Subpoena issued: House Democrats issued a subpoena for US Ambassador to the European Union Gordon Sondland after the State Department directed him not to testify before Congress this morning.
Whistleblower protection: Extreme measures are being considered to protect the identity of a whistleblower who filed a complaint about President Trump’s conduct with Ukraine, according to several sources familiar with the process.
CNN has corroborated 14 claims in the whistleblower complaint
From CNN's Marshall Cohen and Zachary B. Wolf
President Donald Trump is pushing back against a damning whistleblower complaint about his dealings with Ukraine by falsely claiming the complaint has been debunked.
According to a CNN analysis, however, the overwhelming majority of allegations in the complaint have been corroborated by official government documents, Trump’s public statements, and news reporting.
Here are some of the latest developments in the impeachment inquiry into President Trump:
The latest:
Trump directed administration officials to work through Giuliani on Ukraine. Trump directed top officials to deal with his private attorney Rudy Giuliani when Zelensky sought to meet Trump, in a clear circumvention of official channels, according to two sources familiar with the conversation.
White House won’t cooperate: In a letter to House Speaker Nancy Pelosi, the White House says it won’t cooperate with the impeachment inquiry because there hasn’t been a House vote authorizing the inquiry.
Pelosi is ruling out a vote anyway: Democrats won’t hold a vote to authorize the impeachment inquiry because they don’t think it’s necessary, they don’t want to put members in a tough spot and they don’t want to give Republicans subpoena power.
Sondland testimony blocked: The State Department blocked Tuesday’s scheduled testimony of US Ambassador to the European Union Gordon Sondland at the last minute, signaling Trump’s new tactic of stonewalling the impeachment inquiry.
Trump lawyers up: He’s retained former South Carolina congressman Trey Gowdy, who is most famous for his role as a Benghazi prosecutor during the Obama administration.
Giuliani could sidestep House for Senate: Trump’s lawyer is not cooperating with the impeachment inquiry, but could testify before a Senate committee.
More than Ukraine: House Democrats could expand their inquiry and ready articles of impeachment that also include obstruction of justice and meddling with elections, according to their lawyer.
Link Copied!
Facebook refuses to take down a Trump campaign ad that accuses Biden of Ukraine corruption
From CNN's Sarah Mucha
Facebook denied a request from Joe Biden’s campaign to take down a video ad by President Trump’s reelection campaign that falsely accuses Biden of corruption in Ukraine policy under the Obama administration.
The Trump campaign ad: The video accuses Biden of using his power as then-vice president to influence Ukraine in order to benefit his son, Hunter. There is no evidence of wrongdoing by Joe or Hunter Biden. CNN has refused to air the ad.
The Biden campaign responded to the Facebook letter by calling the decision “unacceptable.”
Some context: Trump has repeatedly claimed that Biden had called for the firing of a Ukrainian prosecutor who was “investigating his son.”
There is no evidence Hunter Biden was ever under investigation. The investigation was into the business dealings of the owner of a Ukrainian natural gas company, Burisma Holdings, where Hunter Biden sat on the board of directors.
Rudy Giuliani says he "would love to testify" in the Senate
Rudy Giuliani, former New York City mayor and current lawyer for President Donald Trump, at the White House on May 30, 2018.
Alex Wong/Getty Images
Rudy Giuliani, President Trump’s personal lawyer, said Tuesday night he would “love to testify” in the Senate.
Speaking on Fox News, Giuliani said the decision to testify wasn’t solely up to him.
“I have to weigh that with my client and the other lawyers involved,” he said. “It’s not a unitary decision. What decision I make may affect the other decisions.”
Giuliani invited to the Hill: Giuliani’s statement on Fox News comes after the chairman of the Senate Judiciary Committee, Lindsey Graham, said earlier Tuesday that he plans to invite Giuliani to speak to the committee about the allegations of corruption in Ukraine.
Why we’re talking about Giuliani: Giuliani has been vocal since the Ukraine scandal broke, claiming that he has dirt on former Vice President Joe Biden and his son, Hunter Biden. Earlier this month, Giuliani first denied then admitted in an interview on CNN that he asked Ukrainian officials to investigate Joe Biden. Important to note, there is no evidence of wrongdoing by either Joe Biden or his son.
Link Copied!
Trump tweets that this is "the greatest witch hunt" in history
President Trump called the ongoing impeachment inquiry “the greatest witch hunt in the history of the USA” on Tuesday night.
He made the comment on Twitter in response to an earlier tweet by Senate Majority Leader Mitch McConnell.
“Overturning the results of an American election requires the highest level of fairness and due process, as it strikes at the core of our democratic process,” McConnell had tweeted. “So far, the House has fallen far short by failing to follow the same basic procedures that it has followed for every other President in our history.”
Link Copied!
White House prepares for impeachment battle to go to courts, source says
From CNN's Jim Acosta
A source familiar with impeachment deliberations said the President’s legal team is prepared for the current battle to go to the courts.
“All options are on the table,” the source said.
The source declined to describe its letter today as going to “war” with House Democrats. But the source agreed it’s an “escalating skirmish.”
About the letter: The White House sent a blistering letter to congressional Democrats today. In it, President Trump’s lawyers said the President and his administration won’t cooperate in an ongoing impeachment inquiry, arguing the proceedings amount to an illegitimate effort to overturn the 2016 election results.
Link Copied!
GOP challenger: Trump "should trust the American people to see the truth if there is nothing to hide"
From CNN's Rebecca Buck
Republican presidential candidate and former South Carolina Rep. Mark Sanford reacted tonight to a letter the White House sent to House Democrats.
