S498 — SENATE January 23, 2020 If there were any doubt about how don’t want to lose a single more vote under his control. There may be an ef- President Putin feels about the Presi- than necessary. But those polls do fort to say: OK, the human hand gre- dent’s conduct, you need only look to show the powerful motive that Donald nade, , it is all his fault. Putin’s own words. His statement on Trump had—a motive that he didn’t He has the President in his grip. November 20 tells it all. He said: have the year before or the year before And even though the U.S. intel- Thank God nobody is accusing us anymore that; a motive that he didn’t have ligence agencies and the bipartisan of interfering in U.S. elections. Now they’re when he allowed the aid to go to Senate Intelligence Committee and ev- accusing . Ukraine without complaint or issue in eryone else told the President time That is a short quotation from Putin, 2017 or 2018. It was only when he had a after time that this is nonsense, that but it speaks volumes. Even though growing concern with ’s can- the Russians interfered, not the President Trump knew there was no didacy that he took a sudden interest Ukrainians, he just couldn’t shake factual basis for the theory that it was in Ukraine and Ukraine funding and himself of what he was hearing from Ukraine that interfered in the 2016 the withholding of that aid. Rudy Giuliani. You can say a lot of election rather than and knew I also want to underscore what the things about President Trump, but he that Russia was perpetuating this the- President said in that July 25 call. My is not led by the nose by Rudy Giuliani. ory, he still wanted President Zelensky colleague showed you that transcript And if he is willing to listen to his per- to pursue the investigation. Why? Be- from July 25 where the President says: sonal lawyer over his own intelligence cause, while Putin and Russia clearly ‘‘I would like you to find out what hap- agencies, his own advisers, then you stood to gain by promoting this con- pened with this whole situation with can imagine what a danger that pre- spiracy theory about Ukraine, so did Ukraine, they say CrowdStrike.’’ My sents to this country. . He knew it would be po- colleagues have explained what that My colleague also played for you that litically helpful to his 2020 election. theory is about that server, that interview with Director Wray. And, An announcement of an investigation CrowdStrike server—the crazy theory again, I was just struck anew by that by Ukraine would have breathed new that it was Ukraine that hacked the interview. In that interview, Director life into a debunked conspiracy theory Democratic server and that server was Wray says: ‘‘We have no information that indicates that Ukraine interfered that Ukrainian election interference whisked away to Ukraine and hidden with the 2016 presidential election.’’ was there in 2016, and it lent it great there so that the investigators and the That is Donald Trump’s Director of the credibility. It would have cast doubt on FBI couldn’t look at this server. That FBI: ‘‘We have no information that in- the conclusions of the Intelligence is what Donald Trump was raising in dicates that Ukraine interfered with Committee and Special Counsel that conversation with President the 2016 election’’—none, as in zero. Mueller that Russia interfered in the Zelensky. I bring up this point again because The reporter then says: When you see 2016 election to help President Trump. politicians pushing this notion, are you And it would have helped eliminate a you may hear from my colleagues, the President’s lawyers, as we heard during concerned about that in terms of the perceived threat to the legitimacy of impact on the American public? Donald Trump’s Presidency, that he the testimony in the House, that the concern was over Ukrainian inter- And the Director says: ‘‘Well, look, was only elected because of the help he there’s all kinds of people saying all ference in the election, and why isn’t it received from President Putin. kinds of things out there.’’ possible that both Russia and Ukraine I now yield to Mr. SCHIFF. Well, yes, there are, but this person Mr. MCCONNELL. Mr. Chief Justice. interfered in the election? Never mind is the President of the . The CHIEF JUSTICE. The majority that is contrary to all the evidence. When he says ‘‘there are all kinds of leader is recognized. But it is important to point out here people out there saying all kinds of f that we are not talking about generic things,’’ well, what he is really saying interference. We are not talking about, is the President of the United States. RECESS SUBJECT TO CALL OF THE as we heard from some of my col- CHAIR It is one thing if someone off the leagues in the House, a tweet from a streets says it, but when it is coming Mr. MCCONNELL. Mr. Chief Justice, Ukrainian here or an op-ed written by from the President of the United I am going to recommend that we take somebody there and equating it with States, you can see what a danger it is a 15-minute break at this point. the kind of systematic interference of if it is patently false and it is promul- The CHIEF JUSTICE. Without objec- the Russians. What we are talking gated by the Russians. tion, it is so ordered. about here—what the President is talk- And, again, the reporter says: We There being no objection, at 2:57 p.m. ing about here is a very specific con- heard from the President, himself, he the Senate, sitting as a Court of Im- spiracy theory going to the server wanted the CrowdStrike portion of this peachment, recessed until 3:25 p.m.; itself, meaning that it was Ukraine whole conspiracy investigated, and I whereupon the Senate reassembled that hacked the Democratic server, not am hearing you say there is no evi- when called to order by the CHIEF JUS- the Russians. This theory was brought dence to support this. TICE. to you by the Kremlin, OK? So we are And Wray says: ‘‘As I said, we at the The CHIEF JUSTICE. Mr. Manager not talking about generic interference. FBI have no information that would in- SCHIFF. We are talking about the server. We dicate that Ukraine tried to interfere Mr. Manager SCHIFF. Senators, I am are talking about CrowdStrike. At in the 2016 presidential election’’— going to pick up where my colleague least, that is what Donald Trump want- none. from Texas left off, but I want to begin ed to investigate or announced—this And so you can imagine the view by underscoring a few of the points completely bogus, Kremlin-pushed con- from the Kremlin of all of this. You that she made, in listening to her pres- spiracy theory. can imagine Putin in the Kremlin with entation, that really leapt out at me in I was also struck by that video you his aides, and one of his aides comes a way they hadn’t leapt out at me be- saw of Tom Bossert, the former home- into the office and says: Vladimir, you fore. land security adviser for the President, are never going to believe this. The First, I want to address—my col- in which he talked about how com- President of the United States is push- league shared a number of slides show- pletely debunked and crazy this con- ing our CrowdStrike theory. ing the polling strength of Joe Biden spiracy theory is. And then there was I mean, you can almost imagine the vis-a-vis the President as a demonstra- that rather glib line that he admitted incredulity of Vladimir Putin: You are tion of his motive, the fact that he was glib, but nonetheless made a point, kidding; right? You mean he really be- went over these political investiga- about the three or five ways to im- lieves this? His own people don’t be- tions to undermine someone he was peach oneself, and the third way was to lieve this. Nobody believes this. deeply concerned about. hire Rudy Giuliani. It would be bad enough, of course, This is an appropriate point for me to Now, it struck me in watching that that the President of the United States make the disclaimer that the House clip, again, that it is important to em- believes this Russian propaganda managers take no position in the phasize that Rudy Giuliani is not some against the advice of all of his advis- Democratic primary for President. I Svengali here who has the President ers—common sense—and everything

VerDate Sep 11 2014 00:00 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.017 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 23, 2020 CONGRESSIONAL RECORD — SENATE S499 else, but it is worse than that. It is Second, the President’s only interest Ambassador SONDLAND. Announced pub- worse than that. On the basis of this in Ukraine was the ‘‘Big Stuff’’ that lically. Russian propaganda, he withheld $400 mattered to himself, not issues affect- Mr. Manager SCHIFF. The other evi- million in military aid to a nation Rus- ing Ukraine or the United States. dence gathered by the House’s inves- sia was fighting, our ally. I mean, when Third, the President tasked his per- tigation confirms Ambassador we ask about what is the national secu- sonal lawyer, Rudy Giuliani, to pursue Sondland’s understanding. For exam- rity implication of what the President these investigations on his behalf, not ple, recently, the House received docu- did, how much more clear can it be government officials. ments from , an associate of that he is not only pushing Russian Fourth, both before and after the Rudy Giuliani’s, now indicted, in re- propaganda, he is not only misleading July 25 call, the investigations were sponse to a subpoena. As you know, Americans about who interfered in the never part of U.S. official foreign pol- Lev Parnas was indicted by the South- last election, that he is not only doing icy. NSC officials, too, make clear that ern District of New York for crimes, in- the Kremlin a favor, but that he is this was not about foreign policy. cluding election law violations. As part withholding aid from a nation at war. Other witnesses confirmed the inves- of the documents that Parnas turned The Russians not only got him to de- tigations, in fact, diverged from U.S. over, we obtained handwritten notes flect blame from their interference in official policy. that Parnas apparently took some time our democracy, but they got him to Fifth, the investigations were under- in 2019. One of those notes lays out the withhold military aid. taken outside of normal channels. scheme very clearly and succinctly. Now, of course, there was this con- Sixth, Ukrainian officials understood Now, it is not every day that you get vergence of interest between the Krem- that the investigations were purely po- a document like this—what appears to lin and the President. The President litical in nature. be a member of the conspiracy writing wasn’t pushing Kremlin talking points Seventh, multiple administration of- down the object of the conspiracy, but just to do Vladimir Putin a favor. He ficials reported the President’s July 25 that is exactly what we see here. We was doing it because it helped him, be- call. see the scheme that ultimately was di- cause it helped him and because it Eighth, the buried the rected by President Trump to coerce could get these talking points for him call. Ukraine to announce the investigation in his reelection campaign. And for Ninth, President Trump confirmed he of the Bidens. I repeat: to announce the that, he would sacrifice our ally and wanted Ukraine to conduct investiga- investigation—not investigate, not our own security. tions in his own words. conduct. The only thing that mattered But nothing struck me more from And, finally, President Trump did was the public announcement, as this Representative GARCIA’s presentation not care about anti-corruption efforts note says with an asterisk: ‘‘Get than that quote from Vladimir Putin in Ukraine. Zelensky to Announce that the Biden from November of this past year, just a Let’s go through these one by one. case will Be Investigated.’’ couple of months ago. Putin said: First, perhaps the simplest way that And in early September, after Mr. Thank God nobody is accusing us anymore we all know that President Trump Giuliani and Ambassadors Volker and of interfering in U.S. elections. Now they’re wanted these investigations done sole- Sondland had tried but failed to get accusing Ukraine. ly to help his personal political inter- President Zelensky to issue a public ‘‘Thank God,’’ Putin says. Well, you ests and not the national interest is statement, President Trump made this have to give Donald Trump credit for that he merely wanted a public an- clear himself. He explained to Ambas- this. He has made a religious man out nouncement of the investigations, not sador Bolton that he wanted Zelensky of Vladimir Putin, but I don’t think we an assurance that they would actually in a ‘‘public box’’; that is, President really want Vladimir Putin, our adver- be done. If his desire for these inves- Trump would only be satisfied if Presi- sary, to be thanking God for the Presi- tigations was truly to assist Ukraine’s dent Zelensky made a public announce- dent of the United States, because they anti-corruption efforts or because he ment of the investigations, which he don’t wish us well. They don’t wish us was worried about the larger issues of subsequently agreed to do on CNN. well. They are a wounded animal. They , someone actu- Here is Ambassador Taylor’s testi- are a declining power. But like any ally investigating the facts underlying mony on this: wounded animal, they are a dangerous the investigations would have been (Text of Videotape presentation:) animal. Their world view is completely most important. But he didn’t care Mr. GOLDMAN. And so, even though Presi- antithetical to ours. We do not want about the facts or the issues. He just dent Trump was saying repeatedly that there them thanking God for our President wanted the political benefit of the pub- is no quid pro quo, Ambassador Sondland re- and what he is pushing out. We don’t lic announcement of an investigation layed to you that the facts of the matter want them thanking God for with- that he could use to damage his polit- were that the White House meeting and the holding money from our ally, although ical opponent and boost his own polit- security assistance were conditioned on the we can understand why they may. To ical standing. announcement of these investigations. Is me, that is what stuck out from that Ambassador , who that your understanding? Ambassador TAYLOR. That’s my under- presentation. was at the center of this scheme, made standing. Now, in the first part of this presen- this quite clear in his testimony. Mr. GOLDMAN. Now, you referenced a tel- tation, we walked through the corrupt (Text of Videotape presentation:) evision interview and a desire for President object of President Trump’s scheme— GOLDMAN. Now, for Mr. Giuliani, by this Trump to put Zelensky in a public box, getting Ukraine to announce these two point, you understood that in order to get which you also have in quotes. Was that in political investigations that would help that White House meeting that you wanted your notes? benefit his reelection campaign. And President Zelensky to have and that Presi- Ambassador TAYLOR. It was in my notes. just looking at how baseless and fab- dent Zelensky desperately wanted to have Mr. GOLDMAN. And what did you under- stand that to mean, to put Zelensky in a ricated the allegations behind him that Ukraine would have to initiate these two investigations. Is that right? public box? were made plain his corrupt motive. Ambassador SONDLAND. Well, they would Ambassador TAYLOR. I understood that to But in addition to this overwhelming have to announce that they were going to do mean that President Trump, through Ambas- evidence, there are at least 10 other it. sador Sondland, was asking for President reasons we know that President Trump GOLDMAN. Right. Because Giuliani and Zelensky to very publicly commit to these directed his scheme with corrupt in- President Trump didn’t actually care if they investigations, that it was not sufficient to tent. There are at least 10 other rea- did them, right? do this in private, that this needed to be a sons we know that President Trump Ambassador SONDLAND. I never heard, very public statement. was interested in his own personal gain Mr. Goldman, anyone say that the investiga- The fact that the President only tions had to start or had to be completed. wanted a public announcement and not and not the national interest in press- The only thing I heard from Mr. Giuliani, or ing for these investigations. otherwise, was that they had to be an- the investigations to actually be con- First, the President only wanted nounced in some form and that form kept ducted demonstrates that his desire for these investigations to be announced changing. investigations was simply and solely to publicly, not even conducted. GOLDMAN. Announced publicly? boost his reelection efforts.

