E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, SATURDAY, JANUARY 25, 2020 No. 16 House of Representatives The House was not in session today. Its next meeting will be held on Monday, January 27, 2020, at 2 p.m. Senate SATURDAY, JANUARY 25, 2020

The Senate met at 10:03 a.m. and was THE JOURNAL speak for nearly 24 hours over 3 days. called to order by the Chief Justice of The CHIEF JUSTICE. If there is no We don’t anticipate using that much the United States. objection, the Journal of proceedings of time. We don’t believe that they have f the trial is approved to date. come anywhere close to meeting their The Sergeant at Arms will make the burden for what they are asking you to TRIAL OF DONALD J. TRUMP, proclamation. do. In fact, we believe that, when you PRESIDENT OF THE UNITED The Sergeant at Arms, Michael C. hear the facts—and that is what we in- STATES Stenger, made proclamation as follows: tend to cover today, the facts—you will The CHIEF JUSTICE. The Senate Hear ye! Hear ye! Hear ye! All persons are find that the President did absolutely will convene as a Court of Impeach- commanded to keep silence, on pain of im- nothing wrong. What we intend to do ment. prisonment, while the Senate of the United States is sitting for the trial of the articles today—and we will have more presen- The Chaplain will lead us in prayer. of impeachment exhibited by the House of tations in greater detail on Monday, PRAYER Representatives against Donald John Trump, but what we intend to do today—is go The Chaplain, Dr. Barry C. Black, of- President of the United States. through their record that they estab- fered the following prayer: The CHIEF JUSTICE. The majority lished in the House, and we intend to Let us pray. leader is recognized. show you some of the evidence that Eternal God, the way, the truth, and ORDER OF PROCEDURE they adduced in the House that they the life, unite our Senators in their Mr. MCCONNELL. Mr. Chief Justice, decided, over their 3 days and 24 hours, striving to do Your will. colleagues, we should expect 2 to 3 that they didn’t have enough time or Lord, You have been our help in ages hours of session today. We will take a made a decision not to show you. past. You are our hope for the years to quick break if needed. And every time you see one of these come. We trust the power of Your pre- The CHIEF JUSTICE. Pursuant to pieces of evidence, ask yourself: Why vailing providence to bring this im- the provisions of S. Res. 483, the coun- didn’t I see that in the first 3 days? peachment trial to the conclusion You sel for the President have 24 hours to They had it. It came out of their proc- desire. make the presentation of their case. ess. Why didn’t they show that to the Lord, we acknowledge that Your The Senate will now hear you. Senate? I think that is an important thoughts are not our thoughts and The Presiding Officer recognizes Mr. question because, as House managers, Your ways are not our ways; for as the Cipollone to begin the presentation of really, their goal should be to give you heavens are higher than the Earth, so the case for the President. all of the facts, because they are ask- are Your thoughts higher than our OPENING STATEMENT ing you to do something very, very thoughts and Your ways higher than Mr. Counsel CIPOLLONE. Mr. Chief consequential and, I would submit to our ways. Justice, Senators, Leader MCCONNELL, you—to use a word that Mr. SCHIFF Lord, we love You. Empower our Sen- Democratic Leader SCHUMER, thank ators. Renew their strength. you for your time and thank you for used a lot—very, very dangerous. We pray in Your dependable Name. your attention. I want to start out, That is the second point that I would Amen. just very briefly, giving you a short ask you to keep in mind today. They PLEDGE OF ALLEGIANCE plan for today. We are going to be very are asking you not only to overturn The Chief Justice led the Pledge of respectful of your time. As Leader the results of the last election, but as Allegiance, as follows: MCCONNELL said, we anticipate going I have said before, they are asking you I pledge allegiance to the Flag of the about 2 to 3 hours at most and to be to remove President Trump from the United States of America, and to the Repub- out of here by 1 at the latest. ballot in an election that is occurring lic for which it stands, one nation under God, We are going to focus today on two in approximately 9 months. They are indivisible, with liberty and justice for all. points. You heard the House managers asking you to tear up all of the ballots

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

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VerDate Sep 11 2014 23:42 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A25JA6.000 S25JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S568 CONGRESSIONAL RECORD — SENATE January 25, 2020 across this country, on your own ini- is doing quite a lot for Ukraine. Much more Again, my name is Michael Purpura. tiative—take that decision away from than the European Union especially when we I serve as Deputy Counsel to the Presi- the American people. And I don’t think are talking about sanctions against the Rus- dent. It is my honor and privilege to they spent 1 minute of their 24 hours sian Federation. appear before you today on behalf of talking to you about the consequences You heard a lot about the importance President Donald J. Trump. of that for our country—not 1 minute. of confronting Russia, and we are going (Text of Videotape presentation:) They didn’t tell you what that would to talk about that. And you will hear Mr. SCHIFF. And what is the President’s mean for our country—today, this that President Trump has a strong response? Well, it reads like a classic orga- year, and forever into our future. record on confronting Russia. You will nized crime shakedown. They are asking you to do something hear that President Trump has a Shorn of its rambling character and in not that no Senate has ever done, and they strong record of support for Ukraine. so many words, this is the essence of what the President communicates. We’ve been are asking you to do it with no evi- You will hear that from the witnesses in their record that they didn’t tell you very good to your country. Very good. No dence. That is wrong, and I ask you to other country has done as much as we have. keep that in mind. I ask you to keep about. But you know what? I don’t see much reci- that in mind. So what I would do is That is one very important example. procity here. point out one piece of evidence for you, They come here to the Senate and ask I hear what you want. I have a favor I want and then I am going to turn it over to you: remove a President, tear up the from you, though. And I’m going to say this my colleagues, and they will walk you ballots in all of your States. And they only seven times, so you better listen good. through their record, and they will don’t bother to read the key evidence I want you to make up dirt on my political opponent. Understand? Lots of it, on this and show you things that they didn’t show of the discussion of burden-sharing that is in the call itself. That is em- on that. you. I’m going to put you in touch with people, Now, they didn’t talk a lot about the blematic of their entire presentation. and not just any people. I’m going to put you transcript of the call, which I would I am going to turn the presentation in touch with the attorney general of the submit is the best evidence of what over to my colleague, Mike Purpura. United States, my attorney general, Bill happened on the call. And they said He is going to walk you through many Barr. He’s got the whole weight of the Amer- things over and over again that are more examples of this. With each ex- ican law enforcement behind him. And I’m simply not true. One of them was: ample, ask yourself: Why am I just going to put you in touch with Rudy. You’re going to love him. Trust me. You There is no evidence of President hearing about this now after 24 hours of sitting through arguments? Why? know what I’m asking? And so I’m only Trump’s interest in burden-sharing; going to say this a few more times in a few that wasn’t the real reason. But they The reason is, we can talk about the more ways. And by the way, don’t call me didn’t tell you that burden-sharing was process; we will talk about the law; but again. I’ll call you when you’ve done what I discussed in the call, in the transcript today we are going to confront them on asked. of the call. They didn’t tell you that. the merits of their argument. This is in sum and character what the Why? Let me read it to you. Here is They have the burden of proof, and President was trying to communicate. the President. And we will go through they have not come close to meeting it. Mr. Counsel PURPURA. That is fake. the entire transcript. I am not going to I want to ask you to think about one That is not the real call. That is not read the whole transcript. We will issue regarding process, beyond proc- the evidence here. That is not the tran- make it available. I am sure you have ess. If you were really interested in script that Mr. Cipollone just ref- it, but we will make available copies of finding out the truth, why would you erenced. We can shrug it off and say we the transcript so you can have it. run a process the way they ran it? If were making light or a joke, but that The President said—and they read you were really confident in your posi- was in a hearing in the U.S. House of this line: tion on the facts, why would you lock Representatives, discussing the re- I will say that we do a lot for Ukraine. We everybody out of it from the Presi- moval of the President of the United spend a lot of effort and a lot of time. dent’s side? Why would you do that? States from office. But they stopped there. They didn’t We will talk about the process argu- There are very few things, if any, read the following: ments, but the process arguments also that can be as grave and as serious. Much more than European countries are are compelling evidence on the merits Let’s stick with the evidence. Let’s doing and they should be helping you more because it is evidence that they them- talk about the facts and the evidence than they are. Germany does almost nothing selves don’t believe in the facts of their in this case. for you. All they do is talk and I think it’s case. The most important piece of evidence something that you should really ask them The fact that they came here for 24 we have in the case, and before you, is about. When I was speaking to Angela hours and hid evidence from you is fur- the one that we began with nearly 4 Merkel she talks Ukraine, but she doesn’t do ther evidence that they don’t really be- months ago—the actual transcript of anything. A lot of European countries are lieve in the facts of their case; that the July 25, 2019, telephone call be- the same way so I think it’s something you want to look at but the United States has this is—for all their talk about election tween President Trump and President been very, very good to Ukraine. interference, that they are here to per- Zelensky—the real transcript. If that were the only evidence we That is where they picked up again petrate the most massive interference had, it would be enough to show the