The Impeachment Report
Page 41
Ambassador Sondland participated in the deposition on October 17, in compliance with the Committees’ subpoena.306 During the deposition, Ambassador Sondland’s personal attorney stated:
But we also wish to emphasize that it’s his belief, and ours, that the Committee should have access to all relevant documents, and he regrets that they have not been provided in advance of his testimony. Having those documents would lead to a more fulsome and accurate inquiry into the matters at hand. Indeed, Ambassador Sondland has not had access to all of the State Department records that would help him refresh his recollection in anticipation of this testimony.307
During the deposition, Ambassador Sondland stated:
I was truly disappointed that the State Department prevented me at the last minute from testifying earlier on October 8, 2019. But your issuance of a subpoena has supported my appearance here today, and I’m pleased to provide the following testimony.308
On November 4, Ambassador Sondland’s personal attorney transmitted to the Committees a sworn declaration from Ambassador Sondland, which supplemented his deposition testimony and noted that despite “repeated requests to the White House and the State Department,” he still had not been granted access to records he sought to review to determine if he could “provide more complete testimony to assist Congress.”309
On November 20, the Committees transmitted a subpoena to Ambassador Sondland compelling him to testify at a public hearing of the Intelligence Committee that same day.310 Ambassador Sondland complied with the Committees’ subpoena and testified at the public hearing. During the hearing, Ambassador Sondland described the direction he received from the White House:
Q:
Ambassador Sondland, in your deposition, you lamented, quote: I was truly disappointed that the State Department prevented me at the last minute from testifying earlier on October 8, 2019, but your issuance of a subpoena has supported my appearance here today, and I am pleased to provide the following testimony. So it is clear that the White House, the State Department did not want you to testify at that deposition. Is that correct?
A:
That is correct.
Q:
And since then, you have on numerous occasions during your opening statement today indicated that you have not been able to access documents in the State Department. Is that correct?
A:
Correct.
Q:
So you have been hampered in your ability to provide testimony to this committee. Is that correct?
A:
I have been hampered to provide completely accurate testimony without the benefit of those documents.311
George P. Kent, Deputy Assistant Secretary of State, Bureau of European and Eurasian Affairs, Department of State
On September 13, 2019, the Committees sent a letter to Secretary of State Pompeo seeking a transcribed interview with Deputy Assistant Secretary of State George Kent and other State Department officials.312 The Committees received no direct, substantive response to this letter.
On September 27, the Committees sent a letter informing Secretary Pompeo that Mr. Kent’s deposition was being scheduled on October 7.313 That same day, the Committees sent a letter directly to Mr. Kent seeking his appearance at the deposition on that date.314 Later that day, Mr. Kent sent an email to Committee staff acknowledging receipt of the Committees’ request and copying an official from the Office of Legislative Affairs at the Department of State.315 On October 1, Secretary Pompeo sent a letter to the Committees stating that Mr. Kent “may not attend” the deposition.316
After consulting with Mr. Kent’s personal attorney, the Committees rescheduled his deposition for October 15.317 On October 10, Under Secretary Bulatao sent a letter to Mr. Kent’s personal attorney enclosing the White House Counsel’s letter of October 8, and stating:
I write on behalf of the Department of State, pursuant to the President’s instruction reflected in Mr. Cipollone’s letter, to instruct your client (as a current employee of the Department of State), consistent with Mr. Cipollone’s letter, not to appear before the Committees under the present circumstances.318
On October 15, the Committees sent a letter to Mr. Kent’s personal attorney transmitting a subpoena compelling him to appear at a deposition on that date.319
