On July 3, the day after his pull-aside with President Zelensky in Toronto, Ambassador Volker sent a message to Ambassador Taylor emphasizing that “The key thing is to tee up a phone call w potus and then get visit nailed down.”476 Ambassador Volker told Ambassador Taylor that during the Toronto conference, he counseled the Ukrainian president about how he could “prepare for the phone call with President Trump.” Specifically, Ambassador Volker told the Ukrainian leader that President Trump “would like to hear about the investigations.” 477 In his public testimony, Ambassador Volker confirmed that he mentioned “investigations” to President Zelensky in Toronto, explaining that he was “thinking of Burisma and 2016” in raising the subject, and that his “assumption” was that Ukrainian officials also understood his reference to “investigations” to be “Burisma/2016.”478
Ambassador Volker’s efforts to prepare President Zelensky for his phone call with President Trump appear to have borne fruit. As discussed further in Chapter 5, during the July 25 call, President Zelensky expressed his openness to pursuing investigations into President Trump’s political rival, former Vice President Biden, and the conspiracy theory that Ukraine, rather than Russia, interfered in the 2016 U.S. election. President Zelensky also specifically referenced “Burisma” during the call.
Ambassadors Volker and Sondland Worked to Get Mr. Giuliani What He Needed
According to Ambassador Sondland, President Zelensky’s commitment to make a public announcement about investigations into Burisma and the 2016 election was a “prerequisite[]” for the White House meeting.479 In fact, Ambassador Sondland testified that the announcement of the investigations—and not the investigations themselves—was the price President Trump sought in exchange for a White House meeting with Ukrainian President Zelensky:
Q:
But he had to get those two investigations if that official act was going to take place, correct?
A:
He had to announce the investigations. He didn’t actually have to do them, as I understood it.
Q:
Okay. President Zelensky had to announce the two investigations the President wanted, make a public announcement, correct?
A:
Correct.480
Ambassadors Sondland and Volker understood that they needed to work with Mr. Giuliani, who was publicly pressing for the announcement of investigations that would benefit President Trump politically. As discussed in Chapter 2, Ambassador Sondland testified that the key to overcoming President Trump’s skepticism about Ukraine was satisfying the President’s personal attorney. Sondland said, “Nonetheless, based on the President’s direction, we were faced with a choice: We could abandon the efforts to schedule the White House phone call and a White House visit” or “do as President Trump had directed and ‘talk with Rudy’” because “it was the only constructive path open to us.”481
Ambassador Volker discussed his intention to contact Mr. Giuliani with Mr. Kent. Ambassador Volker explained that he intended to reach out to Mr. Giuliani because it was clear that the former mayor “had influence” with President Trump “in terms of the way the President thought of Ukraine.”482 Ukrainian officials also understood the importance of working through Mr. Giuliani, something that was underscored by his successful effort to smear and remove Ambassador Marie Yovanovitch from Kyiv in late April.483
In response to Ambassador Volker’s stated intention to reach out to Mr. Giuliani, Mr. Kent raised concerns about Mr. Giuliani’s “track record,” including “asking for a visa for a corrupt former prosecutor,” attacking Ambassador Yovanovitch, and “tweeting that the new President needs to investigate Biden and the 2016 campaign.” Mr. Kent also warned Ambassador Volker that “asking another country to investigate a prosecution for political reasons undermines our advocacy of the rule of law.”484
On July 10, Ambassador Taylor met with Ukrainian officials in Kyiv, before their Ukrainian colleagues were scheduled to meet with National Security Advisor John Bolton at the White House later that day. At the meeting in Kyiv, the Ukrainian officials expressed that they were “very concerned” because they had heard from former Prosecutor General Yuriy Lutsenko, who had learned from Mr. Giuliani, that President Trump had decided not to meet with President Zelensky.485
Ambassador Taylor texted Ambassador Volker to explain the situation and advised that he had also informed T. Ulrich Brechbuhl, Counselor of the Department of State:
Volker:
Good grief. Please tell Vadym to let the official USG representatives speak for the U.S. lutsenko has his own self-Interest here&
Taylor:
Exactly what I told them.
