Northwest Arkansas Democrat-Gazette

Letter refuses cooperatio­n on inquiry; EU envoy held back White House digs in heels

- COMPILED BY DEMOCRAT-GAZETTE STAFF FROM WIRE REPORTS

WASHINGTON — The White House said Tuesday that it will not cooperate with what it termed the “illegitima­te” impeachmen­t inquiry by House Democrats, sharpening the constituti­onal clash between President Donald Trump and Congress.

Trump attorneys sent a

letter to House leaders stating their refusal to participat­e in the quickly moving impeachmen­t investigat­ion.

“Given that your inquiry lacks any legitimate constituti­onal foundation, any pretense of fairness, or even the most elementary due process protection­s, the Executive Branch cannot be expected to participat­e in it,” White House Counsel Pat Cipollone wrote.

The White House is currently objecting that the House did not formally vote to begin the impeachmen­t inquiry into Trump. It also claims that Trump’s due-process rights are being violated and is attacking the conduct of House Intelligen­ce Committee Chairman Adam Schiff.

House Speaker Nancy Pelosi has insisted the House is well within its rules to conduct oversight of the executive

branch under the Constituti­on regardless of a formal impeachmen­t inquiry vote.

Schiff, commenting before the White House letter was released, said, “For this impeachmen­t inquiry we are determined to find answers.”

The Constituti­on states the House has the sole power of impeachmen­t, and that the Senate has the sole power to conduct impeachmen­t trials. It specifies that a president can be removed from office for “treason, bribery, or other high crimes and misdemeano­rs,” if supported by a two-thirds Senate vote. But it offers little guidance beyond that on proceeding­s.

Earlier Tuesday, Trump intensifie­d his fight with Congress by blocking Gordon Sondland, the U.S. European Union ambassador, from privately testifying about the president’s dealings with Ukraine.

Sondland’s attorney, Robert Luskin, said his client was “profoundly disappoint­ed” that he wouldn’t be able to testify. And Schiff said Sondland’s no-show was “yet additional strong evidence” of obstructio­n of Congress by Trump and Secretary of State Mike Pompeo that will only strengthen a possible impeachmen­t case.

“The American people have the right to know if the president is acting in their interests, in the nation’s interests with an eye toward our national security, and not in his narrow personal, political interests,” Schiff told reporters. “By preventing us from hearing from this witness and obtaining these documents, the president and secretary of state are taking actions that prevent us from getting the facts needed to protect the nation’s security.”

The House followed up Tuesday afternoon with subpoenas for Sondland’s testimony and records.

Democrats consider him a key witness to what transpired between Trump and President Volodymyr Zelenskiy of Ukraine, including whether the U.S. president sought to use a $391 million package of security assistance and the promise of a White House meeting as bargaining chips to pressure Zelenskiy into digging up dirt on former Vice President Joe Biden and his son, Hunter, and other Democrats.

“I would love to send Ambassador Sondland, a really good man and great American, to testify,” Trump wrote Tuesday on Twitter around the time Sondland was to appear, “but unfortunat­ely he would be testifying before a totally compromise­d kangaroo court, where Republican’s rights have been taken away.”

Schiff said that the committee had been discussing Sondland’s deposition with the State Department’s legal adviser as recently as Monday evening and “there was no indication that the ambassador would be a no-show.”

Schiff said that Sondland, who remains a State Department employee, had turned over text messages and emails from a personal device to the department, communicat­ions that are “equally relevant to this investigat­ion and the impeachmen­t inquiry.”

Trump referred to some of those communicat­ions, pointing in his tweet to comments that Sondland had made to Ambassador William “Bill” Taylor, the senior U.S. diplomat in Ukraine.

“Importantl­y, Ambassador Sondland’s tweet, which few report, stated, ‘I believe you are incorrect about President Trump’s intentions. The President has been crystal clear: no quid pro quo’s of any kind.’ That says it ALL!” the president said on Twitter.

Sondland made those comments in a text message, not a tweet, that was part of a trove of communicat­ions turned over to Congress last week by Kurt Volker, who resigned late last month as Trump’s special envoy to Ukraine.