In the letter to the House, the White House claims Trump’s due process rights have been circumvented without a vote, and that Trump has no choice but to not cooperate. The letter also makes clear the administration will continue to reject requests from Democrats if the proceedings continue in their current fashion.
Link Copied!
Trump told Perry and State Department officials to talk to Giuliani about Ukraine as early as May
From CNN's Katelyn Polantz, Gloria Borger and Kylie Atwood
Energy Secretary Rick Perry
President Trump directed Secretary of Energy Rick Perry and two top State Department officials to deal with his private attorney Rudy Giuliani when the Ukrainian president sought to meet Trump in a clear circumvention of official channels, according to two sources familiar with the conversation.
Trump believed the country was still rampantly corrupt and said that if Ukrainian President Volodymyr Zelensky wanted to meet with him, Giuliani would have to be convinced first, one source said.
Trump’s push to have Giuliani — his personal attorney — as gatekeeper is more direct than what was previously disclosed by one of the meeting’s participants in his statement to the House last week. It also further demonstrates how significant Giuliani was in brokering access to the President regarding Ukraine policy and in passing messages to other administration officials.
A key accusation in the whistleblower’s complaint that has prompted the impeachment probe into the President’s dealings with Ukraine is that Giuliani, a private citizen, had been presenting to Ukraine a US policy different than that from US diplomats.
At the May 23 meeting, Perry, US Ambassador to the European Union Gordon Sondland and Kurt Volker, the State Department’s special representative to Ukraine, were reporting back to Trump after they returned from Zelensky’s inauguration.
Their goal was to tell Trump that they had a favorable impression of Zelensky and his government, and that he was a reformer who Trump should trust and engage with, according to three sources familiar with the meeting.
Trey Gowdy expected to work with White House on impeachment inquiry, sources say
From CNN's Kaitlan Collins and Pamela Brown
Trey Gowdy, a former congressman and an ex-federal prosecutor, is expected to work with the White House from the outside as counsel, two sources tell CNN.
As of now, he is not expected to join the administration.
CNN was first to report the White House reached out to him to help with the impeachment fight. Gowdy was at the White House today and met with chief of staff Mick Mulvaney, an additional official said.
Link Copied!
5 key developments in the impeachment inquiry
Jabin Botsford/The Washington Post/Getty Images
Here are some of the latest developments in the impeachment inquiry into President Trump:
White House letter: The White House sent a blistering letter to congressional Democrats this afternoon. In it, Trump’s lawyers said the President and his administration won’t cooperate in an ongoing impeachment inquiry, arguing the proceedings amount to an illegitimate effort to overturn the 2016 election results.
Subpoena issued: House Democrats issued a subpoena for US Ambassador to the European Union Gordon Sondland after the State Department directed him not to testify before Congress this morning. The subpoena demanded Sondland turn over documents by Oct. 14, and appear for a deposition on Oct. 16.
Focus on another Trump phone call: CNN reports that Sondland called Trump to find out what was going on after the top US diplomat in Ukraine, Bill Taylor, raised concerns in a text to Sondland about withholding assistance, according to a source with knowledge. Trump emphatically told him no quid pro quo, the source said.
Giuliani invited to the Hill: Republican Sen. Lindsey Graham extended an invitation to Trump’s personal attorney, Rudy Giuliani, to appear before the Senate Judiciary Committee. In a tweet, Graham said he has “heard on numerous occasions disturbing allegations by [Giuliani] about corruption in Ukraine.” In response to the invite, Giuliani told CNN: “Love Lindsey, but I am still a lawyer and I will have to deal with privilege.”
The Ukraine call: A White House official who listened in on Trump’s July call with Ukrainian President Volodymyr Zelensky characterized the conversation as “crazy,” “frightening” and was described as “shaken” by the call, according to a memo written by the whistleblower behind the recent intelligence community report about the conversation flagged to Congress.
Link Copied!
House Democrats issue subpoena for Gordon Sondland
From CNN's Manu Raju
The three chairmen leading the investigation into President Trump’s phone call with Ukraine’s president issued a subpoena today for US Ambassador to the European Union Gordon Sondland.
The subpoena requires Sondland to “testify at a deposition next Wednesday and to produce documents recovered from his personal devices before the deposition,” according to the chairmen’s statement.
Sondland was scheduled to testify before three House committees today, but the State Department blocked him from talking to Congress. Sondland’s attorney Robert Luskin said he had no choice but to comply.
“He is a sitting ambassador and employee of State and is required to follow their direction,” Luskin said this morning.
Link Copied!
Read the White House letter to House Democrats
In the White House’s letter to congressional Democrats, President Trump’s lawyers said the President and his administration won’t cooperate in an ongoing impeachment inquiry, arguing the proceedings amount to an illegitimate effort to overturn the 2016 election results.
In the letter to the House, the White House claims Trump’s due process rights have been circumvented without a vote, and that Trump has no choice but to not cooperate.
Senior administration official: White House won't participate in impeachment inquiry "under the current circumstances"
From CNN's Betsy Klein
A senior administration official declined to say how the White House would cooperate with the Democratic-controlled House of Representatives if a successful impeachment vote was held.
“I don’t want to speculate about what would happen in various hypothetical situations. You know, we’ll take this step by step. We have one concrete situation now that we’re confronting, we’ve addressed it. If the House wants to engage and alter the current circumstances then we’ll have to evaluate that as it goes along,” a senior administration official told reporters on a briefing call outlining the White House’s letter to the House today.
Asked again what the bar for the White House’s cooperation would be, the official said, “I’m not going to try to provide particular red lines or things like that… We’d have to see what the House wants to do to try to remedy” the flaws within its current process, as the White House counsel expressed in the letter.
The senior official also described the letter during the call, lamenting that the House’s current process “violates basic due process standards,” and criticizing the House’s process has containing “flaws denying fundamental fairness and due process contrary to all history and precedent in this country.”