Mr. Kent participated in the deposition on October 15, in compliance with the Committees’ subpoena.320 During the deposition, he stated:
As you all know, I am appearing here in response to your congressional subpoena. If I did not appear I would have been exposed to being held in contempt. At the same time, I have been instructed by my employer, the U.S. Department of State, not to appear. I do not know the Department of State’s views on disregarding that order.321
On November 13, the Committees transmitted a subpoena to Mr. Kent compelling him to testify at a public hearing before the Intelligence Committee on that day.322 Mr. Kent complied with the Committees’ subpoena and testified at the public hearing. During the hearing, Mr. Kent described the direction he received from the White House, stating that he “received, initially, a letter directing me not to appear. And once the committees issued a subpoena, I was under legal obligation to appear, and I am here today under subpoena.”323
Ambassador William B. Taylor, Jr., Chargé d’Affaires for U.S. Embassy in Kyiv, Department of State
On October 4, 2019, the Committees sent a letter to Deputy Secretary of State John Sullivan seeking a deposition with Ambassador William B. Taylor, Jr. on October 15.324 That same day, the Committees sent a letter directly to Ambassador Taylor seeking his appearance at the deposition.325
On October 14, after consulting with Ambassador Taylor’s counsel, the Committees sent a letter to Ambassador Taylor stating: “We hereby write to adjourn the date and time of your deposition to Tuesday, October 22, 2019, at 9:30 a.m. at the Capitol, HVC-304.”326
On October 22, the Committees transmitted a subpoena to Ambassador Taylor’s personal attorneys compelling Ambassador Taylor to appear at a deposition on that date, stating:
In light of recent attempts by the Administration to direct witnesses not to appear voluntarily for depositions, the enclosed subpoena compels your client’s mandatory appearance at today’s deposition.327
Ambassador Taylor participated in the deposition on October 22, in compliance with the Committees’ subpoena. During the deposition, Ambassador Taylor’s personal attorney stated, in regard to communications with the Department of State:
They sent us the directive that said he should not appear under I think the quote is under the present circumstances. We told the majority that we could not appear; he’d been instructed not to. We saw the pattern.328
On November 13, the Committees transmitted a subpoena to Ambassador Taylor compelling him to testify at a public hearing of the Intelligence Committee that same day.329 Ambassador Taylor complied with the Committees’ subpoena and testified at the public hearing. During the hearing, Ambassador Taylor described the direction he received from the State Department:
Q:
Ambassador, were you also asked not to be part of the deposition?
A:
Mr. Quigley, I was told by the State Department: Don’t appear under these circumstances. That was in the letter to me. And when I got the subpoena, exactly as Mr. Kent said, that was different circumstances and obeyed a legal subpoena. So, yes, sir, I’m here for that reason.330
Catherine Croft and Christopher Anderson, Department of State
On October 24, 2019, the Committees sent letters to the personal attorney representing two State Department officials
, Catherine Croft and Christopher Anderson, seeking their attendance at depositions on October 30 and November 1, respectively.331
On October 25, their attorney sent a letter to the Committees acknowledging receipt of the Committees’ requests and stating that “we are in the process of contacting the Office of the Legal Advisor of the Department of State in an effort to learn the disposition of that Office with regard to the Committee’s request.”332
On October 28, Under Secretary Bulatao sent letters to the personal attorney for Ms. Croft and Mr. Anderson. Both letters enclosed the White House Counsel’s October 8 letter and stated:
Pursuant to Mr. Cipollone’s letter and in light of these defects, we are writing to inform you and Ms. Croft of the Administration-wide direction that Executive Branch personnel “cannot participate in [the impeachment] inquiry under these circumstances.”333