Pelosi said thwarting the witness testimony Tuesday was an “abuse of power” in itself by the president.

A senior administra­tion official told reporters that no additional witnesses under its purview will be permitted to appear in front of Congress or comply with document requests, saying the policy under the current circumstan­ces is that the administra­tion will have “a full halt” because “this is not a valid procedure” for an impeachmen­t inquiry. The official spoke on the condition of anonymity to discuss the administra­tion’s position.

GIULIANI’S TURN?

Trump’s allies on Capitol Hill rushed to his defense Tuesday and condemned Schiff and the Democrats for running what they described as an unfair process, though they made clear they thought Sondland would have been a helpful witness for the president’s case.

“We were looking forward to hearing from Ambassador Sondland,” said Rep. Jim Jordan of Ohio, the top Republican on the Oversight and Reform Committee, adding that Republican­s believed Sondland would “reinforce exactly” what lawmakers and aides heard last week from Volker. He told investigat­ors he knew of nothing improper between the two countries.

“But we understand exactly why the administra­tion, exactly why the State Department has chosen to say, ‘Look, if it’s going to be this kind of process …, ’” Jordan added.

Sen. Lindsey Graham, R-S.C., and the chairman of the Senate Judiciary Committee, said he would invite Rudy Giuliani, Trump’s personal lawyer who was involved with the Ukraine matter, to testify before his panel. Giuliani led the push to enlist the Ukrainians to help investigat­e the business dealings of the Bidens and a theory that Ukraine meddled in the 2016 election.

“Given the House of Representa­tives’ behavior, it is time for the Senate to inquire about corruption and other impropriet­ies involving Ukraine,” Graham said.

Democrats did not flinch at the suggestion, and Sen. Dianne Feinstein of California, Graham’s Democratic counterpar­t on the committee, said she looked forward to questionin­g “Rudy Giuliani under oath about his role in seeking the Ukrainian government’s assistance to investigat­e one of the president’s political rivals.”

The White House letter mounts a sweeping attack on the House proceeding­s and signals a battle ahead over whether the president is receiving the legal protection­s he and his lawyers believe he deserves.

The White House is claiming that Trump’s constituti­onal rights to cross-examine witnesses and review all evidence in impeachmen­t proceeding­s extend even to House investigat­ions, not just a potential Senate trial. It also is calling on Democrats to grant Republican­s in the House subpoena power to seek evidence in the president’s defense.

The letter came as a federal judge heard arguments Tuesday in a separate case on whether the House had undertaken a formal impeachmen­t inquiry despite not having taken an official vote and whether the inquiry can be characteri­zed, under the law, as a “judicial proceeding.”

That distinctio­n matters because while grand jury testimony is ordinarily secret, one exception authorizes a judge to disclose it in connection with a judicial proceeding. House Democrats are seeking grand jury testimony from former special counsel Robert Mueller’s Russia investigat­ion as they conduct their impeachmen­t inquiry.

“The House under the Constituti­on sets its own rules, and the House has sole power over impeachmen­t,” Douglas Letter, a lawyer for the House Judiciary Committee, told the court. Informatio­n for this article was contribute­d Zeke Miller, Jill Colvin and Eric Tucker of The Associated Press; by Nicholas Fandos, Peter Baker, Michael S. Schmidt and Maggie Haberman of The New York Times; and by Shane Harris, John Wagner, Rachael Bade, Mike DeBonis and Ellen Nakashima of The Washington Post.

 ?? AP/ANDREW HARNIK ?? U.S. Rep. Adam Schiff, D-Calif., chairman of the House Intelligen­ce Committee, gives a statement to the media Tuesday on Capitol Hill.
AP/ANDREW HARNIK U.S. Rep. Adam Schiff, D-Calif., chairman of the House Intelligen­ce Committee, gives a statement to the media Tuesday on Capitol Hill.
 ?? AP/JON ELSWICK ?? A letter from White House counsel Pat Cipollone is photograph­ed Tuesday in Washington.
AP/JON ELSWICK A letter from White House counsel Pat Cipollone is photograph­ed Tuesday in Washington.

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