VerDate Sep 11 2014 00:00 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.019 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S500 CONGRESSIONAL RECORD — SENATE January 23, 2020 No. 2, turning to the second reason, Mr. Manager SCHIFF. This under- protect and defend U.S. national secu- President Trump’s agents who helped standing by Ambassador Sondland is rity and combat terrorism. to carry out this scheme confirmed independently confirmed by President President Obama used his calls with that his desire for Ukraine to announce Trump’s own interactions with foreign leaders to contain the fallout the investigations was solely for his Ukraine. from the global economic crisis, assem- personal political benefit. During his two telephone calls with ble an international coalition to fight As we will explain in more detail in a President Zelensky—first on April 21 the Islamic State, and, of course, to few minutes, President Trump never and then on July 25—President Trump rally support for Ukraine following expressed any interest in U.S. anti-cor- did not refer to any anti-corruption ef- Russia’s invasion of . ruption policy toward Ukraine, nor did forts or the war against Russia. He No matter what you think of the pol- he care about Ukraine’s war against never even uttered the word ‘‘corrup- icy views or priorities of these prior Russia. He only expressed interest in tion.’’ Instead, he only spoke about in- Presidents, there is no question that one thing: investigating his political vestigating his political opponents. they are examples of the normal diplo- opponent. This was unequivocally con- He later confirmed this narrow and macy that happens during Presidential firmed by the testimony of David singular focus to the press. On October telephone calls, and there is no doubt, Holmes, the senior official at the U.S. 3, when asked about the Ukraine when you are the President of the Embassy in . The day after the scheme, he said: ‘‘Well, I would think if United States and you call a foreign July 25 call, Holmes overheard a con- they were honest about it, they would leader, that you are on the clock for versation between President Trump start a major investigation into the the American people. Consistent with and Ambassador Sondland, who was in Bidens. It’s a very simple answer.’’ the faithful execution of his or her Kyiv. The only topic they discussed re- Here is that conference: oath of office, a President’s first and lated to Ukraine was as to the inves- (Text of Videotape presentation:) only objective is to get foreign leaders to do what is in the best interest of the tigations. REPORTER. What exactly did you hope Here is his testimony: United States. Zelensky would do about the Bidens after That is not what happened on July (Text of Videotape presentation:) your phone call? The PRESIDENT. Well, I would think that, 25. On that date, President Trump used Mr. HOLMES. Ambassador Sondland a head-of-state call with the leader of placed a call on his mobile phone, and I if they were honest about it, they’d start a heard him announce himself several times major investigation into the Bidens. It’s a Ukraine to help himself—to press a for- along the lines of ‘‘Gordon Sondland, holding very simple answer. eign leader to investigate the Presi- for the President.’’ It appeared that he was Mr. Manager SCHIFF. So we know dent’s political opponent in order to being transferred through several layers of from witnesses, the President’s per- help his reelection campaign. President switchboards and assistants, and I then no- sonal agents, and, most importantly, Trump abused his authority as Com- ticed Ambassador Sondland’s demeanor the President himself that the only mander in Chief and Chief Diplomat to changed and understood he had been con- benefit himself, and he betrayed the in- nected to President Trump. While Ambas- thing President Trump cared about with Ukraine was his investigations in terests of the American people when he sador Sondland’s phone was not on did so. speakerphone, I could hear the President’s order to benefit himself. voice through the ear piece of the phone. To see this even more starkly, it is Let’s go to the third reason that we The President’s voice was loud and rec- helpful to remember what Presidential know the President put his interests ognizable, and Ambassador Sondland held head-of-state calls are normally used first. The third reason you know that the the phone away from his ear for a period of for. investigations were politically moti- time, presumably because of the loud vol- Talk to any former occupant of the ume. I heard Ambassador Sondland greet the vated is the central role played by Oval Office, and he will tell you that President and explained he was calling from President Trump’s personal attorney, the disparity in power between the Kyiv. I heard President Trump then clarify Mr. Giuliani, who has never had an of- President of the United States and that Ambassador Sondland was in Ukraine. ficial role in this government but, in- Ambassador Sondland replied, yes, he was in other heads of state is vast. Since stead, was at all times representing the Ukraine, and went on to state that President World War II—and consistent with the Zelensky ‘‘loves your ass.’’ I then heard President in his personal capacity. requirement to ‘‘faithfully execute’’ There is no dispute about this. President Trump ask, ‘‘So he’s going to do their oaths of office—U.S. Presidents the investigation?’’ For example, Mr. Giuliani made this Ambassador Sondland replied that ‘‘he’s from both political parties have made point clearly in his May 10 letter to the going to do it,’’ adding that President good use of this disparity in power in himself, where he Zelensky will do ‘‘anything you ask him to their telephone calls with foreign lead- wrote: do.’’ ers. They have used those calls to se- Dear President-Elect Zelensky, I am pri- Mr. Manager SCHIFF. After the call, cure commitments that have bolstered vate counsel to President Donald J. Trump. Ambassador Sondland confirmed to American security and prosperity. Just to be precise, I represent him as a pri- Holmes that the investigations were Acting as our chief diplomat, Presi- vate citizen, not as President of the United the President’s sole interest with dent Reagan used his calls to our Euro- States. This is quite common under Amer- ican law because the duties and privileges of Ukraine because—and this is very im- pean allies, like Prime Minister Mar- garet Thatcher, to rally the world a President and a private citizen are not the portant—they benefit the President. same. Separate representation is the usual (Text of Videotape presentation:) against the Soviet threat—the shining process. city on standing up to the evil Mr. HOLMES. After the call ended, Ambas- Mr. Giuliani also repeated this pub- empire. His calls laid the foundation sador Sondland remarked that the President licly. For example, he confirmed this for landmark nonproliferation agree- was in a bad mood, as Ambassador Sondland point on May 9, in the New York stated was often the case early in the morn- ments that averted nuclear Armaged- Times, when he said—well, many ing. I then took the opportunity to ask Am- don. things—‘‘We’re not meddling in an bassador Sondland for his candid impression It was during a phone call on Christ- election, we’re meddling in an inves- of the President’s views on Ukraine. In par- mas Day in 1991 that President George ticular, I asked Ambassador Sondland if it tigation, which we have a right to do.’’ was true that the President did not give a H. W. Bush learned that Mikhail ‘‘There is nothing illegal about it,’’ [expletive] about Ukraine. Ambassador Gorbachev intended to resign as Soviet he said. ‘‘Somebody could say it’s im- Sondland agreed that the President did not Premier, marking the end of the Soviet proper. And this isn’t foreign policy.’’ give a [expletive] about Ukraine. Union. Historians credit his deft diplo- He went on to say, referring to the I asked, ‘‘Why Not?’’ Ambassador Sondland macy, including numerous one-on-one President: ‘‘He basically knows what stated the President only cares about ‘‘big phone calls, for bringing about a peace- I’m doing, sure, as his lawyer.’’ stuff.’’ I noted there was big stuff going on in ful end to the Cold War. ‘‘My only client is the president of Ukraine, like a war with Russia. Ambassador Following September 11, President Sondland replied that he meant big stuff the United States,’’ he said. ‘‘He’s the that benefits the President, like the Biden George W. Bush used his calls with one I have an obligation to report to, investigation that Mr. Giuliani was pushing. heads of state to rally global support tell him what happened.’’ The conversation then moved on to other for the U.S. campaign to defeat al- Think about that. The President is topics. Qaida and to work with our allies to using his personal lawyer to ask

VerDate Sep 11 2014 00:00 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.021 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 23, 2020 CONGRESSIONAL RECORD — SENATE S501 Ukraine for investigations that aren’t through Ambassador Bolton that we were to Nearly 70 percent of Ukraine’s terri- ‘‘foreign policy’’ but that will be very, be focused on these issues as a matter of U.S. tory—I am sorry. Nearly 7 percent of very helpful to the President person- foreign policy towards Ukraine. So when we Ukraine’s territory had been annexed are talking about Ukraine in 2016, I never ally. It is not often you get it so personally heard the President say anything by Russian-backed forces. More than graphically as we do here. specific about 2016 and Ukraine. I’ve seen 15,000 troops have been lost in the hot Let’s go to the fourth reason that him say plenty of things publicly, but I was war over the past 5 years. these investigations were never part of not given a directive. In fact, I was given a But when President Zelensky raised U.S. policy. directive by Ambassador Bolton on July 10 the issue of U.S. military aid needed to It was not just that President Trump very clearly to stay out of domestic politics. confront Russian aggression, President used his personal lawyer; it was also Mr. Manager SCHIFF. So, to be clear, Trump did nothing to reassure the that what he was asking for was never when President Trump asked for these Ukrainian leader of our steadfast sup- a part of U.S. policy. Witnesses told us investigations, he was not asking for port for Ukraine’s sovereignty. Instead, that President Trump’s investigations them based on an official U.S. policy. he made personal demands. were not in his official, prepared talk- His top official advisers had not even It is for these reasons that President ing points or briefing materials. To the been told about these investigations. Trump’s investigations went against contrary, they went against official To the contrary, they were told to stay official U.S. policy. Witnesses con- policy and diverged from our national out of U.S. politics. firmed that President Trump’s requests security interests. And it gets worse. It was not just actually diverged not just from our All three witnesses—Tim Morrison at that President Trump ignored official policy but from our own national secu- the National Security Council, LTC U.S. policy and the talking points he rity. Alex Vindman at the National Security was given; it was that what he was As Dr. Hill testified, Ambassador Council, and , who doing—withholding support from Sondland, in carrying out President listened to the July 25 call—testified Ukraine—was actually contrary to and Trump’s scheme, ‘‘was being involved that when President Trump demanded harmful to U.S. policy. in a domestic political errand, and we that President Zelensky investigate There is clear and undisputed bipar- were being involved in national secu- the Bidens, he had completely departed tisan support for Ukraine. Ukraine is rity policy, and those two things had from the talking points they had pre- our ally. What is more, they are at war just diverged.’’ pared for him. with our adversary, Russia. So our goal And as Ambassador Taylor elabo- Now, before I get to the video clip, I should be to help President Zelensky’s rated, ‘‘[O]ur holding up of security as- just want to underscore this: He is not anti-corruption reforms and to help sistance that would go to a country obligated to use his talking points, and Ukraine fight its adversary, Russia, in that is fighting aggression from Rus- he is not obligated to follow the rec- any way that we can. sia, for no good policy reason, no good President Trump’s own national de- ommendations of his staff no matter substantive reason, no good national fense strategy stated that the United how sound they may be. What this security reason, is wrong.’’ States and its European allies ‘‘will makes clear is that it was not U.S. pol- As these officials so correctly ob- deter Russian adventurism’’—a clear icy that he was conducting; it was his served, there is no question that Presi- reference to Russia’s usurpation of private, personal interests that he was dent Trump’s political errand and our Ukrainian territory and sovereignty. conducting. If it were U.S. policy, it national security diverged; that he did Consistent with that strategy, we cur- probably would have been in the talk- this to advance his reelection, not to rently have approximately 68,000 troops ing points and briefing materials, but, advance U.S. national security goals, stationed in Europe. Roughly 10,000 of of course, it was not. and that he did it for no good reason those U.S. troops are deployed on Let’s look at Mr. Morrison’s testi- but the political one. NATO’s eastern border with Russia, to mony on this point. But it is more than that. It is more countries like , Hungary, Lith- (Text of Videotape presentation:) than our national security policy. We, uania, and Bulgaria. These American as a country, are meant to embody the GOLDMAN. Now, Mr. Morrison, were— forces are literally holding the line these references to CrowdStrike, the server solution to corruption. Our country is and 2016 election, and to Vice President against another land grab by Vladimir based on promoting the rule of law. Biden and son, were they included in the Putin. And here, what the President did at- The author of that strategy, former President’s talking points? tacks another of the U.S. strengths, U.S. National Security Advisor LTG Mr. MORRISON. They were not. that of our ideals and our values. Mr. Manager SCHIFF. Here is Lieu- H.R. McMaster, issued this stark warn- Part of that is ensuring the integrity tenant Colonel Vindman on this point: ing about Russia’s aggression: of our democracy and our political in- (Text of Videotape presentation:) [F]or too long, some nations have looked stitutions. It is a fundamental Amer- the other way in the face of these threats. Ms. SPEIER. Colonel Vindman, you are the Russia brazenly and implausibly denies its ican value underlying our democracy National Security Council’s director for actions and we have failed to impose suffi- that we do not use official powers to Ukraine. Did you participate in preparing cient costs. The Kremlin’s confidence is ask for investigations of our political the talking points for the President’s call? growing as its agents conduct their sus- opponents to gain a political advan- VINDMAN. I did. I prepared them. tained campaigns to undermine our con- tage. Ms. SPEIER. So you prepared them. They fidence in ourselves and in one another. were then reviewed and edited by multiple When President Trump asked a for- senior officers at the NSC and the White What General McMaster says obvi- eign leader to investigate his political House. Is that correct? ously makes sense. Russia’s confidence, opponent, he abused the broad author- VINDMAN. That is correct. sadly, is growing. We need to stand up ity provided to the President of the Ms. SPEIER. Did the talking points for the to them, and that is why we support United States. president contain any discussion of inves- Ukraine, to help defeat Russian aggres- Witness testimony again confirms tigations into the 2016 election, the Bidens or sion. this. Vice President PENCE’s adviser, ? So, on July 25, when President Jennifer Williams, was concerned by VINDMAN. They did not. Ms. SPEIER. Are you aware of any written Zelensky spoke with President Trump, the President’s focus on domestic polit- product from the National Security Council that is what he, McMaster, was hoping ical issues rather than U.S. national suggesting that investigations into the 2016 to discuss—or he would be hoping that security because the President is not election, the Bidens, or Burisma are part of he would discuss how we can support supposed to use foreign governments the official policy of the United States? Ukraine in its fight against a huge ad- for political errands. VINDMAN. No, I’m not. versary. She characterized the call as ‘‘a do- Mr. Manager SCHIFF. Dr. Hill also Our confidence in one another; that mestic political matter.’’ Here is her elaborated on this point. is what President Zelensky was most testimony: (Text of Videotape presentation:) worried about when he got on the line (Text of Videotape presentation:) Dr. HILL. My point, Mr. NUNES, is that we with the President on July 25, whether Jennifer WILLIAMS. During my closed- at the National Security Council were not Ukraine could have confidence in U.S. door deposition, members of the committee told either by the President directly or support. asked about my personal views, and whether

VerDate Sep 11 2014 00:00 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.022 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S502 CONGRESSIONAL RECORD — SENATE January 23, 2020 I had any concerns about the July 25th call. President’s political investigations, of leased says this. This was from Sep- As I testified then, I found the July 25th course, had nothing to do with Amer- tember 25. phone call unusual because, in contrast to ican anticorruption efforts in Ukraine, (Text of Videotape presentation.) other Presidential calls I had observed, it in- which has consistently focused on The President has not spoken with the At- volved discussion of what appeared to be a torney General about having Ukraine inves- domestic political matter. building institutions and never specific investigations, and that if we do ask tigate anything relating to former Vice Mr. Manager SCHIFF. Lieutenant countries to do our political errands, it President Biden or his son. The President has not asked the Attorney General to con- Colonel Vindman also thought the call entirely threatens our credibility as a was improper and unrelated to the tact Ukraine—on this or any other matter. democracy. The Attorney General has not communicated talking points he had drafted for the (Text of Videotape presentation:) President. with Ukraine—on this or any other subject. HECK. You also testified on October 15th, Nor has the Attorney General discussed this (Text of Videotape presentation:) in the deposition, about fundamental re- matter, or anything relating to Ukraine, Lt. Col. VINDMAN. It is improper for the forms necessary for Ukraine to fight corrup- with Rudy Giuliani. President of the United States to demand tion and to transform the country. And you Now, this is pretty extraordinary. that a foreign government investigate a U.S. cited the importance of reforming certain in- You can say a lot of things about the citizen, and a political opponent . . .—it was stitutions, notably the security service in also clear that if Ukraine pursued an inves- the Prosecutor General’s Office. Was inves- Attorney General, but you cannot say tigation into the 2016 elections, the Bidens tigating President Trump’s political oppo- that he ever has looked to pursue and Burisma, it would be interpreted as a nents a part of those necessary reforms? Was something he thought was not in the partisan play. This would undoubtedly result it on that list of yours, sir? Or, indeed, was President’s interest. in Ukraine using bipartisan support, under- it on any list? This is pretty extraordinary, where mining U.S. national security, and advanc- KENT. No, they weren’t. he is saying the moment this tran- ing Russia’s strategic objectives in the re- HECK. In fact, historically, is it not true script is publicly released: I have got gion. that a major problem in the Ukraine has nothing to do with this scheme. I don’t Mr. Manager SCHIFF. Lieutenant been its misuse of prosecutors precisely to conduct investigation of political opponents? know why they brought me up in this Colonel Vindman, as a reminder, is a That’s a legacy, I dare suggest, from the So- call. I don’t know why the President Purple Heart veteran and says what we viet era, when, as you stated in your testi- brought me up in this call. He hasn’t all know clearly: It is improper for the mony, prosecutors like the KGB were and I asked me to do anything about this. I President of the United States to de- quote you now ‘‘instruments of oppression.’’ want nothing to do with this business. mand a foreign government to inves- Is that correct? I suspect the Attorney General can tigate a U.S. citizen and a political op- KENT. I said that, and I believe it’s true. recognize a drug deal when he sees it, ponent. HECK. So, finally, Mr. Kent, for as long as I can remember, U.S. foreign policy has been too, and he wanted nothing to do with And it wasn’t just that Colonel predicated on advancing principled interests this. Vindman thought it was wrong; he was in democratic values—notably, freedom of Now, if this were some legitimate in- so concerned that he warned Ukraine, speech, press, assembly, religion; free, fair, vestigation, you would think the De- too, not to get involved in our domes- and open elections; and the rule of law. Mr. partment of Justice would have a role. tic politics. Kent, when American leaders ask foreign That is traditionally how an investiga- In May, Lieutenant Colonel Vindman governments to investigate their potential tion with an international component grew concerned by the pressure cam- rivals, doesn’t that make it harder for us to would work, but this wasn’t the case. paign he witnessed in the media, waged advocate on behalf of those democratic val- This wasn’t the case. And the Attorney ues? primarily by Rudy Giuliani. During a KENT. I believe it makes it more difficult General wanted nothing to do with it. meeting with President Zelensky on for our diplomatic representatives overseas If these were legitimate investiga- May 20, Lieutenant Colonel Vindman to carry out those policy goals, yes. tions that were in the national inter- warned the Ukrainian leader to stay HECK. How is that, sir? est, why was Bill Barr’s Justice De- out of U.S. politics—because that is KENT. Well, there’s an issue of credibility. partment so quick to divorce them- our official U.S. policy. They hear diplomats on the ground saying selves from it? one thing, and they hear other U.S. leaders The simple answer is that, as we see (Text of Videotape presentation:) saying something else. so clearly, they were against U.S. offi- Lieutenant Colonel VINDMAN. During a Mr. Manager SCHIFF. The bottom bilateral meeting in which the whole delega- cial policy and our national security. tion was meeting with President Zelensky line is this: What was in the best inter- The Justice Department wanted noth- and his team, I offered two pieces of advice: est of our country was to help Ukraine, ing to do with it, and by asking for To be particularly cautious with regards to to give them the military aid, to fight these investigations, the President was Ukraine—to be particularly cautious with one of our greatest adversaries, and to abusing his power. regards to Russia, and its desire to provoke help promote the rule of law. And what Let’s go to the sixth reason you know Ukraine; and the second one was to stay out was in President Trump’s personal in- President Trump put himself first. It of U.S. domestic policy. terest was the opposite: to pressure The CHAIRMAN. Do you mean politics? wasn’t just that these witnesses told Lieutenant Colonel VINDMAN. Politics, Ukraine to conduct investigations us—what these witnesses told us in the correct. against his 2020 rival to help ensure his impeachment hearings about this being The CHAIRMAN. And why did you feel it reelection. And when what is best for wrong. They reported the President’s was necessary to advise President Zelensky the country and what was best for Don- conduct in realtime. So it is not just to stay away from U.S. domestic politics? ald Trump diverged, President Trump that they came forward later; they Lieutenant Colonel VINDMAN. Chairman, put himself above the best interests of in the March and April timeframe, it became came forward in realtime to report the our country. President’s conduct. clear that there were—there were actors in Let’s now go to the fifth reason that the U.S., public actors, nongovernmental ac- Of course, you have seen over the last tors that were promoting the idea of inves- we know the President put himself couple days how many times people are tigations and 2016 Ukrainian interference. first. told: Go talk to the lawyers. And it was consistent with U.S. policy to A fifth reason is that the request for Well, Tim Morrison, former Repub- advise any country, all the countries in my these investigations departed not just lican staffer, and Colonel Vindman portfolio, any country in the world, to not from U.S. policy but from established were sufficiently concerned by what participate in U.S. domestic politics. So I U.S. Government channels. they heard President Trump solicit on was passing the same advice consistent with On the July 25 call, President Trump U.S. policy. that July 25 call that they both imme- told President Zelensky that he should diately went to speak to the lawyer, Mr. Manager SCHIFF. He once again speak to Mr. Giuliani and Attorney , the NSC Legal Advi- makes this clear: ‘‘[I]t was consistent General Barr, but after the July 25 sor. Let’s take a look. with U.S. policy to advise any country, transcript was released, the Depart- (Text of Videotape presentation:) all the countries in my portfolio, any ment of Justice disclaimed any knowl- Mr. GOLDMAN. Now, Mr. Morrison, short- country in the world’’ we do not par- edge or involvement in the President’s ly after you heard the July 25th call, you tes- ticipate in U.S. domestic politics. political investigations. tified that you alerted the NSC legal advisor, Deputy Assistant Secretary of State The Department of Justice statement John Eisenberg, pretty much right away. Is George Kent, too, testified that the from the day the July 25 call was re- that right?

