the shoulder & asked him to step outside. At that point I...

...verbally reprimanded him for his actions, & I’ll leave it at that, so as not to be unprofessional myself. The bottom-line is LTC Vindman was a partisan Democrat at least as far back as 2012. So much so, junior officers & soldiers felt uncomfortable around him. This is..

...not your professional, field-grade officer, who has the character & integrity to do the right thing. Do not let the uniform fool you...he is a political activist in uniform. I pray our nation will drop this hate, vitriol & division, & unite as our founding fathers intended!


10 posted on 11/01/2019 7:48:16 AM PDT by Red Badger (Against stupidity the gods themselves contend in vain...................)
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To: HombreSecreto

See UCMJ Arts. 88 & 106


11 posted on 11/01/2019 7:50:04 AM PDT by gasport (The dung beetle should be the symbol of the Democrat Party)
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To: Red Badger

Alex Vindman is protecting a extra-legal operation that the CIA and state department are running in Ukraine. Money, spys, and information run through the country that allows America full reign in exchange for American pay offs. Sometimes that payoff are weapons (that they sell). And sometimes its dollars. Its like Ukraine is the new Casablanca. A no-mans land for spies to do whatever they want. Thank you CIA, Thank you Obama.


12 posted on 11/01/2019 7:51:33 AM PDT by poinq
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To: gasport
The fact that he elected to testify in uniform, thus attempting to add the imprimatur of the U.S. military...

Which is why even if he faced UCMJ proceedings he would be acquitted. A court martial board would have mostly left leaning officers sitting on it. The officer corps today isn't what it was in my army or your dad's army...they're mostly globalist and leftist in the field grade and flag officer levels.

13 posted on 11/01/2019 7:57:46 AM PDT by damper99
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To: damper99

Which is why even if he faced UCMJ proceedings he would be acquitted. A court martial board would have mostly left leaning officers sitting on it. The officer corps today isn’t what it was in my army or your dad’s army...they’re mostly globalist and leftist in the field grade and flag officer levels.


Is there anything preventing the President from recalling old-timer/Cold War-era officers back to duty to conduct court martial proceedings against these modern-day Quislings?


14 posted on 11/01/2019 8:07:24 AM PDT by HombreSecreto (The life of a repo man is always intense)
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To: Red Badger

Whoa whoa. All this hatred of Lt. Col. Whathisface is totally interfering with Chris Wallace’s impeachment “facts.”


15 posted on 11/01/2019 8:11:12 AM PDT by FlipWilson
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To: poinq

Its like Ukraine is the new Casablanca................

Round up the usual suspects..................


16 posted on 11/01/2019 8:13:20 AM PDT by Red Badger (Against stupidity the gods themselves contend in vain...................)
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To: Red Badger
This foreign born O-5 needs to learn his place....

There is an opening in NYC in a secure site that has updated security cameras.

Check-out the Metropolitan Correctional Center in Manhattan.

17 posted on 11/01/2019 8:16:44 AM PDT by ptsal
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To: poinq

Hasn’t this Ukraine ‘channel’ been open thought for decades?


18 posted on 11/01/2019 8:27:40 AM PDT by pepsionice
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To: Red Badger

OK! Vindman’s personal opinions! Swell, but as they as opinion’s are like rear ends, just remember, some STINK more than others!!!!!


19 posted on 11/01/2019 8:33:14 AM PDT by RollingThunder ( LIBERALS - Lying Ignorant Bums Endangering Real American Lives & Society)
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To: Red Badger

The circus is a circus and it’s about time the GOP treated it as such.


20 posted on 11/01/2019 8:34:49 AM PDT by 1Old Pro
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