with the quote, but they left out the in an election in American history, and Democrats’ entire theory is completely entire discussion of burden-sharing. we can’t allow that to happen. Now, what does President Zelensky It would violate our Constitution; it unfounded, but the transcript is far say? Does he disagree? No, he agrees. would violate our history; it would vio- from the only evidence demonstrating They didn’t tell you this. They didn’t late our obligations to the future; and, that the President did nothing wrong. Once you sweep away all of the blus- tell you this. Didn’t have time in 24 most importantly, it would violate the ter and innuendo, the selective leaks, hours to tell you this: sacred trust the American people have placed in you and have placed in them. the closed-door examinations of the Yes you are absolutely right. Not only 100%, but actually [100%] and I can tell you The American people decide elections. Democrats’ hand-picked witnesses, the the following; I did talk to Angela Merkel They have one coming up in 9 months. staged public hearings, what we are and I did meet with her. I also met and We will be very efficient. We will left with are six key facts that have talked with Macron and I told them that begin our presentation today. We will not, and will not, change: they are not doing quite as much as they show you a lot of evidence that they First, the transcript shows that the need to be doing on the issues with the sanc- should have showed you, and we will President did not condition either se- tions. They are not enforcing the sanctions. finish efficiently and quickly so that curity assistance or a meeting on any- They are not working as much as they we can all go have an election. thing. The paused security assistance should work for Ukraine. It turns out that Thank you, and I yield to my col- funds aren’t even mentioned on the even though logically, the European Union should be our biggest partner but technically league, Michael Purpura. call. the United States is a much bigger partner Mr. Counsel PURPURA. Mr. Chief Second, President Zelensky and than the European Union and I’m very grate- Justice, Members of the Senate, good other Ukrainian officials have repeat- ful to you for that because the United States morning. edly said that there was no quid pro

VerDate Sep 11 2014 23:42 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G25JA6.002 S25JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 25, 2020 CONGRESSIONAL RECORD — SENATE S569 quo and no pressure on them to review Let’s start with the transcript. The to the bottom of all forms of foreign in- anything. President did not link security assist- terference in an American Presidential Third, President Zelensky and high- ance to any investigations on the July election. You will hear more about ranking Ukrainian officials did not 25 call. Let’s step back. On July 25, that later from one of my colleagues. even know—did not even know—the se- President Trump called President What else did the President say? The curity assistance was paused until the Zelensky. This was their second phone President also warned President end of August, over a month after the call, both were congratulatory. Zelensky that he appeared to be sur- July 25 call. On April 21, President Trump called rounding himself with some of the Fourth, not a single witness testified to congratulate President Zelensky on same people as his predecessor and sug- that the President himself said that winning the Presidential election. On gested that a very fair and very good there was any connection between any July 25, the President called because prosecutor was shut down by some very investigations and security assistance, President Zelensky’s party had just bad people. Again, one of my col- a Presidential meeting, or anything won a large number of seats in Par- leagues will speak more about that. else. liament. The content of the July 25 call was in Fifth, the security assistance flowed On September 24, before Speaker line with the Trump administration’s on September 11, and a Presidential PELOSI had any idea what President legitimate concerns about corruption meeting took place on September 25, Trump and President Zelensky actu- and reflected the hope that President without the Ukrainian Government an- ally said on the July 25 call, she called Zelensky, who campaigned on a plat- nouncing any investigations. for an impeachment inquiry into Presi- form of reform, would finally clean up Finally, the Democrats’ blind drive dent Trump. Ukraine. to impeach the President does not and In the interest of full transparency So what did President Trump and cannot change the fact, as attested to and to show that he had done nothing President Zelensky discuss in the July by the Democrats’ own witnesses, that wrong, President Trump took the un- 20 call? Two issues: burden-sharing and President Trump has been a better precedented—unprecedented—step of corruption. friend and stronger supporter of declassifying the call transcript so that Just as importantly, what wasn’t dis- Ukraine than his predecessor. the American people could see for cussed on the July 25 call? There was Those are the facts. We plan to ad- themselves exactly what the two Presi- no discussion of the paused security as- dress some of them today and some of dents discussed. sistance on the July 25 call. House them next week. Each one of these six What did President Trump say to Democrats keep pointing to President facts standing alone is enough to sink President Zelensky on the July 25 call? Zelensky’s statement that ‘‘I would the Democrats’ case. Combined, they President Trump raised two issues. I also like to thank you for your great establish what we have known since am going to be speaking about those support in the area of defense.’’ But he the beginning: The President did abso- two issues a fair amount this morning. wasn’t talking there about the paused lutely nothing wrong. security assistance. He tells us in the The Democrats’ allegation that the They are the two issues that go to the President engaged in a quid pro quo is core of how President Trump ap- very next sentence exactly what he was unfounded and contrary to the facts. proaches foreign aid. talking about—Javelin missiles. ‘‘We The truth is simple, and it is right be- When it comes to sending U.S. tax- are ready,’’ President Zelensky con- fore our eyes. The President was, at all payer money overseas, the President is tinues, ‘‘to continue to cooperate for times, acting in our national interest focused on burden-sharing and corrup- the next steps specifically we are al- and pursuant to his oath of office. tion. First, the President, rightly, had most ready to buy more Javelins from Before I dive in and speak further real concerns about whether European the United States for defense pur- about the facts, let me mention some- and other countries were contributing poses.’’ thing that my colleagues will discuss their fair share to ensuring Ukraine se- Javelins are the anti-tank missiles in greater detail. The facts that I am curity. only made available to the Ukrainians about to discuss today are the Demo- Second, corruption. Since the fall of by President Trump. President Obama crats’ facts. This is important because the Soviet Union, Ukraine has suffered refused to give Javelins to the Ukrain- the House managers spoke to you for a from one of the worst environments for ians for years. Javelin sales were not very long time, over 21 hours, and they corruption in the world. A parade of part of the security assistance that had repeatedly claimed to you that their witnesses testified in the House about been paused at the time of the call. case is and their evidence is over- the pervasive corruption in Ukraine Javelin sales have nothing to do with whelming and uncontested. It is not. and how it is in American’s foreign pol- the paused security assistance. Those I am going to share a number of facts icy and national security interests to are different programs entirely. But with you this morning that the House help Ukraine combat corruption—turn- don’t take my word for it. Both former managers didn’t share with you during ing the call right off the bat. Ambassador to Ukraine Marie more than 21 hours. I will ask you, as President Trump mentioned burden- Yovanovitch and NSC Director Tim- Mr. Cipollone already mentioned, that sharing to President Zelensky. Presi- othy Morrison confirmed the Javelin when you hear me say something the dent Trump told President Zelensky missiles and security assistance were House managers didn’t present to you, that Germany does almost nothing for unrelated. ask yourself: Why didn’t they tell me you, and a lot of European countries The House managers didn’t tell you that? Is that something I would have are the same way. President Trump about Ambassador Yovanovitch’s and liked to have known? Why am I hear- specifically mentioned speaking to An- Tim Morrison’s testimony. Why not? ing it for first time from the Presi- gela Merkel of Germany, who he said They could have taken 2 to 5 minutes dent’s lawyers? talks Ukraine but she doesn’t do any- out of 21 hours to make sure you under- It is not because they did not have thing. stood that the Javelin sales being dis- enough time; that is for sure. They President Zelensky agreed; you are cussed were not part of the paused se- only showed you a very selective part absolutely right. He said that he spoke curity assistance. This puts the fol- of the record—their record. And they— with the leaders of Germany and lowing statement by President Trump remember this—have the very heavy France and told them they are not in a whole new light, doesn’t it? ‘‘I burden of proof before you. doing quite as much as they need to be would like you to do us a favor though The President is forced to mount a doing. because our country has been through defense in this Chamber against a Right at the beginning of the call, a lot and Ukraine knows a lot about record that the Democrats developed. President Trump was talking about it.’’ The record that we have to go on today burden-sharing. President Trump then As everyone knows by now, President is based entirely on House Democratic turned to corruption in the form of for- Trump asked President Zelensky ‘‘to facts precleared in a basement bunk- eign interference in the 2016 Presi- do us a favor.’’ And he made clear that er—not mostly, entirely. Yet even dential election. ‘‘us’’ referred to our country and not those facts absolutely exonerate the There is absolutely nothing wrong himself. More importantly, the Presi- President. with asking a foreign leader to help get dent was not connecting ‘‘do us a

