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Procès en Impeachment

Sénat des Etats-Unis

Plaidoiries inaugurales
des « procureurs » de la Chambre
des représentants
22-23-24 janvier 2020

Compte-rendu intégral

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Congressional Record
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116 th CONGRESS, SECOND SESSION


United States
of America PROCEEDINGS AND DEBATES OF THE

Vol. 166 WASHINGTON, WEDNESDAY, JANUARY 22, 2020 No. 13

House of Representatives
The House was not in session today. Its next meeting will be held on Friday, January 24, 2020, at 2 p.m.

Senate
WEDNESDAY, JANUARY 22, 2020

The Senate met at 1 p.m. and was I pledge allegiance to the Flag of the The Senate will now hear you.
called to order by the Chief Justice of United States of America, and to the Repub- OPENING STATEMENT
the United States. lic for which it stands, one nation under God, Mr. Manager SCHIFF. Mr. Chief Jus-
indivisible, with liberty and justice for all.
f tice, Senators, counsel for the Presi-
f dent, and my fellow House managers: I
TRIAL OF DONALD J. TRUMP,
THE JOURNAL want to begin by thanking you, Chief
PRESIDENT OF THE UNITED
Justice, for a very long day, for the
STATES The CHIEF JUSTICE. Senators, will way you have presided over these pro-
The CHIEF JUSTICE. The Senate you please be seated. ceedings. I want to thank the Senators
will convene as a Court of Impeach- If there is no objection, the Journal also. We went well into the morning, as
ment. of the proceedings of the trial are ap- you know, until I believe around 2 in
The Chaplain will offer a prayer. proved to date. the morning. You paid attention to
f Without objection, it is so ordered. every word and argument you heard
The Sergeant at Arms will make the from both sides in this impeachment
PRAYER
proclamation. trial, and I know we are both deeply
The Chaplain, Dr. Barry C. Black, of- The Sergeant at Arms, Michael C. grateful for that.
fered the following prayer: Stenger, made proclamation as follows: It was an exhausting day for us, cer-
Let us pray.
Sovereign God, author of liberty, we Hear ye! Hear ye! Hear ye! All persons are tainly, but we have adrenaline going
commanded to keep silence, on pain of im- through our veins. For those who are
gather in this historic Chamber for the prisonment, while the Senate of the United
solemn responsibility of these im- required to sit and listen, it is a much
States is sitting for the trial of the articles more difficult task. Of course, we know
peachment proceedings. Give wisdom of impeachment exhibited by the House of
to the distinguished Chief Justice, Representatives against Donald John Trump,
our positions. You have the added dif-
John Roberts, as he presides. President of the United States. ficulty of having to weigh the facts and
Lord, You are all-powerful and know the law. So I want to begin today by
The CHIEF JUSTICE. The majority thanking you for the conduct of the
our thoughts before we form them. As leader is recognized.
our lawmakers have become jurors, re- proceedings yesterday and inviting
mind them of Your admonition in 1 Co- f your patience as we go forward. We
rinthians 10:31, that whatever they do ORDER OF PROCEDURE have some very long days yet to come.
should be done for Your glory. Help So let us begin.
Mr. MCCONNELL. Mr. Chief Justice, ‘‘When a man unprincipled in private
them remember that patriots reside on
for the information of all of our col- life, desperate in his fortune, bold in
both sides of the aisle, that words have
consequences, and that how something leagues, no motions—no motions—were his temper, possessed of considerable
is said can be as important as what is filed this morning, so we will proceed talents, having the advantage of mili-
said. Give them a civility built upon to the House managers’ presentation. tary habits, despotic in his ordinary
integrity that brings consistency in We will go for approximately 2 hours demeanor, known to have scoffed in
their beliefs and actions. and take a short recess when there is private at the principles of liberty—
We pray in Your powerful Name. an appropriate break time between pre- when such a man is seen to mount the
Amen. senters. hobby horse of popularity, to join in
f The CHIEF JUSTICE. Pursuant to the cry of danger to liberty, to take
the provisions of S. Res. 483, the man- every opportunity of embarrassing the
PLEDGE OF ALLEGIANCE agers for the House of Representatives general government and bringing it
The Chief Justice led the Pledge of have 24 hours to make the presentation under suspicion, to flatter and fall in
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Allegiance, as follows: of their case. with all the nonsense of the zealots of

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S443

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S444 CONGRESSIONAL RECORD — SENATE January 22, 2020
the day, it may justly be suspected for a man who believed that he was wanted the corrupt prosecutor removed
that his object is to throw things into above the law and beholden to no one; from power in order to stop an inves-
confusion that he may ride the storm for a man, in short, who would be a tigation into Burisma Holdings, a com-
and direct the whirlwind.’’ King. pany on whose board Biden’s son Hun-
Those words were written by Alex- We are here today in this hallowed ter sat.
ander Hamilton in a letter to President Chamber undertaking this solemn ac- This allegation is simply untrue. It
George Washington at the height of the tion for only the third time in history has been widely debunked by Ukrain-
panic of 1792, a financial credit crisis because Donald J. Trump, the 45th ian and American experts alike. That
that shook our young Nation. Ham- President of the United States, has reality mattered not to President
ilton was responding to sentiments re- acted precisely as Hamilton and his Trump. To him, the value in promoting
layed to Washington as he traveled the contemporaries feared. President a negative tale about former Vice
country that America, in the face of Trump solicited foreign interference in President Biden—true or false—was its
that crisis, might descend from a re- our democratic elections, abusing the usefulness to his reelection campaign.
publican form of government, plunging power of his office, to seek help from It was a smear tactic against a polit-
instead into that of monarchy. abroad to improve his reelection pros- ical opponent that President Trump
The Framers of the Constitution wor- pects at home. When he was caught, he apparently feared.
ried then, as we worry today, that a used the powers of that office to ob- Remarkably but predictably, Russia,
leader might come to power not to struct the investigation into his own too, has sought to support this effort to
carry out the will of the people he was misconduct. smear Mr. Biden, reportedly hacking
elected to represent but to pursue his To implement this corrupt scheme, into the Ukraine energy company at
own interests. They feared that a President Trump pressured the Presi- the center of the President’s
President would subvert our democracy dent of Ukraine to publicly announce disinformation campaign only last
by abusing the awesome power of his investigations into two discredited al- week.
office for his own personal or political legations that would benefit President Russia almost certainly was looking
gain. And so they devised a remedy as Trump’s 2020 Presidential campaign. for information related to the former
powerful as the evil it was meant to When the Ukrainian President did not Vice President’s son so that the Krem-
combat: impeachment. immediately assent, President Trump lin could also weaponize it against Mr.
As centuries have passed, our Found- withheld two official acts to induce the Biden, just like it did against Hillary
ers achieved an almost mythical char- Ukrainian leader to comply: a head-of- Clinton in 2016, when Russia hacked
acter. We are aware of their flaws, cer- state meeting in the Oval Office and and released emails from her Presi-
tainly some very painful and pro- military funding. Both were of bright dential campaign.
nounced indeed. Yet, when it came to President Trump has made it abun-
consequence to Ukraine and to our na-
the drafting of the new system of gov- dantly clear that he would like nothing
tional interests in security, but one
ernment never seen before and with no more than to make use of such dirt
looms largest. President Trump with-
guarantee it would succeed, we cannot against Mr. Biden, just as he made use
held hundreds of millions of dollars in of Secretary Clinton’s hacked and re-
help but be in awe of their genius, their military aid to a strategic partner at
prescience even, vindicated time and leased emails in his previous Presi-
war with Russia to secure foreign help dential campaign.
again. with his reelection—in other words, to That brings us to the other sham in-
Still, maybe because of their bril- cheat. vestigation that President Trump de-
liance and the brilliance of their words, In this way, the President used offi- manded the Ukrainian leader an-
we find year after year it more difficult cial state powers available only to him nounce. This investigation was related
to imagine them as human beings. This and unavailable to any political oppo- to a debunked conspiracy theory, alleg-
is no less true of Alexander Hamilton, nent to advantage himself in a demo- ing that Ukraine, not Russia, inter-
notwithstanding his recent return to cratic election. His scheme was under- fered in the 2016 Presidential election.
celebrity. But they were human beings. taken for a simple but corrupt reason— This narrative, propagated by the Rus-
They understood human frailties, even to help him win reelection in 2020. But sian intelligence services, contends
as they exhibited them. They could ap- the effect of the scheme was to under- that Ukraine sought to help Hillary
preciate, just as we can, how power can mine our free and fair elections and to Clinton and harm then-Candidate
corrupt. Even as we struggle to under- put our national security at risk. Trump and that a computer server pro-
stand how the Framers might have re- It was not even necessary that viding this fiction is hidden somewhere
sponded to Presidential misconduct of Ukraine undertake the political inves- in Ukraine.
the kind and character that we are tigations the President was seeking. That is the so-called CrowdStrike
here to try, we should not imagine for They merely had to announce them. conspiracy theory. This tale is also
one moment that they lacked basic This is significant, for President patently false, and, remarkably, it is
common sense or refuse to apply it our- Trump had no interest in fighting cor- precisely the inverse of what the U.S.
selves. ruption, as he would claim after he was intelligence communities’ unanimous
They knew what it was like to live caught. Rather, his interest was in fur- assessment was that Russia interfered
under a despot, and they risked their thering corruption by the announce- in the 2016 election in sweeping in sys-
lives to be free of it. They knew they ment of investigations that were com- temic fashion in order to hurt Hillary
were creating an enormously powerful pletely without merit. Clinton and help Donald Trump.
executive, and they knew they needed The first sham investigation that Nevertheless, the President evidently
to constrain it. They did not intend for President Trump desired was into believed that a public announcement
the power of impeachment to be used former Vice President Joe Biden, who lending credence to these allegations
frequently or over mere matters of pol- had sought the removal of a corrupt by the Ukrainian President could as-
icy, but they put it in the Constitution Ukrainian prosecutor during the pre- sist his reelection by putting to rest
for a reason: for a man who would sub- vious U.S. administration. any doubts Americans may have had
vert the interests of the Nation to pur- The Vice President acted in accord- over the legitimacy of his first elec-
sue his own interests; for a man who ance with U.S. official policy at the tion, even as he invited foreign inter-
would seek to perpetuate himself in of- time and was supported unanimously ference in the next.
fice by inviting foreign interference by our European allies and key global To the degree that most Americans
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and cheating in an election; for a man financial institutions, such as the have followed the President’s efforts to
who would be disdainful of constitu- International Monetary Fund, which involve another foreign power in our
tional limit, ignoring or defeating the shared the concern over corruption. election, they may be most familiar
other branches of government and Despite this fact, in the course of with his entreaty to the Ukrainian
their coequal powers; for a man who this scheme, President Trump and his President on the now infamous July 25
believed that the Constitution gave agents pressed the Ukrainian President call to ‘‘do us a favor, though’’ and in-
him the right to do anything he wanted to announce an investigation into the vestigate Biden and the 2016 conspiracy
and practiced in the art of deception; false claim that Vice President Biden theory.

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S445
That call was not the beginning of unrivaled authority at his disposal as impeachment power effectively mean-
the story of the President’s corrupt Commander in Chief to cover up his ingless.
scheme, nor was it the end. Rather, it wrongdoing. We also took the step with the
was merely part—although, a signifi- In unprecedented fashion, the Presi- knowledge that this was not the first
cant part—of a months’ long effort by dent ordered the entire executive time the President solicited foreign in-
President Trump and his allies and as- branch of the United States of America terference in our elections. In 2016,
sociates who applied significant and in- to categorically refuse and completely then-candidate Trump implored Russia
creasing pressure on Ukraine to an- obstruct the House’s impeachment in- to hack his opponent’s email account,
nounce these two politically motivated vestigation. Such a wholesale obstruc- something that the Russian military
investigations. tion of congressional impeachment has agency did only hours later—only
Key figures in the Trump administra- never before occurred in our democ- hours later.
tion were aware or directly involved or racy. It represents one of the most bla- When the President said, ‘‘hey, Rus-
participated in the scheme. As we saw tant efforts of a coverup in history. sia, if you’re listening,’’ they were lis-
yesterday, one witness—a million-dol- If not remedied by his conviction in tening. Only hours later they hacked
lar donor to the President’s inaugural the Senate and removal from office, his opponent’s campaign.
committee put it this way: Everyone President Trump’s abuse of his office The President has made it clear this
was in the loop. and obstruction of Congress will per- would also not be the last time, asking
After twice inviting Ukraine’s new manently alter the balance of power China only recently to join Ukraine in
President to the White House without among the branches of government, in- investigating his political opponent.
providing a specific date for the pro- viting future Presidents to operate as Over the coming days, we will
posed visit, President Trump condi- if they are also beyond the reach of ac- present to you and to the American
tioned this coveted Head-of-State countability, congressional oversight, people the extensive evidence collected
meeting on the announcement of these and the law. during the House’s impeachment in-
sham investigations. For Ukraine’s On the basis of this egregious mis- quiry into the President’s abuse of
new and untested leader, an official conduct, the House of Representatives power—overwhelming evidence, not-
meeting with the President of the returned two Articles of Impeachment withstanding his unprecedented and
United States in the Oval Office was against the President: first, charging wholesale obstruction of the investiga-
critical. It would help bestow on him that President Trump corruptly abused tion into that misconduct.
important, domestic, and international the powers of the Presidency to solicit You will hear and read testimony
legitimacy, as he sought to implement foreign interference in the upcoming from courageous public servants who
an ambitious anti-corruption platform. Presidential election for his personal upheld their oath to the Constitution
Actual and apparent support from political benefit; and, second, that and their legal obligations to comply
the President of the United States President Trump obstructed an im- with congressional action, despite a
would also strengthen his position as peachment inquiry into that abuse of categorical order by President Trump
he sought to negotiate a peace agree- power in order to cover up his mis- not to cooperate with the impeachment
ment with Russia’s President Vladimir conduct. inquiry.
Putin, seeking an end to Russia’s ille- The House did not take this extraor- These are courageous Americans who
gal annexation and continued military dinary step lightly. As we will discuss, were told by the President of the
occupation of parts of Ukraine. impeachment exists for cases in which United States not to cooperate, not to
But most pernicious, President the conduct of the President rises be- appear, not to testify, but who had the
Trump petitioned hundreds of millions yond mere policy disputes to be de- sense of duty to do so. But more than
of dollars in congressionally appro- cided otherwise and without urgency at that, you will hear from witnesses who
priated taxpayer-funded military as- the ballot box. have not yet testified, such as John
sistance for the same purpose to apply Instead, we are here today to con- Bolton and Mick Mulvaney, Mr. Blair
more pressure on Ukraine’s leader to sider a much more grave matter, and and Mr. Duffey. And if you can believe
announce the investigations. This mili- that is an attempt to use the powers of the President’s words last month, you
tary aid, which has long enjoyed bipar- the Presidency to cheat in an election. will also hear from Secretary Pompeo.
tisan support, was designed to help For precisely this reason, the Presi- You will hear their testimony at the
Ukraine defend itself from the Krem- dent’s misconduct cannot be decided at same time as the American people;
lin’s aggression. the ballot box, for we cannot be as- that is, if you allow it, if we have a fair
More than 15,000 Ukrainians have sured that the vote will be fairly won. trial.
died fighting Russian forces and their In corruptly using his office to gain a During our presentation, you will see
proxies—15,000. The military aid was political advantage, in abusing the documentary records, those the Presi-
for such essentials as sniper rifles, powers of that office in such a way to dent was unable to suppress, that ex-
rocket-propelled grenade launchers, jeopardize our national security and posed the President’s scheme in detail.
radar night-vision goggles, and other the integrity of our elections, in ob- You will learn of further evidence that
vital support for the war effort. structing the investigation into his has been revealed in the days since the
Most critically, the military aid we own wrongdoing, the President has House voted to impeach President
provide Ukraine helps to protect and shown that he believes that he is above Trump, even as the President and his
advance American national security in- the law and scornful of constraint. agents have persisted in their efforts to
terests in the region and beyond. As we saw yesterday on the screen, cover up their wrongdoing from Con-
America has an abiding interest in under article II he can do anything he gress and the public.
stemming Russian expansionism and wants. Moreover, given the seriousness You will see dozens of new documents
resisting any nations’ efforts to re- of the conduct at issue and its persist- providing new and critical evidence of
make the map of Europe by dint of ence, this matter cannot and must not the President’s guilt that remain at
military force, even as we have tens of be decided by the courts, which apart this time in the President’s hands and
thousands of troops stationed there. from the presence of the Chief Justice in the hands of the Department of De-
Moreover, as one witness put it dur- here today, are given no role in im- fense and the Department of State and
ing our impeachment inquiry, the peachments in either the House or the the Office of Management and Budget,
United States aids Ukraine and her Senate. even the White House. You will see
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people so that we can fight Russia over Being drawn into litigation, taking them and so will the American people
there and we don’t have to fight Russia many months or years to complete, if you allow it—if, in the name of a fair
here. would provide the President with an trial, you will demand it.
When the President’s scheme was ex- opportunity to continue his mis- These are politically charged times.
posed and the House of Representatives conduct. He would remain secure in the Tempers can run high, particularly
properly performed its constitutional knowledge that he may tie up the Con- where this President is concerned, but
responsibility to investigate the mat- gress and the courts indefinitely, as he these are not unique times. Deep divi-
ter, President Trump used the same has with Don McGahn, rendering the sions and disagreements were hardly

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S446 CONGRESSIONAL RECORD — SENATE January 22, 2020
alien concepts to the Framers so they ferent than what we, the generations The Framers chose to undertake im-
designed impeachment power in such a that have followed, desire: that no per- peachment for treason, bribery, or
way as to insulate it as best they could son, including and especially the Presi- other high crimes and misdemeanors to
from the crush of partisan politics. The dent, would be above the law. Nothing underscore the requirement of an of-
Framers placed the question of re- could be more dangerous to a democ- fense against society. In this phrase,
moval before the Senate, a body able to racy than a Commander in Chief who ‘‘high’’ modifies both the crimes and
rise above the fray, to soberly judge believed that he could operate with im- the misdemeanors in that both relate
the President’s conduct or misconduct punity, free from accountability—noth- to a high injustice, a transgression
for what it was, nothing more and ing, that is, except a Congress that is committed against the people and to
nothing less. willing to let it be so. the public trust. The Framers had two
In Federalist No. 65, Hamilton wrote: To ensure that no such threat can broad categories in mind: those actions
Where else than in the Senate could have take root and subvert our fledgling de- that are facially permissible under the
been found a tribunal sufficiently dignified, mocracy, the Framers divided power President’s authority but are based on
or sufficiently independent? What other body corrupt motives, such as seeking to ob-
among three coequal branches of gov-
would be likely to feel confidence enough in
its own situation, to preserve, unawed and ernment—the executive, the legisla- tain a personal benefit through public
uninfluenced, the necessary impartiality be- tive, and the judicial branches—so that office, and those that far exceed the
tween an individual accused, and the rep- ambition may be made to counter am- President’s constitutional authority or
resentatives of the people, his accusers? bition. They provided for Presidential violate the legal limits on that author-
It is up to you to be the tribunal that elections every 4 years, and the Fram- ity.
Hamilton envisioned. It is up to you to ers required that the President swear In article I, we deal with the first
show the American people and your- an oath to faithfully execute the law evil which the Framers wished to guard
selves that his confidence and that of and to preserve, protect, and defend the against; that is, cases in which a Presi-
the other Founders was rightly placed. Constitution of the United States. dent corruptly misused the power oth-
The Constitution entrusts you to the Even with these guardrails in place, erwise bestowed on him to secure a per-
responsibility of acting as impartial ju- the Framers understood an individual sonal reward. Guarding against a Presi-
rors, to hold a fair and thorough trial, could come to power who defied that dent who undertakes official acts with
and to weigh the evidence before you solemn oath, who pursued his own in- a corrupt motive of helping himself is
no matter what your party affiliation terests rather than those of the coun- at the heart of the impeachment
or your vote in the previous election or try he led. For that reason, the Fram- power. As one scholar explained, the
the next. Our duty is to the Constitu- ers adopted a tool used by the British President’s duty to faithfully execute
tion and to the rule of law. Parliament to restrain its officials: the the law requires that he undertakes ac-
I recognize there will be times during power of impeachment. Rather than a tions only when motivated in the pub-
the trial that you may long to return mechanism to overturn an election, lic interest rather than in their private
to the business of the Senate. The impeachment would be a remedy of self-interest. Efforts to withhold offi-
American people look forward to the last resort, and, unlike in England, the cial acts for personal gain counter-
same but not before you decide what Framers applied this ultimate check to mand the President’s sacred oath and,
kind of democracy that you believe we the highest office in the land, to the therefore, constitute impeachable be-
ought to be and what the American President of the United States. Im- havior as it was conceived by the
people have a right to expect in the peachment removal of a duly elected Framers.
conduct of their President. President was not intended for policy In article II, we also deal with the
The House believes that an impartial disputes or poor administration of the second evil contemplated by the
juror, upon hearing the evidence that State. Instead, the Framers had in Founders, who made it clear that the
the managers will lay out in the com- mind the most serious of offenses: President ought not operate beyond
ing days, will find that the Constitu- those against the public itself. the limits placed on him by legislative
tion demands the removal of Donald J. Hamilton explained that impeach- and judicial branches. Impeachment
Trump from his office as President of ment was not designed to cover only was warranted for a President who
the United States. But that will be for statutory common law crimes but in- usurped the power of the Constitution
you to decide. With the weight of his- stead crimes against the body politic. that was not granted to him, such as to
tory upon you, and as President Ken- Hamilton wrote: defy Congress the right to determine
nedy once said: ‘‘With a good con- The subjects of its jurisdiction are those the propriety, the scope, and the na-
science our only sure reward. . . . ’’ offenses which proceed from the misconduct ture of an impeachment inquiry into
In drafting our Constitution, the of public men, or, in other words, from the his own misconduct.
Framers designed a new and untested abuse or violation of some public trust. They The Framers fashioned a powerful
form of government. It would be based are of a nature which may, with peculiar Chief Executive but not one beyond ac-
on free and fair elections to ensure propriety, be denominated political, as they countability of law. When a President
that our political leaders would be cho- relate chiefly to injuries done immediately wields power in ways that are inappro-
to the society itself. priate and seek to extinguish the
sen democratically and by citizens of
our country alone. Having broken free In other words, impeachment would rights of Congress, he exceeds the
from a King with unbridled authority be confined to abuses of people’s trust power of constitutional authority and
who often placed his own interests and to the society itself. This is pre- violates the limits placed on his con-
above that of the people, the Framers cisely the abuse that has been under- duct. Obstruction of a separate and co-
established a structure that would taken by our current President when equal branch of government for the
guarantee that the Chief Executive’s he withheld money in support for an purposes of covering up an abuse of
power flowed only from his obligation ally at war to secure a political ben- power not only implies a corrupt intent
to the people rather than from a sov- efit. The punishment for those crimes but also demonstrates a remarkable
ereign whose power was confirmed on would fit the political nature of the of- antipathy toward the balance of power
him by divine right. fense. As James Wilson—a delegate of contemplated and enshrined in our
In this new architecture, no branch the Constitutional Convention and a Constitution. It is a betrayal of the
of government or individual would pre- future Associate Justice of the Su- President’s sacred oath of office and of
dominate over another. In this way, preme Court—reasoned that impeach- his duty to put the country before him-
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the Founders ensured that their elect- ment ‘‘was confined to political char- self.
ed leaders and their President would acters, to political crimes and mis- On September 24, 2019, Speaker of the
use the powers of office only to under- demeanors, and to political punish- House NANCY PELOSI announced that
take that which the people desired and ments.’’ The Framers determined that the House of Representatives would
not for their personal aggrandizement punishment would be neither prison move forward with an official impeach-
or enrichment. nor fines but, instead, limited to re- ment inquiry into President Donald J.
What did those who rebelled and moval from office and disqualification Trump. The announcement followed
fought a revolution desire? Nothing dif- from holding future office. public reporting in the United States

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S447
and Ukraine that the President and his President put his own interest above the United States, who was instructing
agents sought Ukraine’s help in his re- the national interest. her through his agents: You will not
election effort and revelations that the President Trump undermined the in- cooperate. You will not testify. You
White House was blocking from Con- tegrity of our free and fair elections by will tell them nothing.
gress an intelligence community whis- pressing a foreign power to influence Then, there is Bill Taylor, a West
tleblower complaint possibly related to our most sacred right as citizens, our Point graduate and a Vietnam veteran
this grave offense. right to freely choose our leaders, and with a Bronze Star and something he
The next day, on September 25, under he threatened our national security by was even more proud of—the Combat
extraordinary pressure, the White withholding critical aid from a partner Infantryman Badge. He knows what
House released publicly the record of on the frontlines of war with Russia, an courage is. He showed a different kind
the July 25 call between President aggressor that has threatened peace of courage in Vietnam, but he also
Trump and Ukrainian President Vladi- and stability on an entire continent. In showed courage, as did others, in com-
mir Zelensky. The call record revealed so doing, the President sacrificed not ing forward and defying the President’s
that President Trump explicitly re- only the security of our European al- order that he obstruct to tell the
quested that the new leader undertake lies but also our Nation’s core national American people what he knew.
investigations beneficial to President security interests. President Trump But for the courage of people like
Trump’s reelection campaign. Upon re- undertook this pressure campaign them and Lieutenant Colonel Vindman,
lease of the record of the call, Presi- through handpicked agents inside and a Purple Heart recipient, we would
dent Trump claimed that the call was outside of government who cir- know nothing of the President’s mis-
‘‘perfect.’’ Far from perfect, the call cumvented traditional policy channels. conduct—nothing. When the President
record revealed a President who used President Trump intentionally by- directs his ire toward these people, this
his high office to personally and di- passed many U.S. Government career is why—because they showed the cour-
rectly press the leader of a foreign officials with responsibility over age to come forward.
country to do his political dirty work. Ukraine and advanced his scheme pri- Now, in the Intelligence Committee,
Asking for a favor, President Trump marily through the effort of his per- we held 7 open hearings with 12 fact
insisted that President Zelensky inves- sonal attorney Rudy Giuliani. Presi- witnesses. Separately, the Judiciary
tigate a formidable potential political dent Trump carried out this scheme Committee held public hearings with
opponent, former Vice President Joe with the knowledge of senior adminis- constitutional law experts and counsel
Biden, as well as the baseless con- tration officials, including the Presi- from the House Intelligence Committee
spiracy theory that Ukraine, not Rus- dent’s Acting Chief of Staff Mick as it sought to determine whether to
sia, interfered in the 2016 election to Mulvaney, Secretary of State Mike draft and consider Articles of Impeach-
assist then-Candidate Trump’s oppo- Pompeo, Vice President MIKE PENCE, ment. The House also collected text
nent. National Security Council Legal Advi- messages related to the President’s
Witnesses who listened to the call as sor John Eisenberg, and White House scheme from a witness who provided
it transpired testified that they imme- Counsel Pat Cipollone. limited personal communications.
diately recognized these requests did When the President became aware Since the conclusion of our inquiry,
not represent official U.S. policy and, that the scheme would be uncovered, new evidence has continued to come to
instead, were politically charged ap- he undertook an unprecedented effort light, through court-ordered releases of
peals, not appropriate for a President to obstruct the House of Representa- administration documents and public
to make. Key witnesses emphasized it tives’ impeachment inquiry to hide it reporting, underscoring that there is
was not necessary that Ukraine actu- from the public and from Congress, in- significantly more evidence of the
ally undertake the investigations, only cluding all evidence related to his mis- President’s guilt which he continues to
that the Ukrainian President denounce conduct. That coverup continues today block from Congress, including the
them. as the administration has not provided Senate. Nevertheless, the documents
President Trump’s objective was not a single document pursuant to lawful and testimony that we were able to
to encourage a foreign government to subpoenas by the House. collect paint an overwhelming and
investigate legitimate allegations of The administration also continues to damning picture of the President’s ef-
misconduct or wrongdoing abroad, prevent witnesses from cooperating, forts to use the powers of his office to
made clear, as well, by the fact that further obstructing the House’s ef- corruptly solicit foreign help in his re-
the investigations he wanted an- forts—efforts the President is, no election campaign and withhold offi-
nounced have been discredited entirely. doubt, proud of but which threaten the cial acts and military aid to compel
Rather, the President simply wanted to integrity of this institution and this that support.
reap a political benefit by tarnishing a Congress as a coequal branch of Over the coming days, you will hear
political rival and in attempting to power—and our ability not only to do remarkably consistent evidence of
erase from history his previous elec- oversight but to hold a President who President Trump’s corrupt scheme and
tion misconduct. To compel the is unindictable accountable. coverup. When you focus on the evi-
Ukrainian President to do his political Despite these efforts to obstruct our dence uncovered during the investiga-
dirty work, President Trump withheld inquiry, the House of Representatives tion, you will appreciate there is no se-
from President Zelensky two official uncovered overwhelming evidence re- rious dispute about the facts under-
acts of great importance: that coveted lated to the President’s misconduct lying the President’s conduct, and this
White House meeting to which Presi- through interviews with 17 witnesses is why you will hear the President’s
dent Zelensky had already been invited who appeared before the Intelligence, lawyers make the astounding claim:
and $391 million in military assistance Oversight and Reform, and Foreign Af- You can’t impeach a President for
for the Ukrainians to fight the Rus- fairs Committees. Many of these wit- abusing the powers of his office. It is
sians. nesses bravely defied White House or- because they can’t seriously contest
For a strategic partner of the United ders not to comply with duly author- that that is exactly—exactly—what he
States in a hot war with Russian- ized congressional subpoenas. Were it did, and so they must go find a lawyer
backed forces inside its own borders, not for them—were it not for Ambas- somewhere.
this symbolic support conferred on it sador Marie Yovanovitch, who was the Apparently, they could not go to
by an Oval Office visit with the Presi- first through the breach—we may their own Attorney General. It was just
SSpencer on DSKBBXCHB2PROD with SENATE

dent of the United States and the life- never have known of the President’s reported in a memo he wrote, as part of
saving support of our military aid was scheme. the audition for Attorney General, that
essential. As the House’s presentation I want you to imagine, just for a the President can be impeached for
will make clear, in directly soliciting minute, what kind of courage that abusing the public trust. He couldn’t
foreign interference and withholding took for Ambassador Yovanovitch—the go to Bill Barr for that opinion. He
those official acts in exchange for the subject of that vicious smear cam- couldn’t even go to Jonathan Turley,
announcement of political investiga- paign—to risk her reputation and her their expert in the House, for an opin-
tions beneficial to his election, the career to stand up to the President of ion. No, they had to go outside of these

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S448 CONGRESSIONAL RECORD — SENATE January 22, 2020
experts, outside of constitutional law, The Kremlin itself has been respon- our democracy and renounce Russian
to a criminal defense lawyer and pro- sible for first propagating one of the interference in our democracy? Did he
fessor. And why? Because they can’t two false narratives that the President choose to stand with his own intel-
contest the facts. The President was desired. In February 2017, less than a ligence agencies, both Houses of Con-
the key player in the scheme. Everyone month after the U.S. intelligence com- gress, and the special counsel’s inves-
was in the loop. He directed the actions munity released its assessment that tigation in affirming that Russia inter-
of his team. He personally asked a for- Russia alone was responsible for a cov- fered in our last election?
eign government to investigate his op- ert influence campaign designed to He did not.
ponent. These facts are not in dispute. help President Trump win the 2016 elec- Instead, only one day after Special
Ultimately, the question for you is tion, President Putin said: Counsel Mueller testified before Con-
whether the President’s undisputed ac- As we all know, during the Presidential gress, empowered in the belief that he
tions require the removal of the 45th campaign in the United States, the Ukrain- had evaded accountability for making
President of the United States from of- ian government adopted a unilateral posi- use of foreign support in our last elec-
fice because he abused his office and tion in favor of one candidate. More than tion, President Trump was on the
the public trust by using his power for that, certain oligarchs—certainly with the phone with the President of Ukraine,
approval of political leadership—funded this
personal gain by seeking illicit foreign pressing him to intervene on President
candidate—or a female candidate to be more
assistance in his reelection and cov- precise. Trump’s behalf in the next election.
ering it up. Let’s take a moment to let that sink
Other than voting on whether to send Those were Putin’s words on Feb- in.
our men and women to war, there is, I ruary 2, 2017. On July 24, Bob Mueller concludes a
Of course, this is false, and it is part lengthy investigation. He comes before
think, no greater responsibility than
of a Russian counternarrative that the Congress. He testifies that Russia
the one before you now. The oath that
President Trump and some of his allies systemically interfered in our election
you have taken to impartially weigh
have adopted. to help elect Donald Trump, that the
the facts and evidence requires serious
Fiona Hill, the Senior Director for
and objective consideration—decisions campaign understood that, and that
Europe and Russia at the National Se-
that are about country, not party; they willfully made use of that help.
curity Council, described Russia’s ef-
about the Constitution, not politics; On July 24, that is what happens.
fort to promote this baseless theory. On the very next day—the very next
about what is right and what is wrong. (Text of videotape presentation:)
After you consider the evidence and day—President Trump is on the phone
Dr. HILL. Based on questions and state-
weigh your oath to render a fair and with a different foreign power, this
ments I have heard, some of you on this com-
impartial verdict, I suggest to you mittee appear to believe that Russia and its time Ukraine, trying to get Ukraine to
today that the only conclusion con- Security Services did not conduct a cam- interfere in the next election—the next
sistent with the facts and law—not just paign against our country and that, perhaps, day.
the law but the Constitution—is clear somehow, for some reason, Ukraine did. This That should tell us something. He did
as described by constitutional law ex- is a fictional narrative that has been per- not feel chained by what the special
perts’ testimony before the House: If petrated and propagated by the Russian Se- counsel found. He did not feel deterred
this conduct is not impeachable, then curity Services themselves. The unfortunate by what the special counsel found. He
truth is that Russia was that foreign power felt emboldened by escaping account-
nothing is.
that systematically attacked our democratic
Let me take a moment to describe to institutions in 2016. This is the public con-
ability, for the very, very next day, he
you how we intend to present the case clusion of our intelligence agencies, con- is on the phone, soliciting foreign in-
over the coming days. firmed by bipartisan congressional reports. terference again.
You will hear today the details of the It is beyond dispute even if some of the un- Now, that July 25 phone call between
President’s corrupt scheme in nar- derlying details must remain classified. President Trump and President
rative form, illustrating the timeline Mr. Manager SCHIFF. This, of Zelensky was a key part of President
of the effort through the testimony of course, was not the first time that Trump’s direct and corrupt solicitation
the numerous witnesses who came be- President Trump embraced Russian ac- of foreign help in the 2020 election.
fore the House as well as through docu- tivity and disinformation. The question likely sounded familiar
ments and materials we collected as On July 24 of last year, Special Coun- to President Zelensky, who had been
evidence during the investigation. sel Robert Mueller testified before Con- swept into office in a landslide victory
After you hear the factual chronology, gress that Russia interfered in the 2016 on a campaign of rooting out just the
we will then discuss the constitutional election in a ‘‘sweeping and systemic type of corruption he was being asked
framework of impeachment as it was fashion’’ to benefit Donald Trump’s po- to undertake on this call with our
envisioned by the Founders. litical campaign. Mueller and his team President.
Before we analyze how the facts of found ‘‘the Russian Government per- Zelensky campaigned as a reformer,
the President’s misconduct and cover- ceived that it would benefit from a as someone outside of politics who
up lead to the conclusion that the Trump Presidency and worked to se- would come up and clean up corrup-
President undertook the sort of cor- cure that outcome.’’ They also found tion, who would end the political pros-
rupt course of conduct that impeach- that the Trump campaign expected it ecutions, end the political investiga-
ment was intended to remedy, let me would benefit electorally from infor- tions. And what is his most important
start with a preview of the President’s mation stolen and released through and powerful patron asking him to do?
scheme, the details of which you will Russian efforts. To do exactly what he campaigned
hear during the course of this day. Just as he solicited help from against. No wonder he resisted this
President Trump’s months-long Ukraine in 2019, in 2016 then-Candidate pressure campaign.
scheme to extract help with his 2020 re- Trump also solicited help from Russia Now, President Trump had been pro-
election campaign from the new in his election effort. As you will re- vided talking points for discussion by
Ukrainian President involved an effort call, at a rally in Florida, he said the the National Security Council staff be-
to solicit and then compel the new following: forehand, including recommendations
leader to announce political investiga- (Text of videotape presentation:) to encourage President Zelensky to
tions. The announcement would ref- Mr. TRUMP. Russia, if you are listening, I continue to promote anti-corruption
erence two specific investigations. One hope you’re able to find the 30,000 emails reforms in Ukraine. So the National
SSpencer on DSKBBXCHB2PROD with SENATE

was intended to undermine the unani- that are missing. I think you will probably Security staff understood what was in
mous consensus of our intelligence be rewarded mightily by our press. Let’s see the U.S. national security interests,
agencies, Congress, and Special Coun- if that happens. and that was rooting out corruption,
sel Robert Mueller that Russia inter- Mr. Manager SCHIFF. Following Spe- and they encouraged the President to
fered in the 2016 election to help then- cial Counsel Mueller’s testimony, dur- talk about it.
Candidate Trump and another to hurt ing which he warned against future in- But as you see from the record of the
the Presidency of former Vice Presi- terference in our elections, did the call—and I join the President in saying
dent Joe Biden. President recognize the threat posed to ‘‘read the call’’—that topic was never

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S449
addressed. The word ‘‘corruption’’ should investigate Biden but that The 25th is the day of the call, when
never escapes his lips. China should do the same. President Trump, believing he had es-
Instead, President Trump openly Let’s see what he said. caped accountability for Russian med-
pressed President Zelensky to pursue (Text of Videotape presentation:) dling in the first election and is wel-
the two investigations that would ben- NEWS REPORTER. What exactly did you coming of it, asked the Ukranian Presi-
efit him personally. hope Zelensky would do about the Bidens dent to help him undermine the special
In response to President Zelensky’s after your phone call? Exactly. counsel’s conclusion and help him
gratitude for the significant military PRESIDENT TRUMP. Well, I would think smear a political opponent, former
support the United States had provided that, if they were honest about it, they’d Vice President Biden.
to Ukraine, President Trump said: start a major investigation into the Bidens. And then, the third day in a row in
It’s a very simple answer. July, President Trump sought to en-
I would like you to do us a favor though
They should investigate the Bidens, be-
because our country has been through a lot
cause how does a company that is newly
sure that Ukraine had received his re-
and Ukraine knows a lot about it. I would
formed—and all these companies, if you look quest and understood it and would take
like you to find out what happened with this the necessary steps to announce the in-
at—
whole situation with Ukraine, they say vestigations that he wanted.
And, by the way, likewise, China should
CrowdStrike . . . I guess you have one of Three days in July. In many ways
start an investigation into the Bidens, be-
your wealthy people . . . The server, they those 3 days in July tell so much of
cause what happened in China is just about
say Ukraine has it.
as bad as what happened with—with Ukraine. this story. This course of conduct alone
That is that crazy conspiracy theory should astound all of us who value the
Mr. Manager SCHIFF. The day after
I talked about earlier that there is this sanctity of our elections and who un-
that July 25 phone call, President
server somewhere in Ukraine that derstand that the vast powers of the
Trump sought confirmation that Presi-
shows that, in fact, it was Ukraine that Presidency are reserved only for ac-
dent Zelensky understood his request
hacked the DNC, not the Russians. tions which benefit the country as a
to announce the politically motivated
That is a Russian propaganda con- whole, rather than the political for-
investigations and that he would follow
spiracy theory, and here it is being pro- tunes of any one individual.
through.
mulgated by the President of the President Trump’s effort to use an of-
After meeting with Ukranian offi-
United States. And more than promul- ficial head-of-state phone call to solicit
cials, including President Zelensky and
gated, he is pressuring an ally to fur- the announcement of investigations
his top aide, the President’s hand-
ther this Russian propaganda because helpful to his reelection is not only
picked Ambassador to the European
he was referring to this extensively dis- conduct unbecoming a President, but it
Union, Gordon Sondland, called Presi-
credited conspiracy theory that is conduct of one who believes that the
dent Trump from an outdoor res-
Ukraine was the one that really hacked powers of his high office are political
taurant in Kyiv to report back. This
the DNC—the Democratic National tools to be wielded against his oppo-
was the second conversation between
Committee—servers in 2016. nents, including by asking a foreign
the two about Ukraine in as many
And that reference to CrowdStrike— government to investigate a United
days.
well, that is an American cyber secu- States citizen, and for a corrupt pur-
David Holmes, an American diplomat
rity firm. And the theory—this kooky pose. That alone is grounds for removal
dining with Sondland, overheard the
conspiracy theory—is that from office of the 45th President.
call, including the President’s voice
CrowdStrike moved the DNC servers to But these 3 days in July were neither
through the cell phone. I described part
Ukraine to prevent U.S. law enforce- the beginning nor the end of this
of that call last night.
ment from getting it. scheme. President Trump, acting
Holmes testified that President
If Ukraine announced an investiga- through agents inside and outside of
Trump asked Sondland: ‘‘So he’s going
tion into this fabrication, President the U.S. Government, including his
to do the investigation?’’ Sondland re- personal attorney, Rudy Giuliani,
Trump could remove what he perceived
plied that he is going to do it, adding sought to compel Ukraine to announce
to be a cloud over his legitimacy—le-
that President Zelensky will do ‘‘any- the investigations by withholding the
gitimacy of his last election, Russia’s
thing you ask him to do.’’ head-of-state meeting in the Oval Of-
assistance with his campaign—and sug-
After the phone call, Holmes ‘‘took fice until the President of Ukraine
gest that it was the Democratic Party
the opportunity to ask Ambassador complied.
that was the real beneficiary of that.
On the call, President Trump told Sondland for his candid impression of Hosting an Oval Office meeting for a
Zelensky: ‘‘Whatever you can do, it’s the President’s views on Ukraine.’’ Ac- foreign leader is an official act avail-
very important that you do it if that’s cording to Holmes: able only to one person—the President
possible.’’ (Text of Videotape presentation:) of the United States. And it is an offi-
President Zelensky agreed that he Mr. HOLMES. In particular, I asked Am- cial act that President Trump had al-
would do the investigation saying: bassador Sondland if it was true that the ready offered to President Zelensky
President did not give a [expletive] about during their first phone call on April 21
‘‘Yes it is very important for me and Ukraine. Ambassador Sondland agreed the
everything that you just mentioned and in a subsequent letter to the
President did not give a [expletive] about
earlier.’’ Ukraine. I asked, why not, and Ambassador Ukranian leader.
President Trump then turned to his Sondland stated, the President only cares Multiple witnesses testified about
second request, asking President about . . . ‘‘big stuff.’’ I noted there was . . . the importance of a White House meet-
Zelensky to look into the sham allega- ‘‘big stuff’’ going on in Ukraine, like a war ing for Ukraine. For example, Deputy
tion into former Vice President Biden. with Russia. And Ambassador Sondland re- Assistant Secretary George Kent ex-
President Trump said to President plied that he meant . . . ‘‘big stuff’’ that plained that a White House meeting
benefits the President, like the . . . ‘‘Biden was ‘‘very important’’ for Ukrainians
Zelensky:
investigation’’ that Mr. Giuliani was push- to demonstrate the strength of their
The other thing, There’s a lot of talk about ing. The conversation then moved on to
Biden’s son, that Biden stopped the prosecu- relationship with ‘‘Ukraine’s strongest
other topics.
tion and a lot of people want to find out supporter.’’
about that so whatever you can do with the Mr. Manager SCHIFF. Those three Dr. Fiona Hill of the National Secu-
Attorney General would be great. Biden went days in July—the 24th, the 25th, and rity Council explained that a White
around bragging that he stopped the prosecu- the 26th—reveal a lot about President House meeting would supply the new
tion so if you can look into it . . . It sounds Trump’s effort to solicit help from a Ukranian Government with ‘‘the legit-
SSpencer on DSKBBXCHB2PROD with SENATE

horrible to me. foreign country in assisting his own re- imacy that it needed, especially vis-a-
There is no question what President election. vis the Russians’’ and that the Ukrain-
Trump intended in pressing the On the 24th, Special Counsel Mueller ians viewed a White House meeting as
Ukrainian leader to ‘‘look into’’ his po- testifies that Russia interfered in our ‘‘a recognition of their legitimacy as a
litical rival. Even after the impeach- 2016 election to assist the Trump cam- sovereign state.’’
ment inquiry began, he confirmed his paign, which knew about the inter- This White House meeting would also
desire on the south lawn of the White ference, welcomed it, and utilized it. prove to be important for three hand-
House, declaring not only that Ukraine That is the 24th. picked agents whom President Trump

