[Congressional Record Volume 166, Number 21 (Friday, January 31, 2020)]
[Senate]
[Pages S769-S771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1295. Mr. SCHUMER proposed an amendment to the resolution S. Res.
488, 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 matter following 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--
(A) for the taking of testimony of--
(i) John Robert Bolton;
(ii) John Michael ``Mick'' Mulvaney;
(iii) Michael P. Duffey; and
(iv) Robert B. Blair;
(B) to the Acting Chief of Staff of the White House
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 White House, including the National Security Council,
referring or relating to--
(i) all meetings and calls between President Trump and the
President of Ukraine, including 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;
(ii) all investigations, inquiries, or other probes related
to Ukraine, including any that relate in any way to--
(I) former Vice President Joseph Biden;
(II) Hunter Biden and any of his associates;
(III) Burisma Holdings Limited (also known as ``Burisma'');
(IV) interference or involvement by Ukraine in the 2016
United States election;
(V) the Democratic National Committee; or
(VI) CrowdStrike;
(iii) the actual or potential suspension, withholding,
delaying, freezing, or releasing
[[Page S770]]
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);
(iv) all documents, communications, notes, and other
records created or received by Acting Chief of Staff Mick
Mulvaney, then-National Security Advisor John R. Bolton,
Senior Advisor to the Chief of Staff Robert B. Blair, and
other White House officials relating to efforts to--
(I) solicit, request, demand, induce, persuade, or coerce
Ukraine to conduct or announce investigations;
(II) offer, schedule, cancel, or withhold a White House
meeting for Ukraine's president; or
(III) hold and then release military and other security
assistance to Ukraine;
(v) meetings at or involving the White House that relate to
Ukraine, including but not limited to--
(I) President Zelensky's inauguration on May 20, 2019, in
Kiev, Ukraine, including but not limited to President Trump's
decision not to attend, to ask Vice President Pence to lead
the delegation, directing Vice President Pence not to attend,
and the subsequent decision about the composition of the
delegation of the United States;
(II) a meeting at the White House on or around May 23,
2019, involving, among others, President Trump, then-Special
Representative for Ukraine Negotiations Ambassador Kurt
Volker, then-Energy Secretary Rick Perry, and United States
Ambassador to the European Union Gordon Sondland, as well as
any private meetings or conversations with those individuals
before or after the larger meeting;
(III) meetings at the White House on or about July 10,
2019, involving Ukrainian officials Andriy Yermak and
Oleksander Danylyuk and United States Government officials,
including, but not limited to, then-National Security Advisor
John Bolton, Secretary Perry, Ambassador Volker, and
Ambassador Sondland, to include at least a meeting in
Ambassador Bolton's office and a subsequent meeting in the
Ward Room;
(IV) a meeting at the White House on or around August 30,
2019, involving President Trump, Secretary of State Mike
Pompeo, and Secretary of Defense Mark Esper;
(V) a planned meeting, later cancelled, in Warsaw, Poland,
on or around September 1, 2019 between President Trump and
President Zelensky, and subsequently attended by Vice
President Pence; and
(VI) a meeting at the White House on or around September
11, 2019, involving President Trump, Vice President Pence,
and Mr. Mulvaney concerning the lifting of the hold on
security assistance for Ukraine;
(vi) meetings, telephone calls or conversations related to
any occasions in which National Security Council officials
reported concerns to National Security Council lawyers,
including but not limited to National Security Council Legal
Advisor, John Eisenberg, regarding matters related to
Ukraine, including but not limited to--
(I) the decision to delay military assistance to Ukraine;
(II) the July 10, 2019 meeting at the White House with
Ukrainian officials;
(III) the President's July 25, 2019 call with the President
of Ukraine;
(IV) a September 1, 2019 meeting between Ambassador
Sondland and a Ukrainian official; and
(V) the President's September 7, 2019 call with Ambassador
Sondland;
(vii) any internal review or assessment within the White
House regarding Ukraine matters following the September 9,
2019, request for documents from the House Permanent Select
Committee on Intelligence, the House Committee on Oversight
and Reform, and the House Committee on Foreign Affairs,
including, but not limited to, documents collected that
pertain to the hold on military and other security assistance
to Ukraine, the scheduling of a White House meeting for the
president of Ukraine, and any requests for investigations by