VerDate Sep 11 2014 23:42 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G25JA6.003 S25JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S570 CONGRESSIONAL RECORD — SENATE January 25, 2020 favor’’ to the Javelin sales that Presi- the call. Mr. Morrison reported the call Ambassador VOLKER. Correct. dent Zelensky mentioned; that makes to the National Security Council law- Ms. STEFANIK. In that meeting, he made no sense in the language there. But yers, not because he was troubled by no mention of quid pro quo? even if he had been, the Javelin sales anything on the call but because he Ambassador VOLKER. No. Ms. STEFANIK. He made no mention of were not part of the security assistance was worried about leaks and, in his withholding the aid? that had been temporarily paused. words, ‘‘how it would play out in Wash- Ambassador VOLKER. No. I want to be very clear about this. ington’s polarized environment.’’ Ms. STEFANIK. He made no mention of When the House Democrats claim that ‘‘I want to be clear,’’ Mr. Morrison bribery? the Javelin sales discussed in the July testified, ‘‘I was not concerned that Ambassador VOLKER. No. 25 call are part of the paused security anything illegal was discussed.’’ Ms. STEFANIK. So the fact is that Ukrain- assistance, it is misleading. They are Mr. Morrison further testified that ians were not even aware of this hold on aid. trying to confuse you and just sort of there was nothing improper and noth- Is that correct? wrap everything in, instead of unpack- ing illegal about anything that was Mr. Counsel PURPURA. They didn’t ing it the right way. There was no said on the call. In fact, Mr. Morrison tell you about this testimony from mention of the paused security assist- repeatedly testified that he disagreed Ambassador Volker. Why not? Presi- ance on the call and certainly not for with Lieutenant Colonel Vindman’s as- dent Zelensky himself has confirmed President Trump or from President sessment that President Trump made on at least three separate occasions Trump. demands of President Zelensky or that that his July 25 call with President As you know, head-of-state calls are he said anything improper at all. Trump was a ‘‘good phone call’’ and staffed by a number of aides on both Here is Mr. Morrison: ‘‘normal’’ and ‘‘nobody pushed me.’’ sides. LTC Alexander Vindman, (Text of Videotape presentation:) When President Zelensky’s adviser, detailee at the National Security Coun- Mr. SCHIFF. In that transcript, does the Andriy Yermak, was asked if he ever cil, raised a concern about the call, and President not ask Zelensky to look into the felt there was a connection between that was just a policy concern. Lieu- Bidens? military aid and the request for inves- Mr. MORRISON. Mr. Chairman, I can only tenant Colonel Vindman admitted he tigations, he was adamant that ‘‘We did not know if there was a crime or tell you what I was thinking at the time. That is not what I understood the President never had that feeling’’ and ‘‘We did anything of that nature, but he had to be doing. not have the feeling that this aid was deep policy concerns. So there you Mr. TURNER. Do you believe, in your connected to any one specific issue.’’ have it. opinion, that the President of the United Of course, the best evidence that But the President sets the foreign States demanded that President Zelensky there was no pressure or quid pro quo is policy. In a democracy such as ours, undertake these investigations? the statements of the Ukrainians the elected leaders make foreign policy Mr. MORRISON. No, sir. themselves. The fact that President while the unelected staff, such as Lieu- Mr. WENSTRUP. And you didn’t hear the President make a demand, did you? Zelensky himself felt no pressure on tenant Colonel Vindman, implement Mr. MORRISON. No, sir. the call and did not perceive there to the policy. Other witnesses were on the Mr. RATCLIFFE. Again, there were no de- be any connection between security as- July 25 call and had very different re- mands from your perspective, Mr. Morrison? sistance and investigations would, in actions than that of Lieutenant Colo- Mr. MORRISON. That is correct, sir. any ordinary case in any court, be to- nel Vindman. LTG Keith Kellogg, na- Mr. RATCLIFFE. Is it fair to say that as you were listening to the call, you weren’t tally fatal to the prosecution. The tional security advisor to the Vice thinking ‘‘Wow, the President is bribing the judge would throw it out. The case President, former Acting National Se- President of Ukraine’’? That never crossed curity Advisor, and a long-serving and would be over. What more do you need your mind? to know? The House team knows that. highly decorated veteran attended the Mr. MORRISON. It did not, sir. call. Mr. RATCLIFFE. Or that he was extorting They know the record inside out, up- According to General Kelly: the President of Ukraine? side down, left and right. Mr. MORRISON. No, sir. I was on the much-reported July 25 call be- So what do they do? How do they try Mr. RATCLIFFE. Or doing anything im- to overcome the direct words from tween President Donald Trump and Presi- proper? dent Zelensky. As an exceedingly proud Mr. MORRISON. Correct, sir. President Zelensky and his administra- member of President Trump’s administra- tion that they felt no pressure? They Mr. Counsel PURPURA. Signifi- tion and as a 34-year highly experienced tell you that the Ukrainians must have cantly, the Ukrainian Government combat veteran who retired at the rank of felt pressure regardless of what they never raised any concerns about the Lieutenant General in the Army, I heard have said. They try to overcome the nothing wrong or improper on the call. I had July 25 call. Just hours after the call, devastating evidence against them by, and have no concerns. Ambassador William Taylor, head of apparently, claiming to be mind read- The House managers said that other the U.S. mission in Ukraine, had din- ers. They know what is in President witnesses were also troubled by the ner with then-Secretary of the Ukrain- Zelensky’s mind better than President July 25 call and identified those wit- ian National Security and Defense Zelensky does. President Zelensky said nesses as Jennifer Williams and Tim Council, who seemed to think that the he felt no pressure. The House man- Morrison. call went fine. agers tell you they know better. This is Jennifer Williams, who works for The call went well. He wasn’t disturbed by Lieutenant General Kellogg, now anything. really a theme of the House case. I want you to remember this. Every claims that she has concerns about the The House managers didn’t tell you time the Democrats say that President call. You heard that from the House that. Why not? managers. They were very careful in Ambassador Kurt Volker, the U.S. Trump made demands or issued a quid the way they worded that. What they Special Representative for Ukraine, pro quo to President Zelensky on the didn’t tell you is that Ms. Williams was was not on the call, but Ambassador July 25 call, they are saying that Presi- so troubled at the time of the call that Volker spoke regularly with President dent Zelensky and his top advisers are she told exactly zero people of her con- Zelensky and other top officials in the being untruthful, and they acknowl- cern. She told no one for 2 months fol- Ukraine Government and even met edge that is what they are saying. They lowing the call—not one person. Ms. with President Zelensky the day after have said it over the past few days. Williams didn’t raise any concerns the call. He testified that in no way, Tell me how that helps U.S. foreign about the call when it took place, not shape, or form in either the readouts policy and national security to say with Lieutenant General Kellogg, not for the United States or Ukraine did he that about our friends. We know there with counsel, not with anyone. receive any indication whatsoever for was no quid pro quo on the call. We Ms. Williams waited to announce her anything that resembles a quid pro quo know that from the transcripts. But concerns until Speaker PELOSI publicly on the July 25 call. the call is not the only evidence show- announced her impeachment inquiry. Here is Ambassador Volker. ing that there was no quid pro quo. The House managers didn’t tell you (Text of Videotape presentation:) There couldn’t possibly have been a that. Why not? Ms. STEFANIK. In fact, the day after the quid pro quo because Ukrainians did Tim Morrison, who is Lieutenant call, you met with President Zelensky. This not even know the security assistance Colonel Vindman’s boss, was also on would be on July 26. was on hold until it was reported in the

VerDate Sep 11 2014 23:42 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G25JA6.005 S25JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 25, 2020 CONGRESSIONAL RECORD — SENATE S571 media by POLITICO at the end of Au- highest level officials in the Ukrainian she heard from Ukraine Embassy offi- gust, more than a month after the July Government and that the Ukrainian of- cials, Ms. Croft admitted that she can’t 25 call. ficials would confide things and would remember those specifics and did not Think about this. The Democrats ac- have asked if they had any questions think that she took notes. cused the President of leveraging secu- about the aid. Nobody said a word to Ms. Croft also did not remember rity assistance to supposedly force Ambassador Volker until the end of when news of the hold became public. President Zelensky to announce inves- August. Remember though, that Ambassador tigations, but how can that possibly be Then, within hours of the POLITICO Volker, her boss, who was in regular when the Ukrainians were not even article’s being published, Mr. Yermak contact with President Zelensky and aware that the security assistance was texted Ambassador Volker with a link the top Ukrainian aides, was very paused? There can’t be a threat with- to the article and to ask about the re- clear: ‘‘I believe the Ukrainians be- out the person knowing he is being port. In other words, as soon as the came aware of the hold on August 29 threatened. There can’t be a quid pro Ukrainians learned about the hold, and not before.’’ quo without the quo. they asked about it. This is all the House managers have Ambassador Volker testified that the Mr. SCHIFF said something during the in contrast to the testimony of Volker, Ukrainians did not know about the 21 hours—or more than 21 hours—that Taylor, Morrison, and Kent, the text hold until reading about it in POLIT- he and his team spoke that I actually from Yermak, the words of the high- ICO. Ambassador Taylor and Tim Mor- agree with, which is when he talked ranking Ukrainians themselves, and rison both agree. Deputy Assistant about common sense. Many of us at the the flurry of activity that began on Au- Secretary of State George Kent testi- tables and in the room are former pros- gust 28. That is the evidence that they fied that no Ukrainian official con- ecutors at the State, Federal, or mili- want you to consider as a basis to re- tacted him about the paused security tary level. Prosecutors talk a lot about move the duly elected President of the assistance until that first intense week common sense. Common sense comes United States. in September. into play right here. The bottom line is, it is not possible Let’s hear from the four of them. The top Ukrainian officials said for the pause on security assistance to (Text of Videotape presentation:) nothing—nothing at all—to their U.S. have been used as leverage when Presi- Ambassador VOLKER. I believe that the counterparts during all of these meet- dent Zelensky and other top Ukrainian Ukrainians became aware of the hold on Au- ings about the pause on security assist- officials did not know about it. That is gust 29 and not before. That date is the first ance, but then—boom. As soon as the what you need to know. That is what time any of them asked me about the hold POLITICO article comes out, suddenly, the House managers didn’t tell you. by forwarding an article that had been pub- in that first intense week of Sep- The House managers know how im- lished in POLITICO. Ambassador TAYLOR. It was only after tember, in George Kent’s words, secu- portant this issue is. When we briefly August 29 that I got calls from several of the rity assistance was all they wanted to mentioned it a few days ago, they told Ukrainian officials. talk about. us we needed to check our facts. We Mr. CASTOR. You mentioned the August What must we conclude if we are did. We are right. President Zelensky 28 POLITICO article. Is that the first time using our common sense?