The senior official said that the White House would not participate “under the current circumstances.”
“I don’t want to try to predict” a future response, the official later reiterated, adding, “We’ll have to see how it develops.”
Link Copied!
White House press secretary calls impeachment inquiry "an affront to the Constitution"
White House press secretary Stephanie Grisham is seen at the White House on July 2019.
Jonathan Ernst/Reuters
White House press secretary Stephanie Grisham called the impeachment inquiry into President Trump “partisan proceedings” that are “an affront to the Constitution.”
In a statement, Grisham slammed House Democrats, saying they are “pursuing purely partisan goals, including influencing the upcoming 2020 election.
Read her full statement:
“The President has done nothing wrong, and the Democrats know it. For purely political reasons, the Democrats have decided their desire to overturn the outcome of the 2016 election allows them to conduct a so-called impeachment inquiry that ignores the fundamental rights guaranteed to every American. These partisan proceedings are an affront to the Constitution — as they are being held behind closed doors and deny the President the right to call witnesses, to cross-examine witnesses, to have access to evidence, and many other basic rights.
Today, on behalf of President Donald J. Trump, Pat Cipollone, Counsel to the President, sent a letter to Speaker Pelosi and Chairmen Engel, Schiff, and Cummings. The letter demonstrates that the Democrats’ inquiry lacks any legitimate constitutional foundation, any pretense of fairness, and even the most elementary due process protections. Democrats are pursuing purely partisan goals, including influencing the upcoming 2020 election. In the process, they are violating civil liberties and the separation of powers, threatening Executive Branch officials with punishment simply for exercising their constitutional rights and prerogatives. All of this violates the Constitution, the rule of law, and every past precedent. For these reasons, the Executive Branch cannot be expected to, and will not participate in, this exercise of partisan political theater.
President Trump and his entire Administration will, however, keep fighting for the American people, growing the economy, building prosperity, and protecting America’s interests at home and abroad.”
Podcast: A look at the blocking of Sondland's deposition
CNN Political Director David Chalian covers the Trump administration’s actions to block US Ambassador Gordon Sondland’s testimony in today’s episode of “The Daily DC: Impeachment Watch” podcast.
Chalian also looks at:
The impeachment war now underway between the Trump administration and House Democrats
White House pressure on House Speaker Nancy Pelosi to vote on the floor on the formal impeachment inquiry
House Intelligence Committee Chair Adam Schiff’s statements today, in which he called the blocking of Sondland’s deposition “strong evidence of obstruction”
A new poll that shows a majority of Americans support the impeachment inquiry
Chalian is joined by CNNLaw Enforcement Analyst Josh Campbell.
House Intelligence Chairman Adam Schiff arrives on Capitol Hill in Washington on Oct. 8, 2019
Alex Wroblewski/Bloomberg/Getty Images
In the White House’s letter to Congressional Democrats, President Trump’s lawyers take direct aim at House Intelligence Chairman Adam Schiff for saying his committee hadn’t had contact with the whistleblower and for reading a dramatized version of Trump’s call with Ukraine’s president.
Some context: The whistleblower first contacted the staff of the House Intelligence Committee for guidance before sending the complaint to the Trump administration. However, the committee said members did not see the complaint before it was submitted.
The White House letter also addresses what White House lawyers contend are irregularities in the way Democrats have moved forward with the impeachment inquiry.
It identifies the current inability for House Republicans to call witnesses or issue subpoenas, or for the President’s own lawyers to cross-examine witnesses.
The letter is expected to be sent to the Hill soon.
Link Copied!
White House argues in letter that Pelosi is holding an illegitimate impeachment process
From CNN's Pamela Brown and Kevin Liptak
Carolyn Kaster/AP
President Trump’s lawyers will soon send a blistering letter to House Democrats.
In it, they say the President and his administration won’t cooperate in an ongoing impeachment inquiry, arguing the proceedings amount to an illegitimate effort to overturn the 2016 election results.
The letter is expected to be sent from the White House soon.
The lengthy letter all but dares House Speaker Nancy Pelosi to hold a formal vote opening an impeachment inquiry into Trump, a step she has so far resisted. The letter claims Trump’s due process rights have been circumvented without a vote and that Trump has no choice but to not cooperate.
The letter also makes clear the administration will continue to reject requests from Democrats if the proceedings continue in their current fashion.
Link Copied!
NYT: Trump's Ukraine call was "crazy" and "frightening," official who talked to whistleblower says
Evan Vucci/AP
The whistleblower who first raised the complaint about President Trump’s July phone call with Ukraine’s president spoke to a White House official who listened to the call — and that official called the conversation “crazy” and “frighting,” according to a new New York Times report.
The whistleblower wrote a memo, in which he or she described that the White House official was “visibly shaken by what had transpired.” The whistleblower wrote that the official said the call was “completely lacking in substance related to national security.”
The New York Times reports that the whistleblower described “a palpable sense of concern” that “had already taken hold among at least some in the White House that the call had veered well outside the bounds of traditional diplomacy.”
Link Copied!
House "managers" would serve as prosecutors in a Senate impeachment trial
From CNN legal analyst Elie Honig
Saul Loeb/AFP/Getty Images
Each week, CNN legal analyst and former federal and state prosecutor, Elie Honig, will be answering your questions on impeachment as the inquiry proceeds.
Here’s one of them: Who serves as the prosecutor in a Senate impeachment trial?
If the House impeaches President Trump, then it will appoint a team of House “managers” to present the case for impeachment in the Senate trial. During the 1999 Senate impeachment trial of Bill Clinton, the Republican-controlled House appointed a team of 13 representatives to serve as managers and present the case against Clinton. I’d expect the current House to include former prosecutors Adam Schiff, Ted Lieu and Eric Swalwell, among others, on its team.
