Secretary Perry responded that Mr. Mulvaney had confirmed a call would be set up “for tomorrow by NSC,”526 and Mr. Mulvaney also responded to confirm that he had asked the NSC to set up the call between the presidents for the following day, July 20.527
Ambassador Sondland explained that this email chain showed that “[e]veryone was in the loop” regarding his discussions with Ukrainian officials about the need for the Ukrainian leader to confirm to President Trump that he would announce the investigations. As Ambassador Sondland further testified:
It was no secret. Everyone was informed via email on July 19th, days before the Presidential call. As I communicated to the team, I told President Zelensky in advance that assurances to run a fully transparent investigation and turn over every stone were necessary in his call with President Trump.528
Call records reviewed by the Committees show repeated contact between Ambassador Sondland and the White House around this time. For example, on July 19, at 10:43 a.m. Eastern Time, a number associated with the White House dialed Ambassador Sondland. Four minutes later, at 10:47 a.m., Ambassador Sondland called a White House phone number and connected for approximately seven minutes.529
Later in the afternoon of July 19, Ambassador Sondland texted Ambassadors Volker and Taylor: “Looks like Potus call tomorrow. I spike [sic] directly to Zelensky and gave him a full briefing. He’s got it.”530 Ambassador Volker replied: “Good. Had breakfast with Rudy this morning—teeing up call w Yermak Monday. Must have helped. Most impt is for Zelensky to say that he will help investigation—and address any specific personnel issues—if there are any.”531
Mr. Giuliani Met with State Department Officials and Ukrainian Government Officials
As Ambassador Volker informed Ambassador Sondland in the above text message, on July 19, Ambassador Volker met Mr. Giuliani and his now-indicted associate Lev Parnas for breakfast at the Trump Hotel in Washington, D.C.532 Ambassador Volker also texted Mr. Yermak to inform him that he and Mr. Giuliani were meeting that day: “Having our long anticipated breakfast today—will let you know and try to connect you directly.”533
During the breakfast, Mr. Giuliani and Ambassador Volker discussed the discredited allegations against former Vice President Biden relating to Ukraine. Ambassador Volker testified that he pushed back against the allegations during his breakfast with Mr. Giuliani:
One of the things that I said in that breakfast that I had with Mr. Giuliani, the only time Vice President Biden was ever discussed with me, and he was repeating—he wasn’t making an accusation and he wasn’t seeking an investigation—but he was repeating all of the things that were in the media that we talked about earlier about, you know, firing the prosecutor general and his son being on the company and all that.
And I said to Rudy in that breakfast the first time we sat down to talk that it is simply not credible to me that Joe Biden would be influenced in his duties as Vice President by money or things for his son or anything like that. I’ve known him a long time, he’s a person of integrity, and that’s not credible.534
Ambassador Volker further advised Mr. Giuliani during the breakfast that the then-Ukrainian Prosecutor General, Yuriy Lutsenko, was promoting a “self-serving narrative to preserve himself in power.” Mr. Giuliani agreed with Ambassador Volker and stated that he had come to that conclusion as well.535
Following the breakfast, Ambassador Volker connected Mr. Giuliani with Mr. Yermak by text message:
Volker:
Mr Mayor — really enjoyed breakfast this morning. As discussed, connecting you here with Andrey Yermak, who is very close to President Zelensky. I suggest we schedule a call together on Monday — maybe 10am or 11am Washington time? Kurt
Giuliani:
Monday 10 to 11
Yermak:
Ok, thank you
Volker:
I will set up call — 10 am — thanks – Kurt
Yermak:
536
On the morning of July 22, Mr. Yermak texted Ambassador Volker about the upcoming call with Mr. Giuliani, writing that it was “very good” that their discussion would take place before the call between President Trump and President Zelensky.537 Later that day, the three men spoke by phone. Ambassador Volker described the July 22 discussion as merely an “introductory phone call,”538 although phone records indicate that the call lasted for approximately 38 minutes.539
Ambassador Volker testified that during the call, Mr. Giuliani and Mr. Yermak discussed plans for an in-person meeting in Madrid in early August.540 Afterward, Ambassador Volker texted Mr. Yermak that he thought the call had been “very useful” and recommended that Mr. Yermak send Mr. Giuliani a text message to schedule a date for the Madrid meeting.541 Mr. Yermak texted Mr. Giuliani later that day about a plan to “take this relationship to a new level” and to meet in person as soon as possible.542
Later on July 22, Ambassador Volker updated Ambassador Sondland on the “great call” he “[o]rchestrated” between Mr. Giuliani and Mr. Yermak, noting that “Rudy is now advocating for phone call,” an apparent reference to the call between President Trump and President Zelensky that would occur on July 25. Ambassador Volker also recommended that Ambassador Sondland inform Mr. Mulvaney that “Rudy agrees,” and that he planned to convey the same information to Ambassador Bolton. Ambassador Sondland replied that Mr. Morrison of the White House NSC was also in support of the call.543 Ambassador Volker also told Ambassador Sondland that Mr. Giuliani and Mr. Yermak would meet in person in Madrid within a couple of weeks.544
President Zelensky Feared Becoming “A Pawn” in U.S. Reelection Campaign
Around this time, senior Ukrainian officials informed U.S. officials that the new Ukrainian president did not want Ukraine to become enmeshed in U.S. domestic reelection politics.
