The Impeachment Report

by The House Intelligence Committee

  264 Anderson Dep. Tr. at 16; Taylor Dep. Tr. at 24-25, 167.

  265 Taylor Dep. Tr. at 25.

  266 Taylor Dep. Tr. at 25.

  267 Taylor Dep. Tr. at 25.

  268 Anderson Dep. Tr. at 16-17.

  269 Sondland Dep. Tr. at 240.

  270 ABC News’ Oval Office Interview with President Trump, ABC News (June 13, 2019) (online at https://abcnews.go.com/Politics/abc-news-oval-office-interview-president-donald-trump/story?id=63688943).

  271 ABC News’ Oval Office Interview with President Trump, ABC News (June 13, 2019) (online at https://abcnews.go.com/Politics/abc-news-oval-office-interview-president-donald-trump/story?id=63688943) (emphasis added).

  272 Rudy Giuliani, Twitter (June 21, 2019) (online at https://twitter.com/RudyGiuliani/status/1142085975230898176)

  273 Hill-Holmes Hearing Tr. at 77.

  274 Hill-Holmes Hearing Tr. at 91.

  275 Hill Dep. Tr. at 222-223.

  276 Hill-Holmes Hearing Tr. at 92.

  277 Hill-Holmes Hearing Tr. at 93.

  278 Office of the United Nations High Commissioner for Human Rights, Report on the Human Rights Situation in Ukraine: 16 November 2018 to 15 February 2019 (online at https://www.ohchr.org/Documents/Countries/UA/ReportUkraine16Nov2018-15Feb2019.pdf); Office of the United Nations High Commissioner for Human Rights, Report on the Human Rights Situation in Ukraine: 16 August to 15 November 2017 (Dec. 12, 2017) (online at https://www.ohchr.org/Documents/Countries/UA/UAReport20th_EN.pdf); Office of the United Nations High Commissioner for Human Rights, Conflict in Ukraine Enters its Fourth Year with No End in Sight (June 13, 2017) (online at www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21730&LangID=E). These figures do not include the 298 civilians of 13 different nationalities killed aboard Malaysia Airlines Flight 17, which a Dutch-led joint investigation found was shot down by a Russian missile system from a Russian military unit, a conclusion supported by U.S. intelligence. See Dutch Safety Board, Report on the Crash of Malaysia Airlines Flight MH17 (Oct. 13, 2015) (online at www.onderzoeksraad.nl/en/page/3546/crash-mh17-17-july-2014); U.S. Discloses Intelligence on Downing of Malaysian Jet, Washington Post (July 22, 2014) (online at www.washingtonpost.com/world/national-security/us-discloses-intelligence-on-downing-of-malaysian-jet/2014/07/22/b178fe58-11e1-11e4-98ee-daea85133bc9_story.html).

  279 Ambassador Nikki Haley, United States Mission to the United Nations, Remarks at a U.N. Security Council Briefing on Ukraine (May 29, 2018) (online at https://usun.usmission.gov/remarks-at-a-un-security-council-briefing-on-ukraine-2/).

  280 Department of Defense, Secretary of Defense James Mattis Remarks with President Petro Poroshenko (Aug. 24, 2017) (online at www.defense.gov/Newsroom/Speeches/Speech/Article/1291430/secretary-of-defense-james-mattis-remarks-with-president-petro-poroshenko/).

  281 European Union External Action, EU-Ukraine Relations Factsheet (Sept. 30, 2019) (online at https://eeas.europa.eu/headquarters/headQuarters-homepage/4081/eu-ukraine-relations-factsheet_en); NATO, Fact Sheet: NATO’s Support to Ukraine (Nov. 2018) (www.nato.int/nato_static_fl2014/assets/pdf/pdf_2018_11/20181106_1811-factsheet-nato-ukraine-support-eng.pdf).

  282 DOD Announces $250M to Ukraine, U.S. Department of Defense (June 18, 2019) (online at www.defense.gov/Newsroom/Releases/Release/Article/1879340/dod-announces-250m-to-ukraine/).