VerDate Sep 11 2014 04:24 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.024 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 23, 2020 CONGRESSIONAL RECORD — SENATE S503 Mr. MORRISON. Correct. litical investigations was improper, in- tary aid or it is in doubt or in question, Mr. GOLDMAN. And you indicated in your appropriate, and wrong, and again con- but the impression—that he is nothing opening statement, or at least from your firms that the requested investigations more than a pawn, you could see how deposition, that you went to Mr. Eisenberg were not about anything except Donald out of concern over the potential political problematic that was for President fallout if the call record became public and Trump’s political gains. Zelensky. In other words, Ukrainian of- not because you thought it was illegal. Is Let’s go to the seventh reason why ficials understood, just as our officials that right? you know President Trump put himself understood, just as all those folks you Mr. MORRISON. Correct. first. American officials weren’t the saw—Morrison, Vindman, Hill, and oth- Mr. GOLDMAN. But you would agree, only ones who recognized the political ers, all the people who had to go to the right, that asking a foreign government to nature of these requests. Ukrainian of- lawyers, all the people who listened to investigate a domestic political rival was in- ficials did, too. That brings us the sev- appropriate, would you not? that call and understood—that this was Mr. MORRISON. It is not what we rec- enth reason we know that this was just wrong. ommended the President discuss. against our national interests. Ukrain- Morrison goes on to say that he is no Mr. Manager SCHIFF. I think that is ian officials themselves expressed con- legal expert and can’t really opine on cern that these corrupt investigations a profound understatement. Mr. Morri- the legality of what happened on this would drag them into U.S. domestic son clearly recognized that the request call, but they all knew it was wrong. politics. to investigate Biden and Burisma was They also knew that it was damaging For example, in mid-July, Ambas- to bipartisan support. They knew it about U.S. domestic politics and not sador Taylor texted Sondland and Tay- was damaging to our national security. U.S. national security. Lieutenant lor and explained President Zelensky’s But here we see. It wasn’t just our peo- Colonel Vindman knew this, too, and reluctance to become a pawn in U.S. ple. It was the Ukrainians who also un- he reported his concerns to the White politics. Ambassador Taylor said: derstood this was a pure political er- House counsel. ‘‘Gordon, one thing Kurt and I talked rand they were being asked to perform. (Text of Videotape presentation:) about yesterday was Sasha Danyliuk’s Mr. GOLDMAN. Now, you said you also re- point’’—he is a top adviser to President That is no way to treat an ally at ported this incident to the NSC lawyers; is war. that right? Zelensky—‘‘Sasha Danyliuk’s point that President Zelensky is sensitive Now, it wasn’t just the testimony of Lt. Col. VINDMAN. Correct. U.S. officials on this. We know this di- Mr. GOLDMAN. What was their response? about Ukraine being taken seriously, Lt. Col. VINDMAN. John Eisenberg said not merely as an instrument in Wash- rectly from the Ukrainians. Indeed, we that he—he took notes while I was talking, ington domestic reelection politics.’’ know this directly from President and he said that he would look into it. So here you have Sasha Danyliuk, Zelensky himself, who said: ‘‘I am Mr. GOLDMAN. Why did you report this one of the top advisers to President sorry, but I don’t want to be involved meeting and this conversation to the NSC Zelensky affirming that his President to democratic, open elections—elec- lawyers? tions of the USA.’’ Lt. Col. VINDMAN. Because it was inap- wants to be taken seriously. It is pret- propriate. And, following the meeting, I had ty extraordinary when a foreign leader Here is Zelensky saying: ‘‘I don’t a short conversation—following the post- has to communicate to this country want to be involved.’’ He shouldn’t be meeting meeting, in the Ward Room. I had a that they want him to take him seri- involved. He shouldn’t be involved in short conversation with Ambassador—cor- ously and not just as some kind of a our elections. That is not his job, and rection—Dr. Hill. And we discussed the idea political pawn for political purposes. he knows that, and it is a tragic fact of needing to report this. An ally dependent on us for military that the world’s oldest democracy has Mr. Manager SCHIFF. In fact, Lieu- support, economic support, and diplo- to be told by this struggling democ- tenant Colonel Vindman reported con- matic support has to say: Please take racy: This isn’t what you are supposed cerns twice, and Mr. Morrison did so us seriously. But this is what the to do. But that is what is happening. multiple times as well. Ukrainians are saying. They under- Let’s go to the eighth reason why They, of course, weren’t the only stood this wasn’t American policy—as you can know that President Trump ones. As this slide shows, Dr. Hill re- much as we do—and they didn’t want put himself first, and that is because ported her concerns to the NSC legal to be used as a pawn. there is no serious dispute that the advisor. Mr. Kent reported his concerns Ambassador Taylor explained his White House tried to bury the call about the State Department’s failure text during his testimony: ‘‘The whole record. They tried to bury the call to respond to the House’s document re- thrust of this irregular channel was to record. Although President Trump has quest. The lawyers were awfully busy. get these investigations, which repeatedly insisted that his July con- And why did President Trump’s own Danyliuk and presumably Zelensky versation with President Zelensky officials—not so-called Never Trump- were resisting because they didn’t want ‘‘was perfect,’’ the White House appar- ers, not Democrats or Republicans, but to be seen to be interfering but also to ently believed otherwise. Their own career public servants—report this con- be a pawn.’’ lawyers apparently believed otherwise. duct in real time? Because they knew Mr. Manager SCHIFF. This is an im- Following a head-of-state call, the it was wrong. portant point, too. It wasn’t just that President issues a summary or readout Dr. Hill said: ‘‘It was improper, and it they didn’t want to be seen as getting to lock in any commitments made by was inappropriate, and we said that in into politics, because if they did and it the foreign leader and publicly rein- the time, in real time.’’ looked like they were getting on the force the core elements of the Presi- Lieutenant Colonel Vindman said: side of Donald Trump, that would hurt dent’s message. However, no public ‘‘[The July 25] call was wrong’’ and he their support with Democrats, and if it readout was posted on the White House had a ‘‘duty to report it.’’ looked like they were getting involved Ambassador Taylor said: ‘‘Holding up website following the July 25 call. I with the other side, it would hurt them wonder why that was. of security assistance . . . for no good with the President. There was no ben- The White House instead provided re- policy reason, no good substantive rea- efit to Ukraine to be dragged into this. porters with a short, incomplete sum- son, no good national security reason, There was no benefit to Ukraine by mary that, of course, omitted the is wrong.’’ this, but they also didn’t want to be major elements of the conversation. Mr. Morrison admitted that he re- viewed as a pawn. ported the July 25 call ‘‘pretty much President Zelensky has his own elec- The short summary said: right away’’ and ‘‘recommended to torate. He is a new leader. He is a Today, President Donald J. Trump spoke them that we restrict access to the former comedian, and he wants to be by telephone with President Volodymyr package.’’ taken seriously. He needs to be taken Zelenskyy of Ukraine to congratulate him And Ms. Williams said: ‘‘[The July 25 seriously, because if the United States on his recent election. President Trump and President Zelenskyy discussed ways to call] struck me as unusual and inappro- isn’t going to take him seriously, you strengthen the relationship between the priate,’’ and ‘‘more political in na- can darn well bet Vladimir Putin will United States and Ukraine, including energy ture.’’ not take him seriously. and economic cooperation. Both leaders also Mr. Manager SCHIFF. The consensus So the perception—not just that expressed that they look forward to the op- is clear. The President’s demand for po- there is a rift, that he can’t get mili- portunity to meet.

