The Impeachment Report
Page 19
Mr. Holmes recounted that “at first, the lunch was largely social. Ambassador Sondland selected a bottle of wine that he shared among the four of us, and we discussed topics such as marketing strategies for his hotel business.”696 Later during the meal, Ambassador Sondland “said that he was going to call President Trump to give him an update.”697 Ambassador Sondland then placed a call on his unsecure mobile phone. Mr. Holmes was taken aback. He told the Committee, “it was, like, a really extraordinary thing, it doesn’t happen very often”—a U.S. Ambassador picking up his mobile phone at an outdoor cafe and dialing the President of the United States.698
Mr. Holmes, who was sitting directly opposite from Ambassador Sondland, said he “heard him announce himself several times, along the lines of, ‘Gordon Sondland, holding for the President.’ It appeared that he was being transferred through several layers of switchboards and assistants, and I then noticed Ambassador Sondland’s demeanor changed and understood that he had been connected to President Trump.”699
Mr. Holmes stated he was able to hear the first part of Ambassador Sondland’s conversation with President Trump because it was “quite loud” and “quite distinctive” when the President began speaking. When President Trump started speaking, Ambassador Sondland “sort of winced and held the phone away from his ear,” and “did that for the first couple exchanges.”700
Recounting the conversation that followed, Mr. Holmes testified:
I heard Ambassador Sondland greet the President and explain he was calling from Kyiv. I heard President Trump then clarify that Ambassador Sondland was in Ukraine. Ambassador Sondland replied, yes, he was in Ukraine, and went on to state that President Zelensky, quote, “loves your ass.” I then heard President Trump ask, “So he’s going to do the investigation?” Ambassador Sondland replied that he is going to do it, adding that President Zelensky will do “anything you ask him to do.”701
President Trump has denied that he spoke to Ambassador Sondland on July 26 and told reporters, “I know nothing about that.”702 But in his public testimony before the Committee, Ambassador Sondland noted that White House call records made available to his legal counsel confirmed that the July 26 call in fact occurred.703 Ambassador Sondland further explained that Mr. Holmes’s testimony—specifically, a “reference to A$AP Rocky”—refreshed his recollection about the July 26 call, which Ambassador Sondland had not originally disclosed to the Committee.704
Although Ambassador Sondland did not believe he mentioned the Bidens by name, he testified that with regard to the substance of his July 26 conversation with President Trump: “I have no reason to doubt that this conversation included the subject of investigations.”705 He added that he had “no reason” to doubt Mr. Holmes’ testimony about the contents of the call, and that he would “have been more surprised if President Trump had not mentioned investigations, particularly given what we were hearing from Mr. Giuliani about the President’s concerns.”706 Asked about his statement to President Trump that President Zelensky “loves your ass,” Ambassador Sondland replied: “That sounds like something I would say. That’s how President Trump and I communicate, a lot of four-letter words, in this case three letter.”707
After the call between Ambassador Sondland and President Trump ended, Ambassador Sondland remarked to Mr. Holmes that “the President was in a bad mood,” as “was often the case early in the morning.”708 Mr. Holmes, who had learned about the freeze on U.S. security assistance days earlier, was attempting to clarify the President’s thinking, and said he “took the opportunity to ask Ambassador Sondland for his candid impression of the President’s views on Ukraine”:
In particular, I asked Ambassador Sondland if it was true that the President did not give a shit about Ukraine. Ambassador Sondland agreed that the President did not give a shit about Ukraine. I asked, why not, and Ambassador Sondland stated, the President only cares about, quote, unquote, “big stuff.” I noted there was, quote, unquote, big stuff going on in Ukraine, like a war with Russia. And Ambassador Sondland replied that he meant, quote, unquote, “big stuff” that benefits the President, like the, quote, unquote, “Biden investigation” that Mr. Giuliani was pushing. The conversation then moved on to other topics.709
