230 Letter from William A. Burck, Counsel to John A. Eisenberg, Deputy Counsel to the President for National Security Affairs and Legal Advisor to the National Security Council, National Security Council, The White House, to Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform (Nov. 4, 2019).
231 Letter from Pat A. Cipollone, Counsel to the President, The White House, to William A. Burck, Counsel to John A. Eisenberg, Deputy Counsel to the President for National Security Affairs and Legal Advisor to the National Security Council, National Security Council, The White House (Nov. 3, 2019).
232 Letter from Steven A. Engel, Assistant Attorney General, Office of Legal Counsel, Department of Justice, to Pat A. Cipollone, Counsel to the President, the White House (Nov. 3, 2019).
233 Eisenberg Dep. Tr. at 6-8.
234 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform, to Michael Ellis, Senior Associate Counsel to the President and Deputy Legal Advisor to the National Security Council, National Security Council, The White House (Oct. 30, 2019).
235 Email from Paul Butler, Counsel to Michael Ellis, Senior Associate Counsel to the President and Deputy Legal Advisor to the National Security Council, National Security Council, The White House, to Committee Staff (Nov. 2, 2019).
236 Email from Paul Butler, Counsel to Michael Ellis, Senior Associate Counsel to the President and Deputy Legal Advisor to the National Security Council, National Security Council, The White House, to Committee Staff (Nov. 3, 2019).
237 Letter from Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform, Chairman Eliot L. Engel, House Committee on Foreign Affairs, to Paul W. Butler, Counsel to Michael Ellis, Senior Associate Counsel to the President and Deputy Legal Advisor to the National Security Council, National Security Council, The White House (Nov. 3, 2019); House Permanent Select Committee on Intelligence, Subpoena to Michael Ellis, Senior Associate Counsel to the President and Deputy Legal Advisor to the National Security Council, National Security Council, The White House (Nov. 3, 2019).
238 Ellis Dep. Tr. at 7.
239 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform, to Preston Wells Griffith, Senior Director for International Energy and Environment, National Security Council (Oct. 24, 2019).
240 Letter from Karen D. Williams, Counsel to Preston Wells Griffith, Senior Director for International Energy and Environment, National Security Council, to Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform (Nov. 4, 2019).
241 Letter from Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform, and Chairman Eliot L. Engel, House Committee on Foreign Affairs, to Karen D. Williams, Counsel to Preston Wells Griffith, Senior Director for International Energy and Environment, National Security Council (Nov. 4, 2019); House Permanent Select Committee on Intelligence, Subpoena to Preston Wells Griffith, Senior Director for International Energy and Environment, National Security Council (Nov. 4, 2019).
242 Griffith Dep. Tr. at 5-6.
243 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform, to Dr. Charles M. Kupperman, Former Deputy Assistant to the President for National Security Affairs, National Security Council (Oct. 16, 2019).
244 Email from Committee Staff to Charles J. Cooper and Michael W. Kirk, Counsel to Dr. Charles M. Kupperman, Former Deputy Assistant to the President for National Security Affairs, National Security Council (Oct. 25, 2019); House Permanent Select Committee on Intelligence, Subpoena to Dr. Charles M. Kupperman, Former Deputy Assistant to the President for National Security Affairs, National Security Council (Oct. 25, 2019).
245 Compl., Kupperman v. U.S. House of Representatives et al., No. 19 Civ. 3224 (D.D.C. filed Oct. 25, 2019).
246 Email from Michael W. Kirk, Counsel to Dr. Charles M. Kupperman, Former Deputy Assistant to the President for National Security Affairs, National Security Council, to Committee Staff (Oct. 25, 2019).
247 Letter from Pat A. Cipollone, Counsel to the President, The White House, to Charles J. Cooper, Counsel to Dr. Charles M. Kupperman, Former Deputy Assistant to the President for National Security Affairs, National Security Council (Oct. 25, 2019).
248 Letter from Steven A. Engel, Assistant Attorney General, Office of Legal Counsel, Department of Justice, to Pat A. Cipollone, Counsel to the President, The White House (Oct. 25, 2019).
249 Letter from Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, Chairman Eliot L. Engel, House Committee on Foreign Affairs, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform, to Charles J. Cooper and Michael W. Kirk, Counsel to Dr. Charles M. Kupperman, Former Deputy Assistant to the President for National Security Affairs, National Security Council (Oct. 26, 2019).
250 Letter from Charles J. Cooper, Counsel to Dr. Charles M. Kupperman, Former Deputy Assistant to the President for National Security Affairs, National Security Council, to Committee Staff (Oct. 26, 2019).