Ukraine;
(viii) the complaint submitted by a whistleblower within
the Intelligence Community on or around August 12, 2019, to
the Inspector General of the Intelligence Community;
(ix) all meetings or calls, including requests for or
records of meetings or telephone calls, scheduling items,
calendar entries, White House visitor records, and email or
text messages using personal or work-related devices between
or among--
(I) current or former White House officials or employees,
including but not limited to President Trump; and
(II) Rudolph W. Giuliani, Ambassador Sondland, Victoria
Toensing, or Joseph diGenova; and
(x) former United States Ambassador to Ukraine Marie
``Masha'' Yovanovitch, including but not limited to the
decision to end her tour or recall her from the United States
Embassy in Kiev;
(C) to the Acting Director of the Office of Management and
Budget 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 Office of Management and Budget,
referring or relating to--
(i) 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 (referred to in this section
as ``USAI'') and Foreign Military Financing (referred to in
this section as ``FMF''), including but not limited to--
(I) communications among, between, or referring to Director
Michael John ``Mick'' Mulvaney, Assistant to the President
Robert Blair, Acting Director Russell Vought, Associate
Director Michael Duffey, or any other Office of Management
and Budget employee;
(II) communications related to requests by President Trump
for information about Ukraine security or military assistance
and responses to those requests;
(III) communications related to concerns raised by any
Office of Management and Budget employee related to the
legality of any hold on foreign assistance, military
assistance, or security assistance to Ukraine;
(IV) communications sent to the Department of State
regarding a hold or block on congressional notifications
regarding the release of FMF funds to Ukraine;
(V) communications between--
(aa) officials at the Department of Defense, including but
not limited to Undersecretary of Defense Elaine McCusker; and
(bb) Associate Director Michael Duffey, Deputy Associate
Director Mark Sandy, or any other Office of Management and
Budget employee;
(VI) all draft and final versions of the August 7, 2019,
memorandum prepared by the National Security Division,
International Affairs Division, and Office of General Counsel
of the Office of Management and Budget about the release of
foreign assistance, security assistance, or security
assistance to Ukraine; and
(VII) 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 all meetings, calls, or other engagements
with Ukrainian officials regarding potential or actual
suspensions, holds, or delays in United States assistance to
Ukraine;
(ii) communications, opinions, advice, counsel, approvals,
or concurrences provided by any employee in the Office of
Management and Budget regarding the actual or potential
suspension, withholding, delaying, freezing, or releasing of
security assistance to Ukraine including legality under the
Impoundment Control Act;
(iii) Associate Director Michael Duffey taking over duties
related to apportionments of USAI or FMF from Deputy
Associate Director Mark Sandy or any other Office of
Management and Budget employee;
(iv) all meetings related to the security assistance to
Ukraine including but not limited to interagency meetings on
July 18, 2019, July 23, 2019, July 26, 2019, and July 31,
2019, including any directions provided to staff
participating in those meetings and any readouts from those
meetings;
(v) the decision announced on or about September 11, 2019,
to release appropriated foreign assistance, military
assistance, or security assistance to Ukraine, including but
not limited to any notes, memoranda, documentation or
correspondence related to the decision;
(vi) all draft and final versions of talking points related
to the withholding or release of foreign assistance, military
assistance, or security assistance to Ukraine, including
communications with the Department of Defense related to
concerns about the accuracy of the talking points; and
(vii) all meetings and calls between President Trump and
the President of Ukraine, including 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;
(D) to the Secretary of State 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 State,
referring or relating to--
(i) all meetings and calls between President Trump and the
President of Ukraine, including 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;
(ii) 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 all
communications with the White House, Department of Defense,
and the Office of Management and Budget, as well as 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 to
Ukraine, including all meetings, calls, or other engagements
with Ukrainian officials regarding potential or actual