The President would appoint a team of lawyers to defend him. Those lawyers can come from anywhere, including private practice. Clinton chose a team of high-powered attorneys – including White House counsel and private lawyers.
Who’s the jury? The 100 senators then serve essentially as a jury, with a two-thirds vote — 67 votes out of 100 — required to convict and remove the subject from office.
Link Copied!
House Democrats will have a call Friday. The impeachment inquiry will likely come up.
From CNN's Manu Raju
Sarah Silbiger/The Washington Post/Getty Images
House Democrats are having a caucus-wide call Friday, according to two sources, and House Speaker Nancy Pelosi is expected to be on the call.
The topic of the call is to be determined, but the impeachment inquiry is very likely to be discussed.
The Democrats have been having periodic calls during recess on a range of topics. Friday’s planned call comes before the House returns next week, as members are eager to learn details on next steps.
Link Copied!
White House is seeking outside impeachment counsel help
From CNN's Pamela Brown
Trey Gowdy, a former congressman from South Carolina, is pictured at the Library of Congress in Washington, in December 2018.
Zach Gibson/Bloomberg/Getty
The White House has reached out to outside lawyers for impeachment counsel, according to a person familiar.
One of the lawyers they reached out to is Trey Gowdy, a former congressman and an ex-federal prosecutor. He now regularly appears on Fox News.
Link Copied!
Ukraine's former prosecutor general says he met with Rudy Giuliani in New York City
From CNN’s Nathan Hodge, Mary Ilyushina and Anastasia Graham-Yooll
Ukrainian Prosecutor General Yuriy Lutsenko speaks during a briefing at the Central Election Commission in Kiev, Ukraine, in March 2019.
Efrem Lukatsky/AP
Former Ukrainian Prosecutor General Yuriy Lutsenko revealed details of his meetings with President Trump’s personal lawyer Rudy Giuliani in an interview with Ukraine’s Radio NV, which aired today.
According to an excerpt of the interview published on the NV.ua website, Lutsenko said the first proposal to meet Giuliani in the US came to him at the end of 2017. According to Lutsenko, he agreed after a fourth request and traveled to the US privately to meet Giuliani.
Lutsenko said he agreed to meet because it was “the only way to try to achieve a joint investigation into the money of the organized criminal group of [former Ukrainian President Viktor] Yanukovych,” who fled Ukraine in 2014 and is currently in Russia.
“We talked for three days, about two to three hours every day,” Lutsenko said of his conversations with Giuliani. “He also asked one day if I could tell him about the possible interference of Ukrainian figures in the 2016 US election. It seems to me that these actions are obvious, but they do not fall under the Ukrainian Criminal Code.”
Lutsenko added that if he found that any such activities fell under US law, he would have been willing to start joint investigation with the US. During a meeting on the second day of his visit to the United States, according to Lutsenko, he and Giuliani discussed the case of Burisma, which previously employed Hunter Biden, the son of former Vice President Joe Biden.
There is no evidence of wrongdoing by either Joe or Hunter Biden.
What we know: As reported by CNN, Lutsenko and another former prosecutor general, Viktor Shokin, supplied Giuliani’s team with a list of unsupported allegations that asserted corruption by the Bidens, as well as collusion between officials in Ukraine and the Democrats in the US to publicize damaging information about Trump campaign chairman Paul Manafort in 2016. Lutsenko, who left office in August, has changed his account of events surrounding those efforts several times.
Ukraine’s State Bureau of Investigation last week opened a criminal proceeding involving Lutsenko, an agency official told CNN.
Link Copied!
Trump confidant: The President is "overreacting" by blocking Sondland's deposition
Chris Ruddy, a confidant of President Trump, told CNN’s Christiane Amanpour that he believes Trump is “overreacting” by preventing US Ambassador to the European Union Gordon Sondland from testifying before Congress.
“I think the President, frankly, is overreacting and the White House is over reacting by withholding testimony,” Ruddy said.
The Newsmax Media CEO also said the impeachment inquiry is “a mortal threat to his presidency, and he certainly should treat it that way.”
Watch for more:
About Sondland’s deposition: The State Department directed Sondland not to testify before Congress today. House Democrats said they will issue a subpoena for the testimony in response.
Link Copied!
White House officials scrambled to alert lawyers and contain damage after Trump's Ukraine call
From CNN's Pamela Brown, Jeremy Diamond, Kaitlan Collins and Kevin Liptak
Aides to President Trump scrambled in the aftermath of his July 25 phone call with Ukraine’s leader — both to alert lawyers of their concerns and to contain the damage, new CNN reporting shows.
At least one National Security Council official alerted the White House’s national security lawyers about the concerns, three sources familiar with the matter said. Those same lawyers would later order the transcript of the call moved to a highly classified server typically reserved for code-word classified material.
Unsettled aides also immediately began quizzing each other about whether they should alert senior officials who were not on the call — mainly those at the Justice Department, since Trump had invoked the agency’s boss, Attorney General Bill Barr, multiple times during the 30-minute talk.
White House lawyers, aware of the tumult, initially believed it could be contained within the walls of the White House. As more people became aware of the conversation — and began raising their internal concerns about it — a rough transcript of the call was stored away in a highly classified server that few could access. The order to move the transcript came from the White House’s national security lawyers to prevent more people from seeing it, according to people familiar with the situation.
The scramble and fallout from the call, described by six people familiar with it, parallels and expands upon details described in the whistleblower complaint. The anxiety and internal concern reflect a phone conversation that deeply troubled national security professionals, even as Trump now insists there was nothing wrong with how he conducted himself. And it shows an ultimately unsuccessful effort to contain the tumult by the administration’s lawyers.
