There are still wide swaths of documentation kept under wraps inside government agencies like the State Department that could substantially alter the public’s understanding of what has happened in the U.S.-Ukraine relationships now at the heart of the impeachment probe.
As House Democrats mull whether to pursue impeachment articles and the GOP-led Senate braces for a possible trial, here are 12 tranches of government documents that could benefit the public if President Trump ordered them released, and the questions these memos might answer.
Daily intelligence reports from March through August 2019 on Ukraine’s new president Volodymyr Zelensky and his relationship with oligarchs and other key figures. What was the CIA, FBI and U.S. Treasury Department telling Trump and other agencies about Zelensky’s ties to oligarchs like Igor Kolomoisky, the former head of Privatbank, and any concerns the International Monetary Fund might have? Did any of these concerns reach the president’s daily brief (PDB) or come up in the debate around resolving Ukraine corruption and U.S. foreign aid? CNBC, Reuters and The Wall Street Journal all have done recent reporting suggesting there might have been intelligence and IMF concerns that have not been fully considered during the impeachment proceedings.
State Department memos detailing conversations between former U.S. Ambassador Marie Yovanovitch and former Ukrainian Prosecutor General Yuriy Lutsenko. He says Yovanovitch raised the names of Ukrainians she did not want to see prosecuted during their first meeting in 2016. She calls Lutsenko’s account fiction. But State Department officials admit the U.S. embassy in Kiev did pressure Ukrainian prosecutors not to target certain activists. Are there contemporaneous State Department memos detailing these conversations and might they illuminate the dispute between Lutsenko and Yovanovitch that has become key to the impeachment hearings?
State Department memos on U.S. funding given to the George Soros-backed group the Anti-Corruption Action Centre. There is documentary evidence that State provided funding to this group, that Ukrainian prosecutor sought to investigate whether that aid was spent properly and that the U.S. embassy pressured Ukraine to stand down on that investigation. How much total did State give to this group? Why was a federal agency giving money to a Soros-backed group? What did taxpayers get for their money and were they any audits to ensure the money was spent properly? Were any of Ukrainian prosecutors’ concerns legitimate?
The transcripts of Joe Biden’s phone calls and meetings with Ukraine’s president and prime minister from April 2014 to January 2017 when Hunter Biden served on the board of the natural gas company Burisma Holdings. Did Burisma or Hunter Biden ever come up in the calls? What did Biden say when he urged Ukraine to fire the prosecutor overseeing an investigation of Burisma? Did any Ukrainian officials ever comment on Hunter Biden’s role at the company? Was any official assessment done by U.S. agencies to justify Biden’s threat of withholding $1 billion in U.S. aid if Prosecutor General Viktor Shokin wasn’t fired?
All documents from an Office of Special Counsel whistleblower investigation into unusual energy transactions in Ukraine. The U.S. government’s main whistleblower office is investigating allegations from a U.S Energy Department worker of possible wrongdoing in U.S.-supported Ukrainian energy business. Who benefited in the United States and Ukraine from this alleged activity? Did Burisma gain any benefits from the conduct described by the whistleblower? OSC has concluded there is a “substantial likelihood of wrongdoing” involved in these activities.
All FBI, CIA, Treasury Department and State Department documents concerning possible wrongdoing at Burisma Holdings. What did the U.S. know about allegations of corruption at the Ukrainian gas company and the efforts by the Ukrainian prosecutors to investigate? Did U.S., Latvian, Cypriot or European financial authorities flag any suspicious transactions involving Burisma or Americans during the time that Hunter Biden served on its board? Were any U.S. agencies monitoring, assisting or blocking the various investigations? When Ukraine reopened the Burisma investigations in March 2019, what did U.S. officials do?
All documents from 2015-16 concerning the decision by the State Department’s foreign aid funding arm, USAID, to pursue a joint project with Burisma Holdings. State official George Kent has testified he stopped this joint project because of concerns about Burisma’s corruption reputation. Did Hunter Biden or his American business partner Devon Archer have anything to do with seeking the project? What caused its abrupt end? What issues did Kent identify as concerns and who did he alert in the White House, State or other agencies?
All cables, memos and documents showing State Department’s dealings with Burisma Holding representatives in 2015 and 2016. We now know that Ukrainian authorities escalated their investigation of Burisma Holdings in February 2016 by raiding the home of the company’s owner, Mykola Zlochevsky. Soon after, Burisma’s American representatives were pressing the State Department to help end the corruption allegations against the gas firm, specifically invoking Hunter Biden’s name. What did State officials do after being pressured by Burisma? Did the U.S. embassy in Kiev assist Burisma’s efforts to settle the corruption case against it? Who else in the U.S. government was being kept apprised?
All contacts that the Energy Department, Justice Department or State Department had with Vice President Joe Biden’s office concerning Burisma Holdings, Hunter Biden or business associate Devon Archer. We now know that multiple State Department officials believed Hunter Biden’s association with Burisma created the appearance of a conflict of interest for the vice president, and at least one official tried to contact Joe Biden’s office to raise those concerns. What, if anything, did these Cabinet agencies tell Joe Biden’s office about the appearance concerns or the state of the various Ukrainian investigations into Burisma?
All memos, emails and other documents concerning a possible U.S. embassy’s request in spring 2019 to monitor the social media activities and analytics of certain U.S. media personalities considered favorable to President Trump. Did any such monitoring occur? Was it requested by the American embassy in Kiev? Who ordered it? Why did it stop? Were any legal concerns raised?
All State, CIA, FBI and DOJ documents concerning efforts by individual Ukrainian government officials to exert influence on the 2016 U.S. election, including an anti-Trump Op-Ed written in August 2016 by Ukraine’s ambassador to Washington or efforts to publicize allegations against Paul Manafort. What did U.S. officials know about these efforts in 2016, and how did they react? What were these federal agencies’ reactions to a Ukrainian court decision in December 2018 suggesting some Ukrainian officials had improperly meddled in the 2016 election?
All State, CIA, FBI and DOJ documents concerning contacts with a Democratic National Committee contractor named Alexandra Chalupa and her dealings with the Ukrainian embassy in Washington or other Ukrainian figures. Did anyone in these U.S. government agencies interview or have contact with Chalupa during the time the Ukraine embassy in Washington says she was seeking dirt in 2016 on Trump and Manafort?
For weeks now, Democratic members of Congress, career State Department and National Security Council experts and their allies in the media suggest questions about Joe Biden and a Ukrainian gas company and Ukraine meddling in the 2016 election were nothing more than debunked conspiracy theories.
In reality, the facts on both these issues are clearly substantiated. And as I pointed out last week, many of the witnesses that House Intelligence Committee chairman Adam Schiff called during the impeachment proceedings confirmed concerns about both.
Here is a detailed timeline of key events in the Ukraine scandal, complete with the corroborating evidence. You make your own judgement as to what happened.
Vice President Joe Biden named by
President Obama to be U.S. point man on Ukrainian crisis after Euromaidan
Revolution of Dignity leads to ouster of Viktor Yanukovych as Ukrainian president.
February 21, 2014
George Soros’ Open Society
Foundation publishes anticorruption strategy for Ukraine identifying the Anti-Corruption
Action Centre, a nonprofit that Soros’ foundation and the U.S. State Department
jointly fund, as the leading edge of the foundation’s strategy for Ukraine.
New Ukrainian elections set for
May 2014 and Petro Poroshenko emerges as top Western-friendly candidate for
April 13, 2014:
Devon Archer, the business
partner of Hunter Biden, son of the VP, and Christopher Heinz, stepson of
Secretary of State John Kerry, is named an independent director of the
Ukrainian gas company Burisma Holdings.