251 Letter from Charles J. Cooper, Counsel to Dr. Charles M. Kupperman, Former Deputy Assistant to the President for National Security Affairs, National Security Council, to Committee Staff (Oct. 27, 2019).
252 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform to Charles J. Cooper and Michael W. Kirk, Counsel to Dr. Charles M. Kupperman, Former Deputy Assistant to the President for National Security Affairs, National Security Council, (Nov. 5, 2019).
253 Letter from Charles J. Cooper, Counsel to Dr. Charles M. Kupperman, Former Deputy Assistant to the President for National Security Affairs, National Security Council, to Douglas N. Letter, General Counsel, House of Representatives (Nov. 8, 2019).
254 Committee on the Judiciary v. McGahn, Memorandum Opinion (D.D.C. Nov. 25, 2019) (“To make the point as plain as possible, it is clear to this Court for the reasons explained above that, with respect to senior-level presidential aides, absolute immunity from compelled congressional process simply does not exist. Indeed, absolute testimonial immunity for senior-level White House aides appears to be a fiction that has been fastidiously maintained over time through the force of sheer repetition in OLC opinions, and through accommodations that have permitted its proponents to avoid having the proposition tested in the crucible of litigation. And because the contention that a President’s top advisors cannot be subjected to compulsory congressional process simply has no basis in the law, it does not matter whether such immunity would theoretically be available to only a handful of presidential aides due to the sensitivity of their positions, or to the entire Executive branch. Nor does it make any difference whether the aides in question are privy to national security matters, or work solely on domestic issues.”). As of this report, an appeal is pending in the D.C. Circuit. No. 19-5331 (D.C. Cir.).
255 See, Kupperman v. U.S. House of Representatives, et al., No. 19 Civ. 3224 (D.D.C.). As of this report, the House Defendants’ Motion to Dismiss (Nov. 14, 2019), ECF No. 41, remains
pending. Although the Committee will not reissue the subpoena to Dr. Kupperman and the court case is moot, he could choose to appear on a voluntary basis to assist Congress in the discharge of its Constitutional responsibilities.
256 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform, to Acting Director Russell T. Vought, Office of Management and Budget (Oct. 11, 2019).
257 Email from Jessica L. Donlon, Deputy General Counsel for Oversight, Office of Management and Budget, to Committee Staff (Oct. 21, 2019).
258 Russell T. Vought, Twitter (Oct. 21, 2019) (online at https://twitter.com/RussVought45/status/1186276793172578306?s=20).
259 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform, to Acting Director Russell T. Vought, Office of Management and Budget (Oct. 25, 2019).
260 Letter from Jason A. Yaworske, Associate Director for Legislative Affairs, Office of Management and Budget, to Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence (Nov. 4, 2019).
261 Vought Dep. Tr. at 10-11.
262 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform, to Associate Director Michael Duffey, Office of Management and Budget (Oct. 11, 2019).
263 Email from Jessica L. Donlon, Deputy General Counsel for Oversight, Office of Management and Budget, to Committee Staff (Oct. 21, 2019).
264 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform, to Michael Duffey, Associate Director of National Security Programs, Office of Management and Budget (Oct. 25, 2019) (online at https://intelligence.house.gov/uploadedfiles/20191025_-_letter_duffey_re_subpoena.pdf); House Permanent Select Committee on Intelligence, Subpoena to Michael Duffey, Associate Director of National Security Programs, Office of Management and Budget (Oct. 25, 2019).
265 Letter from Jason A. Yaworske, Associate Director for Legislative Affairs, Office of Management and Budget, to Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence (Nov. 4, 2019).
266 Duffey Dep. Tr. at 7.
267 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform, to Brian McCormack, Associate Director for Natural Resources, Energy, and Science, Office of Management and Budget (Oct. 24, 2019).
268 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform, to Brian McCormack, Associate Director for Natural Resources, Energy, and Science, Office of Management and Budget (Nov. 1, 2019); House Permanent Select Committee on Intelligence, Subpoena to Brian McCormack, Associate Director for Natural Resources, Energy, and Science, Office of Management and Budget (Nov. 1, 2019).
269 Letter from Jason A. Yaworske, Associate Director for Legislative Affairs, Office of Management and Budget, to Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence (Nov. 4, 2019).
270 McCormack Dep. Tr. at 6.
271 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform, to Secretary Michael R. Pompeo, Department of State (Sept. 13, 2019).
272 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform, to Secretary Michael R. Pompeo, Department of State (Sept. 27, 2019) (internal citations omitted) (online at https://oversight.house.gov/sites/democrats.oversight.house.gov/files/documents/2019-09-27.EEC%20Engel%20Schiff%20%20to%20Pompeo-%20State%20re%20Depositions.pdf).
