Over the weekend, Rudy Giuliani, acting as Trump's personally lawyer, appeared on Fox News brandishing a print-out from a website that disseminates conservative conspiracy theories, hopelesslypartisan.com. Giuliani claimed that he had evidence of Joe Biden's corruption that was better than a whistleblower, namely affidavits. Intrigued, I did some research, and found an affidavit filed in an Austrian court by none other than the former Ukrainian Prosecutor General at issue in this debacle, Viktor Shokin. After reading the affidavit, and doing more research on its context, I came away even more convinced that Trump and Giuliani are grasping at straws in an effort to throw mud at a political opponent. Specifically, Trump's entire defense rests on self-serving affidavit from a Ukrainian Prosecutor General known for protecting corrupt Ukrainian oligarchs and politicians who favor Russia's involvement in Ukrainian affairs.
Viktor Shokin was the Prosecutor General serving under Ukrainian President Petro Poroshenko during the Obama Administration. At the time, the Ukrainian economy was plagued with oligarchs, allegedly willing to commit crimes such as money laundering and tax evasion. In addition, some of these oligarchs had contacts with Russian officials, and even favored Russian interference in Ukrainian politics.
One such Ukrainian oligarch was Dmitry Firtash. As a businessman, Firtash was accused of funneling money from the Russian natural gas company, Gazprom, into the campaigns of pro-Russian Ukrainian politicians. He has also been alleged to have engaged in shady business practices. The United States had charged that Firtash obtained a license to extract titanium from India with about $18.5 million in bribes.
The Ukrainian people eventually grew tired of corrupt businessmen and politicians. In 2014, a revolution occurred in Ukraine against those in power who were permitting Russian interference in Ukrainian affairs. It was due to that revolution that many Ukrainian oligarchs and corrupt politicians fled Ukraine, in some instances seeking protection in Russia
Firtash was one of those oligarch who fled Ukraine in 2014. He was eventually arrested in Austria. With the charge of bribery hanging over him, the Austrian courts considered whether to extradite Firtash to the United States for trial.
This is where Viktor Shokin comes in. Shokin filed an affidavit in the Austrian court in support of Firtash, arguing that Firtash should not be extradited to the United States. By this time, Shokin had been fired as the Prosecutor General of Ukraine. Shokin's affidavit was mostly self-serving, blaming U.S. Vide President Joe Biden for his predicament, but without pointing to any specific facts to show that Biden engaged in any wrong-doing.
The United States, and much of Western Europe, wanted Ukraine to clean up rampant corruption in the country, which included the domination of the economy by powerful oligarchs, such as Firtash. However, Shokin stood in the way of cleaning up that corruption, as he dragged his feet in investigations. In his affidavit, for example, Shokin expressed his dismay that Firtash might be detained if he returned to Ukraine, because Shokin was not aware of any crime Firtash had committed. Shokin alleged that the United States had no evidence that Firtash committed a crime, and the true U.S. motive was simply to prevent him from entering public life in Ukraine. The implication of Shokin's allegations was that the United States was being politically motivated. Namely, Shokin was supporting Firtash and his preference that Russia wield a strong influence over Ukraine, and not that Ukraine turn toward the West.
It is at this point that Shokin claims that his dismissal as Prosecutor General was due to interference by Joe Biden. Biden's son, Hunter, sat on the Board of Burism, a Ukrainian gas company Shokin asserted that he was investigation. However, those who served under Shokin have confirmed that the investigation into Burisma, and its founder, Mykola Zlochevsky, had been stalled for quite some time when Shokin gave his affidavit.
By letting the investigation against Burisma and Zlochevksy remain dormant, Shokin was once again showing his inclination to protect the very oligarchs responsible for corruption present in both the Ukrainian economy and political system.
Zlochevsky served as a government official during the administration of Ukrainian President Viktor Yanukovych. Yanukovych, known for favoring close connections between Ukraine and Russia, fled Ukraine during the 2014 revolution, and is currently living in exile in Russia. He is wanted by Ukraine on charges of high treason. Likewise, Zlochevsky fled Russian in 2014 amid charges of self-enrichment while serving in the Ukrainian Government. He has also been charged with tax evasion.
Once Zlovchesky fled Ukraine, the leadership of Burisma decided that they wanted to recreate the company's public image to put as much distance between the allegedly corrupt Zlovchesky and the company. Burisma invited Hunter Biden and his business partner, Devon Archer, to sit on the company's Board. (Trump and his allies circulated a photograph claiming it shows Joe Biden posing with a Burisma company boss. It turns out that the photograph showed Joe and Hunter playing golf with Archer in the Hamptons in 2014. Archer and Hunter Biden were partners in a consulting firm called Romsemont Seneca Partners.) Burisma also invited former President of Poland, Aleksander Kwasniewski to be on its Board. All of the activity that was subject to the investigation occurred before Hunter Biden was invited to join the Board, and concerned Zlovchesky's behavior. Indeed, Joe Biden wanted the investigation of Burisma restarted, which would have been contrary to the interests of his son, Hunter.
Thus, Giuliani's "evidence" against the Bidens, which is Shokin's affidavit, is completely unreliable.
There are at least two instances where Shokin, as Ukraine's Prosecutor General, inhibited the investigation and potential prosecution of alleged Ukrainian oligarchs for corruption (Firtash and Zlochevsky). He even came to the aid of Firtash in an attempt to prevent his extradition to the United States to stand trial for bribery. Shokin wold of course have reason to deflect from his own misfeasance in office, and attempt to pin the blame for his dismissal on Joe Biden.
Yet, Shokin's story has been peddled by conservative websites specializing in spreading outrageous conspiracy theories, either with very little evidence of wrongdoing, or which fail to consider the reliability of sources of those theories.
The fact still remains that Trump has admitted publicly that he asked for Ukraine's assistance in digging up dirt against a political rival. It is a fact confirmed by the memorandum of the telephone call between Trump and recently elected Ukrainian President Volodymyr Zelensky. Trump's effort to deflect from his own illegal behavior falls short of credibility when the facts and context behind the effort to eradicate corruption in Ukraine dating back to the Obama Administration are revealed. Trump is simply hoping his supporters will accept the superficial accusations against Biden, without critically considering the source of those accusations.
By: William J. Kovatch, Jr.
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