Holdings makes two payments to the Morgan Stanley account of Devon Archer’s and
Hunter Biden’s firm Rosemont Seneca Bohai in the amounts of $83,333.33 and $29,424.82,
according to financial records obtained by Ukrainian authorities and the FBI.
Devon Archer, Hunter Biden’s partner in Rosemont Seneca Bohai and Burisma Holdings, checks into White House for meeting with Vice President Joe Biden, according to the Secret Service’s official WAVES entry logs for the Obama White House.
April 22, 2014:
VP Joe Biden meets with Ukraine Prime Minister Arseniy
Yatsenyuk and urges Ukraine to ramp up energy production to free itself from
its Russian natural gas dependence. Biden boasts that “an American team is currently in the region working with Ukraine
and its neighbors to increase Ukraine’s short-term energy supply.” Yatsenyuk
welcomes help from American “investors” in modernizing natural gas supply lines
Britain’s Serious Fraud Office
freezes $23 million in assets kept in London by Burisma Holdings and its
founder, Mykola Zlochevsky, on grounds it was fraudulently transferred from
Ukraine. Zlochevsky and Burisma deny wrongdoing.
Hunter Biden announced as a board
member for Ukraine’s largest natural gas company Burisma Holdings, which is run
by Mykola Zlochevsky, a former Cabinet official for
ousted president Victor Yanukovych.
Christopher Heinz, business
partner to Devon Archer and Hunter Biden and stepson to John Kerry, sends
email to Secretary of State’s top aides distancing himself from Archer, Biden
appointments to Burisma Holdings board, according to FOIA released to Citizens
Burisma Holdings makes two equal
$83,333.33 payments totaling $166,666.66 to the Morgan Stanley account of
Hunter Biden’s and Devon Archer’s firm Rosemont Seneca Bohai, according to the
company’s official ledger and Rosemont Seneca Bohais bank records obtained by the
FBI. Similar payments are made every month for more than a year.
Ukraine Prosecutor General Viktor
Shokin’s office opens criminal investigation of Burisma Holdings and Mykola
Zlochevsky for alleged corrupt award of gas exploration permits and eventual
looting of company, according to Ukrainian prosecutor general’s case file.
Sept. 16, 2014
Burisma Holdings makes $33,039.77 payment to Boies Schiller law firm,
according to company records.
VP Joe Biden speaks in Ukraine,
praising the decision to appoint a new head of the NABU, the new Ukrainian law
enforcement investigative arm set up by United States.
March 22, 2015:
Hunter Biden emails his father’s
longtime trusted aide, Deputy Secretary of State Tony Blinken, with the
following message: “Have a few minutes next week to grab a cup of coffee? I
know you are impossibly busy, but would like to get your advice on a couple of
things, Best, Hunter.”
Blinken responds the same day
with an “absolutely” and added, “Look forward to seeing you.”
The records indicate the two men
were scheduled to meet the afternoon of May 27, 2015.
Burisma Holdings makes $20,000
donation to the Delaware Community Foundation in the name of Beau Biden, the
vice president’s oldest son who died of cancer, according to the company’s financial
records released by Ukraine prosecutor general’s office.
The New York Times publishes article
stating Prosecutor General Shokin’s office is investigating Burisma Holdings and
its founder Zlochecvsky, and that Hunter Biden’s participation on Burisma board
is undercutting Joe Biden’s anticorruption message in Ukraine. VP Biden office
quoted in story.
Obama White House invites leaders
of Ukraine’s general prosecutor office to Washington for a hastily arranged set
of meetings to discuss anticorruption cases, including Burisma and Party of
Regions case involving Paul Manafort..
Ukraine general prosecutor’s
office under the direction of Viktor Shokin announces the seizure of assets
from Burisma Holdings founder Mykola Zlochevsky under a continuing criminal
investigation. The seizure occurred on Feb. 2, 2016, according to the announcement.
An American representative for
Burisma Holdings, Karen Tramontano of Blue Star Strategies, seeks meeting with Undersecretary
of State Catherine A. Novelli to discuss ending the corruption allegations
against the Ukrainian gas firm. Hunter
Biden’s name was specifically invoked by the Burisma representative as a reason
the State Department should help. “Per our conversation, Karen Tramontano of
Blue Star Strategies requested a meeting to discuss with U/S Novelli USG
remarks alleging Burisma (Ukrainian energy company) of corruption.”
Secretary of State Victoria Nuland demands Ukraine “appoint
and confirm a new, clean Prosecutor General, who is committed to rebuilding the
integrity of the PGO, and investigate, indict and successfully prosecute
corruption and asset recovery cases – including locking up dirty personnel in
the PGO itself.”
VP Joe Biden engages in phone
call from Washington DC with Ukrainian president Poroshenko about U.S. loan
guarantees. It is believed in this call that Biden renews his demands that the
president fire Prosecutor General Shokin, who is overseeing the Burisma
prosecution, or risk losing the next $1 billion in U.S. loan guarantees.
John Buretta, an American lawyer
hired by Burisma Holdings, seeks to contact the Acting Prosecutor General
Sevruk seeking a meeting about the Burisma investigation just hours after his
boss, Prosecutor General Shokin, was fired under pressure from VP Joe Biden,
according to email Buretta’s legal team sent the Ukraine embassy in Washington.
Burisma Holdings’ U.S. legal team
seeks help of Ukrainian embassy official Andrii Telizhenko in Washington seeking
urgent meeting with new Acting Prosecutor General of Ukraine, according to
legal team’s email to embassy.
George Kent, a senior US official
at the American embassy in Ukraine, writes a letter asking Ukrainian general
prosecutor’s office to stand down their investigation of the Soros-funded group
the Anti-Corruption Action Centre.
Burisma Holdings’ U.S. legal team
of John Buretta, Sally Painter and Karen Tramontano meets with Ukraine’s Acting
Prosecutor General Sevruk to seek resolution of Burisma criminal investigation.
American lawyers apologize for “false information” spread by U.S. government to
force the firing of Shokin and offer Prosecutor General’s office an olive
branch of arranging a meeting in Washington to clear the air.
Yurii Lutsenko named the new
Prosecutor General of Ukraine, taking over investigations that include Burisma
Holdings. VP Joe Biden later praises Lutsenko as a “solid guy” during 2018
speech at Atlantic Counsel.
Ukraine’s ambassador to Washington,
Valeriy Chaly, takes extraordinary step of writing an OpEd in The Hill intervening
in the US presidential election, slamming Trump’s policies and comments on
John Buretta, the American lawyer
for Burisma Holdings, gives interview in Kiev confirming there were criminal
cases open in 2016 in Ukraine but all have been settled, the last with a
penalty for tax violations.
Former VP Biden boasts at Council
of Foreign Relations events in Washington that he strong-armed Ukrainian
president Petro Poroshenko into firing Prosecutor General Shokin, using loan
guarantees as leverage. He also calls Shokin’s replacement, Yuriy Lutsenko,
court rules that the efforts by Ukrainian parliamentary member Sergey Leschenko
and NABU chief Artem Sytnyk to publicize the Manafort black ledger documents in
2016 were an improper foreign intervention in the American presidential
embassy in Washington issues statement confirming that in spring 2016 the DNC
contractor Alexandra Chalupa sought the embassy’s help seeking dirt on Donald
Trump and Paul Manafort and asking for Ukraine’s president to meet with an
investigative reporter working on the issue.
The former British spy Christopher Steele and his now
infamous Russia collusion dossier became a powerful reminder that the FBI often
relies on confidential human sources, or informants, to make cases. And investigations
are only as good as the information fed to agents.