Link Copied!
A federal judge brought up Watergate in a hearing with DOJ lawyers today
From CNN's Katelyn Polantz
A federal judge forced the Justice Department today to compare proceedings during Watergate to the impeachment inquiry into President Trump.
Judge Beryl Howell grilled House and Justice Department lawyers on the current inquiry for more than two hours. The hearing was set to focus on grand jury secrets in the report by special counsel Robert Mueller, but Howell has asked several pointed questions about the parameters of the current impeachment probe.
At one point, Howell cut off a Justice Department lawyer arguing the administration could withhold grand jury secrets from Congress.
She then brought up Judge John Sirica, who became one of President Richard Nixon’s greatest foils during Watergate. Sirica had ruled to give a secret grand jury report to Congress as it investigated Nixon. Its release bolstered impeachment so much it was called the “Watergate roadmap.”
Howell asked twice, “Was former Judge Sirica wrong?”
Justice Department attorney Elizabeth Shapiro said the Nixon-era judge wasn’t wrong at the time, but the Watergate grand jury decision by the court may have resulted differently today.
Howell responded to Shapiro, saying, “Wow.”
“The Department (of Justice) is taking an extraordinary position in this case,” Howell said.
What this hearing is all about: This hearing has covered many of the legal questions that the House and White House are fighting over this week as the Ukraine impeachment inquiry moves forward.
Speaker of the House Nancy Pelosi stressed the importance of protecting whistleblowers as she spoke to reporters in Seattle.
“Whistleblowers must be protected,” she added.
Some background: House Intelligence Committee and lawyers for the whistleblower who filed a complaint about President Trump’s conduct are discussing extreme measures to protect the individual’s identity amid growing concerns about his or her safety, according to several sources familiar with the process.
It is still unclear when the whistleblower might ultimately talk with the committee, but among the measures being discussed are the possibility of using an off-site location, limiting Hill staff and members who would be present and even disguising the individual’s image and voice.
Link Copied!
Pelosi: Trump is "obstructing Congress from getting the facts that we need"
Win McNamee/Getty Images
House Speaker Nancy Pelosi, speaking to reporters in Seattle, said President Trump is “obstructing Congress from getting the facts that we need” after his administration blocked a US diplomat’s deposition this morning.
She went on to say Trump’s behavior is “an abuse of power,” adding “that is one of the reasons that we have an impeachment inquiry.”
Earlier today, the Trump administration blocked US Ambassador to European Union Gordon Sondland’s deposition before three House committees.
Pelosi said Sondland had said to his lawyers that he was prepared to testify.
“There will be a subpoena issued for him to come testify,” she said.
Link Copied!
Nancy Pelosi is "totally on board" with the impeachment inquiry scope, lawyer says
From CNN's Katelyn Polantz
House General Counsel Doug Letter said he spoke to Speaker of the House Nancy Pelosi last night and “she is totally on board with this.”
Letter told Judge Beryl Howell earlier in today’s hearing that the House of Representatives may be considering articles of impeachment against the President that go further than the Ukraine issue — and may include obstruction of justice and interference with federal elections accusations.
What this hearing is all about: This hearing has covered many of the legal questions that the House and White House are fighting over this week as the Ukraine impeachment inquiry moves forward.
The hearing was set to focus on grand jury secrets in the report by special counsel Robert Mueller, but Howell has asked several pointed questions about the parameters of the current impeachment probe.
Link Copied!
Feinstein says she welcomes the "opportunity to question Rudy Giuliani under oath"
Mandel Ngan/AFP/Getty Images
Senate Judiciary Ranking Member Diane Feinstein reacted to the invitation earlier today from Committee Chairman Lindsey Graham to have Rudy Giuliani testify about Ukraine, saying it would “give us an opportunity to help separate fact from fiction.”
Her statement continued: “Democratic members have plenty of questions for Mr. Giuliani and this would give us an opportunity to help separate fact from fiction for the American people.”
Why we are talking about Rudy Giuliani today: Earlier today, Graham extended an invitation to Giuliani to appear before the Senate Judiciary Committee. In a tweet, Graham said he has “heard on numerous occasions disturbing allegations by [Giuliani] about corruption in Ukraine.”
In response to the invite, Giuliani told CNN: “Love Lindsey, but I am still a lawyer and I will have to deal with privilege.”
Giuliani has been vocal since the Ukraine scandal broke, claiming that he has dirt on Vice President Joe Biden and his son, Hunter Biden. Earlier this month, Giuliani first denied then admitted in an interview on CNN that he asked Ukrainian officials to investigate Joe Biden. Important to note, there is no evidence of wrongdoing by either Joe Biden or his son.
Giuliani has also been among the people pushing a theory that Ukraine interfered in the 2016 election through “collusion” with Democrats.
Link Copied!
House Democrats will subpoena Sondland
From CNN's Jeremy Herb
John Rudoff/Sipa USA/Newscom
Three Democratic House committees chairs put out a joint statement today saying they will issue a subpoena to the US Ambassador to the EU Gordon Sondland to testify and turn over documents as part of their impeachment inquiry.
Chairmen Adam Schiff, Eliot Engel and Eljiah Cummings said in a statement: “Ambassador Sondland’s testimony and documents are vital, and that is precisely why the Administration is now blocking his testimony and withholding his documents.”
They added:
More context: Sondland was scheduled to testify before three House committees in a closed-door meeting today — but earlier this morning, the State Department ordered him not to appear.
Here’s the full statement from the Chairmen:
Link Copied!
