association between the E.U. and Ukraine.[1] The Agreement was entered into with the intent of Ukraine committing to gradually conform to E.U. technical and consumer standards.
State Department witnesses called by the Democrats during the impeachment inquiry confirmed Ukraine's reputation for corruption. Deputy Assistant Secretary of State George Kent described Ukraine's corruption problem as "serious" and said corruption has long been "part of the high-level dialogue" between the United States and Ukraine.[2] Ambassador Bill Taylor said corruption in Ukraine is a "big issue."[3] Ambassador Kurt Volker testified that "Ukraine has a long history of pervasive corruption throughout the economy[,] throughout the country, and it has been incredibly difficult for Ukraine as a country to deal with this, to investigate it, to prosecute it."[4] He later elaborated:
Ukraine had for decades a reputation of being just a corrupt place. There are a handful of people who own a disproportionate amount of the economy. Oligarchs, they use corruption as kind of the coin of the realm to get what they want, including influencing the Parliament, the judiciary, the government, state-owned industries. And so businessmen generally don't want to invest in Ukraine, even to this day, because they just fear that it's a horrible environment to be working in, and they don't want to put—expose themselves to that risk. I would have to believe that President Trump would be aware of that general climate.[5]
2. President Trump has a deep-seated, genuine, and reasonable skepticism of Ukraine due to its history of pervasive corruption.
Multiple Democrat witnesses offered firsthand testimony of President Trump's skeptical view of Ukraine, as far back as September 2017. Ambassador Volker explained: "President Trump demonstrated that he had a very deeply rooted negative view of Ukraine based on past corruption. And that's a reasonable position. Most people who would know anything about Ukraine would think that."[6] He elaborated that the President's concern about Ukraine was genuine,[7] and that this concern contributed to a delay in the meeting with President Zelensky. He explained:
- ↑ E.U.-Ukraine Ass'n Agreement, art. 14, Mar. 21, 2014, 57 Off. J. of the E.U. L161/3 ("In their cooperation on justice, freedom and security, the Parties shall attach particular importance to the consolidation of the rule of law and the reinforcement of institutions at all levels in the areas of administration in general and law enforcement and the administration of justice in particular. Cooperation will, in particular, aim at strengthening the judiciary, improving its efficiency, safeguarding its independence and impartiality, and combating corruption. Respect for human rights and fundamental freedoms will guide all cooperation on justice, freedom and security.").
- ↑ Kent deposition, supra note 65 at 105, 151.
- ↑ Taylor deposition, supra note 47, at 86.
- ↑ Volker transcribed interview, supra note 60, at 76.
- ↑ Id. at 148-49.
- ↑ Id. at 30.
- ↑ Id. at 295.
16