It turns out, according to a stinging new report by Justice
Department Inspector General Michael Horowitz, that the FBI has done a poor job
over the last decade vetting informants for their credibility and reliability
and documenting “red flags” when warranted.
Horowitz rebuked the bureau in a report released this week for
failing to follow Justice Department procedures in vetting informants and
allowing for a lengthy backlog of required validation reports about the
reliability and credibility of long-term confidential human sources (CHS).
The internal watchdog found “significant weaknesses,”
including inadequate resources dedicated inside the FBI to vet informants, artificial
limits on long-term reviews that did not consider the full five years of work
of an informant and a poorly designed electronic records system.
“These factors increased the likelihood that the FBI has not
adequately mitigated the risks associated with long-term CHSs, including the
risks posed by overly familiar and non-objective handling agents and CHS
relationships,” Horowitz warned.
The most troubling revelation in the report, however, may be
that some of the FBI analysts used to vet informants complained they were “discouraged
from documenting conclusions and recommendations” about an informant’s
credibility or reliability.
One analyst, for instance, reported being told not to
document a request to polygraph a suspect informant. And multiple FBI officials
admitted efforts to keep the validation reports of informants void of
derogatory information because FBI “field office do not want negative
information documented” that could aid defense lawyers or stop informants from
becoming government witnesses at trial.
Such behavior “may have increased the likelihood that red
flags or anomalies were omitted” about long-term informants, the 63-page report
warned. Such concerns were widely held.
For instance, one member of a joint Justice Department-FBI
committee known as the HSRC that approved long-term informants’ service
reported being “deeply concerned that the limited scope of the long-term
validation review may potentially be omitting important information or critical
The report also included one very important piece on the FBI’s
reliance on informants: it showed the bureau spends an average of about $42
million a year on them.
This IG report did not mention Steele, arguably the FBI’s most famous informant of recent years.
But Horowitz is expected to release a massive report next month on possible failures and abuses by the FBI in the Russia collusion investigation, including efforts to use Steele’s dossier to help secure a Foreign Intelligence Surveillance Act warrant to surveil a former Trump campaign adviser.
The FBI’s reliance on Steele has raised significant public concerns,
including that he was being paid to do his work to find dirt on Trump by the
opposition research firm for Hillary Clinton and the Democratic National
Committee, had expressed a bias against Trump and had been leaking to the news
media while working for the FBI. His source relationship was ended because of
the latter concern.
In addition, an FBI spreadsheet created to validate Steele’s
allegations against Trump found most of the information in the dossier to be unconfirmed,
debunked or simply open source information found on the Internet, sources have
The latest IG report shows the Steele episode may ultimately be viewed as part of a larger systemic issue with the FBI’s handling of one of its most important investigative resources: confidential human sources or informants.
The next big witness for the House Democrats’ impeachment hearings
is Marie Yovanovitch, the former American ambassador to Ukraine who was
recalled last spring at President Trump’s insistence.
It is unclear what firsthand knowledge she will offer about the core allegation of this impeachment: that Trump delayed foreign aid assistance to Ukraine in hopes of getting an investigation of Joe Biden and Democrats started.
Nonetheless, she did deal with the Ukrainians going back to
the summer of 2016 and likely will be an important fact witness.
After nearly two years of reporting on Ukraine issues, here are 15 questions I think could be most illuminating to every day Americans if the ambassador answered them.
Ambassador Yovanovitch, at any time while you served in Ukraine did any officials in Kiev ever express concern to you that President Trump might be withholding foreign aid assistance to get political investigations started? Did President Trump ever ask you as America’s top representative in Kiev to pressure Ukrainians to start an investigation about Burisma Holdings or the Bidens?
What was the Ukrainians’ perception of President Trump after he allowed lethal aid to go to Ukraine in 2018?
In the spring and summer of 2019, did you ever become aware of any U.S. intelligence or U.S. treasury concerns raised about incoming Ukrainian president Volodymyr Zelensky and his affiliation or proximity to certain oligarchs? Did any of those concerns involve what the IMF might do if a certain oligarch who supported Zelensky returned to power and regained influence over Ukraine’s national bank?
Back in May 2018, then-House Rules Committee chairman Pete Sessions wrote a letter to Secretary of State Mike Pompeo suggesting you might have made comments unflattering or unsupportive of the president and should be recalled. Setting aside that Sessions is a Republican and might even have donors interested in Ukraine policy, were you ever questioned about his concerns? At any time have you or your embassy staff made comments that could be viewed as unsupportive or critical of President Trump and his policies?
John Solomon reported at The Hill and your colleagues have since confirmed in testimony that the State Department helped fund a nonprofit called the Anti-Corruption Action Centre of Ukraine that also was funded by George Soros’ main charity. That nonprofit, also known as AnTac, was identified in a 2014 Soros foundation strategy document as critical to reshaping Ukraine to Mr. Soros’ vision. Can you explain what role your embassy played in funding this group and why State funds would flow to it? And did any one consider the perception of mingling tax dollars with those donated by Soros, a liberal ideologue who spent millions in 2016 trying to elect Hillary Clinton and defeat Donald Trump?
In March 2019, Ukrainian prosecutor general Yuriy Lutsenko gave an on-the-record, videotaped interview to The Hill alleging that during a 2016 meeting you discussed a list of names of Ukrainian nationals and groups you did not want to see Ukrainian prosecutors target. Your supporters have since suggested he recanted that story. Did you or your staff ever do anything to confirm he had recanted or changed his story, such as talk to him, or did you just rely on press reports?
Now that both the New York Times and The Hill have confirmed that Lutsenko stands by his account and has not recanted, how do you respond to his concerns? And setting aide the use of the word “list,” is it possible that during that 2016 meeting with Mr. Lutsenko you discussed the names of certain Ukrainians you did not want to see prosecuted, investigated or harassed?
Your colleagues, in particular Mr. George Kent, have confirmed to the House Intelligence Committee that the U.S. embassy in Kiev did, in fact, exert pressure on the Ukrainian prosecutors office not to prosecute certain Ukrainian activists and officials. These efforts included a letter Mr. Kent signed urging Ukrainian prosecutors to back off an investigation of the aforementioned group AnTac as well as engaged in conversations about certain Ukrainians like Parliamentary member Sergey Leschenko, journalist Vitali Shabunin and NABU director Artem Sytnyk. Why was the US. Embassy involved in exerting such pressure and did any of these actions run afoul of the Geneva Convention’s requirement that foreign diplomats avoid becoming involved in the internal affairs of their host country?
On March 5 of this year, you gave a speech in which you called for the replacement of Ukraine’s top anti-corruption prosecutor. That speech occurred in the middle of the Ukrainian presidential election and obviously raised concerns among some Ukrainians of internal interference prohibited by the Geneva Convention. In fact, one of your bosses, Under Secretary David Hale, got questioned about those concerns when he arrived in country a few days later. Why did you think it was appropriate to give advice to Ukrainians on an internal personnel matter and did you consider then or now the potential concerns your comments might raise about meddling in the Ukrainian election or the country’s internal affairs?
If the Ukrainian ambassador to the United States suddenly urged us to fire Attorney General Bill Bar or our FBI director, would you think that was appropriate?
At any time since December 2015, did you or your embassy ever have any contact with Vice President Joe Biden, his office or his son Hunter Biden concerning Burisma Holdings or an investigation into its owner Mykola Zlochevsky?
At any time since you were appointed ambassador to Ukraine, did you or your embassy have any contact with the following Burisma figures: Hunter Biden, Devon Archer, lawyer John Buretta, Blue Star strategies representatives Sally Painter and Karen Tramontano, or former Ukrainian embassy official Andrii Telizhenko?