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S450 CONGRESSIONAL RECORD — SENATE January 22, 2020
placed in charge of U.S.-Ukraine issues: was ‘‘investigation of the Bidens.’’ This sel say that the Ukrainians felt no
Ambassador Sondland, Ambassador is, again, in that meeting in the White pressure to be involved in a U.S. reelec-
Volker, and Energy Secretary Rick House with a Ukranian delegation and tion campaign. But that concern did
Perry, the so-called three amigos. They an American delegation. Sondland ex- not deter President Trump. In his con-
hoped to convince President Trump to plained in that meeting that he had an versation with Sondland shortly before
hold an Oval Office meeting with agreement with Acting Chief of Staff the July 25 call, the President made
Zelensky. Mick Mulvaney whereby President clear that he not only wanted Ukraine
During a meeting of the three amigos Zelensky would be granted the Oval Of- to do the investigations or announce
on May 23, President Trump told them fice meeting if he went forward with them, but also a White House meeting
that Ukraine had tried to ‘‘take [him] the investigations. would be scheduled only if President
down’’ in 2016. He then directed them After the meeting, Vindman’s super- Zelensky confirmed these investiga-
to ‘‘talk to Rudy’’ Giuliani about visor, Dr. Hill, reported back to Bolton, tions, as Volker communicated to
Ukraine. who told her to tell John Eisenberg, President Zelensky’s top aide by text
It was immediately clear that the National Security Council legal ad- less than 30 minutes before the phone
Giuliani, who was pursuing the discred- visor, that he was not ‘‘part of what- call between Trump and Zelensky.
ited investigations in Ukraine on the ever drug deal Sondland and Mulvaney Again, we are talking about July 25,
President’s behalf, was the key to are cooking up on this.’’ She reported in a text 30 minutes before the Trump-
unlocking an Oval Office meeting for their concerns, as did Vindman. Zelensky phone call. Here is what it
President Zelensky. It remains unclear what action, if says—with Volker texting Andriy
Giuliani by then had said publicly any, Bolton or Eisenberg took once Yermak, a top aide to President
that he was actively pursuing inves- they were made aware of Mulvaney and Zelensky.
tigations President Trump corruptly Sondland’s drug deal. Both refused to Good lunch—thanks. Heard from White
desired and planning a trip to Ukraine. testify in our inquiry. However, Dr. House—assuming President Z convinces
Giuliani admitted: ‘‘We’re not med- Hill testified that she understood that trump he will investigate/‘‘get to the bottom
dling in an election, we’re meddling in Mr. Eisenberg informed Mr. Cipollone of what happened’’ in 2016, we will nail down
an investigation.’’ of her concerns about the drug deal. day for visit to Washington. Good luck! See
If this body is serious about a fair you tomorrow—kurt.
On May 10, however, Giuliani can-
celed the trip to Ukraine to dig up dirt trial—one that is fair to the President Mr. Manager SCHIFF. Well, those
on former Vice President Biden and the and to the American people—we again words couldn’t be much clearer: ‘‘as-
2016 conspiracy theory, just as Presi- urge you to allow the House to call suming President Z convinces trump he
dent Zelensky won elections for the both Eisenberg and Bolton, as well as will investigate/‘get to the bottom of
Presidency and Parliament. other key witnesses with firsthand what happened’ in 2016, we will nail
Faced with a choice between working knowledge who refused to testify be- down [the] . . . visit to Washington.’’
with Giuliani to pursue an Oval Office fore the House on the orders of the That is a text 30 minutes before that
meeting—understanding it meant tak- President. call.
ing part in a corrupt effort to secure Additional testimony and documents Counsel for the President would like
the political investigations—or aban- are particularly important because, ac- you to think this is just about that
doning efforts to support our Ukranian cording to Sondland, ‘‘Everyone was in call. You don’t get to look outside the
ally, the President’s agents fell into the loop’’ when it came to the Presi- four corners of that call. They don’t
line. They would pursue the White dent’s self-serving effort. In part rely- want you to look at the months that
House meeting and explain to Ukraine ing on email excerpts, Sondland ex- went into preparing for that call or the
that announcement of the investiga- plained that the President’s senior months of pressure that followed. But
tions was the price of admission. aides and Cabinet officials knew that you can just look at, right now, what
As Ambassador Sondland made clear: the White House meeting was predi- happened 30 minutes before that call in
(Text of Videotape presentation:) cated on Ukraine’s announcement of this text message: ‘‘Heard from White
Mr. SONDLAND. I know that members of the investigations beneficial to the House—assuming President Z con-
this committee frequently frame these com- President’s political campaign. vinces trump he will investigate/‘get to
plicated issues in the form of a simple ques- Hill characterized the quid pro quo the bottom of what happened’ in 2016.’’
tion: Was there a quid pro quo? As I testified succinctly: If you were wondering whether Presi-
previously with regard to the requested (Text of Videotape presentation:) dent Zelensky was aware of what he
White House call and the White House meet- But it struck me when yesterday, when was going to be asked on that call, this
ing, the answer is yes. you put up on the screen Ambassador is how you can tell. He was prepped. Of
Mr. Manager SCHIFF. This quid pro Sondland’s emails and who was on these course he was prepped. In fact, the
quo was negotiated between the Presi- emails, and he said, These are the people who missing reference in the call record to
dent’s agents, Rudy Giuliani, and need to know, that he was absolutely right.
Because he was being involved in a domestic
Burisma was a signal Colonel Vindman
Ukranian officials throughout the sum- recognized that clearly he had been
political errand, and we were being involved
mer of 2019 in numerous telephone in national security foreign policy, and those prepped for that call. Why else would
calls, text messages, and meetings, in- two things had just diverged. the name of this particular energy
cluding during a meeting hosted by Mr. Manager SCHIFF. In effect, company come up in that conversa-
then-National Security Advisor John President Zelensky was being drawn tion?
Bolton on July 10. into this domestic political area. He Well, President Zelensky clearly got
Near the end of that July 10 meeting, grew wary of becoming involved in an- the message. Toward the end of the call
after the Ukrainians again raised the other country’s election and domestic with President Trump, President
issue of a White House visit, Ambas- affairs. Zelensky said:
sador Sondland blurted out that there Bill Taylor, the Acting U.S. Ambas- I also wanted to thank you for your invita-
would be agreement for a White House sador for Ukraine at the time, de- tion to visit the United States, specifically
meeting once the investigations began. scribed a conversation he had with a Washington DC. On the other hand, I also
At that point Bolton ‘‘immediately senior aide to the Ukrainian leader. He wanted to ensure you that we will be very se-
stiffened’’ and abruptly ended the rious about the case and will work on the in-
said: vestigation.’’
meeting. (Text of Videotape presentation:)
SSpencer on DSKBBXCHB2PROD with SENATE

During a subsequent discussion that [Also] on July 20, I had a phone conversa- Thank you for the invitation. On the
day, Sondland was even more explicit. tion with Oleksandr Danylyuk, President other hand, I want to assure you that
LTC Alex Vindman, a director for Eu- Zelensky’s national security advisor, who we will be very serious about the case,
rope and Ukraine on the National Se- emphasized that President Zelensky did not and we will work on the investigation.
curity Council, testified that Sondland want to be used as an instrument in a U.S. President Zelensky clearly under-
began to discuss the ‘‘deliverable’’ re- reelection campaign. stood the quid pro quo for the White
quired to get the White House meeting. Mr. Manager SCHIFF. Remember House meeting on July 25, but his reti-
What Sondland specifically mentioned that conversation when you hear coun- cence to be used as a political pawn

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S451
kept President Trump from moving have offered no explanation for this ef- As Ambassador Taylor noted in his
forward with a promise to schedule the fort—except that the President can deposition, the United States provides
meeting, and so the President and his abuse his office all he likes, and there Ukraine with ‘‘radar and weapons and
agents pressed on. is nothing you can do about it. You sniper rifles, communications that save
In August, Giuliani met with a top can’t indict him. You can’t impeach lives. It makes Ukrainians more effec-
Ukrainian aide and made it clear that him. That is because they cannot seri- tive. It might even shorten the war.
Ukraine must issue a public statement ously dispute that President Trump That is what our hope is, to show the
and announce investigations in order corruptly used an official White House Ukrainians can defend themselves—and
to get a White House meeting. Fearful visit for a foreign leader to compel the the Russians, in the end, will say: OK,
of getting involved in U.S. domestic Ukrainian President into helping him we are going to stop.’’ That is in our
politics and having entered office with cheat in the next election. interest. This isn’t just about Ukraine
a promise to clean up government and The White House meeting, of course, or its national security; it is about our
corruption, President Zelensky and his was not the only official act that Presi- national security. This isn’t charity; it
aides preferred a generic statement dent Trump conditioned on the an- is about our defense as much as
about investigations, but Giuliani in- nouncement of investigations into Ukraine’s.
sisted. No, the statement must include Biden and the conspiracy theory meant Ambassador Taylor also said that the
two specific investigations that would to exonerate President Trump on Rus- American aid was ‘‘a concrete dem-
benefit President Trump. sia’s interference on his behalf in the onstration of the United States’ com-
Let’s look at a comparison between last election. In a far more draconian mitment to resist aggression and de-
the statement the Ukrainians preferred step, as we discussed, the President fend freedom.’’ This is what this coun-
and the one that Giuliani required. withheld $391 million of military aid. try is supposed to be about, right? Re-
On the left—and I will read it in case Several weeks before this phone call sisting aggression, defending freedom,
with President Zelensky but after not exporting corrupt ideas—that is
you can’t see the screens—the Yermak
Giuliani was already pressing Ukrain-
draft, the Ukrainian draft, says: ‘‘We what we are supposed to be about,
ian officials to conduct the investiga-
intend to initiate and complete a right?
tions his client sought, President It was against this backdrop that
transparent and unbiased investigation
Trump ordered the hold on Ukraine’s American officials responsible for
of all available facts and episodes, military aid. Significantly, this was
which in turn will prevent the recur- Ukraine policy sat in astonishment, ac-
after Congress had already been noti-
rence of this problem in the future.’’ cording to Ambassador Taylor, when
fied that most of it was prepared to be
That is pretty generic. they learned about the hold. Officials
spent. Ukraine had met all of the crit-
But here is the Giuliani-Volker- immediately expressed concerns about
ical conditions for anti-corruption and
Sondland response. This is what had to the legality of President Trump’s hold
defense reforms in order to receive the
be included: ‘‘We intend to initiate and on the assistance to Ukraine. Their
funds. We conditioned the funds. They
complete a transparent and unbiased concerns were well warranted, as the
met the conditions. The funds were
investigation of all available facts and Government Accountability Office,
ready to go.
episodes.’’ Up to that point, it is ex- At the time and even today, wit- which was just last night pooh-poohed
actly the same, until you get to ‘‘in- nesses uniformly testified that the by the President’s counsel—well, that
cluding those involving Burisma and order to hold the funding came without is just some institution of Congress.
the 2016 US elections,’’ and then it goes explanation to the foreign policy and Like they are just going to be inher-
back to the Ukrainian draft: ‘‘which in national security officials responsible ently biased, right? Well, they are a
turn will prevent the recurrence of this for Ukraine. The only message from nonpartisan organization that both
problem in the future.’’ the Office of Management and Budget parties have come to rely upon. But I
You can see in this such graphic evi- was that the hold was implemented at am not surprised that they don’t like
dence that the Ukrainians did not want the direction of the President. the conclusion of the GAO, because the
to do this. They didn’t even want to Since Russia’s illegal incursion into Defense Department warned them that
mention this. Giuliani had to insist: Ukraine in 2014, the United States has this was going to be the conclusion,
No, no, no; we are not going to be satis- maintained a bipartisan policy of deliv- and that conclusion was that the hold
fied with some generic statement. ering hundreds of millions of dollars of on aid was not only wrong, it was not
After all, I think we can see this isn’t military aid to Ukraine each year, only immoral, it was also illegal. It
about corruption—no, this is about an- which several Senators here have per- violated the law—a law that we passed
nouncing investigations to damage sonally invested significant time and so that Presidents could not refuse to
Biden and to promote this fiction effort to ensure. It was President spend money that we allocated for the
about the last election. Trump himself who originally author- defense of others and for ourselves.
So here in these texts, you see that ized additional financial support for The Impoundment Control Act pre-
Giuliani, Volker, and Sondland have military assistance to Ukraine in 2017 vents the President and other govern-
added these references to Burisma—a and 2018 without reservation, making ment officials from unilaterally mak-
thinly-veiled reference to former Vice his abrupt decision to withhold assist- ing funding decisions when Congress
President Biden—and the 2016 election. ance in 2019 without explanation all has made its intent clear. In fact, the
They wished to ensure that the Ukrain- the more surprising to those respon- act exists precisely because of previous
ians mentioned the sham investigation sible for Ukraine policy. Presidential abuses of Congress’s power
President Trump required. That confusion, however, would soon of the purse during the Nixon era. The
The Ukrainians recoiled at the new disappear. The President used the hold nonpartisan GAO ruled that the hold
statement, recognizing that releasing on military aid as leverage to pressure on military aid was not only illegal but
it would run directly counter to the Ukraine to announce these investiga- that holding underscores the Presi-
anti-corruption platform that Zelensky tions that he hoped would help his re- dent’s efforts to go to any lengths to
campaigned on and would embroil election campaign. The only difference ensure his own personal benefit rather
them in U.S. election politics. As a re- between the prior years when the than take care that the laws be faith-
sult, Zelensky didn’t get his White President approved the aid without fully executed as he swore he would do
House meeting. He still hasn’t gotten question and the inexplicable hold on when he took his oath of office.
his White House meeting. aid in 2019 was the emergence of Joe Now, because of recent Freedom of
SSpencer on DSKBBXCHB2PROD with SENATE

Senators, witness testimony, text Biden as a potentially formidable ob- Information Act responses in media re-
messages, emails, and the call record stacle to the President’s reelection. ports, we now know additional details
itself confirm a corrupt quid pro quo These funds that the President with- about how senior officials expressed se-
for the White House meeting—an offi- held—these funds—they don’t just ben- rious reservations about the legality of
cial act available only to the President efit Ukraine; they benefit the security the hold at the time. This is not like
of the United States—in exchange for of the United States by ensuring that some big surprise. This is not like
the announcement of political inves- Ukraine is equipped to defend its own something that just came out of the
tigations. The President and his allies borders against Russian aggression. blue—whoa, an independent watchdog

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S452 CONGRESSIONAL RECORD — SENATE January 22, 2020
agency found this was illegal. No, they Ukraine knows a lot about it.’’ Presi- Remember that conversation I ref-
knew this was illegal at the time. dent Trump then proceeded to openly erenced yesterday when the Ukrainians
These concerns were raised at the time. press Ukraine to conduct these inves- threw it right back in our face—when
Certain individuals who may have tigations. Ambassador Volker said to his Ukrain-
further information about the hold who Third, numerous officials were aware ian counterpart: You shouldn’t inves-
refused to testify at the President’s di- that President Trump was withholding tigate the former President. You
rection—including his Chief of Staff, the White House meeting until the shouldn’t engage in those political in-
Mick Mulvaney; Robert Blair; OMB of- Ukrainian President announced the in- vestigations. The Ukrainian response
ficial Michael Duffey, all of them—all vestigations. That the President would was: You mean like the one you want
of them defied congressional subpoenas ratchet up pressure on Ukraine to com- us to do on the Bidens and the Clin-
but were included in important email pel its action stunned Ukraine experts tons? They are not stupid.
communications that have been made like Ambassador Taylor but followed By the end of August, there was still
public only recently. logically for those engaged in the no explanation for the hold, despite ef-
As you know, these and many other President’s corrupt scheme. forts by numerous people to seek the
categories of documents from the Fourth, by the end of August, there release of the funding. The leverage
White House, the Defense Department, was still no explanation for the hold, hadn’t succeeded in getting the Presi-
and OMB were subpoenaed by the despite ongoing efforts from numerous dent to—in coercing Ukraine to an-
House and none was produced—none— officials to persuade the President to nounce the investigations, and so the
at the President’s direction and release the money. The leverage of the aid was withheld. Two witnesses privy
through Mr. Cipollone’s intervention. White House meeting had not suc- to this scheme testified that the only
Although the investigation developed ceeded in coercing Ukraine to an- logical conclusion to reach about the
an overwhelming body of evidence that nounce the investigations, providing President’s continued hold on the aid
clearly proves that the President im- the President and his agents every rea- was that it was intended to put more
plemented this hold to pressure son to use the most aggressive lever of pressure on Ukraine to announce the
Ukraine to announce investigations, influence, hundreds of millions of dol- investigations. As I said, they testified
the full story behind the hold—the full lars in military support, to compel it was as simple as two plus two equals
and complete story—is within your Ukraine to act. If they didn’t feel pres- four.
power to request. sure, they wouldn’t have done it. They We can do math, and, more impor-
As you consider the evidence we wouldn’t have done it, but of course tantly, so can the Ukrainians, and
present to you, ask yourselves whether they did. maybe even more importantly than
the documents of witnesses that have Imagine if this country were depend- that, so can the Russians. Multiple sen-
been denied by the President’s com- ent on a more powerful country for our ior officials, including President
plete and unprecedented obstruction defense; imagine if we were at war; Trump himself, have confirmed this
could shed more light on this critical imagine if we were waiting for weapons logical conclusion. On September 7,
topic. You may agree with the House to defend ourselves, something our Ambassador Sondland spoke directly to
managers that the evidence of the Framers could have understood; imag- President Trump, who by that point
President’s withholding of military aid ine that we found ourselves in those was aware that a whistleblower com-
to coerce Ukraine is already supported circumstances, and much to our aston- plaint was circulating that alleged the
by overwhelming evidence and no fur- ishment, we couldn’t even get a meet- contours of his scheme and that Con-
ther insight is necessary to convict the ing with our ally, much to our aston- gress and the public were beginning to
President, but if the President’s law- ishment, they were withholding aid ask probing questions about the hold
yers attempt to contest these or other from us. Would you think we would feel on aid, including whether the with-
factual matters, you are left with no pressure? Of course we would. The holding of the aid was in exchange for
choice but to demand to hear from Framers had common sense, and so reelection help.
each witness with firsthand knowledge. must we. During that call of September 7—so
A fair trial requires nothing less. Are we to accept: Well, the President in July you have got Mueller’s testi-
Let’s look at some of the evidence said there was no quid pro quo; I guess mony. You have got the call itself. You
that we gathered, notwithstanding this that closes the case? In every court- have got a followup call the next day,
obstruction. room in America, jurors—and I know where the President is speaking to
First, the President withheld the aid you are not just jurors. I led the Clin- Sondland and wants to make sure they
without explanation and against the ton trial. You are jurors and judges. are going to do the investigations. You
advice of his own agencies, Cabinet of- Jurors all over America are told: You have got August, where they are trying
ficials, national security experts, in- don’t leave your common sense at the to hammer out a statement, and the
cluding Secretary Pompeo, Secretary door. Well, we don’t have to leave our Ukrainians are still resisting.
Esper, Ambassador Bolton, and others. common sense at the door here too. Then you have September. On Sep-
Only Mick Mulvaney, a central figure Two plus two equals four. tember 7, Ambassador Sondland is on
in this effort, reportedly supported the The aid was withheld. You are asking the phone with President Trump. At
hold, and he told us why. During a for it. We are asking for it. His own that point, he is aware that a whistle-
press briefing, Mulvaney personally ac- aides are asking for it, and no one can blower has filed a complaint alleging
knowledged that the hold was ordered get an explanation. The Ukrainians the contours of this scheme and Con-
as part of a quid pro quo designed to can’t get an explanation. All the gress and the public are beginning to
get Ukraine to undertake the inves- Ukrainians get is: We want you to do ask questions about the hold on aid, in-
tigation President Trump signed. these investigations. They are prom- cluding whether this was to get help in
Second, the reason for the security ised a White House meeting. They want his reelection.
assistance hold was undoubtedly on the a White House meeting. They need a During this call between the Presi-
President’s mind during the telephone White House meeting. They are going dent and Ambassador Sondland, with-
call with President Zelensky on July to be going into negotiations with out a prompt, President Trump told
25. Near the beginning of their con- Putin. They want to show strength, Sondland: There is no quid pro quo.
versation, President Zelensky ex- and they can’t get in the door. They Now, why would he do that? That is
pressed his gratitude for U.S. military see the Russian Foreign Minister get in not something that comes up in normal
SSpencer on DSKBBXCHB2PROD with SENATE

assistance, noting the United States’ the door of the White House. We see conversation, right? Hello, Mr. Presi-
‘‘great support in the area of defense.’’ the photos of the President and the dent, how are you today? No quid pro
Immediately after President Russian Foreign Minister, or the Am- quo.
Zelensky’s reference to defense and bassador, what a great time they are That is the kind of thing that comes
military support, President Trump re- having, but, no, the President of up in a conversation if you are trying
sponded by saying: ‘‘I would like you to Ukraine, our ally, can’t get in the door. to put your alibi out there. If you
do us a favor, though, because our They are not stupid. They know what heard about a whistleblower complaint,
country has been through a lot, and is going on here. They are not stupid. if you had seen allegations, if you

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S453
know Congress is starting to sniff through Ambassador Sondland, was fact for the hold on aid, including that
around, no quid pro quo. But—and I asking for President Zelensky to pub- he withheld the money because of cor-
know this is astonishing—so much of licly commit to these investigations, ruption in Ukraine or concerns about
the last 3 years has been a combination that it was not sufficient to do this in burden-sharing with other European
of shock and yet no surprise. Yet, even private, that this needed to be a very countries. But those arguments are
while the President is saying no quid public statement.’’ completely without merit.
pro quo, what does he say? Zelensky So we saw earlier, the side-by-side First, the President’s own adminis-
must publicly announce the two polit- comparison, right, of what the Ukrain- tration had determined by the time of
ical investigations, and he should want ians wanted to say. They wanted to the hold that Ukraine had undertaken
to do it. No quid pro quo, except this make no mention of these specific in- all necessary anti-corruption and de-
quid pro quo. vestigations, and now Giuliani insisted: fense reforms in order to receive the
Sondland immediately relayed the No, no, no. This isn’t going to be cred- funds. The Defense Department and
message to President Zelensky, in- ible unless you mention these specific State Department officials repeatedly
forming him that without the an- investigations. This is what it is going made this clear as the hold remained
nouncement of the political investiga- to take. And now you see that Ambas- and threatened the ability of the agen-
tions, they would be at a stalemate. sador Sondland has acknowledged to cy to spend the money before the end
Sondland made clear that this ref- Ambassador Taylor that it is not of the fiscal year.
erence to a stalemate meant the re- enough to use even the right language, Second, the evidence revealed that
lease of the security assistance. apparently. It has to be done in public. the President only asked about the for-
President Zelensky, after hesitating We are not going to take any private eign contributions to Ukraine in Sep-
for weeks to join the President’s cor- commitment. It has got to be done in tember, nearly 2 months after the
rupt scheme, finally relented. Presi- public. President implemented the hold and as
dent Zelensky informed Sondland that As we would later come to under- it became clear that the public, Con-
he agreed to do a CNN interview, and stand, this is because President Trump gress, and a whistleblower were becom-
Sondland understood that he would use didn’t care about the investigations ing aware of the President’s scheme.
that occasion to mention these items, being done. He just wanted them an- The after-the-fact effort to come up
meaning the two investigations at the nounced. He wanted Zelensky in a pub- with a justification also belies the
heart of the scheme. lic box. He wanted it announced pub- truth. The European countries provide
Candidate Zelensky, who was swept licly. far more financial support to Ukraine
into office with a landslide victory on a Ambassador Taylor also testified than the United States. Their support
promise of fighting corruption, would that he understood from Sondland that is largely economic. Ours also includes
be forced to undertake just the same because Trump was a businessman, he a lot of military support, but Europe is
kind of corrupt act he had been elected would expect to get something in re- a substantial financial backer of
to clean up. Upon learning this, Am- turn before signing a check. Ukraine.
(Text of Videotape presentation.) There is something else remarkable
bassador Taylor called Sondland to
Mr. TAYLOR. During our meeting, during
register his deep concern, telling him about this that I was struck by yester-
our call on September 8, Ambassador
that it was crazy—crazy. Taylor later Sondland tried to explain to me that Presi- day as we were going through the im-
texted Sondland to reinforce the point: dent Trump is a businessman. When a busi- portance of the witness testimony and
‘‘As I said on the phone, I think it’s nessman is about to sign a check to someone looking at some of those redacted
crazy to withhold security assistance who owes him something, the businessman emails in which the administration
for help with a political campaign.’’ asks that person to pay up before signing the sought to hide its misconduct.
‘‘As I said on the phone’’—clearly, check. Ambassador Volker used the same In those redactions, when we got to
language several days later while we were to- see what was beneath them, there was
they had discussed it. ‘‘As I said on the
gether at the Yalta European strategy con-
phone.’’ ference. I argued to both that the expla-
an indication that this is very close-
Taylor testified about the message nation made no sense. Ukrainians did not hold. This is a need-to-know basis only.
and the events leading up to it. Taylor owe President Trump anything. Do you remember that? We will show
said that security assistance was so Mr. Manager SCHIFF. This is very you that again, but it is one of those
important for Ukraine, as well as our telling. Ambassador Taylor, a Vietnam emails that only came to light, I be-
own national interest. To withhold veteran, a West Point graduate, said lieve, recently, and it is not because
that assistance for no good reason that Ukrainians didn’t owe us any- the administration wanted you to see
other than help with the political cam- thing. Clearly, Donald Trump felt this information. We see there is a de-
paign made no sense. It was counter- Ukrainians owed him, right? sire not to let people know about this
productive to all of what we had been This is not about Ukraine’s national hold.
trying to do. It was illogical. It could security. It is not about our national If the President were fighting corrup-
not be explained. It was crazy. security. It is not about corruption. tion, if he wanted Europeans to pay
What is more, Ambassador Taylor No, it is about what is in it for me. more, why would he hide it from us?
also came to learn that President Those Ukrainians owe me before I sign Why would he hide it from the Ukrain-
Trump wanted Zelensky in a public a check. ians? Why would he hide it from the
box. And, by the way, that is not his rest of the world? If this were a desire
He testified—Mr. Goldman was ask- money. That is your money. That is for Europe to pay more, why wouldn’t
ing the question: ‘‘Now, you reference a the American people’s money for their he charge Sondland to go ask Europe
television interview and a desire for defense. for more? Why wouldn’t he be proud to
President Trump to put Zelensky in a But here we see Ambassador tell the Congress of the United States:
public box, which you also have in Sondland explain: No, President Trump I am holding up this aid, and I am hold-
quotes.’’ is a businessman. Before he even signs ing it up because I am holding up cor-
Now, this is in reference, I think, to a check, he wants to get something, ruption?
his written testimony. and, of course, that something he was Why wouldn’t he? Because, of course,
‘‘Was that reference to ‘in a public going to sign that check for or he was it wasn’t true. There is no evidence of
box’ in his notes?’’ going to make that payment for, with that.
You remember he kept detailed our tax dollars—that thing that he was And, once more, the White House ad-
SSpencer on DSKBBXCHB2PROD with SENATE

notes. going to buy with those tax dollars— mitted why the President held up the
Taylor’s answer: ‘‘It was in my was a smear of his opponent and an ef- money. The President’s own Chief of
notes.’’ fort to lift whatever cloud he felt was Staff explained precisely why during
‘‘And what did you understand that over his Presidency because of the Rus- the October 17 press conference. Let’s
to mean, to put Zelensky in a public sian interference on his behalf in the see, again, what he had to say.
box’’? last election. (Text of Videotape presentation.)
And Taylor responds: ‘‘I understood The President has offered an assort- Mr. MULVANEY. That was—those were
that to mean that President Trump, ment of shifting explanations after the the driving factors. Did he also mention to

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S454 CONGRESSIONAL RECORD — SENATE January 22, 2020
me in the past that the corruption related to Are we really prepared to say that? And rather than demonstrate attri-
the DNC server? Absolutely. No question The only answer to the President’s tion or acknowledged wrongdoing, the
about that. But that’s it. That’s why we held misconduct is that we need to get over President instead has continued his ef-
up the money. Now, there was a report—
Mr. KARL. So the demand for an investiga- it? What are we to say to the next fort, even after the impeachment in-
tion into the Democrats was part of the rea- President? What are we to say to the vestigation began. He not only contin-
son that he went on to withhold funding to President who is from a different ued to call on Ukraine to investigate
Ukraine? party, who refuses the same kind of his political opponent, he called on
Mr. MULVANEY. The look-back to what subpoenas, and the President says to China to do the same.
happened in 2016 certainly was part of the you or his Chief of Staff says to you or This should concern all of us. It is a
thing that he was worried about in corrup- her Chief of Staff says to you: Just get confirmation not only of the scheme to
tion with that nation and absolutely appro-
over it. I am not doing anything dif- pressure Ukraine to help his political
priate.
ferent than Donald Trump did. Just get campaign but a clear sign that the
Mr. Manager SCHIFF. But Mulvaney over it. He asked for help in the next President believes that these corrupt
didn’t just admit that the President election, I am asking for help in the acts are acceptable.
withheld the crucial aid appropriated next election. Just get over it. We do A President this unapologetic, this
by Congress to apply pressure on this kind of thing all the time. unbound to the Constitution and the
Ukraine to do the President’s political People are cynical enough as it is oath of office, must be removed from
dirty work. He also said that we should about politics, about people’s commit- that office lest he continue to use the
just ‘‘get over it.’’ Let’s watch. ment to their good, cynical enough vast prejudicial powers at his disposal
(Text of Videotape presentation.) without having us confirm it for them. to seek advantage in the next election.
Mr. KARL. Let’s be clear. What you just I think it is more than crazy. Those President Trump’s abuse of powers of
described is a quid pro quo. It is funding will were Ambassador Taylor’s words. I
not flow unless the investigation into the his office undermined the integrity of
think it is more than crazy. I think it our free and fair elections and com-
Democratic server happened as well.
Mr. MULVANEY. We do that all the time is a gross abuse of power. promised America’s national security.
with foreign policy. If you read the news re- And I don’t think that impeachment If we don’t stand up to this peril
ports and you believe them—what did power is a relic. If it is a relic, I wonder today, we will write the history of our
McKinney say yesterday? Well, McKinney how much longer our Republic can suc- decline with our own hand. If President
said yesterday that he was really upset with ceed. Trump is not held to account, we send
the political influence in foreign policy. For months, President Trump and his a message to future Presidents, future
That was one of the reasons he was so upset agents had pressured Ukraine to an-
about this. And I have news for everybody: Congresses, and generations of Ameri-
nounce investigations, and President cans that the personal interests of the
Get over it. There’s going to be political in- Zelensky finally yielded. As previously
fluence in foreign policy. President can fairly take precedent
noted, he scheduled a CNN interview over those of the Nation. The domestic
Mr. Manager SCHIFF. Should the and planned to publicly announce the
Congress just get over it? Should the effects of this descent from democracy
politically motivated investigations. will be a weakened trust in the integ-
American people just come to expect He informed Sondland of this plan
that our Presidents will corruptly rity of our elections and the rule of law
during a September 7 phone call. In the
abuse their office to seek the help of a and a steady decline of the spread of
same call, Sondland related to Presi-
foreign power to cheat in our election? democratic values throughout the
dent Zelensky that Trump required
Should we just get over it? Is that what that the Ukrainian leader make the world.
we have come to? I hope and pray that For how can any country trust the
public announcement in order to get
the answer is no. United States as a model of governance
the critical military aid.
We cannot allow a President to with- President Trump’s corruption had fi- if it is one that sanctions precisely the
hold military aid from an ally or to nally worn down President Zelensky, political corruption and invitation to
elicit help in a reelection campaign. I overcoming his effort to remain true to foreign meddling that we have long
hope that we don’t have to just get his anti-corruption platform—until sought to help eradicate in burgeoning
over that. I hope that we just don’t events intervened. democracies around the world? To pro-
have to get accustomed to that. Before Zelensky could do the inter- tect against foreign interference in our
Is that what we want to tell our con- view, President Trump learned that his elections, we have guardrails built into
stituents, that, yes, the President scheme had been exposed. Facing pub- our democratic system. We have cam-
withheld aid from an ally? Yes, it dam- lic and congressional pressure on Sep- paign finance laws to ensure that polit-
aged our national security. And, yes, tember 11, the President finally re- ical assistance can come only from do-
he wouldn’t meet with the foreign lead- leased the hold on aid to Ukraine. Just mestic actors, and we take seriously
ers important to us unless he got help like the implementation of the hold, he the need to shore up the integrity of
in the next election. And, yes, it is provided no reason for the release, but our voting systems so that a foreign
wrong to try to get a foreign power to the reason is quite simple. The Presi- government or actor cannot change
help. dent got caught. vote tallies. The promise of one person,
It is kind of cheating, really, if we In late August, President Trump one vote is only effective if each vote is
are going to be honest about it and bla- learned about a whistleblower com- cast free of foreign interference. Amer-
tant about it. It is cheating. Americans plaint that was winding its way icans decide American elections—at
are supposed to decide American elec- through the intelligence agencies on least they should.
tions, but, you know, I guess we just its way to Congress. Now, what if electoral corruption is
need to get over it. I guess that is just On September 9, three House com- even more insidious? What happens
what we should now expect of a Presi- mittees announced an investigation when the invitation comes from with-
dent of the United States. into President Trump’s Ukraine mis- in? Our Framers understood that
I guess there is really no remedy for conduct and that of his proxy, Rudy threat too. George Mason noted at the
that anymore. The impeachment, Giuliani. Later that day, again, Sep- Constitutional Convention that im-
maybe that was a good idea 200 years tember 9, the intelligence community peachment was a necessary tool be-
ago, but I guess we just need to get inspector general notified the Senate cause ‘‘the man who has practiced cor-
over it. I guess maybe the President and House Intelligence Committees of ruption and by that means procured his
really is above the law because they the existence of the complaint and the appointment in the first instance’’
SSpencer on DSKBBXCHB2PROD with SENATE

say you can’t indict the President. fact that it was being withheld from could seek to repeat his guilt.
The President says you can’t even in- Congress, contrary to law and in an un- In June of last year, President
vestigate the President. The President precedented fashion. Trump was clear that, if a foreign gov-
is in court saying, you can not only not Facing significant public pressure on ernment offered dirt on his political
indict the President, you can’t even in- September 11, the President gave up opponent, he would take it, a state-
vestigate the President. The Attorney and released the money to Ukraine. ment deeply at odds with the guidance
General’s position is that you can’t One week later, President Zelensky provided at the time by his own FBI
even investigate the President. canceled the CNN interview. Director, the former Federal Election

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S455
Commission Chair, and our Constitu- ference. It is not a competition be- and personal interests rather than the
tion, written some 233 years ago. In no tween autocracy and democracy. No, it national interests, we send a message
uncertain terms, it admonishes against is just between autocrats and hypo- to our European allies that our com-
any person holding office of profit or crites. mitment to a Europe free and whole is
trust accepting any present from any They make no bones about their loss for sale to the highest bidder. The
foreign state. of democracy. They just want the rest strength of our global alliances relies
But President Trump did more than of the world to believe you can’t fight on a shared understanding of what that
take the foreign help in 2019, as he had it anywhere. Why take to the streets of alliance stands for: one built on the
done in 2016. This time, he had not only Moscow to demand something better if rule of law, on free and fair elections,
asked for it in the July 25 call, but there is nothing better anywhere else. and on a shared struggle against ag-
when he didn’t get the help from the That is the Russian story. That is the gression from autocratic regimes.
Ukrainian President in the form of an- Russian story. That is who prospers by We are countries built on a commit-
nounced investigations, he withheld the defeat of democracy. That is who ment to our people, not unyielding loy-
hundreds of millions of dollars in tax- wins by the defeat of our democratic alty to a President who would be King.
payer-funded military aid and a cov- ideals. It is not other democracies; it is A President has a right to hold a call
eted White House meeting to increase the autocrats who are on the rise all with a foreign leader, yes. And he has a
the pressure on Ukraine to comply. over the world. right to decide the time and location of
Later, he demonstrated no remorse and I think all of us in this room have a meeting with that leader, yes. And he
continued to encourage Ukraine to grown up in a generation where each has a right to withhold funding to that
conduct the political investigations he successive generation lived with more leader should the law be followed and
wanted, even asking other countries to freedom than the one that came before. the purpose be just.
do so. We each had more freedom of speech But he does not, under our laws and
The consequences of these actions and associations, the freedom to prac- under our Constitution, have a right to
alone have shaken our democratic sys- tice our faith. This was true at home. use the powers of his office to cor-
tem. What message will we send if we It was true all over the world. I think ruptly solicit foreign aid—prohibited
choose not to hold this President ac- we came to believe this was some im- foreign aid—in his reelection. He does
countable for his abuse of power to so- mutable law of nature, only to find it not. He does not have the right to with-
licit reelection interference in our up- isn’t, only to come to the terrible real- hold official Presidential acts to secure
coming election? The misconduct un- ization that this year fewer people that assistance, and he certainly does
dertaken by this President may lead have freedom than last, and there is no not have the right to undermine our
future Presidents to believe that they, guarantee that next year people will elections and place our security at risk
too, can use the substantial power con- live in more freedom than today. And for his own personal benefit. No Presi-
ferred on them by the Constitution in the prospect for our children is even dent, Republican or Democratic, can be
more in doubt. permitted to do that.
order to undermine it. Nothing could
It turns out, there is nothing immu-
weaken the integrity of our elections Now let me turn to the second Arti-
table about this. Every generation has
more, and no campaign finance law or cle of Impeachment, which charges the
to fight for it. We are fighting for it
statement by a future FBI Director President with misusing the powers of
right now. There is no guarantee that
could stand up to the precedent of elec- his office to obstruct and interfere with
this democracy that has served us so
toral misconduct set by the President the impeachment inquiry.
well will continue to prosper. We will
of the United States if we do not say The evidence you will hear during
struggle to protect this idea, and even
clearly that this behavior is unaccept- the House presentation is equally unde-
as we do, we will struggle to protect
able and, more than unacceptable, im- niable and damning. President Trump
our security in more tangible ways.
peachable. issued a blanket order directing the en-
Support for an independent and demo-
We also undermine our global stand- tire executive branch not to cooperate
cratic Ukraine, which is the literal bul-
ing. As a country long viewed as a with the impeachment inquiry and to
wark against Russian expansionism in
model for democratic ideals worth withhold all documents and testimony.
Europe, is essential to our security.
emulating, we have, for generations, His order was categorical. It was indis-
Russia showed that when it invaded
been the ‘‘shining city upon a hill’’ criminate and historically unprece-
Ukraine in 2014 and sought to redraw
that President Reagan described. the map of Europe. dented. No President before President
America is not just a country but also Was our commitment to Ukraine’s Trump has ever ordered the complete
an idea. But of what worth is that idea independence and sovereignty just an defiance of an impeachment inquiry or
if, when tried, we do not affirm the val- empty promise or are we prepared to sought to obstruct and impede so com-
ues that underpin it? support its efforts to keep Russia con- prehensively the ability of the House of
What will those nascent democracies tained so they and we may all eventu- Representatives to investigate high
around the world conclude; that de- ally enjoy a long peace? crimes and misdemeanors.
mocracy is not only difficult but Russia is not a threat—I don’t need The President was able to block
maybe that it is too difficult? Maybe to tell you—to Eastern Europe alone. agencies across the executive branch
that it is impossible? And who will Ukraine has become the de facto prov- from producing any records or docu-
come to fill the void we leave when the ing ground for just the types of hybrid ments to the House investigative com-
light from that shining city upon a hill warfare that the 21st century will be- mittees, despite duly authorized sub-
is extinguished? The autocrats with come defined by: cyber attacks, poenas. The White House continues to
whom we compete, who value not free- disinformation campaigns, efforts to refuse to produce a single document or
dom and fair elections but the undermine the legitimacy of state in- record in response to a House subpoena
unending rule of a repressive executive; stitutions, whether that is voting sys- that remains in full force and effect.
autocrats who value not freedom of the tems or financial markets. The Krem- The Department of State and Office of
press and open debate but lin showed boldly in 2016 that, with the Management and Budget, Department
disinformation, propaganda, and state- malign skills it honed in Ukraine, they of Energy, and the Department of De-
sanctioned lies. would not stay in Ukraine. Instead, fense continue to refuse to provide a
Vladimir Putin would like nothing Russia employed them here to attack single document or record in response
better. The Russians have little democ- our institutions, and they will do so to House subpoenas that remain in full
SSpencer on DSKBBXCHB2PROD with SENATE

racy left, thanks to Vladimir Putin. It again. Indeed, they have never stopped. force and effect.
is an autocracy; it is a thugocracy. The Will we allow the primary country now It is worth underscoring this point.
Russian story line, the Russian nar- fighting Russia to be weakened, plac- The House has yet to receive a single
rative, the Russian propaganda, the ing our troops in Europe at greater document from the executive branch
Russian view they would like people risk and opening the door to greater in- agencies pursuant to its subpoenas.
around the world to believe is that terference in our affairs at home? Not a single piece of paper, email, or
every country is just the same, just the If we allow the President of the other record has been turned over—not
same corrupt system: There is no dif- United States to pursue his political one.