On October 30, the Committees transmitted subpoenas to the personal attorney for Ms. Croft and Mr. Anderson compelling their appearance at depositions on October 30, stating:
In light of recent attempts by the Administration to direct witnesses not to appear voluntarily for depositions, the enclosed subpoenas compel your clients’ mandatory appearance.334
Ms. Croft and Mr. Anderson participated in their depositions on October 30, in compliance with the Committees’ subpoenas.335 During Ms. Croft’s deposition, her personal attorney stated:
On October 28th, 2019, Ms. Croft received a letter through her lawyers from Under Secretary of State Brian Bulatao, in which we were instructed that Ms. Croft cannot participate in the impeachment inquiry being conducted by the House of Representatives and these committees. Under Secretary Bulatao’s letter stated that these instructions were issued pursuant to a directive from the Office of White House Counsel. Nonetheless, Ms. Croft has been served with a valid subpoena, and so she is obliged to be here today.336
During Mr. Anderson’s deposition, his personal attorney stated:
On October 28th, 2019, Mr. Anderson received a letter, through his lawyers, from Under Secretary of State Brian Bulatao in which we were instructed that Mr. Anderson cannot participate in the impeachment inquiry being conducted by the House of Representatives and these committees. Under Secretary Bulatao’s letter stated that these instructions were issued pursuant to a directive from the Office of White House Counsel. Nonetheless, Mr. Anderson has been served with a valid subpoena, and so he is obliged to be here today.337
Laura K. Cooper, Deputy Assistant Secretary of Defense for Russia, Ukraine, and Eurasia, Department of Defense
On October 11, the Committees sent a letter to Deputy Assistant Secretary of Defense Laura K. Cooper seeking her attendance at a deposition on October 18.338
After consulting with Ms. Cooper’s personal attorney, the Committees rescheduled her deposition for October 23.
On October 22, Deputy Secretary of Defense David L. Norquist sent a letter to Ms. Cooper’s personal attorney, stating:
This letter informs you and Ms. Cooper of the Administration-wide direction that Executive Branch personnel “cannot participate in [the impeachment] inquiry under these circumstances” [Tab C]. In the event that the Committees issue a subpoena to compel Ms. Cooper’s appearance, you should be aware that the Supreme Court has held, in United States v. Rumely, 345 U.S. 41 (1953), that a person cannot be sanctioned for refusing to comply with a congressional subpoena unauthorized by House Rule or Resolution.339
On October 23, the Committees sent an email transmitting a subpoena compelling Ms. Cooper to appear at a deposition on that date, stating:
In light of recent attempts by the Administration to direct witnesses not to appear voluntarily for depositions, the enclosed subpoena compels your client’s mandatory appearance at today’s deposition.340
Ms. Cooper participated in the deposition on October 23, in compliance with the Committees’ subpoena.341
During her deposition, Ms. Cooper stated with regard to the Department of Defense, “They instructed me yesterday not to participate.”342
On November 20, the Committees transmitted a subpoena to Ms. Cooper compelling her to testify at a public hearing before the Intelligence Committee on that day.343 Ms. Cooper complied with the Committees’ subpoena and testified at the public hearing.344
Mark Sandy, Deputy Associate Director of National Security Programs, Office of Management and Budget
On November 5, the Committees sent a letter to Mark Sandy, the Deputy Associate Director of National Security Programs at OMB, seeking his appearance at a deposition on November 8.345 On November 6, Mr. Sandy responded to confirm receipt of the Committees’ letter.346
On November 7, an attorney at OMB sent an email to Committee staff stating:
In light of the Committee’s rules that prohibit agency counsel from being present in a deposition of an executive branch witness and consistent with the November 1, 2019 OLC letter opinion addressing this issue, OMB has directed Mr. Sandy not to appear at tomorrow’s deposition.347
After consulting with Mr. Sandy’s personal attorney, the Committees rescheduled his deposition for November 16.
