Malcolm Nance Files
There are two laws or articles of our Constitution to keep in mind as you read through what we know of John Bolton's new book arriving next week night Nationwide I want you to think about both the emoluments clause of the presidency and the Logan act a law which criminalizes negotiation by any unauthorized citizen with foreign governments having a dispute with the United States. Think about foreign relations during the Trump administration and I'm confident you'll understand as you read through these next two articles.
The word "emolument" has a broad meaning. At the time of the Founding, it meant "profit," "benefit," or "advantage" of any kind. Because of the "sweeping and unqualified" nature of the constitutional prohibition, and in light of the more sophisticated understanding of conflicts of interest that developed after the Richard Nixon presidency, most modern presidents have chosen to eliminate any risk of conflict of interest that may arise by choosing to vest their assets into a blind trust. As the Office of Legal Counsel has advised, the Constitution is violated when the holder of an "Office of Profit or Trust",Any received money from a partnership or similar entity in which he has a stake, and the amount he receives is "a function of the amount paid to the [entity] by the foreign government. This is because such a setup would allow the entity to "in effect be a conduit for that government," and so the government official would be exposed to possible "undue influence and corruption by [the] foreign government. The Department of Defense has expressly held that "this same rationale applies to distributions from limited liability corporations."[
The Logan Act (1 Stat. 613, 18 U.S.C. § 953, enacted January 30, 1799) is a United States federal law that criminalizes negotiation by unauthorized American citizens with foreign governments having a dispute with the United States. The intent behind the Act is to prevent unauthorized negotiations from undermining the government's position.[2] The Act was passed following George Logan's unauthorized negotiations with France in 1798, and was signed into law by President John Adams on January 30, 1799. The Act was amended in 1994, changing the penalty for violation from "fined $5,000" to "fined under this title"; this appears to be the only amendment to the Act.[2] Violation of the Logan Act is a felony.
summary: John Bolton told his national security adviser in August that he wanted to continue freezing $391 million in security assistance to Ukraine until officials there helped with investigations into Democrats including the Bidens, according to an unpublished manuscript by the former adviser, John R. Bolton.
MNF note:John Bolton’s book highlights Trump’s dealings with China and Turkey. Think about this pair of countries and how our shoulders were forced to leave as Turkey's shoulders moved in. Our soldiers were ordered to guard private companies oil wells. The Kurds were forced to defend and leave their centuries old homeland.
The president’s statement as described by Mr. Bolton could undercut a key element of his impeachment defense: that the holdup in aid was separate from Mr. Trump’s requests that Ukraine announce investigations into his perceived enemies, including former Vice President Joseph R. Biden Jr. and his son Hunter Biden, who had worked for a Ukrainian energy firm while his father was in office.
Mr. Bolton’s explosive account of the matter at the center of Mr. Trump’s impeachment trial, the third in American history, was included in drafts of a manuscript he has circulated in recent weeks to close associates. He also sent a draft to the White House for a standard review process for some current and former administration officials who write books.
Multiple people described Mr. Bolton’s account of the Ukraine affair.
The book presents an outline of what Mr. Bolton might testify to if he is called as a witness in the Senate impeachment trial, the people said. The White House could use the pre-publication review process, which has no set time frame, to delay or even kill the book’s publication or omit key passages.
Just after midnight on Monday, Mr. Trump denied telling Mr. Bolton that the aid was tied to investigations. “If John Bolton said this, it was only to sell a book,” he wrote on Twitter, reprising his argument that the Ukrainians themselves felt “no pressure” and falsely asserting that the aid was released ahead of schedule.
Over dozens of pages, Mr. Bolton described how the Ukraine affair unfolded over several months until he departed the White House in September. He described not only the president’s private disparagement of Ukraine but also new details about senior cabinet officials who have publicly tried to sidestep involvement.
For example, Secretary of State Mike Pompeo acknowledged privately that there was no basis to claims by the president’s lawyer Rudolph W. Giuliani that the ambassador to Ukraine was corrupt and believed Mr. Giuliani may have been acting on behalf of other clients, Mr. Bolton wrote.
Mr. Bolton also said that after the president’s July phone call with the president of Ukraine, he raised with Attorney General William P. Barr his concerns about Mr. Giuliani, who was pursuing a shadow Ukraine policy encouraged by the president, and told Mr. Barr that the president had mentioned him on the call. A spokeswoman for Mr. Barr denied that he learned of the call from Mr. Bolton; the Justice Department has said he learned about it only in mid-August.
And the acting White House chief of staff, Mick Mulvaney, was present for at least one phone call where the president and Mr. Giuliani discussed the ambassador, Mr. Bolton wrote. Mr. Mulvaney has told associates he would always step away when the president spoke with his lawyer to protect their attorney-client privilege.__