On July 20, Ambassador Taylor spoke with Mr. Danyliuk, the Ukrainian national security advisor, who conveyed that President Zelensky “did not want to be used as a pawn in a U.S. reelection campaign.” 545 Ambassador Taylor discussed President Zelensky’s concern with Ambassador Volker and, the next day, texted Ambassador Sondland:
Taylor:
Gordon, one thing Kurt and I talked about yesterday was Sasha Danyliuk’s point that President Zelenskyy is sensitive about Ukraine being taken seriously, not merely as an instrument in Washington domestic, reelection politics.
Sondland:
Absolutely, but we need to get the conversation started and the relationship built, irrespective of the pretext. I am worried about the alternative.546
Ambassador Taylor explained that his reference to “Washington domestic reelection politics” was “a reference to the investigations that Mr. Giuliani wanted to pursue.”547 According to Ambassador Taylor, President Zelensky understood what President Trump and Mr. Giuliani meant by “investigations,” and “he did not want to get involved.” Specifically, the Ukrainians understood that the “investigations were pursuant to Mr. Giuliani’s request to develop information, to find information about Burisma and the Bidens. This was very well known in public. Mr. Giuliani had made this point clear in several instances in the beginning—in the springtime.”548 Ambassador Taylor also testified that the “whole thrust” of the activities undertaken by Mr. Giuliani and Ambassador Sondland “was to get these investigations, which Danyliuk and presumably Zelensky were resisting because they didn’t want to be seen to be interfering but also to be a pawn.”549
Despite the Ukrainian resistance, Ambassador Sondland said he believed that the public announcement of investigations would “fix” an impasse between the Ukrainian government and President Trump. When asked what he meant by “irrespective of the pretext
” in his July 21 text message to Ambassador Taylor, Ambassador Sondland explained, “Well, the pretext being the agreed-upon interview or the agreed-upon press statement. We just need to get by it so that the two can meet, because, again, it was back to once they meet, all of this will be fixed.”550
Witnesses Confirmed the President Conditioned an Oval Office Meeting on Investigations
Multiple witnesses testified that the conditioning of an Oval Office meeting on President Zelensky’s announcement of investigations to benefit the President’s reelection campaign came from the very top: President Trump.
Ambassador Sondland testified that he, Secretary Perry, and Ambassador Volker worked with Mr. Giuliani “at the express direction of the President of the United States.”551 Ambassador Sondland stated that “Mr. Giuliani was expressing the desires of the President of the United States, and we knew these investigations were important to the President.”552 Ambassador Sondland explained that he “followed the directions of the President” and that “we followed the President’s orders.”553
Ambassador Sondland further testified that President Trump expressed—both directly and through Mr. Giuliani—that he wanted “a public statement from President Zelensky committing to the investigations of Burisma and the 2016 election” as “prerequisites for the White House call and the White House meeting.”554 Ambassador Sondland explained:
I know that members of this committee frequently frame these complicated issues in the form of a simple question: Was there a quid pro quo? As I testified previously with regard to the requested White House call and the White House meeting, the answer is yes.555
Ambassador Sondland also testified that knowledge of this quid pro quo was widespread among the President’s advisers: “Everyone was in the loop” about the President’s expectation that President Zelensky had to announce these specific investigations to secure an Oval Office meeting. As an example, Ambassador Sondland cited an email—copying Senior Advisor to the White House Chief of Staff Robert Blair, State Department Executive Secretary Lisa Kenna, Chief of Staff to the Secretary of Energy Brian McCormack, Mr. Mulvaney, Secretary Perry, and Secretary Pompeo—where “[e]veryone was informed.”556
Other U.S. government officials also understood this scheme as a quid pro quo. Ambassador Taylor testified that as early as mid-July, it was “becoming clear” to him that “the meeting President Zelensky wanted was conditioned on investigations of Burisma and alleged Ukrainian influence in the 2016 elections” and that “this condition was driven by the irregular policy channel I had come to understand was guided by Mr. Giuliani.”557 Mr. Holmes similarly understood that by July, “it was made clear that some action on a Burisma/Biden investigation was a precondition for an Oval Office visit.”558 Dr. Hill testified that this quid pro quo was readily apparent after reading the July 25 call summary, explaining that it revealed that the White House meeting was used as “some kind of asset” that was “dangled out to the Ukrainian Government” to secure a political benefit.559
Final Preparation for Trump-Zelensky Call: Ambassador Volker Counseled Ukrainians and Ambassador Sondland Prepped President Trump
Ambassador Taylor testified that the call between President Trump and President Zelensky that ultimately occurred on July 25 was not confirmed until the last minute: “We were trying to schedule it for about a week in advance, that whole week. As I say, back and forth, yes, no, this time, that time…. it may have been about the day before that it was actually locked down, so about the 24th.”560 According to Ambassador Taylor, at least one person had prescient concerns about the call before it occurred: “Ambassador Bolton was not interested in having—did not want to have the call because he thought it was going to be a disaster. He thought that there could be some talk of investigations or worse on the call.”561