  283 Kent-Taylor Hearing Tr. at 21, 28-29, 50; Vindman Dep. Tr. at 40-41, 113; Cooper Dep. Tr. at 15-16.

  284 Taylor Dep. Tr. at 153.

  285 Croft Dep. Tr. at 16.

  286 Kent-Taylor Hearing Tr. at 30.

  287 Taylor Dep. Tr. at 20.

  288 Morrison-Volker Hearing Tr. at 11.

  289 Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019, Pub. L. No. 115-245, § 9013 (2018).

  290 National Defense Authorization Act for Fiscal Year 2016, Pub. L. 114-92, § 1250 (2015), amended by the National Defense Act Authorization Act for Fiscal Year 2018, Pub. L. No. 115-91, § 1234 (2017) and most recently amended by the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, § 1246 (2018).

  291 National Defense Authorization Act for Fiscal Year 2017, Pub. L. No. 114-328, § 1237 (2016); National Defense Authorization Act for Fiscal Year 2018, Pub. L. No. 115-91, § 1234 (2018); John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, § 1246 (2018).

  292 Letter from John C. Rood, Under Secretary of Defense for Policy, Department of Defense, to Chairman Eliot L. Engel, House Committee on Foreign Affairs (sent Feb. 28, 2019, received Mar. 5, 2019).

  293 Cooper Dep. Tr. at 27-28.

  294 National Defense Authorization Act for Fiscal Year 2016, Pub. L. No. 114-92, § 1250 (2015), as amended by the National Defense Act Authorization Act for Fiscal Year 2018, Pub. L. No. 115-91, § 1234 (2017), and most recently amended by the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, § 1246 (2018).

  295 Cooper Dep. Tr. at 24.

  296 Cooper Dep. Tr. at 24.

  297 Letter from John C. Rood, Under Secretary of Defense for Policy, Department of Defense, to Chairman Eliot L. Engel, House Committee on Foreign Affairs (sent May 23, 2019, received May 28, 2019).

  298 Cooper Dep. Tr. at 31-32.

  299 DOD Announces $250M to Ukraine, Department of Defense (June 18, 2019) (online at www.defense.gov/Newsroom/Releases/Release/Article/1879340/dod-announces-250m-to-ukraine/).

  300 Consolidated Appropriations Act, 2019, Pub. L. No. 116-6, §7046(a)(2) (2019); Conference Report to Accompany Consolidated Appropriations Act, 2019, H.R. Rep. No. 116-9, p. 869 (2019).

  301 Consolidated Appropriations Act, 2018, Pub. L. No. 115-141, Title VIII (2017).

  302 Consolidated Appropriations Act, 2019, Pub. L. No. 116-6, §7015(c) (2019); Consolidated Appropriations Act, 2018, Pub. L. No. 115-141, § 7015(c) (2017).

  303 OMB Circular No. A-11, § 22.3 (2019) (requiring that the State Department receive clearance from OMB before notifying Congress).

  304 Sandy Dep. Tr. at 25; DOD Announces $250M to Ukraine, Department of Defense (June 18, 2019) (online at www.defense.gov/Newsroom/Releases/Release/Article/1879340/dod-announces-250m-to-ukraine/).

  305 Sean Hannity Interviews Donald Trump via Telephone, Fox News (June 19, 2019) (transcript at https://factba.se/transcript/donald-trump-interview-sean-hannity-fox-telephone-june-19-2019).

  306 Sandy Dep. Tr. at 26-27.

  307 Sandy Dep. Tr. at 27-28.

  308 Sandy Dep. Tr. at 29-30.

  309 Cooper Dep. Tr. at 33-34.

  310 Cooper Dep. Tr. at 33.

  311 Cooper Dep. Tr. at 34.

  312 Cooper Dep. Tr. at 38.

  313 Cooper Dep. Tr. at 37-38.

  314 Cooper-Hale Hearing Tr. at 14; Vindman Dep. Tr. at 178-179. See also Stalled Ukraine Military Aid Concerned Members of Congress for Months, CNN (Sept. 30, 2019) (online at www.cnn.com/2019/09/30/politics/ukraine-military-aid-congress/index.html) (suggesting that the State Department sought OMB’s approval for $141 million in FMF funds on June 21, 2019).

  315 OMB Circular No. A-11, § 22.3 (2019) (requiring that the State Department receive clearance from OMB before notifying Congress).