John Solomon obtained documents showing Burisma representatives were pressuring the State Department in February 2016 to help end the corruption allegations against the company and were invoking Hunter Biden’s name as part of their effort. Did you ever subsequently learn of these contacts and did any one at State — including but not limited to Secretary Kerry, Undersecretary Novelli, Deputy Secretary Blinken or Assistant Secretary Nuland — ever raise Burisma with you?
What was your embassy’s assessment of the corruption allegations around Burisma and why the company may have hired Hunter Biden as a board member in 2014?
In spring 2019 your embassy reportedly began monitoring briefly the social media communications of certain people viewed as supportive of President Trump and gathering analytics about them. Who were those people? Why was this done? Why did it stop? And did anyone in the State Department chain of command ever suggest targeting Americans with State resources might be improper or illegal?
first time I ever heard the name of U.S. ambassador to Ukraine Marie
Yovanovitch was in early March of this year. It did not come from a Ukrainian
or an ally of President Trump. It came from a career diplomat I was
interviewing on background on a different story.
diplomat, as I recall, suggested that Yovanovitch had just caused a commotion
in Ukraine a few weeks before that country’s presidential election by calling
for the firing of one of the prosecutors aligned with the incumbent president.
diplomat related that a more senior State official, David Hale, was about to travel to Ukraine and was prepping to be
confronted about Yovanovitch’s comments. I remember the diplomat joking something
to the effect of, “we always say that the Geneva Convention is optional for our
Convention is the UN-backed pact enacted during the Cold War that governs the
conduct of foreign diplomats in host countries and protects them against retribution.
But it strictly mandates that foreign diplomats “have a duty not to interfere in the internal affairs of that
State” that hosts them. You can read the convention’s
dutifully checked out my source’s story. And sure as day, Yovanovitch did give
a speech on March 5, 2019 calling for Ukraine’s special anticorruption
prosecutor to be removed. You can read that here.
the Ukraine media was abuzz that she had done so. And yes, Under Secretary of
State Hale, got peppered
with questions upon arriving in Kiev, specifically about whether Yovanovitch’s
comments violated the international rule that foreign diplomats avoid becoming
involved in the internal affairs and elections of their host country.
dutifully defended Yovanovitch with these careful words. “Well, Ambassador Yovanovitch
represents the President of the United States here in Ukraine, and America
stands behind her statements. And I don’t see any value in my own
elaboration on what they may or may not have meant. They meant what she said.”
You can read his comments here.
that point, I had focused months of reporting on Ukraine on the U.S. government’s
relationship with a Ukraine nonprofit called the AntiCorruption Action Centre,
which was jointly funded by liberal megadonor George Soros’ charity and the
State Department. I even sent a list of questions to that nonprofit all the way
back in October 2018. It never answered.
that Soros spent millions trying to elect Hillary Clinton and defeat Donald
Trump in 2016, I thought it was a legitimate public policy question to ask
whether a State Department that is supposed to be politically neutral should be
in joint business with a partisan figure’s nonprofit entity.
officials confirmed that Soros’ foundation and the U.S. embassy jointly funded the
AntiCorruption Action Centre, and that Soros’ vocal role in Ukraine as an
anticorruption voice afforded him unique access to the State Department,
including in 2016 to the top official on Ukraine policy, Assistant Secretary of
State Victoria Nuland. (That access was confirmed
in documents later released under FOIA to Citizens United.)
representatives separately confirmed to me that the Anti-Corruption Action Centre
was the leading tip of the spear for a strategy Team Soros devised in 2014 to
fight corruption in Ukraine and that might open the door for his possible
business investment of $1 billion. You can read the Ukraine strategy
document here and Soros’ plan to invest $1 billion in Ukraine here.
After being tipped to the current Yovanovitch furor in Ukraine, I was alerted to an earlier controversy involving the same U.S. ambassador. It turns out a senior member of Congress had in spring 2018 wrote a letter to Secretary of State Mike Pompeo alleging the ambassador had made anti-Trump comments and suggesting she be recalled. I confirmed the incident with House Rules Committee Chairman Pete Sessions and got a copy of his letter, which you can read here. Yovanovitch denies any such disloyalty to Trump.
Nonetheless, I had a career diplomat and a Republican lawmaker raising similar concerns. So I turned back to the sources I had developed starting in 2018 on Ukraine and began to dig further.
learned that Ukrainian officials, particularly the country’s prosecutors,
viewed Yovanovitch as the embodiment of an activist U.S. embassy in Kiev that ruffled
feathers by meddling in internal law enforcement cases inside the country.
sources told me specifically that the U.S. embassy had pressured the Ukraine
prosecutors in 2016 to drop or avoid pursuing several cases, including one
involving the Soros-backed AntiCorruption Action Centre and two cases involving
Ukraine officials who criticized Donald Trump and his campaign manager Paul
To back up their story, my sources provided me a letterthen-embassy official George Kent wrote proving it happened. State officials authenticated the letter. And Kent recently acknowledged in this testimony he signed that letter. You can read the letter here.
With the help of a Ukrainian American intermediary and the Ukraine general prosecutor’s press office, I then secured an interview in mid-March 2016 with Ukraine’s then top prosecutor, Yuriy Lutsenko. In the interview that was videotaped and released for the whole world to see, Lutsenko alleged that in his first meeting in 2016 with Yovanovitch, the U.S. ambassador conveyed the names of several Ukrainians she did not want to see investigated and prosecuted. He called it, colloquially, a “do not prosecute list.”
State Department denied such as list, calling it a fantasy, and I quoted that
fair comment in my original stories. But before I published, I held the
Lutsenko interview for a few days to do more reporting. State arranged for me
to talk to a senior official about the Lutsenko-embassy relationship.
I provided the names that Lutsenko claimed had been cited by the embassy. That senior official said he couldn’t speak to what transpired in the specific meeting between Yovanovitch and Lutsenko. But that official then provided me this surprising confirmation: “I can confirm to you that at least some of those names are names that U.S. embassy Kiev raised with the General Prosecutor because we were concerned about retribution and unfair treatment of Ukrainians viewed as favorable to the United States.”
other words, State was confirming its own embassy had engaged in pressure on
Ukrainian prosecutors to drop certain law enforcement cases, just as Lutsenko
and other Ukrainian officials had alleged.
I asked that State official whether this was kosher with the Geneva Convention’s
prohibition on internal interference, he answered: “Kiev in recent years has
been a bit more activist and autonomous than other embassies.”
recently, George Kent, the embassy’s charge d’affaires in 2016 and now a deputy
assistant secretary of state, confirmed
in impeachment testimony that he personally signed the April 2016 letter
demanding Ukraine drop the case against the Anti-Corruption Action Centre.
also testified he was aware of pressure the U.S. embassy also applied on
Ukraine prosecutors to drop investigations against a journalist named Vitali
Shabunin, a parliamentary member named Sergey Leschenko and a senior law enforcement
official named Artem Sytnyk.
helped for the AntiCorruption Action Centre that Soros funded, and Leschenko
and Sytnyk were criticized by a
Ukrainian court for interfering in the 2016 US election by improperly releasing
or publicizing secret evidence in an ongoing case against Trump campaign
chairman Paul Manafort.
testimony speak for itself. “As a matter of conversation that
U.S officials had with Ukrainian officials in sharing our concern about the
direction of governance and the approach, harassment of civil society
activists, including Mr. Shabunin, was one of the issues we raised,” Kent
As for Sytnyk, the head of the
NABU anticorruption police, Kent addded: “We warned both Lutsenko and others
that efforts to destroy NABU as an organization, including opening up
investigations of Sytnyk, threatened to unravel a key component of our
As the story of the U.S. embassy’s pressure spread, a new controversy erupted. A Ukrainian news outlet claimed Lutsenko recanted his claim about the “do-not-prosecute” list. I called Lutsenko and he denied recanting or even changing his story. He gave me this very detailed response standing by his statements.