—that they and his top aides did not know about that you believed the Ukrainians may have didn’t know about the pause until the the pause on security assistance at the had a real sense that the aid was on hold? POLITICO article on August 28. There time of the July 25 call and did not Ambassador TAYLOR. Yes. Mr. HURD. Mr. Kent, had you had any was no activity before. The article know about it until August 28, when Ukrainian official contacting you concerned comes out, and there is a flurry of ac- the POLITICO article was published. about—when was the first time a Ukrainian tivity. We know there was no quid pro quo official contacted you with concern about That is common sense, and it is abso- on the July 25 call. We know the potential withholding of U.S. aid? lutely fatal to the House managers’ Ukrainians did not know the security Mr. KENT. It was after the article in PO- case. The House managers are aware assistance had been paused at the time LITICO came out in that first intense week that the Ukrainians’ lack of knowledge of the call. There is simply no evidence of September. Mr. HURD. It wasn’t until the POLITICO on the hold is fatal to their case, so anywhere that President Trump ever article? they desperately tried to muddy the linked security assistance to any inves- Mr. KENT. That is correct. I received a water. tigations. text message from one of my Ukrainian The managers told you the Deputy Most of the Democrats’ witnesses counterparts forwarding that article, and Assistant Secretary of Defense, Laura have never spoken to the President at that is the first they raised it with me. Cooper, presented two emails that peo- all, let alone about Ukraine security Mr. Counsel PURPURA. The House ple on her staff received from people at assistance. The two people in the managers didn’t show you this testi- the State Department regarding con- House’s record who asked President mony from any of these four witnesses. versations with people at the Ukraine Trump about whether there was any Why not? Why didn’t they give you the Embassy that could have been about linkage between security assistance context of this testimony? Think about U.S. security assistance to Ukraine. and investigations were told, in no un- this as well. If the Ukrainians had been What they did not tell you is that Ms. certain terms, that there was no con- aware of the review on security assist- Cooper testified that she could not say nection between the two. ance, they, of course, would have said for certain whether the emails were When Ambassador to the European something. There were numerous high- about the pause on security assistance. Union Gordon Sondland asked the level diplomatic meetings between sen- She couldn’t say one way or another. President in, approximately, the Sep- ior Ukrainian and U.S. officials during She also testified that she didn’t tember 9 timeframe, the President told the summer after the review on the se- want to speculate about the meaning of him, ‘‘I want nothing. I want no quid curity assistance began, but before the words in the emails. The House pro quo.’’ President Zelensky learned of the hold managers also didn’t tell you that Ms. Even earlier, on August 31, Senator through the POLITICO article. If the Cooper testified: ‘‘I reviewed my cal- RON JOHNSON asked the President if Ukrainians had known about the hold, endar, and the only meeting where I there were any connection between se- they would have raised it in one of can recall a Ukrainian official raising curity assistance and investigations. those meetings. Yet the Ukrainians the issue of security assistance with The President answered: didn’t say anything about the hold at a me is on September 5 at the Ukrainian No way. I would never do that. Who told single one of those meetings, not on Independence Day celebration.’’ The you that? July 9, not on July 10, not on July 25, House managers didn’t tell you that. Two witnesses, Ambassador Taylor not on July 26, not on August 27. At The House managers also mentioned and Tim Morrison, said they came to none of those meetings—none of those that one of Ambassador Volker’s advis- believe security assistance was linked meetings—did the Ukrainians mention ers, Catherine Croft, claimed that the to investigations, but both witnesses the pause on security assistance. Ukrainian Embassy officials learned based this belief entirely on what they Ambassador Volker testified that he about the pause earlier than the PO- had heard from Ambassador Sondland was regularly in touch with the senior, LITICO article; but when asked when before Ambassador Sondland spoke to

VerDate Sep 11 2014 23:42 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G25JA6.006 S25JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S572 CONGRESSIONAL RECORD — SENATE January 25, 2020 the President. Neither Taylor nor Mor- rated by the statement of one of your selves in the shoes of the President of rison ever spoke to the President about colleagues, Senator JOHNSON. Senator the United States right now. the matter. JOHNSON had also heard from Ambas- Before he was sworn into office, he How did Ambassador Sondland come sador Sondland that the security as- was subjected to an investigation by to believe that there was any connec- sistance might be linked to the inves- the Federal Bureau of Investigation, tion between security assistance and tigations. So, on August 31, Senator called Crossfire Hurricane. The Presi- investigations? Again, the House man- JOHNSON asked the President directly dent, within 6 months of his inaugura- agers didn’t tell you. Why not? In his whether there was some kind of ar- tion, found a special counsel being ap- public testimony, Ambassador rangement where Ukraine would take pointed to investigate a Russia collu- Sondland used variations of the words some action and the hold would be lift- sion theory. In their opening state- ‘‘assume,’’ ‘‘presume,’’ ‘‘guess,’’ ‘‘spec- ed. ment, several Members of the House ulate,’’ and ‘‘belief’’ over 30 times. Again, President Trump’s answer was managers tried to, once again, reliti- Here are some examples. crystal clear. gate the Mueller case. (Text of Videotape presentation:) No way. I would never do that. Who told Here is the bottom line: This is part Ambassador SONDLAND. That was my you that? 1 of the Mueller report. This part alone presumption, my personal presumption. As Senator JOHNSON wrote: ‘‘I have is 199 pages. The House managers, in That was my belief. their presentation, a couple of times That was my presumption. accurately characterized his reaction I presumed that might have to be done in as adamant, vehement, and angry.’’ referenced a ‘‘this for that.’’ Let me order to get the aid released. They didn’t tell you about Senator tell you something. This cost $32 mil- It was a presumption. JOHNSON’s letter. Why not? lion. This investigation took 2,800 sub- I have been very clear as to when I was pre- The Democrats’ entire quid pro quo poenas. This investigation had 500 suming, and I was presuming on the aid. search warrants. This had 230 orders for It would be pure, you know, guesswork on theory is based on nothing more than my part, speculation. I don’t know. the initial speculation of one person— communication records. This had 500 That was the problem, Mr. Goldman. No Ambassador Sondland. That specula- witness interviews—all to reach the one told me directly that the aid was tied to tion is wrong. Despite the Democrats’ following conclusion. anything. I was presuming it was. hopes, the Ambassador’s mistaken be- I am going to quote from the Mueller Mr. Counsel PURPURA. They didn’t lief does not become true merely be- report itself—it can be found on page show you any of this testimony—not cause he repeated it many times and, 173—as relates to this whole matter of once—during their 21-hour presen- apparently, to many people. collusion and conspiracy: ‘‘Ulti- tation. It was 21 hours—more than 21 Under Secretary of State David Hale, mately,’’ in the words of Bob Mueller hours—and they couldn’t give you the George Kent, and Ambassador Volker in his report, ‘‘the investigation did context to evaluate Ambassador all testified that there was no connec- not establish that the campaign coordi- Sondland. All the Democrats have to tion whatsoever between security as- nated or conspired with the Russian support the alleged link between secu- sistance and investigations. Government in its election inter- rity assistance and investigations is Here is Ambassador Volker. ference activities.’’ Ambassador Sondland’s assumptions (Text of Videotape presentation:) Let me say that again. This, the and presumptions. Mr. TURNER. You had a meeting with the Mueller report, resulted in this—that We remember this exchange. President of the United States, and you be- for this: ‘‘Ultimately, the investigation (Text of Videotape presentation:) lieve that the policy issues that he raised did not establish that the campaign co- Mr. TURNER. Is it correct no one on this concerning Ukraine were valid, correct? ordinated or conspired with the Rus- planet told you that Donald Trump was Ambassador VOLKER. Yes. sian Government in its election [-re- Mr. TURNER. Did the President of the tying this aid to the investigations? Because, lated] interference activities’’—this for if your answer is yes, then the chairman is United States ever say to you that he was not going to allow aid from the United that. wrong, and the headline on CNN is wrong. No In his summation on Thursday night, one on this planet told you that President States to go to Ukraine unless there were in- Manager SCHIFF complained that the Trump was tying aid to investigations, yes vestigations into Burisma, the Bidens, or the or no? 2016 elections? President chose not to go with the de- Ambassador SONDLAND. Yes. Ambassador VOLKER. No, he did not. termination of his intelligence agen- Mr. TURNER. So you really have no testi- Mr. TURNER. Did the Ukrainians ever tell cies regarding hard interference and in- mony today that ties President Trump to a you that they understood that they would stead decided that he would listen to scheme to withhold aid from Ukraine in ex- not get a meeting with the President of the United States, a phone call with the Presi- people he trusted and he would inquire change for these investigations? about the Ukraine issue himself. Mr. Ambassador SONDLAND. Other than my dent of the United States, military aid, or own presumption. foreign aid from the United States unless SCHIFF did not like the fact that the President did not apparently blindly Mr. Counsel PURPURA. When he was they undertook investigations of Burisma, the Bidens, or the 2016 elections? trust some of the advice he was being done presuming, assuming, and guess- Ambassador VOLKER. No, they did not. given by the intelligence agencies. ing, Ambassador Sondland finally de- Mr. Counsel PURPURA. The House First of all, let me be clear. Dis- cided to ask President Trump directly. managers never told you any of this. agreeing with the President’s decision What does the President want from Why not? Why didn’t they show you on foreign policy matters or whose ad- Ukraine? this testimony? Why didn’t they tell vice he is going to take is in no way an Here is the answer. (Text of Videotape presentation:) you about this testimony? Why didn’t impeachable offense. they put Ambassador Sondland’s testi- Second, Mr. SCHIFF and Mr. NADLER, Ambassador SONDLAND. President Trump, when I asked him the open-ended mony in its full and proper context for of all people—because they chaired sig- question, as I testified previously, ‘‘What do your consideration? Because none of nificant committees—really should you want from Ukraine?’’ his answer was ‘‘I this fits their narrative, and it know this, and they should know what want nothing. I want no quid pro quo. Tell wouldn’t lead to their predetermined is happening. Zelensky to do the right thing.’’ That is all outcome. Let me remind you of something: I got from President Trump. Thank you for your attention. Just six-tenths of a mile from this Mr. Counsel PURPURA. The Presi- I yield to Mr. Sekulow. Chamber sits the Foreign Intelligence dent was unequivocal. Ambassador Mr. Counsel SEKULOW. Mr. Chief Surveillance Court, also known as the Sondland stated that this was the final Justice, Majority Leader MCCONNELL, FISA Court. It is the Federal court es- word he heard from the President of Democratic Leader SCHUMER, House tablished and authorized under the the United States, and once he learned managers, Members of the Senate, let Foreign Intelligence Surveillance Act this, he text-messaged Ambassadors me begin by saying that you cannot to oversee requests by Federal agencies Taylor and Volker: ‘‘The President has simply decide this case in a vacuum. for surveillance orders against foreign been crystal clear—no quid pro quos of Mr. SCHIFF said yesterday—I believe spies inside the United States, includ- any kind.’’ it was his father who said it—you ing American citizens. If you are skeptical of Ambassador should put yourself in someone else’s Because of the sensitive nature of its Sondland’s testimony, it was corrobo- shoes. Let’s, for a moment, put our- business, the court is a more secret

VerDate Sep 11 2014 23:42 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G25JA6.007 S25JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 25, 2020 CONGRESSIONAL RECORD — SENATE S573 court. Its hearings are closed to the lar argument, saying that President to read everybody’s thoughts, they can public. In this court, there are no de- Trump thought ‘‘Ukraine, not Russia, read everybody’s intentions even when fense counsel, no opportunity to cross- interfered in our last Presidential elec- the principal speakers, the witnesses examine witnesses, and no ability to tion.’’ And this is basically what we themselves, insist that those interpre- test evidence. The only material the call a straw man argument. tations are wrong. court ever sees are those materials Let me be clear. The House man- Manager SCHIFF, Managers GARCIA that are submitted on trust—on trust— agers, over a 23-hour period, kept push- and DEMINGS relied heavily on selected by members of the intelligence commu- ing this false dichotomy that it was ei- clips from Ambassador Sondland’s tes- nity, with the presumption that they ther Russia or Ukraine but not both. timony. I am not going to replay those. would be acting in good faith. They kept telling you that the conclu- My colleague Mr. Purpura played those On December 17, 2019, the FISA Court sion of the intelligence community and for you. It is clear. We are not going to issued a scathing order in response to Mr. Mueller was Russia alone with re- play the same clips seven times. He the Justice Department inspector gen- gard to the 2016 elections. said it. You saw it. That is the evi- eral’s report on the FBI’s Crossfire Of course, that is not—the report dence. Hurricane investigation into whether that Bob Mueller wrote focused on Rus- Ms. LOFGREN said that, you know, or not the Trump campaign was coordi- sian interference, although there is numerous witnesses testified that—and nating with Russia. We already know some information in letters regarding this is the quote—‘‘that they were not the conclusion. That report detailed Ukraine, and I am going to point to provided with any reason for why the the FBI’s pattern of practice, system- those in a few moments. In fact, let me hold was lifted on September 11,’’ again atic abuses of obtaining surveillance talk about those letters right now. suggesting that the President’s reason order requests, and the process they This is a letter dated May 4, 2018, to for the hold—Ukrainian corruption and utilized. Mr. Yuriy Lutsenko, the general pros- burden-sharing—were somehow created In its order—this is the order from ecutor for the Office of the Prosecutor after the fact. But, again, as my col- the court. I am going to read it. ‘‘This General of Ukraine. It was a letter re- league just showed you, burden-sharing order responds to reports that per- questing that his office cooperate with was raised in the transcript itself. Mr. SCHIFF stated here that, just like sonnel of the Federal Bureau of Inves- the Mueller investigation involving the implementation of the hold, Presi- tigation provided false information to issues involving the Ukraine Govern- dent Trump provided no reason for the the National Security Division of the ment and law enforcement officials. It release. This also is wrong. Department of Justice, and withheld is signed by Senator MENENDEZ, Sen- In their testimony, Ambassadors material information from the NSD ator LEAHY, and Senator DURBIN. Sondland and Volker said that the which was detrimental to the FBI’s I am doing this to put this in an en- President raised his concerns about case in connection with four applica- tire perspective. House managers tried Ukrainian corruption in the May 23, tions to the Foreign Intelligence Sur- to tell you that the importance—re- 2019, meeting with the Ukraine delega- veillance Court.’’ member the whole discussion—and my tion. When the FBI personnel misled NSD colleague Mr. Purpura talked about Deputy Defense Secretary Laura Coo- in the ways that are described in these this—between President Zelensky and per testified that she received an email reports, they equally misled the For- President Trump and the bilateral in June of 2019 listing followups from a eign Intelligence Surveillance Court. meeting in the Oval Office of the White meeting between the Secretary of De- This order has been followed up. House, as if an Article of Impeachment fense Chief of Staff and the President There has been another order. It was could be based upon a meeting not tak- relating specifically to Ukrainian secu- declassified just a couple of days ago. ing place in the White House but tak- rity assistance, including asking about Thanks in large part— ing place someplace else, like the what other countries are contributing. The court said— United Nations General Assembly, Burden-sharing. That can be found in to the . . . Office of the Inspector General, where it, in fact, did take place. Laura Cooper’s deposition, pages 33 and U.S. Department of Justice, the Court has Dr. Fiona Hill was quite clear in say- 34. received notice of material misstatements ing that a White House meeting would The President mentioned both cor- and omissions in the applications filed by supply the new Ukrainian Government ruption and burden-sharing to Senator the government in the above-captioned docu- with the ‘‘legitimacy it needed, espe- JOHNSON, as you already heard. ments. . . . DOJ assesses that with respect to cially vis-a-vis the Russians,’’ and that It is also important to note that, as the applications in— Ukraine viewed the White House meet- Ambassador David Hale testified, for- And it lists two specific docket num- ing as a recognition of their legitimacy eign aid generally was undergoing a re- bers— as a sovereign state. But here is what view in 2019. From page 84 of his No- . . . 17–375 and 17–679, ‘‘if not earlier, there they did not play. Here is what they vember 6, 2019, testimony, he said the was insufficient predication to establish did not tell you. And I am going to administration ‘‘did not want to take probable cause to believe that [Carter] Page quote from Dr. Hill’s testimony on a, sort of, business-as-usual approach was acting as an agent of a foreign power.’’ page 145 of her transcript. These are to foreign assistance, a feeling that The President had reason to be con- her words. This is what she said under once a country has received a certain cerned about the information he was oath: assistance package, it’s a—it’s some- being provided. Now, we could ignore It wasn’t always a White House meeting thing that continues forever.’’ this. We could make believe this did per se, but definitely a Presidential-level, They didn’t talk about that in the 23- not happen. But it did. you know, meeting with Zelensky and the hour presentation. As we begin introducing our argu- President. I mean, it could’ve taken place in Dr. Fiona Hill confirmed this review ments, I want to correct a couple of Poland, in Warsaw. It could have been, you and testified on November 23, 2019—I things in the record as well. That is know, a proper bilateral in some other con- am going to again quote from page 75 what we are doing today. We really in- text. But, in other words, a White House- of her testimony—that ‘‘there had been tend to show for the next several days level Presidential meeting. a directive for a whole-scale review of that the evidence is actually really That can be found on page 145. our foreign policy—foreign policy as- overwhelming that the President did Contrary to what Manager SCHIFF sistance, and the ties between our for- nothing wrong. and some of the other managers told eign policy objectives and that assist- Mr. SCHIFF and his colleagues repeat- you, this meeting did, in fact, occur. It ance. This had been going on actually edly told you about the intelligence occurred at the U.N. General Assembly for many months.’’ community assessment that Russia on September 25, 2019. So multiple witnesses testified that was acting alone, responsible for the Those were the words of Dr. Hill’s the President had longstanding con- election interference, implying that that you did not hear. cerns and specific concerns about this somehow debunked the idea that This case is really not about Presi- Ukraine. The House managers under- there might be, you know, interference dential wrongdoing. This entire im- standably—understandably—ignore the from other countries, including peachment process is about the House testimony that took place before their Ukraine. Mr. NADLER deployed a simi- managers’ insistence that they are able own committees.