  316 Williams Dep. Tr. at 54-55.

  317 Williams Dep. Tr. at 55.

  318 Blair previously served as Associate Director of National Security Programs at OMB (Blair was Duffey’s predecessor), and left OMB for the White House Office of Chief of Staff with Mick Mulvaney. Sandy Dep. Tr. at 36-38.

  319 Sandy Dep. Tr. at 38-39.

  320 Sandy Dep. Tr. at 39.

  321 Morrison Dep. Tr. at 161.

  322 Sandy Dep. Tr. at 141-142.

  323 Sandy Dep. Tr. at 142.
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  324 Sandy Dep. Tr. at 31-32.

  325 Sandy Dep. Tr. at 41-42.

  326 Cooper Dep. Tr. at 40; see also Croft Dep. Tr. at 83 (“very routine low-level business”).

  327 Kent Dep. Tr. at 303-305.

  328 Taylor Dep. Tr. at 27-28.

  329 Croft Dep. Tr. at 83.

  330 Taylor Dep. Tr. at 27.

  331 Holmes Dep. Tr. at 154.

  332 Holmes Dep. Tr. at 154.

  333 Croft Dep. Tr. at 15.

  334 Cooper Dep. Tr. at 45.

  335 Kent Dep. Tr. at 304.

  336 Kent Dep. Tr. at 305.

  337 Sandy Dep. Tr. at 99; Vindman Dep. Tr. at 182.

  338 Cooper Dep. Tr. at 40. Morrison, who did not attend the sub-PCC meeting but received a readout, testified that he thought OMB announced at the July 18th meeting that the hold “covered all dollars, DOD and Department of State, and it was—it was beyond funds not yet obligated to include funds that had, in fact, been obligated but not yet expended.” Morrison Dep. Tr. at 161.

  339 Cooper Dep. Tr. at 40.

  340 Cooper Dep. Tr. at 44-45.

  341 Cooper Dep. Tr. at 40.

  342 Kent Dep. Tr. at 307-308.

  343 Morrison Dep. Tr. at 162.

  344 Cooper Dep. Tr. at 46.

  345 Williams Dep. Tr. at 91-92; see also Morrison Dep. Tr. at 162 (testifying that representatives from OMB stated that the hold “had been imposed by the chief of staff’s office” and that the hold “was at the direction of the President”).

  346 Cooper Dep. Tr. at 46.

  347 Morrison Dep. Tr. at 162-163; Kent Dep. Tr. at 310; Sandy Dep. Tr. at 91.

  348 Sandy Dep. Tr. at 91.

  349 Morrison Dep. Tr. at 163.

  350 Morrison Dep. Tr. at 163.

  351 2 U.S.C. § 601 et. seq.

  352 Williams Dep. Tr. at 91-92; Vindman Dep. Tr. at 182; Morrison Dep. Tr. at 162; Sandy Dep. Tr. at 99.

  353 Taylor Dep. Tr. at 195.

  354 Vindman Dep. Tr. at 182.

  355 Sandy Dep. Tr. at 54.

  356 Sandy Dep. Tr. at 54, 96-98.

  357 Sandy Dep. Tr. at 97.

  358 Sandy Dep. Tr. at 97.

  359 Hale Dep. Tr. at 81.

  360 Cooper Dep. Tr. at 47.

  361 Hale Dep. Tr. at 81; see also Vindman Dep. Tr. at 184 (“It was unanimous consensus on the approach that we had laid out in expanding engagement, the areas of cooperation that we wanted to focus on, and that this should be elevated to a PC as quickly as possible to release the hold on security assistance because we’re talking about the end of July, and time these funds were set to expire September 30th, so there was some urgency to it.”); Cooper Dep. Tr. at 49 (“Although each member went around to talk about how important it [security assistance] was and how they assessed the future in Ukraine based on the recent election results.”).

  362 Morrison Dep. Tr. at 165.

  363 Cooper Dep. Tr. at 93.

  364 Cooper Dep. Tr. at 49, 93.

  365 Nixon’s Presidency: Crisis for Congress, New York Times (Mar. 5, 1973) (online at www.nytimes.com/1973/03/05/archives/nixons-presidency-crisis-for-congress-this-is-the-second-of-a.html).