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S456 CONGRESSIONAL RECORD — SENATE January 22, 2020
While I pause to get a drink of water, gress. The charges in the second article the President from office. This entire
let me let you know for your timing are much more serious and urgent than framework depends on Congress’s abil-
that I have about 10 minutes left in my that. ity to discover, and then to thoroughly
presentation. So the end is in sight. First, the President’s attempt to ob- and effectively investigate, Presi-
President Trump has also success- struct the inquiry so categorically and dential misconduct. Without the abil-
fully blocked witnesses—nine of them— comprehensively is part and parcel of ity of Congress to do that, the im-
under subpoena from testifying, wit- the President’s furious effort to con- peachment power is a nullity. If you
nesses with firsthand knowledge of the ceal, suppress, and cover up his own can’t investigate it, you can’t enforce
President’s actions, including his clos- misconduct. From the very first mo- it and can’t apply it.
est aides, some of whom were directly ment his actions were at the risk of What we confront here, in the second
involved in executing the President’s coming to light, President Trump has Article of Impeachment, is therefore
improper orders. These witnesses in- sought to hide and cover up key evi- an impeachable offense aimed at de-
clude Mick Mulvaney and Robert Blair; dence, even as his scheme to pressure stroying the impeachment power itself.
Russell Vought, the acting head of the Ukraine was still underway. When a President abuses the power of
Office of Management and Budget; Mi- As the House’s presentation will his office to so completely defy House
chael Duffey, a senior official; and the make clear, the President’s coverup investigators, and does so without law-
President’s chief legal advisor on the started even before the House began to ful cause or excuse, he attacks the Con-
National Security Council, John investigate the President’s Ukraine-re- stitution itself. He confirms that he
Eisenberg, among others. lated activity. The President learned sees himself as above the law. His ac-
The managers will present in detail early on of the existence of a lawful tions destabilize the separation of pow-
what these officials knew about their whistleblower complaint from within ers, which defines our democracy and
role in executing different parts of the the intelligence community that would preserves our freedom, and establish an
President’s scheme. There is no dis- ring the first alarm. He deployed the exceedingly dangerous precedent. And
pute, nor could there be, that President White House and Justice Department he proves that he is willing to destroy
Trump’s order substantially obstructed to intervene in an unprecedented fash- a vital safeguard against tyranny—a
the House impeachment inquiry. That ion to conceal and then withhold from safeguard meant to protect the Amer-
obstruction continues unabated today, Congress—for the first time ever—a ican people—just to advance his own
even as we stand here at the start of credible and urgent whistleblower com- personal interests in covering up evi-
the President’s trial. plaint, even though the law requires dence.
The President has been able to do so that it be provided to the congressional The House’s presentation of the sec-
only because of the uniquely powerful intelligence committees. ond article will therefore focus on
position he holds as our Commander in Once the impeachment inquiry was three core areas that confirm the
Chief. No other American could seek to underway in late September, the Presi- President’s obstruction and require his
obstruct an investigation into his own dent used the immense and unique removal from office: first, the singular
wrongdoing this way. No other Amer- power at his disposal to direct and importance and role of the impeach-
ican could use the vast powers and le- maintain at every turn the categorical ment clause for our democracy and
vers of his government to conduct a defiance of congressional scrutiny, why an effort by a President to ob-
corrupt scheme to benefit themselves even as he attacked the inquiry itself struct an impeachment inquiry is, in
and then use those same powers to sup- and its witnesses. The President of- and of itself, an impeachable offense;
press evidence and bar any cooperation fered multiple and shifting justifica- second, why the President’s extensive
with the authorities investigating tions for obstructing the House’s in- effort to cover up evidence of his mis-
them—not a police chief, not a mayor, quiry, each of them deficient, while his conduct is unprecedented in American
not a Governor, not any elected official actions and statements powerfully re- history and without lawful cause or
in the country, and certainly not any flect his own consciousness of guilt. justification; and, finally, why the
unelected official in the country. Second, the ramifications of the President’s obstruction poses a direct
For those folks watching us from President’s obstruction go beyond the threat to our system of self-govern-
around the country, you know what sinister motives of simply covering up ance, with consequences for all Ameri-
would happen to them if they defied a his actions. His obstruction strikes at cans—today and in the future—and for
lawful subpoena. the heart of our Constitution. It both Chambers of Congress.
They got a subpoena commanding threatens the last line of defense our Over the coming days, you will hear
them to appear. You know what would Founders purposefully enshrined in our from the House managers details of
happen to them because they are not system to protect our democracy. this scheme and the effort to hide it
above the law: They would be arrested; If Presidents can obstruct an im- from Congress. The Articles of Im-
they would be detained; they would be peachment inquiry undertaken by the peachment that the House presented go
incarcerated; they would be forced to House and evade accountability in the to the heart of those efforts, and let me
comply. They are not above the law, Senate for doing so, they usurp an es- share a few takeaways.
and neither are we, and neither is the sential power granted exclusively to The House of Representatives has
President. the Congress—and for a reason. Presi- found that, using the powers of his
And, yet, despite the fact that he is dents could seize for themselves the high office, President Trump solicited
not above the law, despite the Presi- power to neutralize and nullify the im- the interference of a foreign govern-
dent’s extensive and persistent efforts, peachment clause in order to shield ment, Ukraine, in the 2020 U.S. Presi-
the House heard from courageous wit- themselves from any accountability. dential election. He did so through a
nesses who obeyed lawful subpoenas, And if Congress is unable to inves- scheme or course of conduct that in-
and we gathered overwhelming evi- tigate and impeach a President for cluded soliciting the government of
dence. The House built a formidable abuse of their office, our democracy’s Ukraine to publicly announce inves-
case that forms the basis of these arti- essential check on a rogue President tigations that would benefit his reelec-
cles. would fail. It would no longer protect tion, harm the election prospects of a
The second article for obstruction of the American people from a corrupt political opponent, and influence the
Congress is not simply about President President who presents an ongoing 2020 U.S. Presidential election improp-
Trump’s decision to obstruct a congres- threat. This is the outcome every erly and to his advantage.
SSpencer on DSKBBXCHB2PROD with SENATE

sional investigation or even an im- American should be concerned about President Trump also sought to pres-
peachment inquiry. It should not be and one that the Founders warned us sure the Government of Ukraine to
misunderstood as some routine dispute about. take these steps by conditioning offi-
between two branches of government, Through the impeachment clause, cial U.S. Government acts of signifi-
nor should it be reduced to the notion the Framers of the Constitution em- cant value to Ukraine on Ukraine’s
that the President was simply pro- powered Congress to thoroughly inves- public announcement of these inves-
tecting himself or fighting back tigate Presidential malfeasance—and tigations. He engaged in this scheme or
against a partisan or overzealous Con- to respond, if necessary, by removing course of conduct for corrupt purposes

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S457
in pursuit of his personal political ben- licans alike—must ask ourselves perate listening and their patience last
efit. whether our loyalty is to our party or night as we went into the long hours.
In doing so, President Trump used whether it is to our Constitution. If we I truly thank you.
the powers of the Presidency in a man- say that we will align ourselves with The House managers will now under-
ner that compromised the national se- that leader, allowing our sense of duty take to tell you the story of the Presi-
curity of the United States and under- to be usurped by an absolute Execu- dent’s Ukraine scheme. As we tell the
mined the integrity of the U.S. demo- tive, that is not democracy; it is not story, it is important to note that the
cratic process. He thus ignored and in- even factionalism. It is a step on the facts before us are not in dispute.
jured the interests of the Nation. road to tyranny. There are no close calls. The evidence
As part of the House’s impeachment The damage that this President has shows that President Trump unlaw-
inquiry, the committees undertaking done to our relationship with a key fully withheld military assistance, ap-
the investigation served subpoenas strategic partner will be remedied over propriated by Congress to aid our ally,
seeking documents and testimony time, and Ukraine continues to enjoy in order to extort that government
deemed vital to the inquiry from var- strong bipartisan support in Congress. into helping him win his reelection,
ious executive branch agencies and of- But if we fail to act, the damage to our then tried to cover it up when he got
fices and current and former officials. democratic elections, to our national caught.
In response, and without lawful cause security, to our system of checks and This is the story of a corrupt, govern-
or excuse, President Trump directed balances will be long-lasting and po- mentwide effort that drew in Ambas-
executive branch agencies, offices, and tentially irreversible. sadors, Cabinet officials, executive
officials not to comply with those sub- As you will hear in the coming days, branch agencies, and the Office of the
poenas. President Trump thus inter- President Trump has acted in a manner President. This effort threatened the
posed the powers of the Presidency grossly incompatible with self-govern- security of Ukraine in its military
against the lawful subpoenas of the ance. His conduct has violated his oath struggle with Russia and compromised
House of Representatives and assumed of office and his constitutional duty to our own national security interests be-
to himself functions and judgments faithfully execute the law. He has cause the President cared only about
necessary to the exercise of the sole shown no willingness to be constrained his personal political interests.
power of impeachment vested by the by the rule of law and has dem- In the spring of 2019, the people of
Constitution in the House of Rep- onstrated that he will continue to Ukraine elected a new leader,
resentatives. abuse his power and obstruct investiga- Volodymyr Zelensky, who campaigned
As George Washington and his troops tions into himself, causing further on a platform of rooting out corruption
retreated across the Delaware River in damage to the pillars of our democracy in his country. This pledge was wel-
early December 1776, they were read if he is not held accountable. comed by the United States and its al-
the words of Thomas Paine, published He cannot be charged with a crime, lies, but the new government also
that month in his pamphlet, ‘‘The so says the Department of Justice. threatened the work of President
American Crisis’’: There is no remedy for such a threat Trump’s chief agent in Ukraine, Rudy
These are the times that try men’s souls. but removal from office of the Presi- Giuliani.
The summer soldier and the sunshine patriot dent of the United States. As President Zelensky was taking
will, in the crisis, shrink from the service of If impeachment and removal cannot power, Mr. Giuliani was already en-
their country; but he that stands by it now, hold him accountable, then he truly is gaged in an effort to convince Ukrain-
deserves the love and thanks of man and above the law. ian officials to announce two sham in-
woman. vestigations. The first was an effort to
We are nearly 21⁄2 centuries into this
Seventeen days later, George Wash- beautiful experiment of American de- smear former Vice President Joe
ington crossed the Delaware, leading to mocracy, but our future is not assured. Biden. The second was designed to un-
a decisive victory for those who would As Benjamin Franklin departed the dermine the intelligence community’s
come to shape our promising young Constitutional Convention, he was unanimous assessment that Russia
country. asked: ‘‘What have we got? A Republic interfered in the 2016 election.
As much as our Founders feared an or a Monarchy?’’ He responded simply: One obstacle to Mr. Giuliani’s work
unchecked Chief Executive able to pur- ‘‘A Republic, if you can keep it.’’ was Ambassador Marie Yovanovitch. A
sue his own will over the will of the A fair trial, impartial consideration 33-year veteran of the Foreign Service,
people, they also feared the poison of of all of the evidence against the Presi- Ambassador Yovanovitch had
excessive factionalism that could di- dent is how we keep our Republic. partnered with Ukraine to root out the
vert us from a difficult service to our That concludes our introduction. kind of corruption that would have al-
country. As George Washington warned f lowed Mr. Giuliani’s lies to flourish.
in his farewell address, ‘‘the common In order to complete his mission, Mr.
and continual mischiefs of the spirit of RECESS SUBJECT TO THE CALL OF Giuliani first needed Ambassador
party are sufficient to make it the in- THE CHAIR Yovanovitch out of the way. So in
terest and duty of a wise people to dis- The CHIEF JUSTICE. The majority early 2019, Mr. Giuliani launched a pub-
courage and restrain it.’’ leader is recognized. lic smear campaign against the Ambas-
Our political parties and affiliations Mr. MCCONNELL. Chief Justice, col- sador, an effort that involved Mr.
are central to our democracy, ensuring leagues, I suggest we have a recess Giuliani’s allies in Ukraine, the Presi-
that good and bad political philoso- until 10 minutes to 4, at which moment dent’s allies in the United States, and,
phies alike are considered in the mar- we will reconvene, subject to the call of eventually, President Trump himself.
ketplace of ideas. Here, the American the Chair. Please remember that the object of
people can choose between the policies The CHIEF JUSTICE. Without objec- the President’s Ukraine scheme was to
of one party or another and make deci- tion, it is so ordered. obtain a corrupt advantage for his re-
sions about their political leaders up to There being no objection, at 3:28 election campaign. As we will show,
and including the President of the p.m., the Senate, sitting as a Court of the President went to extraordinary
United States based on the degree to Impeachment, recessed until 3:56 p.m.; lengths to cheat in the next election.
which that person represents their in- whereupon the Senate reassembled That scheme begins with the attempt
terests and values. That is not fac- when called to order by the CHIEF JUS- to get Ambassador Yovanovitch ‘‘out
SSpencer on DSKBBXCHB2PROD with SENATE

tionalism; that is the foundation of our TICE. of the way.’’


democracy. The CHIEF JUSTICE. The House By all accounts, Ambassador
But when a leader takes the reins of managers may resume if they are Yovanovitch was a highly respected
the highest office in our land and uses ready. and effective Ambassador. Witnesses
that awesome power to solicit the help Mr. Manager NADLER. Mr. Chief uniformly praised her 33-year career as
of a foreign country to gain an unfair Justice, Members of the Senate, before a nonpartisan public servant and told
advantage in our free and fair elec- I begin, I would like to thank the Chief us that she particularly excelled in
tions, we all—Democrats and Repub- Justice and the Senators for their tem- fighting corruption abroad. President

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S458 CONGRESSIONAL RECORD — SENATE January 22, 2020
George Bush named her as an Ambas- without warning. Mr. Giuliani has ad- Mr. Manager NADLER. As Mr. Kent
sador twice, and President Obama nom- mitted as much to the press. indicated, the smear campaign against
inated her as Ambassador to Ukraine, In order to understand Mr. Giuliani’s Ambassador Yovanovitch was orches-
where she represented the United smear campaign against Ambassador trated by a core group of corrupt
States from 2016 to 2019. Yovanovitch, you need to know about a Ukrainian officials working at Mr.
Eradicating corruption in Ukraine few additional characters who Mr. Giuliani’s direction. This group in-
has been a key policy priority of the Giuliani drew into his scheme. cluded two additional characters who
U.S. Government for years. During the The first of these characters is have been in the news of late—Lev
House inquiry, the Ambassador ex- Viktor Shokin, the disgraced former Parnas and Igor Fruman. Mr. Parnas
plained why implementing this prosecutor general of Ukraine, who was and Mr. Fruman were of course in-
anticorruption policy was so impor- fired by the Ukrainian Government for dicted last year on several charges, in-
tant. gross corruption. In 2016, at the urging cluding charges related to large dona-
(Text of Videotape presentation:) of the European Union, the Inter- tions they made to support President
Ms. YOVANOVITCH. As critical as the war national Monetary Fund, and the U.S. Trump.
against Russia is, Ukraine’s struggling de- Government, the Parliament of Simply put, in doing her job well,
mocracy has an equally important challenge: Ukraine voted to remove Mr. Shokin as Ambassador Yovanovitch drew Mr.
Battling the Soviet legacy of corruption prosecutor general because he was cor- Lutsenko’s ire, and, as Mr. Kent ob-
which has pervaded Ukraine’s government. rupt and refused to prosecute corrup- served, ‘‘You can’t promote principled
Corruption makes Ukraine’s leaders ever
vulnerable to Russia, and the Ukrainian peo-
tion cases. The United States, the Eu- anti-corruption efforts without pissing
ple understand that. That’s why they ropean Union, and the International off corrupt people.’’
launched the Revolution of Dignity in 2014, Monetary Fund all urged the Ukraine As it turned out, this statement ap-
demanding to be a part of Europe, demand- Government to dismiss Mr. Shokin. plied to Yuriy Lutsenko and to Rudy
ing the transformation of the system, de- The second character is Yuriy Giuliani, who feared that the Ambas-
manding to live under the rule of law. Lutsenko, who succeeded Mr. Shokin sador would stand in the way of his
Ukrainians wanted the law to apply equal- as prosecutor general. Mr. Lutsenko corrupt efforts to coerce Ukraine into
ly to all people, whether the individual in also proved reluctant to prosecute cor- conducting investigations that would
question is the President or any other cit- benefit the political interests of his cli-
izen. It was a question of fairness, of dignity.
ruption cases, and several witnesses
Here again, there is a coincidence of inter- testified that he also had a reputation ent, President Trump.
ests. Corrupt leaders are inherently less for dishonesty and corruption. Ambas- Giuliani’s coordinated smear cam-
trustworthy while an honest and account- sador Yovanovitch and Deputy Assist- paign against Ambassador Yovanovitch
able Ukrainian leadership makes a U.S.- ant Secretary George Kent both testi- became public in the United States in
Ukrainian partnership more reliable and fied that the U.S. Embassy in Kyiv late March 2019, with the publication of
more valuable to the United States. eventually stopped working with Mr. a series of opinion pieces in The Hill,
Mr. Manager NADLER. On the Lutsenko altogether. based on interviews with Lutsenko. On
evening of April 24, 2019, Ambassador Shokin, Lutsenko, and Giuliani—the March 20, 2019, in one piece in The Hill,
Yovanovitch was hosting an event at goals of all three characters were Lutsenko falsely alleged that Ambas-
the U.S. Embassy, honoring the mem- aligned. Shokin had it out for Vice sador Yovanovitch had given him a so-
ory of an anticorruption fighter who President Biden because of the role called ‘‘do-not-prosecute list.’’ Not
had been killed when acid was thrown that the Vice President played in his only was the allegation false, but after
in her face the previous year. At about 2016 firing. The Vice President, car- having helped originate the claim,
10 that night, the Embassy event was rying out U.S. policy, urged the Lutsenko himself would later go on to
interrupted by a telephone call from Ukrainian Government to dismiss the retract it.
Washington. Ambassador Yovanovitch corrupt Shokin. The same piece also falsely stated
described this conversation with the I note that the Vice President—the that Ambassador Yovanovitch had
head of the State Department’s human former Vice President—has been criti- ‘‘made disparaging statements about
resources department. cized for urging that he be fired. President Trump.’’ A statement issued
(Text of Videotape presentation:) Lutsenko found his career trajectory by the State Department declared the
Ms. YOVANOVITCH. She said that there fading and wanted President Trump’s allegations to be a total fabrication.
was great concern on the seventh floor of the support to boost his political prospects President Trump promoted Solo-
State Department. That’s where the leader- in Ukraine. Giuliani needed partners in mon’s article in a tweet, which intensi-
ship at the State Department sits. There was Ukraine willing to announce two sham fied the public attacks against Ambas-
great concern. They were worried. She just
investigations meant to boost Presi- sador Yovanovitch. Then, on March 24,
wanted to give me a heads up about this. Donald Trump, Jr., called Ambassador
And, you know, things seemed to be going dent Trump’s own campaign. All three
wanted Ambassador Yovanovitch out Yovanovitch a ‘‘joker’’ on Twitter and
on, and so she just wanted to give me a heads called for her removal.
up. of the way.
So in early 2019, the smear campaign You can see the slides of the two
Mr. Manager NADLER. Confused, the tweets.
Ambassador asked for more informa- began. Mr. Lutsenko became the pri-
These unfounded smears by the
tion from Washington. Three hours mary vector for false allegations
President and his son reverberated in
later they spoke again. Ambassador against Ambassador Yovanovitch. Dep-
Ukraine. Deputy Assistant Secretary
Yovanovitch learned that there were uty Assistant Secretary George Kent
George Kent testified that ‘‘starting in
concerns about her ‘‘up the street’’; testified that Lutsenko’s allegations
mid-March,’’ Rudy Giuliani was ‘‘al-
that is, at the White House. The Am- against Ambassador Yovanovitch were
most unmissable’’ in this ‘‘campaign of
bassador was told to get on the first motivated by revenge.
(Text of Videotape presentation:) slander.’’ And according to Mr. Kent,
plane home. Mr. Lutsenko’s press spokeswoman
Mr. KENT. Over the course of 2018 and 2019,
Why was this respected career dip- retweeted Donald Trump, Jr.’s tweet
I became increasingly aware of an effort by
lomat abruptly removed from her post? Rudy Giuliani and others, including his asso- attacking the Ambassador, further un-
Why was she, in fact, urged by the ciates Lev Parnas and Igor Fruman, to run a dermining her standing in Ukraine—
State Department to catch the first campaign to smear Ambassador Yovanovitch her standing, the U.S. Ambassador’s
plane home, that she was in danger, and other officials at the U.S. Embassy in standing. Mr. Giuliani was not content
she shouldn’t wait? Kyiv. The chief agitators on the Ukrainian to stay behind the scenes, either. He
SSpencer on DSKBBXCHB2PROD with SENATE

At the time, the White House would side of this effort were some of those same promoted the same attacks on the Am-
not say, but today we know the truth. corrupt former prosecutors I had encoun- bassador on Twitter, FOX News, and
The truth is that Ambassador tered, particularly Yuriy Lutsenko and
elsewhere.
Viktor Shokin. They were now pedaling false
Yovanovitch was the victim of a smear At the end of March, the attacks in-
information in order to extract revenge
campaign organized by Rudy Giuliani, against those who had exposed their mis- tensified. Ambassador Yovanovitch
amplified by President Trump’s allies, conduct, including U.S. diplomats, Ukrain- sent Under Secretary of State for Po-
and designed to give President Trump ian anticorruption officials, and reform- litical Affairs David Hale an email de-
the pretext he needed to recall her minded civil society groups in Ukraine. tailing her concerns and asking for a

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S459
strong statement of support from the The impacts of the successful 2016 Russian gratulate him. On that first call—the
State Department. In reply, the State campaign remain evident today. Our Nation first call—Zelensky invited President
Department told her that they were is being torn apart. The truth is questioned. Trump to visit Ukraine for the upcom-
Our highly professional, expert career For-
unwilling to help her—their own Am- ing inauguration. President Trump, in
eign Service is being undermined. U.S. sup-
bassador—because if they issued a pub- port for Ukraine which continues to face turn, promised that his administration
lic statement supporting her, ‘‘it could armed Russian aggression is being politi- would send someone at ‘‘a very, very
be undermined,’’ by the President and cized. The Russian Government’s goal is to high level.’’
their concern that ‘‘the rug would be weaken our country, to diminish America’s During that same April call, Presi-
pulled out from underneath the State global role, and to neutralize a perceived dent Trump invited President Zelensky
Department.’’ U.S. threat to Russian interests. to the White House, saying:
The State Department cannot ex- Mr. Manager NADLER. President When you’re settled in and ready, I’d like
press support for an American Ambas- Trump knew this too. His former to invite you to the White House. We’ll have
sador threatened abroad because they Homeland Security Advisor, Tom a lot of things to talk about, but we’re with
are concerned that if they express sup- Bossert, said that the idea that you all the way.
port for that American Ambassador, Ukraine hacked the DNC server was Zelensky immediately accepted the
the rug will be pulled out from under ‘‘not only a conspiracy theory, it is President’s invitation, adding that the
them by the President. What it must completely debunked,’’ and he and ‘‘whole team and I are looking forward
have taken to convince our State De- other U.S. officials spent hours with to that visit.’’
partment to refuse support for its Am- the President explaining why. Numerous witnesses testified about
bassador. The second false allegation that the the significance of a White House
Phone records show that Giuliani President wanted the Ukrainians to an- meeting for the political newcomer. A
also kept the White House apprised of nounce was that Vice President Biden White House meeting would show
these developments, as you can see used his power to protect a company on Ukrainians that America supported
from these slides. whose board his son sat by forcing the Zelensky’s anti-corruption platform.
Again, it is worth remembering that removal of Viktor Shokin, the corrupt The clear backing of the President of
smearing Ambassador Yovanovitch was former prosecutor general. the United States—Ukraine’s most im-
a means to an end. Removing her It is true that Vice President Biden portant patron—would also send a pow-
would allow the President’s allies the helped remove Mr. Shokin, who was erful message to Russia that we had
freedom to pressure Ukraine to an- widely believed to be corrupt. As I said Ukraine’s back.
nounce their sham investigations. a few minutes ago, it was official pol- During that April 21 call, President
So we should talk for a few minutes icy of the United States, the European Trump never even uttered the word
about the investigations that Rudy community, and others, in order to ‘‘corruption,’’ but the official White
Giuliani and his henchmen were pro- fight corruption in Ukraine, to ask House call recap falsely stated that the
moting on behalf of the President. that Shokin and Lutsenko be removed. two Presidents had discussed Ukraine’s
Let’s focus first on the allegation So the Vice President, Vice President anti-corruption efforts.
that Ukraine, not Russia, interfered in Biden, in fulfilling U.S. policy, pres- Shortly after the phone call, Jennifer
our last Presidential election. In Feb- sured Ukraine to remove Shokin—not Williams, adviser to Vice President
ruary 2017, shortly after the intel- to secure some personal benefit but to PENCE, learned that President Trump
ligence community—the CIA, the FBI, advance the official policy of the asked Vice President PENCE to attend
all the intelligence agencies of the United States and its allies. Even Zelensky’s inauguration.
United States—unanimously assessed Lutsenko, who initially seeded the al- Williams and her colleagues began
that Russia interfered in the election legations against Mr. Biden in Amer- planning Pence’s trip to Kyiv. At the
to help Donald Trump, this alternative ican media, later admitted that the al- same time, Giuliani was trying to get
theory gained some attention when legations against the Vice President Ukraine to investigate the Bidens and
Russian President Putin promoted it at were false. And Rudy Giuliani told alleged 2016 election interference. On
a press conference. Kurt Volker, the Special Representa- April 24, Giuliani went on ‘‘FOX &
‘‘Second,’’ he said—I am quoting Friends’’ and had this to say:
tive for Ukrainian Negotiations, who
from him. It is in the Russian on these (Text of Videotape presentation:)
had a prominent role in the scheme,
slides, I think. Keep your eye on Ukraine, because in
that he also knew the attacks on Joe
Second, as we all know, during the presi- Ukraine a lot of dirty work was done. I’m
dential campaign in the United States, the
Biden were a lie.
With Ambassador Yovanovitch out of digging up the information. American offi-
Ukrainian government adopted a unilateral cials were used. Ukrainian officials were
position in favor of one candidate. the way, the first chapter of the
used. That is like collusion with the Ukrain-
More than that, certain oligarchs, cer- Ukraine scheme was complete. Mr. ians and—or actually, in this case, con-
tainly with the approval of the political Giuliani and his agents could now spiracy with the Ukrainians. I think you’d
leadership funded this candidate, or female apply direct pressure to the Ukrainian get some interesting information about Joe
candidate, to be more precise. Government to spread these two false- Biden from Ukraine. About his son, Hunter
That is President Putin talking, hoods. Biden. About a company he was on the board
shifting the blame to Ukraine. Who benefited from this scheme? of for years, which may be one of the most
Dr. Fiona Hill best explained how the Who sent Mr. Giuliani to Ukraine in crooked companies in Ukraine.
Ukraine narrative is a fictional nar- the first place? Of course we could re- Ms. Manager GARCIA of Texas. For
rative being propagated by the Russian phrase that question as the former Re- this campaign to be truly beneficial to
security services. publican leader of the Senate, Howard his boss President Trump, Giuliani
(Text of Videotape presentation:) Baker, asked it in 1973: What did the needed access to the new government
Ms. HILL. Based on questions and state- President know, and when he did he in Ukraine. He dispatched his associ-
ments I have heard, some of you on this com- know it? ates Lev Parnas and Igor Fruman to
mittee appear to believe that Russia and its
Ms. Manager GARCIA of Texas. Mr. try to make inroads with Zelensky’s
security services did not conduct a campaign
against our country and that perhaps, some- Chief Justice, Senators, President’s team.
how for some reason, Ukraine did. This is a counsel: President Trump and Presi- On April 25, former Vice President
fictional narrative being perpetrated and dent Zelensky’s relationship started Biden publicly announced his bid for
propagated by the Russian security services out well. President Trump wanted the Presidency, and immediately he was at
SSpencer on DSKBBXCHB2PROD with SENATE

themselves. two investigations from Zelensky, and the top of the polls.
The unfortunate truth is that Russia was he had no reason to believe he would That same day, David Holmes, an
the foreign power that systematically at- not get what he wanted. American diplomat at our Embassy in
tacked our democratic institutions in 2016.
On April 21, 2019, Volodymyr Ukraine, learned that Giuliani had
This is the public conclusion of our intel-
ligence agencies confirmed in bipartisan and Zelensky, who was new to politics, won reached out to the head of President
congressional reports. It is beyond dispute, a landslide victory in Ukraine’s Presi- Zelensky’s campaign. As Mr. Holmes
even if some of the underlying details must dential election. That evening, Presi- explained, the new Ukrainian Govern-
remain classified. dent Trump called Zelensky to con- ment began to think that Giuliani

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S460 CONGRESSIONAL RECORD — SENATE January 22, 2020
‘‘was a significant person in terms of intended to travel to Ukraine and had guration date had not yet been sched-
managing their relationship with the called to warn Giuliani that Prosecutor uled at the time of that phone call. So
United States.’’ General Lutsenko ‘‘is not credible. the reason for President Trump’s deci-
As Giuliani and his associates Don’t listen to what he is saying.’’ sion was certainly not due to a sched-
worked behind the scenes to get access Later that day, Giuliani had a 17- uling conflict.
to the new leadership in Ukraine, minute call with a masked White Secretary of Energy Rick Perry ulti-
President Trump was publicly sig- House number before speaking again mately led the delegation to the inau-
naling his interest in the investiga- with Parnas for 12 minutes. gural. Accompanying Secretary Perry
tions. On May 2, the President ap- That same day, on May 10, Politico were Ambassador to the European
peared on FOX News. When asked, asked President Trump about Union, Gordon Sondland; Ambassador
‘‘Should the former vice president ex- Giuliani’s upcoming trip, and he re- Volker; NSC Director for Ukraine, LTC
plain himself on his feeling in Ukraine plied, ‘‘I have not spoken to him at any Alexander Vindman; and Senator RON
and whether there was a conflict . . . great length, but I will. . . . I will JOHNSON also attended many of the in-
with his son’s business interests?’’ speak to him about it before he augural events with the delegation.
President Trump replied as follows: leaves.’’ But that evening, on FOX When asked if this delegation was a
(Text of Videotape presentation:) News, Giuliani announced: ‘‘I’m not good group, Holmes replied that it
I’m hearing it’s a major scandal, major
going to go’’ to Ukraine ‘‘because I ‘‘was not as senior a delegation as we
problem. Very bad things happened, and think I’m walking into a group of peo- might have expected.’’
we’ll see what that is. They even have him ple that are enemies of the President.’’ After the inauguration, Ambassadors
on tape, talking about it. They have Joe Separately, in a text message to ‘‘Po- Volker and Sondland left Kyiv with a
Biden on tape talking about the prosecutor. litico,’’ Giuliani alleged that the origi- very favorable impression of President
And I’ve seen that tape. A lot of people are nal offer for a meeting with Zelensky Zelensky. Ambassador Volker said
talking about that tape, but that’s up to was a ‘‘set-up.’’ He said it was a set-up
them. They have to solve that problem.
they believed it was important that
orchestrated by ‘‘several vocal critics’’ President Trump personally engage
Ms. Manager GARCIA of Texas. The of President Trump who were advising with the President of Ukraine in order
tape President Trump referenced is a Zelensky. Giuliani declared that to demonstrate full U.S. support for
video from January 2018 in which Vice ‘‘Zelensky is in [the] hands of avowed him.
President Biden explained that he enemies of President Trump.’’ When the inauguration team re-
placed an ultimatum to the Ukrainian But Giuliani had not stopped trying. turned to the United States, they had a
President to remove the corrupt pros- He had Parnas send a letter to meeting with President Trump on May
ecutor general to ensure that taxpayer Zelensky’s senior aide on May 11 ask- 23. The May 23 meeting with President
money would be used appropriately. ing for a meeting. That letter made it Trump proved to be important for two
The Vice President’s actions were con- clear that Giuliani was representing good reasons. First, with Ambassador
sistent with official U.S. policy as well President Trump as ‘‘a private citizen’’ Yovanovitch out of the way, President
as the opinions of the international and that he was working with Presi- Trump authorized Ambassador
community. dent Trump’s ‘‘knowledge and con- Sondland, Secretary Perry, and Ambas-
On May 9, the New York Times pub- sent.’’ sador Volker to lead engagement with
lished an article about Giuliani’s plan The letter is on the slide. It reads: the new administration in Ukraine;
to visit Ukraine. In the article, In my capacity as personal counsel to and two, President Trump instructed
Giuliani confirmed that he planned to President Trump and with his knowledge and
consent, I request a meeting with you on this
them to satisfy Giuliani’s concerns in
meet with Zelensky. At that meeting, order to move forward on Ukraine mat-
he wanted to press the Ukrainian Gov- upcoming Monday, May 13, or Tuesday, May
14. I will need no more than a half-hour of ters.
ernment to pursue the investigations These officials were all political ap-
your time and I will be accompanied by my
that President Trump promoted only colleague Victoria Toensing, a distinguished pointees, and Ambassador Sondland
days earlier. Giuliani said: ‘‘We’re not American attorney who is very familiar with had donated $1 million to the Presi-
meddling in an election, we are med- the matter. dent’s inauguration. The President saw
dling in an investigation, which we But it did not appear that Giuliani these three political appointees as offi-
have a right to do.’’ and Parnas’s attempts to get the meet- cials who would fulfill his requests.
Giuliani even went so far as to ac- ing were working. That same day, Ambassador Volker testified that he,
knowledge that his actions could ben- Giuliani sent a text message to Parnas Ambassador Sondland, Secretary
efit President Trump personally. He asking, ‘‘This guy is canceling meet- Perry, and Senator JOHNSON took turns
said: ‘‘[T]his isn’t foreign policy—I’m ing, I think?’’ Approximately 3 hours making their case that this is a new
asking them to do an investigation later, Giuliani sent Parnas drafts of a crowd. It is a new President in
that they’re doing already and that public statement that ‘‘people advising Ukraine. He is committed to doing the
other people are telling them to stop. the PRES ELECT are no friends of the right things, including fighting corrup-
And I am going to give them reasons President.’’ tion. They recommended that Presi-
why they shouldn’t stop it because that Three days later, President Trump dent Trump follow through on his invi-
information will be very, very helpful instructed Vice President PENCE not to tation for President Zelensky to meet
to my client, and may turn out to be attend the inauguration in Ukraine— with him in the Oval Office, but Presi-
helpful to my government.’’ just 3 days later. Vice Presidential dent Trump did not receive the rec-
That is it right there—Giuliani ad- staffer Jennifer Williams received a ommendation well.
mitting he was asking Ukraine to work surprising call from PENCE’s Chief of At his public hearing, Ambassador
an investigation that would be ‘‘very, Staff. She described it during her pub- Volker described the May 23 Oval Of-
very helpful’’ to the President. He was lic testimony. fice meeting with President Trump.
not doing foreign policy. He was not (Text of Videotape presentation:) Let’s listen.
doing this on behalf of the government. On May 13th, an assistant to the Vice (Text of Videotape presentation:)
He was doing this for the personal in- President’s chief of staff called and informed Ambassador VOLKER. We stressed our
terests of his client, Donald J. Trump. me that President Trump had decided that finding that President Zelensky represented
The next morning, on May 10, amid the Vice President would not attend the in- the best chance for getting Ukraine out of
coverage of his planned trip to auguration in Ukraine. She did not provide the mire of corruption it had been in for over
any further explanation. I relayed that in-
SSpencer on DSKBBXCHB2PROD with SENATE

Ukraine, Giuliani tweeted further 20 years. We urged him [President Trump] to


struction to others involved in planning the invite President Zelensky to the White
about Biden and then had a flurry of potential trip. I also informed the NSC that
calls with Parnas, who was helping in House. The President was very skeptical.
the Vice President would not be attending, Given Ukraine’s history of corruption, that’s
planning his trip to Ukraine. so that it could identify a head of delegation understandable. He said that Ukraine was a
That same day, Giuliani also spoke to represent the United States at President- corrupt country, full of terrible people. He
with Ambassador Volker on the phone elect Zelensky’s inauguration. said, ‘‘They tried to take me down.’’ In the
for more than 30 minutes. Ambassador Ms. Manager GARCIA of Texas. Nota- course of that conversation, he referenced
Volker had learned that Giuliani had bly, Williams confirmed that the inau- conversations with Mayor Giuliani. It was

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S461
clear to me that despite the positive news ably come back to haunt us. And, in fact, I tic, our 68,000 troops stationed through-
and recommendations being conveyed by this think that that’s where we are today. out Europe were doing what they do
official delegation about the new President, Ms. Manager GARCIA of Texas. Ac- every day—training and preparing to
President Trump had a deeply rooted nega- cording to Dr. Hill’s description, support our allies and defend against
tive view on Ukraine rooted in the past. He
was receiving other information from other
Bolton said that Giuliani’s influence Russia.
sources, including Mayor Giuliani, that was could be an obstacle to increased White The professionalism and sacrifice of
more negative, causing him to retain this House engagement with Ukraine. He our men and women in uniform is a
negative view. instructed his staff not to meet with source of great strength, but America
Ms. Manager GARCIA of Texas. Wit- Giuliani. is also strong and America is also se-
nesses said the reference to ‘‘taking me In June, Volker and Sondland re- cure because we have friends. On July
down’’ was to unfounded allegations layed to Ambassador Taylor that 25, 2019, one of those friends was a man
that Ukraine had interfered in the 2016 President Trump wanted to hear from named Oleksandr Markiv. In a story
election. This was what President Zelensky before scheduling the meet- told by Sabra Ayers of the Los Angeles
Trump considered to be corruption in ing in the Oval Office. Ambassador Times, Oleksandr was a soldier in the
Ukraine. Taylor testified that he did not under- Ukrainian Army defending his country
The President’s words echoed stand at the time what that meant. and Europe against Russian-backed
Giuliani’s public statements about Around this time, the President pub- forces on Ukraine’s eastern front. He
Ukraine in early May. Rather than licly expressed that he thought it was in a trench. He was 38 years old.
committing to an Oval Office meeting would be OK to accept foreign inter- Oleksandr would later die defending his
with the Ukrainian leader, President ference to assist his campaign if it was country during a mortar attack on his
Trump directed the delegation to talk in the form of opposition research on fighting position, giving his life, just
to Giuliani. Here is how Ambassador his opponent. Let’s listen to that like over 13,000 of his fellow Ukrain-
Sondland described that instruction shocking interview. ians, on the frontlines of the fight for
from the President. (Text of Videotape presentation:) liberty in Europe.
(Text of Videotape presentation:) STEPHANOPOULOS. Your campaign this That same Los Angeles Times article
time around, if foreigners, if Russia, if painted a picture of what the Ukrain-
Ambassador SONDLAND. If we wanted to
China, if someone else offers you informa- ians were going through during this
get anything done with Ukraine, it was ap-
tion on opponents, should they accept it or time.
parent to us we needed to talk to Rudy.
should they call the FBI?
GOLDMAN. Right. You understood that
PRESIDENT TRUMP. I think maybe you
Tens of thousands of Ukrainians, like
Giuliani spoke for the President, correct? Markiv, volunteered to help fight the
do both. I think you might want to listen,
Ambassador SONDLAND. That’s correct. Russian-backed separatists in the east.
there’s nothing wrong with listening. If
Ms. Manager GARCIA of Texas. Am- somebody called from a country, Norway, Many of them were sent to the front
bassador Sondland saw the writing on ‘‘we have information on your opponent.’’ line wearing sneakers and without flak
the wall. Sondland concluded that if we Oh, I think I’d want to hear it. jackets and helmets, let alone rifles
did not talk to Rudy, nothing would STEPHANOPOULOS. You want that kind and ammunition. Ukrainians across
move forward on Ukraine. of interference in our elections?
PRESIDENT TRUMP. It’s not an inter-
the country organized in an unprece-
The three amigos, as they called dented united civil movement not seen
ference, they have information. I think I’d
themselves, did as the President or- take it. since World War II to raise money to
dered and began talking to Giuliani. supply their ragtag military with ev-
Ms. Manager GARCIA of Texas.
Dr. Hill testified Volker, Sondland, and erything from soldiers’ boots to bul-
Shocking video. Meanwhile, Giuliani
Perry ‘‘gave us every impression that lets.
continued to press Ukraine to do the
they were meeting with Rudy Giuliani And while our friends were at war
President’s political dirty work. On
at this point, and Rudy Giuliani was with Russia wearing sneakers, some
June 21, for instance, Giuliani tweeted
also saying on the television, and in- without helmets, something else was
the following:
deed had said subsequently, that he happening. On July 25, President
New Pres of Ukraine still silent on inves-
was closely coordinating with the Trump made a phone call. He spoke
tigation of Ukrainian interference in 2016
State Department.’’ election and alleged Biden bribery of Pres with Ukrainian President Zelensky and
Like Dr. Hill, Ambassador Bolton Poroshenko. Time for leadership and inves- asked for a favor. On that same day,
closely tracked Giuliani’s Ukraine-re- tigate both if you want to purge how just hours after his call, his adminis-
lated activities. Hill testified about a Ukraine was abused by Hillary and Obama tration was quietly placing an illegal
conversation she had with Bolton in people. hold on critical military aid to support
May of 2019. That conversation was re- The quid pro quo scheme was taking our friends.
vealing, so let’s listen. shape. Giuliani was publicly advo- So why should any American care
(Text of Videotape presentation:) cating for Ukraine to conduct politi- about what is happening in Ukraine?
Dr. HILL. . . . And I had already brought cally motivated investigations while Timothy Morrison, former senior direc-
to Ambassador Bolton’s attention the at- President Trump refused to schedule tor for Europe and Russia at the NSC
tacks, the smear campaign against Ambas- an Oval Office meeting for Ukraine’s put it bluntly:
sador Yovanovitch and expressed great re- (Text of Videotape presentation:)
new President. As Ambassador
gret about how this was unfolding and, in
fact, the shameful way in which Ambassador Sondland testified, the scheme to pres- Timothy MORRISON. I continue to believe
sure Ukraine to conduct these inves- Ukraine is on the front lines of a strategic
Yovanovitch was being smeared and at-
tigations would only get more insid- competition between the West and Vladimir
tacked.
And I had asked him if there was anything ious with time. Putin’s revanchist Russia. Russia is a failing
we could do about it, and Ambassador Bolton power, but it is still a dangerous one. The
Mr. Manager CROW. Mr. Chief Jus-
had looked pained, basically indicated with United States aids Ukraine and her people so
tice, the majority leader expressed a that they can fight Russia over there, and we
body language that there was nothing much preference for a break about 2 hours in.
we could do about it. And he then in the don’t have to fight Russia here. Support for
So it is the House managers’ request Ukraine’s territorial integrity and sov-
course of that discussion said that Rudy
Giuliani was a hand grenade that was going that I present, and then we take the ereignty has been a bipartisan objective
to blow everyone up. break, if that is acceptable for every- since Russia’s military invasion in 2014. It
GOLDMAN. Did you understand what he body. must continue to be.
meant by that? The CHIEF JUSTICE. Any objection? Mr. Manager CROW. We help our
SSpencer on DSKBBXCHB2PROD with SENATE

