08/08/19 20:53:13 TEXT Giuliani, Rudy White House Number755
08/08/19 22:09:31 0:00 “-1” Giuliani, Rudy756
08/08/19 22:09:32 0:05 “-1” Giuliani, Rudy757
08/08/19 22:09:46 0:00 “-1” Giuliani, Rudy (Cell 2)758
08/08/19 22:09:47 0:02 “-1” Giuliani, Rudy (Cell 2)759
08/08/19 22:10:08 0:05 “-1” Giuliani, Rudy760
08/08/19 22:11:52 0:00 Giuliani, Rudy OMB Number761
08/08/19 22:12:16 0:00 Giuliani, Rudy White House Switchboard (Situation Room)762
08/08/19 22:12:25 0:47 Giuliani, Rudy White House Switchboard763
08/08/19 22:28:51 4:06 “-1” Giuliani, Rudy764
Late the next morning Washington time, on August 9, Ambassador Volker texted Mr. Giuliani and Ambassador Sondland:
Hi Mr. Mayor! Had a good chat with Yermak last night. He was pleased with your phone call. Mentioned Z [President Zelensky] making a statement. Can we all get on the phone to make sure I advise Z [President Zelensky] correctly as to what he should be saying? Want to make sure we get this done right. Thanks!765
It is unclear which “phone call” Ambassador Volker was referencing.
Text messages and call records obtained by the Committees show that Ambassador Volker and Mr. Giuliani connected by phone twice around noon Eastern Time on August 9 for several minutes each.766 Following the calls with Mr. Giuliani, Ambassador Volker created a three-way group chat using WhatsApp that included Ambassador Volker, Ambassador Sondland, and Mr. Yermak.767
At 2:24 p.m. Eastern Time on August 9, Ambassador Volker texted the group: “Hi Andrey—we have all consulted here, including with Rudy. Can you do a call later today or tomorrow your afternoon time?”768 Ambassador Sondland texted that he had a call scheduled for 3 p.m. Eastern Time “for the three of us. [State Department] Ops will call.”769
Call records obtained by the Committees show that on August 9, Ambassador Sondland twice called numbers associated with the White House, once in early afternoon for approximately 18 minutes, and once in late afternoon for two minutes, 25 seconds with a number associated with OMB.770
By early evening, minutes after his second call with OMB number, Ambassador Volker and Ambassador Sondland discussed a breakthrough they had reached in obtaining a date for a White House visit, noting that President Trump really wanted “the deliverable”:
Sondland:
[Tim] Morrison ready to get dates as soon as Yermak confirms.
Volker:
Excellent!! How did you sway him?:)
Sondland:
Not sure i did. I think potus really wants the deliverable
Volker:
But does he know that?
Sondland:
Yep
Sondland:
Clearly lots of convos going on
Volker:
Ok—then that’s good it’s coming from two separate sources771
Ambassador Sondland told the Committees that the “deliverable” required by President Trump was a press statement from President Zelensky committing to “do the investigations” pushed by President Trump and Mr. Giuliani.772
To ensure progress, immediately after their text exchange, Ambassador Sondland recommended to Ambassador Volker that Mr. Yermak share a draft of the press statement to “avoid misunderstandings” and so they would know “exactly what they propose to cover.” Ambassador Sondland explained: “Even though Ze [President Zelensky] does a live presser [press event] they can still summarize in a brief statement.” Ambassador Volker agreed.773
As they were negotiating the language that would appear in a press statement, “there was talk about having a live interview or a live broadcast” during which President Zelensky would make the agreed-upon statement.774 Ambassador Sondland suggested reviewing a written summary of the statement because he was “concerned” that President Zelensky would “say whatever he would say on live television and it still wouldn’t be good enough for Rudy, slash, the President [Trump].”775
“Everyone Was in the Loop” About Plan for Ukrainians to Deliver a Public Statement about Investigations in Exchange for a White House Visit
As negotiations continued, on August 10, Mr. Yermak texted Ambassador Volker in an attempt to schedule a White House meeting before the Ukrainian president made a public statement in support of investigations into Burisma and the 2016 election. He wrote:
I think it’s possible to make this declaration and mention all these things. Which we discussed yesterday. But it will be logic [sic] to do after we receive a confirmation of date. We inform about date of visit about our expectations and our guarantees for future visit. Let [sic] discuss it776
Ambassador Volker responded that he agreed, but that first they would have to “iron out [a] statement and use that to get [a] date,” after which point President Zelensky would go forward with making the statement.777 They agreed to have a call the next day, and to include Ambassador Sondland. Mr. Yermak texted:
Excellent. Once we have a date, will call for a press briefing, announcing upcoming visit and outlining vision for the reboot of the US-UKRAINE relationship, including, among other things, Burisma and election meddling in investigations.778
Ambassador Volker forwarded the message to Ambassador Sondland, and they agreed to speak with Mr. Yermak the next day.779
Ambassador Sondland testified that “everyone was in the loop” regarding this plan.780 Also on August 10, Ambassador Sondland informed Ambassador Volker that he briefed T. Ulrich Brechbuhl, Counselor of the Department of State, noting: “I briefed Ulrich. All good.”781 Ambassador Sondland testified that he “may have walked [Mr. Brechbuhl] through where we were.”782 When asked if Mr. Brechbuhl briefed Secretary Pompeo, Ambassador Sondland noted that it was Mr. Brechbuhl’s “habit” to “consult with Secretary Pompeo frequently.”783
