The Favor

Transcript

The episode as narrated, with years shown as numerals. Archival tape is quoted from the official record.

0:00 Cold open: the news conference

That's Donald Trump in New York, on September 25, 2019. A reporter had asked whether it was appropriate to ask a foreign leader for information about a political rival. He answered with accusations of his own, about Joe Biden and about Democratic senators. That same day, the White House released its record of his July call with Ukraine's president.

Welcome to The Dirtpile. One scandal at a time. File one: The Favor.

0:38 The call

On July 25, 2019, Trump spoke with Ukraine's new president, Volodymyr Zelensky. The record is a memorandum, not a recording or a verbatim transcript. It reflects officials' notes and recollections. In it, Zelensky talks about buying more American Javelin anti-tank missiles.

Then Trump asks him for a favor. First comes a theory involving Ukraine, the 2016 election, and the cybersecurity company CrowdStrike. Later, he raises Joe Biden and Biden's son, Hunter, and asks Zelensky to look into it. He also proposes contact with Rudy Giuliani, his personal lawyer, and Attorney General William Barr.

The memorandum does not establish that Barr took part.

1:21 The held assistance

Around the time of the call, American security assistance for Ukraine was being held back. And Biden was seeking the Democratic nomination to challenge Trump in 2020. Where does the country's business end, and the president's personal interest begin? Later in that news conference, a reporter pressed a version of that question.

He said what he was looking for was corruption.

1:59 The House inquiry

House investigators looked at what came before and after the call. The Democratic-led inquiry concluded Trump used official powers to seek investigations that would benefit his reelection. That was a congressional finding, not a criminal conviction. Republicans on the committee disputed it.

They argued Trump was concerned about corruption and foreign-aid burdens. They cited Zelensky's public statements denying pressure. And they noted the aid was released without the requested investigations.

2:28 The GAO decision

Was holding back the money lawful? On January 16, 2020, the Government Accountability Office issued a legal decision. It covered about two hundred fourteen million dollars in Defense Department funds, not the entire aid package. GAO found the Office of Management and Budget withheld the funds for a policy reason, violating the Impoundment Control Act.

OMB disagreed. The decision did not address Trump's motive, establish a crime, or resolve impeachment.

2:57 Impeachment and acquittal

The House had already impeached Trump, on December 18, 2019, for abuse of power and obstruction of Congress. On February 5, 2020, the Senate acquitted him on both. On abuse of power, forty-eight guilty, fifty-two not guilty. On obstruction, forty-seven guilty, fifty-three not guilty.

Neither reached the two-thirds needed to convict. Trump remained in office.

3:25 Side by side

The record leaves these side by side. The requests in the memorandum. The held assistance. The inquiry's conclusion, and the minority's objections.

GAO's finding, and OMB's disagreement. An impeachment, and an acquittal.

3:44 Our question

Here's our own question, not an official finding. When an administration holds back money Congress approved, how fast does Congress find out, and what can it do? This is The Dirtpile. One scandal at a time.