Dr. HILL. I did, actually. Move forward. partner fight Russia over there so we
GOLDMAN. What did he mean? Mr. Manager CROW. Mr. Chief Jus- don’t have to fight Russia here—our
Dr. HILL. Well, I think he meant that ob- tice, Members of the Senate, counsel friends on the frontlines, in trenches,
viously what Mr. Giuliani was saying was
for the President, and the American and with sneakers.
pretty explosive, in any case. He was fre-
quently on television making quite incen- people, where were you on July 25, Following Russia’s invasion of
diary remarks about everyone involved in 2019? It was a Thursday. Members of Ukraine in 2014, the United States has
this and that he was clearly pushing forward the U.S. Senate were here in this stood by Ukraine. Our diplomats and
issues and ideas that would, you know, prob- Chamber. On July 25, across the Atlan- military commanders have long said

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S462 CONGRESSIONAL RECORD — SENATE January 22, 2020
that supporting Ukraine makes us These weapons and this assistance allows Defense, along with the State Depart-
safer. But you don’t need me to tell the Ukrainian military to deter further in- ment, had already certified to Congress
you that; you all know it very well. cursions by the Russians against their own— that Ukraine had implemented suffi-
against Ukrainian territory. If that further
When the funding for the security as- incursion, further aggression, were to take
cient anti-corruption reforms to get
sistance came up for a vote under this place, more Ukrainians would die. So it is a the funds, and the Defense Department
roof, 87 of you voted for the aid. deterrent effect that these weapons provide. had already notified Congress of its in-
Many of you have been staunch advo- It’s also the ability—it gives the Ukrain- tent to deliver the assistance.
cates for Ukraine, working in a non- ians the ability to negotiate from a position So let’s recap all of this. Congress
partisan way to support our friends. of a little more strength when they nego- had already funded it. Our own govern-
That support makes a lot of sense be- tiate an end to the war in Donbas, negoti- ment had already certified that it met
cause politics should not play a part in ating with the Russians. This also is a way
that would reduce the number of Ukrainians
all of the standards that it met every
ensuring that Ukraine can battle Rus- who would die. other year, and Congress had already
sian aggression and ensure that free- been notified, just like every other
dom wins in Europe. This body has, in Mr. Manager CROW. I would like to
make a finer point of how this type of year.
so many ways, set that example. In a series of meetings of the Na-
Protecting Europe from Russia is not aid helps because I know something
about counter-battery radar. tional Security Agency, everyone ex-
a political game. Let me provide some cept the OMB supported the provision
In 2005, I was an Army Ranger serv-
background. In early 2014, in what be- of the assistance. OMB, as we know, is
ing in a special operations task force in
came known as the Revolution of Dig- headed by Mick Mulvaney, the Presi-
Afghanistan. We were at a remote oper-
nity, Ukrainian citizens demanded dent’s Chief of Staff.
ating base along the Afghan-Pakistan
democratic reforms and an end to cor- Ukraine experts at DOD, the State
border. Frequently, the insurgence
ruption, ousting the pro-Russian Presi- Department, and the White House em-
that we were fighting would launch
dent. Within days, Russian military phasized that it was in the national se-
rockets and missiles onto our small
forces and their proxies invaded curity interest of the United States to
base. But, luckily, we were provided
Ukraine, annexing Crimea and occu- continue to support Ukraine in its
with counter-battery radar. So 20, 30, 40
pying portions of eastern Ukraine. fight. But it wasn’t just the national
Since 2014, more than 13,000 Ukrain- seconds before those rockets and mor-
tars rained down on us, an alarm would security concern, because many people
ians have been killed because of the thought that the hold was just outright
conflict and over 1.4 million have been sound. We would run out from our
tents and jump into our concrete bunk- illegal. And they were right. It was.
forced from their homes. The President’s hold did violate the
Russia’s invasion of Ukraine is the ers and wait for the attack to end. This
is not a theoretical exercise, and the law, because just last week, Congress’s
first attempt to redraw Europe’s border independent, nonpartisan watchdog,
since World War II. Ukrainians know it, for Ukraine aid
from the United States actually con- the Government Accountability Office,
In 2017, then-Secretary of Defense released an opinion finding that the
James Mattis summed it up well. He stitutes about 10 percent of their mili-
tary budget. It is safe to say that they hold was illegal.
said: ‘‘Despite Russia’s denials, we President Trump held the military
know they are seeking to redraw inter- can’t fight effectively without it.
So there is no doubt. U.S. military aid money for so long that the adminis-
national borders by force, undermining tration ran out of time to spend the
the sovereign and free nations of Eu- assistance in Ukraine makes a real dif-
ference in the fight against Russia. money. Ultimately, even after the
rope.’’ President lifted the hold on September
And as Ambassador Taylor put it, In 2019, Congress provided $391 mil-
lion in security assistance. This in- 11—again, with no clear explanation
Russian aggression in Ukraine ‘‘dis- why—we, the Congress, had to pass an-
missed all the principles that have cluded $250 million through the Depart-
ment of Defense’s Ukraine Security As- other law to extend the deadline, de-
kept the peace and contributed to pros- laying the delivery of the aid.
perity in Europe since World War II.’’ sistance Initiative, USAI, and $141 mil-
lion through the State Department’s In the same L.A. Times article that
It is clear that Russia is not just a
Foreign Military Financing Program, told the story about our friend Mr.
threat in Europe but for democracy
FMF. Markiv, a Ukrainian defense spokes-
and freedom around the world. Our
President Trump signed the bill to person said that even though the hold
friends and allies have also responded,
authorize this aid in August 2018 and had been lifted—this was in Sep-
imposing sanctions on Russia and pro-
signed another bill to fund it the fol- tember—it ‘‘has not reached us yet.’’
viding billions of dollars in economic,
lowing month. The aid was underway. That spokesperson went on to say: ‘‘It
humanitarian, and security assistance
The train was leaving the station and is not just money from the bank. It is
to Ukraine. This has been an inter-
following the same track it had fol- arms, equipment and hardware.’’
national effort. And to this day, millions of dollars
Today, the European Union is the lowed every single year. But all of this
was about to change. still haven’t been spent.
single largest contributor of foreign as-
In July of 2019, President Trump or- Although our government neither in-
sistance to Ukraine, having provided
dered the Office of Management and formed Ukraine of the hold nor pub-
roughly $12 billion in grants and loans
Budget, OMB, to put a hold on all of licly announced it, Ukraine quickly
since 2014. The United States has pro-
the aid. The President personally made learned about it.
vided over $3 billion in assistance in On July 25, the same day as President
that time, because we all know that we this decision even after his own ap-
pointed advisers warned him that it Trump’s call with President Zelensky,
can’t separate our own security from officials at Ukraine’s Embassy here in
the security of our friends and allies. wasn’t in our country’s interest to
withhold the aid—after overwhelming Washington emailed DOD to ask about
That is why the United States has pro- the status of the funding. By mid-Au-
vided economic security and humani- support in this Senate—and against
longstanding policy, even in his own gust, officials at DOD, the State De-
tarian assistance in the form of equip- partment, and the NSC received nu-
ment and training. administration.
But what is most interesting to me merous questions from Ukrainian offi-
Ambassador Taylor testified that
about this is that he was only inter- cials about the hold. Everyone was
American aid is a concrete demonstra-
ested in the Ukraine aid, nobody else. worried. It is not just because of the
tion of our ‘‘commitment to resist ag-
The United States provides aid to doz- urgent need for the equipment on the
gression and defend freedom.’’ He also
SSpencer on DSKBBXCHB2PROD with SENATE

ens of countries around the world, lots frontlines but also because of the mes-
detailed the many benefits of our as-
of partners and allies. He didn’t ask sage that it sent. You see, President
sistance for Ukraine’s forces.
(Text of Videotape presentation:) about any of them—just Ukraine. Zelensky had just been sworn in. They
Ambassador TAYLOR. Mr. Chairman, the The most important question here is were very vulnerable. And, as we all
security assistance that we provide takes why would he do that? What was his know, Vladimir Putin looks for vulner-
many forms. One of the components of that motivation? Well, we now know why. ability. He looks for hesitation. He
assistance is counter-battery radar. Another This hold shocked people across our looks for delay. And any public sign of
component are sniper weapons. own government. The Department of a hold on that aid could be a sign of

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S463
weakness that could show him it was Blair, who works for Mick Mulvaney, added: ‘‘Expect Congress to become un-
time to pounce. called OMB Acting Director Russell hinged.’’ I suppose he said that for all
President Trump’s hold on Ukraine Vought to tell him: ‘‘We need to hold it the reasons we have talked about ear-
assistance was eventually publicly re- up.’’ The ‘‘it’’ was the assistance. lier, because this Chamber and our
ported on August 28. As we will ex- That same day, June 19, President Chamber on the other side of the Cap-
plain, Ukraine fully understood that Trump gave an interview on FOX News itol resoundingly supports it.
the hold was connected to the inves- where he raised the so-called And that was just the Defense De-
tigations that President Trump want- CrowdStrike conspiracy theory that partment assistance to Ukraine. For
ed. Ukraine, not Russia, had interfered in 2019, Congress also appropriated $141
On February 28, DOD notified Con- the 2016 election, a line he would echo million to Ukraine through the State
gress that it intended to deliver $125 during his July 25 call with President Department. Unlike the Defense De-
million of assistance appropriated in Zelensky. This theory, by the way, has partment funding, which was approved
September, including ‘‘more than $50 been advanced by Russian propaganda by Congress and ready to be spent,
million of assistance to deliver to try to take attention away from OMB blocked the State Department
counter-artillery radars and defense le- Russian interference and shift it onto from even seeking Congress’s approval
thal assistance.’’ Congress cleared the Ukraine. It is a theory that has been to release the funds.
notification, which enabled DOD to universally debunked by U.S. intel- I am going to pause here to, once
begin spending the funds. ligence and law enforcement. again, stress that we have learned a lot
For Ukraine to receive the remaining Nonetheless, the President, spurred about the circumstances around the
$125 million, Congress required that the by the June 18 press release and with initial hold only from the public re-
Secretary of Defense, in coordination the false theory about the Ukraine in- lease of and reporting about these
with the Secretary of State, certify terference, supposedly, in the 2016 elec- emails in the past few weeks. The
that the Government of Ukraine had tion, started asking about the Ukraine White House has refused to provide
taken substantial anti-corruption re- assistance. On June 19, OMB Associate these emails in response to a subpoena.
forms. Director for National Security Michael Mick Mulvaney and Rob Blair refused
Deputy Assistant Secretary of De- Duffey emailed Elaine McCusker, the to comply with the subpoena to testify.
fense Laura Cooper and senior officials DOD comptroller. He said the Presi- These emails are just a few of the
across our government conducted a re- dent had questions about the press re- many thousands that likely exist on
view to evaluate whether Ukraine had port and that he was seeking addi- this topic but which have been con-
met the required benchmarks. tional information. This was a ref- cealed from Congress and the American
Ms. Cooper explained that the review erence to an article in the Washington people because of ongoing obstruction.
involved ‘‘pulling in all the views of Examiner, shown here on the slide in In fact, last night, as we were here late
the key experts on Ukraine defense, front of you. into the night, sometime around mid-
The White House withheld this email
and coming up with a consensus view,’’ night, a new tranche of documents
from the House, of course. We first
which was then run ‘‘up the chain in were released under a Freedom of In-
learned of it from Duffey’s deputy,
the Defense Department, to ensure we formation Act request by an inde-
Mark Sandy, who testified that he was
have approval.’’ pendent watchdog that had been asking
copied on it. Subsequently, as a result
By May 23, the anti-corruption re- for them—they were released last
of a lawsuit under the Freedom of In-
view was complete, and DOD certified night—between Mr. Duffey and Elaine
formation Act, the public and, there-
to Congress that Ukraine had complied McCusker, and others, on the things
fore, Congress received a copy of that
with all of the conditions and that the that I am talking about right now. Un-
email, but the White House still refuses
remaining half of the aid should be re- fortunately, as you can see, there isn’t
to comply with the subpoenas for this
leased. But, again, you don’t have to a lot to read here because it is all
and other documents.
take my word for it. On May 23, in a On June 20, McCusker responded to blacked out. So, if the President’s law-
letter to Congress, one of President President Trump’s inquiry by pro- yers contest any of the facts that I am
Trump’s senior political appointees, viding Sandy information on the secu- talking about, you should demand to
the Under Secretary of Defense for Pol- rity assistance program. Sandy shared see the full record. The American peo-
icy, wrote: ‘‘On behalf of the Secretary the information with Duffey, but he did ple deserve to see the full truth when it
of Defense, and in coordination with not know whether Duffey shared the comes to Presidential actions.
the Secretary of State, I have certified information with the White House. Back to the timeline, from July to
that the Government of Ukraine has Laura Cooper also recalled receiving an September of 2019, the President and
taken substantial actions to make de- email inquiry about Ukraine’s security his advisers at the White House and
fense institutional reforms for the pur- assistance ‘‘a few days’’ after DOD’s OMB implemented the hold on Ukraine
poses of decreasing corruption, increas- June 18 press release. She noted that it assistance through an unusual and un-
ing accountability, and sustaining im- was ‘‘relatively unusual’’ to receive lawful process. First, on July 3, the
provements of combat capability en- questions from the President. In re- State Department notified DOD and
abled by U.S. assistance.’’ sponse, DOD provided materials ex- NSC staff that OMB was blocking its
Congress then cleared the funding, plaining that the $250 million funding notification to Congress. According to
which should have allowed Ukraine to package was for additional training, Jennifer Williams, Vice President
receive the aid. But we know that is equipment, and advisory efforts to PENCE’s aide, the hold on this assist-
not what happened. build the capacity of Ukraine’s Armed ance ‘‘came out of the blue’’ because it
On June 18, as DOD was preparing to Forces. DOD emphasized that ‘‘almost had not been previously discussed by
send the aid, they issued a press re- all of the dozens of vendors are U.S. OMB or NSC.
lease—as they normally do—announc- companies,’’ meaning that this funding Around July 12, President Trump di-
ing that it would provide $250 million also benefited U.S. businesses and rected that a hold be placed on the
in security assistance to Ukraine ‘‘for workers. DOD security assistance as well. That
additional training, equipment, and ad- Nonetheless, President Trump put day, Mr. Blair sent an email to Duffey
visory efforts to build the capacity of the wheels in motion to freeze the at OMB informing him ‘‘that the Presi-
Ukraine’s armed forces.’’ This included funds shortly after learning about dent is directing a hold on military
sniper rifles, rocket-propelled gre- DOD’s plan to release the funds. Ac- support funding for Ukraine.’’
SSpencer on DSKBBXCHB2PROD with SENATE

nades, counter-artillery radars, com- cording to a New York Times article on Around July 15, Tim Morrison
mand and control, electronic warfare, June 27, Chief of Staff Mulvaney learned from Deputy National Security
secure communications, vehicles, night emailed Blair: Advisor Charles Kupperman ‘‘that it
vision, and medical equipment. How- I am just trying to tie up some loose ends. was the President’s direction to hold
ever, according to the New York Did we ever find out about the money from the assistance.’’ Several days later,
Times, 1 day after the Defense Depart- Ukraine and whether we can hold it back? Duffey and Blair again exchanged
ment issued this press release—1 day— Blair reportedly responded that it emails about Ukraine’s security assist-
Assistant to the President Robert would be possible but not pretty. He ance, and Sandy testified that, in these

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S464 CONGRESSIONAL RECORD — SENATE January 22, 2020
emails, Duffey asked Blair about the The CHIEF JUSTICE. So break at Sandy had raised questions about the
reason for the hold. Blair provided no 6:30? legality of the President’s hold. Duffey
explanation. Instead, he said: ‘‘We need Mr. MCCONNELL. Yes. What I was also revoked the authority for approv-
to let the hold take place’’ and then going to suggest is a break for dinner ing the release of the State Depart-
‘‘revisit’’ the issue with the President. at 6:30 for about 30 minutes, if that ment funding from Sandy’s colleague
Between July 18 and July 31, the NSC works. at OMB. In short, Duffey assumed ap-
staff convened several interagency The CHIEF JUSTICE. That is a good proval authority for all $391 million of
meetings at which the hold on security idea. the assistance.
assistance was discussed. Remember Mr. Manager CROW. So we know Over the next several weeks, with
those dates: July 18 to July 31. Accord- there was a hold, but there was no law- Duffey in charge, OMB continued to
ing to Mark Sandy and other wit- ful way to implement that hold. So the issue funding documents that kept
nesses, several facts emerged. First, OMB had to use creative methods. kicking the can down the road, sup-
the agencies learned that the President There is a process for making sure that posedly to allow for an interagency
himself had directed the hold through U.S. aid money makes it to the right process—and, remember, an inter-
OMB. Second, no justification or expla- place, to the right people—a process agency process that had already
nation was provided for the hold, de- that had been followed every year since wrapped up back in July—while insert-
spite repeated questions. Third, except the Congress approved security assist- ing the whole time footnotes through-
for OMB, all agencies were supporting ance to Ukraine. The administration out the apportionment documents stat-
military aid because it was in the na- needed to find a creative way of getting ing that the delay wouldn’t affect the
tional security interests of the United around that process. Later in the program. Yet concerns continued to be
States. And fourth, many were con- evening of July 25, the OMB found that relayed within DOD that it had.
cerned that the hold was outright ille- way, even though DOD had already no- In total, OMB issued nine of these
gal. tified Congress that the funds would be documents between July 25 and Sep-
Ambassador Taylor learned of the released. tember 10. Even as OMB was imple-
hold on July 18. He said the ‘‘directive Here is how it worked. First, OMB menting the President’s hold, officials
had come from the President to the issued guidance asserting that there inside OMB advocated for the release of
Chief of Staff to OMB’’ and that he was an ongoing review of assistance, the funds. On August 7, OMB staff sent
‘‘sat in astonishment’’ because ‘‘one of even though none of the witnesses who a memo to Director Vought recom-
the key pillars of our strong support testified were aware of any review of mending removing the hold because the
for Ukraine was threatened.’’ assistance. Second, OMB also at- assistance was consistent with the na-
David Holmes, a diplomat at the U.S. tempted to hide the hold in a series of tional security strategy in terms of,
Embassy in Kyiv, testified that he was technical footnotes in funding docu- one, supporting a stable, peaceful Eu-
shocked by the hold. Although there ments. And third, OMB’s leadership rope; two, the fact that the aid coun-
was initially some question as to also transferred responsibility for ap- tered Russian aggression; and, three,
whether the hold applied to DOD funds, proving funding obligations from ca- that there was bipartisan support for
which was already cleared by Congress, reer civil servant Mark Sandy to a po- the program. This meant that experts
it soon became clear that the hold ap- litical appointee, Mark Duffey, some- at every single relevant agency in-
plied to all $391 million. one with no relevant experience in this volved opposed the hold.
Tim Morrison testified that DOD offi- By mid-August, DOD raised concerns
funding.
cials raised concerns at a meeting on Based on recent public reporting and that it might not be able to fully spend
July 23 about whether it was ‘‘actually documents DOD released under the the DOD funds before the end of the fis-
legally permissible for the President to Freedom of Information Act, we cal year. Laura Cooper testified that
not allow for the disbursement of the
learned that on July 25, approximately DOD estimated that $100 million of aid
funding.’’ These concerns related to
90 minutes after President Trump’s was at risk of not getting to Ukraine.
possible violations of the Impoundment
phone call with President Zelensky, DOD concluded that it could no longer
Control Act, the law that gives a Presi-
Mr. Duffey put this three-pronged plan support OMB’s claim, in the footnotes,
dent the authority to delay or withhold
into motion when he sent an email to that ‘‘this brief pause in obligations
funds only if Congress is notified of
senior DOD officials, copying Sandy. will not preclude DOD’s timely execu-
those intentions and approves the pro-
The email is in front of you. In this tion of the final policy direction.’’
posed action. Of course, neither of
email, Duffey stated: Based on guid- Sandy testified that this sentence in
those things had been done. The issue
ance I have received and in light of the the footnotes was ‘‘at the heart of that
was escalated quickly, and at a senior-
level meeting on July 26, OMB re- administration’s plan to review assist- issue about ensuring that we don’t run
mained the lone voice for holding the ance to Ukraine, please hold off on any afoul of the Impoundment Control
aid. According to Tim Morrison, OMB additional DOD obligations of these Act.’’
funds, pending direction from that Records produced in response to a
said that President Trump was con-
process. Duffey also underscored: FOIA lawsuit show that Mr. Duffey and
cerned about corruption in Ukraine.
‘‘Given the sensitive nature of the re- Ms. McCusker exchanged emails on Au-
Cooper, from DOD, also attended the
July meeting. She received no further quest, I appreciate your keeping that gust 20, and on that date, OMB modi-
understanding of what was meant by information closely held to those who fied the footnote. These emails are al-
‘‘corruption.’’ There was never a prin- need to know to execute the direc- most entirely redacted; however, all
cipals meeting convened on this issue, tion.’’ In other words, don’t tell any- the subsequent footnotes issued by
but there was a fourth and final inter- body about it. OMB during the pendency of the hold
agency meeting on July 31. Remember Later that day, Sandy approved and removed this sentence regarding DOD’s
that date? A fourth and final one. signed the first July 25 funding docu- ability to fully obligate the funds by
There is a process for making sure ment, which delayed funding until Au- the end of the fiscal year. Nevertheless,
that U.S. aid money makes it to the gust 5. Sandy testified that the purpose OMB continued to implement the hold
right place, to the right people. of this and subsequent footnotes ‘‘was at the President’s direction. We know
Mr. Chief Justice, I do see a lot of to preclude obligation for a limited pe- from emails released last night that as
Members moving and taking a break. riod of time but enable planning and of September 5, OMB was continuing to
Would you like to take a break at this casework to continue.’’ Sandy also tes- instruct DOD to hold the aid. OMB
SSpencer on DSKBBXCHB2PROD with SENATE

time? I have another, probably, 15 min- tified that his use of footnotes was un- gave these emails to a private organi-
utes. usual and that, in his 12 years of OMB zation just because of a FOIA lawsuit.
The CHIEF JUSTICE. I think we can experience he could ‘‘not recall another On September 5, Duffey emailed
continue. event like it.’’ McCusker the following:
Mr. MCCONNELL. Mr. Chief Justice, On July 29, Duffey told Sandy he No movement on Ukraine. Footnote forth-
if I may, what I was going to suggest would no longer be responsible for ap- coming to continue hold through Friday.
was that at 6:30 we take a 30-minute proving the release of DOD Ukraine We know that McCusker responded to
break for dinner, if that would work. funding. This was only weeks after OMB with a lengthy email detailing

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S465
DOD’s serious concerns, but OMB re- to ask me about an OMB hold on the contact.’’ When asked to reflect on
dacted almost the whole thing. Ukraine security assistance.’’ She that visit, here is what Ambassador
As I explained last night, OMB has could not precisely recall the dates of Taylor had to say:
key documents that President Trump these conversations but testified that (Text of Videotape presentation:)
has refused to turn over to Congress— she was ‘‘very surprised at the effec- Mr. MALONEY. Let’s talk about July 26, a
key documents that go to the heart of tiveness of my Ukrainian counter- lot of years later. You go to the front, you go
one of the ways in which the President parts.’’ Everyone was worried. Why to Donbas with Ambassador Volker, I be-
abused his power. would these diplomats quietly make lieve. And you’re on the bridge, and you’re
Concerns about whether the adminis- this inquiry? It is because if it had looking over on the front line at the Russian
tration was bending, if not breaking, soldiers. Is that what you recalled?
gone public, it would show that weak- Ambassador TAYLOR. Yes, sir.
the law contributed to at least two ness against Russia which was so con- Mr. MALONEY. And you said the com-
OMB officials resigning, including an cerning to everybody involved. She mander there, the Ukrainian commander,
attorney in OMB. According to Sandy, said: ‘‘I think that if this were public thanked you for the American military as-
one colleague specifically disagreed in Ukraine, it would be seen as a rever- sistance that you knew was being withheld
with OMB General Counsel about the sal of our policy . . . it would be a real- at that moment.
application of the Impoundment Con- ly big deal in Ukraine, and an expres- Ambassador TAYLOR. That’s correct.
trol Act. As I mentioned earlier, the Mr. MALONEY. How’d that make you feel,
sion of declining U.S. support for sir?
independent and nonpartisan Govern- Ukraine. Ambassador TAYLOR. Badly.
ment Accountability Office has already Meanwhile, Laura Cooper testified Mr. MALONEY. Why?
said that the hold was illegal. But you that DOD heard from the Ukrainian Ambassador TAYLOR. Because it was clear
remember the OMB correspondence ref- Embassy on July 25—the same day as that that commander counted on us. It was
erencing the ‘‘Interagency Process.’’ As President Trump’s call to President clear that that commander had confidence in
we now know, there was no interagency Zelensky. us. It was clear that that commander had
process. It had ended months before. (Text of Videotape presentation:) what—was appreciative of the capabilities
They made it up. They had to make it that he was given by that assistance but also
LAURA COOPER. On July 25th, a member
the reassurance that we were supporting
up because they couldn’t say the real of my staff got a question from a Ukraine
him.
reason for the hold. Embassy contact asking what was going on
Sometime prior to August 6, Ambas- with Ukraine security assistance, because at Mr. Manager CROW. Like me, Am-
sador Bolton had a one-on-one meeting that time, we did not know what the guid- bassador Taylor is a combat veteran.
ance was on USAI. The OMB notice of appor- In fact, he was awarded a Bronze Star.
with President Trump. According to
tionment arrived that day, but this staff Ambassador Taylor knew how vital our
Tim Morrison, at that meeting, the member did not find out about it until later.
President ‘‘was not yet ready to ap- military aid was to those Ukrainian
I was informed that the staff member told
prove the release of the assistance.’’ troops because he knows what it feels
the Ukrainian official that we were moving
Ambassador Bolton instructed Morri- forward on USAI, but recommended that the like to have people counting on you.
son to look for other opportunities to Ukraine Embassy check in with State re- Members of the U.S. Senate, I know
get the President’s Cabinet together garding the FMF.’’ you believe that aid is important, too,
‘‘to have the direct, in-person con- Mr. Manager CROW. ‘‘USAI’’ referred because 87 Members of this body voted
versation with the President about this to the $250 million that OMB blocked to support it. President Trump did not
topic.’’ Everyone was worried, includ- DOD from sending to Ukraine. ‘‘FMF’’ think the aid was important last year.
ing the President’s National Security referred to the $141 million they He ignored you and the direction of
Advisor. blocked from the State Department. Congress. He betrayed the confidence
In mid-August, Lieutenant Colonel On July 25, Cooper’s staff also re- of our Ukrainian partners and U.S. na-
Vindman drafted a Presidential deci- ceived two emails from the State De- tional security when he corruptly with-
sion memorandum for Ambassador partment revealing that the Ukrainian held that aid. He did so because he sim-
Bolton to present to President Trump Embassy was ‘‘asking about security ply wanted to help his own political
for a decision on Ukraine security as- assistance’’ and that ‘‘the Hill knows campaign. Our men and women in uni-
sistance. The memorandum rec- about the FMF . . . situation to an ex- form deserve better. Our friends and al-
ommended that the hold be lifted. Mor- tent, and so does the Ukrainian em- lies deserve better. The American peo-
rison testified that the memorandum bassy.’’ One of Cooper’s staff members ple deserve better.
was never provided to the President be- reported additional contacts with Mrs. Manager DEMINGS. Chief Jus-
cause of other competing issues. Morri- Ukrainian officials about the hold in tice Roberts, Senators, and counsel for
son testified that a meeting with the August. the President, I want to talk to you
President was never arranged in Au- Finally, we know the Ukrainians about the White House meeting that
gust, reportedly because of scheduling knew about the hold because the New President Trump offered to President
problems. York Times published an interview Zelensky during their first phone call
According to recent press reports, on with the former Deputy Foreign Min- in April. But, as you know, that meet-
August 30, Secretary of Defense Esper ister of Ukraine, Olena Zerkal. She ing has not been scheduled. It was
and Secretary of State Pompeo met stated that she and President never scheduled.
with President Trump and implored Zelensky’s office received a cable in Ambassador Sondland testified that
him to release the security assistance late July informing them of the hold. after the May 23 meeting with Presi-
because doing so was in the interest of In short, by the time of POLITICO’s dent Trump, it became clear that
the United States. However, President report on August 28, the Ukrainians President Zelensky would not be in-
Trump continued to ignore everybody. were well aware that the aid was not vited to the Oval Office until he an-
Later that day, Duffey emailed Under the only important official act the nounced the opening of investigations
Secretary of Defense Elaine McCusker White House was withholding from that would benefit President Trump’s
and wrote: ‘‘Clear direction from them. The long-sought White House reelection. During his testimony, Am-
POTUS to hold.’’ visit for President Zelensky was also in bassador Sondland stressed that it was
The Ukrainian Government knew of limbo. a clear quid pro quo. Let’s listen.
President Trump’s hold on security as- As all of this transpired, Ukrainian (Text of Videotape presentation:)
sistance well before it was publicly re- troops were still on the frontlines in Ambassador SONDLAND. I know that
SSpencer on DSKBBXCHB2PROD with SENATE

ported on August 28. This was not sur- eastern Ukraine, facing off against members of this committee frequently frame
prising. U.S. diplomat Catherine Croft Russian-backed forces, dying in defense these complicated issues in the form of a
testified it was ‘‘inevitable that it was of their country. simple question: Was there a quid pro quo?
As I testified previously with regard to the
eventually going to come out.’’ Ambassador Bill Taylor visited those
requested White House call and the White
She said that two individuals from Ukrainian troops on July 26. He re- House meeting, the answer is yes. Mr.
the Ukrainian Embassy here in Wash- called seeing ‘‘the armed and hostile Giuliani conveyed to Secretary Perry, Am-
ington approached her approximately a Russian-led force on the other side of bassador Volker, and others that President
week apart ‘‘quietly and in confidence the damaged bridge across the line of Trump wanted a public statement from

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S466 CONGRESSIONAL RECORD — SENATE January 22, 2020
President Zelensky committing to investiga- meeting on President Zelensky’s will- Office meeting between President
tions of Burisma and the 2016 election. Mr. ingness to announce investigations. In- Trump and President Zelensky. Ambas-
Giuliani expressed those requests directly to deed, Ambassador Volker helped mat- sador Bolton started to respond when
the Ukrainians, and Mr. Giuliani also ex-
ters along. Ambassador Volker testi- Ambassador Sondland interjected and
pressed those requests directly to us. We all
understood that these prerequisites for the fied that at a conference in early July, raised the demands of the investiga-
White House call and the White House meet- he suggested that President Zelensky tion.
ing reflected President Trump’s desires and speak to President Trump on the phone Here is how Lieutenant Colonel
requirements. to discuss the investigations. Vindman recalled the conversation:
Mrs. Manager DEMINGS. Ambas- During his testimony, Ambassador (Text of Videotape presentation:)
sador Sondland also testified that the Volker described that encounter. Mr. VINDMAN. To the best of my recollec-
scheme to pressure Ukraine into ful- Mr. GOLDMAN. Uh-huh. And in the July tion, Ambassador Sondland said that in
2nd or 3rd meeting in Toronto that you had order to get a White House meeting, the
filling the President’s requirements for Ukrainians would have to provide a deliver-
an Oval Office meeting became progres- with President Zelensky, you also mentioned
investigations to him, right? able, which is investigations, specific inves-
sively more specific and problematic— tigations.
Ambassador VOLKER. Yes.
what he described as a ‘‘continuum of Mr. GOLDMAN. And, again, you were re- Mrs. Manager DEMINGS. Ambas-
insidiousness.’’ He explained the evo- ferring to the Burisma and the 2016 election. sador Volker separately confirmed this
lution from generic requests to inves- Ambassador VOLKER. I was thinking of recollection during his testimony.
tigate corruption to calls to pursue Burisma and 2016. (Text of Videotape presentation:)
specific allegations against President Mr. GOLDMAN. Okay. And you understood
Ambassador VOLKER. I participated in the
Trump’s political opponents. that is what the Ukrainians interpreted ref-
July 10 meeting between National Security
Here is Ambassador Sondland again. erences to investigations to be, related to
Advisor Bolton and then-Ukrainian Chair-
(Text of Videotape presentation:) Burisma and the 2016 election?
man of the National Security and Defense
Ambassador VOLKER. I don’t know spe-
Ambassador SONDLAND. Well, Mr. Chair- Council, Alex Danyliuk. As I remember, the
cifically at that time if we had talked that,
man, when we left the Oval Office, I believe meeting was essentially over when Ambas-
specifically, Burisma/2016. That was my as-
on May 23, the request was very generic for sador Sondland made a general comment
sumption, though, that they would’ve been
an investigation of corruption in a very va- about investigations. I think all of us
thinking about doing that, too.
nilla sense and dealing with some of the oli- thought it was inappropriate.
garch problems in Ukraine, which were long- Mrs. Manager DEMINGS. Mr. Mrs. Manager DEMINGS. Ambas-
standing problems. And then as time went Giuliani became an inescapable pres- sador Bolton also found Ambassador
on, more specific items got added to the ence to both Ukrainian officials and Sondland’s reference to be inappro-
menu, including the Burisma and 2016 elec- American diplomats. To the Ukrain-
tion meddling, specifically the DNC server priate, and he abruptly ended the meet-
ians, Rudy Giuliani was seen as both a ing. However, Ambassador Sondland
specifically. And over this continuum it be- potential channel to President Trump
came more and more difficult to secure the was not deterred. He convened a second
White House meeting because more condi-
and an obstacle to a productive U.S.- meeting where he discussed what need-
tions were being placed on the White House Ukraine relationship. ed to happen before an Oval Office
meeting. A top aide to President Zelensky meeting. Apparently, Ambassador
Mrs. Manager DEMINGS. In short, texted to Volker that ‘‘I feel that the Sondland had received his marching or-
Ambassadors Volker and Sondland un- key for many things is Rudi and I [am] ders from the President, and he was de-
derstood that to get the meeting sched- ready to talk with him at any time.’’ termined to carry them out.
uled, they needed to get Mr. Giuliani’s But everyone understood that Mr. Bolton sent Dr. Hill to join that
agreement first. Giuliani was no rogue agent. He was meeting and report back. This is what
On June 27, Ambassador Sondland ex- acting at the direction of the Presi- Dr. Hill had to say:
plained to Ambassador Taylor that dent. Ambassador Sondland clearly de- (Text of Videotape presentation:)
President Trump needed to hear from scribed Mr. Giuliani’s role in regard to Dr. HILL. And so when I came in, Gordon
the Ukrainian leader before he would the President. Let’s listen. Sondland was basically saying, well, look, we
consent to a White House meeting. (Text of Videotape presentation:) have a deal here that there will be a meet-
Here is how Ambassador Taylor ex- Ambassador SONDLAND. Mr. Giuliani’s ing—I have a deal here with Chief of Staff
requests were a quid pro quo for arranging a Mulvaney. There will be a meeting if the
plained it. Ukrainians open up or announce these inves-
(Text of Videotape presentation:) White House visit for President Zelensky.
Mr. Giuliani demanded that Ukraine make a tigations into 2016 and Burisma. And I cut it
Ambassador TAYLOR. On June 27th, Am- public statement announcing the investiga- off immediately there. Because by this point,
bassador Sondland told me during a phone tions of the 2016 election, DNC server, and having heard Mr. Giuliani over and over
conversation that President Zelensky needed Burisma. Mr. Giuliani was expressing the de- again on the television and all of the issues
to make clear to President Trump that he, sires of the President of the United States, that he was asserting, by this point it was
President Zelensky, was not standing in the and we knew these investigations were im- clear that Burisma was code for the Bidens
way of investigations. portant to the President. because Giuliani was laying it out there.
Diplomat David Holmes testified that Mrs. Manager DEMINGS. Concern Mrs. Manager DEMINGS. After the
he understood, early on, the investiga- about Mr. Giuliani’s influence began to meeting, Dr. Hill followed up with Am-
tions to mean the Burisma-Biden in- grow. On July 10, at a meeting between bassador Bolton and relayed what tran-
vestigations that Mr. Giuliani and his Ambassador Taylor and two Ukrainian spired. Bolton was alarmed. In other
associates had been speaking about officials in Kyiv, Ukrainian officials words, Ambassador Bolton didn’t want
publicly. Mr. Holmes noted that while said they were ‘‘very concerned’’ be- any part of it. He directed Dr. Hill to
President Trump was withholding an cause Mr. Giuliani had told the corrupt brief the NSC’s top attorney, John
Oval Office meeting with Ukraine’s prosecutor general, Lutsenko, that Eisenberg, as she explained during her
newly elected leader, he agreed to meet President Trump would not meet with hearing.
with Ukraine’s chief foe, Vladimir the Ukrainian leader. (Text of Videotape presentation:)
Putin. Back in Washington, two important GOLDMAN. What was that specific in-
Mr. Holmes had this to say: struction?
encounters at the White House further
(Text of Videotape presentation:) Dr. HILL. The specific instruction was
revealed the existence of a corrupt quid that I have to go to the lawyers, to John
Mr. HOLMES. Also on June 28th, while
President Trump was still not moving for-
pro quo. Ambassador Sondland first Eisenberg, our senior counsel for the Na-
ward on a meeting with President Zelensky, broached the investigation in a meet- tional Security Council, to basically say,
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we met with—he met with Russian President ing in Ambassador Bolton’s office with you tell Eisenberg, Ambassador Bolton told
Putin at the G20 Summit in Osaka, Japan, Bolton’s Ukrainian counterpart and me, that I am not part of this whatever drug
sending a further signal of lack of support to President Zelensky’s top aide. Also deal that Mulvaney and Sondland are cook-
Ukraine. present were Secretary Perry, Ambas- ing up.
GOLDMAN. What did you understand him
Mrs. Manager DEMINGS. Ambas- sador Volker, and NSC officials Dr. Hill to mean by the drug deal that Mulvaney and
sador Volker did not dispute other wit- and Lieutenant Colonel Vindman. To- Sondland were cooking up?
nesses’ testimony that President ward the end of the meeting, the Dr. HILL. I took it to mean investigations
Trump conditioned an Oval Office Ukrainians raised the topic of an Oval for a meeting.

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S467
GOLDMAN. Did you go speak to the law- have heard that everyone was in the to the bottom of what happened’ in
yers? loop. 2016, we will nail down the date for a
Dr. HILL. I certainly did. Now, later this day, July 19, Ambas- visit to Washington.’’
Mrs. Manager DEMINGS. As a former sador Sondland texted Ambassadors Senators, in other words, even before
chief of police, I think it is quite inter- Volker and Taylor about the upcoming the July 25 phone call with President
esting that Ambassador Bolton cat- head-of-state telephone call, and the Zelensky, before it ever took place,
egorized the corrupt scheme—the pres- text said: Ukraine understood that it needed to
sure campaign—as a ‘‘drug deal.’’ I Looks like Potus call tomorrow. I [spoke] initiate the investigation into the de-
think Ambassador Bolton was trying directly to Zelensky and gave him a full bunked conspiracy theory about the
to send us a very powerful message briefing. He’s got it. 2016 election as a condition for Presi-
that not only would the lawyers, the Ambassador Volker replied to dent Zelensky, the newly elected
top lawyer understand, but that every Sondland’s text: ‘‘Most [important] is Ukrainian President, to visit the White
person would understand—every Mem- for Zelensky to say that he will help House.
ber of the House, every Member of the investigations.’’ Ambassador Sondland testified that
Senate, every member of our great The evidence shows that the Ukrain- acting on President Trump’s direct or-
country, every citizen. ians understood what they needed to do ders, he and Ambassador Volker
And Ambassador Bolton also wanted to earn a White House meeting with prepped President Zelensky for the
to make clear, especially to the top at- the President. telephone call.
torney, that he did not want to have On July 20, the day after Ambassador (Text of Videotape presentation:)
anything to do with the drug deal in Sondland’s phone call with President GOLDMAN. And you would agree that the
progress. But we do know now, of Zelensky, Ambassador Taylor spoke message in this—that is expressed here is
course, that Ambassador Bolton can with the Ukrainian national security that President Zelensky needs to convince
testify directly about this. He can tes- advisor. Ukraine’s national security Trump that he will do the investigations in
tify directly for himself about this advisor conveyed that the Ukrainian order to nail down the date for a visit to
meeting if he appears before this body, Washington, D.C. Is that correct?
President did not want to become an Ambassador SONDLAND. That’s correct.
as he has indicated that he is prepared instrument in U.S. politics.
to do if this body is willing to issue a Here is how Ambassador Taylor ex- Mrs. Manager DEMINGS. By this
subpoena. We need to hear from Am- plained that concern: time, nonpartisan career officials in-
bassador Bolton, and I know the Amer- (Text of Videotape presentation:) volved with Ukraine policy had become
ican people want to hear from Ambas- GOLDMAN. What did you understand it to
aware of this quid pro quo.
sador Bolton as well. mean when—that Zelensky had concerns Here is what three of them said dur-
Dr. Hill testified that she spoke to about being an instrument in Washington ing their testimony:
Mr. Eisenberg twice. Dr. Hill also indi- domestic reelection politics? Ambassador Taylor: ‘‘. . . the meet-
cated that Mr. Eisenberg took notes of Ambassador TAYLOR. Mr. Danyliuk un- ing President Zelensky wanted was
their meeting, which we, to no surprise derstood that these investigations were pur- conditioned on investigations of
now, do not have. We have not received suant to Mr. Giuliani’s request to develop in- Burisma and alleged Ukrainian influ-
formation, to find information about ence in the 2016 elections . . .’’
them because of the President’s ob-
Burisma and the Bidens. This was very well
struction. known in public. Mr. Giuliani made his point
Ambassador David Holmes: ‘‘. . . it
It is clear that Ambassador Sondland clear in several instances in the beginning— was made clear that some action on a
was not operating a rogue operation. in the springtime. Burisma/Biden investigation was a pre-
He testified that everyone was in the And Mr. Danyliuk was aware that that was condition for an Oval Office visit.’’
loop. Let’s listen once again. a problem. Dr. Hill: ‘‘There seems to be an awful
(Text of Videotape presentation:) GOLDMAN. And would you agree that, be- lot of people involved in, you know, ba-
Ambassador SONDLAND. Everyone was in cause President Zelensky is worried about sically turning a White House meeting
the loop. It was no secret. Everyone was in- this, they understood, at least, that there into some kind of asset’’ that was
formed via email on July 19th, days before was some pressure for them to pursue these
investigations? Is that fair?
‘‘dangled out to the Ukrainian Govern-
the Presidential call. As I communicated to ment.’’
the team, I told President Zelensky in ad- Ambassador TAYLOR. Mr. Danyliuk indi-
vance that assurances to run a fully trans- cated that President Zelensky certainly un- A White House visit—a visit to the
parent investigation and turn over every derstood it, that he did not want to get in- Oval Office—was dangled out to the
stone were necessary in his call with Presi- volved in these types of activities. Ukrainian Government.
dent Trump. Mrs. Manager DEMINGS. The next Senators, I ask you to think about
Mrs. Manager DEMINGS. In the day, Ambassador Taylor relayed the those words as we decide—as you de-
email reference, Ambassador Sondland Ukrainian leader’s concerns to Volker cide—what action you will take. Think
wrote the following to Secretary and Sondland, but Ambassador about those words. There was no doubt
Pompeo, Secretary Perry, and Mr. Sondland did not back down. the direction came from the President
Mulvaney regarding President Specifically, Ambassador Sondland of the United States. The President
Zelensky. texted in response to Ambassador Tay- was at the center of this scheme.
(Text of Videotape presentation:) lor’s worry: ‘‘Absolutely, but we need Ambassador Sondland testified: ‘‘Mr.
He is prepared to receive POTUS’ call. Will to get the conversation started and the Giuliani was expressing the desires of
assure him that he intends to run a fully relationship built, irrespective of the the President of the United States, and
transparent investigation and will ‘‘turn pretext.’’ we knew these investigations were im-
over every stone.’’ Again, Ambassador Sondland had his portant to the President.’’
Both Mulvaney and Perry responded marching orders, and he was deter- Ambassador Sondland added that Mr.
to the email noting that the head-of- mined to carry them out. Giuliani ‘‘followed the direction of the
state call would be scheduled right A call between President Trump and President’’ and ‘‘we followed the Presi-
away. Now, you may be asking: What President Zelensky was scheduled for dent’s orders.’’
did Mulvaney know about these inves- July 25. However, as Ambassador Taylor tes-
tigations, and did he have any con- Before the call, President Trump tified, ‘‘Ambassador Bolton was not in-
versations with President Trump about spoke to Sondland and reiterated his terested in having—did not want to
them? expectation that the Ukrainian leader have the call because he thought it was
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Senators, this body is entitled to see would commit to the investigations. going to be a disaster.’’ He thought
all of the evidence, and do you know Ambassador Sondland subsequently that there could be some talk of inves-
what? The American people are enti- contacted Ambassador Volker and re- tigations or even worse than that, he
tled to hear all of the evidence. And layed the message to him. thought.
while the nature of the ‘‘drug deal’’ we Volker then texted Zelensky’s top I ask you today, Senators: What was
have talked about was uncontested, it aide with President Trump’s instruc- Ambassador Bolton so afraid that
is important for the country to know tion: ‘‘[A]ssuming President Z con- President Trump would say to the
that everyone was involved because we vinces trump he will investigate / ‘get newly elected Ukrainian President?