On November 16, the Committees sent an email transmitting a subpoena compelling Mr. Sandy to appear at a deposition on that date, stating:
In light of recent attempts by the Administration to direct witnesses not to appear voluntarily for depositions, the enclosed subpoena compels your client’s mandatory appearance.348
Mr. Sandy participated in the deposition on November 16, in compliance with the Committees’ subpoena.349 During his deposition, Mr. Sandy also testified that the Administration sent his personal attorney an official communication with further direction, stating: “It did direct me to have my personal counsel ask for a postponement until agency counsel could accompany me.”350
Dr. Fiona Hill, Former Deputy Assistant to the President and Senior Director for Europe and Russian Affairs, National Security Council
On October 9, 2019, the Committees sent a letter seeking Dr. Hill’s testimony at a deposition on October 14.351 On October 13, Dr. Hill’s personal attorney informed the White House that she intended to appear at the scheduled deposition.352 On October 14, the White House sent a letter to Dr. Hill’s personal attorney stating that “Dr. Hill is not authorized to reveal or release any classified information or any information subject to executive privilege.”353 Also on October 14, the Committees sent Dr. Hill a subpoena seeking her testimony the same day.354 Dr. Hill complied and participated in the deposition.355
On November 18, Dr. Hill’s personal attorney sent a letter to the White House stating that Dr. Hill had been invited to provide testimony at a public hearing on November 21, and stating: “We continue to disagree with regard to the parameters of executive privilege as you articulated it on October 14 and our prior telephone calls.”356 On November 20, the White House sent a letter to Dr. Hill’s personal attorney stating that Dr. Hill “continues to be bound by important obligations to refrain from disclosing classified information or information subject to executive privilege in her upcoming testimony before the House Permanent Select Committee on Intelligence.”357 On November 21, the Committees sent Dr. Hill a subpoena seeking her testimony the same day.358 Dr. Hill also complied with this subpoena and testified at the public hearing.359
Lieutenant Colonel Alexander S. Vindman, Director for Ukraine, National Security Council
On October 16, 2019, the Committees sent a letter seeking Lt. Col. Alexander Vindman’s testimony at a deposition on October 24.360 After discussions with Lt. Col. Vindman’s personal attorneys, the deposition was rescheduled to October 29. On October 29, the Committees sent Lt. Col. Vindman a subpoena seeking his testimony the same day.361 Lt. Col. Vindman complied.362 In addition, on November 19, the Committees conveyed a subpoena seeking Lt. Col. Vindman’s testimony at a public hearing that same day.363 Lt. Col. Vindman also
complied with this subpoena and testified at the public hearing.364
Timothy Morrison, Former Deputy Assistant to the President and Senior Director for Europe and Russia, National Security Council
On October 16, 2019, the Committees sent a letter to Timothy Morrison seeking his testimony at a deposition on October 25.365 After discussions with Mr. Morrison’s personal attorney, the deposition was rescheduled to October 31. On October 31, the Committees sent Mr. Morrison a subpoena seeking his testimony the same day.366 Mr. Morrison complied.367 In addition, on November 19, the Committees conveyed a subpoena seeking Mr. Morrison’s testimony at a public hearing that same day.368 Mr. Morrison also complied with this subpoena and testified at the public hearing.369
David Hale, Under Secretary for Political Affairs, Department of State
On November 1, 2019, the Committees sent a letter seeking Under Secretary David Hale’s testimony at a deposition on November 6.370 On November 5, Mr. Hale’s counsel wrote to the Committees, stating that Mr. Hale would be willing to testify pursuant to a subpoena.371
On November 6, the Committees sent Mr. Hale a subpoena seeking his testimony the same day.372 Mr. Hale complied.373 In addition, on November 20, the Committees conveyed a subpoena seeking Mr. Hale’s testimony at a public hearing that same day.374 Mr. Hale also complied with this subpoena and testified at the public hearing.375
David Holmes, Counselor for Political Affairs at the U.S. Embassy in Kyiv, Ukraine, Department of State
On November 12, 2019, the Committees sent a letter to Political Counselor David Holmes’ personal attorney seeking his testimony at a deposition on November 15.376 On November 15, the Committees conveyed a subpoena to Mr. Holmes’ personal attorney seeking his testimony the same day.377 Mr. Holmes complied.378 In addition, on November 21, the Committees conveyed a subpoena seeking Mr. Holmes’ testimony at a public hearing that same day.379 Mr. Holmes also complied with this subpoena and testified at the public hearing.380