Sondland called Trump after top US diplomat raised concerns over withholding Ukraine aid
From CNN's Gloria Borger
Pablo Martinez Monsivais/AP
US ambassador to the EU Gordon Sondland called President Trump to find out what was going on after the top US diplomat in Ukraine, Bill Taylor, raised concerns in a text to Sondland about withholding assistance, according to a source with knowledge.
Trump emphatically told him no quid pro quo, the source said.
Here are the September 2019 texts we are talking about:
Link Copied!
Justice Department will give redacted FBI memos from Mueller probe to House for the impeachment inquiry
From CNN's Katelyn Polantz
The Justice Department said it has agreed to give the House 33 FBI memos from the Robert Mueller investigation for use in the impeachment inquiry.
Here’s the thing: The documents have redactions “to protect confidential communications between senior White House advisers,” DOJ attorney Elizabeth Shapiro said.
Judge Howell responded with incredulity, pointing out that the White House appeared to be keeping confidential from the House information that was widely available within the FBI. Shapiro responded that it was not widely shared within the FBI.
Link Copied!
House lawyer: "We're getting almost nothing" from Justice in the impeachment inquiry
From CNN's Katelyn Polantz
Former White House counsel Don McGahn attends the confirmation hearing for Supreme Court Justice Brett Kavanaugh on Sept. 4, 2018.
Ting Shen/Xinhua/Getty Images
A lawyer for the House of Representatives told a federal judge that “we’re getting almost nothing” from the Justice Department for the impeachment inquiry into President Trump.
House General Counsel Doug Letter told a federal judge this morning that the Justice Department has refused to share FBI memos on what former White House Counsel Don McGahn and other White House employees told Special Counsel Robert Mueller about the President’s attempts to obstruct justice.
The memos go to “the very heart of what we need to look into” in the current impeachment inquiry, Letter told Chief Judge Beryl Howell of the US District Court Tuesday.
The House has seen no FBI interview notes (so-called 302s) from McGahn or his deputy Annie Donaldson or of “others in the White House, despite saying they need them and the Justice Department agreeing to share some of the memos with the House.
The House has seen “nowhere near” what it thought it would see after the Mueller investigation.
Meanwhile, the House is arguing in court that it’s “fully engaged” in the impeachment inquiry and it didn’t need a formal vote to start that proceeding.
Federal Judge Beryl Howell is pressing the House over what protected information the House may gain access to at this time through the court.
The hearing comes the same morning the Trump administration has begun to stonewall the House’s impeachment inquiry because it hasn’t passed a resolution to formalize it — House Speaker Nancy Pelosi had only announced the inquiry.
The Justice Department has not yet told the judge its arguments in the ongoing court hearing.
Link Copied!
Sen. Lindsey Graham invites Rudy Giuliani to testify
Sen. Lindsey Graham extended an invitation to President Trump’s personal attorney, Rudy Giuliani, to appear before the Senate Judiciary Committee to testify about Ukraine.
In a tweet, Graham said he has “heard on numerous occasions disturbing allegations by [Giuliani] about corruption in Ukraine.”
Graham added: “Given the House of Representatives’ behavior, it is time for the Senate to inquire about corruption and other improprieties involving Ukraine.”
Asked by CNN about the invite, Giuliani responded:
CNN asked if Giuliani thinks Trump would waive attorney-client privilege and release him to testify. Giuliani has not yet responded.
Why are we talking about Giuliani here: Giuliani has been vocal since the Ukraine scandal broke, claiming that he has dirt on Vice President Joe Biden and his son, Hunter Biden. Earlier this month, Giuliani first denied then admitted in an interview on CNN that he asked Ukrainian officials to investigate Joe Biden. Important to note, there is no evidence of wrongdoing by either Joe Biden or his son.
Giuliani has also been among the people pushing a theory that Ukraine interfered in the 2016 election through “collusion” with Democrats.
Link Copied!
White House Counsel's office consulted with State Department to block testimony
From CNN's Pamela Brown
The White House Counsel’s office consulted with the State Department to block Ambassador Gordon Sondland’s testimony today.
Why this matters: This is a clear sign that the White House counsel’s office is directing other government agencies.
Link Copied!
Pompeo ignores questions about blocking testimony
CNN
During a photo op of his meeting with the Estonian foreign minister, Secretary of State Mike Pompeo ignored a shouted question about why he blocked Ambassador Sondland’s testimony today.
Link Copied!
Key GOP congressman: Sondland isn't testifying because Democrats are running an "unfair and partisan process"
Rep. Jim Jordan, R-Ohio, arrives at the Capitol in Washington, on Thursday, October 3.
Pablo Martinez Monsivais/AP
Rep. Jim Jordan, the ranking member of the House Oversight Committee, said Republicans understand why the Trump administration’s State Department blocked Ambassador Gordon Sondland’s testimony today.
“You think about what the Democrats are trying to do: Impeach the President of the United States 13 months prior to an election, based on an anonymous whistleblower with no firsthand knowledge who has a bias against the President,” Jordan said.
Jordan added that Republicans were “looking forward” to the testimony.
Some context about Jordan’s comments: Republicans have repeatedly criticized the whistleblower for lacking firsthand knowledge of the conduct outlined in the complaint. But the intelligence community inspector general has pushed back on that criticism, and has made clear that the whistleblower was not simply communicating secondhand knowledge.
The “possible political bias” mentioned — and then dismissed — in the Intelligence Community Inspector General report refers to the fact that the whistleblower is a registered Democrat. The intelligence community’s inspector general, Michael Atkinson, said that regardless of the possible bias, the complaint appeared to be credible.
Link Copied!
Blocking Sondland testimony is "additional strong evidence of obstruction," Schiff says
House Intelligence Committee Chair Adam Schiff speaks at a press conference at the US Capitol on Tuesday, October 8 in Washington.