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S468 CONGRESSIONAL RECORD — SENATE January 22, 2020
What was the National Security Advi- Trump, testified: ‘‘Ukraine is a stra- President Trump continued:
sor so afraid that President Trump tegic partner of the United States—im- I would like to have the Attorney General
would say to President Zelensky? portant for the security of our country call you or your people, and I would like you
This is another topic we would like as well as Europe.’’ to get to the bottom of it. As you saw yester-
to ask Ambassador Bolton about if and LTC Alexander Vindman, a National day, that whole nonsense ended with a very
poor performance by a man named Robert
when he appears before this body. Security Council officer, a Trump ap- Mueller—
Mr. Manager JEFFRIES. Mr. Chief pointee, a Purple Heart recipient, an
Justice, distinguished Members of the A Vietnam war hero, by the way—
Iraq war veteran, testified: ‘‘A strong
Senate, I thank you, once again, for a very poor performance by a man named
and independent Ukraine is critical to
Robert Mueller, an incompetent perform-
your indulgence and for your courtesy our national security interests.’’ ance, but they say a lot of it started with
as we all undertake our solemn con- Ukraine remains under attack by Ukraine. Whatever you can do, it’s very im-
stitutional responsibilities during this Russian-backed separatists in Crimea. portant that you do it if that’s possible.
Senate trial. It is an ongoing hot war. Ukraine is a Who is the ‘‘they’’ referred to by
George Washington once observed in friend. Russia is a foe. Ukraine is a de- President Trump putting forth the
his Farewell Address to the Nation mocracy. Russia is a dictatorship. The baseless conspiracy theory that the
that the Constitution was sacredly United States may very well be one of Ukrainians, not the Russians, were be-
obligatory upon all. That means every- the other things standing between Rus- hind the hack of the Democratic Na-
one. In fact, that is what makes our sia and Ukraine’s being completely tional Committee server in 2016?
great country so distinct from authori- overrun. As part of that, Vladimir ‘‘They’’ means Russia. ‘‘They’’ means
tarian regimes and enemies of democ- Putin continues aggression against the Putin. ‘‘They’’ are enemies of the
racy. Vladimir Putin is above the law free world. That is why this Congress United States.
in Russia; Erdogan is above the law in allocated $391 million in military and Not a single witness who testified be-
Turkey; Kim Jong Un is above the law security aid to a vulnerable Ukraine on fore the House knew of any factual
in North Korea, but in the United a bipartisan basis. It is that it is in basis for President Trump’s belief in
States of America, no one is above the America’s national security interests. the CrowdStrike Ukraine fairytale. To
law, not even the President of the On the July 25 call, Mr. Trump could the contrary, the U.S. intelligence
United States. That is what this mo- have endeavored to strengthen the re- community and this Senate Intel-
ment is all about. lationship with this new Ukrainian ligence Committee assessed that Rus-
As we all know, Congress is a sepa- leader. Instead, President Trump fo- sia interfered in the 2016 election.
rate and coequal branch of govern- cused on securing a personal favor. He As Dr. Fiona Hill testified, the the-
ment. We don’t work for this President wanted Ukraine to conduct phony in- ory that Ukraine interfered in the 2016
or any President. We, of course, work vestigations, designed to enhance his election ‘‘is a fictional narrative that
for the American people. We have a political standing and solicit foreign has been perpetrated and propagated
constitutional responsibility to serve interference in the 2020 election. by the Russian security services.’’
as a check and balance on an out-of- On the July 25 call, President Trump The conspiracy theory that President
control executive branch. That is not maligned a highly respected American Trump advanced on the July 25 phone
from the Democratic Party’s playbook, Ambassador, known as an anti-corrup- call is stone-cold Russian propaganda.
and that is not from the Republican tion crusader. At the same time, he As early as February 2017, Vladimir
Party’s playbook. That is from the praised a corrupt former Ukrainian Putin began to promote this lie during
playbook of a democratic republic. prosecutor, and on multiple occasions, a press conference saying:
James Madison once observed in Fed- The Ukrainian Government adopted a uni-
President Trump directed Ukraine’s
eralist No. 51 that the Congress should lateral position in favor of one candidate.
new leader to speak with his personal More than that, certain oligarchs, certainly
serve as a rival to the executive lawyer, Rudolph Giuliani, on an official with the approval of the political leadership,
branch. call. funded this candidate, or female candidate,
In my humble opinion, why would Mr. Giuliani is not a member of the to be more precise.
Madison use the word ‘‘rival’’? Trump administration. For these and Those are the words of Vladimir
It is that the Framers of the Con- other reasons, the July 25 call warrants Putin—a script apparently adopted by
stitution, I think, did not want a King; our close scrutiny. It presents signifi- President Donald John Trump.
they did not want a dictator; they did cant and shocking evidence of Presi- If there was any doubt about who
not want a Monarch. They wanted a de- dent Trump’s corrupt intent. The call benefits from this unfounded, Russian-
mocracy. The Constitution is sacredly lays bare the President’s willingness to inspired conspiracy theory advanced by
obligatory upon all. It is through that do whatever it takes to get what he Donald Trump, Vladimir Putin made it
lens that we proceed today. wants even if his behavior undermines clear when he said in November of 2019:
For the next few moments, I would the national security interests of the Thank God no one is accusing us anymore
like to discuss President Trump’s July United States of America. of interfering in U.S. elections. Now they’re
25 phone call with Ukraine’s newly At the beginning of the call, Presi- accusing Ukrainians.
elected leader. dent Zelensky mentioned U.S. military Unfortunately, this is not the first
The President claims that his call aid, and he states: ‘‘I would also like to time President Trump tried to cap-
was perfect. Nothing can be further thank you for your great support in the italize on Russian propaganda and mis-
from the truth. The call is direct evi- area of defense.’’ The great support in information for his own political ben-
dence of President Trump’s solicitation the area of defense includes the secu- efit.
of foreign interference in the 2020 elec- rity assistance passed by this Congress, On July 24, just one day before this
tion as part of a corrupt scheme. It is on a bipartisan basis, that Donald call, Special Counsel Robert Mueller
important, of course, to remember the Trump held up in violation of the law. testified before Congress that the
context of this call. Immediately after President ‘‘Russian government interfered in the
New Ukrainian President Volodymyr Zelensky raised the issue of defense 2016 election in sweeping and system-
Zelensky was in a vulnerable position support, President Trump responded: atic fashion’’ in order to support the
and viewed American and diplomatic ‘‘I would like you to do us a favor, Trump campaign and divide America.
military support as critical to his though.’’ Mr. Mueller also found that the
standing and to Ukraine’s fragile fu- These words will live in infamy. Trump campaign welcomed Russian in-
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ture as a democracy. Equally signifi- First, President Trump said to Presi- terference in the 2016 election and uti-
cant, as outlined by my colleagues, dent Zelensky, as part of the two de- lized it as part of its campaign mes-
America has a strong national security mands that he requested: saging.
interest in supporting Ukraine against Despite the clear and overwhelming
I would like you to find out what happened
Russia’s continued aggression. with this whole situation with Ukraine, they conclusion of U.S. intelligence agen-
William Taylor, a West Point grad- say Crowdstrike . . . I guess you have one of cies, as well as the distinguished Sen-
uate, a Vietnam war hero, and Ambas- your wealthy people. . . . The server, they ate Intelligence Committee, that Rus-
sador to Ukraine, appointed by Donald say, Ukraine has it.’’ sia, not Ukraine interfered in the 2016

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S469
election, President Trump continued to During the July 25 call, President Ambassador Yovanovitch joined the
press the new Ukrainian leader to an- Trump also repeatedly pressed the diplomatic corps under President Ron-
nounce an investigation into the Ukrainian President to coordinate with ald Reagan and subsequently served
CrowdStrike Ukraine conspiracy the- his personal attorney, Rudolph three other Republican Presidents. She
ory. Giuliani. is a highly respected diplomat and For-
Why? President Trump sought a po- Why was Rudolph Giuliani’s name eign Service professional. Yet Presi-
litical favor—that is why—as part of a mentioned multiple times during the dent Trump told the new Ukrainian
scheme to solicit foreign interference July 25 phone call? Giuliani is not the leader the former Ambassador from the
in the 2020 election. Secretary of State. He is not an ambas- United States, ‘‘the woman,’’ was bad
The second demand made by Presi- sador. He is not a member of the diplo- news, and the people she was dealing
dent Trump on the July 25 call related matic corps. with in the Ukraine were bad news.
to the campaign of Vice President Joe Rudolph Giuliani is a cold-blooded ‘‘So I just want to let you know that.’’
Biden, who announced his intention to political operative for President He didn’t stop there. Later in the
run for the Office of the Presidency Trump’s reelection campaign. That is call, President Trump ominously
last April. Throughout the spring and why he was referenced multiple times added, ‘‘Well, she’s going to go through
early summer of last year, public poll- on that July 25 phone call, and it is some things.’’ These are the words of
ing consistently showed that Biden evidence of corrupt intent by President the President of the United States of
would decisively defeat President Trump. America.
Trump. In fact, on June 16 of last By the time the call took place, Ambassador Yovanovitch did not
year—June 16—a FOX News poll President Zelensky understood know of President Trump’s disparaging
showed that President Trump would Giuliani’s connection to the shakedown remarks at the time. She didn’t learn
lose to Joe Biden by 10 points. scheme. He recognized Giuliani’s role them until the call record became pub-
The concern with Joe Biden’s can- as the President’s political operative lic in September. Asked whether she
didacy provides motive for President on matters related to Ukraine. felt ‘‘threatened’’ by President
Trump’s demand that the Ukrainian Zelensky informed President Trump Trump’s statement that ‘‘she’s going
Government investigate the former that one of his aides spoke with Mr. to go through some things,’’ Ambas-
Vice President and his son Hunter. Giuliani ‘‘just recently’’ and ‘‘we are sador Yovanovitch answered that she
Here is what President Trump said hoping very much that Mr. Giuliani did. Here is what she said.
on that call: will be able to travel to Ukraine and (Text of Videotape presentation:)
The other thing, there’s a lot of talk about we will meet once he comes.’’ Mr. GOLDMAN. The next excerpt when the
Biden’s son, that Biden stopped the prosecu- The Ukrainian leader knew Giuliani President references you is a short one, but
tion and a lot of people want to find out represented President Trump’s polit- he said: ‘‘Well, she’s going to go through
about that so whatever you can do with the ical interests in his country and could some things.’’ What did you think when
Attorney General would be great. Biden went help unlock the long-sought-after Oval President Trump told President Zelensky
around bragging that he stopped the prosecu- and you read that you were going to go
tion so if you can look into it . . . It sounds
Office meeting that President Zelensky through some things?
horrible to me. desired. Ambassador YOVANOVITCH. I didn’t know
The phony investigations sought by what to think, but I was very concerned.
Now, the Trump administration offi-
President Trump on the July 25 call Mr. GOLDMAN. What were you concerned
cials who participated in the impeach- about?
were not designed to bolster the na-
ment inquiry unanimously testified Ambassador YOVANOVITCH. She’s going
tional security interests of the United
that there was no factual support for to go through some things. It didn’t sound
States of America—quite the contrary.
the allegation that Vice President good. It sounded like a threat.
President Trump sought to benefit Mr. GOLDMAN. Did you feel threatened?
Biden did anything wrong or misused
himself and his own reelection pros- Ambassador YOVANOVITCH. I did.
his authority when he pressed for the
pects. Mr. Manager JEFFRIES. During that
removal of Ukraine’s corrupt former
On the July 25 call, President Trump same call, President Trump also took
prosecutor general. Joe Biden did noth-
also suggested that President Zelensky the opportunity to praise Yuriy
ing wrong. The witnesses testified that
speak with the Attorney General Wil- Lutsenko—Mr. Lutsenko, who is the
Vice President Biden was in fact car-
liam Barr about the two fake inves- former Ukrainian prosecutor general
rying out official U.S. policy to clean
tigations that the President sought. who was widely regarded by the entire
up the prosecutor general’s office in This is important to keep in mind. At
Ukraine. free world, including our European al-
no time during this entire sordid lies and the International Monetary
This policy, of course, aligned with
scheme was there an ongoing American Fund, to be corrupt and incompetent,
the perspective of many in this very
law enforcement investigation into the but Donald John Trump, our President,
distinguished body, as well as our Eu-
phony slander related to Joe Biden or praised him on that call.
ropean allies throughout the world, as
the conspiracy theory related to He told President Zelensky:
well as the International Monetary
Ukrainian interference in the 2016 elec- I heard you had a prosecutor who was very
Fund.
tion. At no time was there an ongoing good and he was shut down and that’s really
Vice President Biden did not remove
American law enforcement investiga- unfair. A lot of people are talking about
Yuriy Lutsenko, the corrupt pros-
tion. that, the way they shut your very good pros-
ecutor. The Ukrainian Government did
America is the leader of the free ecutor down and you had some very bad peo-
with the support of the free world. ple involved.
world. We do not urge other sovereign
Nonetheless, on October 3, 2019, when
countries to target American citizens Think about this contrast. The Presi-
a reporter asked President Trump,
absent any legitimate basis whatso- dent bashed a career American dip-
‘‘What exactly did you hope Zelensky
ever, absent any scintilla of evidence. lomat and an anti-corruption champion
would do about the Bidens after your
Apparently, President Trump does whom he unceremoniously removed be-
phone call,’’ President Trump re-
not play by those rules. During the cause she was viewed as an obstacle to
sponded as follows.
July 25 call, President Trump didn’t his efforts to solicit foreign inter-
(Text of Videotape presentation:)
raise legitimate corruption concerns as ference in the 2020 election and then at
News Reporter. What exactly did you hope
Zelensky would do about the Bidens after
it relates to the Ukraine. President the same time praised someone who he
your phone? Exactly? Trump did not mention the word ‘‘cor- thought could be an asset—a former
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President TRUMP. Well, I would think ruption’’ once. The President did, how- Ukrainian prosecutor whom the free
that, if they were honest about it, they’d ever, viciously malign former U.S. Am- world views as an obstacle to the rule
start a major investigation into the Bidens. bassador to Ukraine Marie of law. The idea that President Trump
It’s a very simple answer. Yovanovitch, a distinguished cares about corruption is laughable. It
Mr. Manager JEFFRIES. Start a anticorruption advocate whom he is laughable.
major investigation into the Bidens. abruptly removed because she was seen A plain reading of the rough tran-
The evidence of wrongdoing by Presi- as an obstacle to his geopolitical script of the July 25 call also sheds
dent Trump is hiding in plain sight. shakedown. light on the quid pro quo involving the

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S470 CONGRESSIONAL RECORD — SENATE January 22, 2020
Oval Office meeting that had been Several members of the President’s leader mentioned that President
sought. staff listening in on the call imme- Trump had brought up some ‘‘very sen-
President Zelensky said on the call: diately grew concerned. sitive issues’’ during the July 25 call—
I also wanted to thank you for your invita- As he sat in the White House Situa- ‘‘very sensitive issues.’’
tion to visit the United States, specifically tion Room listening to the conversa- Ambassador Sondland then had a pri-
Washington, DC. On the other hand, I also tion, LTC Alexander Vindman realized vate meeting with Andriy Yermak,
wanted to ensure you that we will be very se- President Zelensky’s top aide. The two
that the President’s demands of the
rious about the case and will work on the in-
vestigation. Ukrainian leader were ‘‘inappropriate’’ men insisted that the meeting be one-
and ‘‘improper.’’ He quickly recognized on-one with no notetaker—perhaps due
As all of you know here in this dis-
that as the President began referencing to the ‘‘very sensitive issues’’ that
tinguished body, quid pro quo is a
the Bidens, Burisma, and CrowdStrike, might come up. Ambassador Sondland
Latin term. It means ‘‘this for that.’’
the call was diverging from the official testified that he and President
The statement that I just read shows
National Security Council talking Zelensky’s aide ‘‘probably’’ discussed
that President Zelensky fully under-
stood at the time of this July 25 call points that he helped prepare. ‘‘the issue of investigations.’’
Lieutenant Colonel Vindman, a 20- After these key meetings in Ukraine,
that if he yielded to President Trump’s
year Iraq war veteran, Purple Heart re- Ambassador Sondland went to lunch
demand for phony investigations, he
cipient, and American patriot, testified with David Holmes and two other
would get the White House meeting in
in the context of the call that due to American officials. Mr. Holmes sat di-
the Oval Office that he desperately
sought. This for that. the unequal bargaining position of the rectly across from Ambassador
President Trump has repeatedly in- two leaders and Ukraine’s dependence Sondland—close enough to hear the de-
sisted that his July 25 conversation on the United States, the ‘‘favor’’ that tails of an extraordinary telephone call
with President Zelensky was ‘‘a perfect President Trump sought would have between Mr. Sondland and President
call.’’ His staff at the White House ap- been perceived by President Zelensky Trump. As Mr. Holmes related during
parently believed otherwise. The press as a demand. Lieutenant Colonel his sworn testimony under oath, Am-
office issued a short and incomplete Vindman worried that the call would bassador Sondland pulled out his unse-
summary of the July 25 call. Let me undermine U.S. national security in- cured cell phone and ‘‘said that he was
read it for your hearing: terests, and he knew immediately that going to call President Trump to give
Today, President Donald J. Trump spoke he had a duty to report the contents of him an update.’’ What happened next
by telephone with President Volodymyr the call to White House lawyers. was shocking.
Zelensky of Ukraine— (Text of Videotape presentation:) (Text of Videotape presentation:)
(Disturbance in the Galleries.) I was concerned by the call. What I heard While Ambassador Sondland’s phone was
Mr. Manager JEFFRIES. And the was inappropriate, and I reported my con- not on speakerphone, I could hear the Presi-
scripture says: ‘‘For the Lord loves jus- cerns to Mr. Eisenberg. dent’s voice through the earpiece of the
It is improper for the President of the phone. The President’s voice was loud and
tice and will not abandon His faithful
United States to demand a foreign govern- recognizable, and Ambassador Sondland held
ones.’’ the phone away from his ear for a period of
This is the White House call readout ment investigate a U.S. citizen and a polit-
ical opponent. I was also clear that if time, presumably because of the loud vol-
of July 25, 2019: Ukraine pursued an investigation—it was ume. I heard Ambassador Sondland greet the
Today, President Donald J. Trump spoke also clear that if Ukraine pursued an inves- President and explain he was calling from
by telephone with President Volodymyr tigation into the 2016 elections, the Bidens Kyiv. I heard President Trump then clarify
Zelensky of Ukraine to congratulate him on and Burisma, it would be interpreted as a that Ambassador Sondland was in Ukraine.
his recent election. President Trump and partisan play. This would undoubtedly result Ambassador Sondland replied, yes, he was in
President Zelensky discussed ways to in Ukraine losing bipartisan support, under- Ukraine, and went on to state that President
strengthen the relationship between the mining U.S. national security, and advanc- Zelensky ‘‘loves your ass.’’
United States and Ukraine, including energy ing Russia’s strategic objectives in the re- I then heard President Trump ask, ‘‘So he’s
and economic cooperation. Both leaders also gion. going to do the investigation?’’
expressed that they look forward to the op- Ambassador Sondland replied that he is
portunity to meet. Mr. Manager JEFFRIES. Recounting going to do it, adding that President
That is the official White House read- the content of the call based on his de- Zelensky will do ‘‘anything you ask him to
out of the call dated July 25, 2019. The tailed handwritten notes, Lieutenant do.’’
official readout provided to the Amer- Colonel Vindman told the lawyers that Mr. Manager JEFFRIES. ‘‘He is
ican people omitted key elements of he believed it was ‘‘wrong’’ for Presi- going to do it.’’ He will do ‘‘anything
the President’s conversation. Let’s re- dent Trump to ask President Zelensky you ask him to do.’’
view. to investigate Vice President Biden. Immediately after this call with
The official readout did not mention Other witnesses were also troubled President Trump, Mr. Holmes followed
the phony investigations requested by by what they heard. Vice President up with Ambassador Sondland.
President Trump. The official readout PENCE’s adviser, Jennifer Williams, ex- (Text of Videotape presentation:)
did not mention the Oval Office meet- pressed concern that President Trump DAVID HOLMES. After the call ended,
ing sought by President Zelensky. The raised a ‘‘domestic political matter’’ Ambassador Sondland remarked that the
official readout did not mention Presi- on an official call with a foreign leader. President was in a bad mood, as Ambassador
dent Trump’s elevation of a debunked She testified that the mention of inves- Sondland stated was often the case early in
conspiracy theory promoted by Vladi- tigations struck her as unusual and the morning.
I then took the opportunity to ask Ambas-
mir Putin about 2016 election inter- more political in nature. She said: ‘‘I
sador Sondland for his candid impression of
ference. The official readout did not guess for me it shed some light on pos- the President’s views on Ukraine. In par-
mention President Trump’s demand sible other motives behind a security ticular, I asked Ambassador Sondland if it
that Ukraine investigate his domestic assistance hold.’’ was true that the President did not give a
political rival, Joe Biden. The official Timothy Morrison, a former Repub- [expletive] about Ukraine. Ambassador
readout did not mention that President lican congressional staffer who re- Sondland agreed that the President did not
Trump maligned and threatened Am- placed Dr. Fiona Hill in July of 2019, give a [expletive] about Ukraine. I asked,
bassador Yovanovitch. The official also reported the call to National Secu- why not, and Ambassador Sondland stated
that the President only cares about . . . ‘‘big
readout did not mention that President rity Council lawyers.
stuff.’’ I noted that there was . . . ‘‘big stuff’’
Trump praised a corrupt former After the call, President Trump con- going on in Ukraine, like a war with Russia.
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Ukrainian prosecutor. tinued to push the scheme forward. Ambassador Sondland replied that he meant
The complete conversation, however, On July 26, the very next day, Am- . . . ‘‘big stuff’’ that benefits the President,
between President Trump and Presi- bassador Sondland and Ambassador like the . . . ‘‘Biden investigation’’ that Mr.
dent Zelensky that we just outlined of- Taylor met with President Zelensky Giuliani was pushing. The conversation then
fers powerful evidence that President and other Ukrainian officials in Kyiv. moved on to other topics.
Trump abused his power and solicited According to David Holmes, the Mr. Manager JEFFRIES. During the
foreign interference in the 2020 elec- Ukraine-based U.S. diplomat who July 25 call, President Trump asked for
tion. served as the notetaker, the Ukrainian the favor of these two phony political

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S471
investigations immediately after the This was not a perfect call. It is di- messages as we discussed. Please send dates
Ukrainian President brought up de- rect evidence that President Donald when you will be in Madrid. I am seeing
fense assistance for Ukraine. John Trump corruptly abused his Yermak tomorrow morning. He will come to
you in Madrid. Thanks for your help. Kurt.
The following day, Ambassador power and solicited foreign inter-
Sondland confirmed to President ference in the 2020 election. So here we are the day after that
Trump that Ukraine would indeed ini- The CHIEF JUSTICE. The majority call, as my colleague demonstrates—
tiate the investigations discussed on leader is recognized. this same day, so July 26, and the date
the call, which was the only thing the f
of that second infamous call between
President cared about with respect to President Trump this time and Gordon
RECESS Sondland that you heard the diplomat,
Ukraine. He didn’t care that Russia
was forcefully occupying eastern Mr. MCCONNELL. Mr. Chief Justice, David Holmes, describe. So that is the
Ukraine. President Trump didn’t care colleagues, we will now take a 30- same day, July 26, that we are talking
that thousands of Ukrainians appar- minute break for dinner and reconvene about right now, where there is this
ently have died fighting for their de- at 5 minutes after 7:00. text message.
mocracy. He didn’t seem to care that I ask unanimous consent that the Now, of course, in that July 25 call,
supporting Ukraine bolsters America’s Senate stand in recess until that time. the President wants to connect Rudy
national security, but he cared about There being no objection, at 6:35 Giuliani with the President of Ukraine
himself as it relates to the prospects of p.m., the Senate, sitting as a Court of and his people. So this is a followup
his reelection in 2020. Impeachment, recessed until 7:20 p.m.; where Ambassador Volker is saying to
In November, President Trump de- whereupon the Senate reassembled Giuliani:
nied that he spoke to Ambassador when called to order by the CHIEF JUS- [It was] a great call with the Ukraine
Sondland on July 26, telling reporters: TICE. President. Exactly the right messages as we
The CHIEF JUSTICE. The Senate discussed.
‘‘I know nothing about that.’’ But in
his public testimony, Ambassador will come to order. And we know, of course, those mes-
Sondland contradicted that assertion Mr. SCHIFF. sages were the need to do this political
with official records he obtained from Mr. Manager SCHIFF. Mr. Chief Jus- investigation.
the White House. tice, just so Senators have an idea of Please send dates when you will be in Ma-
Ambassador Sondland further ex- the evening, we expect to go about 2 to drid. I am seeing Yermak tomorrow morn-
plained that Holmes’ testimony re- 21⁄2 hours. I will make a presentation. ing. He will come to you in Madrid.
freshed his recollection about the July Representative LOFGREN from Cali- So here is Ambassador Volker, one of
26 call, which Ambassador Sondland fornia will make a presentation. I will the three amigos, following up, arrang-
had not originally described when he make a final presentation, and then we ing this meeting between Giuliani and
first appeared at a deposition before will be done for the evening. As an en- the Ukrainians. Giuliani replied, set-
the House. couraging voice told me: Keep it up, ting a meeting in Europe with Presi-
(Text of Videotape presentation:) but don’t keep it up too long. So we dent Zelensky’s top aide for the very
Ambassador SONDLAND. Also, on July will do our best not to keep it up too next week:
26th, shortly after our Kyiv meetings, I long. ‘‘I will arrive on August 1 and until
spoke by phone with President Trump. The I am going to turn now to the part of 5,’’ he wrote. Now remember, on July
White House, which has finally, finally the chronology that picks up right 22—so a few days before this and before
shared certain call dates and times with my after that July 25 call and walk the call—Ambassador Volker had con-
attorneys confirms this. The call lasted 5 through the increasingly explicit pres- nected Giuliani originally with
minutes. Yermak, and they agreed to meet. So
sure campaign waged on Ukraine in
I remember I was at a restaurant in Kyiv,
and I have no reason to doubt that this con- order to get President Trump’s deliver- this is a followup. You have that ar-
versation included the subject of investiga- able—the investigations meant to tar- rangement being made by Volker and
tions. Again, given Mr. Giuliani’s demand nish his opponent and help his reelec- Giuliani before the call. Then, you
that President Zelensky make a public state- tion. have the call, and now you have the
ment about investigations, I knew that in- Now remember, by the end of July, followup to arrange the meeting in Ma-
vestigations were important to President Ukraine was aware of President drid.
Trump. Trump’s requests for investigation to So they do meet in Madrid. This is
Mr. Manager JEFFRIES. President help his political efforts and had come August 2. Andriy Yermak, Zelensky’s
Trump said that his July 25 conversa- to know that President Trump put a top aide, flew to Madrid. He meets with
tion was a perfect call. It was far from freeze on security assistance. So this is Rudy Giuliani, who they know rep-
perfect. by the end of July. They also clearly resented the President’s interests.
In a perfect call, the President would understood that President Trump was Both Giuliani and Yermak walk away
not demand a political favor from a withholding an Oval Office meeting from this meeting in Madrid clearly
vulnerable Ukraine under attack by a until those investigations were an- understanding that a White House
Russian foe. In a perfect call, the Presi- nounced. Both were very critical to meeting is linked to Zelensky’s an-
dent would not demand that a foreign Ukraine as a sign of U.S. support and nouncement of the investigations.
leader investigate a Russian-inspired as a matter of their national security, In separate conversations with
conspiracy about the 2016 election. In a and their national security, of course, Giuliani and Yermak after this Madrid
perfect call, the President would not implicates our national security. meeting, Volker said he learned that
pressure a foreign government to tar- In the weeks after the July 25 call, Giuliani wanted the Ukrainians to
get an American citizen for political, President Trump’s handpicked rep- issue a statement including specific
personal gain. resentatives escalated their efforts to mentions of the two investigations
In a perfect call, the President would get the public announcement of the in- that the President wanted. According
not solicit foreign interference in the vestigations from Ukraine. to Ambassador Volker’s testimony,
2020 election. In a perfect call, the So let’s go through this step by step, Yermak told him that his meeting with
President would not threaten the well- because the 3 weeks following the July Giuliani was very good and imme-
being of a highly respected American 25 call tell so much about this pressure diately added that the Ukrainians
Ambassador and say she was going to scheme. asked for a White House meeting dur-
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‘‘go through some things.’’ In a perfect Let’s start with July 26. On July 26— ing the week of December 16.
call, the President would not praise a so this is the day after the call—Am- Yermak presses Volker on the White
disgraced former prosecutor whom the bassador Volker sends a text message House meeting date, saying that he
free world viewed as corrupt and in- to Giuliani, and that text message was waiting for confirmation: ‘‘Maybe
competent, and in a perfect call, the says: you know the date.’’ This is a recurrent
President would not have directed a Hi, Mr. Mayor. You may have heard, the theme that we have seen through the
foreign leader to follow up with Ru- President had a great call with the Ukrain- text messages and other documents,
dolph Giuliani, a human hand grenade. ian President yesterday. Exactly the right and that is the recurrent requests for

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S472 CONGRESSIONAL RECORD — SENATE January 22, 2020
this meeting, the pressing for this yer, who is on this personal mission on that when he spoke to the White
meeting by the Ukrainians because it behalf of his client to get these inves- House, he usually spoke to President
was so important to them. Giuliani’s tigations in Ukraine. The President of Trump, his client.
objective was clear to Ambassadors Ukraine can’t get in the door of the Also, on August 8, Yermak texts
Volker and Sondland, who took over Oval Office. And who are they going to? Volker that he had some news. Ambas-
the communications with Yermak. Are they going to the Security Coun- sador Volker replies that he can talk
Here is Ambassador Sondland. cil? No. Are they going to the State then, and Ambassador Volker updates
(Text of Videotape presentation:) Department? No. They tried all that. Giuliani in a text the next day.
Mr. SONDLAND. I first communicated They are going to the President’s per- Volker says to Giuliani in the text:
with Mr. Giuliani in early August, several sonal lawyer. Does that sound like an Hi Mr. Mayor! Had a good chat with
months later. Mr. Giuliani emphasized that official policy to try to fight corrup- Yermak last night. He was pleased with your
the President wanted a public statement phone call. Mentioned—
from President Zelensky committing
tion?
Ukraine to look into the corruption issues. Why would you go outside of the nor- He is referring to President Zelensky
Mr. Giuliani specifically mentioned the 2016 mal channel to do that? You wouldn’t. here.
election, including the DNC server, and You would go to your personal attor- making a statement. Can we all get on the
Burisma as two topics of importance to the ney, who is on a personal mission that phone to make sure I advise—
President. he admits is not foreign policy, when Here he is referring to President
Mr. Manager SCHIFF. Giuliani ex- your objective has nothing to do with Zelensky.
erted significant influence in this proc- policy, when your objective is a cor- correctly as to what he should be saying?
ess. In fact, when on August 4 Yermak rupt one. Want to make sure we get this done right.
inquired again about the Presidential What does that mean, to have a cor- Here, August 9, there is an effort by
meeting, Ambassador Volker turned rupt objective? It means an illicit one. Volker to make sure to get this state-
not to the National Security Council It means an impermissible one. It ment right about the investigations. If
staff or to the State Department to ar- means one that furthers your own in- they can’t get the statement right, you
range it and follow up. He turned to terests at the cost of the national in- aren’t going to get in the door of the
Giuliani again. Volker told Yermak terests—the willingness to break the Oval Office.
that he would speak with Giuliani later law, like the Impoundment Control It also makes clear who is exactly in
that day and would call the Ukrainian Act, by withholding aid is indicative of charge of this, and that is Rudy
President’s aide afterward. that corrupt purpose, the lengths the Giuliani. Ambassador Volker is check-
Volker then texts Giuliani to ask President would go, not in furtherance ing with Rudy Giuliani about what he
about the Madrid meeting and to set up of U.S. policy but against U.S. policy, should advise President Zelensky. We
the call that he had mentioned to not even a difference on policy at all. know that Giuliani is taking his orders
Yermak. Giuliani replies that the The mere pursuit of personal inter- from President Trump.
meeting with Yermak was excellent est, the pursuit of an illegal effort to Text messages and call records ob-
and that he would call later. Phone get foreign interference, is the very tained by the committees show that
records obtained by the committees embodiment of a corrupt intent. Ambassador Volker and Giuliani con-
show a 16-minute call on August 5 be- Here we are, August 7. Volker is say- nected by phone twice around noon on
tween Ambassador Volker and ing: Rudy, if you are coming to DC, August 9 for several minutes each.
Giuliani. Ambassador Volker then let’s get together. It would be good if Following the calls with Giuliani,
texts Yermak: you can talk to the boss because we Ambassador Volker created a three-
Hi, Andriy. Had a good, long talk with can’t get a meeting another way. way group chat using WhatsApp and
Rudy. Call anytime. Kurt. Around that time, Ambassador included himself, Ambassador
Separately, Volker told Ambassador Volker received a text message from Sondland, and Yermak. Ambassador
Sondland: ‘‘Giuliani was happy with Yermak, who asked him—and this is Volker initiated the chat a round 2:20
that meeting and it looks like things Yermak asking Volker: that day. This is Volker chatting with
are turning around’’—a reference to Hi Kurt. How are you? Do you have some Sondland and Yermak. It is a three-
Volker’s hope that satisfying Giuliani news about White House meeting date? way chat.
would break down President Trump’s Volker responds: Volker says:
reservations concerning Ukraine. Not yet—I texted Rudy earlier to make Hi, Andrey—
But things had not turned around by sure he weighs in following your meeting. Meaning Yermak.
the end of that first week of August, by Gordon— We have all consulted here, including with
August 7. The aid was still on hold, and Meaning Sondland. Rudy. Can you do a call later today or to-
there had been no movement on setting morrow your afternoon time?
should be speaking with the president on
a date for the White House meeting. Friday. We are pressing this.
Ambassador Volker then reaches out Sondland says:
to Giuliani to try to get things moving. There is Gordon Sondland, who is I have a call [scheduled] at 3 pm Eastern
‘‘pressing this.’’ This is the man you for the three of us. Ops will call.
Ambassador Volker texts Giuliani to
recommend that he report to ‘‘the have heard from already—Gordon Call records obtained by the commit-
boss,’’ meaning President Trump, Sondland, the man who says: It was ab- tees show that on August 9 Ambassador
about his meeting with Yermak in Ma- solutely a quid pro quo. You have Sondland twice connected with phone
drid. Specifically, he wrote—this is asked about a quid pro quo. There was lines associated with the White
Volker writing to Giuliani: a quid pro quo about this White House House—once in the early afternoon for
Hi, Rudy. Hope you made it back safely. meeting. about 18 minutes and once in the late
Let’s meet if you are coming to DC. It would This is what they are talking about afternoon for about 2 minutes. We
be good if you could convey results of your right here. Gordon will be ‘‘speaking know that Ambassador Sondland had
meeting in Madrid to the boss so we can get with the president on Friday. We are direct access to President Trump.
a firm date for the visit. pressing this.’’ After all this activity, Ambassador
So this is Ambassador Volker fol- Ambassador Volker’s contact with Sondland and Volker thought they had
lowing up with Giuliani. Giuliani has Giuliani spurred a flurry of commu- a breakthrough—finally, a break-
met with the top aide to the President nications. The patterns of calls from through. Minutes after this call, which
SSpencer on DSKBBXCHB2PROD with SENATE

of Ukraine in Madrid. He wants August 8 strongly suggest Giuliani was was likely with Tim Morrison about a
Giuliani to convey to the boss—to attempting to call the White House to possible date for the White House
Trump—how good that meeting in Ma- speak to a senior White House official, meeting, Ambassador Volker and
drid was about the investigations so left a message, then had a 4-minute Sondland discussed the agreement they
they can get the President of Ukraine call with that official later that night. believed they had reached and started
in the door at the White House. We don’t know from the call records with Sondland in this text message:
Now, think about how unusual this who that White House official was, but Morrison ready to get dates as soon as
is. This is the President’s personal law- recall that Giuliani has publicly stated Yermak confirms.

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S473
Volker says: So you have had this standoff where Hi Rudy—we have heard bCk [sic] from
Excellent!! How did you sway him? each is trying to get the deliverable Andrey again—they are writing the state-
first, but there is no debate about what ment now and will send it to us. Can you
Sondland says: talk for 5 min before noon today?
Not sure I did. I think potus really wants the deliverable is on either side. There
is no debate about the quid pro quo And Giuliani says:
the deliverable.
here: You give me this; I will give you Yes just call.
We know what that ‘‘deliverable’’ is.
that. You give me the White House That is August 11.
It is the political investigations.
meeting; I will give you the public an- On the next day, August 12, Yermak
Volker says:
nouncement of the investigation into sent Ambassador Volker an initial
But does he know that?
your political rival. version of the draft statement by text.
And Sondland says: No, no, no. You give me the an- Notably, as we saw earlier, this state-
Yep. Clearly lots of convos— nouncement of the investigation into ment from the Ukrainians doesn’t ex-
Meaning conversations. my rival, and then I will give you the plicitly mention Burisma, Biden, or
going on. meeting. 2016—election investigations that the
The only debate here is about which President has been seeking.
Volker says:
comes first. You can see what is going on here
OK—then that’s good it’s coming from two August 10, Yermak texts Volker:
separate sources. now. There was this game of chicken.
I think it’s possible to make this declara- You go first.
Ambassador Sondland told the com- tion and mention all these things. Which we No, we’ll go first. You give us the
mittees that the deliverable required discussed yesterday. But it will be logic to
date, and we will give you the state-
by President Trump was a press state- do after we receive a confirmation of date.
We inform about date of visit about our ex- ment.
ment from President Zelensky commit- No, you give us the statement, and
ting to do the investigations into the pectations and our guarantees for future
visit. Let discuss it. we will give you the date.
Bidens and the allegation of Ukraine And now, realizing, OK, they have to
election interference that President Ambassador Volker responded that
he agreed but that first they would give the statement first, Ukraine tries
Trump mentioned on July 25. But Tim to give them a generic statement that
Morrison testified that he didn’t know have to iron out a statement and use
that to get a date, after which Presi- doesn’t really go into specifics about
anything about the deliverable; he was these investigations. And why? You
just involved in trying to schedule the dent Zelensky would give the state-
ment. The two decided to have a call can imagine why. Ukrainians don’t
White House meeting, which everyone want to have to go out in public and
wanted to schedule as a sign of support the next day and to include Ambas-
sador Sondland. say they are going to do these inves-
for President Zelensky and our ally tigations, because they are not stupid,
Yermak texts Ambassador Volker:
Ukraine. But Trump’s agents wouldn’t because they understood this would
Excellent.
just accept Ukraine’s word for it. Once we have a date, will call for a press pull them right into U.S. Presidential
Ambassador Sondland then rec- briefing, announcing upcoming visit and out- politics. It was intended to, which isn’t
ommended to Ambassador Volker that lining vision for the reboot of the US- in Ukraine’s interests. It is not in our
Yermak share a draft of the press UKRAINE relationship, including, among
interests either, and Ukraine under-
statement to ensure that the state- other things, Burisma and election meddling
in investigations. stood that. And so they resisted.
ment would comport with the Presi- First they resisted having to do the
dent’s expectations. Yermak was also in direct contact
public statement, and then they want-
Here, on August 9—we are still less with Ambassador Sondland regarding
ed to make sure they got the deliver-
than 2 weeks after the July 25 call; I this revised approach. In fact, he sent
able, and then, when they had to make
guess we are about 2 weeks—Sondland Ambassador Sondland the same text
the statement, they didn’t want to be
says in this message: message.
Ambassador Sondland kept the lead- specific—for one thing, for another
To avoid misunderstandings, might be thing. This was what Zelensky cam-
helpful to ask Andrey for a draft statement ership of the State Department in the
(embargoed) so that we can see exactly what loop. On August 10, he told Ambassador paigned on. He was going to fight cor-
they propose to cover. Even though Ze— Volker that he had reported to T. ruption. He was going to end political
Ulrich Breckbull, Counselor of the De- investigations, so he didn’t want to be
Referring to Zelensky.
partment of State, who, Sondland tes- specific.
does a [live] presser they can still summarize He sends this statement that doesn’t
in a brief statement. Thoughts? tified, frequently consulted with Sec-
retary Pompeo. have the specific references. Ambas-
And Volker says: sador Volker explained during his tes-
Agree!
Sondland wrote to Volker: I briefed
Ulrich. All good. So Ulrich is in the timony that was not what Giuliani was
At his deposition, Ambassador loop. requesting, and it would not satisfy
Sondland said that he suggested re- Sondland and Volker continued to Giuliani or Donald Trump.
viewing a written summary of the pursue the statement from Zelensky on Presumably, if the President was in-
statement because he was concerned the investigations. The next day, Am- terested in corruption, that statement
that President Zelensky would say bassador Sondland emails Breckbull would have been enough. But all he was
whatever he would say on live tele- and Lisa Kenna, the State Depart- interested in was an investigation or
vision, and it still wouldn’t be good ment’s Executive Secretary, about ef- an announcement of an investigation
enough for Rudy/the President. forts to secure a public statement and into his rival and this debunked theory
Yermak, in turn, was concerned that a big presser from President Zelensky. about 2016.
the announcement would still not re- Sondland hoped it might ‘‘make the The conversation that Volker re-
sult in the coveted White House meet- boss happy enough to authorize an in- ferred to in his earlier testimony took
ing. On August 10, Yermak texted vitation.’’ place on the morning of August 13,
Volker, attempting to schedule a White After first being evasive on the topic, when Giuliani made clear that the spe-
House meeting before the Ukrainian Secretary Pompeo has subsequently ac- cific investigations related to
President made a public statement in knowledged that he listened in on the Burisma—code for Bidens—and the 2016
support of the investigations into July 25 call. election had to be included in order to
Burisma and the 2016 election. Since he was on the call, Pompeo get the White House meeting.
SSpencer on DSKBBXCHB2PROD with SENATE

You can see what is going on here. must have understood what would The Americans sent back to the
The President and his agent, Giuliani, make the boss—that is, the President— Ukrainian top aide a revised draft that
want this public statement of the in- happy enough to schedule a White includes now the two investigations.
vestigations before they will give a House meeting. You have seen the side-by-side. This
date. And the Ukrainians want a date Again, everyone was in the loop. On was then the essence of the quid pro
before they have to commit to making August 11, Ambassador Volker sent quo regarding the meeting. This direc-
public they are going to do the inves- Giuliani a text message. This is Volker tion came from President Trump. Here
tigations. to Giuliani: is how Ambassador Sondland put it.