  366 Congressional Research Service, The Congressional Budget Act of 1974 (P.L. 93-344) Legislative History and Analysis (Feb. 26, 1975) (online at https://budgetcounsel.files.wordpress.com/2018/05/added-crs-the-congressional-budget-act-of-1974-p-l-93-344-legislative-history-and-analysis-order-code-75-94-s-february-26-1975.pdf).

  367 Calvin Coolidge Presidential Foundation, The History of the 1921 and 1974 Budget Acts (Nov. 26, 2014); So…this is Nixon’s Fault?, Politico (Oct. 21, 2015) (online at www.politico.com/agenda/story/2015/10/richard-nixon-congressional-budget-control-act-history-000282).

  368 2 U.S.C. § 683.

  369 U.S. Government Accountability Office, Impoundment Control Act—Withholding of Funds through Their Date of Expiration (Dec. 10, 2018) (online at www.gao.gov/assets/700/695889.pdf).

  370 Cooper Dep. Tr. at 47-48. With regard to interagency discussions about the legality of the hold, Vindman testified “[s]o I’m not a legal expert, but there was a sufficient amount of—a significant amount of work done to determine whether it was legal for OMB to be able to place the hold…. I think at the—so my recollection in the [July 18th] sub-PCC was that the matter was raised; at the [July 23rd] PCC, it was tasked for further development; and I think by the time it got to our [July 26th] DSG it was determined that, you know, there was a legal basis to hold.” Vindman Dep. Tr. at 185.

  371 Vindman Dep. Tr. at 184.

  372 Morrison Dep. Tr. at 165.

  373 Morrison Dep. Tr. at 264.

  374 Morrison Dep. Tr. at 264.

  375 Morrison Dep. Tr. at 264.

  376 Cooper Dep. Tr. at 51.

  377 Cooper Dep. Tr. at 51; see also Cooper Dep. Tr. at 113 (explaining that she relied on a conversation with DOD legal to form her understanding of the two proper legal mechanisms).

  378 2 U.S.C. § 683.

  379 Cooper Dep. Tr. at 58-59.

  380 Cooper Dep. Tr. at 114.

  381 Cooper Dep. Tr. at 51, 57; Sandy Dep. Tr. at 147-148.

  382 31 U.S.C. §§ 1511-1516.

  383 Sandy Dep. Tr. at 87, 163.

  384 Sandy Dep. Tr. at 34-35.

  385 Sandy Dep. Tr. at 51.

  386 Sandy Dep. Tr. at 23.

  387 Sandy Dep. Tr. at 33-35, 51-52.

  388 Sandy Dep. Tr. at 86.

  389 Sandy Dep. Tr. at 86-87.

  390 Sandy Dep. Tr. at 86.

  391 Sandy, Dep. Tr. at 87-88.

  392 SF-132 Apportionment Schedule FY 2019, OMB Footnote A4 (July 25, 2019).

  393 Sandy Dep. Tr. at 94.

  394 Sandy Dep. Tr. at 94.

  395 Sandy Dep. Tr. at 94-95; SF-132 Apportionment Schedule FY 2019, OMB Footnote A4 (July 25, 2019).

  396 Sandy Dep. Tr. at 87.

  397 SF-132 Apportionment Schedule FY 2019, OMB Footnote A4 (July 25, 2019); Sandy Dep. Tr. at 92.

  398 Sandy Dep. Tr. at 101.

  399 Sandy Dep. Tr. at 102.

  400 Sandy Dep. Tr. at 96-97, 102.

  401 Sandy Dep. Tr. at 101-102.

  402 Sandy Dep. Tr. at 63.

  403 Sandy Dep. Tr. at 63.

  404 Sandy Dep. Tr. at 102.

  405 Sandy Dep. Tr. at 64-65.

  406 Sandy Dep. Tr. at 65.

  407 Sandy Dep. Tr. at 108-109.

  408 Sandy Dep. Tr. at 104, 119-120.

  409 Cooper Dep. Tr. at 58-59.

  410 Cooper Dep. Tr. at 58-59.

  411 Cooper Dep. Tr. at 59.

  412 Sandy Dep. Tr. at 74-75, 127-128.

  413 SF-132 Apportionment Schedule FY 2019, OMB Footnote A4 (August 6, 2019); SF-132 Apportionment Schedule FY 2019, OMB Footnote A4 (August 15, 2019). Because of a drafting error in which OMB forgot to extend the date, the footnotes technically did not restrict DOD from spending funds between August 12 and August 20 (the date of the subsequent funding document reinstating the hold). However, Sandy testified that the hold was still in place and that the direction from the President remained unchanged. Sandy Dep. Tr. at 124-126.