Ambassador Sondland did not dispute the substance of Mr. Holmes’ recollection of this discussion. He stated, “I don’t recall my exact words, but clearly the President, beginning on May 23, when we met with him in the Oval Office, was not a big fan” of Ukraine. Asked whether President Trump “was a big fan of the investigations,” Ambassador Sondland replied: “Apparently so.”710 Asked to clarify if, during his July 26 conversation with Mr. Holmes, he recalled “at least referring to an investigation that Rudy Giuliani was pushing,” Ambassador Sondland replied, “I would have, yes.”711
Mr. Holmes Informed U.S. Embassy Leadership about President Trump’s Call with Ambassador Sondland
After the lunch, Mr. Holmes dropped off Ambassador Sondland at his hotel, the Hyatt Regency Kyiv. Mr. Holmes then returned to the U.S. Embassy.712 Ambassador Taylor, the acting Ambassador in Kyiv, was still visiting the front line. So when he arrived at the Embassy, Mr. Holmes briefed his immediate supervisor, Kristina Kvien, Deputy Chief of Mission at U.S. Embassy Kyiv, about the President’s call with Ambassador Sondland and Ambassador Sondland’s subsequent description of President Trump’s priorities for Ukraine.713
After taking a long-planned vacation from July 27 to August 5, Mr. Holmes told Ambassador Taylor about his lunch with Ambassador Sondland on the first day he returned to work, August 6.714 Mr. Holmes told the Committee that he did not brief the call in detail to Ambassador Taylor because “it was obvious what the President was pressing for”:
Of course that’s what’s going on. Of course the President is pressing for a Biden investigation before he’ll do these things the Ukrainians want. There was nodding agreement. So did I go through every single word in the call? No, because everyone by that point agreed, it was obvious what the President was pressing for.715
In October 2019, following the public release of testimony by several witnesses pursuant to the Committee’s impeachment inquiry, Mr. Holmes reminded Ambassador Taylor about Ambassador Sondland’s July 26 conversation with President Trump. Ambassador Taylor was preparing to return to Washington and testify publicly before the Committee. Mr. Holmes had been following news coverage of the inquiry and realized he had unique, firsthand evidence that “potentially bore on the question of whether the President did, in fact, have knowledge” of efforts to press the Ukrainian President to publicly announce investigations:
I came to realize that I had firsthand knowledge regarding certain events on July 26 that had not otherwise been reported and that those events potentially bore on the question of whether the President did, in fact, have knowledge that those senior officials were using the levers of diplomatic power to influence the new Ukrainian President to announce the opening of a criminal investigation against President Trump’s political opponent. It is at that point that I made the observation to Ambassador Taylor that the incident I had witnessed on July 26th had acquired greater significance, which is what he reported in his testimony last week and is what led to the subpoena for me to appear here today.716
Mr. Holmes testified that the July 26 call became “sort of a touchstone piece of information” for diplomats at the U.S. Embassy in Kyiv who “were trying to understand why we weren’t able to get the meeting” between President Trump and President Zelensky and “what was going on with the security hold.”717 He elaborated:
I would refer back to it repeatedly in our, you know, morning staff meetings. We’d talk about what we’re trying to do. We’re trying to achieve this, that. Maybe it will convince the President to have the meeting. And I would say, ‘Well, as we know, he doesn’t really care about Ukraine. He cares about some other things. And we’re trying to keep Ukraine out of our politics and so, you know, that’s what we’re up ag
ainst.’ And I would refer—use that repeatedly as a refrain.718
6. The President Wanted Ukraine to Announce the Investigations Publicly
In the weeks following the July 25 call, President Trump’s hand-picked representatives carried out his wishes to condition a coveted White House meeting for the Ukrainian President on the public announcement of investigations beneficial to President Trump. Top U.S. officials, including the Secretary of State and Secretary of Energy, were “in the loop.”
Overview
In the weeks following the July 25 call, during which President Trump had pressed Ukrainian President Volodymyr Zelensky to “do us a favor though,” the President’s representatives worked to secure from the Ukrainian President a public announcement about the requested investigations as a condition for the White House meeting.