Before the call took place on July 25, Ambassador Volker had lunch with Mr. Yermak in Kyiv. Ambassador Volker followed up with a text message to Mr. Yermak approximately 30 minutes before the call, noting that a White House visit was still on the table if, during the call, President Zelensky convinced President Trump that Ukraine would “investigate” and “get to the bottom of what happened” in 2016:
Volker:
Good lunch – thanks. Heard from White House—assuming President Z convinces trump he will investigate / “get to the bottom of what happened” in 2016, we will nail down date for visit to Washington. Good luck! See you tomorrow - kurt
Ambassador Volker later informed Ambassador Sondland that he had relayed this “message” to Mr. Yermak, which Ambassador Sondland had conveyed to Ambassador Volker earlier that day:
Volker:
Hi Gordon - got your message. Had a great lunch w Yermak and then passed your message to him. He will see you tomorrow. Think everything in place562
Ambassador Sondland testified that the “message” that Ambassador Volker conveyed to Mr. Yermak in advance of the July 25 call likely originated from an earlier conversation that Ambassador Sondland had with President Trump:
Q:
So is it fair to say that this message is what you received from President Trump on that phone call that morning?
A:
Again, if he testified to that, to refresh my own memory, then, yes, likely I would have received that from President Trump.
Q:
But the sequence certainly makes sense, right?
A:
Yeah, it does.
Q:
You talked to President Trump.
A:
Yeah.
Q:
You told Kurt Volker to call you. You left a message for Kurt Volker. Kurt Volker sent this text message to Andriy Yermak to prepare President Zelensky and then President Trump had a phone call where President Zelensky spoke very similar to what was in this text message, right?
A:
Right.
Q:
And you would agree that the message in this—that is expressed here is that President Zelensky needs to convince Trump that he will do the investigations in order to nail down the date for a visit to Washington, D.C. Is that correct?
A:
That’s correct.563
Ambassador Sondland testified that he spoke with President Trump before the call with President Zelensky.564 Mr. Morrison also confirmed that President Trump and Ambassador Sondland spoke before President Trump’s call with President Zelensky.565 Mr. Morrison stated that Ambassador Sondland emailed him on the morning of the call and listed “three topics that he was working on, the first of which was ‘I spoke to the President this morning to brief him on the call.’”566 According to Mr. Morrison, Ambassador Sondland “believed” that he helped to facilitate the July 25 call between President Trump and President Zelensky.567
On July 26, the day after the call between President Trump and President Zelensky, Ambassador Volker acknowledged his role in prepping President Zelensky for the call with President Trump in a text to Mr. Giuliani: “Hi Mr Mayor – you may have heard—the President has [sic] a great phone call with the Ukrainian President yesterday. Exactly the right messages as we discussed.”568
5. The President Asked the Ukrainian President to Interfere in the 2020 U.S. Election by Investigating the Bidens and 2016 Election Interference
During a call on July 25, President Trump asked President Zelensky of Ukraine to “do us a favor though” and investigate his political opponent, former Vice President Joe Biden, and a debunked conspiracy theory that Ukraine interfered in the
2016 U.S. election. The next day, Ambassador Gordon Sondland informed President Trump that President Zelensky “was gonna do the investigation” and “anything” President Trump asked of him.
Overview
During a telephone call on July 25, 2019, President Donald J. Trump asked Ukrainian President Volodymyr Zelensky to investigate his political rival, former Vice President Joseph Biden, and a debunked conspiracy theory that Ukraine interfered in the 2016 U.S. election. President Trump also discussed the removal of Ambassador Marie Yovanovitch, former U.S. Ambassador to Ukraine, said that she was “bad news,” and warned that she would “go through some things.” Two witnesses who listened to the call testified that they immediately reported the details of the call to senior White House lawyers.
When asked by a reporter on October 3, 2019, what he had hoped President Zelensky would do following the call, President Trump responded: “Well, I would think that, if they were honest about it, they’d start a major investigation into the Bidens. It’s a very simple answer.”
Witnesses unanimously testified that President Trump’s claims about former Vice President Biden and alleged Ukrainian interference in the 2016 U.S. election have been discredited. The witnesses reaffirmed that in late 2015 and early 2016, when former Vice President Biden advocated for the removal of a corrupt Ukrainian prosecutor, he acted in accordance with a “broad-based consensus” and the official policy of the United States, the European Union, and major international financial institutions. Witnesses also unanimously testified that the removal of that prosecutor made it more likely that Ukraine would investigate corruption, not less likely.
The Impeachment Report Page 16