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S474 CONGRESSIONAL RECORD — SENATE January 22, 2020
(Text of Videotape presentation:) dent, Ambassador Volker testified that sion that the security assistance hold was
Ambassador SONDLAND. Mr. Giuliani’s he agreed with Yermak’s concerns and somehow connected to the investigations
requests were a quid pro quo for arranging a advised him that making those specific that President Trump wanted. How did you
White House visit for President Zelensky. conclude—how did you make—reach that
references was not a good idea because
Mr. Giuliani demanded that Ukraine make a clear conclusion?
making those statements might look Ambassador HOLMES. Sir, we’ve been
public statement announcing the investiga-
tions of the 2016 election DNC server and
like it would play into our domestic hearing about the investigation since
Burisma. Mr. Giuliani was expressing the de- politics. March—months before—and President
sires of the President of the United States, Without specific references to the po- Zelensky had received a congratulatory let-
and we knew these investigations were im- litically damaging investigations that ter from the president saying he would be
portant to the President. Trump demanded, the agreement just pleased to meet him following his inaugura-
According to witness testimony, as wouldn’t work. Ukraine did not release tion in May.
the statement and, in turn, the White And we had been unable to get that meet-
you might imagine, Ukrainian officials
ing. And then the security hold came up with
were very uncomfortable with a draft House meeting was not scheduled. As it no explanation.
that Giuliani, Volker, and Sondland turns out, Ambassadors Sondland and And I’d be surprised if any of the Ukrain-
were negotiating. They understood Volker did not achieve the break- ians—we discussed earlier, you know, they’re
that the statement was the deliverable through after all. sophisticated people—when they received no
that President Trump wanted, but Let’s go into what finally breaks the explanation for why that hold was in place,
yielding to President Trump’s demands logjam because that involves the mili- they would have drawn that conclusion.
would, in essence, force President tary aid. With efforts to trade a White GORDON. Because the investigations were
Zelensky to break his promise to the House meeting for a press statement still being pursued?
Ukrainian people to root out corrup- announcing the investigations tempo- Ambassador HOLMES. Right.
GORDON. And the hold was still remaining
tion because politically motivated in- rarily scuttled, Sondland and Volker
without explanation?
vestigations are the hallmark of the go back to the drawing board. On Au- Ambassador HOLMES. Right.
kind of corruption that Ukraine has gust 19, Ambassador Sondland told GORDON. So this to you was the only log-
been plagued with in the past. Volker that he drove the larger issue ical conclusion that you could reach?
Mr. Yermak tried to get some con- home with Yermak, President Ambassador HOLMES. Right.
firmation that the requested investiga- Zelensky’s top aide, particularly that GORDON. Sort of like 2 plus 2 equals 4?
tions were legitimate. Yermak asked this was now bigger than a White Ambassador HOLMES. Exactly.
Volker ‘‘whether any request had ever House meeting—bigger than just the Mr. Manager SCHIFF. Sondland ex-
been made by the U.S. to investigate White House meeting and was about plained the predicament he believed he
election interference in 2016’’; in other the relationship per se. It is not just faced with a hold on aid to Ukraine.
words, whether any request had been about the meeting anymore; it is about (Text of Videotape presentation:)
made by any official U.S. law enforce- everything. Ambassador SONDLAND. As my other
ment agency through formal channels By this time in late August, the hold State Department colleagues have testified,
as you would expect if it were a legiti- on security assistance had been in this security aid was critical to Ukraine’s
mate request. place more than a month, and there defense and should not have been delayed. I
Ambassador Volker, trying to find a was still no credible explanation of- expressed this view to many during this pe-
satisfactory answer, on August 15, fered by the White House despite some, riod, but my goal at the time was to do what
Volker’s assistant asked Deputy As- like Ambassador Sondland, repeatedly was necessary to get the aid released, to
sistant Secretary George Kent whether asking. There were no interagency break the logjam. I believed that the public
there was any precedent for such a re- statement we have been discussing for weeks
meetings since July 31, and the Defense was essential to advancing that goal.
quest for investigations. At his deposi- Department had withdrawn its assur- You know, I really regret that the Ukrain-
tion, Kent testified that ‘‘if you’re ask- ances that it could even comply with ians were placed in that predicament, but I
ing me, have we ever gone to the the law, which, indeed, it couldn’t. do not regret doing what I could to try to
Ukrainians and asked them to inves- Every agency in the administration op- break the logjam and to solve the problem.
tigate or prosecute individuals for po- posed the hold. As the Government Ac- Mr. Manager SCHIFF. On August 22,
litical reasons, the answer is, I hope we countability Office confirmed, con- Ambassador Sondland tried to break
haven’t, and we shouldn’t because that cerned DOD and OMB officials had been that logjam, as he put it, regarding
goes against everything that we are right that the President’s holding of both the security assistance hold and
trying to promote in the post Soviet the aid was an unlawful act, but Presi- the White House meeting. Ambassador
states for the last 28 years, which is dent Trump was not budging. Sondland described those efforts in his
promotion of the rule of law.’’ At the same time, despite the per- public testimony. Let’s listen to him
We are now on the next day, August sistent efforts of numerous people, again.
16. In a conversation with Ambassador President Trump refused to schedule
Bill Taylor, the U.S. Ambassador in (Text of Videotape presentation:)
the coveted White House visit with
Kyiv—Ambassador Taylor stepped in Ambassador SONDLAND. In preparation
President Zelensky until the investiga- for the September 1 Warsaw meeting, I asked
when Ambassador Yovanovitch was tions were announced that would ben- Secretary Pompeo whether a face-to-face
pushed out—Taylor ‘‘amplified the efit his campaign. conversation between Trump and Zelensky
same theme’’ and told Kent that Here is what Ambassador Sondland would help to break the logjam. This was
‘‘Yermak was very uncomfortable’’ said about the hold on funds and its when President Trump was still intending
with the idea of investigations and sug- link to the politically motivated inves- the travel to Warsaw.
gested it should be done officially and tigations in Ukraine. Specifically, on August 22nd, I emailed
put in writing. Secretary Pompeo directly, copying Secre-
(Text of Videotape presentation:)
As a result, it became clear to Kent tariat Kenna. I wrote—and this is my email
Ambassador SONDLAND. In the absence of to Secretary Pompeo. Should we block time
in mid-August that Ukraine was being any credible explanation for the suspension
pressured to conduct politically moti- in Warsaw for a short pull-aside for POTUS
of aid, I later came to believe that the re- to meet Zelensky? I would ask Zelensky to
vated investigations. Kent told Ambas- sumption of security aid would not occur look him in the eye and tell him that once
sador Taylor: ‘‘That’s wrong, and we until there was a public statement from Ukraine’s new justice folks are in place in
shouldn’t be doing that as a matter of Ukraine committing to the investigations of mid-September, that Zelensky—he,
U.S. policy.’’ the 2016 elections and Burisma, as Mr. Zelensky, should be able to move forward
SSpencer on DSKBBXCHB2PROD with SENATE

Ambassador Volker claimed that he Giuliani had demanded. publicly and with confidence on those issues
stopped pursuing the statement from Mr. Manager SCHIFF. From the Em- of importance to POTUS in the U.S. Hope-
the Iranians around this time because bassy in Kyiv, David Holmes reached fully, that will help break the logjam.
of the concerns raised by Zelensky’s the same conclusion—a conclusion as The secretary replied, yes.
aide. At his deposition and despite all simple as two plus two equals four. Mr. Manager SCHIFF. Sondland also
his efforts to secure a statement an- (Text of Videotape presentation:) explained that both he and Secretary
nouncing these very specific political GORDON. Mr. Holmes, you have testified Pompeo understood that issues of im-
investigations desired by the Presi- that by late August, you had a clear impres- portance to the President were the two

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S475
sham investigations the President tary assistance to Ukraine while the Ukrain- And do you know what? Just what
wanted to help his reelection efforts. ians were defending their country from Rus- they feared took place—the Russians
And that reference to the logjam sian aggression. Ambassador Bolton rec- moved across their border, and they re-
ommended that I send the first-person cable
meant both the security assistance and main an occupied party in Ukraine.
to Secretary Pompeo directly, relaying my
the White House meeting. concerns. That is the word of America we gave,
At the end of August, National Secu- and we are breaking that word. Why?
rity Advisor John Bolton arrived in Mr. Manager SCHIFF. Now, in the
For help on a political campaign?
Ukraine for an official visit. David State Department, sending a first-per- Ambassador Taylor was exactly
Holmes took notes in Bolton’s meeting son cable is an extraordinary step. right. That is crazy. It is worse than
and testified about Ambassador State Department cables are ordinarily crazy. It is repulsive. It is repugnant.
Bolton’s message to the Ukrainians. written in the third person, as Ambas- It breaks our word. To do it in the
(Text of Videotape presentation:) sador Taylor testified at his deposition. name of these corrupt investigations is
Ambassador HOLMES. Shortly thereafter,
Sending a first-person cable gets atten- also contrary to everything we espouse
on August 27th, Ambassador Bolton visits tion because there are not many first- around the world.
Ukraine and brought welcome news that person cables that come in. In fact, in I used to be part of a commission in
President Trump had agreed to meet Presi- his decades of diplomatic service, he the House on democracy assistance,
dent Zelensky on September 1st in Warsaw. had never written a single one until where we would meet with parliamen-
Ambassador Bolton further indicated that now.
the hold on security assistance would not be tarians, and I know my Senate col-
Taylor sent that cable on August 29. leagues do much the same thing. We
lifted prior to the Warsaw meeting, where it
Would you like me to read that to you would urge our colleagues to observe
would hang on whether President Zelensky
was able to ‘‘favorably impress President right now? I would like to read it to the rule of law, not to engage in polit-
Trump.’’ you right now, except I don’t have it ical investigations and prosecutions. I
Mr. Manager SCHIFF. Let’s think because the State Department don’t know how we make that argu-
about that for a minute—unless you wouldn’t provide it, but if you would ment now. I don’t know how we look
have something further to say. Let’s like me to read it to you, we can do our allies or these burgeoning democ-
think about that for a minute. Bolton something about that. We can insist on racies in the face or our fellow parlia-
further indicated that the hold on secu- getting that from the State Depart- mentarians and make that argument
rity assistance would not be lifted ment. If you would like to know what now. I wouldn’t make that argument
prior to the Warsaw meeting where it John Bolton had in mind when he now.
would hang on whether President thought that Zelensky could favorably Testimony indicated that Secretary
Zelensky was able to ‘‘favorably im- impress the President in Warsaw, we Pompeo eventually carried that cable
press’’ President Trump. can find that out, too, just for the ask- into the White House, but there is no
What do you think would favorably ing in a document called a subpoena. evidence that those national security
impress President Trump? What were Taylor sends that cable on August 29. concerns that they don’t want you to
the only two things that President The State Department did not provide see were able to outweigh the Presi-
Trump asked of President Zelensky? that cable to us in response to a sub- dent’s personal interest in his getting
What were the two things that Rudy poena, but witnesses who reviewed it foreign help in his reelection cam-
Giuliani was asking of President described it as a powerful message that paign. There is no evidence at all.
Zelensky and his top aides? What described the folly—the folly—of with- Now we get to August 28.
would favorably impress Donald holding military aid from Ukraine at a POLITICO was the first to publicly
Trump? time when it was facing incursion from report that President Trump had im-
Would Donald Trump be favorably Russian forces in eastern Ukraine. plemented a hold on nearly $400 million
impressed if President Zelensky were That cable also sought to explain that of U.S. military assistance to Ukraine
to tell him about this new corruption U.S. assistance to Ukraine was vital to that had been appropriated by Con-
court or new legislation in Marada or U.S. national security as well. gress. Now that the worst kept secret
how negotiations with the Russians Now, why don’t they want you to see was public, Ukrainian officials imme-
were going or how they are bringing that cable? Maybe they don’t want you diately expressed their alarm and con-
about defense reform? to see that cable because that cable cern to their American counterparts.
Had any of those things ever come up from a Vietnam veteran describes just As witnesses explained, the Ukrain-
in any of these text messages, any of how essential that military assistance ians had two serious concerns.
these emails, any of these phone calls, was not just to Ukraine; maybe they One, of course, was the aid itself,
any of these conversations? Of course don’t want you to see that cable be- which was vital to their ability to fight
not. Of course not. There was only one cause it describes just how important off Russia. In addition, they were wor-
thing that was going to favorably im- that military assistance is to us—to us. ried about the symbolism of the hold;
press President Trump in Warsaw, and The President’s counsel would love that it signaled to Russia and Vladimir
that is if Zelensky told him to his face: you to believe that this is just about Putin that the United States was wa-
I am going to do these political inves- Ukraine. You don’t need to care about vering in its support for Ukraine. Wit-
tigations. I don’t want to do them. You Ukraine. Who cares about Ukraine? nesses testified that this was a division
know I don’t want to do them. I re- How many people can find Ukraine on that Russia could and would exploit to
sisted doing them, but I am at war a map? Why should we care about drive a further wedge between the
with Russia, and I can’t wait anymore. Ukraine? Well, we should care about United States and Ukraine to its ad-
I can’t wait anymore. I am sure that Ukraine. They are an ally of ours. If it vantage.
would have impressed Donald Trump. matters to us, we should care about the The second concern was likely why
But the meeting between the two fact that, in 1994, we asked them to Ukrainian officials had wanted the
Presidents never happened in Warsaw. give up their nuclear weapons that hold to remain a secret in the first
President Trump canceled the trip at they had inherited from the Soviet place—because it would add to the neg-
the last moment. Before Bolton left Union, and they didn’t want to give ative impact to Ukraine if the hold
Kyiv, Ambassador Taylor asked for a them up, and we were worried about itself became public. It is bad enough
private meeting. Ambassador Taylor proliferation. that the President of the United States
explained that he was extremely con- We said: Hey, if you give them up, put a hold on their aid. It was going to
SSpencer on DSKBBXCHB2PROD with SENATE

cerned about the hold on security as- which you don’t want to do because be far worse if it became public as, in-
sistance. He described the meeting to you are worried the Russians might in- deed, it did.
us during his testimony. vade if you give them up, we will help Andriy Yermak, the same Zelensky
(Text of Videotape presentation:) assure your territorial integrity. aide, sent Ambassador Volker a link to
Ambassador TAYLOR. Near the end of Am- We made that commitment. I hope the POLITICO story and then texted:
bassador Bolton’s visit, I asked to meet him we care about that. I hope we care ‘‘Need to talk with you.’’
privately, during which I expressed my seri- about that because they did give them Other Ukrainian officials also ex-
ous concern about the withholding of mili- up. pressed concerns to Ambassador Volker

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S476 CONGRESSIONAL RECORD — SENATE January 22, 2020
that the Ukrainian Government was At that suggestion, I winced. My reaction dent Pence before his meeting with Presi-
being singled out and penalized for was, ‘‘Oh, God. I don’t want to see those two dent Zelensky in Warsaw and that you raised
some reason. things combined.’’ a concern you had, as well, that the security
The next day, August 31, Senator assistance was being withheld because of the
Well, what do we think that reason President’s desire to get a commitment from
was? Why were they being singled out? JOHNSON spoke by phone with Presi-
Zelensky to pursue these political investiga-
Why was that country being singled dent Trump regarding the decision to
tions. What did you say to the Vice Presi-
out? That was the one country that withhold aid to Ukraine. According to dent?
this President could lever for help the Wall Street Journal, President Ambassador SONDLAND. I was in a brief-
against an opponent he feared. That is Trump denied the quid pro quo that ing with several people, and I just spoke up,
why Ukraine was being singled out. Senator JOHNSON had learned of from and I said: It appears that everything is
Ambassador Sondland. At the same stalled until this statement gets made. It
On August 29, Yermak also contacted
time, however, President Trump re- was something—words to that effect. That’s
Ambassador Taylor. Yermak said the what I believe to be the case based on, you
Ukrainians were very concerned about fused to authorize Senator JOHNSON to
know, the work that the three of us had been
the hold on military assistance. He tell Ukrainian officials on his upcom-
doing—Volker, Perry, and myself—and the
said that he and other Ukrainian offi- ing trip to Kyiv that the aid would be Vice President nodded like, you know, he
cials would be willing to travel to forthcoming. heard what I said, and that was pretty much
The message that Ambassador it as I recall.
Washington to explain to its officials
Sondland communicated to Senator Mr. Manager SCHIFF. Everyone was
the importance of this assistance.
JOHNSON mirrored that used by Presi- in the loop. Ambassador Sondland tes-
Ambassador Taylor, who was on the
dent Trump during the July 25 call
ground in Ukraine, explained the tified that Vice President PENCE was
with President Zelensky in which
Ukrainian viewpoint and, frankly, neither surprised nor dismayed by the
President Trump twice asked the
their desperation. description of this quid pro quo.
Ukrainian leader to get to the bottom At the beginning of the bilateral
(Text of Videotape presentation:) of it, including in connection to an in-
Ambassador TAYLOR. In September, the meeting between President Zelensky
vestigation into the debunked con-
Minister of Defense, for example, came to and Vice President PENCE, as expected,
spiracy theory of Ukrainian inter-
me—I would use the word—‘‘desperate’’ to the first question from President
ference in the 2016 election. It also mir-
figure out why the assistance was being held. Zelensky related to the status of the
He thought that perhaps, if he went to Wash- rored the language of the text message
security assistance.
ington to talk to you—to talk to the Sec- that Ambassador Volker sent to Presi- As Vice President PENCE’s aide Jen-
retary of Defense, to talk to the President— dent Zelensky’s aide just before the nifer Williams testified, President
he would be able to find out and reassure— July 25 call. Zelensky explained that just equally
provide whatever answer was necessary to Indeed, despite the President’s self-
with the financial and fiscal value of
have that assistance released. serving denials, the message was clear:
the assistance, that it was the sym-
Mr. Manager SCHIFF. Without any President Trump wanted the investiga-
tions, and he would withhold not one bolic nature of that assistance that
official explanation for the hold, Amer- really was the show of U.S. support for
ican officials could provide little reas- but two acts vested in him by the
power of his office in order to get them. Ukraine and for Ukraine’s sovereignty
surance to their Ukrainian counter- and territorial integrity.
parts. It has been publicly reported Now begins September, September 1.
The President was supposed to go to Later that day, Vice President PENCE
that President Trump, Secretary spoke to the President about his meet-
Esper, and Secretary Pompeo met in Warsaw, as we know, but he does not
go to Warsaw. MIKE PENCE goes to War- ing with President Zelensky, but the
late August and that they all implored hold on security assistance remained in
the President to release the aid, but saw. Jennifer Williams, the special ad-
viser to the Vice President for Europe place well after Vice President PENCE
President Trump continued to refuse to returned from Warsaw.
and Russia, learned of the change in
release the aid. After the Warsaw meeting with Vice
the President’s travel plans on August
As of August 30, the President was President PENCE, Ambassador
29. The Vice President’s National Secu-
clearly directing the OMB to continue Sondland quickly pulled aside Andriy
rity Advisor asked, at the request of
the hold on security assistance. In doc- Yermak, Zelensky’s top aide, and in-
Vice President PENCE, for an update on
uments reviewed by just security but formed him that the aid would not be
the status of the security assistance
withheld from the Congress by the forthcoming until Ukraine publicly an-
that had just been publicly revealed in
OMB on the President’s instructions, nounced the two investigations that
POLITICO and would be a critical issue
OMB official Michael Duffey emailed President Trump wanted.
during the bilateral meeting between
DOD Comptroller Elaine McCusker So here we are, after the meeting—
the Vice President and President
that there is ‘‘clear direction from right after the meeting. They are still
Zelensky in Warsaw.
POTUS to continue the hold.’’ The delegation arrived in Warsaw in Warsaw, and Zelensky pulls aside his
So here we are on August 30. A and gathered in a hotel room to brief Ukrainian counterpart, Yermak, and
month after that July 25 call, aid is Vice President PENCE before he met explains the aid is not coming until the
still being withheld. Ukrainians are with the Ukrainian President. National investigations are announced.
still holding on, still not willing to ca- Security Advisor Bolton led the meet- (Text of Videotape presentation:)
pitulate, not willing to violate ing. Ambassador SONDLAND. Based on my pre-
Zelensky’s whole campaign pledge As Williams described it, advisers in vious communication with Secretary
about not engaging in corrupt inves- Pompeo, I felt comfortable sharing my con-
the room ‘‘agreed on the need to get a
tigations. cerns with Mr. Yermak. It was a very, very
final decision on security assistance as brief, pulled aside conversation that hap-
On that same day, August 30, Repub- soon as possible so that it could be im- pened within a few seconds. I told Mr.
lican Senator RON JOHNSON spoke with plemented before the end of the year, Yermak that I believed that the resumption
Ambassador Sondland to express his but Vice President PENCE did not have of U.S. aid would likely not occur until
concern about President Trump’s deci- authority from the President to release Ukraine took some kind of action on the
sion to withhold military assistance to the aid.’’ public statement that we have been dis-
Ukraine. Senator JOHNSON described Ambassador Sondland also attended cussing for many weeks.
that call in an interview with the Wall that briefing. At the end of it, he ex- Mr. Manager SCHIFF. Let’s let that
Street Journal. pressed concern directly to Vice Presi- sink in for a minute too.
SSpencer on DSKBBXCHB2PROD with SENATE

According to Senator JOHNSON, Am- dent PENCE about the security assist- You have heard my colleagues at the
bassador Sondland told him that if ance being held until the Ukrainians other table say: Ukrainians felt no
Ukraine would commit to ‘‘get to the announced the very same politically pressure. There is no evidence they felt
bottom of what happened in 2016—if motivated investigations at the heart any pressure.
President Trump has that confidence— of this scheme. Of course, we have already had testi-
then he will release the military spend- (Text of Videotape presentation:) mony about how they did feel pressure,
ing.’’ Chairman SCHIFF. You mentioned that and they didn’t want to be drawn into
Senator JOHNSON added: you also had a conversation with Vice Presi- this political campaign. You saw over

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S477
and over in these text messages and would be happy to read you that Well, you know what that means,
emails: No, you go first. You announce. record. It is there for your asking. Of right? You get a text message that is
No, you go first. Yet we are supposed to course the President has refused to putting it in black and white:
believe they felt no pressure? There it provide that record. Are we saying security assistance
is. It breaks out into the open. The Precisely why did Ambassador and the White House meeting are con-
military aid is being withheld, and Bolton direct Morrison to tell the law- ditioned on investigations?
there is a connection between the hold- yers, talk to the lawyers? Would you Call me.
ing of the military aid and these inves- like Ambassador Bolton to tell you In other words, don’t put this in writ-
tigations. why he said that? He would be happy to ing; call me.
The first thing they are asking tell you why he said that. He is there Ambassador Taylor did, in fact, call
about—and they send the copy of the for your asking. Sondland. Informed by notes he took at
article—is: What is happening with this What did Bolton know about the the time of the call, he summarized
aid? They are ready to come to DC to freeze in aid prior to this meeting in that conversation as follows.
plead for the aid. They go to Warsaw. Warsaw? What did he mean that he can (Text of Videotape presentation:)
They meet with the Vice President. press Zelensky—it is going to depend Ambassador TAYLOR. During that phone
The first question is the aid. on whether you can press Zelensky? call Ambassador Sondland told me that
And what happens after that meet- Would you like to know what that President Trump had told him that he wants
meant? I would like to know what he President Zelensky to state publicly that
ing? Now, that was a big meeting, by Ukraine will investigate Burisma and al-
the way, with the Vice President and meant by that. I think we know what
leged Ukrainian interference in the 2016 elec-
the Ukrainian delegation. It is not he meant by that. tion.
likely, in front of all of those people, Tim Morrison also conveyed the sub- Ambassador Sondland also told me that he
the Vice President is going to bring it stance of the Sondland-Yermak pull- now recognized that he had made a mistake
up. aside to his colleague Ambassador Tay- by earlier telling Ukrainian officials that
So Sondland goes up to his counter- lor. So this is now Tim Morrison told only a White House meeting with President
part right after that, on the sidelines by Bolton ‘‘go talk to the lawyers,’’ Zelensky was dependent on a public an-
and he talks to, also, Ambassador Tay- nouncement of the investigation. In fact,
of that meeting, and he says basically: Ambassador Sondland said, ‘‘Everything was
Ya ain’t getting the money until you lor, our Ambassador in Ukraine.
dependent on such an announcement, includ-
do the investigations. (Text of Videotape presentation:)
ing security assistance.’’
And we are to believe they felt no Ambassador TAYLOR. On the evening of He said that President Trump wanted
pressure? Folks, they are at war. They September 1st, I received a readout of the President Zelensky in a public box when
Pence-Zelensky meeting over the phone from making a public statement about ordering
are at war, and they are being told:
Mr. Morrison during which he told me that such investigations.
You are not getting $400 million in aid President Zelensky had opened the meeting
you need unless you do what the Presi- by immediately asking the Vice President Mr. Manager SCHIFF. Ambassador
dent wants, and what the President about the security cooperation. The Vice Taylor testified that his contempora-
wants are these two investigations. President did not respond substantively but neous notes of the call reflect that
If you don’t believe that is pressure, said that he would talk to President Trump Sondland used the phrase ‘‘public box’’
that is $400 million worth of pressure, I that night. The Vice President did say that to describe President Trump’s desire to
got a bridge I want to sell you. President Trump wanted the Europeans to ensure that the initiation of his desired
It is hard for to us put ourselves in do more to support Ukraine and that he investigations was announced publicly.
wanted the Ukrainians to do more to fight
the Ukrainians’ position. I mean, imag- A private commitment was not good
corruption.
ine if the eastern third of our country During the same phone call with Mr. Mor- enough.
were occupied by an enemy force, and rison, he described the conversation Ambas- The State Department has Ambas-
we are beholden to another country for sador Sondland had with Mr. Yermak in sador Taylor’s extensive notes, and of
military aid, and they are saying: You Warsaw. Ambassador Sondland told Mr. course we would like to show them to
are not going to get it until you do Yermak that the security assistance money you to corroborate his testimony, but
what we want. Do you think we would would not come until President Zelensky pursuant to the President’s instruc-
committed to pursue the Burisma investiga- tions, the State Department will not
feel pressure? I think we would feel
tion.
pressure, and that is exactly the situa- I was alarmed by what Mr. Morrison told turn them over.
tion the Ukrainians were in. me about the Sondland-Yermak conversa- You might recall from the tape yes-
You heard the other counsel say be- tion. terday that Ambassador Taylor said:
fore: Well, but they say they don’t feel Mr. Manager SCHIFF. Ambassador They’ll be shortly coming, I’m told.
pressure—like they are going to admit Taylor then explained why he was so Well, somebody countermanded that
they were being shaken down by the alarmed by this turn. Let’s hear that instruction. Who do we think that was?
President of the United States. You as well. But you should see them. If you have
think they feel pressure now, you (Text of Videotape presentation:) any question about what Sondland told
should see what kind of pressure they Mr. GOLDMAN. You said previously that Ambassador Taylor, if the President’s
would feel if they admitted that. you were alarmed to learn this. Why were counsel tries to create any confusion
Tim Morrison, the NSC official, wit- you alarmed? about what Sondland told Taylor about
nessed the conversation between Ambassador TAYLOR. It is one thing to his conversation with the President—
Sondland and Yermak from across the try to leverage a meeting in the White and, look, Sondland had one recollec-
House; it is another thing, I thought, to le-
room and immediately thereafter re- tion in his deposition and another
verage security assistance—security assist-
ceived the summary from Ambassador ance to a country at war dependent on both recollection in the first hearing and an-
Sondland. He reported the substance of the security assistance and the demonstra- other recollection in the declaration.
that conversation to his boss, Ambas- tion of support. It was—it was much more You want to know exactly what hap-
sador Bolton. He told Morrison to alarming. The White House meeting was one pened in that conversation when it was
‘‘consult with the lawyers.’’ Go talk to thing, security assistance was much more fresh in Sondland’s mind and he told
the lawyers. alarming. Taylor about it and Taylor wrote it in
You know, if you keep getting told Mr. Manager SCHIFF. Upon learning his notes, you are going to want Tay-
you got to go talk to the lawyers, there from Mr. Morrison that the military lor’s notes.
is a problem. If things are perfect, you aid may be conditioned on Ukraine In any courtroom in America holding
SSpencer on DSKBBXCHB2PROD with SENATE

don’t get told ‘‘go talk to the lawyers’’ publicly announcing these two inves- a fair trial, you would want to see con-
time and again. tigations, Ambassador Taylor sends an temporaneous notes. This Senate
Morrison confirmed that he did talk urgent text message to Ambassador should be no different. Demand those
to the lawyers, in part to ensure there Sondland asking: ‘‘Are we now saying notes. Demand to see the truth. We are
was a record of what Ambassador that security assistance and White not afraid of those notes. We haven’t
Sondland was doing. That record exists House meeting are conditioned on in- seen them. We haven’t seen them.
within the White House. Would you vestigations?’’ And the response by Maybe those notes say something com-
like me to read you that record? I Ambassador Sondland: ‘‘Call me.’’ pletely different. Maybe those notes

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S478 CONGRESSIONAL RECORD — SENATE January 22, 2020
say no quid pro quo. Maybe those notes Sondland in fact talk to the President quo. President Trump did insist that Presi-
say it was a perfect call. I would like to when he said that he did, that, yes, in dent Zelensky go to a microphone and say he
see them. I am willing to trust Ambas- fact, he talked with the President. is opening investigations of Biden and 2016
election interference and that President
sador Taylor’s testimony and his recol- Every time he checked, he was able to Zelensky should want to do this himself.
lection. I would like to see them. I confirm it.
Now, let’s let this sink in for a Mr. Manager SCHIFF. OK, so here we
would like to show them to you. They
minute. According to Mr. Morrison’s have two witnesses taking contempora-
are yours for the asking.
testimony—former Republican staffer neous notes, both reflecting the same
On September 25, the Washington
conversation—a conversation between
Post editorial board reported concerns on the Armed Services Committee—he
Sondland and the President in which
that President Trump was withholding speaks with Sondland on September 7,
the President says, ‘‘No quid pro quo,’’
military assistance for Ukraine and a and Sondland says he has just gotten
but quid pro quo. There are documents
White House meeting in order to force off the phone with Trump, OK? So this
that prove this—documents that prove
President Zelensky to announce inves- is contemporaneous. Just got off the
this that are yours for the asking.
tigations of Vice President Biden and phone with him. Call is fresh in The following day, September 8,
purported Ukrainian interference in everybody’s mind. And what was said? Sondland texts Taylor and Volker to
the U.S. election. Morrison says Ambassador Sondland bring them up to speed on the con-
The Post editorial board wrote: related there was no quid pro quo but versations with President Trump and,
But we’re reliably told that the president President Zelensky had to make the subsequently, President Zelensky,
has a second and more venal agenda: He is statement and he had to want to do it. whom he spoke to after President
attempting to force Mr. Zelensky to inter- No quid pro quo, but there is a quid pro
vene in the 2020 U.S. presidential election by
Trump: ‘‘Guys, multiple conversations
quo. with Z,’’ meaning Zelensky. ‘‘POTUS.
launching an investigation of the leading Now, there are notes that show this.
Democratic candidate, Joe Biden. Mr. Trump Let’s talk.’’
There is a written record of this. There Sondland spoke to Taylor shortly
is not just soliciting Ukraine’s help with his
Presidential campaign; he is using U.S. mili- is a written record of what President after this text, according to Ambas-
tary aid the country desperately needs in an Trump told Ambassador Sondland sador Taylor. He testified again on his
attempt to extort it. right after that call. Would you like to real time notes. Let’s hear what he
So that is September 5. The Presi- see that written record? It is called Mr. said.
dent on notice: Scheme discovered. Morrison’s notes. It is right there for (Text of Videotape presentation:)
September 5. the asking. Ambassador TAYLOR. The following day
September 7, the evidence shows, These fine lawyers over here want to on September 8, Ambassador Sondland and I
President Trump has a call with Am- persuade you that call didn’t happen or spoke on the phone, and he confirmed he had
it wasn’t said or all he said was no quid talked with President Trump, as I suggested
bassador Sondland where the President a week earlier, but President Trump was ad-
made the corrupt argument for mili- pro quo; he never said, but you have to
amant that President Zelensky himself had
tary aid and the White House meeting go to the mic and you have to want to
to clean things up and do it in public. Presi-
even more explicit. do it. Well, there is a good way to find dent Trump said it was not a quid pro quo.
On September 7, Ambassador out what happened on that call because
Mr. Manager SCHIFF. It is all very
Sondland spoke to President Trump on it is in writing.
consistent here, what the President
the telephone. After that conversation, Is there any question why they are
said. No quid pro quo, but Zelensky
Ambassador Sondland called Tim Mor- withholding this from Congress? Is
must announce the investigations pub-
rison to update him on that conversa- there any question about that? Did it
licly, was what he was telling
tion. Unlike Sondland, who testified claim—well, Mr. Morrison didn’t claim
Sondland—no quid pro quo except for
that he never took notes, Morrison absolute immunity. Mr. Sondland the quid pro quo.
took notes of the conversation and re- didn’t claim absolute immunity. There The President’s attorneys would like
called it during his public testimony. is no absolute immunity over these you to remember the first half of that
Let’s listen. notes, no executive privilege over these sentence and would like to forget the
(Text of Videotape presentation:) notes. The notes have already been de- second half ever happened, but we don’t
scribed. The conversation has already have to leave our common sense at the
Attorney GOLDMAN. Now, a few days
later, on September 7, you spoke again to
been released. There is no even plau- door, and we don’t have to rely on an
Ambassador Sondland, who told you that he sible, arguable, invented, even, excuse incomplete description of that call. We
had just gotten off the phone with President for withholding these notes. Would you have instead the detailed notes of Mr.
Trump. Isn’t that right? like to see them? I will tell you, in any Morrison and Ambassador Taylor.
Mr. MORRISON. That sounds correct, yes. courtroom in America you would get to We also know what President Trump
Attorney GOLDMAN. What did Ambas- see them. This should be no different. told Sondland because Sondland re-
sador Sondland tell you that President It wouldn’t be any different in a fair
Trump said to him?
layed that message to President
trial anywhere in America. Zelensky. During the same September
Mr. MORRISON. If I recall this conversa-
tion correctly, this was where Ambassador
Morrison again informed Ambassador 8 conversation with Taylor, Sondland
Sondland related that there was no quid pro Bolton of this September 7 conversa- described his conversation with Presi-
quo but President Zelensky had to make the tion, and guess what Ambassador dent Zelensky.
statement and that he had to want to do it. Bolton said? I think you can probably Here is Ambassador Taylor’s account
Attorney GOLDMAN. And by that point, figure this out by now: Go talk to the of it.
did you understand that the statement re- lawyers. Go talk to the lawyers. And (Text of Videotape presentation:)
lated to Biden and the 2016 investigations? yet again, for the third time, Morrison Ambassador TAYLOR. Ambassador
Mr. MORRISON. I think I did, yes.
went to talk to the lawyers about this Sondland also said that he had talked with
Attorney GOLDMAN. And that that was President Zelensky and Mr. Yermak and had
essentially a condition for the security as- conversation with Ambassador
Sondland. told them that although this was not a quid
sistance to be released? pro quo, if President Zelensky did not clear
Mr. MORRISON. I understood that that’s Morrison also called Ambassador
things up in public, we would be at a stale-
what Ambassador Sondland believed. Taylor to inform him about the con- mate. I understood a stalemate to mean that
Attorney GOLDMAN. After speaking with versation, and we have the testimony Ukraine would not receive the much-needed
President Trump? from Ambassador Taylor about their military assistance.
Mr. MORRISON. That’s what he rep- conversation, which is also based on Ambassador Sondland said that this con-
SSpencer on DSKBBXCHB2PROD with SENATE

resented. versation concluded with President Zelensky


his contemporaneous notes.
Mr. Manager SCHIFF. I ask you to Let’s look at the conversation now agreeing to make a public statement in an
bear in mind that when Mr. Morrison between Mr. Morrison and Ambassador interview on CNN.
said that is what he represented, that Taylor. So not only did Ambassador
we asked Mr. Morrison about the Presi- (Text of Videotape presentation:) Sondland relate this conversation to
dent’s calls with Ambassador Ambassador TAYLOR. According to Mr. Mr. Morrison and Mr. Taylor, not only
Sondland, and he testified that every Morrison, President Trump told Ambassador did Ambassador Taylor and Mr. Morri-
time he checked to see did Ambassador Sondland he was not asking for a quid pro son talk about it, but Sondland said he

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S479
relayed this conversation to Zelensky Here are the September 9 text mes- Sondland’s recollection of this con-
himself. Everyone was now in the loop sages. Taylor texts to Sondland: versation with President Trump, as I
on the military aid being withheld for The messages from the Ukrainians (and mentioned, has evolved over time. Ini-
the political investigations. Russians) we send with the decision on secu- tially, in his deposition, he testified
Taylor continued recalling the star- rity assistance is key. With the hold, we that the conversation with the Presi-
tling analogy Ambassador Sondland have already shaken their faith in us. Thus dent occurred between Taylor’s text of
used to describe President Trump’s ap- my nightmare scenario.
September 9th at 12:47, Washington
proach to Ukraine: Taylor goes on and says: time, and his response at 5 a.m. He re-
(Text of Videotape presentation:) Counting on you to be right about this called very little of the conversation at
Ambassador TAYLOR. During our meet- interview, Gordon. that time other than his belief that his
ing—during our call on September 8, Ambas- Meaning, if they do it, you darn well text message reflected President
sador Sondland tried to explain to me that better come through with the military Trump’s response.
President Trump was a businessman, and aid. Subsequently, though—and again,
when a businessman is about to sign a check And Sondland says: this is one of the reasons why you do
to someone who owes him something, the
Bill, I never said I was ‘‘right.’’ I said we depositions in closed session. Subse-
business man asks that person to pay up be-
are where we are and believe we have identi- quently, after the opening statements
fore signing the check. Ambassador Volker
fied the best pathway forward. Let’s hope it of the testimony of Ambassador Taylor
used the same language several days later
works.
while we were together at the Yalta Euro- and Mr. Morrison were released, which
pean strategy conference. I argued to both Taylor said: described in overlapping and painful
that the explanation made no sense. Ukrain- As I said on the phone, I think it is crazy detail Sondland’s conversation with
ians did not owe President Trump anything. to withhold security assistance for help with
President Trump on September 7, Am-
Mr. Manager SCHIFF. Ambassador a political campaign.
bassador Sondland submitted an adden-
Taylor testified that at the end of the Ambassador Taylor testified what he dum to his deposition testimony, which
Sondland-Zelensky conversation, meant. He said that to withhold that in relevant part said this:
President Zelensky said that he had re- assistance for no good reason other Finally, as of this writing, I cannot specifi-
lented and had agreed to do a CNN than to help with a political campaign cally recall if I had one or two phone calls
interview to announce the investiga- made no sense. It was counter- with President Trump in the September 6–9
tions. productive to all of what we were try- time frame. Despite repeated requests to the
So there was a breakthrough after ing to do. It was illogical. It could not White House and the State Department, I
all. The promised meeting wasn’t be explained. It was crazy. have not been granted access to all the
In response to Ambassador Taylor’s phone records, and I would like to review
enough. The withheld security assist-
text message, Sondland replies at those phone records along with any other
ance broke the logjam. Zelensky was notes and other documents that may exist to
going to go on CNN and announce the about 5 a.m. in Washington. So the
determine if I can provide a more complete
investigations. message from Taylor goes out at 12:47 testimony to assist Congress. However, al-
Taylor, though, remained concerned a.m. The message back from Sondland though I have no specific recollection of
that even if the Ukrainian leader did as comes at 5 a.m. So it looks like it phone calls during this period with Ambas-
President Trump required, President might be 5 hours later. sador Taylor and Mr. Morrison, I have no
Trump might continue to withhold the So Taylor has texted at 12:47 a.m.: reason to question the substance of their
vital U.S. security assistance in any As I said on the phone, I think it is crazy recollections about my September 1 con-
to hold security assistance for help with a versation with Mr. Yermak.
event. Ambassador Taylor texted his
political campaign. During his public testimony, Ambas-
concerns to Ambassador Volker and
Sondland stating: There he is again, putting it in writ- sador Sondland purported to remember
Ambassador TAYLOR. The nightmare is ing, for crying out loud. Hadn’t more of his conversation with Presi-
they give the interview and don’t get the se- Sondland said to call him about this dent Trump, although he still main-
curity assistance. The Russians love it. (And stuff? tained he couldn’t remember if it was
I quit.) So 5 hours later, you get this really on September 7 or September 9.
That is quite telling, too. interesting message from Sondland: According to his testimony, Presi-
What is Ambassador Taylor is wor- Bill, I believe you are incorrect about dent Trump did not specifically say
ried about? He is worried the Ukrain- President Trump’s intentions. The President there was a quid pro quo. But when
ians are finally going to agree to do it. has been crystal clear: no quid pro quo’s of Sondland simply asked the President
any kind. The President is trying to evaluate what he wanted from Ukraine, Presi-
They are going to make the announce- whether Ukraine is truly going to adopt
ment, and they are still going to get dent Trump immediately brought up a
transparency reforms that President
stiffed on the aid. Zelensky promised during his campaign. I
quid pro quo. According to Sondland,
In his deposition, Ambassador Taylor suggest we stop the back and forth by text. President Trump said:
elaborated: I want nothing. I want no quid pro quo. I
In other words, can you please stop
Ambassador TAYLOR. ‘‘The nightmare’’ is want Zelensky to do the right thing.
putting this in writing? Congress may And I said: What does that mean?
the scenario where President Zelensky goes read this one day. And he said: I want him to do what he ran
out in public, makes an announcement that
If you still have concerns, I recommend on.
he’s going to investigate Burisma and the in-
you give Lisa Kenna or S a call to discuss In his subsequent testimony, Ambas-
terference in the 2016 election, maybe among
them directly. Thanks. sador Sondland explained that Trump’s
other things. He might put that in some se-
ries of investigations. But . . . the night- As you can see Ambassador reference to what he ran on was a nod
mare was he would mention those two, take Sondland’s subsequent testimony re- to rooting out corruption. Here, how-
all the heat from that, get himself in big veals that this text and other denials ever, corruption, like Burisma, has be-
trouble in this country— of a quid pro quo were intentionally come code for the investigations that
Meaning the United States— false and simply designed to provide a President Trump has sought.
and probably in his country as well, and written record of a false explanation So you have got Ambassador
the security assistance would not be re- that could later be used to conceal Sondland’s emerging recollection.
leased. That was the nightmare. wrongdoing. What you got is actually written notes
If it were to happen, Taylor has testi- The text message said there were no taken at the time that he does not con-
fied, he would quit. quid pro quos of any kind, but you have test, written notes from Ambassador
SSpencer on DSKBBXCHB2PROD with SENATE

