Critical Rights and Rule-of-Law Concern

Ukraine Quid Pro Quo: Withheld $391 Million in Military Aid to Extort Investigation of Biden

Ukraine had been under Russian military pressure since 2014. The $391 million in security assistance — congressionally appropriated bipartisan aid that had nothing to do with Biden — was withheld by Trump's Office of Management and Budget while the White House sought a Ukrainian announcement of investigations. The July 25 call between Trump and Zelensky documented the pressure: Trump told Zelensky he needed a 'favor' — an investigation of the 2016 election and of Biden — before the U.S. would proceed. A White House national security official filed a whistleblower complaint. The aid was eventually released in September 2019 after the whistleblower complaint became public.

Overview

Ukraine was at war. Russian forces had occupied Crimea since 2014 and were supporting a separatist conflict in eastern Ukraine. The $391 million in military assistance — Javelin anti-tank missiles, ammunition, training support — was not an abstraction. It was the material of defense against an ongoing military conflict.

Trump held the money while his personal attorney, Rudy Giuliani, was conducting a pressure campaign on Ukrainian officials to announce investigations that would help Trump's re-election campaign.

The Call

The White House released a summary of the July 25 call — not a full transcript, but a reconstruction. It was enough. Trump's words were in the document: "I would like you to do us a favor though." The "favor" preceded any discussion of releasing the aid.

This is what quid pro quo means. You get the thing you want after you do the thing we want. The summary — released by the White House to contain the story — became the central evidence of its own undoing.

Mulvaney's Admission

Acting Chief of Staff Mick Mulvaney was asked at a press conference whether the aid had been withheld for political reasons. He said yes. He said get over it. He then tried to walk the statement back, claiming he had been misunderstood. The press conference had been recorded.

The GAO Finding

The Government Accountability Office — the nonpartisan congressional watchdog — found that withholding the congressionally appropriated assistance violated the Impoundment Control Act. This was not a partisan finding. It was a legal conclusion about the president's authority to unilaterally withhold funds Congress had approved.

Romney

Mitt Romney was the only Republican senator to vote to convict. He wept on the Senate floor. He said his faith required him to vote his conscience. He knew what the political consequences would be.

He voted to convict anyway.

Timeline

Sequence of events

  1. Ukraine military aid hold begins

    The Office of Management and Budget notifies relevant agencies to hold the $391 million in Ukraine security assistance. Congressional staff become aware of the hold; Ukraine has not been informed of the reason.

  2. Trump-Zelensky call — 'I need you to do us a favor'

    Trump calls Ukrainian President Zelensky. He tells Zelensky he needs a 'favor' before the U.S. can proceed with military aid: an investigation of CrowdStrike and an investigation of Biden. Zelensky responds positively without explicitly committing.

  3. Whistleblower complaint filed

    A White House national security official files a formal whistleblower complaint with the Intelligence Community Inspector General describing the July 25 call and the quid pro quo. The ICIG finds the complaint credible and urgent.

  4. Aid released after whistleblower story breaks

    The Ukraine military aid is released after news reports about the whistleblower complaint become public. The aid was released under congressional pressure; its withholding had lasted approximately 55 days.

  5. House impeaches Trump on abuse of power and obstruction

    The House votes to impeach Trump on two articles: abuse of power (230-197) and obstruction of Congress (229-198). No Republicans vote to impeach on either article.

  6. Senate acquits — Romney votes to convict

    The Senate acquits Trump on both articles largely along party lines. Mitt Romney votes to convict on the abuse of power article — the only Republican senator to do so and the first senator in U.S. history to vote to convict a president of his own party.

Sources

  1. Read the Transcript: Trump's Call With Ukraine's President — The New York Times
  2. Trump impeached by House for Ukraine quid pro quo — The Washington Post
  3. GAO Decision — Withholding Ukraine security assistance violated Impoundment Control Act — Government Accountability Office
  4. Trump impeached by House in first Ukraine trial — The Associated Press

Verification

Publication provenance

Related records

Updated February 5, 2020 Rule of Law
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