But American officials and news media eager to discredit my reporting piled on, many quoting the Ukrainian outlet without ever contacting Lutsenko to see if it was true. One of the American outlets that did contact Lutsenko, the New York Times, belatedly disclosed today that Lutsenko told it, like he told me, that he stood by his allegation that the ambassador had provided him names of people and groups she did not want to be targeted by prosecutors. You can read that here.
It is neither a conspiracy theory
nor a debunked or retracted story. U.S. embassy officials DID apply pressure to
try to stop Ukrainian prosecutors from pursuing certain cases.
The U.S. diplomats saw no problem
in their actions, believing that it served the American interest in combating
Ukrainian corruption. The Ukrainians viewed it far differently as an improper
intervention in the internal affairs of their country that was forbidden by the
That controversy is neither
contrived, nor trivial, and it predated any reporting that I conducted. And it
remains an issue that will need to be resolved if the Ukraine and U.S. are to
have a more fruitful alliance moving forward.
State Department official who served in the U.S. embassy in Kiev told Congress that
the Obama administration tried in 2016 to partner with the Ukrainian gas firm
that employed Hunter Biden but the project was blocked over corruption
Kent, the former charge d’affair at the Kiev embassy, said in testimony
released Thursday that the State Department’s main foreign aid agency, known
as USAID, planned to co-sponsor a clean energy project with Burisma Holdings,
the Ukrainian gas firm that employed Hunter Biden as a board member.
the time of the proposed project, Burisma was under investigation in Ukraine
for alleged corruption. Those cases were settled in late 2016 and early 2017.
Burisma contested allegations of corruption but paid a penalty for tax issues.
testified he personally intervened in mid-2016 to stop USAID’s joint project
with Burisma because American officials believed the corruption allegations
against the gas firm raised concern.
apparently was an effort for Burisma to help cosponsor, I guess, a contest that
USAID was sponsoring related to clean energy. And when I heard about it I asked
USAID to stop that sponsorship,” Kent told lawmakers.
asked why he intervened, he answered: “”Because Burisma had a poor
reputation in the business, and I didn’t think it was appropriate for the U.S.
Government to be co-sponsoring something with a company that had a bad
Kent’s testimony confirms earlier text messages I reported on in September. Those text messages show that Devon Archer — Hunter Biden’s business associate and fellow board member on Burisma — boasted to an American lawyer in December 2015 that the pair was seeking to do a project with USAID.
the time of the text, the New York Times had just reported that Burisma was
under investigation in Ukraine and that the probe and Hunter Biden’s role in
the company was undercutting Vice President Joe Biden’s efforts to root out corruption
text to the lawyer suggested he was working on a strategy to counter the “new
wave of scrutiny” about Burisma caused by the Times’ story. He stated that he had
just met at the State to discuss a new “USAID project the embassy is announcing
with us” and that it was “perfect for us to move forward now with momentum.”
stoppage of the USAID project adds to a growing body of evidence that Burisma
and its corruption issues were causing heartburn inside the State Department
during the end of Joe Biden’s tenure as Vice President.
State official has reportedly testified he tried to warn Biden’s office that
the Burisma matter posed a conflict of interest but was turned away by the vice
State memos I obtained this week under FOIA show Hunter Biden and Archer had
multiple contacts with Secretary of State John Kerry and Deputy Secretary Tony
Blinken in 2015-16, and that Burisma’s own American legal team was lobbying
State to help eliminate the corruption allegations against it in Ukraine.
Hunter Biden’s name was specifically invoked as a reason why State officials should assist, the memos show. A month after Burisma’s contact with State, Joe Biden leveraged the threat of withholding U.S. foreign aid to force Ukraine to fire its chief prosecutor, Viktor Shokin, who at the time was overseeing the Burisma probe.
Joe Biden says he forced the firing because he believed Shokin was ineffective, but Shokin says he was told he was fired because the American ice president was unhappy the prosecutor would not drop the Burisma probe.
Also on Thursday, Senate Finance Committee Chairman Charles Grassley, R-Iowa, and Senate Homeland Security and Governmental Affairs Committee Chairman Ron Johnson, R-Wis., asked the State Department to provide them all documents about Hunter Biden’s and Burisma’s contacts by end of this month.
follows calls earlier in the week by Senate Judiciary Committee chairman
Lindsey Graham, R-S.C,, that there is enough concern about the Burisma case to
now warrant an official Senate investigation.
Kent’s newly released testimony also confirmed several other
elements of my earlier reporting about Ukraine, including that the U.S. embassy
exerted pressure on Ukrainian prosecutors not to pursue certain investigations.
Kent, now a deputy assistant secretary, disputed allegations that former Ukrainian Prosecutor General Yuriy Lutsenko made in a Hill.TV interview I conducted last March that former U.S. ambassador Marie Yovanovitch gave a formal list of names she did not want to see prosecuted by Ukrainian authorities.
denial was identical to the one I published from State when I first aired the
But he confirmed that the U.S. embassy did, in fact, on several occasions exert pressure on Lutsenko’s office about people and groups that the American government did not want to see pursued for investigation or prosecution or harassment.
instance, Kent acknowledged signing an April 2016 letter that asked the Ukrainian
prosecutor’s office to stand down an investigation of several nonprofits that
had received U.S. aid, including the AntiCorruption Action Centre of Ukraine, or
also confirmed my reporting that AnTac was jointly funded by the State
Department and one of liberal megadonor George Soros’ foundations.
also acknowledged the embassy pressured Ukrainian prosecutors about backing off
investigations into a top law enforcement official named Artem Sytnyk and a
former journalist named Vitali Shabunin.
“As a matter of conversation that U.S officials had with Ukrainian officials in sharing our concern about the direction of governance and the approach, harassment of civil society activists, including Mr. Shabunin, was one of the issues we raised,” Kent testified.
As for Sytnyk, the head of the NABU anticorruption police, Kent stated: “We warned both Lutsenko and others that efforts to destroy NABU as an organization, including opening up investigations of Sytnyk, threatened to unravel a key component of our anti-corruption cooperation.”
AnTac, Shabunin and Sytnyk were all names that Lutsenko told me
had been the subject of U.S. pressure on his office.
after weeks of Democrats and their media allies suggesting it was a “conspiracy
theory” that the U.S. embassy had pressured Ukrainian authorities not to pursue
certain investigations, Kent confirmed it.
course I knew it was true all along because before I ever aired Lutsenko’s
interview, I interviewed a senior State official who confirmed the embassy had
engaged in such pressure. Now it’s time for the rest of the media to catch up.
Last month Donald Trump reset the strategic landscape in the Middle East, withdrawing U.S. troops from a lengthy war in Syria while managing to eliminate ISIS’s top leader.
The killing of the most wanted terrorist in the world, Abu Bakr Al-Baghdadi, came within a few weeks of Trump’s brokering a deal with Turkey that ended months of dead end negotiations on a so-called “safe zone.”
Those events have significantly advanced U.S. interests in the Middle East, a chess play ripped from the pages of Ronald Reagan’s peace-through-strength manual. They also could open the door to several regional deals that return refugees home and enhance stability in the region — including a new, more comprehensive, and tougher nuclear deal with Iran.
But you would have a hard time getting the whole picture from news coverage, which has been preoccupied with the U.S. “sellout” of the Kurds and how Trump’s statement on Baghdadi compared with Obama’s on Osama Bin Laden. Or the differences in the White House photos.