Early in the morning in Europe on seen his testimony. He swore under Taylor and Mr. Morrison, notes which I
September 9, which was 12:47 a.m. in oath. He was crystal clear when he said believe will reflect quite clearly the
Washington, DC, Ambassador Taylor there was a quid pro quo for the White understanding of ‘‘dirt for dollars’’
reiterated his concerns about the House meeting, and he subsequently that was confirmed by this telephone
President’s quid pro quo for security testified there was a quid pro quo for call to President Trump.
assistance in another series of text the security assistance, as well, as con- (Text of Videotape presentation:)
messages with Ambassadors Volker firmed by President Trump’s direction Mr. GOLDMAN. Well, you weren’t dis-
and Sondland. to him on September 7. suaded then, right? Because you still

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S480 CONGRESSIONAL RECORD — SENATE January 22, 2020
thought that the aid was conditioned on the other forces at work. Even before the public at the end of August, Congress,
public announcement of the investigation President’s freeze on U.S. military as- the press, and the public started to pay
after speaking to President Trump. sistance to Ukraine became public on more attention to President Trump’s
Ambassador SONDLAND. By September 8,
I was absolutely convinced it was.
August 28, Members of both Houses of activities with Ukraine. This risked ex-
Mr. GOLDMAN. And President Trump did Congress began to express concern. posing the scheme that you have heard
not dissuade you of that in the conversation On August 9, the Democratic leader- so much about today.
that you noted you had with him? ship of the House and Senate Appro- By now, the White House had learned
Ambassador SONDLAND. I don’t recall, be- priations Committee wrote to the OMB that the inspector general of the intel-
cause that would have changed my calculus. and the White House, warning that a ligence community had found that a
If President Trump had told me directly— hold on assistance might constitute an whistleblower complaint related to the
Mr. GOLDMAN. No, I’m not asking that. I illegal impoundment of funds. They same Ukraine matter was ‘‘credible’’
am just saying, you still believed the secu-
rity assistance was conditioned on the inves-
urged the Trump administration to fol- and ‘‘an urgent concern’’ and that they
tigation, after you spoke to President low the law and obligate the funds. were therefore required to send that
Trump; yes or no? When the news of the frozen aid complaint to Congress.
Ambassador SONDLAND. From a time- broke on August 28, congressional scru- On September 9, three House inves-
frame standpoint, yes. tiny of President Trump’s decision in- tigating committees sent a letter to
Mr. Manager SCHIFF. OK, so here we creased. On September 3, a group of White House Counsel Pat Cipollone,
have Sondland saying that whatever Senators, both Republicans and Demo- stating that President Trump and
his recollection may be about that call, crats, including Senator JEANNE SHA- Giuliani ‘‘appeared to have acted out-
he was still very clear what the Presi- HEEN, Senator ROB PORTMAN, Senator side legitimate law enforcement and
dent wanted and he was very clear DICK DURBIN, Senator RON JOHNSON, diplomatic channels to coerce the
there was a quid pro quo. That is con- and Senator RICHARD BLUMENTHAL sent Ukrainian government into pursuing
sistent, obviously, with what Mr. Mor- a letter to Acting White House Chief of two politically-motivated investiga-
rison had to say and Ambassador Tay- Staff Mick Mulvaney, expressing ‘‘deep tions under the guise of anti-corrup-
lor. In other words, he didn’t believe concerns . . . that the Administration tion activity.’’
President Trump’s denial of a quid pro is considering not obligating the The letter also said this: ‘‘If the
quo, and neither should you. Ukraine Security Initiative funds for President is trying to pressure Ukraine
Sondland’s understanding was fur- 2019.’’ into choosing between defending itself
ther confirmed by President Trump’s Two days later, as has been men- from Russian aggression without U.S.
own Chief of Staff. On October 17, in a tioned, on September 5, a Washington assistance or leveraging its judicial
press briefing at the White House, Mick Post editorial expressed concern that system to serve the ends of the Trump
Mulvaney admitted that President President Trump was withholding mili- campaign, this would represent a stag-
Trump withheld essential military aid tary assistance to Ukraine in order to gering abuse of power, a boon to Mos-
to Ukraine as leverage to pressure pressure President Zelensky to an- cow, and a betrayal of the public
Ukraine to investigate the conspiracy nounce these investigations. That was trust.’’
theory that Ukraine had interfered in the first public report linking the fro- The Chairs requested that the White
the 2016 election. zen security aid to the investigations House preserve all relevant records and
that Mr. Giuliani had been publicly produce them by September 16. This in-
Mr. MULVANEY. Those were the driving
factors. But he also mentioned to me that pressing for and that President Trump, cluded the transcript—or actually the
the corruption related to the DNC server. as we have heard, had privately urged call record of the July 25 call between
Absolutely, no question about it. But that is President Zelensky to conduct on the President Trump and President
it. That is why we held up the money. July 25 call. Zelensky.
Mr. Manager SCHIFF. When pressed That same day, Senators MURPHY Based on witness testimony, it looks
that he had just convinced them of the and JOHNSON met with President like the White House Counsel’s Office
very quid pro quo that President Zelensky in Kyiv. Ambassador Taylor circulated the committee’s document
Trump had been denying, Mulvaney went with them, and he testified—Mr. request around the White House. Tim
doubled down. Let’s listen to that. Taylor testified that President Morrison, a senior director at the Na-
(Text of Videotape presentation:) Zelensky’s ‘‘first question to the sen- tional Security Council, remembered
Question. But to be clear, what you just ators was about the withheld security seeing a copy of this letter. He also re-
described is a quid pro quo. It is: Funding assistance.’’ Ambassador Taylor testi- called that the three committees’
will not flow unless the investigation into fied that both Senators ‘‘stressed that Ukraine investigation was discussed at
the Democratic server happens as well. bipartisan support for Ukraine in a meeting of senior level NSC staff
Mr. MULVANEY. We do that all the time Washington was Ukraine’s most impor- soon after it was publicly announced.
with foreign policy. tant strategic asset and that President Lieutenant Colonel Vindman recalled
Mr. Manager SCHIFF. This evidence Zelensky should not jeopardize that bi- discussions among the NSC staff mem-
demonstrates that President Trump partisan support by getting drawn into bers that the investigation—and here is
withheld the security assistance and U.S. domestic politics.’’ a quote—‘‘might have the effect of re-
the White House meeting with Presi- Senator JOHNSON and Senator MUR- leasing the hold on Ukraine military
dent Zelensky until Ukraine made a PHY later submitted letters in which assistance because it would be poten-
public statement announcing the two they explained that they sought to re- tially politically challenging for the
investigations targeted to help his po- assure President Zelensky that there Administration to justify that hold to
litical reelection efforts. But as you was bipartisan support in Congress for Congress.’’
will learn next, he got caught, and a providing Ukraine with military assist- Later that same day, on September 9,
coverup ensued. ance and that they would continue to the inspector general informed the
Ms. Manager LOFGREN. Mr. Chief urge President Trump to lift the hold. House and Senate Intelligence Com-
Justice and Senators, thank you for Here is what they said in that letter. mittees he had determined that the
your patience. This is a lot of informa- Senator MURPHY said: ‘‘Senator whistleblower complaint that had been
tion, but you have a very important JOHNSON and I assured Zelensky that submitted on August 12 appeared to be
obligation, and that is, ultimately, to Congress wanted to continue this fund- credible, met the definition of urgent
decide whether the President com- ing, and would press Trump to release concern under the statute, and yet he
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mitted impeachable offenses. In order it immediately.’’ reported that for first time ever, the
to make that judgment, you have to And Senator JOHNSON in the letter Acting Director of National Intel-
have all of the facts. said: ‘‘I explained that I had tried to ligence was withholding this whistle-
We are going through this chro- persuade the President to authorize me blower complaint from Congress. That
nology. We are close to being done, but to announce the hold was released but violated the law, which required it to
it is important to know that while all that I was unsuccessful.’’ be in the Senate in 7 days. The Acting
of this material was going on and these As news of the President’s hold on Director later testified that his office
deals were being made, there were military assistance to Ukraine became initially withheld the complaint based

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S481
on advice from the White House in an Ms. Manager LOFGREN. Ambassador House can’t verify the news report, but
unprecedented intervention by the De- Taylor, the person in charge at the you could. You could do that if you
partment of Justice. U.S. Embassy in Kyiv who commu- could see these documents. You should
According to public reporting and nicated the decision to the Ukrainians, subpoena them, and there is no reason
testimony from the Acting DNI at a also never got an explanation. Here is not to see all of the relevant docu-
hearing before the House Intelligence what he said. ments.
Committee on September 26, the White (Text of Videotape presentation:) The lengthy delay created by Presi-
House had been aware of the whistle- Mr. GOLDMAN. Are you also aware, how- dent Trump’s hold prevented the De-
blower complaint for weeks prior to ever, that the security assistance hold was partment of Defense from spending all
the IG September 9 letter to the Intel- not lifted for another 10 days after this? congressionally appropriated funds by
ligence Committee. Ambassador TAYLOR. Finally, on Sep- the end of the fiscal year, as we have
Acting DNI Maguire testified that tember 11, I learned that the hold had been mentioned before. That meant the
when he received the whistleblower lifted and the security assistance would be funds were going to expire on Sep-
provided. I was not told the reason why the
complaint from the inspector general, hold was lifted.
tember 30 because, as we know, unused
his office contacted the White House funds do not roll over to the next fiscal
Counsel’s Office for guidance. Con- Ms. Manager LOFGREN. Mark year. This confirmed the fears ex-
sistent with Acting DNI Maguire’s tes- Sandy, a career officer at OMB, testi- pressed by Cooper, Sandy, and others—
timony, the New York Times has re- fied he only learned of the possible ra- concerns that were discussed within
ported that, in late August, the Presi- tionale for the hold in early September the relevant agencies in late July and
dent’s current defense counsel, Mr. after the Acting DNI had informed the throughout August.
Cipollone, and NSC lawyer, John White House about the whistleblower Ultimately, approximately $35 mil-
Eisenberg, personally briefed President complaint. lion of Ukraine military assistance—
Trump about the complaint’s existence Sandy testified that sometime in that is 14 percent of the DOD funds—re-
and told the President they believed early September he received an email mained unspent by the end of the fiscal
the complaint could be withheld from from his boss, Michael Duffey. Approxi- year. In order to make sure that
Congress on executive privilege mately 2 months after the hold had Ukraine did not permanently lose the
grounds. been placed, the email ‘‘attributed the $35 million of critical military assist-
On September 10, the next day, Am- hold to the President’s concern about ance that had been frozen by the White
bassador Bolton resigned from his posi- other countries not contributing more House, Congress had to pass a provision
tion as National Security Advisor. On to Ukraine’’ and requested ‘‘informa- on September 27—3 days before the
that same day, September 10, Chair- tion about what additional countries funds were to expire—to ensure that
man SCHIFF of the House Intelligence were contributing to Ukraine.’’ This the remaining $35 million could be sent
Committee wrote a letter to the Acting was a different explanation than OMB to Ukraine.
Director, demanding that he provide had provided at the July 26 interagency George Kent is an anti-corruption
the complaint as the law required. The meeting that referenced concerns and rule-of-law expert. He told us that
next day, on September 11, President about corruption. American anti-corruption efforts
Trump lifted the hold on the security The Lieutenant Colonel testified that prioritized building institutional ca-
assistance to Ukraine. none of the facts on the ground about pacity, support for the rule of law, not
Numerous witnesses have testified Ukrainian efforts to combat corruption the pursuit of individual investiga-
that they weren’t aware of any reason or other countries’ contributions to tions, particularly of political rivals.
why the hold was lifted, just that there Ukraine had changed before President Here is how he explained their ap-
was no explanation for the hold being Trump lifted the hold. proach.
implemented. There was no additional According to a press report, after (Text of Videotape presentation:)
review, no additional European con- Congress began investigating President Mr. KENT. U.S. efforts to counter corrup-
tribution, nothing to justify the Presi- Trump’s scheme, the White House tion in Ukraine focus on building institu-
dent’s change in his position, except he Counsel’s Office opened an internal in- tional capacity so that the Ukrainian Gov-
vestigation relating to the July 25 call. ernment has the ability to go after corrup-
got caught. Just as there was no offi- tion and effectively investigate, prosecute,
cial explanation for why the hold on The following slides provide excerpts
and judge alleged criminal activities using
Ukrainian assistance was imple- from a report in the Washington Post.
appropriate institutional mechanisms; that
mented, numerous witnesses testified As part of that internal investiga- is, to create and follow the rule of law. That
that they were not provided with any tion, White House lawyers reportedly means that if there are criminal nexuses for
reason for why the hold was lifted on gathered and reviewed hundreds of doc- activity in the United States, U.S. law en-
September 11. uments that revealed extensive efforts forcement should pursue the case. If we
For example, Jennifer Williams, who to generate an after-the-fact justifica- think there’s been a criminal act overseas
tion for the hold on military assistance that violates U.S. law, we have the institu-
was a special adviser to Vice President
for Ukraine that had been ordered by tional mechanisms to address that. It could
PENCE, testified that she was never be through the Justice Department and FBI
given a reason for that decision; nei- the President.
agents assigned overseas or through treaty
ther was Lieutenant Colonel Vindman. These documents reportedly include mechanisms, such as the mutual legal assist-
Here is what he told us during the ‘‘early August email exchanges be- ance treaty.
hearing. tween Acting Chief of Staff Mick As a general principle, I do not believe the
(Text of Videotape presentation:) Mulvaney and White House budget offi- United States should ask other countries to
cials seeking to provide an explanation engage in selective politically associated in-
Mr. GOLDMAN. Are you also aware that
for withholding the funds after the vestigations or prosecutions against oppo-
the security assistance hold was not lifted
nents of those in power because such selec-
for another 10 days after this meeting? President had already ordered a hold in
tive actions undermine the rule of law, re-
Ms. WILLIAMS. That is correct. mid-July on the nearly $400 million in
Mr. GOLDMAN. And am I correct that you gardless of the country.
security assistance.’’
never did learn the reason why the hold was Ms. Manager LOFGREN. David
The Washington Post article also re-
lifted? Holmes concurred during his testi-
Ms. WILLIAMS. That is correct. ported, and this is a quote: ‘‘Emails
mony. Holmes also compared the offi-
Mr. GOLDMAN. Colonel Vindman, you show OMB Director Vought and OMB
cial approach that we believe in, that
didn’t learn a reason why the hold was lifted staffers arguing that withholding the
we promulgated across the world, with
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either; is that right? aid was legal, while officials at the Na-
Colonel VINDMAN. Right. what the President and Mr. Giuliani
tional Security Council and State De-
Mr. GOLDMAN. Colonel Vindman, are you actually were doing.
partment protested. OMB lawyers said (Text of Videotape presentation:)
aware that the committees launched an in-
that it was legal to withhold the aid, as Mr. HOLMES. Our long-standing policy is
vestigation into the Ukrainian matters on
September 9, 2 days before the hold was lift- long as they deemed it a temporary to encourage them to establish, build rule of
ed? hold.’’ You should be able to see these law institutions that are capable, that can
Colonel VINDMAN. I am aware, and it was documents, but the White House has pursue allegations. That’s our policy. We’ve
lifted. withheld them from Congress. The been doing that for some time with some

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S482 CONGRESSIONAL RECORD — SENATE January 22, 2020
success. Focusing on particular cases, par- As this happened, there was an effort inspector general of the intelligence
ticularly where there is interest of the Presi- to create an after-the-fact, misleading community—the Director shall, within
dent, just not part of what we’ve done. It’s record to avoid responsibility for what 7 calendar days of such receipt, forward
hard to explain why we would do that.
the President had actually been doing. such transmittal to the congressional
Ms. Manager LOFGREN. Unfortu- These were not the only efforts to hide Intelligence Committees, together with
nately, we do know the explanation. misconduct, and misconduct continued. any comments the Director considers
We know why President Trump wanted Congressman SCHIFF will review some appropriate. Yet, despite the clear let-
President Zelensky to announce inves- of those items. ter of the law, the White House mobi-
tigations—because it would help him in Mr. Manager SCHIFF. We have about lized to keep the information in the
his election. 20 minutes left in the presentation to- whistleblower complaint from Con-
On September 18, approximately a night. gress, including by inviting the Depart-
week before he was supposed to meet I would like to now go through with ment of Justice to render an opinion as
with President Trump at the United you the President’s efforts to hide this to whether the complaint could be
Nations General Assembly in New corrupt scheme even as it continued withheld from Congress.
York, President Zelensky spoke by well into the fall of last year. The statutory deadline of September
telephone with Vice President PENCE. On August 12, a whistleblower in the 2, when the Director of National Intel-
During her deposition, Jennifer Wil-
intelligence community submitted a ligence was required to turn them over
liams testified. She was Vice President
complaint addressed to the congres- to Congress, came and went, and the
PENCE’s assistant. She had testified
sional Intelligence Committees. This complaint remained hidden from Con-
that Vice President PENCE basically re-
explosive document stated that Presi- gress.
iterated that the hold on aid had been Finally, on September 9, a full week
dent Trump had solicited foreign inter-
lifted and asked a bit more about how after the complaint was required to be
ference from Ukraine to assist his 2020
Zelensky’s efforts were going. sent to Congress—and once again, an
Following her deposition and while reelection bid.
The complaint alleged a scheme by urgent concern—the inspector general
preparing for her testimony at the
President Trump to ‘‘us[e] the power of wrote to the leaders of the Intelligence
open hearing on November 19, Williams
reviewed the documents—they had not his office to solicit interference from a Committees to inform them that the
been produced to us by the White foreign country in the 2020 U.S. elec- Director of National Intelligence was
House—and those documents refreshed tion.’’ The complaint stated that the withholding a whistleblower com-
her recollection of Vice President President had applied pressure on plaint, in direct contravention of past
PENCE’s call with President Zelensky. Ukraine to investigate one of the practice and the law.
President’s main domestic political ri- On September 24, Speaker of the
The White House blocked Williams
vals and detailed the involvement of House NANCY PELOSI announced that
from testifying about her refreshed
the President’s personal lawyer, Rudy ‘‘the House of Representatives is mov-
recollections of the Vice President’s
call when she appeared at the open Giuliani. The complaint also stated ing forward with an official impeach-
public hearing. They claim that certain that the whistleblower believed the ment inquiry.’’
President’s activities ‘‘posed risks to The next day, the House of Rep-
portions of the September 18 call, in-
U.S. national security and undermine resentatives passed a resolution calling
cluding the information that Williams
the U.S. Government’s efforts to deter on the Trump administration to pro-
wanted to tell us about, were classified.
On November 26, she submitted a and counter foreign interference in the vide the whistleblower’s complaint im-
classified addition to her hearing testi- U.S. elections.’’ mediately to the congressional Intel-
mony where she provided additional in- Under the law, the whistleblower was ligence Committees.
required to file the complaint with the Later that day, the White House pub-
formation about the Vice President’s
September 18 telephone call with Presi- inspector general of the intelligence licly released the summary of the July
dent Zelensky. The Intelligence Com- community, which was then required 25 call between President Trump and
mittee provided this classified addition to vet and assess the complaint and de- President Zelensky and permitted the
to the Judiciary Committee. It has termine if it warranted reporting to Acting Director of National Intel-
been sent to the Senate for your re- the Intelligence Committees. The law ligence to provide the whistleblower’s
view. Now, I have read that testimony. gives the inspector general 14 days to complaint and related documents to
I will just say that a coverup is not a conduct an initial review and then in- the congressional Intelligence Commit-
proper reason to classify a document. form the Director of National Intel- tees.
Vice President PENCE has repeatedly ligence about his findings. The President himself was happy to
said publicly that he has no objection On August 26, the inspector general discuss the motivations for the scheme
to the White House releasing the ac- sent the whistleblower complaint and in public. That day, in a joint press
tual transcript of his calls with Presi- the inspector general’s preliminary de- availability with President Zelensky at
dent Zelensky. Yet his office has re- termination to the Acting Director of the United Nations General Assembly,
fused many requests by the committee National Intelligence. The inspector President Trump reiterated that he
to declassify Williams’ addendum so general wrote that based on his review wanted Ukraine to investigate the
the American people could also see the of the complaint, its allegations con- Bidens.
additional evidence about this call. stituted an ‘‘urgent concern’’ and ap- (Text of Videotape presentation:)
We urge the Senators to review it, peared ‘‘credible’’ under the statute. President TRUMP. No, I want him to do
whatever he can. This was not his fault. He
and we again ask that the White House The inspector general confirmed that wasn’t there. He’s just been here recently.
declassify them. As the House wrote in the whistleblower acted lawfully in But whatever he can do in terms of corrup-
two separate letters, there is no basis bringing the complaint and credibly tion because the corruption is massive. Now,
to keep it classified. Again, in case the raised a legitimate concern that should when Biden’s son walks away with millions
White House needs a reminder, it is im- be communicated to the Intelligence of dollars from Ukraine, and he knows noth-
proper to keep something classified Committees of Congress. ing, and they’re paying him millions of dol-
just to avoid embarrassment or to con- The Director of National Intelligence lars, that’s corruption.
ceal wrongdoing. quickly informed the White House Mr. Manager SCHIFF. Finally, the
We have been through a lot of facts about the complaint. day after President Trump explained to
today. We have seen the President’s Under the law, the Acting Director of the public that he wanted Ukraine to
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scheme. A shakedown of Ukraine for National Intelligence was required to investigate former Vice President
his personal benefit was, I believe, an forward the complaint and the inspec- Biden, on the morning of September 26,
obvious abuse of his power. But this tor general’s determination to the con- the Intelligence Committee publicly
misconduct and scheme became ex- gressional Intelligence Committees no released declassified redactions of two
posed. Congress asked questions. The later than 7 days after he received documents: the whistleblower’s August
press reported. Nonpolitical officers in them. The legal requirement is ex- 12 complaint and the inspector gen-
the government expressed concern. The tremely clear. Upon receipt of the eral’s August 26 transmittal to the Act-
whistleblower laws were activated. transmittal from the ICIG—that is the ing Director of National Intelligence.

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S483
Even after the impeachment inquiry tigate the Bidens. I guess that is just a make a report, I think to the Attorney Gen-
into the Ukraine matter began, Presi- coincidence. eral and to Congress. He says he has a lot of
dent Trump and his proxy, Rudy President Trump continued to dem- good information. I have not spoken to him
about that information. But Rudy, as you
Giuliani, had continued to publicly onstrate his eagerness to solicit foreign
know, has been one of the great crime fight-
urge President Zelensky to launch an assistance related to his personal inter- ers of the last 50 years. And he did get back
investigation of Vice President Biden ests: ‘‘Here’s what’s okay,’’ he said. ‘‘If from Europe just recently, and I know—he
and alleged 2016 election interference we feel there’s corruption like I feel has not told me what he found, but I think
by Ukraine. there was in the 2016 campaign—there he wants to go before Congress and say—and
On September 30, during his remarks was tremendous corruption against me. also to the Attorney General and the Depart-
If we feel there’s corruption, we have a ment of Justice. I hear he’s found plenty,
at the swearing-in of the new Labor
right to go to a foreign country.’’ yeah.
Secretary, President Trump stated
this. President Trump added that asking Three days after those remarks on
(Text of Videotape presentation:) President Xi of China to investigate December 10, Giuliani confirmed to the
the Bidens ‘‘is certainly something we Washington Post that President Trump
President TRUMP. Now, the new President
can start thinking about.’’ had asked him to brief the Justice De-
of Ukraine ran on the basis of no corruption.
That’s how he got elected. And I believe that Even last month—even last month— partment and Republican Senators on
he really means it. But there was a lot of the President and Giuliani’s scheme his ‘‘findings’’ from his trip to Ukraine.
corruption having to do with the 2016 elec- continued. During the first week of De- Giuliani stated:
tion against us. And we want to get to the cember, Giuliani traveled to Budapest, He wants me to do it. I’m working on pull-
bottom of it, and it is very important we do. Kyiv, and Vienna to meet with former ing it together and hope to have it done by
Thank you, everyone. the end of the week.
Ukrainian Government officials as part
Mr. Manager SCHIFF. So here he is. of a continuing effort to dig up dirt, po- That Friday, December 13, Giuliani
He is meeting at the United Nations, litical dirt, on Vice President Biden reportedly met with President Trump
September 30, and he is still pursuing and advance the theory that Ukraine at the White House, and on December
this bogus CrowdStrike conspiracy the- interfered in the 2016 election. 17 Giuliani confirmed to CNN that
ory with the President of Ukraine. Asked about his interviews of former President Trump has been very sup-
On October 2, in a public press avail- Ukrainian prosecutors, Giuliani told portive of his efforts to dig up dirt on
ability, President Trump discussed the the New York Times that he was act- Vice President Biden and Ukraine and
July 25 call with President Zelensky ing on behalf of his client, President that they are on the same page.
and stated that ‘‘the conversation was Trump: ‘‘Like a good lawyer, I am The following day, on December 18,
gathering evidence to defend my client 2019, the House of Representatives ap-
perfect; it couldn’t have been nicer.’’
against the false charges being leveled proved the two Articles of Impeach-
He then linked his notion of corruption
against him.’’ Indeed, evidence ob- ment you are considering in this trial.
with the Biden investigation.
tained by the House from Giuliani’s as- Since the House voted on these arti-
On October 3, in remarks before he
sociate confirms that he had been rep- cles, evidence has continued to come to
departed on Marine One, President
resenting himself in as early as May light related to the President’s corrupt
Trump expressed his hope that Ukraine scheme. Among other things, Freedom
would investigate Vice President Biden 2019 as President Trump’s personal law-
of Information Act lawsuits, press re-
and his son. President Trump actually yer, doing Donald J. Trump’s personal
porting, and documents provided to
escalated his rhetoric, urging not only bidding in his dealings with Ukraine.
This letter of May 10, 2019, from Congress from Rudy Giuliani associate
Ukraine to investigate the Bidens but Lev Parnas further corroborate what
China too. Giuliani to Zelensky says, among other
things: we already know about the President’s
(Text of Videotape presentation:) scheme.
Question. Mr. President, what exactly did However, I have a more specific request. In
my capacity as personal counsel to President
As Giuliani again said on December
you hope Zelensky would do about the 17, President Trump has been ‘‘very
Bidens after your phone call? Trump and with his knowledge and consent,
I request a meeting with you on this upcom- supportive’’ of his efforts to dig up dirt
President TRUMP. Well, I would think
ing Monday, May 13, or Tuesday, May 14. I on Vice President Biden and they are
that, if they were honest about it, they
would start a major investigation into the will need no more than a half-hour of your ‘‘on the same page.’’
Bidens. It’s a very simple answer. They time, and I will be accompanied by my col- Parnas further corroborated what we
should investigate the Bidens, because how league Victoria Toensing, a distinguished already know about President Trump’s
American attorney who is very familiar with scheme; that he was responsible for
does a company that’s newly formed—and all
this matter. withholding military aid and sus-
these companies, if you look at—and, by the
Please have your office let me know what
way, likewise, China should start an inves- time or times are convenient for you, and
taining that hold and that his personal
tigation into the Bidens, because what hap- Victoria and I will be there. attorney, Mr. Giuliani, was working at
pened in China is just about as bad as what the direction of President Trump him-
happened with—with Ukraine. So I would This is evidence recently obtained
self.
say that President Zelensky—if it were me, I showing his effort to get that meeting
On December 20, new emails were re-
would recommend that they start an inves- in May with Zelensky. Giuliani told leased showing that, 91 minutes after
tigation into the Bidens. the Wall Street Journal that, when he President Trump’s call with Ukrainian
Mr. Manager SCHIFF. The same day, returned to New York from his most President Zelensky, a top Office of
President Trump tweeted that he has recent trip on December 7, President Management and Budget aide asked
an absolute right to investigate corrup- Trump called him as his plane was still the Department of Defense to hold off
tion. That really means he feels he has taxiing down the runway: ‘‘What did on sending military aid to Ukraine. So
an absolute right to investigate or get you get?’’ he said President Trump those were new documents that came
foreign countries to investigate his po- asked. ‘‘More than you can imagine,’’ on December 20.
litical opponents. The President sent a Giuliani replied. Giuliani claimed that On December 29, revelations emerged
similar tweet the next day, once again he was putting his findings into a 20- from OMB Director and Acting Chief of
linking corruption with the Biden in- page report and that the President had Staff Mick Mulvaney’s role about
vestigation: asked him to brief the Attorney Gen- them—about that role in the delay of
As President, I have an obligation to end eral and the Republicans in Congress. aid and efforts by lawyers at OMB, the
corruption, even if that means requesting Shortly thereafter, on the same day, Department of Justice, and the White
the help of a foreign country or countries. It President Trump told reporters before House to justify the delay and the
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is done all the time. This has nothing to do departing on Marine One that he was alarm that the delay caused within the
with politics or a political campaign against aware of Giuliani’s efforts in Ukraine administration. Those records just be-
the Bidens. This does have to do with their and that Giuliani was going to report came available on December 29.
corruption. his purported findings to the Attorney On January 2, newly unredacted Pen-
Give him credit for being so pomp- General and Congress. tagon emails which raised serious con-
ous. ‘‘This has nothing to do with poli- (Text of Videotape presentation:) cerns by Trump administration offi-
tics or a political campaign against the President TRUMP. Well, I just know he cials about the legality of the Presi-
Bidens,’’ but you have got to inves- came back from someplace, and he’s going to dent’s hold on aid became available.

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S484 CONGRESSIONAL RECORD — SENATE January 22, 2020
On January 6, former Trump Na- This morning, I introduced you to the new party in town: the three amigos.
tional Security Advisor John Bolton broad sweep of the President’s conduct, They are going to be handling the
announced that he would comply with and then, during the course of today, Ukraine portfolio. They are told: Work
a Senate subpoena compelling his tes- we walked you through a factual chro- with Rudy, work with Rudy. Ambas-
timony. His lawyers stated that he has nology in realtime about how this plot sador Sondland, Ambassador Volker,
new relevant information. unfolded. During that factual chro- Secretary Perry, work with Rudy.
On January 13, reports emerged that nology today, you saw that, in March As you saw in June, Rudy is pushing
the Russian Government hacked the of this year, Giuliani began that smear for these investigations, and they are
Ukrainian gas company Burisma, al- campaign against Ambassador trying to arrange these meetings and
most certainly in an effort to find in- Yovanovitch in order to get her fired trying to make this happen. Also in
formation about Vice President Joe by President Trump, something he June, the Defense Department an-
Biden’s son in order to weaponize that would later admit was necessary to get nounces they are going the release the
information against Mr. Biden and in her out of the way because she was military aid. The President reads about
favor of Mr. Trump, just as Russia did going to be in the way of these two in- this, and then he stops it. He stops the
against Secretary Clinton in favor of vestigations. aid.
then-candidate Trump in 2016. This is the supposed anticorruption In July—July 10—you heard in the
That brings us up to January 13 of effort by the President: to get rid of a chronology, there is a meeting at the
this year. Last week, House commit- woman who has dedicated her career to White House, the meeting in which
tees received new evidence from Lev representing the United States, often Sondland blurts out in this meeting be-
Parnas that further demonstrates that in dangerous parts of the world, to tween the Ukrainians and Americans:
the President was a central player in fighting corruption, and to promoting Hey, they have a deal. They are trying
this scheme to pressure Ukraine for his the rule of law. This plot begins with to get this meeting, and there is a de-
political gain. Also last week, the Gov- getting her out of the way, with the bate whether the meeting is going to
ernment Accountability Office found President saying that ‘‘she is going to happen and when it is going to happen.
that President Trump violated the law go through some things.’’ This Sondland says: Hey, we have a deal
when he withheld that aid. anticorruption reformer, this U.S. pa- with Mulvaney here. We are going to
Last night we had further develop- triot—this plot begins with getting her get this meeting, and you are going to
ment when more redacted emails from out of the way. do those investigations.
the Office of Management and Budget This says so much about the adminis- Bolton stiffens and abruptly ends the
were produced. I think Representative tration. Tellingly, it wasn’t enough meeting. That was the first meeting
CROW showed you these. These are just to recall her or fire her. The Presi- that day. Then Sondland brings the
among the documents that were just dent could have done that anytime. No. delegation to a different part of the
released. I am sure that, if we could They wanted to destroy her because White House, and they have the fol-
read under those redactions, it would she had the audacity to stand in their lowup meeting where he makes it even
be a very perfect email, but you have way. more explicit—this drug deal is made
to ask: What is being redacted here? So we heard in March about the ef- even more explicit. Dr. Hill is told by
What is so important to keep confiden- fort to get rid of her, and it succeeded. Ambassador Bolton: You need to go
tial during the course of an impeach- And guess what message that sent to talk to the lawyers; I don’t want any
ment inquiry? the Ukrainians about the power the part of this drug deal they are cooking
As you can see, right up until last President’s lawyer has. The Ukrainians up. That is July.
night, evidence continues to be pro- were watching this whole saga. They July is the month where that email
duced. The truth is going to come out. were hearing his interviews. They were goes from Sondland to Pompeo and
Indeed, the truth has already come out, seeing the smears he was putting out. others, and everybody is in the loop.
but more and more of it will. More And this attorney for the President, July is the month where the hold is im-
emails are going to come out. More working hand in hand with these cor- plemented with no explanation. July is
witnesses are going to come forward. rupt Ukrainians, was able to get a UN the month where Mueller testifies
They are going to have more relevant ambassador yanked out of her job. about Russia’s systemic interference in
information to share. Proof positive—you want a window to our affairs. July is the month after
The only question is, Do you want to this President, you want entre to this Mueller testifies that the President be-
hear it now? Do you want to know the President, you want to make things lieves he has escaped accountability.
full truth now? Do you want to know happen with this President, you go The next day in July is, of course,
just who was in the loop? It sounds like through his lawyer. Never mind the the July 25 call in which the President
everyone was in the loop. Do you want State Department, never mind the Na- asks for his favor. July 26 is the date of
to know how broad this scheme was? tional Security Council, never mind the call between President Trump and
We have the evidence to prove that the Defense Department—you go Ambassador Sondland. You know the
President Trump ordered the aid with- through his employer. That is March. one: ‘‘Zelensky loves your ass,’’ and he
held. He did so to coerce Ukraine to In April, Zelensky has this huge vic- will do anything you want.
help his reelection campaign. He with- tory in the Presidential election. He Is he going to do the investigation?
held a White House meeting to coerce gets a congratulatory call from the Yeah, he is going to do the investiga-
the same sham investigations. We can President. The President assigns Vice tion.
and will prove President Trump guilty President PENCE to go to the inaugura- July is the month of that conversa-
of this conduct and of obstructing the tion. tion between Sondland and David
investigation into his misconduct, but In May, Giuliani is rebuffed by Holmes, where Holmes says: Can you
you and the American people should Zelensky, cancels the trip to Ukraine— tell me candidly here what the Presi-
know who else was involved in this the one where he wanted to go, remem- dent thinks of Ukraine? Does he give a
scheme. You should want the whole ber, and meddle in the investigation ‘‘blank’’ about Ukraine? No, he doesn’t
truth to come out. You should want to because, Giuliani says, enemies of give a ‘‘blank’’ about Ukraine. He only
know about every player in this sordid Trump surround Zelensky. I guess that cares about the big stuff.
business. It is within your power to do means he didn’t get the money, and Well, it is kind of big stuff here in
so, and I would urge you, even if you they must be enemies of the President. Ukraine, like a war with the Russians.
SSpencer on DSKBBXCHB2PROD with SENATE

are prepared to vote to convict and im- Of course, the Ukrainians know why he No, no, no. Big stuff that affects him
peach and remove this President, to wants that meeting. personally, like the Biden investiga-
find out the full truth about how far In May, Trump disinvites PENCE to tion that Giuliani wants. That is the
this corruption goes because I think the inauguration. PENCE is going, month of July.
the public has a right to know. Giuliani is rebuffed, PENCE isn’t going. In August, we have that meeting be-
Now, today—well, yesterday we made That is May. tween Giuliani and Yermak in Madrid.
the case for why you should hear this Instead, May 23, we have this meet- In August, we have the back and forth
additional evidence and testimony. ing at the White House, and there is a about the statement: No, you go first,

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January 22, 2020 CONGRESSIONAL RECORD — SENATE S485
and you commit and publicly announce courageous people that risked their en- all of us. It is rare, particularly these
investigations, and then we will give tire careers. One of the things that has days, when 100 Senators from both
you a date. been striking to me about that, as I sides of the aisle, of every political per-
No, you go first. You give us the watch these witnesses like Maria suasion, get up and give someone a
date, and then we will announce the in- Yovanovitch and Ambassador Taylor standing ovation, but you deserve it.
vestigations. and David Holmes and others—Dr. Thank you for your good work. We
Well, we will give you a statement Hill—is how much these dedicated offi- hope you have beautiful and successful
that doesn’t mention the specifics. cials were willing to risk their career, lives.
No, no, you give us a statement that the beginning of their career, the mid- (Applause, Senators rising.)
mentions the investigations. dle of their career, or late in their ca-
reer, when they had everything to lose, f
That is the month of August.
August is also the month where it be- but people senior to them, who have
UNANIMOUS CONSENT
comes clear that it is not just the every advantage, who sit in positions
AGREEMENT—SENATE BUSINESS
meeting anymore. It is everything. Ev- of power, lack that same basic commit-
erything is conditioned on these inves- ment, lack that similar basic willing- Mr. MCCONNELL. Mr. Chief Justice,
tigations—the relationship, the money, ness to put their country first and ex- I ask unanimous consent that on Tues-
the meeting. Sondland and Holmes tes- pose wrongdoing. day, January 28, from 10 a.m. until 11
tify it is as simple as two plus two Why is it that Colonel Vindman, who a.m., while the Senate is sitting in the
equals four. That is all. worked for Fiona Hill, who worked for Court of Impeachment and that not-
In September, Sondland says to John Bolton and Dr. Kupperman, were withstanding the Senate’s adjourn-
Yermak: Everything is conditioned on willing to stick their neck out and an- ment, the Senate can receive House
public announcements. swer lawful subpoenas when their messages and executive matters, com-
Message delivered, no ambiguity: The bosses wouldn’t? I don’t know that I mittees be authorized to report legisla-
Ukrainians are told quid pro quo. can answer that question, but I just tive and executive matters, and Sen-
Taylor texts: This is crazy to with- can tell you, I have such admiration ators be allowed to submit statements
hold aid. for the fact they did. for the RECORD, bills and resolutions
September is the month—September I think this is some form of cosmic and cosponsor requests and, where ap-
7 in particular, Trump and Sondland justice that this Ambassador that was plicable, the Secretary of the Senate
talk on the phone, and the President so ruthlessly smeared is now a hero for on behalf of the Presiding Officer be
has that conversation where he says: her courage. There is justice in that. permitted to refer such matters.
No quid pro quo—except, here is the But what would really vindicate that The CHIEF JUSTICE. Without objec-
quid pro quo. leap of faith that she took is if we show tion, it is so ordered.
Zelensky has to go to the mike, and the same courage. They risked every-
thing—their careers—and, yes, I know f
what is more, he should want to do it.
September is also the month where what you are asked to decide may risk MORNING BUSINESS
the investigations begin in Congress. yours too, but if they could show the
September is the month where, after courage, so can we.
those investigations begin, after the I yield back.
The CHIEF JUSTICE. Pursuant to MESSAGE FROM THE HOUSE
President knows he has been caught, RECEIVED DURING ADJOURNMENT
the provisions of S. Res. 243 of the 100th
the aid is finally released. September is
Congress, a single, one-page classified ENROLLED BILL SIGNED
the month where Pence and Zelensky
document identified by the House man- Under the authority of the order of
are on the phone and Jennifer Williams
agers for filing with the Secretary of the Senate of January 3, 2019, the
has classified information to share
the Senate, that will be received on President pro tempore (Mr. GRASSLEY)
with you that I hope you will take a
January 22, 2020, shall not be made part announced that on January 22, 2020,
look at because it is relevant to these
of the public record and shall not be during the adjournment of the Senate,
issues.
printed, but shall be made available he had signed the following enrolled
That is September.
pursuant to the Standing Order for the bill, which was previously signed by
In October, Trump admits: Yes, if it
100th Congress. the Speaker of the House:
wasn’t obvious enough, he wants
The majority leader is recognized. H.R. 5430. An act to implement the Agree-
Ukraine to investigate his political op-
f ment between the United States of America,
ponent. October is the month where he
invites another nation, China, to inves- RECOGNIZING THE PAGES the United Mexican States, and Canada at-
tached as an Annex to the Protocol Replac-
tigate his opponent. Mr. MCCONNELL. Mr. Chief Justice, ing the North American Free Trade Agree-
This is the broad outline of the chro- colleagues, we are almost through for ment.
nology that we went through today. the evening. We will convene again at 1
Tomorrow, we will go through the o’clock tomorrow. Before we adjourn, I f
law, the Constitution, and the facts as would like to acknowledge that tomor-
they apply to article I. That is the plan ADJOURNMENT UNTIL 1 P.M.
row is the official last day for this TOMORROW
for tomorrow. term’s Senate pages.
We have introduced the case. We (Applause, Senators rising.) Mr. MCCONNELL. Mr. Chief Justice,
have gone through the chronology, and In addition to witnessing this un- finally, I ask unanimous consent that
tomorrow, we will apply the facts to usual event that we are all experi- the trial adjourn until 1 p.m. Thursday,
the law as it pertains to the Presi- encing, they are studying for their January 23, and this also constitute the
dent’s abuse of power. final exams as well, and we wish them adjournment of the Senate.
Let me just conclude this evening by well, as they head off back to boring, There being no objection, at 9:42
remarking again on what brought us normal high school. p.m., the Senate, sitting as a Court of
here. What brought us here is that Mr. SCHUMER. Mr. Leader, let me Impeachment, adjourned until Thurs-
some courageous people came forward, just add my thanks and gratitude from day, January 23, 2020, at 1 p.m.
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United States
of America PROCEEDINGS AND DEBATES OF THE

Vol. 166 WASHINGTON, THURSDAY, JANUARY 23, 2020 No. 14

House of Representatives
The House was not in session today. Its next meeting will be held on Friday, January 24, 2020, at 2 p.m.