  414 SF-132 Apportionment Schedule FY 2019, OMB Footnote A4 (August 6, 2019); SF-132 Apportionment Schedule FY 2019, OMB Footnote A4 (August 15, 2019); SF-132 Apportionment Schedule FY 2019, OMB Footnote A4 (August 20, 2019); SF-132 Apportionment Schedule FY 2019, OMB Footnote A4 (August 27, 2019); SF-132 Apportionment Schedule FY 2019, OMB Footnote A4 (August 31, 2019); SF-132 Apportionment Schedule FY 2019, OMB Footnote A4 (Sept. 5, 2019); SF-13; SF-132 Apportionment Schedule FY 2019, OMB Footnote A4 (Sept. 6, 2019); Apportionment Schedule FY 2019, OMB Footnote A4 (Sept. 10, 2019)

 
; 415 Cooper Dep. Tr. at 91-92.

  416 Cooper Dep. Tr. at 92.

  417 Kent Dep. Tr. at 318-319.

  418 Sandy Dep. Tr. at 56-61.

  419 Sandy Dep. Tr. at 59-60.

  420 Sandy Dep. Tr. at 60-61.

  421 Sandy Dep. Tr. at 75, 127-128; Cooper Dep. Tr. at 57-58; see also Cooper Dep. Tr. at 59, (“And along the way, [the] Defense Security Cooperation Agency was expressing doubt that they could do it.”).

  422 Cooper Dep. Tr. at 80-81. Ultimately, as described below, DOD was able to obligate all but approximately $35 million in USAI funds by September 30th. Sandy Dep. Tr. at 146-147.

  423 Sandy Dep. Tr. at 127-128.

  424 Sandy Dep. Tr. at 95.

  425 SF-132 Apportionment Schedule FY 2019 (August 20, 2019); SF-132 Apportionment Schedule FY 2019 (August 27, 2019); SF-132 Apportionment Schedule FY 2019 (August 31, 2019); SF-132 Apportionment Schedule FY 2019 (September 5, 2019); SF-132 Apportionment Schedule FY 2019 (September 6, 2019); SF-132 Apportionment Schedule FY 2019 (September 10, 2019).

  426 SF-132 Apportionment Schedule FY 2019 (August 20, 2019) (funds not available for obligation until August 26); SF-132 Apportionment Schedule FY 2019 (August 27, 2019) (funds not available for obligation until August 31); SF-132 Apportionment Schedule FY 2019 (August 31, 2019) (funds not available for obligation until September 5); SF-132 Apportionment Schedule FY 2019 (September 5, 2019) (funds not available for obligation until September 7); SF-132 Apportionment Schedule FY 2019 (September 6, 2019) (funds not available for obligation until September 11); SF-132 Apportionment Schedule FY 2019 (September 10, 2019) (funds not available for obligation until September 12).

  427 Sandy Dep. Tr. at 131.

  428 Sandy Dep. Tr. at 136-137.

  429 Sandy Dep. Tr. at 136.

  430 Sandy Dep. Tr. at 135-137, 150-155.

  431 Sandy Dep. Tr. at 149-152.

  432 Sandy Dep. Tr. at 152.

  433 Sandy Dep. Tr. at 150-156.

  434 Morrison Dep. Tr. at 266-267.

  435 Morrison Dep. Tr. at 268.

  436 Morrison Dep. Tr. at 267.

  437 Vindman Dep. Tr. at 186.

  438 Vindman Dep. Tr. at 186.

  439 Vindman Dep. Tr. at 187-188.

  440 Morrison Dep. Tr. at 167-168.

  441 Morrison Dep. Tr. at 170-171.