Taylor:
And I said that RG is a private citizen.
Taylor:
I briefed Ulrich this afternoon on this.486
Despite his text message to Ambassador Taylor that official U.S. government representatives should be allowed to “speak for the U.S.,” and notwithstanding Mr. Kent’s warnings about engaging with Mr. Giuliani, Ambassador Volker almost immediately reached out to Mr. Giuliani. Four minutes after sending the text message above, Ambassador Volker texted Mr. Giuliani to request a meeting to “update you on my conversations about Ukraine.” He told Mr. Giuliani that he believed he had “an opportunity to get you what you need.”487
One hour later, around 9:00 a.m. Eastern Time, Ambassador Volker met Ukrainian presidential aide Andriy Yermak for coffee at the Trump Hotel before they traveled down Pennsylvania Avenue to their afternoon meetings at the White House.488 Over coffee, Mr. Yermak asked Ambassador Volker to connect him to Mr. Giuliani, thus further demonstrating the Ukrainians’ understanding that satisfying Mr. Giuliani’s demands was a key to getting what they wanted from President Trump, namely the Oval Office meeting.489
July 10 White House Meetings: Ambassador Sondland Explicitly Communicated the “Prerequisite of Investigations” to Ukrainians
On July 10, during two separate meetings at the White House, Ambassador Sondland informed senior Ukrainian officials that there was a “prerequisite of investigations” before an Oval Office meeting between President Trump and President Zelensky would be scheduled.490
The first meeting took place in Ambassador Bolton’s office. NSC officials, including Ambassador Bolton’s staff responsible for Ukraine—Dr. Hill and Lt. Col. Vindman—attended, as did the Three Amigos: Secretary Perry, Ambassador Sondland, and Ambassador Volker. The Ukrainian delegation included Mr. Yermak, a senior aide to President Zelensky, and Oleksandr “Sasha” Danyliuk, the incoming Ukrainian National Security Advisor.491 The purpose of the meeting was twofold. The Ukrainians were seeking advice and assistance from Ambassador Bolton about how to “revamp” the Ukrainian National Security Council, and they were also “very anxious to set up a meeting, a first meeting between President Zelensky and our President.”492
Near the end of the meeting, the Ukrainian officials raised the scheduling of the Oval Office meeting for President Zelensky. According to Dr. Hill, Ambassador Sondland, who is “a fairly big guy, kind of leaned over” and then “blurted out: Well, we have an agreement with the [White House] Chief of Staff for a meeting if these investigations in the energy sector start.” Dr. Hill described that others in the room looked up from their notes, thinking the comment was “somewhat odd.” Ambassador Bolton “immediately stiffened” and ended the meeting. Dr. Hill recounted that Ambassador Bolton was polite but was “very abrupt. I mean, he looked at the clock as if he had, you know, suddenly another meeting and his time was up, but it was obvious he ended the meeting,” she added.493
Lt. Col. Vindman similarly testified that the meeting in Ambassador Bolt
on’s office “proceeded well” until Ukrainian officials raised the meeting between President Trump and President Zelensky. The Ukrainians stated that they considered the Oval Office meeting to be “critically important in order to solidify the support for their most important international partner.” When Ambassador Sondland mentioned Ukraine “delivering specific investigations in order to secure the meeting with the President,” Ambassador Bolton cut the meeting short.494
Although Ambassador Volker did not recall any mention of “investigations” during the July 10 meeting at his deposition,495 he later testified at his public hearing, “As I remember, the meeting [in Ambassador Bolton’s office] was essentially over when Ambassador Sondland made a general comment about investigations. I think all of us thought it was inappropriate” and “not what we should be talking about.”496
After Ambassador Bolton ended the meeting in his office, Ambassador Sondland “went out into the office in front of Ambassador Bolton” and made “unusual” arrangements for the Ukrainians, Ambassador Volker, Secretary Perry, and others to go to a second meeting in the Ward Room of the White House, located near the secure spaces of the White House Situation Room. As Dr. Hill described it, the purpose of the Ward Room meeting was “to talk to the Ukrainians about next steps” regarding the Oval Office meeting for President Zelensky.497 As Dr. Hill was leaving Ambassador Bolton’s office, he pulled her aside and directed her to attend the Ward Room meeting to “find out what they’re talking about and come back” and report to him. Dr. Hill followed his instruction.498