To appreciate the opportunity that has opened up for America in the Middle East, one must first examine the facts and correct the misleading narrative.
Trump did not “sell out” the Syrian Kurds, who have been fantastic partners in the fight against ISIS, and will continue to be. The U.S. never had a formal treaty with the Kurds. Neither President Obama nor Trump ever committed to protect the Kurds against Turkish President Recep Tayyip Erdogan or Syria’s Bashar Al-Assad. And Congress never approved a formal alliance.
That’s a fact that gets omitted by the neo-conservative policymakers and military industrial complex cheerleaders who have dominated the airwaves the last few weeks.
Second, our partnership with the Syrian Kurds has not been a one-way street: U.S. troops helped the Kurds beat back ISIS from their towns and villages. Even with the US troop withdrawal, cooperation between America and the Kurds continues, as the successful Al Baghdadi raid demonstrated. And the Syrian Kurds, no fools at all, always kept a line to Damascus, which left them able to cut their own deal after Trump withdrew troops.
Third, Turkey is a formal ally of the United States, bound to us by the essential military alliance known as NATO. In fairness, Turkey is a troublesome ally for sure, and one with whom we disagree about the Syrian Kurds. And there is compelling evidence Turkey has not complied with recent ceasefires.
It might be for both sides to ask how U.S. interests are served by sanctioning Turkey, and keeping troops in Syria, because we disagree with Erdogan about the Kurds. But where ever that debate ends, the United States chose to be bound to Turkey in ways it was never to the Kurds.
With those facts in mind, let’s examine the opportunities on the horizon.
Trump currently appears to be testing Russia’s and Turkey’s commitment to degrade and defeat ISIS and other terrorist groups remaining in Syria, while maintaining the new but fragile peace deal with the Kurds.
There are still more than 10,000 jihadists in northwest Syria, where Al Baghdadi was hiding. If Vladimir Putin and Erdogan want to risk their blood and treasure to take them out, that could save America lives and money. Why not put Turkey, Russia and Iraq to the test in battling the rest of the terrorists?
With the territorial defeat of the ‘caliphate’ and the killing of Baghdadi, ISIS and other terrorists in Syria are now orphans. Former backers of various jihadi factions in the Gulf and elsewhere aren’t getting behind these armed thugs any longer. The money is drying up, and the terrorist dead enders are increasingly isolated in the northwest city of Idlib, which is facing an imminent day of reckoning with Syrian and Russian forces.
If Putin and Erdogan fail to defeat these ISIS and Al Qaeda leftovers, Trump still holds the option to re-deploy U.S. troops, positioned nearby in Iraq and elsewhere to finish the job.
The U.S. can also stop Erdogan if he is tempted to usurp some of those battle-tested jihadists for his own sectarian agenda, as some fear.
Second, Trump is watching closely whether Putin delivers a peace deal between Syria and Turkey. This is happening, and barely covered in the press. If Turkey and Syria bury the hatchet, the 3.6 million Syrian refugees in Turkey could eventually return to their original homes — while letting Russia foot the bill for needed security. This step, while not a done deal, would be monumental toward ending the war, and should be welcomed by the international community.
Third, many in the U.S. government and outside may see this dynamic as an unacceptable concession to Assad, Iran, and Putin. But the Trump administration quietly has grabbed some powerful leverage by having U.S. troops secure the lucrative but tattered Syrian oil fields.
Syrian oil will only increase in value for future negotiations with Putin. It assures that Assad, and Iran, will continue to be boxed in by U.S. power until there is a Syrian political process that resolves Assad’s future and Iran’s use of Syrian space to threaten Israel.
Fourth, with all these moves Trump has sparked Syria’s neighbors and other regional states to work out their own issues rather than wait for U.S. intervention. Not all of these countries are ones we like, such as Iran and Syria. But the regional shuttles are flying, and Trump set them in motion.
One such deal occurred this week when the Saudi’s brokered a peace deal between Yemen’s official government and rebels fighting in the civil war in that country. Secretary of State Mike Pompeo hailed the deal on Twitter.
Fifth, Trump can continue to count on support from Israel, whose regular bombing of Iranian and Hezbollah targets in Syria also provides a needed stick. The U.S. doesn’t just have the armed Kurdish groups as an asset in Syria, we have Israel, America’s closest regional ally, as our partner too.
Sixth, an even bigger prize looms on the horizon: a better nuclear deal with Iran. This goal is important to Israel, as well as our partners in the region and around the world, and it has gained new urgency with Tehran’s announcement this week it has new advanced centrifuges to accelerate uranium enrichment.
There are other reasons why now is the time to move on Iran. The economic sanctions that Trump imposed on Tehran are having a devastating impact; the IMF projects Iran’s economic growth will contract by a stunning 9.5% this year.
Likewise, events in the region, especially in Lebanon, where a secular, anti-Iran trend is taking hold, opens the door to more comprehensive peace, which could address Israel’s concerns about the missile and terrorist threat from Hezbollah.
A carrot and stick approach that gets at the core issue, disarming Hezbollah and supporting reform minded technocratic leaders, would be best to settle Israel’s security needs long-term. Trump has the rare window to seize the moment with a big deal rather than interim steps like conditioning aid to the Lebanese Armed Forces
Nearby, a new government in Jerusalem, perhaps absent the hawkish Benjamin Netanyahu, may be more willing to engage in a fresh approach to Iran. No one doubts Trump’s commitment to Israel. This was not the case with the previous administration, and a key reason why the Iran nuclear deal and its peace plans ultimately failed.
Trump and Israel also have allies willing to help bring Iran to the negotiating table. A weakened Iran is still a proud country, but Putin, who also keeps in contact with Israel, can help. If Russia shows good faith on the Turkey-Syrian front, it could earn that seat at the table with Americans, Europeans, Israelis and Iranians.
French President Emmanuel Macron is already working the back channels, fashioning a credit lifeline of $15 billion for Iran — if it will engage in a better nuclear deal, help end Yemen’s civil war, and support regional and maritime security in the Persian Gulf.
Those are a lot of “ifs” … but none much different than when Reagan boldly dared Gorbachev to tear down the Berlin Wall. Few could imagine in June 1987 the Soviet collapse would so soon follow. But it did.
Time will tell if the Trump chess game can yield similar historic dividends in the Middle East and open the door to shrinking America’s war swollen budget deficits.
So far, Trump has maneuvered the complicated pieces — Russia, Turkey, Syria, Lebanon, and Iran – into a place where peace and security may be closer than ever.
Now he needs a team that embraces his bold approach to end endless conflict in the Middle East, rather than undercut it with leaks and tired thinking.