Win McNamee/Getty Images
House Intelligence Committee Chair Adam Schiff said both Congress and the American people are “being deprived” of US Ambassador Gordon Sondland’s testimony today.
Earlier today, Sondland’s lawyer said the Trump administration’s State Department ordered him not to appear before Congress.
Schiff said Sondland has “text messages or emails on a personal device” the committee would like to see.
“Although we have requested those from the ambassador, and the State Department is withholding those messages as well,” Schiff said. “Those messages are also deeply relevant to this investigation and the impeachment inquiry.”
Schiff continued:
Link Copied!
Trump tweets that he would "love" for Sondland to testify, but doesn't trust "kangaroo court"
President Trump tweeted that if he allowed EU Ambassador Gordon Sondland to testify today, it would be in front of a “a totally compromised kangaroo court.”
This comes after reports that the White House is blocking Sondland from testifying today in the impeachment inquiry.
What’s this all about: A source familiar with discussions inside President Trump’s impeachment team says Ambassador Sondland not appearing is “part of an overall strategy connected to what is viewed as irregularities in the House impeachment inquiry.”
Link Copied!
58% of Americans support Trump impeachment inquiry, new poll says
President Donald Trump talks to journalists on the South Lawn of the White House, Friday, October 4.
The Post reported that 58% of those surveyed said they support the House inquiry, while 38% oppose it.
Meanwhile, 49% said they support the inquiry and removing Trump from office. Another 6% said they support the inquiry but oppose removing Trump.
Here’s more context from the Washington Post:
Link Copied!
Sondland not testifying is part of Trump’s impeachment team’s strategy, source says
From CNN's Jim Acosta
A source familiar with discussions inside President Trump’s impeachment team says Ambassador Gordon Sondland not appearing is “part of an overall strategy connected to what is viewed as irregularities in the House impeachment inquiry.”
Some context: The contrast with how the White House dealt with Special Counsel Robert Mueller is notable. John Dowd, Trump’s former lawyer, once noted Mueller was part of the executive — but Congress is outside and the White House and Trump do not feel an obligation to be as cooperative.
A letter to House Speaker Nancy Pelosi addressing White House concerns is expected this afternoon. The letter is “still being massaged,” the source said, but it is expected to indicate the White House strategy moving forward.
Link Copied!
White House officials were in late-night discussions about blocking Sondland's deposition
From CNN's Kaitlan Collins
Administration officials were in discussions late last night about blocking Ambassador Gordon Sondland from sitting down for his scheduled deposition today, per an official familiar.
The talks centered around how much the White House should be cooperating with requests from House Democrats without a formal impeachment inquiry vote, which the White House has asserted they need for this to be a legitimate probe, though Democrats have said otherwise.
Link Copied!
SOON: Adam Schiff speaks to reporters
House Intelligence Chair Adam Schiff will speak to reporters at 9:30 a.m. ET about the now-canceled testimony of Ambassador Gordon Sondland and the impeachment inquiry.
Moments ago, Sondland’s lawyer said the State Department ordered the ambassador not to testify today.
Link Copied!
Sondland is "profoundly disappointed" he won't testify today
US Ambassador to the European Union Gordon Sondland is “profoundly disappointed” he will not testify before Congress today, his lawyer Robert Luskin said in a statement.
Early this morning, the State Department ordered him not to appear.
Here’s the full statement:
Link Copied!
What you need to know about Gordon Sondland
US Ambassador to the European Union Gordon Sondland was scheduled to testify before three House committees in a closed-door meeting today — but moments ago, the State Department ordered him not to appear.
Here’s what we know about the ambassador:
His background: Sondland was a Trump donor and hotelier who has been EU ambassador since 2018.
About the texts: He was cited in text messages turned over to the committee last week by former US special envoy to Ukraine Kurt Volker that cut to the heart of the Democrats’ impeachment probe. Sondland exchanged messages with Volker and a senior US diplomat in Ukraine about setting up the call between Zelensky and Trump and whether foreign aid was being withheld while Trump and his attorney, Rudy Giuliani, pushed for Ukraine to open an investigation.
He is mentioned in the whistleblower complaint: Here’s what it said: “On 26 July, a day after the call, U.S. Special Representative for Ukraine Negotiations Kurt Volker visited Kyiv and met with President Zelenskyy and a variety of Ukrainian political figures. Ambassador Volker was accompanied in his meetings by U.S. Ambassador to the European Union Gordon Sondland. Based on multiple readouts of these meetings recounted to me by various U.S. officials, Ambassadors Volker and Sondland reportedly provided advice to the Ukrainian leadership about how to “navigate” the demands that the President had made of Mr. Zelenskyy.”
Link Copied!
JUST IN: State Department tells US ambassador to the EU not to appear for deposition today
From CNN's Katelyn Polantz
US Ambassador to the European Union Gordon Sondland has been told by the State Department to not appear this morning before the House.
His attorney Robert Luskin said Tuesday morning he has no choice but to comply. “He is a sitting Ambassador and employee of State and is required to follow their direction,” Luskin said.
Luskin said Sondland will not appear.
Link Copied!
How Democrats plan to keep the whistleblower anonymous
From CNN's Manu Raju and Zachary Cohen
House Democrats are developing a list of ideas to protect the identity of the whistleblower, who is in the unusual position of having been openly targeted by the President of the United States.
It’s still unclear when the whistleblower might ultimately talk with the House Intelligence Committee.
Here’s are some of the ideas they’re discussing:
The possibility of using an off-site location, limiting Hill staff and members who would be present and even disguising the individual’s image and voice, the sources said.