During the Ward Room meeting, which occurred after a brief photo opportunity outside the West Wing, Ambassador Sondland was more explicit in pressing the Ukrainians to undertake the investigations in order to secure an Oval Office meeting for President Zelensky. Lt. Col. Vindman testified that when the group entered the Ward Room, Ambassador Sondland began to “review what the deliverable would be in order to get the meeting,” and that “to the best of my recollection, he did specifically say ‘investigation of the Bidens.’” Lt. Col. Vindman said the request “was explicit. There was no ambiguity” and that Ambassador Sondland also mentioned “Burisma.”499
Dr. Hill entered the Ward Room as the discussion was underway. She testified that “Ambassador Sondland, in front of the Ukrainians, as I came in, was talking about how he had an agreement with Chief of Staff Mulvaney for a meeting with the Ukrainians if they were going to go forward with investigations. And my director for Ukraine [Lt. Col. Vindman] was looking completely alarmed.”500 Dr. Hill recalled that Ambassador Sondland mentioned “Burisma” in the presence of the Ukrainians, in response to which Mr. Danyliuk also appeared “very alarmed” and as if he did not know what was happening.501
Dr. Hill confronted Ambassador Sondland, informing him that Ambassador Bolton had sent her there to ensure that the U.S. officials did not commit “at this particular juncture” to a meeting between President Trump and President Zelensky. Ambassador Sondland responded that he and the Ukrainians already had an agreement that the meeting would go forward.502 At Dr. Hill’s urging, however, Ambassador Sondland excused the Ukrainian officials, who moved into the corridor near the White House Situation Room.
Dr. Hill then told Ambassador Sondland: “Look, I don’t know what’s going on here, but Ambassador Bolton wants to make it very clear that we have to talk about, you know, how are we going to set up this meeting. It has to go through proper procedures.” Lt. Col. Vindman relayed his own concerns to Ambassador Sondland in the Ward Room.503 He explained that “the request to investigate the Bidens and his son had nothing to do with national security, and that such investigations were not something that the NSC was going to get involved in or push.”504
Ambassador Sondland responded that he had had conversations with Mr. Mulvaney and he also mentioned Mr. Giuliani. Lt. Col. Vindman confirmed that Ambassador Sondland described an agreement he had with Mr. Mulvaney about the Oval Office meeting: “I heard him say that this had been coordinated with White House Chief of Staff Mr. Mick Mulvaney…He just said that he had had a conversation with Mr. Mulvaney, and this is what was required in order to get a meeting.”505 Dr. Hill then cut the conversation short because she “didn’t want to get further into this discussion at all.” She testified that Ambassador Sondland “was clearly annoyed with this, but then, you know, he moved off. He said he had other meetings.”506
Later on July 10, when Ambassador Taylor asked Ambassador Volker how the meetings went with the Ukrainian officials and whether they had resulted in a decision on a presidential call, Ambassador Volker replied: “Not good—lets talk.”507
Following the July 10 White House meetings, Mr. Yermak followed up with Ambassador Volker by text message: “Thank you for meeting and your clear and very logical position. Will be great meet with you before my departure and discuss. I feel that the key for many things is Rudi and I ready to talk with him at any time.”508
Concerned Officials Reported Details of This “Drug Deal” to White House Lawyers
After the Ward Room meeting, Dr. Hill returned to Ambassador Bolton’s office and relayed what she had just witnessed. Ambassador Bolton was “very angry” and instructed her to report the conversation to John Eisenberg, Deputy Counsel to the President for National Security Affairs and the Legal Advisor to the National Security Council:
And he told me, and this is a direct quote from Ambassador Bolton: You go and tell Eisenberg that I am not part of whatever drug deal Sondland and Mulvaney are cooking up on this, and you go and tell him what you’ve heard and what I’ve said.509
Dr. Hill explained that “drug deal” referred to Ambassador Sondland’s and Mr. Mulvaney’s conditioning of a White House meeting on investigations.510 By this point, Dr. Hill explained, it was clear that investigations were “code, at least, for Burisma. Because that had been mentioned, you know, in the course of Mr. Giuliani’s appearances on television.”511 Numerous U.S. officials, including Ambassadors Sondland, Volker, and Bolton, as well as Lt. Col. Vindman and others, were well aware of Mr. Giuliani’s efforts to push Ukraine to pursue these political investigations.