VerDate Sep 11 2014 23:42 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G25JA6.009 S25JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S574 CONGRESSIONAL RECORD — SENATE January 25, 2020 In her testimony of October 14, 2019, Zelensky’s party would actually be cause, in the process at the time, there Dr. Hill testified at pages 118 and 119 of able to get a workable majority. I were an awful lot of reviews going on, her transcript that she thinks the think we are all glad that they did, but on foreign assistance. That is the Hill President has actually quite publicly to say that that has been tested or de- deposition transcript. said that he was very skeptical about termined that corruption in Ukraine She added—this was one of the star corruption in Ukraine. And then she has been removed, the Anticorruption witnesses of the managers—she added said, again in her testimony, ‘‘And, in Court of Ukraine did not commence its that, in her experience, stops and fact, he’s not alone, because everyone work until September 5, 2019, 121 days starts are sometimes common in for- has expressed great concerns about cor- ago—4 months ago. We are acting as if eign assistance and that the Office of ruption in Ukraine.’’ there was a magic wand, that there was Management and Budget holds up dol- Similarly, Ambassador Yovanovitch a new election and everything was now lars all the time, including the path for testified that they all had concerns fine. dollars going to Ukraine in the past. about corruption in Ukraine, and, as I will not—because we are going to Similarly, Ambassador Volker con- noted on page 142 of her deposition hear more about it—get into some of firmed that aid gets held up from time transcript, when asked what she knew the meetings the Vice President had. to time for a whole assortment of rea- about the President’s deep-rooted skep- You will hear that in the days ahead. sons. ticism about Ukraine’s business envi- Manager CROW said this. What is Manager CROW told you that the ronment, she answered that President most interesting to me about this was President’s Ukraine policy was not Trump delivered an anti-corruption that President Trump was only inter- strong against Russia, noting that we message to former Ukrainian President ested in Ukraine’s aid—nobody else. help our partner fight Russia over Poroshenko in their first meeting in The U.S. provides aid to dozens of there so we don’t have to fight Russia the White House on June 20, 2017. countries around the world, lots of over here. Our friends are on the NSC Senior Director Morrison con- partners and allies. He didn’t ask about frontlines in trenches and with sneak- firmed on November 19, 2019, at page 63 any of them, just Ukraine. ers. This was following the Russian in- in his testimony transcript, that—this I appreciate your service to our coun- vasion of Ukraine in 2014, ‘‘the United was during the Volker, Morrison public try, I really do. I didn’t serve in the States has stood by Ukraine,’’ and hearing—that he was aware that the military, and I appreciate that, but those are your words. President thought Ukraine had a cor- let’s get our facts straight. Well, it is true that the United ruption problem—his words, again— That is what Manager CROW said. States has stood by Ukraine since the and he continued, ‘‘as did many others Here is what actually happened. Presi- invasion of 2014. Only one President familiar with Ukraine.’’ dent Trump has placed holds on aid a since then took a very concrete step. According to her October 30, 2019, tes- number of times. It would just take Some of you supported it. That step in- timony, Special Advisor for Ukraine basic due diligence to figure this out. cluded actually providing Ukraine with Negotiations at the State Department, In September 2019, the administration lethal weapons including Javelin mis- Catherine Croft, also heard the Presi- announced that it was withholding siles. That is what President Trump dent raise the issue of corruption di- over $100 million in aid to Afghanistan did. Some of you in this very room— rectly with then President Poroshenko over concerns about government cor- some of you managers—actually sup- of Ukraine during a bilateral meeting ruption. In August 2019, President ported that. at the United Nations General Assem- Trump announced that the administra- Here is what Ambassador Taylor said bly, this time in September of 2017. tion and Seoul were in talks to sub- that you didn’t hear in the 23 hours. Special Advisor Croft testified she stantially increase South Korea’s You didn’t hear this. Javelin missiles also understood the President’s con- share—burden sharing—of the expenses are ‘‘ . . . serious weapons. They kill cern that ‘‘Ukraine is corrupt’’ because of U.S. military aid support for South Russian tanks.’’ she has—these are her words—tasked Korea. Ambassador Yovanovitch agreed, to write a paper to help then NSA head In June, President Trump cut or stating that Ukraine policy under McMaster, General McMaster, make paused over $550 million in foreign aid President Trump actually got stronger, the case to the President in connection to El Salvador, Honduras, and Guate- stronger than it was under President with prior—prior—security assistance. mala because those countries were not Obama. These concerns were entirely justi- fairly sharing the burden of preventing There were talks about sanctions. fied. When asked—again, a quote from mass migrations to the United States. President Trump has also imposed Dr. Hill’s October 14, 2019 hearing tran- In June, the administration tempo- heavy sanctions on Russia. President script, ‘‘ . . . certainly eliminating cor- rarily paused $105 million in aid to Leb- Zelensky thanked him. ruption in Ukraine was one of if not anon. The administration lifted that The United States has imposed heavy the central goal of [U.S.] foreign pol- hold in December, but one official ex- sanctions on Russia. President icy?’’ plained that the administration contin- Zelensky thanked him. Does anybody think that one election ually reviews and thoroughly evaluates Manager JEFFRIES said that the idea of one President that ran on a reform the effectiveness of all U.S. foreign as- that Trump cares about corruption is platform who finally gets a majority in sistance to ensure that funds go toward laughable. This is what Dr. Hill said. their legislative body that corruption activities that further U.S. foreign pol- They didn’t play this—‘‘ . . . elimi- in Ukraine just evaporates? icy and also further our national secu- nating corruption in Ukraine was one That is like looking at this—it goes rity interests, like any administration of, if the central goal of U.S. foreign back to the Mueller report. You can’t would. policy’’ in Ukraine. look at these issues in a vacuum. Vir- In September 2018, the administra- Let me say that again. Dr. Hill testi- tually every witness agreed that con- tion canceled the $300 million in mili- fied that ‘‘eliminating corruption in fronting corruption is at the forefront tary aid to Pakistan because it was not Ukraine was one of, if [not] the central of U.S. policy. meeting its counterterrorism obliga- goal of U.S. foreign policy [in Now, I think there is some other tions. Ukraine].’’ If you are taking notes, you things we have to understand about the You didn’t hear about any of that can find that in the Hill deposition timing. This again is according to the from my Democratic colleagues, the transcript 34:7 through 13. testimony of Tim Morrison in his testi- House managers. None of that was dis- Dr. Hill also said that she thinks: mony. This is when President Zelensky cussed. . . . [T]he President has actually quite pub- was first elected, and these are his Under Secretary Hale, again, in his licly said that he was very skeptical about words. There was real ‘‘concern about transcript said that, quote, aid has corruption in Ukraine. And, in fact, he’s not whether [he] would be a genuine re- been withheld from several countries alone, because everyone has expressed great former’’ and ‘‘whether he would genu- ‘‘across the globe’’ for various reasons. concerns about corruption in Ukraine. inely try to root out corruption.’’ Dr. Hill similarly explained that Ambassador Yovanovitch—they It was also at this time, before the there was a freeze put on all kinds of didn’t play this. She also said ‘‘we all election, unclear whether President aid, also a freeze put on assistance be- had concerns.’’

VerDate Sep 11 2014 23:42 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G25JA6.010 S25JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 25, 2020 CONGRESSIONAL RECORD — SENATE S575 National Security Director Morrison That is simply not true. That is sim- poenas were forcing executive branch confirmed that he ‘‘was aware that the ply not true. In every instance, when officials to testify without the presence President thought Ukraine had a cor- there was resistance to a subpoena, re- of agency counsel, which is a separate ruption problem, as did many other sistance to a subpoena for a witness or legal infirmity again supported by an people familiar with it.’’ for documents, there is a legal expla- opinion from the Office of Legal Coun- I am not going to continue to go over nation and justification for it. sel at the Department of Justice. and over and over again the evidence For example, they focused a lot on an Let me turn to the specific issue of that they did not put before you be- October 8 letter from the Counsel for the invalidity of the subpoenas because cause we would be here for a lot longer the President, Pat Cipollone, but they they weren’t supported by a vote of the than 24 hours, but to say that the didn’t show you the October 18 letter, House authorizing Manager SCHIFF’s President of the United States was not which is up on the screen now, that committee to exercise the power of im- concerned about burden sharing, that went through in detail why subpoenas peachment to issue compulsory proc- he was not concerned about corruption that had been issued by Manager ess. in Ukraine, the facts from their hear- SCHIFF’s committees were invalid be- Manager JEFFRIES said that there ing established exactly the opposite. cause the House had not authorized were no Supreme Court precedents sug- The President wasn’t concerned their committees to conduct any such gesting such a requirement and that about burden sharing? Read all of the inquiry or to subpoena information in every investigation into a Presidential records. furtherance of it. That is because the impeachment in history has begun And then there was Mr. SCHIFF say- House had not taken a vote to author- without a vote from the House, and ing yesterday, maybe we can learn a ize the committee to exercise the those statements simply aren’t accu- lot more from our Ukrainian ally. power of impeachment to issue any rate. Let me read you what our Ukrainian compulsory process. I am going to get There is Supreme Court precedent ex- ally said. President Zelensky, when into that issue in just a moment. plaining very clearly the principle that asked about these allegations of quid Not only was there a legal expla- a committee of either House of Con- pro quo, he said: nation—a specific reason for every re- gress gets its authority only by a reso- I think you read everything. I think you sistance, not just blanket defiance— lution from the parent body. United read the text. We had a good phone call. every step that the administration States v. Rumely and Watkins v. These are his words. took was supported by an opinion from United States make this very clear. It was normal. We spoke about many the Department of Justice in the Office And it is common sense. The Constitu- things. And so, I think, and you read it, that of Legal Counsel. Those are explained tion assigns the sole power of impeach- nobody pushed me. in our brief, and the major opinion ment to the House of Representatives— They think you can read minds. I from the Office of Legal Counsel is ac- to the House, not to any Member and think you look at the words. tually attached in our trial memo- not to a subcommittee—and that au- I would yield the balance of my time randum as an appendix. thority can be delegated to a com- to my colleague, the deputy White Mr. JEFFRIES and other managers mittee to use only by a vote of the House counsel Pat Philbin. He is going also suggested that the Trump admin- House. to address two issues. istration took the approach of no nego- It would be the same here in the Sen- We are going to try to do this in a tiation, a blanket refusal, and no at- ate. The Senate has the sole power to very systematic way in the days ahead. tempt to accommodate. That is also try impeachments. But if there were no No. 1, involving issues related to ob- not true. That is also not true. In the rules that had been adopted by the struction—because this came at the October 8 letter that Mr. Cipollone sent Senate, would you think that the ma- end of theirs, so I want to do this in a to Speaker PELOSI, it said explicitly: jority leader himself could simply de- sequence, as it relates to some of the ‘‘If the Committees wish to return to cide that he would have a committee subpoenas that were issued. He is also the regular order of oversight requests, receive evidence, handle that, submit a going to touch on some of the due proc- we stand ready to engage in that proc- recommendation to the Senate, and ess issues, since it was at the end of ess as we have in the past, in a manner that would be the way the trial would theirs and is fresh in everybody’s consistent with well-established bipar- occur, without a vote from the Senate minds. tisan constitutional protections and a to give authority to that committee? I Mr. Chief Justice. respect for the separation of powers en- don’t think so. It doesn’t make sense. Mr. Counsel PHILBIN. Mr. Chief Jus- shrined in our Constitution.’’ That is not the way the Constitution tice, Senators, Majority Leader It was Manager SCHIFF and his com- assigns that authority, and it is the MCCONNELL, Democratic Leader SCHU- mittees that did not want to engage in same in the House. MER: Good morning. As Mr. Sekulow any accommodation process. We had Here, there was no vote to authorize said, I am going to touch upon a couple said that we were willing to explore the committee to exercise the power of of issues related to obstruction and due that. impeachment. And this law has been process, just to hit on some points be- The House managers have also as- boiled down by the DC Circuit in Exxon fore we go into more detail in the rest serted a number of times—this came up Corp. v. FTC to explain it this way: of our presentation. in the first long night when we were ‘‘To issue a valid subpoena, . . . a com- I would like to start with one of the here until 2 as well—that the Trump mittee or subcommittee must conform points that Manager JEFFRIES focused administration never asserted execu- strictly to the resolution establishing a lot on toward the end of the presen- tive privilege—never asserted execu- its investigatory powers.’’ tation yesterday relating to the ob- tive privilege. I explained at the time There must be a resolution voted on struction charge in the second Article that that is technically true but mis- by the parent body to give the com- of Impeachment because he tried to leading—misleading because the ra- mittee that power. And the problem portray a picture of what he called tionale on which the subpoenas were here is, there is no standing rule. There ‘‘blanket defiance,’’ that there was a resisted never depended on an assertion was no standing authority giving Man- response from the Trump administra- of executive privilege. ager SCHIFF’s committee the authority tion that was simply: We won’t cooper- Each of the rationales that we have to use the power of impeachment to ate with anything, we won’t give you offered—and I will go into one of them issue compulsory process. Rule X of the any documents, we won’t do anything, today: that the House subpoenas were House discusses legislative authority. and it was blanket defiance really not authorized—does not depend on It doesn’t mention impeachment. That without explanation. That was all making that formal assertion of execu- is why, in every Presidential impeach- there was. It was just an assertion that tive privilege. It is a different legal ra- ment in history, the House has initi- we wouldn’t cooperate. tionale. The subpoenas weren’t author- ated the inquiry by voting to give a And he said, and I pulled this from ized because there was no vote, or the committee the authority to pursue the transcript, that President Trump’s subpoenas were to senior advisers to that inquiry. objections are not generally rooted in the President who are immune from Contrary to what Manager JEFFRIES the law and are not legal arguments. congressional compulsion, or the sub- suggested, there has always been, in

VerDate Sep 11 2014 01:06 Jan 26, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G25JA6.012 S25JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S576 CONGRESSIONAL RECORD — SENATE January 25, 2020 every Presidential impeachment in- ment was the potential for a partisan to allow the President to have some quiry, a vote from the full House to au- impeachment—a partisan impeach- due process. But the way that played thorize the committee, and that is the ment that was being pushed merely by out was this: First, they scheduled a only way the inquiry begins. a faction—and a way to ensure a check hearing for December 4 that was going There were three different votes for on that is to require democratic ac- to hear solely from law professors. By the impeachment of President Andrew countability from the full House, to the time they wanted the President to Johnson—in January 1867, in March have a vote from the entire House be- commit whether he would participate, 1867, and in February 1868. fore any impeachment can proceed. it was unclear—they couldn’t specify For President Nixon, Chairman Ro- That didn’t happen here. It was only how many law professors or who the dino of the House Judiciary Committee after 5 weeks of hearings that the law professors were going to be, and explained—there was a move to have House decided to have a vote. the President’s counsel wrote back and them issue subpoenas after the Satur- What that meant, at the outset, was declined to participate in that. day Night Massacre, and they deter- that all of the subpoenas that were But at the same time, Manager NAD- mined that they did not have that au- issued under the law of the Supreme LER had asked what other rights under thority in the House Judiciary Com- Court cases I discussed—all those sub- the House Resolution 660—the rules mittee without a vote from the House, poenas were invalid, and that is what governing the House inquiry—the and he determined, as he explained, the Trump administration pointed out President would like to exercise. The that ‘‘such a resolution has always specifically to the House. That was the President’s counsel wrote back asking been passed by the House. . . . It is a reason for not responding to them, be- specific questions in order to be able to make an informed decision and asked necessary step if we are to meet our ob- cause under long-settled precedent, whether you intend to allow fact wit- ligations.’’ there had to be a vote from the House nesses to be called, including the wit- There has been reference to inves- to give authority, and the administra- nesses who had been requested by tigatory activities starting in the tion would not respond to subpoenas HPSCI Ranking Member NUNES; wheth- House Judiciary Committee in the that were invalid. er you intend to allow members of the Nixon impeachment prior to the vote The next point I would like to touch Judiciary Committee and the Presi- from the House, but all that the com- on briefly has to do with due process dent’s counsel a right to cross-examine mittee was doing was assembling pub- because we heard from the House man- fact witnesses; and whether your Re- licly available information and infor- agers that they offered the President publican colleagues on the Judiciary mation that had been gathered by due process at the House Judiciary Committee will be allowed to call wit- other congressional committees. There Committee. Manager NADLER described nesses of their choosing. Manager NAD- was never an attempt to issue compul- it as that he sent the President a let- LER didn’t respond to that letter. There sory process until there had been a ter—the President’s counsel a letter— vote by the House to give the House wasn’t information provided. offering to allow the President to par- We had discussions with the staff on Judiciary Committee that authority. ticipate, and the President’s counsel Similarly, in the Clinton impeach- the Judiciary Committee to try to find just refused, as if that was the only ex- out what were the plans and what were ment, there were two votes from the change, and there was just a blanket full House to give the House Judiciary the hearings going to be like. The way refusal to participate. the week played out, on December 4, Committee authority to proceed: first Let me explain what actually hap- a vote on resolution 525 just to allow there was the hearing with the law pro- pened. I should note before I get into fessors—the first hearing before the Ju- the committee to examine the inde- those details that there was a sugges- diciary Committee—and on December pendent counsel report and make rec- tion also that due process is not re- 5, the morning of December 5, Speaker ommendations on how to proceed and quired in the House proceeding and PELOSI announced the conclusion of the then a separate resolution, H. Res. 581, that it is simply a privilege, but that entire Judiciary Committee process be- that gave the House Judiciary Com- wasn’t the position Manager NADLER cause she announced that she was di- mittee subpoena authority. has taken in the past. In 2016, he said: At the time, in the House report, the recting Chairman NADLER to draft Ar- The power of impeachment is a solemn re- House Judiciary Committee explained: ticles of Impeachment. So the conclu- sponsibility, assigned to the House by the sion of the whole process was already Because the issue of impeachment is of Constitution, and to this committee by our such overwhelming importance, the com- set. peers. That responsibility demands a rig- Then, after the close of business on mittee decided that it must receive author- orous level of due process. ization from the full House before proceeding the 5th, we learned from the staff that on any further course of action. Because im- In the Clinton impeachment in 1998, the committee had no plans, other peachment is delegated solely to the House he explained: than a hearing on December 9, to hear of Representatives by the Constitution, the What does due process mean? It means, from staffers who had prepared HPSCI full House of Representatives should be in- among other things, the right to confront committee reports. They had no plans volved in critical decisionmaking regarding the witnesses against you, to call your own to have other hearings, no plans to various stages of impeachment. witnesses, and to have the assistance of hear from fact witnesses, and no plans counsel. Here, the House Democrats skipped to do any factual investigation. over that step completely. What they Now, I think we all know that all of So the President was given a choice had instead was simply a press con- those rights were denied to the Presi- of participating in a process that was ference with Speaker PELOSI announc- dent in the first two rounds of hear- going to already have the outcome de- ing that she was directing committees ings—the first round of secret hearings termined—the Speaker had already to proceed with an impeachment in- in the basement bunker where Manager said Articles of Impeachment were quiry against the President of the SCHIFF had three committees holding going to be drafted—and there were no United States. hearings and then in a round of public plans to hear from any fact witnesses. Speaker PELOSI didn’t have the au- hearings to take the testimony that That is not due process. That is why thority to delegate the power of the had been screened in the basement the President declined to participate in House to those committees on her own. bunker and have it in a public televised that process, because the Judiciary So why does it matter? It matters be- setting, which was totally unprece- Committee had already decided they cause the Constitution places that au- dented in any Presidential impeach- were going to accept an ex parte record thority in the House and ensures that ment inquiry—in both the Clinton and developed in Manager SCHIFF’s process, there is a democratic check on the ex- the Nixon inquiries. For every public and there was no point in participating ercise of that authority and that there hearing, the President was allowed to in that. So the idea that there was due will have to be a vote by the full House be represented by counsel and cross-ex- process offered to the President is sim- before there can be a proceeding to amine witnesses. ply not accurate. start inquiring into impeaching the But the House managers say that is The entire proceedings in the House, President of the United States. all right because when we got to the from the time of the September 4 press One of the things that the Framers third round of hearings, after people conference until the Judiciary Com- were most concerned about in impeach- had testified twice, then we were going mittee began marking up Articles of