Secretary of Energy Rick Perry was also made aware of efforts to pressure Ukraine to issue a public statement about political investigations in exchange for a White House meeting. Ambassador Sondland testified:
Mr. Giuliani conveyed to Secretary Perry, Ambassador Volker, and others that President Trump wanted a public statement from President Zelensky committing to investigations of Burisma and the 2016 election. Mr. Giuliani expressed those requests directly to the Ukrainians. Mr. Giuliani also expressed those requests directly to us. We all understood that these prerequisites for the White House call and the White House meeting reflected President Trump’s desires and requirements.784
On August 11, Ambassador Volker requested a phone call with Ambassador Sondland and Mr. Giuliani, noting that he had heard from Mr. Yermak that the Ukrainians were “writing the statement now and will send to us.”785 According to call records obtained by the Committees, Ambassador Volker and Mr. Giuliani connected for 34 seconds.786
The same day, Ambassador Sondland updated Mr. Brechbuhl and Lisa Kenna, Executive Secretary of the State Department, about efforts to secure a public statement and a “big presser” from President Zelensky, which he hoped might “make the boss happy enough to authorize an invitation.” He addressed the email to Secretary Pompeo:
Mike,
Kurt [Volker] and I negotiated a statement from Zelensky to be delivered for our review in a day or two. The contents will hopefully make the boss happy enough t
o authorize an invitation. Zelensky plans to have a big presser on the openness subject (including specifics) next week.787
Ambassador Sondland made clear in his hearing testimony that by “specifics,” he meant the “2016 and the Burisma” investigations; “the boss” referred to “President Trump;” and “the invitation” referred to “the White House meeting.”788 Ms. Kenna replied to Ambassador Sondland that she would “pass to S [Secretary Pompeo]. Thank you.”789 Ambassador Sondland cited the email as evidence that “everyone was in the loop” on plans to condition a White House meeting on a public statement about political investigations.790
President Trump’s Agents Negotiated a Draft Statement about the Investigations
In the evening of the next day, August 12, Mr. Yermak texted Ambassador Volker an initial version of the draft statement, which read:
Special attention should be paid to the problem of interference in the political processes of the United States, especially with the alleged involvement of some Ukrainian politicians. I want to declare that this is unacceptable. We intend to initiate and complete a transparent and unbiased investigation of all available facts and episodes, which in turn will prevent the recurrence of this problem in the future.791
The draft statement did not explicitly mention Burisma or 2016 election interference, as expected.
On August 13, around 10 a.m. Eastern Time, Ambassador Volker texted Mr. Giuliani: “Mr mayor—trying to set up call in 5 min via state Dept. If now is not convenient, is there a time later today?”792 Phone records show that, shortly thereafter, someone using a State Department number called Mr. Giuliani and connected for more than nine minutes.793 Ambassador Volker told the Committees that, during the call, Mr. Giuliani stated: “If [the statement] doesn’t say Burisma and 2016, it’s not credible, because what are they hiding?”794 Ambassador Volker asked whether inserting references to “Burisma and 2016” at the end of the statement would make it “more credible.” Mr. Giuliani confirmed that it would.795
Two minutes after the call ended, Ambassador Volker sent a WhatsApp message to Ambassador Sondland and Mr. Yermak: “Hi Andrey—we spoke with Rudy. When is good to call you?”796 Ambassador Sondland replied that it was, “Important. Do you have 5 mins.”797 They agreed to a call approximately 10 minutes later.798 When Ambassador Sondland suggested having his “operator” in Brussels dial in the group, Ambassador Volker asked if they could “do this one on what’s App?”799 Text messages and calls in the WhatsApp cell phone application are encrypted from end-to-end, ensuring that WhatsApp employees and third parties cannot listen in or retrieve deleted communications.800
Shortly before the call, Ambassador Volker sent a revised draft of the proposed statement to Ambassador Sondland. It had been edited to include reference to Burisma and the 2016 elections:
Special attention should be paid to the problem of interference in the political processes of the United States, especially with the alleged involvement of some Ukrainian politicians. I want to declare that this is unacceptable. We intend to initiate and complete a transparent and unbiased investigation of all available facts and episodes including those involving Burisma and the 2016 US elections, which in turn will prevent the recurrence of this problem in the future.801
Ambassador Sondland replied: “Perfect. Lets send to Andrey after our call.”802
Following the call, Ambassador Volker texted Ambassador Sondland and Mr. Yermak: “Andrey—good talking—following is text with insert at the end for the 2 key items.”803 Ambassador Volker then sent to them the revised statement that included the explicit references to “Burisma and 2016 elections.”804
Comparison of Draft Statements
Yermak Draft
August 12
Giuliani-Volker-Sondland Draft
August 13
Special attention should be paid to the problem of interference in the political processes of the United States, especially with the alleged involvement of some Ukrainian politicians. I want to declare that this is unacceptable. We intend to initiate and complete a transparent and unbiased investigation of all available facts and episodes, which in turn will prevent the recurrence of this problem in the future.