suspensions, holds, or delays in United States assistance to
Ukraine;
(iii) all documents, communications, notes, and other
records created or received
[[Page S771]]
by, Secretary Michael R. Pompeo, Counselor T. Ulrich
Brechbuhl, former Special Representative for Ukraine
Negotiations Ambassador Kurt Volker, Deputy Assistant
Secretary George Kent, then-United States Embassy in Ukraine
Charge d'Affaires William B. Taylor, and Ambassador to the
European Union Gordon Sondland, and other State Department
officials, relating to efforts to--
(I) solicit, request, demand, induce, persuade, or coerce
Ukraine to conduct or announce investigations;
(II) offer, schedule, cancel, or withhold a White House
meeting for Ukraine's president; or
(III) hold and then release military and other security
assistance to Ukraine;
(iv) any meetings or proposed meetings at or involving the
White House that relate to Ukraine, including but not limited
to--
(I) President Zelensky's inauguration on May 20, 2019, in
Kiev, Ukraine, including but not limited to President Trump's
decision not to attend, to ask Vice President Pence to lead
the delegation, directing Vice President Pence not to attend,
and the subsequent decision about the composition of the
delegation of the United States;
(II) a meeting at the White House on or around May 23,
2019, involving, among others, President Trump, then-Special
Representative for Ukraine Negotiations Ambassador Kurt
Volker, then-Energy Secretary Rick Perry, and United States
Ambassador to the European Union Gordon Sondland, as well as
any private meetings or conversations with those individuals
before or after the larger meeting;
(III) meetings at the White House on or about July 10,
2019, involving Ukrainian officials Andriy Yermak and
Oleksander Danylyuk and United States Government officials,
including, but not limited to, then-National Security Advisor
John Bolton, Secretary Perry, Ambassador Volker, and
Ambassador Sondland, to include at least a meeting in
Ambassador Bolton's office and a subsequent meeting in the
Ward Room;
(IV) a meeting at the White House on or around August 30,
2019, involving President Trump, Secretary of State Mike
Pompeo, and Secretary of Defense Mark Esper;
(V) a planned meeting, later cancelled, in Warsaw, Poland,
on or around September 1, 2019 between President Trump and
President Zelensky, and subsequently attended by Vice
President Pence; and
(VI) a meeting at the White House on or around September
11, 2019, involving President Trump, Vice President Pence,
and Mr. Mulvaney concerning the lifting of the hold on
security assistance for Ukraine;
(v) all communications, including but not limited to
WhatsApp or text messages on private devices, between current
or former State Department officials or employees, including
but not limited to Secretary Michael R. Pompeo, Ambassador
Volker, Ambassador Sondland, Ambassador Taylor, and Deputy
Assistant Secretary Kent, and the following: President
Zelensky, Andriy Yermak, or individuals or entities
associated with or acting in any capacity as a
representative, agent, or proxy for President Zelensky before
and after his election;
(vi) all records specifically identified by witnesses in
the House of Representatives' impeachment inquiry that
memorialize key events or concerns, and any records
reflecting an official response thereto, including but not
limited to--
(I) an August 29, 2019 cable sent by Ambassador Taylor to
Secretary Pompeo;
(II) an August 16, 2019 memorandum to file written by
Deputy Assistant Secretary Kent; and
(III) a September 15, 2019 memorandum to file written by
Deputy Assistant Secretary Kent;
(vii) all meetings or calls, including but not limited to
all requests for or records of meetings or telephone calls,
scheduling items, calendar entries, State Department visitor
records, and email or text messages using personal or work-
related devices, between or among--
(I) current or former State Department officials or
employees, including but not limited to Secretary Michael R.
Pompeo, Ambassador Volker, and Ambassador Sondland; and
(II) Rudolph W. Giuliani, Victoria Toensing, or Joseph
diGenova; and
(viii) the curtailment or recall of former United States
Ambassador to Ukraine Marie ``Masha'' Yovanovitch from the
United States Embassy in Kiev, including credible threat
reports against her and any protective security measures
taken in response; and
(E) 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--
(i) 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 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);
(ii) 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;
(iii) 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;
(iv) 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;
(v) 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
(vi) 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.
______