[Congressional Record Volume 166, Number 12 (Tuesday, January 21, 2020)]
[Senate]
[Pages S440-S441]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1288. Mr. SCHUMER proposed an amendment to the resolution S. Res. 
483, to provide for related procedures concerning the articles of 
impeachment against Donald John Trump, President of the United States; 
as follows:

       At the appropriate place in the resolving clause, insert 
     the following:
       Sec. ___.  Notwithstanding any other provision of this 
     resolution, pursuant to rules V and VI of the Rules of 
     Procedure and Practice in the Senate When Sitting on 
     Impeachment Trials--
       (1) the Chief Justice of the United States, through the 
     Secretary of the Senate, shall issue a subpoena to the 
     Secretary of Defense commanding him to produce, for the time 
     period from January 1, 2019, to the present, all documents, 
     communications, and other records within the possession, 
     custody, or control of the Department of Defense, referring 
     or relating to--
       (A) the actual or potential suspension, withholding, 
     delaying, freezing, or releasing of United States foreign 
     assistance, military assistance, or security assistance of 
     any kind to Ukraine, including but not limited to the Ukraine 
     Security Assistance Initiative (USAI) and Foreign Military 
     Financing (FMF), including but not limited to--
       (i) communications among or between officials at the 
     Department of Defense, White House, Office of Management and 
     Budget, Department of State, or Office of the Vice President;
       (ii) documents, communications, notes, or other records 
     created, sent, or received by Secretary Mark Esper, Deputy 
     Secretary

[[Page S441]]

     David Norquist, Undersecretary of Defense Elaine McCusker, 
     and Deputy Assistant Secretary of Defense Laura Cooper, or 
     Mr. Eric Chewning;
       (iii) draft or final letters from Deputy Secretary David 
     Norquist to the Office of Management and Budget; and
       (iv) unredacted copies of all documents released in 
     response to the September 25, 2019, Freedom of Information 
     Act request by the Center for Public Integrity (tracking 
     number 19-F-1934);
       (B) the Ukrainian government's knowledge prior to August 
     28, 2019, of any actual or potential suspension, withholding, 
     delaying, freezing, or releasing of United States foreign 
     assistance, military assistance, or security assistance to 
     Ukraine, including but not limited to all meetings, calls, or 
     other engagements with Ukrainian officials regarding 
     potential or actual suspensions, holds, or delays in United 
     States assistance to Ukraine, including but not limited to--
       (i) communications received from the Department of State 
     concerning the Ukrainian Embassy's inquiries about United 
     States foreign assistance, military assistance, and security 
     assistance to Ukraine; and
       (ii) communications received directly from the Ukrainian 
     Embassy about United States foreign assistance, military 
     assistance, and security assistance to Ukraine;
       (C) communications, opinions, advice, counsel, approvals, 
     or concurrences provided by the Department of Defense, Office 
     of Management and Budget, or the White House, on the legality 
     of any suspension, withholding, delaying, freezing, or 
     releasing of United States foreign assistance, military 
     assistance, and security assistance to Ukraine;
       (D) planned or actual meetings with President Trump related 
     to United States foreign assistance, military assistance, or 
     security assistance to Ukraine, including but not limited to 
     any talking points and notes for Secretary Mark Esper's 
     planned or actual meetings with President Trump on August 16, 
     August 19, or August 30, 2019;
       (E) the decision announced on or about September 11, 2019, 
     to release appropriated foreign assistance, military 
     assistance, and security assistance to Ukraine, including but 
     not limited to any notes, memoranda, documentation or 
     correspondence related to the decision; and
       (F) all meetings and calls between President Trump and the 
     President of Ukraine, including but not limited to documents, 
     communications, and other records related to the scheduling 
     of, preparation for, and follow-up from the President's April 
     21 and July 25, 2019 telephone calls, as well as the 
     President's September 25, 2019 meeting with the President of 
     Ukraine in New York; and
       (2) the Sergeant at Arms is authorized to utilize the 
     services of the Deputy Sergeant at Arms or any other employee 
     of the Senate in serving the subpoena authorized to be issued 
     by this section.
                                 ______