Special attention should be paid to the problem of interference in the political processes of the United States, especially with the alleged involvement of some Ukrainian politicians. I want to declare that this is unacceptable. We intend to initiate and complete a transparent and unbiased investigation of all available facts and episodes, including those involving Burisma and the 2016 US elections, which in turn will prevent the recurrence of this problem in the future.
A “Quid Pro Quo” from “the President of the United States”
Ambassador Volker testified that the language reflected what Mr. Giuliani deemed necessary for the statement to be “credible.”805 Ambassador Sondland noted the language was “proposed by Giuliani.”806 Ambassador Sondland explained that the language was a clear quid pro quo that expressed “the desire of the President of the United States”:
Mr. Giuliani’s requests were a quid pro quo for arranging a White House visit for President Zelensky. Mr. Giuliani demanded that Ukraine make a public statement announcing investigations of the 2016 election/DNC server and Burisma. Mr. Giuliani was expressing the desires of the President of the United States, and we knew that these investigations were important to the President.807
Shortly after Ambassador Volker sent the revised statement to Mr. Yermak on August 13, Ambassador Sondland called Mr. Giuliani and connected for nearly four minutes.
Ukrainian Officials and Career State Department Became Increasingly Concerned
On August 13—while Ambassador Volker, Ambassador Sondland, and Mr. Yermak were negotiating the draft statement about investigations—Mr. Yermak asked Ambassador Volker “whether any request had ever been made by the U.S. to investigate election interference in 2016.” He appeared interested in knowing whether the U.S. Department of Justice had made an official request to Ukraine’s law enforcement agency for legal assistance in such a matter.808 When Ambassador Volker sent Mr. Giuliani’s approved draft statement to Mr. Yermak, he stated that he would “work on official request.”809
Ambassador Volker testified: “When I say official request, I mean law enforcement channels, Department of Justice to law enforcement in Ukraine, please investigate was there any effort to interfere in the U.S. elections.”810 Ambassador Volker explained:
He [Yermak] said, and I think quite appropriately, that if they [Ukraine] are responding to an official request, that’s one thing. If there’s no official request, that’s different. And I agree with that.811
According to Ambassador Volker, he was merely trying to “find out” if there was ever an official request made by the Department of Justice: “As I found out the answer that we had not, I said, well, let’s just not go there.”812
On September 25, within hours of the White House’s public release of the record of the July 25 call between President Trump and President Zelensky, a Justice Department spokesperson issued a statement, apparently confirming that no such formal request had been made:
The President has not spoken with the Attorney General about having Ukraine investigate anything relating to former Vice President Biden or his son. The President has not asked the Attorney General to contact Ukraine—on this or any other matter. The Attorney General has not communicated with Ukraine—on this or any other subject.813
Ukraine’s current Prosecutor General Ruslan Ryaboshapka, who assumed his new position in late August 2019, confirmed the Justice Department’s account. He told The Financial Times in late November 2019 that Attorney General Barr had made no formal request regarding a potential investigation into allegations of wrongdoing by former Vice President Biden.814 In an apparent reference to President Trump’s demand that U
kraine interfere in U.S. elections, Mr. Ryaboshapka added: “It’s critically important for the west not to pull us into some conflicts between their ruling elites, but to continue to support so that we can cross the point of no return.”815
Neither Ambassador Taylor in Ukraine nor Deputy Assistant Secretary George Kent in Washington were aware of the efforts by Ambassadors Sondland and Volker, in coordination with Mr. Giuliani, to convince Ukrainian officials to issue a statement in real time. Ambassador Taylor told the Committees that, on August 16, in a text message exchange with Ambassador Volker, he “learned that Mr. Yermak had asked that the United States submit an official request for an investigation into Burisma’s alleged violations of Ukrainian law, if that is what the United States desired.”816 Ambassador Taylor noted that “a formal U.S. request to the Ukrainians to conduct an investigation based on violations of their own law” was “improper” and advised Ambassador Volker to “stay clear.”817
Nevertheless, Ambassador Volker requested Ambassador Taylor’s help with the matter.818 “To find out the legal aspects of the question,” Ambassador Taylor gave Ambassador Volker the name of an official at the Department of Justice “whom I thought would be the proper point of contact for seeking a U.S. referral for a foreign investigation.”819
On August 15, Ambassador Volker texted Ambassador Sondland that Mr. Yermak wanted to “know our status on asking them to investigate.”820 Two days later, Ambassador Volker wrote: “Bill [Taylor] had no info on requesting an investigation—calling a friend at DOJ.” Ambassador Volker testified that he was not able to connect with his contact at the Department of Justice.821
Mr. Kent testified that on August 15, Catherine Croft, Ambassador Volker’s special assistant, approached him to ask whether there was any precedent for the United States asking Ukraine to conduct investigations on its behalf. Mr. Kent advised Ms. Croft:
The Impeachment Report Page 20