Such a journey begins by eliminating the false narratives that are obscuring the potential breakthroughs in the region.
in the summer of 2007, a well-respected FBI executive marched up to Capitol
Hill to assure members of Congress that the bureau had reformed and modernized
its management of human sources, more commonly known as informants.
the Attorney General and the Director have made clear their expectations that
the FBI’s Confidential Human Source Program must rise to the challenge of our
current mission, integrate fully with the broader intelligence community, and
set a standard for integrity and quality,” Assistant Director for Intelligence
Wayne M. Murphy testified.
then before subcommittee led by now-House Judiciary Committee chairman Jerrold
Nadler, Murphy laid out an impressive set of new rules governing how the FBI would
vet, share and utilize human sources, including a new manual for managing
informants and new training.
validation process will ensure every FBI source is subjected to a level of
validation and provides the capability to evaluate sources in a broader
national context and make decisions accordingly,” Murphy told the lawmakers.
years later, those reforms and the FBI’s adherence to them are coming under
renewed scrutiny after one of the bureau’s most infamous cases, the Russia
collusion investigation, relied on an overtly partisan informant with only “minimally”
valuable intelligence to secure a warrant to spy on the Trump presidential campaign
at the end of the 2016 election.
sources confirm the Justice Department inspector general is putting the finishing
touches on an investigative report raising concerns about the FBI’s maintenance
of human source validation reports, its vetting of sources and its handling of
red flags about informants.
expected to be released as early as this month, does not focus specifically on
the work of British intelligence operative Christopher Steele, whose Hillary
Clinton-funded dossier formed the cornerstone evidence the FBI used to justify
securing an October 2016 Foreign Intelligence Surveillance Act warrant
targeting ex-Trump campaign adviser Carter Page.
warrant, renewed three times, allowed the bureau to gather intelligence for
nearly a year on the Trump campaign, transition and early administration in
search of evidence they might be colluding with Russia to hijack the 2016
election or American foreign policy.
evidence was found, and only months after the probe began did the public learn
that Steele had been terminated as a source early in the investigation for
leaking and his dossier funded by Trump’s rivals at the Clinton campaign and
Democratic National Committee. Despite those warnings, Steele’s evidence continued
to be represented as credible to the courts.
Steele’s not the focus, the IG report is expected to lay out missteps, failures
and a lack of adherence to the very reforms Murphy laid out for the bureau’s
modern day informant network.
source familiar with the preliminary findings says the IG appears to have
identified a pattern of FBI agents ignoring red flags raised about sources
during the course of investigations or from other intelligence agencies.
addition, there is some concern that human source validation reports were
incomplete or outdated, the source said.
IG findings often go through revisions before the publication of a final
report, as the FBI and DOJ react to conclusions. But if the final report does
confirm the failure to adhere to red flags and vetting procedures, it is
certain to lead to new oversight in Congress, possibly by Nadler’s committee or
the Senate Judiciary Committee led by Lindsey Graham, R-S.C.
missed warning signs about Steele may ultimately be viewed and understood in a
broader context of FBI’s systemic failures to react to red flags about
I did earlier this year exposed how the FBI was alerted on Oct. 13, 2016 — eight days before Steele’s dossier was
used to support the first FISA warrant — that the FBI informant had traveled
to the State Department to brief a senior official named Kathleen Kavalec about
his investigative work on Trump.
the course of his meeting, Steele divulged he had an Election Day deadline to
get his information out, was working with the FBI and also was talking to major
news media. He also provided evidence of a widely debunked conspiracy theory
that Trump and Putin were communicating via a secret server inside Russia’s
State Department alerted the FBI to the contact. And separately, a senior
Justice Department official named Bruce Ohr warned that Steele appeared to be “desperate”
to defeat Trump in the election and likely was working in some capacity with
those red flags, the FBI proceeded to use Steele and his work to support the
FISA warrant on Oct. 21, 2016, even telling the judges the bureau had no
derogatory information about his reliability or credibility as an informant.
recently, congressional sources were briefed in a non-classified setting and
told the United States possesses information that British intelligence offered
a caution about Steele and his reliance on so-called sub-sources as early as
2015, according to an eyewitness to that briefing.
information, if corroborated and made public, could further change the
narrative about the Russia case and the FBI’s larger use of human sources.
Earlier this year, the DOJ released a highly redacted version of Steele’s own source validation report from his time working as an informant in the Russia probe. The report appears to have been completed well after Steele was deactivated on Nov. 1, 2016 for leaking to the news media because it lists database checks made in February 2017.
report makes clear the FBI only had “medium” confidence that Steele had furthered
their investigation and that his intelligence was only “minimally corroborated.”
a foundation, many experts see in retrospect, upon which the FBI should have built
one of its most sensitive counterintelligence cases in the last decade.
In recent interviews, Joe Biden has distanced himself from
his son’s work at a Ukrainian gas company that was under investigation during the
Obama years, with the former
vice president suggesting he didn’t even
know Hunter Biden served on the board of Burisma Holdings.
There is plenty of evidence that conflicts with the former vice
president’s account, including Hunter
Biden’s own story that he discussed the company once with his famous father.
There also was a December
2015 New York Times story that raised the question of whether Hunter Biden’s
role at Burisma posed a conflict of interest for the vice president, especially
when Joe Biden was leading the fight against Ukrainian corruption while Hunter
Biden’s firm was under investigation by Ukrainian prosecutors.
But whatever the Biden family recollections, the Obama State
Department clearly saw the Burisma Holdings investigation in the midst of the
2016 presidential election as a Joe Biden issue.
Memos newly released through a Freedom of Information Act
lawsuit filed by the Southeastern Legal Foundation on my behalf detail how State
officials in June 2016 worked to prepare the new U.S. ambassador to Ukraine,
Marie Yovanovitch, to handle a question about “Burisma and Hunter Biden.”
In multiple drafts of a question-and-answer
memo prepared for Yovanovitch’s Senate confirmation hearing, the department’s
Ukraine experts urged the incoming ambassador to stick to a simple answer.
“Do you have any comment on Hunter Biden, the Vice President’s
son, serving on the board of Burisma, a major Ukrainian Gas Company?,” the draft Q&A
The recommended answer for Yovanovitch: “For questions on Hunter Biden’s role in Burisma, I would refer you to Vice President Biden’s office.”
The Q&A is consistent with other information flowing out
of State. As I
reported yesterday, when a Burisma representative contacted State in February
2016 to ask for the department’s help in quashing the corruption allegations,
Hunter Biden’s role on the company’s board was prominently cited.
And a senior State Department official who testified
recently in the impeachment proceedings reportedly
told lawmakers he tried to warn the vice president’s office that Burisma
posed a conflict for Joe Biden but was turned aside.
There are no laws that would have prevented Hunter Biden
from joining Burisma, even as his father oversaw Ukraine policy for the President
And the corruption investigations launched in 2014 by British and Ukraine authorities involving Burisma and its owner Mykola Zlocvhevsky involved activities that pre-dated Hunter Biden’s arrival on the board. They were settled in late 2016 and early 2017.
Some of Biden’s media defenders have falsely suggested the investigations were dormant. They were not.
The real public interest question involves Joe Biden. Federal ethics rules require government officials to avoid even the appearance of a conflict of interest, and ethics experts I talked with say the vice president should have recused himself from issues affecting Burisma.
That became poignantly public when Biden leveraged the threat of canceling $1 billion in U.S. aid in March 2016 to get Ukraine to fire its top prosecutor, Viktor Shokin, who just happened to oversee the Burisma probe. A month before the firing, Shokin escalated the corruption probe against Burisma by seizing the company owner’s property and assets.
Shokin says he was making plans to interview Hunter Biden and insists he was fired because he refused to stand down on the Burisma probe. Joe Biden insists he prompted Shokin’s firing because he believed the prosecutor was ineffective.
There are more memos and documents to be released in the coming
months under the FOIA lawsuit I filed with the Southeastern Legal Foundation
that may shine light on what actually happened.
But one thing is already clear: long before President Trump or his attorney Rudy Giuliani began investigating Ukrainian issues, career State officials already saw Burisma as an issue for Joe Biden.
Hunter Biden and his Ukrainian gas firm colleagues had multiple
contacts with the Obama State Department during the 2016 election cycle,
including one just a month before Vice President Joe Biden forced Ukraine to
fire the prosecutor investigating his son’s company for corruption, newly
released memos show.
During that February 2016 contact, a U.S. representative for
Burisma Holdings sought a meeting with Undersecretary of State Catherine A.
Novelli to discuss ending the corruption allegations against the Ukrainian firm
where Hunter Biden worked as a board member, according to memos obtained under
a Freedom of Information Act lawsuit. (I filed that suit this summer with the
help of the public interest law firm the Southeastern Legal Foundation.)