VerDate Sep 11 2014 01:06 Jan 26, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G25JA6.013 S25JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 25, 2020 CONGRESSIONAL RECORD — SENATE S577 Impeachment on December 11, lasted 78 should hear from the whistleblower, in- Mr. Counsel PHILBIN. So that was in days. It is the fastest investigatory cluding Manager SCHIFF. March of 2017, when Chairman SCHIFF, process for a Presidential impeachment I think we have what he said. as ranking member of HPSCI, was tell- in history. (Text of Videotape presentation:) ing the public—the American public— For 71 days of that process, for 71 Mr. SCHIFF. But, yes, we would love to that he had more than circumstantial days of the hearing and taking of depo- talk directly to the whistleblower. evidence, through his position on sitions and hearing testimony, the We will get the unfiltered testimony from HPSCI, that President Trump’s cam- President was completely locked out. the whistleblower. paign had colluded with Russia. He couldn’t be represented by counsel. We don’t need the whistleblower. Now, of course, as Mr. Sekulow He couldn’t cross-examine witnesses. Mr. Counsel PHILBIN. Now, what pointed out, after $32 million and over He couldn’t present evidence. He changed? At first, Manager SCHIFF 500 search warrants—roughly 500 search couldn’t present witnesses for 71 of the agreed we should hear the unfiltered warrants—the Mueller report deter- 78 days. That is not due process. testimony from the whistleblower, but mined that there was no collusion, that It goes to a point that Mr. Cipollone then he changed his mind, and he sug- that wasn’t true. raised earlier. Why would you have a gested that it was because now we had We wanted to point these things out process like that? What does that tell the transcript. But the second clip simply for this reason: Chairman you about the process? there was from September 29, which SCHIFF has made so much of the As we pointed out a couple of times, was 4 days after the transcript had House’s case about the credibility of cross-examination in our legal system been released. But there was something interpretations that the House man- is regarded as the greatest legal engine that came into play, and that was agers want to place on not hard evi- ever invented for the discovery of something Manager SCHIFF had said dence but on inferences. They want to truth. It is essential. The Supreme earlier when he was asked about tell you what President Trump Court has said in Goldberg v. Kelly, for whether he had spoken to the whistle- thought. They want to tell you: Don’t any determination that is important, blower. believe what Zelensky says; we can tell that requires determining facts, cross- (Text of Videotape presentation:) you what Zelensky actually thought. examination has been one of the keys Mr. SCHIFF. We have not spoken directly Don’t believe what the other Ukrain- for due process. with the whistleblower. We would like to. ians actually said about not be being Why did they design a mechanism Mr. Counsel PHILBIN. It turned out pressured; we can tell you what they here where the President was locked that that statement was not truthful. actually thought. This is very relevant to know wheth- out and denied the ability to cross-ex- Around October 2 or 3, it was exposed er the assessments of evidence that he amine witnesses? It is because they that Manager SCHIFF’s staff, at least, presented in the past are accurate. We weren’t really interested in getting at had spoken with the whistleblower be- would submit they have not been, and the facts and the truth. They had a fore the whistleblower filed the com- that that is relevant for your consider- timetable to meet. They wanted to plaint and potentially had given some have impeachment done by Christmas, ation. guidance of some sort to the whistle- With that, I yield to my colleague, and that is what they were striving to blower, and after that point, it became Mr. Cipollone. do. critical to shut down any inquiry into Mr. Counsel CIPOLLONE. Mr. Chief Now, as a slight shift in gears, I want the whistleblower. Justice, Members of the Senate, I have to touch on one last point before I During the House hearings, of course, good news: just a few more minutes yield to one of my colleagues, and that Manager SCHIFF was in charge. He was from us today. But I want to point out relates to the whistleblower—the whis- chairing the hearings. That creates a a couple of points. tleblower, whom we haven’t heard that real problem from a due-process per- No. 1, just to follow up on what Mr. much about—who started all of this. spective and from a search-for-the Philbin just told you, do you know who We know from a letter that the inspec- truth perspective because he was an in- else didn’t show up in the Judiciary tor general of the intelligence commu- terested fact witness at that point. He Committee to answer questions about nity sent that he thought the whistle- had a reason—since he had been caught his report in the way Ken Starr did in blower had political bias. We don’t out saying something that wasn’t the Clinton impeachment? Ken Starr know exactly what the political bias truthful about that contact—to not was subjected to cross-examination by was because the inspector general tes- want that inquiry, and it was he who the President’s counsel. Do you know tified in the House committee in an ex- ensured that there wasn’t any inquiry who didn’t show up in the Judiciary ecutive session, and that transcript is into that. Committee? Chairman SCHIFF. He did still secret. It wasn’t transmitted up to I think this is relevant here because, not show up. He did not give Chairman the House Judiciary Committee. We as you have heard from my colleagues, NADLER the respect of appearing before haven’t seen it. We don’t know what is a lot of what we have heard over the his committee and answering questions in it. We don’t know what he was asked past 23 hours, over the past 3 days, has from his committee. He did send staff, and what he revealed about the whis- been from Chairman SCHIFF. He has but why didn’t he show up? That is an- tleblower. been telling you things like what is in other good question you should think Now, you would think that before President Trump’s head and what is in about. going forward with an impeachment President Zelensky’s head. It is all his They have come here today, and they proceeding against the President of the interpretation of the facts and the evi- basically said: Let’s cancel an election United States, that you would want to dence, trying to pull inferences out of over a meeting with Ukraine. And, as find out something about the com- things. my colleagues have shown, they failed plaint that had started this, because There is another statement that to give you key facts about a meeting motivations, bias, reasons for wanting Chairman SCHIFF made that I think we and lots of other evidence that they to bring this complaint could be rel- have on video. produced themselves. evant. But there wasn’t any inquiry (Text of Videotape presentation:) Let’s talk about the meeting. They into that. Mr. TODD. But you admit all you have said it was all about an invitation to a Recent reports, public reports sug- right now is a circumstantial case? meeting. If you look at the first tran- gest that, potentially, the whistle- Mr. SCHIFF. Actually, no, Chuck. I can script—at the first transcript—the blower was an intelligence community tell you that the case is more than that. And President said to President Zelensky: I can’t go into the particulars, but there is staffer who worked with then-Vice When you’re settled and you’re ready, I’d more than circumstantial evidence now. So, President Biden on Ukraine matters, like to invite you to the White House. We’ll again, I think— which, if true, would suggest an even have a lot of things to talk about, but we are Mr. TODD. So you have seen direct evi- with you all the way. greater reason for wanting to know dence of collusion? about potential bias or motive for the Mr. SCHIFF. I don’t want to go into spe- President Zelensky said: whistleblower. cifics, but I will say that there is evidence Well, thank you for the invitation. We ac- At first, when things started, it that is not circumstantial and is very much cept the invitation, and look forward to the seemed like everyone agreed that we worthy of investigation. visit. Thank you again.

VerDate Sep 11 2014 23:42 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G25JA6.015 S25JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S578 CONGRESSIONAL RECORD — SENATE January 25, 2020 Then, President Zelensky got a letter for him to stay here to help deal with think about that. Impeachment on May 29 inviting him, again, to come the hurricane. So the Vice President shouldn’t be a shell game. They should to the White House. Then, going back went. give you the facts. to the transcript of the July 25 call— Why didn’t they tell you that? Why That is all we have for today. We ask again, a part of the call that they didn’t they tell you that President you, out of respect, to think about it. didn’t talk to you about—President Zelensky suggested: Hey, how about we Think about whether what you have Trump said: meet in Poland? heard would really suggest to anybody Whenever you would like to come to the Why didn’t they tell you that that anything other than it would be a com- White House, feel free to call. Give us a date, meeting was scheduled and had to be pletely irresponsible abuse of power to and we’ll work that out. I look forward to canceled for a hurricane. Why? That do what they are asking you to do—to seeing you. was our first question that we asked stop an election, to interfere in an elec- President Zelensky replied: you. You heard a lot of facts that they tion, and then to remove the President Thank you very much. I would be very didn’t tell you—facts that are critical, of the United States from the ballot. happy to come and would be happy to meet facts that they know completely col- Let the people decide for themselves. with you personally and get to know you lapse their case on the facts. That is what the Founders wanted. better. I am looking forward to our meeting Now, you heard a lot from them: You That is what we should all want. and I also would like to invite you to visit are not going to hear facts from the With that, I thank you for your at- Ukraine and come to the city of Kyiv which President’s lawyers. They are not is a beautiful city. We have a beautiful coun- tention, and I look forward to seeing going to talk to you about the facts. you on Monday. try which would welcome you. That is all we have done today. Ask The CHIEF JUSTICE. The majority Then he said: yourself—ask yourself: Given the facts leader is recognized. On the other hand, I believe that on Sep- you have heard today that they didn’t tember 1 we will be in Poland and we can tell you, who doesn’t want to talk f meet in Poland hopefully. about the facts? Who doesn’t want to Now, they didn’t read to you that talk about the facts? part of the transcript, and they didn’t The American people paid a lot of ADJOURNMENT UNTIL MONDAY, tell you what happened. A meeting in money for those facts. They paid a lot JANUARY 27, 2020, AT 1 P.M. Poland was scheduled. President of money for this investigation. And Mr. MCCONNELL. Mr. Chief Justice, Trump was scheduled to go to Poland. they didn’t bother to tell you. Ask I ask unanimous consent that the trial He was scheduled to meet with Presi- yourself why. If they don’t want to be adjourn until 1 p.m., Monday, January dent Zelensky. fair to the President, at least out of re- 27, and that this order also constitute What happened? President Trump spect for all of you, they should be fair the adjournment of the Senate. couldn’t go to Poland. Why? Because to you. They should tell you these There being no objection, the Senate, there was a hurricane in the United things. And when they don’t tell you at 12:01 p.m., adjourned until Monday, States. He thought it would be better these things, it means something. So January 27, 2020, at 1 p.m.

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