VerDate Sep 11 2014 00:00 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.025 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S504 CONGRESSIONAL RECORD — SENATE January 23, 2020 That was it. Now, I don’t know about cared about was the investigations is that President Zelensky ‘‘should want you, but that does not seem like an ac- that President Trump confirmed his to do it.’’ curate summary of that call. As you desire for these investigations in his Then you have the President’s re- can see, that summary did not mention statements to his agents and when this marks on October 3: President Trump’s mention of a de- scheme was discovered to the American (Text of Videotape presentation:) bunked conspiracy theory about the people. REPORTER. What exactly did you hope 2016 election promoted by Russian The very day after he solicited for- Zelensky would do about the Bidens after your phone? President Putin. The summary did not eign interference to help him cheat in President TRUMP. Well, I would think mention President Trump’s demand the 2020 election, President Trump that, if they were honest about it, they’d that Ukraine announce an investiga- spoke with Gordon Sondland, who was start a major investigation into the Bidens. tion into his domestic political rival, in Ukraine. President Trump had only It’s a very simple answer. former Vice President Biden. The sum- one question for Ambassador Sondland: Mr. Manager SCHIFF. So here we mary did not mention that President ‘‘So, he’s going to do the investiga- hear again from the President’s own Trump praised a corrupt Ukrainian tion?’’ words what his primary object is, and prosecutor, who to this day continues Here is recounting the his primary object is helping his re- to feed false claims to the President call between President Trump and election campaign—help to cheat in his through Rudy Giuliani. Sondland: reelection campaign. After all that we If the call was ‘‘perfect,’’ if these in- (Text of Videotape presentation:) have been through and after all that we vestigations were legitimate foreign Mr. HOLMES. I then heard President went through with the Russian inter- policy, if the White House had nothing Trump ask, ‘‘So he’s going to do the inves- ference in our election and all that to hide, then ask yourselves: Why did tigation?’’ Ambassador Sondland replied cost, he was at it again, unrepentant the White House’s readout omit any that he is going to do it, adding that Presi- and undeterred. If anything, he was mention of the investigations? Why not dent Zelensky will do ‘‘anything you ask emboldened by escaping accountability publicly confirm that Ukraine had been him to do.’’ from his invitation and willful use of asked by the President to pursue them? Mr. Manager SCHIFF. So here we Russian-hacked materials in the last Why? Because it would have exposed are; this is July 26. President Zelensky election, and unconstrained. This is a the President’s corruption. doesn’t want to be used as a pawn and President who truly feels that under Sanitizing the call readout wasn’t doesn’t want to be drawn into U.S. pol- article II he can do whatever he wants, the only step taken to cover up the itics, but at this point he feels he has and that includes coercing an ally to President’s wrongdoing. The White no choice. Sondland tells David Holmes help him cheat in an election. House Counsel’s office also took irreg- he is going to do it. Of course, that is If he is successful, the election is not ular efforts to hide the call record the only thing the President asked a remedy for that. A remedy in which away on a secure server used to store about in that call. Sondland says he is the President can cheat is no remedy highly classified information. National going to do it, adding that Zelensky at all, which is why we are here. This Security Council Senior Director Tim will do ‘‘anything you ask’’ him to do, was not about corruption, which brings Morrison, whom you saw video clips including, apparently, be his pawn. me to No. 10, the 10 reasons you know on, testified that he requested that ac- Although Sondland didn’t remember President Trump put himself first. cess to the electronic file of the call the details of his conversation, he did Ironically, the President has argued that his corrupt conduct in soliciting record be restricted so that it would not dispute Holmes’ recollection of it. sham investigations from Ukraine was not be leaked. In fact, Ambassador Sondland had an Mr. Morrison said the call record did interesting take on it, which you driven by his concerns about corrup- not meet the requirements to be placed should hear. tion in Ukraine. This attempt to legiti- on the highly classified system, and (Text of Videotape presentation:) mize his efforts is simply not credible and not the least bit believable given Mr. Eisenberg later claimed the call Ambassador SONDLAND. Actually, actu- the mountain of evidence in the record record had been placed on the highly ally, I would have been more surprised if of President Trump’s corrupt intent. classified system ‘‘by mistake.’’ President Trump had not mentioned inves- I am sure it was a very innocent mis- tigations, particularly given what we are There is no evidence that President take. However, mistake or no mistake, hearing from Mr. Giuliani about the Presi- Trump cared one whit about anti-cor- ruption efforts at all. That is the 10th it remained on that system until at dent’s concerns. reason you know this was all political. least the third week of September 2019. Mr. Manager SCHIFF. That is pretty First, the evidence and President So that mistake continued from July telling that in this call, the day after he has had this head-of-state call—they Trump’s own public statements make all the way through September. clear that when the President talks Why were they trying to hide what finally got the call arranged between about corruption in Ukraine, he is only the President did? This was U.S. policy these two Presidents—and Ambassador talking about that sliver—that little and they were proud of it. If they were Sondland, with major support of the President, says: I would have been sliver—of alleged corruption that just really interested in corruption, if this somehow happened to be affected by more surprised if he didn’t bring it up. was about corruption, if this had noth- his own political interests, specifically The President doesn’t bring up the ing to do with the President’s reelec- two investigations that would benefit war with Russia. He doesn’t bring up tion campaign, if Biden was merely an his reelection. interesting coincidence, why did they anything else. He just brings this up, For example, on September 25, in a bury the record? Why did they hide the and Sondland confirms: Yeah, frankly, joint press availability with President record? Why did they put the record on I would have been surprised if it was Zelensky—the man who doesn’t want a system meant for highly classified something different because we are all to be a pawn—at the United Nations information, which the folks in here on in the loop here. General Assembly, President Trump the Intelligence Committee and many Everybody understood what this emphasized his understanding of cor- others can tell you is usually used for President wanted, and apparently ev- ruption to relate to the Biden inves- things like covert action operations— erybody also understood just how tigation. the most sensitive secrets? wrong it was and how damaging it was. (Text of Videotape presentation:) Well, this was a very sensitive polit- In September 2019, even after Presi- TRUMP. Now, when Biden’s son walks ical secret. This was a covert action of dent Trump learned that his scheme away with millions of dollars from Ukraine, a different kind. This was a corrupt ac- was in danger of becoming publicly ex- and he knows nothing, and they’re paying tion and it was hidden, and they knew posed, he would not give up. He still ex- him millions of dollars, that’s corruption. it was, and that is why they hid it. In- pected Ukraine to announce investiga- Mr. Manager SCHIFF. I mean, you nocent people don’t behave that way. tions into Joe Biden and his alleged can imagine how President Zelensky Let’s go to the ninth reason that you Ukrainian interference in 2016. Accord- feels sitting there and hearing this— know President Trump put himself ing to three witnesses, President the man who does not want to be a first. The clearest reason that we can Trump emphasized to Ambassador pawn and the man who doesn’t want to tell that all that President Trump Sondland during a call on September 7 be pulled into American politics. And

VerDate Sep 11 2014 04:24 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.027 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 23, 2020 CONGRESSIONAL RECORD — SENATE S505 there is the President, at it again, try- Second, as we have discussed, the firmed that President Trump’s cam- ing to draw his nation in, even while President’s timing of his purported paign had welcomed Russian assistance they have a war to fight. concerns about corruption in Ukraine in 2016 that President Trump, we are to Another example was on September make it all the more suspect. Before believe, suddenly developed an interest 30, when President Trump stated: of Vice President Biden’s can- in anti-corruption reforms in Ukraine. (Text of Videotape presentation:) didacy broke, President Trump showed Never mind that his own Defense De- Now, the new President of Ukraine ran on no interest in Ukraine. He gave partment said they were meeting all the basis of no corruption. That’s how he got Ukraine hundreds of millions of dollars the benchmarks. This new administra- elected. And I believe that he really means under a regime that lost power because tion, the reformer, was doing exactly it. But there was a lot of corruption having what we wanted him to do. Never mind to do with the 2016 election against us. And of mounting concerns about corrup- we want to get to the bottom of it, and it’s tion. that. Now that Biden is in the picture, very important that we do. So here we are, the President, in he has a problem. Mr. Manager SCHIFF. This is, of these prior years, giving money to a Third, when given the opportunity to course, again, bringing up the government, to Mr. Poroshenko, that raise the issue of corruption with the CrowdStrike conspiracy theory. What is viewed as corrupt, and Zelensky Ukrainians, the President never did. does the President say? ‘‘Corruption comes and runs against him in an un- Despite at the request of his staff, the . . . against us.’’ He is not concerned derdog campaign—underdog campaign word ‘‘corruption’’ never crosses his about actual corruption cases, only of Zelensky against Poroshenko. And lips, just the Bidens and CrowdStrike. about matters that affect him person- what is the heart of Zelensky’s cam- When the President first spoke to ally. paign? That Poroshenko’s government President Zelensky on April 21, he was Two days later, President Trump is corrupt, and he is running to clean it supposed to—he was asked to by his again tried to link corruption with the up. He is the reformer. He succeeds be- staff—bring up corruption. Go back and Biden investigation. cause the Ukrainians really want to check, but I think the readout of that (Text of Videotape presentation:) clean up their government. We see this congratulatory call actually said that The only thing that matters is the tran- reformer win and carry the hopes of he brought up corruption. Am I right? script of the actual conversation that I had the Ukrainian people. My staff says I am right. with the President of Ukraine. It was per- President Trump had no problem giv- So, on April 21, he is asked to bring fect. We’re looking at congratulations. We’re ing money appropriated by Congress to up corruption. In the congratulatory looking at doing things together. And what Ukraine under the corrupt regime of call to President Zelensky—great re- are we looking at? We’re looking at corrup- Poroshenko where corruption had ex- former—he doesn’t bring it up, but you tion. And, in, I believe, 1999, there was a cor- know the readout says that he did. It ruption act or a corruption bill passed be- isted during Poroshenko. But a re- tween both—and signed—between both coun- former gets elected, devoted to fighting was just like the readout of the July 25 tries, where I have a duty to report corrup- corruption, and suddenly there is a call, misleading. tion. And let me tell you something: Biden’s problem. There was a reason to give Of course, the readout for the second son is corrupt, and Biden is corrupt. more support to Ukraine. We had a call was far more misleading because Mr. Manager SCHIFF. Just 2 days President for whom this was the cen- there was far more to mislead about. after that, the President again equated tral pillar of his campaign. He came But in those two conversations, there corruption with actions by others to from outside of the government. People is nary a mention of the word ‘‘corrup- hurt him politically. placed their hopes in him. You can see tion.’’ We are to believe that, apart (Text of Videotape presentation:) President Zelensky trying to flatter from the Bidens, this is what our Presi- The PRESIDENT: Here’s what’s okay: If the President in that July 25 call by dent was concerned about in Ukraine. we feel there’s corruption, like I feel there saying: I am up for draining the swamp Here is Lieutenant Colonel Vindman. (Text of Videotape presentation:) was in the 2016 campaign—there was tremen- too. He ran on a campaign of reform. dous corruption against me—if we feel Mr. SCHIFF. Colonel Vindman, if I could there’s corruption, we have a right to go to So there was no problem giving money to the prior regime where there turn your attention to the April 21 call, that a foreign country. is the first call between President Trump Mr. Manager SCHIFF. So here, again, were abundant concerns about corrup- and President Zelensky, did you prepare the President is pushing out the Krem- tion, but you get a reformer in office, talking points for the President to use dur- lin talking points of Ukrainian inter- and now there is a problem? Of course, ing that call? we know what changed: the emergence Lieutenant Colonel VINDMAN. Yes, I did. ference in 2016 and the CrowdStrike The CHAIRMAN. And did those talking conspiracy theory. Again, when Presi- of Joe Biden as a candidate. In the prior regime, corruption was points include rooting out corruption in dent Trump is talking about corrup- Ukraine? tion, he is talking about perceived ef- no problem. A reformer comes into of- Lieutenant Colonel VINDMAN. Yes. forts by political opponents to hurt fice; suddenly, there is a problem. If The CHAIRMAN. That was something the him. It is personal, and it is political, you need any more graphic example, President was supposed to raise in the con- but it is not anti-corruption policy. again, you look at that call. versation with President Zelensky? No one disputes that Marie Lieutenant Colonel VINDMAN. Those were Ambassador Volker confirmed this the recommended talking points that were fact. Fighting corruption in Ukraine, Yovanovitch was and is a devoted fighter against corruption. That is her cleared through the NSC staff for the Presi- when used by President Trump and dent, yes. Giuliani, in fact, refers to the inves- reputation. That was part of the reason The CHAIRMAN. Did you listen in on the tigation of the Bidens in 2016. Volker they had to get rid of her. If you look call? said: at that July 25 call, the President is Lieutenant Colonel VINDMAN. Yes, I did. The CHAIRMAN. The White House has now (Text of Videotape presentation:) badmouthing this person fighting cor- ruption. He is praising the former released the record of that call. Did Presi- VOLKER. In hindsight, I now understand dent Trump ever mention corruption in the that others saw the idea of investigating pos- Ukrainian prosecutor, who is corrupt. April 21 call? sible corruption involving the Ukrainian Are we really to believe that this is Lieutenant Colonel VINDMAN. To the best company Burisma as equivalent to inves- about fighting corruption? There was of my recollection, he did not. tigating former Vice President Biden. no problem supporting the former re- Mr. Manager SCHIFF. President Mr. Manager SCHIFF. So, again, al- gime with corruption problems but Trump also did not mention the word though President Trump and Mr. problems supporting a reformer trying ‘‘corruption’’ on the July 25 call. Here Giuliani had used the general term to clean it up; no problems with a cor- is Lieutenant Colonel Vindman con- ‘‘corruption’’ to describe what they rupt former Ukrainian prosecutor firming that as well. Well, actually, want Ukraine to investigate, it wasn’t whom he praises in that call—he is a that slide is what I was referring to about anything actually related to cor- good man—but problems with a U.S. earlier—the good work of my staff. ruption. The evidence, including the Ambassador who has devoted her life to This is the readout of the April 21 President’s own statements, makes this country. call, which says: clear that this is simply code for the It wasn’t until 2019, after Biden President Donald J. Trump spoke today to specific investigations that President emerged as a considerable opponent President-elect to con- Trump wanted Ukraine to pursue. and after Special Counsel Mueller con- gratulate him on his victory in Ukraine’s

VerDate Sep 11 2014 00:35 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.028 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S506 CONGRESSIONAL RECORD — SENATE January 23, 2020 April 21 election. The President wished him tion. Those sham investigations were Mr. Giuliani could not get the deal success and called the election an important to advance his personal political inter- done, that President Trump turned to moment in Ukraine’s history, noting the ests, not the national interests of the second official action—using the peaceful and democratic manner of the elec- America. Let’s drill down on the how— Oval Office meeting to pressure toral process. President Trump underscored Ukraine. the unwavering support of the United States how the President abused the power of for Ukraine’s sovereignty and territorial in- his office and executed his corrupt Before we turn to this scheme for so- tegrity—within its internationally recog- scheme. liciting foreign election interference, nized borders—and expressed his commit- As noted earlier, the President exe- we need to understand how Mr. ment to work together with President-elect cuted his scheme through three official Giuliani, the President’s private agent, Zelensky and the Ukrainian people to imple- actions: first, by soliciting foreign assumed the leadership role in this ment reforms that strengthen democracy, in- election interference; second, by condi- scheme that applied escalating pres- crease prosperity, and root out corruption. tioning an official Oval Office meeting sure on Ukraine to announce investiga- Except that he didn’t. on Ukraine doing or at least announc- tions helpful to the President’s polit- Let’s hear Colonel Vindman. No, we ing the political investigations; and ical interest. don’t have that. OK. Let’s not hear third, by withholding military aid to Why is that so important? First, let’s Colonel Vindman. You heard enough of pressure Ukraine to announce those in- be clear. Mr. Giuliani is President Colonel Vindman. vestigations. Trump’s personal lawyer. He rep- When President Trump had the ear of All three of President Trump’s offi- resented President Trump with his President Zelensky during the April 21 cial actions were an abuse of his power knowledge and consent. The evidence and July 25 calls, he did not raise that as President and done for personal shows Mr. Giuliani and President Trump were in constant contact in this issue—the word ‘‘corruption’’—a single gain, but the original abuse was Presi- time period. Both U.S. and Ukrainian time. dent Trump’s solicitation of election officials knew Mr. Giuliani was the key There is ample other evidence as interference from a foreign country— well. White House officials made clear to Ukraine. Ukraine. He tried to get an announce- Let’s review the President’s use of to President Trump that President ment of investigations designed to help Zelensky was anti-corruption, that Mr. Giuliani to advance his scheme. him in the 2020 Presidential election, First, no one disputes that Mr. President Trump should help him fight so let’s start there. Giuliani was and is President Trump’s corruption. The President’s Agencies President Trump’s corrupt demands personal lawyer. President Trump has and Departments supported this too. of President Zelensky in the July 25 said this. Mr. Giuliani says it. We all The Defense Department and State De- phone call were not just a spontaneous know it is true. partment certified that Ukraine satis- outburst; they were a dramatic cre- Second, President Trump at all times fied all anti-corruption benchmarks be- scendo in a monthslong scheme to ex- directed and knew about Mr. Giuliani’s fore President Trump froze the aid. tort Ukraine into assisting his 2020 re- actions. How do we know this? Let’s The point is this: The evidence is election campaign. start with the letter signed by Giuliani consistent. It establishes clearly that As was shown, there is evidence of to President Zelensky. Here is that let- President Trump did not care about President Trump himself demanding ter. corruption. To the contrary, he was that Ukraine conduct the investiga- On May 10, 2019, Mr. Giuliani wrote pursuing a corrupt aim. He wanted tions, but President Trump also dele- to a foreign leader, President-elect Ukraine to do the exact thing that gated his authority to his political Zelensky. The letter reads: ‘‘In my ca- American policy officials have tried for agent, Rudy Giuliani, to oversee and pacity as personal counsel to President years to stop foreign governments from direct this scheme. That was beginning Trump and with his knowledge and doing: corrupt investigations of polit- in late 2018 and early 2019. Here is how consent. . . . ’’ Rudy Giuliani, not a ical rivals. that scheme worked: government official, asked to speak To sum up, the evidence is unmistak- First, in January of 2019, Mr. Giuliani about President Trump’s specific re- ably clear. On July 25, while acting as and his associates discussed the inves- quest, and he makes it clear that it our Nation’s chief diplomat and speak- tigations with the then current and was in his role as the President’s coun- ing to the leader of Ukraine, President former prosecutor generals of Ukraine. sel. Trump solicited foreign interference in As we discussed, both were corrupt. Mr. Giuliani didn’t just tell a foreign the U.S. election for one particular ob- Then in late April 2019, the scheme leader that; he also told the press. The jective: to benefit his own reelection. hit a roadblock. A reform candidate, day before Mr. Giuliani’s letter to To seek help in cheating in a U.S. elec- Zelensky, won the Ukrainian Presi- Zelensky, pub- tion, he requested—effectively de- dential election. The fear was that lished an article about Mr. Giuliani’s manded—a personal political favor: President-elect Zelensky would replace upcoming trip to Ukraine. that Ukraine announce two bogus in- the corrupt prosecutor Giuliani had Here is a slide about that article. It vestigations that were only of value to been dealing with. said: ‘‘Rudy Giuliani Plans Ukraine himself. President Trump removed Ambas- Trip to Push for Inquiries That Could This was not about foreign policy. In sador Yovanovitch because his agents, Help Trump.’’ fact, it was inconsistent with and di- including Giuliani, believed she was Mr. Giuliani said his trip was to pres- verged from American national secu- another roadblock to the corrupt sure Ukraine to initiate investigations rity and American values. His own offi- scheme they were undertaking on his into false allegations against the cials knew this, and they reported it. behalf. In her place, President Trump Bidens and the 2016 election and that it Ukraine knew this. And his own White directed a team of handpicked political was at the request of the President. He House attempted to bury the call. appointees—U.S. officials who were stated that President Trump ‘‘basically The President has confirmed what he supposed to work in the public inter- knows what I’m doing, sure, as his law- wanted in his own words. He has made est—to instead work with Mr. Giuliani yer.’’ it clear he didn’t care about corrup- to advance the President’s personal in- President Trump repeatedly admit- tion; he cared only about himself. Now terests. Those were the three amigos. ted knowledge of Mr. Giuliani’s activi- it is up to us to do something about it, As Ambassador Sondland said, those ties and to coordinating with him to make sure that a President—that U.S. officials ‘‘followed the President’s about the Ukrainian activities. reported on May 11, 2019: this President cannot pursue an objec- orders.’’ tive that places himself above our But even with Ambassador In a telephone interview with POLITICO on Friday, Trump said he didn’t know much country. Yovanovitch gone, President Zelensky about Giuliani’s planned trip to Ukraine, but Ms. Manager LOFGREN. Well, we still resisted Mr. Giuliani’s overtures. wanted to speak to him about it. have gone through the object of Presi- So, at the President’s direction, And this is a quote of the President’s: dent Trump’s scheme: getting Ukraine throughout May and June, Giuliani ‘‘I have not spoken to him at any great to announce that investigations would ratcheted up public pressure on length, but I will,’’ Trump said in the inter- be held, and that would help him cheat Ukraine to announce the investiga- view. ‘‘I will speak to him about it before he and gain an advantage in the 2020 elec- tions. No luck. It was only then, when leaves.’’

VerDate Sep 11 2014 04:24 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.030 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 23, 2020 CONGRESSIONAL RECORD — SENATE S507 President Trump knew and directed Hill that Rudy Giuliani was a ‘‘hand polls, Mr. Giuliani said in a public Mr. Giuliani’s activities in May 2019 grenade that’s going to blow everybody interview with the New York Times when Mr. Giuliani was planning his up.’’ Dr. Hill testified that Ambassador that he was traveling to Ukraine to visit to Kyiv, and that remains true Bolton issued guidance for the Na- pursue investigations. He wanted to today. tional Security Council staff to not en- make sure that ‘‘Biden will not get to reported gage with Rudy Giuliani. That made election day without this being inves- that when Rudy Giuliani returned from sense. Why? Because Mr. Giuliani was tigated.’’ The scheme was all about a trip to Kyiv just last month, ‘‘the not conducting official U.S. foreign President Trump’s reelection. President called him as the plane was policy; he was doing a domestic polit- This continued in June. Mr. Giuliani still taxiing down the runway.’’ Presi- ical errand for President Trump. tweeted on June 21 and urged President dent Trump asked his lawyer: ‘‘What Now, these phone records, as I say, Zelensky to pursue the investigation. did you get?’’ Giuliani answered: ‘‘More lawfully obtained, reveal potential con- The scheme continues even now. Mr. than you can imagine.’’ tact between Ambassador Bolton and Giuliani has tweeted about Joe Biden Even as President Trump faced im- Rudy Giuliani on May 9, the day the over 65 times since September, and peachment in the House of Representa- New York Times reported his trip to President Trump told you himself. He tives, he was coordinating with his per- Kyiv. Rudy Giuliani’s role in Ukraine admitted on October 2: ‘‘ . . . we’ve sonal attorney on the Ukraine scheme. policy is yet another topic that Ambas- been investigating, on a personal The President asked Rudy: ‘‘What did sador Bolton could speak to. You basis—through Rudy and others, law- you get?’’ should call him and hear what he has yers—corruption in the 2016 election.’’ The evidence also shows that Mr. to say about it. Again, to review, President Trump Giuliani and the President were in fre- Even without Ambassador Bolton’s used his personal agent for Ukraine. He quent contact. During the investiga- testimony, multiple other administra- has made this clear to U.S. officials tion and in response to a lawful sub- tion officials confirmed Mr. Giuliani’s and to the Ukrainians. The evidence poena, the House got call records. They central role. Ambassador Sondland shows President Trump and Rudy show contacts—not content—between said: It was apparent to everyone that Giuliani were in constant contact dur- Giuliani, the White House, and other the key to changing the President’s ing this period. President Trump di- people involved in the President’s mind on Ukraine was Giuliani. David rected him to pursue investigations. He scheme. For example, on April 23, Rudy Holmes, U.S. political counselor in told U.S. officials to work with Rudy. Giuliani learned President Trump had Kyiv, said: ‘‘Giuliani, a private lawyer, He told Ukrainians to work with Rudy. decided to fire Ambassador was taking a direct role in Ukrainian Rudy and his associates pressed Yovanovitch. According to phone diplomacy.’’ Ukraine for investigations into the records, on that day, Giuliani had an 8- Bad enough that the President or- President’s political rival. Giuliani minute-and-28-second call with a White dered U.S. diplomats to ‘‘talk to Rudy’’ said: ‘‘Biden will not get to election House number. about Ukraine, the scheme got worse. day without this being investigated.’’ Let’s look at what happened the next The evidence shows that Ukrainian of- Keeping all this in mind, let’s turn to day, on April 24. Giuliani was again in ficials also came to recognize the im- the President’s first official act: solic- repeated contact with the White House. portant role of Mr. Giuliani. On July iting foreign interference. As we men- For example, he had one 8-minute-42- 10, 2019, Andriy Yermak, the top aide to tioned, in late 2018 and early 2019, Rudy second call with a White House num- President Zelensky, sent a text to Am- Giuliani and his associates Lev Parnas ber. An hour and a half later, he had bassador Volker about Rudy Giuliani. and were busy soliciting another call, which lasted 3 minutes In that text, the Ukrainian official said information from corrupt Ukrainians and 15 seconds, with the White House. this: to help President Trump. They pursued When a reporter recently asked whom Thank you for the meeting and your clear a monthslong campaign to dig up dirt he called at the White House, Mr. and very logical position. Will be great meet on Biden. In late 2018 and early 2019, Giuliani said this: ‘‘I talk to the Presi- with you before my departure and discuss. I Parnas, Fruman, and Giuliani met ex- dent, mostly.’’ feel that the key for many things is Rudi and tensively with two corrupt Ukrainian Rudy Giuliani remained in close con- I ready to talk with him at any time. prosecutors, and tact with the White House after the Let me repeat that quote: ‘‘[T]he key , to gather information disclosure of his planned trip to for many things is Rudy. they believed would help President Ukraine in mid-2019. Now, Rudy is the So the President used his personal Trump. As you will recall, Shokin was key to Ukraine. We know from Mr. agent to conduct his scheme with corrupt. George Kent described Shokin Giuliani and the President’s own state- Ukraine. They were in frequent con- as ‘‘a typical Ukrainian prosecutor who ments about his role as President tact. Everyone—White House officials lived a lifestyle far in excess of his gov- Trump’s personal agent advancing the and Ukrainian officials—knew they had ernment salary, who never prosecuted Ukraine scheme. We know from their no choice but to deal with Giuliani. anybody known for having committed comments and the documentary evi- What was Mr. Giuliani doing that was a crime’’ and who ‘‘covered up crimes dence about the frequency of their con- so important to Ukraine? Again, the that were known to have been com- tact. evidence is clear. Mr. Giuliani’s focus mitted.’’ And remember, because But it wasn’t just the frequency of was to get investigations into Presi- Shokin was corrupt, Vice President Mr. Giuliani’s contact that is signifi- dent Trump’s political rival to help the Biden had urged his removal. This was cant. Here is what matters: President President’s reelection. in accordance with U.S. policy. Trump directed U.S. officials to work We have walked through some of the Shokin blamed the former Vice with his personal agent, who was pur- timeline of Mr. Giuliani’s actions and President for his dismissal by the suing investigations not at all related statements about Ukraine, but let’s Ukrainian Parliament. He wanted to to foreign policy. U.S. officials, includ- just line them up briefly because it revive his political fortunes in Ukraine ing the President’s own National Secu- makes the story so clear. April 2019: by assisting with Giuliani’s effort. At rity Advisor, knew there was no get- Vice President Biden officially an- the end of January, Giuliani, Parnas, ting around Rudy Giuliani when it nounced his campaign for the Demo- and Fruman participated in a con- came to Ukraine. Witnesses repeatedly cratic Party’s Presidential nomination. ference call with Shokin. He made alle- testified to the constant presence of And a reminder: At the time of Biden’s gations about Vice President Biden and Rudy Giuliani on television and in the announcement and for months after, Burisma. Shokin also falsely claimed . A State Department offi- public polling, including from FOX that Ambassador Yovanovitch had im- cial, Christopher Anderson, said that News, showed that Biden would beat properly denied him a U.S. visa and ‘‘joked about, every time President Trump. The poll- that she was close to Vice President Ukraine is mentioned, Giuliani pops ing data is up on the chart. Biden. Also, in January, Giuliani, up.’’ Right after Vice President Biden an- Parnas, and Fruman met with After Ambassador Yovanovitch’s dis- nounced his candidacy and while Biden Lutsenko in New York. They discussed missal, Ambassador Bolton told Dr. was beating President Trump in the investigations into Burisma and the

VerDate Sep 11 2014 00:35 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.031 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S508 CONGRESSIONAL RECORD — SENATE January 23, 2020 Bidens and whether Ambassador Yovanovitch entered a more public won a landslide victory in Ukraine’s Yovanovitch was ‘‘loyal to President phase through a series of opinion pieces Presidential election. U.S. officials Trump.’’ Lutsenko held a grudge published in The Hill. The public airing unanimously testified that President against Ambassador Yovanovitch be- of these allegations was orchestrated— Zelensky’s mandate to pursue reform cause she and the broader State De- orchestrated by Giuliani, Parnas, and would be good for our national secu- partment were critical of Lutsenko’s Lutsenko. We know from records pro- rity. However, it was potentially bad failures. They were critical of his fail- duced by Parnas that he played an im- news for President Trump’s scheme. ure to prosecute corruption in Ukraine. portant role in getting derogatory in- Mr. Giuliani did not have a relation- This was the motivation for Lutsenko formation from Lutsenko and his dep- ship with Zelensky. As a reformer, he to give Giuliani and his associates false uty to John Solomon, who wrote the would be less amenable to announcing information on Biden and Burisma. opinion pieces in The Hill. the sham investigations. Zelensky And here is the point: Lutsenko and According to The Hill articles, would not want to get dragged into Shokin had grudges against Biden and Ukrainian officials falsely claimed to U.S. domestic politics. Ambassador Yovanovitch. Why? Be- have evidence of wrongdoing about the Additionally, the election of a new cause they were implementing U.S. following: One, Vice President Biden’s Ukrainian President raised the concern policy to fight corruption in Ukraine. efforts in 2015 to remove Shokin; two, that Lutsenko, with whom Mr. Now, Giuliani and his associates had ’s role as a Burisma board Giuliani had been plotting, would be motive to harm Biden: to help get member; three, Ukrainian interference replaced by a new Ukrainian pros- President Trump reelected. They had in the 2016 election in favor of Hillary ecutor general. A new prosecutor gen- motive to remove Ambassador Clinton; and four, the misappropriation eral, especially one appointed in an Yovanovitch or anyone else who got in and transfer of Ukrainian funds abroad. anti-corruption regime, would likely be the way of their efforts to smear Biden. This was what President Trump less willing to conduct sham investiga- Giuliani admitted this. He told the wanted from the Ukrainians: the same tions to please an American President. New York Times that he spoke to information Mr. Giuliani and his Mr. Giuliani decided to attack the President Trump about how Ambas- agents were scheming up with Ukraine issue from both sides. He pressed Presi- sador Yovanovitch frustrated efforts to hurt Biden and, in exchange, to have dent Trump to remove Ambassador that could be politically helpful to Ambassador Yovanovitch removed. Yovanovitch, which would keep President Trump. Giuliani admitted Now, Mr. Giuliani was very open Lutsenko happy. He continued to work this was all to benefit President about this, and here is a clip worth hard to get dirt on Biden. And he tried Trump. Documents give us evidence of watching. to get a meeting with Zelensky to se- this scheme. WhatsApp exchanges that (Text of Videotape presentation:) cure the new Ukrainian leader’s com- Parnas recently gave to Congress made Let me tell you my interest in that. I got mitment to press the investigations. clear that, in exchange for derogatory information about three or four months ago This strategy played out on April 23 information about Biden, Lutsenko that a lot of the explanations for how this and 24. wanted Yovanovitch removed from her whole phony investigation started will be in First, on April 23, Parnas and post in Kyiv. the Ukraine, that there were a group of peo- Fruman were in Israel, trying to ar- ple in the Ukraine that were working to help range a meeting between Giuliani and Here is that WhatsApp report. For and were colluding really— example, on March 22, Lutsenko wrote: [LAUGHTER]—with the Clinton campaign. the newly minted Ukrainian President ‘‘It’s just that if you don’t make a deci- And it stems around the ambassador and the Zelensky. sion about Madam—you are bringing embassy, being used for political purposes. On April 23, Giuliani left a voicemail into question all my allegations, in- So I began getting some people that were message for Parnas. Let’s play that cluding about B.’’ Now, here, ‘‘B’’ could coming forward and telling me about that. voicemail. either be Biden or Burisma or both, but And then all of a sudden, they revealed the Well, I was going to say it would be ‘‘Madam’’ is Ambassador Yovanovitch. story about Burisma and Biden’s son. difficult to hear, but I am sure you In the March 22 text, Lutsenko im- Ms. Manager LOFGREN. Mr. Giuliani cannot hear it at all. Let me tell you plied that, if Parnas wanted dirt on got laughed at on FOX News for ad- what it says. He says: Biden—Burisma—he needed to do vancing the crowd source conspiracy It’s Rudy. When you get a chance, give me something about Ambassador theory, but the clip shows that he had a call and bring me up to date okay? I got a Yovanovitch. Days later, on March 28, been making an effort to get deroga- couple of things to tell you too. Parnas assured Lutsenko that his ef- tory information from the Ukrainians Parnas and Giuliani eventually spoke forts were being recognized in the on behalf of his client, President on that same day. We have the phone United States and that he would be re- Trump. records that prove that. According to warded. Parnas wrote: My colleague Mrs. DEMINGS will now phone records, Parnas and Giuliani had I was asked to personally convey to you further detail how the scheme evolved. a 1-minute-50-second call. that America supports you and will not let The CHIEF JUSTICE. The majority Fifteen minutes after they hung up, you be harmed no matter how things look leader is recognized. the records also show that Mr. Giuliani now. Soon everything will turn around and Mr. MCCONNELL. I understand the placed three short phone calls to the will be on the right course. Just so you presentations will continue for a while, White House. Shortly thereafter, the know, here people are talking about you as a and I would suggest a dinner break at White House called Giuliani back. true Ukrainian hero. 6:30 for 30 minutes. Giuliani spoke with someone at the Lutsenko responded with the dirt The CHIEF JUSTICE. Without objec- White House for 8 minutes and 28 sec- that President Trump wanted. He tion. onds. wrote: ‘‘I have copies of payments from Mrs. Manager DEMINGS. Chief Jus- I will quickly note that at the time Burisma to Seneca.’’ Minutes after tice Roberts, Senators, and, of course, the Intelligence Committee issued its being reassured that ‘‘America sup- the counsel for the President, at this report in mid-December, we did not ports you and will not let you be point, everything was going to plan. know whether that 8-minute-28-second harmed,’’ Lutsenko claimed he had Mr. Giuliani was scheming with the call was from the White House. We records of payments from Burisma to corrupt Ukrainian prosecutors who have since received information from a Rosemont Seneca Partners, a firm were offering dirt on Biden that would telecom company that it was indeed founded by Hunter Biden. This text help President Trump get reelected. the White House. message, along with others, shows that They were pressing President Trump to We don’t have a recording of that Lutsenko was providing derogatory in- remove Ambassador Yovanovitch, in- call. Neither the White House nor formation on the Bidens in exchange cluding publicly tarnishing her reputa- Giuliani produced any information to for Parnas pushing for Ambassador tion, based on false and baseless Congress about what was discussed. Of Yovanovitch’s removal. claims. But then the President’s course, the White House has refused, as Now, in late March and throughout scheme hit a roadblock. you already know, to cooperate in any April 2019, the smear campaign against On April 21, President Zelensky— way. But even without the evidence the Bidens and against Ambassador then the anti-corruption candidate— that the White House is hiding—with