Just three weeks before Burisma’s overture to State, Ukrainian
authorities raided the home of the oligarch who owned the gas firm and employed
Hunter Biden, a signal the long-running corruption probe was escalating in the
middle of the U.S. presidential election.
Hunter Biden’s name, in fact, was specifically invoked by the
Burisma representative as a reason the State Department should help, according
to a series of email exchanges among U.S. officials trying to arrange the
meeting. The subject line for the
email exchanges read simply “Burisma.”
“Per our conversation, Karen Tramontano of Blue Star Strategies
requested a meeting to discuss with U/S Novelli USG remarks alleging Burisma
(Ukrainian energy company) of corruption,” a
Feb. 24, 2016, email between State officials read. “She noted that two high
profile U.S. citizens are affiliated with the company (including Hunter Biden
as a board member).
“Tramontano would like to talk with U/S Novelli about getting a
better understanding of how the U.S. came to the determination that the company
is corrupt,” the email added. “According to Tramontano there is no evidence of
corruption, has been no hearing or process, and evidence to the contrary has
not been considered.”
At the time, Novelli was the most senior official overseeing
international energy issues for State. The undersecretary position, of which
there are several, is the third-highest-ranking job at State, behind the
secretary and deputy secretary. And Tramontano was a lawyer working for Blue
Star Strategies, a Washington firm that was hired by Burisma to help end a
long-running corruption investigation against the gas firm in Ukraine.
Tramontano and another Blue Star official, Sally Painter, both
alumni of Bill Clinton’s administration, worked with New York-based criminal
defense attorney John Buretta to settle the Ukraine cases in late 2016 and
2017. I wrote about their efforts previously here.
Burisma Holdings records obtained by Ukrainian prosecutors state
the gas firm made a $60,000 payment to Blue Star in November 2015.
show Tramontano was scheduled to meet Novelli on March 1, 2016, and that
State Department officials were scrambling to get answers ahead of time from the
U.S. embassy in Kiev.
The records don’t show whether the meeting actually took place.
The FOIA lawsuit is ongoing and State officials are slated to produce
additional records in the months ahead.
But the records do indicate that Hunter Biden’s fellow American
board member at Burisma, Devon Archer, secured a
meeting on March 2, 2016 with Secretary of State John Kerry. In
addition to serving on the Burisma board, Archer and Hunter Biden were partners
at an American firm known as Rosemont Seneca.
“Devon Archer coming to see S today at 3pm –
need someone to meet/greet him at C Street,” an email
from Kerry’s office manager reads. “S” is a shorthand frequently used in
State emails to describe the Secretary of State. The memos don’t state the
reason for the meeting.
Tramontano, a lawyer for Hunter Biden, Archer and Joe Biden’s
campaign did not return messages seeking comment on Monday.
In an interview with
ABC News last month, Hunter Biden said he believed he had done “nothing wrong at
all” while working with Burisma but “was it poor judgment to be in the middle of
something that is…a swamp in — in — in many ways? Yeah.”
Whatever the subject of the Archer-Kerry meeting, its existence
is certain to spark interest. That’s because Secretary Kerry’s stepson,
Christopher Heinz, had been a business partner with both Archer and Hunter
Biden at the Rosemont Seneca investment firm in the United States.
Heinz’s spokesman recently
The Washington Post that Heinz ended his relationship with Archer and Hunter
Biden partly over the Burisma matter. “The lack of judgment in this matter was a
major catalyst for Mr. Heinz ending his business relationships with Mr. Archer
and Mr. Biden,” Heinz spokesman Chris Bastardi told the newspaper
A person who assisted Blue Star and Buretta in settling the
Burisma matters in Ukraine told me in an interview that the late February 2016
overture to State was prompted by a dramatic series of events in Ukraine that included
when that country’s top prosecutor escalated a two-year probe into Burisma and
its founder, the oligarch Mykola Zlochevsky.
Zlochevsky’s gas firm hired Hunter Biden and Archer as board
members for Burisma Holdings in spring 2014, around the time that British officials
opened corruption investigations into Zlochevsky’s gas firm for actions dating
to 2010 before Hunter Biden and Archer joined the firm. Ukraine officials
opened their own corruption probe in August 2014.
A firm called Rosemont Seneca Bohai began receiving monthly
payments totaling more than $166,000 from Burisma Holdings in May 2014, bank
records show. The records show Devon Archer was listed as a custodian for the
Rosemont Seneca Bohai firm and that Hunter Biden received payments from it. You
can read those bank records here.
By early 2016 the Ukrainian investigation had advanced enough
that then-Prosecutor General Viktor Shokin authorized a court-ordered seizure
of Zlochevsky’s home and other valuables, including a luxury car. That seizure occurred
on Feb. 2, 2016, according to published reports in
The same day that the Zlochevsky seizure was announced in
Ukraine, Hunter Biden used
his Twitter account to start following Deputy Secretary of State Tony
Blinken, a longtime national security adviser to Vice President Joe Biden who
was promoted to the No. 2 job at State under Secretary John Kerry.
Within a few weeks of Tramontano’s overture to Novelli and of
Archer’s overture to Kerry, Vice President Joe Biden took a stunning action,
one that has enveloped his 2020 campaign for president in controversy.
By his own
admission in a 2018 speech, Joe Biden used the threat of withholding $1
billion in U.S. aid to strong-arm Ukraine into firing Shokin, a prosecutor that
he and his office knew was investigating Burisma.
Biden has said he forced Shokin’s firing because he and Western
allies believed the prosecutor wasn’t aggressive enough in fighting corruption.
Shokin disputes that account, telling both me and ABC
News that he was fired specifically because he would not stand down from investigating
Burisma. In fact, Shokin alleges, he was making plans to interview Hunter Biden
about his Burisma work and payments when he got the axe.
Ukraine prosecutors have said they do not believe the Bidens did
anything wrong under Ukraine law. But some of the country’s prosecutors made an
effort in 2018 to get information about Burisma to the U.S. Justice Department
because they believed American prosecutors might be interested in some activities
under U.S. law. You can read about that effort here.
Some experts and officials have been quoted
in reports saying Joe Biden’s actions created the appearance of a conflict
of interest, something all U.S. government officials are supposed to avoid. The
questions about conflicts were previously raised in a 2015 article by the New
York Times and the 2018
book Secret Empires by author Peter Schweizer.
The new evidence of contacts between Burisma, Hunter Biden and
Archer at State are certain to add a new layer of intrigue to the debate. Those
contacts span back to at least spring 2015, the new memos show.
On May 22, 2015, Hunter Biden emailed
his father’s longtime trusted aide, Blinken, with the following message: “Have
a few minutes next week to grab a cup of coffee? I know you are impossibly
busy, but would like to get your advice on a couple of things, Best, Hunter.”
the same day with an “absolutely” and added, “Look forward to seeing you.”
The records indicate the two men were scheduled to meet the
afternoon of May 27, 2015.
The State Department records also indicate Hunter Biden met
Blinken in person for lunch on July 22, 2015, when State officials gave the
name of a person to meet to help him enter the building. “He has the VIP pin
and can escort you upstairs for your lunch with Tony,” the
The emails don’t indicate whether the meeting had to do with
Burisma or one of Hunter Biden’s other interests.
But they clearly show that Hunter Biden, his business partner
and Burisma’s legal team were able to secure contacts inside the State
Department, including to one of his father’s most trusted aides, to Secretary
Kerry and to the agency’s top energy official.
The question now is: Did any of those contacts prompt further
action or have anything to do with Joe Biden’s conduct in Ukraine in March 2016
when he forced Shokin’s firing?