That meeting would have conferred vital support on a new president who relied on the United States to help defend his nation militarily, diplomatically, and politically against Russian aggression. U.S. Ambassador to the European Union Gordon Sondland provided testimony and quoted from documents demonstrating that he kept everyone “in the loop” about the plan, including the Secretaries of State and Energy.
Ambassadors Sondland and Volker worked closely with Mr. Giuliani, the President’s personal lawyer, to help draft Ukraine’s public statement. They sought to ensure that President Zelensky explicitly used the words “Burisma”—a reference to allegations about former Vice President Biden and his son—and “2016 elections.”
Ukrainian officials were “very uncomfortable” with the provision of this statement, which they understood to be a requirement and a “deliverable” demanded by President Trump. The Ukrainian President was elected on a platform of rooting out public corruption, and so he resisted issuing the statement. Instead, President Zelensky’s aides asked whether an official request for legal assistance with investigations had been made through appropriate channels at the U.S. Department of Justice. No such formal request was ever made. Consequently, Ukrainian officials made clear to Ambassador Volker that they did not support issuing a public statement because it could “play into” U.S. domestic politics. Nevertheless, U.S. efforts to secure a public statement continued.
Giuliani Met with Ukrainian Presidential Aide Andriy Yermak in Madrid and Discussed a White House Meeting
On July 26, the day after the call between President Trump and President Zelensky, Ambassador Volker wrote to Mr. Giuliani to confirm that he would soon be meeting with Andriy Yermak, a Ukrainian presidential aide, to “help” efforts.719
Ambassador Volker texted: “Please send dates when you will be in Madrid. I am seeing Yermak tomorrow morning. He will come to you in Madrid. Thanks for your help! Kurt.”720
Mr. Giuliani replied that he would travel to Spain from August 1 to 5, and Ambassador Volker affirmed that he would tell the Ukrainian presidential aide to “visit with you there.”721 Ambassador Volker kept himself apprised of plans, texting Mr. Yermak on August 1 to ensure that everything was “on track” for the meeting in Spain’s capital. He also asked whether Mr. Yermak planned to visit Washington.722
On August 2, Mr. Yermak and Mr. Giuliani met in Madrid.723 Ambassador Volker received a meeting summary from Mr. Yermak the same day: “My meeting with Mr. Mayor was very good.” Mr. Yermak added: “We asked for White House meeting during week start [sic] 16 Sept. Waiting for confirmation. Maybe you know the date?”724
The Madrid meeting set off a “series of discussions” among Mr. Giuliani, Ambassador Volker, and Ambassador Sondland about the need for President Zelensky to issue a public statement about the investigations into Burisma and the 2016 election conspiracy theory in order to secure a White House meeting with President Trump.725 Ambassador Volker first spoke to Mr. Giuliani, who said that he thought Ukraine “should issue a statement.”726 Ambassador Volker then spoke to Mr. Yermak, who affirmed that the Ukrainian leader was “prepared to make a statement” that “would reference Burisma and 2016 in a wider context of bilateral relations and rooting out corruption anyway.”727
Mr. Giuliani, acting as President Trump’s personal attorney, exerted significant influence in the process. On August 4, Mr. Yermak inquired again about the presidential meeting. Ambassador Volker replied that he would speak with Mr. Giuliani later that day and would call the Ukrainian aide afterward.728 Ambassador Volker texted the former mayor about the Madrid meeting and asked for a phone call. Mr. Giuliani replied: “It was excellent I can call a little later.”729
Phone records obtained by the Committees show a 16 minute call on August 5 between Ambassador Volker and Mr. Giuliani.730 Ambassador Volker texted Mr. Yermak: “Hi Andrey—had a good long talk w Rudy—call anytime—Kurt.”731 During the same period, Ambassador Volker informed Ambassador Sondland that “Giuliani was happy with that meeting,” and “it looks like things are turning around.”732
“Potus Really Wants the Deliverable” Before Scheduling a White House Visit for President Zelensky
Things had not turned around by August 7. Ambassador Volker texted Mr. Giuliani to recommend that he report to “the boss”—President Trump—about his meeting with Mr. Yermak in Madrid. He wrote:
Hi Rudy—hope you made it back safely. Let’s meet if you are coming to DC. And would be good if you could convey results of your meeting in Madrid to the boss so we can get a firm date for a visit.733
The Committees did not find evidence that Mr. Giuliani responded to Ambassador Volker’s text message.