Following the meeting with Ambassador Bolton, Dr. Hill reported what had occurred to Mr. Eisenberg. She conveyed to Mr. Eisenberg the details of the two meetings, including Ambassador Sondland’s agreement with Mr. Mulvaney to provide the White House meeting if Ukraine agreed to pursue the investigations.512 The initial conversation between Dr. Hill and Mr. Eisenberg was brief, and they scheduled a longer discussion for the next day.513
On July 11, Dr. Hill enlisted another NSC official who attended the July 10 meetings, Senior Director for International Energy and Environment P. Wells Griffith, to attend the longer discussion with Mr. Eisenberg.514 Dr. Hill and Mr. Griffith went over the events of July 10 and further explained that Ambassador Sondland said that he had been communicating with Mr. Giuliani. Mr. Eisenberg was “very concerned” and stated that he would follow up. Dr. Hill understood that Mr. Eisenberg later discussed the issue with his “reporting authority,” specifically, White House Counsel Pat Cipollone.515
Lt. Col. Vindman separately reported his concerns about the July 10 meetings to Mr. Eisenberg. He told Mr. Eisenberg that Ambassador Sondland had asked for investigations into “Bidens and Burisma,” which he thought was “inappropriate.”516 Lt. Col. Vindman also reported that the investigation “Mr. Giuliani was pushing was now being pulled into a, you know, national security dialogue.”517 Mr. Eisenberg said that he would look into it and invited Lt. Col. Vindman to return if any further concerns arose. No one from the of the White House Counsel’s Office, however, followed up with Lt. Col. Vindman on this issue.518
Dr. Hill and Lt. Col. Vindman discussed their reactions and alarm about the July 10 discussions with each other. They both believed that Ambassador Sondland’s statements were inappropriate and “had nothing to do with national security,” and that they would not get involved with the scheme.519 On Jul
y 19, they also shared their concerns about Ambassador Sondland’s comments during the July 10 meetings with Ambassador Taylor.520
Ambassador Sondland Coached President Zelensky on Investigations and Kept Senior White House and State Department Officials “In the Loop”
In mid-July, Dr. Hill was preparing to depart the NSC and transitioning her role to Timothy Morrison, who had been serving in another role at the NSC.521 On July 13, Ambassador Sondland emailed Mr. Morrison, explaining that the “[s]ole purpose” of a presidential call was for President Zelensky to assure President Trump that, “Corruption ending, unbundling moving forward and any hampered investigations will be allowed to move forward transparently.” In exchange, Ambassador Sondland wrote, the “Goal is for Potus to invite him to Oval. Volker, Perry, Bolton and I strongly recommend.”522 Later that evening, Mr. Morrison responded, “Thank you. Tracking.”523
On July 19, a little over a week after the July 10 meetings at the White House, Ambassador Sondland spoke directly to President Zelensky about the upcoming call between the two presidents: “It was a short call. I think I said: It looks like your call is finally on, and I think it’s important that you, you know, give President Trump—he wanted this—some kind of a statement about corruption.”524
Following his call with President Zelensky, Ambassador Sondland emailed several senior Trump Administration officials, including Mr. Mulvaney, Secretary of State Michael Pompeo, Secretary Perry, and their staffs. The subject line of the July 19 email read: “I Talked to Zelensky just now.” Ambassador Sondland wrote:
He is prepared to receive Potus’ call. Will assure him that he intends to run a fully transparent investigation and will “turn over every stone”. He would greatly appreciate a call prior to Sunday so that he can put out some media about a “friendly and productive call” (no details) prior to Ukraine election on Sunday.525
The Impeachment Report Page 15