Senate
THURSDAY, JANUARY 23, 2020

The Senate met at 1:02 p.m. and was lic for which it stands, one nation under God, OPENING STATEMENT—CONTINUED
called to order by the Chief Justice of indivisible, with liberty and justice for all. Mr. Manager SCHIFF. Mr. Chief Jus-
the United States. f tice, I thank you, and I thank the Sen-
f ators for 2 now very long days. We are
TRIAL OF DONALD J. TRUMP, THE JOURNAL greatly appreciative of Chief Justice,
PRESIDENT OF THE UNITED The CHIEF JUSTICE. Senators will knowing that, prior to your arrival in
STATES please be seated. the Chamber each day, you have a lot
If there is no objection, the Journal of work at the Court, necessitating our
The CHIEF JUSTICE. The Senate beginning in the afternoon and going
will convene as a Court of Impeach- of proceedings of the trial are approved
to date. into the evening.
ment. I also want to, again, take this op-
The Chaplain will offer a prayer. The Sergeant at Arms will make the
proclamation. portunity to thank the Senators for
f their long and considerable attention
The Sergeant at Arms, Michael C.
PRAYER Stenger, made proclamation as follows: over the course of the last 2 days. I am
The Chaplain, Dr. Barry C. Black, of- Hear ye! Hear ye! Hear ye! All persons are
not sure the Chief Justice is fully
fered the following prayer: commanded to keep silence, on pain of im- aware of just how rare it is, how ex-
Let us pray. prisonment, while the Senate of the United traordinary it is, for the House Mem-
Almighty God, our rock of ages, be States is sitting for the trial of the articles bers to be able to command the atten-
omnipresent during this impeachment of impeachment exhibited by the House of tion of Senators sitting silently for
Representatives against Donald John Trump, hours—or even for minutes, for that
trial, providing our Senators with the President of the United States.
assuring awareness of Your powerful matter. Of course, it doesn’t hurt that
involvement. May they strive to have a The CHIEF JUSTICE. The majority the morning starts out every day with
clear conscience in whatever they do leader is recognized. the Sergeant at Arms warning you
for You and country. Lord, help them ORDER OF PROCEDURE that, if you don’t, you will be impris-
remember that listening is often more Mr. MCCONNELL. Mr. Chief Justice, oned. It is our hope that, when the trial
than hearing. It can be an empathetic it is my understanding the schedule concludes and you have heard us and
attentiveness that builds bridges and today will be similar to yesterday’s you have heard the President’s counsel
unites. May our Senators not permit proceedings. We will plan to take short over a series of long days, that you
fatigue or cynicism to jeopardize breaks every 2 or 3 hours and will ac- don’t choose imprisonment instead of
friendships that have existed for years. commodate a 30-minute recess for din- anything further.
At every decision point throughout ner, assuming that is needed. Two days ago we made the case for
this trial, may they ask, which choice The CHIEF JUSTICE. Pursuant to documents and for witnesses in the
will bring God the greater glory? the provisions of S. Res. 483, the man- trial. Yesterday we walked through the
We pray in Your mighty Name. agers of the House of Representatives chronology, the factual chronology, at
Amen. have 16 hours and 42 minutes remain- some length.
f ing to make the presentation of their Today we will go through article I,
case. the constitutional underpinnings of
PLEDGE OF ALLEGIANCE The Senate will now hear you. abuse of power, and apply the facts of
The Chief Justice led the Pledge of The Presiding Officer recognizes Mr. the President’s scheme to the law and
Allegiance, as follows: Manager SCHIFF to continue the pres- Constitution. Here I must ask you for
I pledge allegiance to the Flag of the entation of the case for the House of some forbearance. Of necessity, there
United States of America, and to the Repub- Representatives. will be some repetition of information
dlhill on DSKBBY8HB2PROD with SENATE

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S487

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116 th CONGRESS, SECOND SESSION


United States
of America PROCEEDINGS AND DEBATES OF THE

Vol. 166 WASHINGTON, THURSDAY, JANUARY 23, 2020 No. 14

House of Representatives
The House was not in session today. Its next meeting will be held on Friday, January 24, 2020, at 2 p.m.

Senate
THURSDAY, JANUARY 23, 2020

The Senate met at 1:02 p.m. and was lic for which it stands, one nation under God, OPENING STATEMENT—CONTINUED
called to order by the Chief Justice of indivisible, with liberty and justice for all. Mr. Manager SCHIFF. Mr. Chief Jus-
the United States. f tice, I thank you, and I thank the Sen-
f ators for 2 now very long days. We are
TRIAL OF DONALD J. TRUMP, THE JOURNAL greatly appreciative of Chief Justice,
PRESIDENT OF THE UNITED The CHIEF JUSTICE. Senators will knowing that, prior to your arrival in
STATES please be seated. the Chamber each day, you have a lot
If there is no objection, the Journal of work at the Court, necessitating our
The CHIEF JUSTICE. The Senate beginning in the afternoon and going
will convene as a Court of Impeach- of proceedings of the trial are approved
to date. into the evening.
ment. I also want to, again, take this op-
The Chaplain will offer a prayer. The Sergeant at Arms will make the
proclamation. portunity to thank the Senators for
f their long and considerable attention
The Sergeant at Arms, Michael C.
PRAYER Stenger, made proclamation as follows: over the course of the last 2 days. I am
The Chaplain, Dr. Barry C. Black, of- Hear ye! Hear ye! Hear ye! All persons are
not sure the Chief Justice is fully
fered the following prayer: commanded to keep silence, on pain of im- aware of just how rare it is, how ex-
Let us pray. prisonment, while the Senate of the United traordinary it is, for the House Mem-
Almighty God, our rock of ages, be States is sitting for the trial of the articles bers to be able to command the atten-
omnipresent during this impeachment of impeachment exhibited by the House of tion of Senators sitting silently for
Representatives against Donald John Trump, hours—or even for minutes, for that
trial, providing our Senators with the President of the United States.
assuring awareness of Your powerful matter. Of course, it doesn’t hurt that
involvement. May they strive to have a The CHIEF JUSTICE. The majority the morning starts out every day with
clear conscience in whatever they do leader is recognized. the Sergeant at Arms warning you
for You and country. Lord, help them ORDER OF PROCEDURE that, if you don’t, you will be impris-
remember that listening is often more Mr. MCCONNELL. Mr. Chief Justice, oned. It is our hope that, when the trial
than hearing. It can be an empathetic it is my understanding the schedule concludes and you have heard us and
attentiveness that builds bridges and today will be similar to yesterday’s you have heard the President’s counsel
unites. May our Senators not permit proceedings. We will plan to take short over a series of long days, that you
fatigue or cynicism to jeopardize breaks every 2 or 3 hours and will ac- don’t choose imprisonment instead of
friendships that have existed for years. commodate a 30-minute recess for din- anything further.
At every decision point throughout ner, assuming that is needed. Two days ago we made the case for
this trial, may they ask, which choice The CHIEF JUSTICE. Pursuant to documents and for witnesses in the
will bring God the greater glory? the provisions of S. Res. 483, the man- trial. Yesterday we walked through the
We pray in Your mighty Name. agers of the House of Representatives chronology, the factual chronology, at
Amen. have 16 hours and 42 minutes remain- some length.
f ing to make the presentation of their Today we will go through article I,
case. the constitutional underpinnings of
PLEDGE OF ALLEGIANCE The Senate will now hear you. abuse of power, and apply the facts of
The Chief Justice led the Pledge of The Presiding Officer recognizes Mr. the President’s scheme to the law and
Allegiance, as follows: Manager SCHIFF to continue the pres- Constitution. Here I must ask you for
I pledge allegiance to the Flag of the entation of the case for the House of some forbearance. Of necessity, there
United States of America, and to the Repub- Representatives. will be some repetition of information
dlhill on DSKBBY8HB2PROD with SENATE

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S487

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S488 CONGRESSIONAL RECORD — SENATE January 23, 2020
from yesterday’s chronology, and I used his office to compel a foreign na- urge you, Senators, to listen to it care-
want to explain the reason for it. tion to help him cheat in our elections. fully. You will hear accusations and
You have now heard hundreds of Prior Presidents would be shocked to name-calling. You will hear complaints
hours of deposition and live testimony the core by such conduct, and rightly about the process in the House and the
from the House condensed into an ab- so. motives of the managers. You will hear
breviated narrative of the facts. We Now, because President Trump has that this all comes down to a phone
will now show you these facts and largely failed to convince the country call that was perfect—as if you had not
many others and how they are inter- that his conduct was remotely accept- just seen evidence of a months-long,
woven. You will see some of these facts able, he has adopted a fallback posi- government-wide effort to extort a for-
and videos, therefore, in a new context, tion. He argues that even if we dis- eign government. But you will not hear
in a new light: in the light of what else approve of his misconduct, we cannot a refutation of the evidence. You will
we know and why it compels a finding remove him for it. Frankly, that argu- not hear testimony to refute the testi-
of guilt and conviction. So there is ment is itself terrifying. It confirms mony you have seen. Indeed, if the
some method to our madness. that this President sees no limits on President had any exculpatory wit-
Tomorrow we will conclude the pres- his power or on his ability to use his nesses—even a single one—he would be
entation of the facts and law on article public office for private gain. Of demanding their appearance here, in-
I, and we will begin and complete the course, the President also believes that stead of urging you not to permit addi-
same on article II, the President’s un- he can use his power to cover up his tional witnesses to testify.
constitutional obstruction of Congress. crimes. Let me offer a preview of the path
The President’s counsel will then have That leads me to the second article ahead. First, we will examine the law
3 days to make their presentations, and of impeachment, which charges that of impeachable offenses, with a focus
then you will have 16 hours to ask the President categorically, indiscrimi- on abuse of power. That will be the
questions. Then the trial will begin. nately, and unlawfully obstructed our subject of my presentation. Then, my
inquiry, the congressional inquiry, into colleagues will apply the law to the
Then you will actually get to hear
his conduct. This Presidential facts. They will demonstrate that the
from the witnesses yourself, and then
stonewalling of Congress is unprece- President has unquestionably com-
you will get to see the documents your-
dented in the 238-year history of our mitted the high crimes and mis-
self—or so we hope, and so do the
constitutional Republic. It puts even demeanors outlined in the first Article
American people. After their testimony of Impeachment.
and after we have had closing argu- President Nixon to shame.
Taken together, the articles and the Once those presentations are con-
ments, then it will be in your hands. cluded, we will take the same approach
So let’s begin today’s presentation. I evidence conclusively establish that
President Trump has placed his own to demonstrating President Trump’s
yield to House Manager NADLER. obstruction of Congress—the second
Mr. Manager NADLER. Good morn- personal political interests first. He
has placed them above our national se- Article of Impeachment. We will begin
ing, Mr. Chief Justice, Senators, my by stating the law. Then we will review
fellow House managers, and counsel for curity, above our free and fair elec-
tions, and above our system of checks the facts, and then we will apply the
the President. This is the third day of law to the facts, proving that President
a solemn occasion for the American and balances. This conduct is not
America first; it is Donald Trump first. Trump is guilty of the second Article
people. of Impeachment as well.
The Articles of Impeachment against Donald Trump swore an oath to faith-
With that roadmap to guide us, I will
President Trump rank among the most fully execute the laws. That means
begin by walking through the law of
serious charges ever brought against a putting the Nation’s interests above
abuse of power. Here, I will start by de-
President. As our recital of the facts his own. The President has repeatedly,
fining the phrase in the Constitution
indicated, the articles are overwhelm- flagrantly, violated his oath.
‘‘high Crimes and Misdemeanors.’’
ingly supported by the evidence (Text of Videotape presentation:)
When the Framers selected this term,
Mr. GERHARDT. I just want to stress that
amassed by the House, notwith- they meant it to capture, as George
if this—if what we’re talking about is not
standing the President’s complete impeachable, then nothing is impeachable.
Mason put it, all manner of ‘‘great and
stonewalling, his attempt to block all This is precisely the misconduct that the dangerous offenses’’ against the Na-
witnesses and all documents from the Framers created a constitution, including tion. In contemporary terms, the
U.S. Congress. impeachment, to protect against. Framers had three specific offenses in
The first Article of Impeachment Mr. Manager NADLER. All of the mind: abuse of power, betrayal of the
charges the President with abuse of legal experts who testified before the Nation through foreign entanglements,
power. President Trump used the pow- House Judiciary Committee—those in- and corruption of elections.
ers of his office to solicit a foreign na- vited by the Democrats and those in- You can think of these as the ABCs
tion to interfere in our elections for his vited by the Republicans—all agreed of high crimes and misdemeanors:
own personal benefit. that the conduct we have charged con- abuse, betrayal, and corruption. The
Note that the active solicitation Framers believed that any one of these
stitutes high crimes and mis-
itself—just the ask—constitutes an offenses, standing alone, justified re-
demeanors.
abuse of power, but President Trump Professor Michael Gerhardt, the au- moval from office.
went further. In order to secure his Professor Noah Feldman of Harvard
thor of six books and the only joint
favor from Ukraine, he withheld two Law School explained this well before
witness when the House considered
official acts of immense value. First, the House Judiciary Committee. Here
President Clinton’s case, put it simply:
he withheld the release of $391 million is his explanation of why the Framers
‘‘If what we are talking about is not
in vital military assistance appro- created the impeachment power.
impeachable, then nothing is impeach- (Text of Videotape presentation:)
priated by Congress on a bipartisan able.’’ Professor FELDMAN. The Framers pro-
basis, which Ukraine needed to fight Professor Jonathan Turley, called by vided for the impeachment of the President
Russian aggression. Second, President the Republicans as a witness, agreed because they feared that the President might
Trump withheld a long-sought-after that the articles charge an offense that abuse the power of his office for personal
White House meeting which would con- is impeachable. In his written testi- benefit, to corrupt the electoral process and
firm to the world that America stands mony, he stated: ‘‘The use of military ensure his reelection, or to subvert the na-
behind Ukraine in its ongoing struggle. aid for a quid pro quo to investigate tional security of the United States.
The President’s conduct is wrong. It one’s political opponent, if proven, can Mr. Manager NADLER. That is the
is illegal. It is dangerous. It captures be an impeachable offense.’’ standard as described by Professor
dlhill on DSKBBY8HB2PROD with SENATE

the worst fears of our Founders and the Thus far, we have presented the core Feldman. All three appear at once—
Framers of the Constitution. factual narrative. None of that record abuse, betrayal, and corruption. That
Since President George Washington can be seriously disputed, and none of is where we have the strongest possible
took office in 1789, no President has it will be disputed. case for removing a President from of-
abused his power in this way. Let me We can predict what the President’s fice. Later on, we will apply this rule
say that again. No President has ever lawyers will say in the next few days. I to the facts.

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January 23, 2020 CONGRESSIONAL RECORD — SENATE S489
Abuse: We will show that President the President would put the American manner of ‘‘great and dangerous of-
Trump abused his power when he used people first, not himself. fenses’’ incompatible with the Con-
his office to solicit and pressure A few Framers would have stopped stitution. This standard, borrowed
Ukraine to meddle in our elections for there. This minority feared vesting any from the British Parliament, was ‘‘high
his personal gain. branch of government with the power Crimes and Misdemeanors.’’
Betrayal: We will show that he be- to remove a President from office. In England, the standard was under-
trayed vital national interests—specifi- They would have relied on elections stood to capture offenses against the
cally, our national security—by with- alone to address rogue Presidents. But constitutional system itself. That is
holding diplomatic support and mili- that view was decisively rejected at the confirmed by the use of the word
tary aid from Ukraine, even as it faced Constitutional Convention. ‘‘high,’’ as well as by parliamentary
armed Russian aggression. Convening in the shadow of rebellion practice.
Corruption: President Trump’s intent and revolution, the Framers would not From 1376 to 1787, the House of Com-
was to corrupt our elections to his per- deny the Nation an escape from Presi- mons impeached officials on a few gen-
sonal, political benefit. He put his per- dents who deemed themselves above eral grounds—mainly consisting of
sonal interest in retaining power above the law. Instead, they adopted the abuse of power, betrayal of national se-
free and fair elections—and above the power of impeachment. In so doing, curity and foreign policy, corruption,
principle that Americans must govern they offered a clear answer to George treason, bribery, and disregarding the
themselves, without interference from Mason’s question: ‘‘Shall any man be powers of Parliament.
abroad. above justice?’’ As Mason himself ex- The phrase ‘‘high Crimes and Mis-
Article I thus charges a high crime plained, ‘‘some mode of displacing an demeanors’’ thus covered offenses
and misdemeanor that blends abuse of unfit magistrate is rendered indispen- against the Nation itself—in other
power, betrayal of the Nation, and cor- sable by the fallibility of those who words, crimes against the British Con-
ruption in elections into a single unfor- choose, as well as by the corrupt abil- stitution.
givable scheme. That is why this Presi- ity of the man chosen.’’ As scholars were shown, the same un-
dent must be removed from office, es- Unlike in Britain, the President derstanding prevailed on this side of
pecially before he continues his effort would answer personally—to Congress the Atlantic. In the colonial period and
to corrupt our next election. and thus to the Nation—for any serious under newly ratified State constitu-
The charges set forth in the first Ar- wrongdoing. But this decision raised a tions, most impeachments targeted
ticle of Impeachment are firmly question: What conduct would justify abuse of power, betrayal of the revolu-
grounded in the Constitution of the impeachment and removal? tionary cause, corruption, treason, and
United States. Simply stated, impeach- As careful students of history, the bribery. These experiences were well-
ment is the Constitution’s final answer Framers knew that threats to democ- known to the Framers of the Constitu-
to a President who mistakes himself racy can take many forms. They feared tion.
for a King. would-be monarchs but also warned History thus teaches that ‘‘high
The Framers had risked their free- against fake populists, charismatic Crimes and Misdemeanors’’ referred
dom, and their lives, to escape mon- demagogues, and corrupt mainly to acts committed by officials
archy. Together, they resolved to build ‘‘kleptocrats.’’ using their power or privileges, that in-
a nation committed to democracy and In describing the kind of leader who flicted grave harm on society. Such
the rule of law—a beacon to the world might menace the Nation, Alexander great and dangerous offenses included
at an age of aristocracy. In the United Hamilton offered an especially striking treason, bribery, abuse of power, be-
States of America, ‘‘We the people’’ portrait. Mr. SCHIFF read this portrait trayal of the Nation, and corruption of
would be sovereign. We would choose in his introductory remarks and it office. And they were unified by a clear
our leaders and hold them accountable bears repetition. theme.
for how they exercised power on our be- When a man unprincipled in private life, Officials who abused, abandoned, or
half. desperate in his fortune, bold in his temper sought to benefit personally from their
In writing our Constitution, the . . . known to have scoffed in private at the public trust—and who threatened the
Framers recognized that we needed a principles of liberty—when such a man is rule of law if left in power—faced im-
Chief Executive who could lead the Na- seen to mount the hobby horse of popu-
peachment and removal. Abuse, be-
larity—to join in the cry of danger to lib-
tion with efficiency, energy, and dis- trayal, corruption—this is exactly the
erty—to take every opportunity of embar-
patch. So they created a powerful Pres- rassing the General Government & bringing understanding that the Framers incor-
idency and vested it with immense pub- it under suspicion—to flatter and fall in with porated into the Constitution.
lic trust. But this solution created a all the non sense of the zealots of the day— As Supreme Court Justice Robert
different problem. It may justly be suspected that his object is Jackson wisely observed, ‘‘the purpose
The Framers were not naive. They to throw things into confusion that he may of the Constitution was not only to
knew that power corrupts. They knew ride the storm and direct the whirlwind. grant power, but to keep it from get-
that Republics cannot flourish—and Hamilton was a wise man. He foresaw ting out of hand.’’
that people cannot live free—under a dangers far ahead of his time. Given Nowhere is that truer than in Presi-
corrupt leader. They foresaw that a the many threats they had to antici- dency. As the Framers created a formi-
President faithful only to himself pate, the Framers considered ex- dable Chief Executive, they made clear
would endanger every American. So tremely broad grounds for removing that impeachment is justified for seri-
the Framers built guardrails to ensure Presidents. For example, they debated ous abuse of power.
that the American people would re- setting the bar at maladministration, James Madison stated that impeach-
main free and to ensure that out-of- to allow removal for run-of-the-mill ment is necessary because the Presi-
control Presidents would not destroy policy disagreements between Congress dent ‘‘might pervert his administration
everything they sought to build. and the President. into a scheme of . . . oppression.’’
They imposed elections every 4 years They also considered very narrow Hamilton set the standard for re-
to ensure accountability. They banned grounds, strictly limiting impeach- moval at an ‘‘abuse or violation of
the President from profiting off his of- ment to treason and bribery. Ulti- some public trust.’’
fice. They divided the powers of the mately, they struck a balance. And in Massachusetts, Rev. Samuel
Federal Government across three They did not want Presidents re- Stillman asked: ‘‘With such a prospect
branches. They required the President moved for ordinary political or policy [of impeachment], will dare to abuse
to swear an oath to faithfully execute disagreements, but they intended im- the powers vested in him by the peo-
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the laws. peachments to reach the full spectrum ple?’’


To the Framers, the concept of faith- of Presidential misconduct that might Time and again, Americans who
ful execution was profoundly impor- threaten the Constitution, and they in- wrote and ratified the Constitution
tant. It prohibited the President from tended our Constitution to endure for confirmed that Presidents may be im-
exercising power in bad faith or with the ages. They adopted a standard that peached for abusing the power en-
corrupt intent, and thus ensured that meant, as Mason put it, to capture all trusted to them.

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S490 CONGRESSIONAL RECORD — SENATE January 23, 2020
To the Framers’ generation, more- with obstruction of Congress based on with a ‘‘disloyal mind,’’ according to
over, abuse of power was a well-under- his meritless assertion of executive the Supreme Court. And it is well es-
stood offense. It took two basic forms. privilege to cover up key White House tablished that the elements of bribery
The first occurred when someone exer- tape recordings. include corrupt motives.
cised power in ways far beyond what We will have more to say about the In sum, to the Framers, it was dan-
the law allowed—or in ways that de- obstruction charge in a moment. gerous for officials to exceed their con-
stroyed checks on their own authority. But the Nixon case also exemplifies stitutional power. But it was equally
The second occurred when an official the second way a President can abuse dangerous—perhaps more so—for offi-
exercised power to obtain an improper his power. President Nixon faced two cials to use their power with corrupt,
personal benefit, while ignoring or in- more Articles of Impeachment. Both of nefarious motives, thus perverting pub-
juring the national interest. In other these articles charged him with abus- lic trust for private gain.
words, the President may commit an ing the powers of his office with cor- Abuse of power is clearly an impeach-
impeachable abuse of power in two dif- rupt intent. One focused on his abuse of able offense under the Constitution. To
ferent ways: by engaging in clearly for- power to obstruct law enforcement. be honest, this should not be a con-
bidden acts or by taking actions that The other targeted his abuse of power troversial statement. I find it amazing
are allowed but for reasons that are to target political opponents. Each ar- that the President rejects it. Yet he
not allowed—for instance, to obtain ticle enumerated specific abuses by does. He insists there is no such thing
corrupt, private benefits. President Nixon, many of which in- as impeachable abuse of power. This
Let me unpack that idea, starting volved the wrongful, corrupt exercise position is dead wrong. All prior im-
with the first category: conduct clearly of Presidential power and many of peachments considered of high office
inconsistent with the law, including which were likely not statutory have always included abuse of power.
the law of checks and balances. The crimes. All of the experts who testified before
generation that rebelled against In explaining its second article, the the House Judiciary Committee, in-
George III knew what absolute power House Judiciary Committee stated cluding those called by the Repub-
looked like. It was no abstraction to that President Nixon’s conduct was licans, agreed that abuse of power is a
them. They had a different idea in ‘‘undertaken for his personal political high crime and misdemeanor.
mind when they organized our govern- advantage and not in furtherance of Here is testimony from Professor
ment. Most significantly, they placed any valid national policy objective.’’ Pam Karlan of Stanford Law School,
the President under the law, not above That should sound familiar to every- joined by Professor Gerhardt.
it. That means the President may exer- one here. It reflects the standard I have (Text of Videotape presentation:)
cise only the powers vested in him by already articulated: the exercise of of- Mr. EISEN. Professor Karlan, do scholars
the Constitution. He must also respect ficial power to corruptly obtain a per- of impeachment generally agree that abuse
the legal limits on the exercise of those sonal benefit while ignoring or injuring of power is an impeachable offense?
Ms. KARLAN. Yes, they do.
powers. the national interest. Mr. EISEN. Professor Gerhardt, do you
A President who egregiously refuses To be sure, all Presidents account to agree that abuse of power is impeachable?
to follow these restrictions, by engag- some extent for how their decisions in Mr. GERHARDT. Yes, sir.
ing in wrongful conduct, may be sub- office may affect their political pros- Mr. Manager NADLER. Professor
jected to impeachment for abuse of pects. The Constitution does not forbid Turley, who testified at the Republican
power. Two American impeachment in- that. Elected officials can and should invitation, echoed that view. In fact,
quiries have involved claims that a care about how voters will react to he not only agreed, but he ‘‘stressed’’
President grossly violated the Con- their decisions. They will often care that ‘‘it is possible to establish a case
stitution’s separation of powers. about whether their decisions make it for impeachment based on a non-crimi-
The first was in 1868, when the House more likely that they will be reelected. nal allegation of abuse of power.’’
impeached President Andrew Johnson, But there is a difference—a difference Professor Turley is hardly the only
who had succeeded Abraham Lincoln that matters—between political cal- legal expert to take that view. Another
after his assassination at Ford’s The- culus and outright corruption. who comes to mind is Professor Allen
atre. Some uses of Presidential power are Dershowitz—at least Alan Dershowitz
In firing the Secretary of War, Presi- so outrageous, so obviously improper, in 1998. Back then, here is what he had
dent Johnson allegedly violated the that if they are undertaken for a Presi- to say about impeachment for abuse of
Tenure of Office Act, which restricted dent’s own personal gain, with injury power.
the President’s power to remove Cabi- or indifference to core national inter- (Text of Videotape presentation:)
net members during the term of the ests, then they are obviously high Mr. DERSHOWITZ. It certainly doesn’t
President who had appointed them. crimes and misdemeanors. Otherwise, have to be a crime. If you have somebody
The House of Representatives ap- even the most egregious wrongdoing who completely corrupts the office of Presi-
proved articles charging it with con- could be justified as disagreement over dent and who abuses trust and poses great
duct forbidden by law. That is an ac- policy or politics, and corruption that danger to our liberty, you don’t need a tech-
tion that is an abuse of power on its would have shocked the Framers—that nical crime.
face. Ultimately, the Senate acquitted they expressly sought to prohibit— Mr. Manager NADLER. But we need
President Johnson by one vote. This would overcome the protections they not look to 1998 to find one of Presi-
was partly because there was a strong established for our benefit. dent Trump’s key allies espousing this
argument that the Tenure of Office There should be nothing surprising view. Consider the comments of our
Act, which President Johnson was about impeaching a President for using current Attorney General, William
charged with violating, was itself un- his power with corrupt motives. The Barr, a man known for his extraor-
constitutional—a position the Supreme House and Senate have confirmed this dinarily expansive view of Executive
Court later accepted. Of course, histo- point in prior impeachments. More im- power. In Attorney General Barr’s
rians have also noted that a key Sen- portant, the Constitution itself says view, as expressed about 18 months
ator appears to have changed his vote that we can do so. ago, Presidents cannot be indicted or
at the last minute in exchange for To start, the Constitution requires criminally investigated—but that’s OK
promises of special treatment by Presi- that the President ‘‘faithfully execute’’ because they can be impeached. That’s
dent Johnson. So perhaps that acquit- the law. A President who acts with cor- the safeguard. And in an impeachment,
tal means a little less than meets the rupt motives, putting himself above Attorney General added, the President
eye. country, has acted faithlessly, not is ‘‘answerable for any abuses of discre-
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In any event, just over 100 years faithfully executing the law. tion’’ and may be held ‘‘accountable
later, the House Judiciary Committee Moreover, the two impeachable of- under law for his misdeeds in office.’’
accused the second Chief Executive of fenses that the Constitution enumer- In other words, Attorney General
abusing his power in a manner egre- ates—Treason and Bribery—each re- Barr believes, along with the Office of
giously inconsistent with the law. The quire proof of the President’s mental Legal Counsel, that a President may
committee charged President Nixon state. For treason, he must have acted not be indicted. He believes that is OK.

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January 23, 2020 CONGRESSIONAL RECORD — SENATE S491
We don’t need that safeguard against a But they were explicit that betrayal of Indeed, no fewer than four delegates
President who would commit abuses of the Nation through plots with foreign to the Constitutional Convention—
power. It is OK because he can be im- powers must result in removal from of- Madison, plus Morris, Mason, and Ran-
peached. That is the safeguard for fice. And no such betrayal scared them dolph—listed corruption as a central
abuses of discretion and for his mis- more than foreign interference in our reason why Presidents must be subject
deeds in office. democracy. to impeachment and removal from of-
More recently, a group of the Na- In his Farewell Address, George fice. Impeachment was seen as espe-
tion’s leading constitutional scholars— Washington warned Americans ‘‘to be cially necessary for Presidential con-
ranging across the ideological spec- constantly awake, since history and duct corrupting our system of political
trum from Harvard Law Professor experience prove that foreign influence self-government. The Framers foresaw
Larry Tribe to former Ronald Reagan is one of the most baneful foes of re- and feared that a President might
Solicitor General Charles Fried—issued publican government.’’ someday place his personal interest in
a statement affirming that ‘‘abuse of And in a letter to Thomas Jefferson, reelection above our abiding commit-
power counts as an instance of im- John Adams wrote: ment to democracy. Such a President,
peachable high crimes and mis- You are apprehensive of foreign Inter- in their view, would need to be re-
demeanors under the Constitution.’’ ference, Intrigue, Influence.—So am I.—But,
moved from office.
as often as Elections happen, the danger of
They added: ‘‘That was clearly the Professor Feldman made this point in
foreign Influence recurs.
view of the Constitution’s framers.’’ his testimony before the House Judici-
I could go on, but you get the point. The Framers never suggested that
ary Committee:
Everyone, except President Trump and the President’s role in foreign affairs
(Text of Videotape presentation:)
his lawyers, agrees that Presidents can should prevent Congress from impeach-
Mr. FELDMAN. The Framers reserved im-
be impeached for abuse of power. The ing him for treachery in his dealings.
peachment for situations where the Presi-
President’s position amounts to noth- Case in point: they wrote a Constitu- dent abused his office, that is, used it for his
ing but self-serving constitutional non- tion that gives Congress extensive re- personal advantage. And, in particular, they
sense. And it is dangerous nonsense at sponsibility over foreign affairs—Con- were specifically worried about a situation
that. A President who sees no limit on gress—including the power to declare where the President used his office to facili-
his power manifestly threatens the Re- war, regulate foreign commerce, estab- tate corruptly his own reelection. That’s, in
lish a uniform rule of naturalization, fact, why they thought they needed impeach-
public. ment and why waiting for the next election
The Constitution always matches and define offenses against the law of
nations. wasn’t good enough.
power with constraint. That is true Professor Feldman’s testimony is
Contrary to the claims you heard the
even of powers vested in the Chief Ex- grounded in the records of the Con-
other day—that the President has ple-
ecutive. Nobody is entitled to wield stitutional Convention.
nary authority in foreign affairs and
power under the Constitution if they There, William Davie warned that a
there is nothing Congress can do about
ignore or betray the Nation’s interests President who abused his office might
it—the Supreme Court has stated that
to advance their own. President Nixon constitutional authority over the ‘‘con- spare no efforts or means whatever to
was wrong in asserting that ‘‘when the duct of the foreign relations of our get himself reelected and, thus, to es-
President does it, that means it is not Government’’ is shared between ‘‘the cape justice.
illegal.’’ And President Trump was Executive and Legislative [branches].’’ George Mason built on Davie’s posi-
equally wrong when he declared that Or to quote another Supreme Court tion, asking: ‘‘Shall the man who has
he had ‘‘the right to do whatever I case: ‘‘The Executive is not free from practiced corruption, and by that
want as president.’’ the ordinary controls and checks of means procured his appointment to the
Under the Constitution, he is subject Congress merely because foreign affairs first instance, be suffered to escape
to impeachment and removal for abuse are at issue.’’ punishment by repeating his guilt?’’
of power. And as we will prove, that is In these realms, Justice Jackson Mason’s concern was straightforward.
exactly what must happen here. wrote, the Constitution ‘‘enjoins upon He feared that Presidents would win
Of course, President Trump’s abuse its branches separateness but inter- election by improperly influencing
of power—as charged in the first Arti- dependence, autonomy but reci- members of the electoral college.
cle of Impeachment and supported by a procity.’’ Gouverneur Morris later echoed this
mountain of evidence—is aggravated Where the President betrays our na- point, urging that the Executive ought
by another concern at the heart of the tional security and foreign policy in- therefore to be impeachable for cor-
Constitution’s impeachment clause. terests for his own personal gain, he is rupting his electors.
Betrayal. The Founders of our coun- unquestionably subject to impeach- Taken together, these debates dem-
try were not fearful men. When they ment and removal. The same is true of onstrate an essential point: The Fram-
wrote our Constitution, they had only a different concern raised by the Fram- ers knew that a President who abused
recently won a bloody war for inde- ers: the use of Presidential power to power to manipulate elections pre-
pendence. But as they looked outward corrupt the elections and the Office of sented the greatest possible threat to
from their new Nation, they saw Kings the Presidency. the Constitution. After all, the beating
scheming for power, promising fabu- The Framers were no strangers to heart of the Framers’ project was a
lous wealth to spies and deserters. The corruption. They understood that cor- commitment to popular sovereignty.
United States could be enmeshed in ruption had broken Rome, debased At a time when democratic self-gov-
such conspiracies. ‘‘Foreign powers,’’ Britain, and threatened America. They ernment existed almost nowhere on
warned Elbridge Gerry, ‘‘will inter- saw no shortage of threats to the Re- Earth, the Framers imagined a society
meddle in our affairs, and spare no ex- public and fought valiantly to guard where power flowed from and returned
pense to influence them.’’ against them. But as one scholar to the people. That is why the Presi-
The young Republic might not sur- writes, ‘‘the big fear underlying all the dent and Members of Congress must
vive a President who schemed with small fears was whether they’d be able stand before the public for reelection
other nations, entangling himself in se- to control corruption.’’ on fixed terms, and if the President
cret deals that harmed our democracy. So the Framers attempted to build a abuses his power to corrupt those elec-
That reality loomed over the impeach- government in which officials would tions, he threatens the entire system.
ment debate in Philadelphia. not use public power for personal bene- As Professor Karlan explained in her
Explaining why the Constitution re- fits, disregarding the public good in testimony:
quired an impeachment option, Madi- pursuit of their own advancement.
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(Text of Videotape presentation:)


son argued that a President ‘‘might be- This principle applied with special
Professor KARLAN. [D]rawing a foreign
tray his trust to foreign powers.’’ To be force to the Presidency. As Madison
government into our elections is an espe-
sure, the Framers did not intend im- emphasized, because the Presidency cially serious abuse of power because it un-
peachment for genuine, good faith dis- ‘‘was to be administered by a single dermines democracy itself. Our Constitution
agreements between the President and man,’’ his corruption ‘‘might be fatal begins with the words ‘‘We the people’’ for a
Congress over matters of diplomacy. to the Republic.’’ reason. Our government, in James Madison’s

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S492 CONGRESSIONAL RECORD — SENATE January 23, 2020
words, derives all its powers directly or indi- is constitutionally shortsighted.’’ He George Mason expressed concern that
rectly from the great body of the people, and added: ‘‘If successful, it would also the President might abuse the pardon
the way it derives these powers is through come at a considerable cost for the power to ‘‘screen from punishment
elections. Elections matter, both to the le-
Constitution.’’ Although I disagree those whom he had secretly instigated
gitimacy of our government and to all of our
individual freedoms, because, as the Su- with Professor Turley on many, many to commit the crime, and thereby pre-
preme Court declared more than a century issues, here, he is clearly right. vent a discovery of his own guilt.’’
ago, voting is preservative of all rights. I might say the same thing of then- Sound familiar?
Mr. Manager NADLER. Professor House Manager LINDSEY GRAHAM, who, James Madison responded directly to
Karlan is right—elections matter. They in President Clinton’s trial, flatly re- Mason’s concern because Mason’s con-
make our government legitimate, and jected the notion that impeachable of- cern was that the pardon power might
they protect our freedom. A President fenses are limited to violations of es- be too broad and the President might
who abuses his power in order to knee- tablished law. misuse his broad pardon power to par-
cap political opponents and spread Rus- This is what he said: don his own coconspirators and prevent
(Text of Videotape presentation:) a discovery of his own guilt.
sian conspiracy theories—a President
who uses his office to ask for or, even Mr. GRAHAM. What is a high crime? How Madison responded:
about if an important person hurts somebody If the President be connected, in any sus-
worse, to compel foreign nations to of low means? It is not very scholarly, but I picious manner, with any person, and there
meddle in our elections—is a President think it’s the truth. I think that’s what they be grounds to believe he will shelter him, the
who attacks the very foundations of meant by high crimes. It doesn’t have to be House of Representatives can impeach him;
our liberty. That is a grave abuse of a crime. It is just—when you start using they can remove him if found guilty.
power. It is an unprecedented betrayal your office and you’re acting in a way that
At the North Carolina ratifying con-
of the national interest. It is a shock- hurts people, you have committed a high
crime. vention, James Iredell, who would go
ing corruption of the election process, on to serve on the Supreme Court, re-
and it is without a doubt a crime Mr. Manager NADLER. There are
sponded to the same concern. He as-
against the Constitution, warranting, many reasons why high crimes and
sured delegates that if the President
demanding his removal from office. misdemeanors are not and cannot be
abused his power with ‘‘some corrupt
The Framers expected that free elec- limited to violations of the Criminal
motive or other,’’ he would be ‘‘liable
tions would be the usual means of pro- Code. We address them at length in the
for impeachment.’’
tecting our freedoms, but they knew briefs we have filed and in the report of
In the early 1800s, this understanding
that a President who sought foreign as- the House Judiciary Committee re-
was echoed by Supreme Court Justice
sistance in his campaign must be re- specting these Articles of Impeach-
Story, who wrote a famous treatise on
moved from office before he could steal ment, but I would like to highlight a
the Constitution. There, he rejected
the next election. few especially important consider-
the equation of crimes and impeach-
In a last-ditch legal defense of their ations. I will tick through them quick-
able offenses, which, he stated, ‘‘must
client, the President’s lawyers argue ly.
be examined upon very broad and com-
that impeachment and removal are First, there is the matter of the his-
prehensive principles of public policy
subject to statutory crimes or to of- torical record. The Framers could not
and duty.’’
fenses against established law, that the have meant to limit impeachment to
Later in American history, Chief Jus-
President cannot be impeached because statutory crimes. Presidents are to be
tice and former President William
he has not committed a crime. This impeached and removed from office for
Howard Taft, as well as Chief Justice
view is completely wrong. It has no ‘‘treason, bribery, and other high
Charles Evans Hughes, publicly stated
support in constitutional text and Crimes and Misdemeanors,’’ but brib-
that impeachable offenses are not lim-
structure, original meaning, congres- ery was not made a statutory crime
ited to crimes but, instead, capture a
sional precedents, common sense, or until 1837.
broader range of misconduct. Indeed,
the consensus of credible experts. In Second, the President’s position is
under Chief Justice Taft, the Supreme
other words, it conflicts with every rel- contradicted by the Constitution’s
Court unanimously observed that
evant consideration. text. The Framers repeatedly referred
abuse of the President’s pardon power
Professor Gerhardt succinctly cap- to ‘‘crimes,’’ ‘‘offenses,’’ and ‘‘punish-
to frustrate the enforcement of court
tured the consensus view in his testi- ment’’ elsewhere in the Constitution,
orders ‘‘would suggest resort to im-
mony. but here they refer to ‘‘high Crimes.’’
peachment.’’ Now, notice, pardon
(Text of Videotape presentation:) That matters. It matters because the
power is unlimited. What they are say-
COUNSEL. Now, Professor Gerhardt, does phrase ‘‘high Crimes’’ refers to offenses
ing here is the abuse of the pardon
a high crime and misdemeanor require an ac- against the State rather than to work-
power. Abuse of the pardon power for a
tual statutory crime? aday crimes, and it matters because
Mr. GERHARDT. No. It plainly does not. corrupt motive is impeachable.
the phrase ‘‘high crimes and mis-
Everything we know about the history of im- If all of that authority is not enough
demeanors’’ had a rich history in Eng-
peachment reinforces the conclusion that to convince you, there is more.
land, where it had been applied in
impeachable offenses do not have to be