273 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform, to T. Ulrich Brechbuhl, Counselor, Department of State (Sept. 27, 2019).
274 Letter from Secretary Michael R. Pompeo, Department of State, to Chairman Eliot L. Engel, House Committee on Foreign Affairs (Oct. 1, 2019) (Secretary Pompeo sent identical letters to Chairman Elijah. E. Cummings, House Committee on Oversight and Reform, and Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, the same day).
275 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform, to Deputy Secretary of State John J. Sullivan, Department of State (Oct. 1, 2019) (online at https://oversight.house.gov/sites/democrats.oversight.house.gov/files/documents/2019-10-01%20ELE%20ABS%20EEC%20TO%20DEPSEC%20SULLIVAN.pdf).
276 Email from Ronald J. Tenpas, Counsel to T. Ulrich Brechbuhl, Counselor, Department of State, to Committee Staff (Oct. 2, 2019).
277 Email from Committee Staff, to Ronald J. Tenpas, Counsel to T. Ulrich Brechbuhl, Counselor, Department of State (Oct. 8, 2019).
278 Email from Committee Staff, to Ronald J. Tenpas, Counsel to T. Ulrich Brechbuhl, Counselor, Department of State (Oct. 9, 2019).
279 Email from Ronald J. Tenpas, Counsel to T. Ulrich Brechbuhl, Counselor, Department of State, to Committee Staff (Oct. 9, 2019).
280 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform, to T. Ulrich Brechbuhl, Counselor, Department of State (Oct. 25, 2019); House Permanent Select Committee on Intelligence, Subpoena to T. Ulrich Brechbuhl, Counselor, Department of State (Oct. 25, 2019).
281 Letter from Ronald J. Tenpas, Counsel to T. Ulrich Brechbuhl, Counselor, Department of State to Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, Chairman Eliot L. Engel, House Committee on Foreign Affairs, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform (Nov. 5, 2019).
282 Brechbuhl Dep. Tr. at 4-5.
283 Email from Committee staff to Ronald J. Tenpas, Counsel to T. Ulrich Brechbuhl, Counselor, Department of State (Nov. 5, 2019); Email from Committee Staff to Ronald J. Tenpas, Counsel to T. Ulrich Brechbuhl, Counselor (Nov. 22, 2019).
284 Letter from Brian Bulatao, Under Secretary of State for Management, to Ronald J. Tenpas, Counsel to T. Ulrich Brechbuhl, Counselor, Department of State (Nov. 4, 2019.)
285 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform, to Secretary Rick Perry, Department of Energy (Nov. 1, 2019).
286 Letter from General Counsel Bill Cooper, Department of Energy, to Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, Chairman Eliot L. Engel, House Committee on Foreign Affairs, and Acting Chairwoman Carolyn B. Maloney, House Committee on Oversight and Reform (Nov. 5, 2019).
287 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Chairman Elijah E. Cummi
ngs, House Committee on Oversight and Reform, to Secretary Michael R. Pompeo, Department of State (Sept. 13, 2019).
288 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform, to Secretary Michael R. Pompeo, Department of State (Sept. 27, 2019) (internal citations omitted).
289 Letter from Chairman Eliot L. Engel, House Committee on Foreign Affairs, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform, to Ambassador Marie Yovanovitch, Former U.S. Ambassador to Ukraine, Department of State (Sept. 27, 2019).
290 Letter from Secretary Michael R. Pompeo, Department of State, to Chairman Eliot L. Engel, House Committee on Foreign Affairs (Oct. 1, 2019) (Secretary Pompeo sent identical letters to Chairman Elijah. E. Cummings, House Committee on Oversight and Reform, and Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, the same day).
291 Letter from Brian Bulatao, Under Secretary of State for Management, Department of State, to Lawrence S. Robbins, Counsel to Ambassador Marie Yovanovitch, Former U.S. Ambassador to Ukraine, Department of State (Oct. 10, 2019).
292 The White House, Remarks by President Trump Before Marine One Departure (Oct. 10, 2019) (online at www.whitehouse.gov/briefings-statements/remarks-president-trump-marine-one-departure-69/).
293 Letter from Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, Chairman Eliot L. Engel, House Committee on Foreign Affairs, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform, to Lawrence S. Robbins, Counsel to Ambassador Marie Yovanovitch, Former U.S. Ambassador to Ukraine, Department of State (Oct. 11, 2019); House Permanent Select Committee on Intelligence, Subpoena to Ambassador Marie Yovanovitch, Former U.S. Ambassador to Ukraine, Department of State (Oct. 11, 2019).
The Impeachment Report Page 47