However, call records show that the next day, on August 8, Mr. Giuliani connected with the White House Situation Room switchboard in the early afternoon, Eastern Time, for 42 seconds, and then again for one minute, 25 seconds.734
The same day, Mr. Giuliani texted several times with a number associated with the White House. The Committees were unable to identify the official associated with the phone number. In the mid-afternoon, someone using a telephone number associated with the Office of Management and Budget (OMB) called Mr. Giuliani, and the call lasted for nearly 13 minutes. Mr. Giuliani called the OMB number and the White House Situation Room several more times that evening, but each time connected for only a few seconds or not at all.
Rudy Giuliani Call History, August 8
Date Connecting Time (EDT) Duration of Call Caller Recipient
08/08/19 12:44:56 0:42 Giuliani, Rudy White House Switchboard (Situation Room)735
08/08/19 12:45:38 1:25 Giuliani, Rudy White House Switchboard (Situation Room)736
08/08/19 13:02:37 TEXT Giuliani, Rudy White House Number737
08/08/19 13:02:37 TEXT Giuliani, Rudy White House Number738
08/08/19 13:02:57 TEXT Giuliani, Rudy White House Number739
08/08/19 14:14:53 TEXT White House Number Giuliani, Rudy740
08/08/19 14:15:17 TEXT Giuliani, Rudy White House Number741
08/08/19 14:21:13 TEXT Giuliani, Rudy White House Number742
08/08/19 15:13:05 12:56 OMB Number Giuliani, Rudy743
08/08/19 15:56:44 0:00 Giuliani, Rudy OMB Number744
08/08/19 15:56:51 0:00 Giuliani, Rudy OMB Number745
08/08/19 15:57:05 0:00 Giuliani, Rudy OMB Number746
08/08/19 15:57:21 0:22 Giuliani, Rudy White House Switchboard (Situation Room)747
08/08/19 17:20:33 0:17 Giuliani, Rudy White House Switchboard (Situation Room)748
08/08/19 19:14:48 0:00 Giuliani, Rudy White House Switchboard (Situation Room)749
Approximately 30 minutes after his text to Mr. Giuliani on August 7, Ambassador Volker received a text message from Mr. Yermak: “Do you have some news about White House meeting date?”750 Ambassador Volker responded that he had asked Mr. Giuliani to “weigh in,” presumably with the President, “following your meeting,” and that Ambassador Sondland would be speaking with President Trump on Friday, August 9. Ambassador Volker added: “We are pressing this.”751 The next day, on August 8, Mr. Yermak texted Ambassador Volker to report that he had “some news.”752 Ambassador Volker replied that he was available to speak at that time.753
Later on the evening of August 8, Eastern Time, Mr. Giuliani sent a text message to a phone number associated with the White House. Approximately one hour 15 minutes later, someone using an unidentified number (“-1”) dialed Mr. Giuliani three times in rapid succession. Less than three minutes later, Mr. Giuliani dialed the White House switchboard for the White House Situation Room. When the call did not connect, Mr. Giuliani immediately dialed another general number for the White House switchboard and connected for 47 seconds. Approximately 16 minutes later, someone using the “-1” number called Mr. Giuliani and connected for just over four minutes.754
Rudy Giuliani Call History, August 8, cont.
Date Connecting Time (EDT) Duration of Call Caller Recipient