Any secure facility, known as a Sensitive Compartmented Information Facility (SCIF), could be used for the meeting, potentially the facilities located at Langley or Fort Meade, secure facilities well outside downtown DC.
There are also ways to bring the whistleblower up to Capitol Hill without being seen by the press, including what one source described as the “Petraeus treatment” — a reference to the former CIA Director and commander of US Central Command David Petraeus’ private testimony from years back. Petraeus testified in 2012 as CIA director about the Benghazi embassy attacks.
Link Copied!
This ambassador is testifying before Congress today
From CNN's Jeremy Herb
US Ambassador to the European Union Gordon Sondland will be on the hot seat today when House investigators press him about text messages he exchanged related to President Trump’s July phone call with Ukrainian President Volodymyr Zelensky and the freezing of foreign aid to Ukraine.
Sondland is appearing behind closed doors before the House Intelligence, Foreign Affairs and Oversight committees as part of the House Democrats’ impeachment inquiry.
Here’s what you need to know about him and his testimony today:
His background: Sondland was a Trump donor and hotelier who has been EU ambassador since 2018.
About the texts: Sondland exchanged messages with Volker and a senior US diplomat in Ukraine about setting up the call between Zelensky and Trump and whether foreign aid was being withheld while Trump and his attorney, Rudy Giuliani, pushed for Ukraine to open an investigation.
GOP thinking: Republicans may also find Sondland as a fruitful witness, as he pushed back in the text messages on the notion that the aid was connected to investigations.
Link Copied!
CNN contacted more than 80 Republican lawmakers. A handful responded
From Zachary B. Wolf, CNN
The main question, as Democrats move toward impeachment in the House, is whether the Republican-controlled Senate will close ranks around President Donald Trump – or not.
CNN has contacted more than 80 offices for Republican lawmakers in the House and Senate in recent days to ask for a response to Trump’s remarkable public call for foreign governments to investigate former Vice President Joe Biden and his son Hunter.
Only a few responded; just a handful have expressed any misgivings to CNN or other outlets.
Why the silence? Trump holds powerful sway over congressional Republicans, largely because he is wildly popular with the same Republican voters who will decide whether to reelect these lawmakers. Most who defy Trump end up out of office, about the last place any politician wants to be.
Three key allies of Giuliani and two State Department officials likely won’t testify this week before the impeachment inquiry. The committee has threatened subpoenas for Giuliani’s associates.
Lev Parnas and Igor Fruman, associates of Giuliani
Why they’re important:
They are Florida-based but were reportedly born in the then-Soviet Union
Analysis by Stephen Collinson, White House reporter
The Democrats’ impeachment investigation is grinding relentlessly onward. On Tuesday, US Ambassador to the European Union Gordon Sondland is due to give a closed-door deposition and will become the latest official or witness to the President’s dealings with Ukraine to tell his story.
New Democratic subpoenas are flying across Washington with demands for documents on Ukraine hitting the Pentagon and the Office of Management and Budget. Democrats also warned that if associates of Trump’s lawyer Rudy Giuliani deny requests for documents and depositions they will be compelled to comply.
The President complained on Monday that the Democratic investigation was making it impossible to do his job. But his belligerence and unrestrained conduct in reality is making it hard for Congress to fulfil its constitutional role.
The House Intelligence Committee is discussing extraordinary measures to protect the identity of the whistleblower who set off the impeachment circus by accusing Trump of pressuring Ukraine’s President to investigate Biden in a call.
Among possible measures are the use of an off-site location for any testimony — potentially including highly secure sites at the CIA or at Fort Meade base outside Washington, the home of US Cyber Command.
The US Ambassador to the European Union is testifying today
US Ambassador to the European Union Gordon Sondland is expected to testify today before the House Intelligence, Foreign Affairs and Oversight committees.
In one exchange, Sondland seemed to downplay the concerns raised by his counterpart in Kiev.
“Gordon, one thing Kurt and I talked about yesterday was Sasha Danyliuk’s point that President Zelenskyy is sensitive about Ukraine being taken seriously, not merely as an instrument in Washington domestic, reelection politics,” Ambassador William “Bill” Taylor, the charge d’affaires at the US Embassy in Kiev, wrote on July 21.
Sondland replied, “Absolutely, but we need to get the conversation started and the relationship built, irrespective of the pretext.”
Link Copied!
5 key developments in the impeachment inquiry
Here are some of the latest developments in the impeachment inquiry into Trump:
A meeting behind closed doors: US Ambassador to the European Union Gordon Sondland is expected to testify before the House Intelligence, Foreign Affairs and Oversight committees on Tuesday.
Rick Perry: The Energy Secretary said he “absolutely” asked Trump “multiple times” to call Ukrainian President Volodymyr Zelensky, but about energy — not former Vice President Joe Biden and his son, Hunter. Perry’s spokesperson also confirmed that he was not on Trump’s July 25 phone call with Zelensky.
Inquiry continues: The House committees leading the impeachment inquiry had initially scheduled four depositions this week with State Department officials, but only two are confirmed, and the committees are still negotiating with the other witnesses they are seeking, according to a committee source.
More subpoenas: The Democratic chairmen of the House Intelligence, Oversight and Foreign Affairs Committees subpoenaed the Pentagon and the Office of Management and Budget for documents on the decision to withhold military assistance to Ukraine. They are demanding the agencies turn over documents by Oct. 15.
Whistleblower protection: The House Intelligence Committee and lawyers for the whistleblower who filed a complaint about Trump’s conduct are discussing extreme measures to protect the individual’s identity amid growing concerns about his or her safety, according to several sources familiar with the process. Among the measures being discussed are the possibility of using an off-site location, limiting Hill staff and members who would be present and even disguising the individual’s image and voice, the sources said.