VerDate Sep 11 2014 00:35 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.033 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 23, 2020 CONGRESSIONAL RECORD — SENATE S509 the evidence we do have—these phone Ukraine. [Ukranian Russian company—not a President Trump decided to remove records prove that Mr. Giuliani was Ukranian—you know, big difference there. Ambassador Yovanovitch based on the keeping President Trump informed Yanukovych—the guy they tossed out and bogus claim that she was obstructing about what was going on when he was Manafort got in all the trouble with—the his scheme to secure Ukraine’s co- guy who owns it worked for Yanukovych, trying to meet President Zelensky and pulled 10 billion out of the Ukraine, has been operation. Indeed, Mr. Giuliani was ex- get Ukraine to commit to the inves- a fugitive—was a fugitive when Biden’s kid plicit about this when he told the New tigations. first went to work there.] And Biden bragged Yorker last month. He said: Let’s look at President Trump’s deci- about the fact that he got the prosecutor I believed that I needed Yovanovitch out of sion to remove Ambassador general fired. The prosecutor general was in- the way. She was going to make the inves- Yovanovitch. Following the call be- vestigating his son and then the investiga- tigations difficult for everybody. tween Mr. Giuliani and the White tion went south. So let’s recap. Mr. Giuliani and his House on April 23, Parnas asked Mrs. Manager DEMINGS. Ambas- agents, on behalf of President Trump, Giuliani for an update. Parnas texted: sador Yovanovitch was never provided the United States President, worked ‘‘Going to sleep my brother please text a justification for her removal. She was with corrupt Ukrainians to get dirt on me or call me if you have any news. an anti-corruption crusader, a highly President Trump’s political opponent. Giuliani responded: ‘‘He fired her respected diplomat. And she had been Mr. Giuliani said this in press inter- again.’’ recently asked to extend her stay in views. He texted about it with his That was, of course, in reference to Ukraine. agents, and he repeatedly called the Ambassador Yovanovitch. Her removal While American Ambassadors serve White House. would no doubt please the corrupt at the pleasure of the President—we do Following the election of a new Ukrainian prosecutor, Lutsenko, who understand that—I am sure you would Ukrainian leader committed to fight- offered derogatory information about all agree that the manner and cir- ing corruption, President Trump re- Hunter Biden. It also eliminated a po- cumstances surrounding the Ambas- moved Ambassador Yovanovitch, an tential obstacle identified by Giuliani. sador’s removal were unusual and anti-corruption crusader, and Mr. Parnas responded: ‘‘I pray it happens raised questions of motive. Giuliani told us why: to get her out of this time I’ll call you tomorrow my Every witness who testified con- the way for the investigations to move brother.’’ firmed that there was no factual basis forward. That is how far President And it did—because we know that the to the accusations Lutsenko lodged Trump was willing to go to get his in- very next day, on April 24, Ambassador against Ambassador Yovanovitch. vestigations. To smear a highly re- Yovanovitch received two frantic Under Secretary of State , spected, dedicated Foreign Service offi- phone calls from Ambassador Carol the most senior career diplomat at the cer who had served this country unself- Perez at the State Department. The State Department, testified that Maria ishly for his own selfish political inter- second call came at 1 a.m. Yovanovitch was an outstanding Am- ests is disgraceful. According to Ambassador bassador and should have been per- Even with the removal of Ambas- Yovanovitch, as you can see from the mitted to remain in Kyiv. sador Yovanovitch, President slide on the screen, the Director Gen- Even more significant, several wit- Zelensky’s election victory threw a eral of the Foreign Service told her nesses testified that President Trump’s wrench into the President’s scheme. that ‘‘there was a lot of concern for decision to remove Ambassador That is because Lutsenko was report- me, that I needed to be on the next Yovanovitch undercut U.S. national se- edly going to be replaced. After Mr. plane home to Washington.’’ curity objectives in Ukraine during a Giuliani told the New York Times on Yovanovitch recalled: critical time. May 9 that he intended to travel to And I was like, what? What happened? Dr. Hill, for example, explained that Ukraine on behalf of President Trump And Perez said: many of the key U.S. policies toward in order to ‘‘meddle in an investiga- I don’t know, but this is about your secu- Ukraine were being implemented by tion,’’ Ukrainian officials publicly rity. You need to come home immediately. the U.S. Embassy in Kyiv. And then pushed back. Please hear what I said. You need to come home on the next plane. suddenly ‘‘we had just then lost the Ukrainian officials publicly pushed Yovanovitch asked what Perez meant leadership.’’ This created what Hill la- back on the suggestions of corruptions by ‘‘physical security.’’ Perez ‘‘didn’t beled ‘‘a period of uncertainty’’ as to proposed by Mr. Giuliani, who was get that impression’’ but repeated that how our government was going to exe- working on behalf of the U.S. Presi- Yovanovitch needed ‘‘to come back im- cute U.S. policy. dent. mediately.’’ This was no coincidence. George Kent testified that the ouster Well, Mr. Giuliani canceled his trip Mr. Giuliani and his agents conspired of Ambassador Yovanovitch ‘‘hampered on May 10 and claimed on FOX News to meet President Zelensky. They con- U.S. efforts to establish rapport with that President Zelensky was sur- spired for Ambassador Yovanovitch to the new Zelensky administration in rounded by ‘‘enemies’’ of President be removed. Within hours of Mr. Ukraine.’’ Trump. Let’s listen. Giuliani saying he prayed Ambassador So why did President Trump remove (Text of Videotape presentation:) Yovanovitch would get fired, Ambas- a distinguished career public servant Mr. GIULIANI. I decided, Sharon, I’m not sador Yovanovitch got a frantic phone Yanukovych and anti-corruption cru- going to go to Ukraine. call to get on the next plane. sader and a top diplomat in the State Ms. BREAM. You are not going to go? That same day, on April 24, Giuliani Department? Mr. GIULIANI. I am not going to go be- appeared on ‘‘Fox & Friends’’ and pro- We know why. The answer is simple: cause I think I’m walking into a group of moted the false conspiracy theories President Trump removed Ambassador people that are enemies of the President. about Ukraine and Vice President Yovanovitch because she was in the Mrs. Manager DEMINGS. It appears Biden that were all part of this agree- way. She was in the way of the sham Giuliani’s statement influenced Presi- ment. Let’s look and listen to what he investigations that he so desperately dent Trump’s view of Ukraine, as well. said. wanted; investigations that would hurt At an Oval Office meeting on May 23, (Text of Videotape presentation:) former Vice President Biden and under- U.S. officials learned of Giuliani’s in- And I ask you to keep your eye on mine the Mueller investigation into fluence. Ambassador Volker testified Ukraine, because in Ukraine, a lot of the Russian election interference; inves- that President Trump ‘‘didn’t believe’’ dirty work was done digging up the informa- tigations that would help him cheat in the positive assessment government of- tion. American officials were used, Ukrain- the 2020 election. ficials gave the new Ukrainian Presi- ians officials were used. That’s collusion Rudy Giuliani admitted that he per- dent. Instead, President Trump told with Ukrainians. And, or actually in this sonally told President Trump about his them that Giuliani ‘‘knows all of these case, conspiracy with the Ukrainians. I concern that Ambassador Yovanovitch things’’ and said that President think you’d get some interesting informa- tion about Joe Biden from Ukraine. About was an obstacle to securing Ukrainian Zelensky has ‘‘some bad people around his son, Hunter Biden. About a company he cooperation on the two bogus inves- him.’’ At this point, the scheme had was on the board of for years, which may be tigations they solicited from Ukraine. stalled. Mr. Giuliani and the President one of the most crooked companies in And Rudy Giuliani confirmed that knew that they were going to have

VerDate Sep 11 2014 00:35 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.034 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S510 CONGRESSIONAL RECORD — SENATE January 23, 2020 trouble with President Zelensky ful- advancing U.S. foreign policy—U.S. of- conversation, the gist of which Ambassador filling his corrupt demand for inves- ficials who were supposed to act in our Taylor shared with me at the time, that tigations that would benefit President country’s interest—were directed to, President Zelensky needed to make clear to President Trump that President Zelensky Trump’s reelection campaign. instead, advance President Trump’s was not standing in the way of, quote, ‘‘in- That brings us to the next phase of personal interests. From that point on, vestigations.’’ I understood that this meant this scheme. Although his corrupt they worked with the President’s per- the Biden/Burisma investigations that Mr. scheme was in trouble due to the unex- sonal agent on political investigations Giuliani and his associates had been speak- pected results of the Ukrainian elec- to benefit the President’s reelection. ing about in the media since March. tion—the election which yielded an Their work on President Trump’s be- Mrs. Manager DEMINGS. Even with anti-corruption reformer—President half to solicit foreign interference in the addition of President Trump’s po- Trump doubled down on his scheme to our elections continued throughout all litical appointees to aid Mr. Giuliani’s solicit investigations for his personal of June. For instance, on June 21, Mr. efforts, President Zelensky did not an- benefit. Giuliani tweeted that President nounce the investigations. As Mr. In May of 2019, with a gap in Amer- Zelensky had not yet publicly com- Giuliani’s June 21 tweet shows, the ican leadership in Ukraine after Am- mitted on two politically motivated in- Ukrainian President was resisting bassador Yovanovitch was removed, vestigations designed to benefit Presi- President Trump’s pressure. President Trump enlisted U.S. officials dent Trump. And when Mr. Giuliani’s So what happened? Well, that brings to help to do his political work. The public efforts and his tweets didn’t us to the President’s next official act: scheme grew from false allegations by move President Zelensky to announce turning up the pressure by condi- disgruntled, corrupt Ukrainian pros- the investigations, he used U.S. dip- tioning an official White House meet- ecutors to a plot by the President of lomats as directed by President Trump. ing on Ukraine announcing his polit- the United States to extort the new This is important. ical investigations. Ukrainian President into announcing After Giuliani canceled his trip to Senators, I know we have covered a his political investigations. During the Ukraine in May and commented that lot of ground, but as we have shown, May 23 Oval Office meeting, President President-elect Zelensky had enemies there is overwhelming and uncontra- Trump directed Ambassador Sondland, of President Trump around him, dicted evidence of the President’s Ambassador Volker, and Secretary Giuliani had minimal access to the new scheme to solicit foreign interference in this year’s Presidential election. Perry to work with Mr. Giuliani on Ukrainian leader’s inner circle. His pri- Let me say this also. Each time that Ukraine. Giuliani had made clear he mary Ukraine connection, Prosecutor we remind this body of the President’s was pursuing investigations for Presi- General Lutsenko, had already been in- formed that he would be removed as scheme to cheat, to win, some of his dent Trump in a personal capacity. He soon as the new Parliament convened. defenders say that we are only con- said publicly, on numerous instances, So President Trump gave him U.S. dip- cerned about winning the next elec- that he was only working for the Presi- lomats and directed them to work with tion—the Democrats are only doing dent in a personal capacity and not on Mr. Giuliani on his scheme. As you this to win the next election. foreign policy. Yet President Trump heard, President Trump told Ambas- But you know better because this still told White House officials that sadors Sondland and Volker to talk trial is much bigger than any one elec- they had to work with Mr. Giuliani to with Rudy and work with Rudy on tion, and it is much bigger than any get anywhere on Ukraine. We heard Ukraine. And what did that mean? one President. This moment is about significant testimony on this point. Well, Mr. Giuliani tried to use Ambas- the American people. Whether a maid For example, Ambassador Volker re- sador Sondland and Volker to gain ac- or a janitor, whether a nurse, a teach- called that at the Oval Office meeting cess to President Zelensky and his er, or a truck driver, whether a doctor on May 23, President Trump directed inner circle through their official State or a mechanic, this moment is about the U.S. officials to ‘‘talk to Rudy.’’ Department channels and made clear ensuring that their votes matter and Ambassador Sondland testified that to President Zelensky that he had to that American elections are decided by President Trump directed them to announce the investigations. the American people. ‘‘talk to Rudy.’’ In that moment, the On June 27, Ambassador Sondland President Trump acted corruptly. He U.S. diplomats saw the writing on the brought Ambassador Taylor up to abused the power of his office by order- wall and concluded ‘‘that if we did not speed on Ukraine since Ambassador ing U.S. diplomats to work with his po- talk to Rudy, nothing would move for- Taylor had just arrived in the country litical agent to solicit two politically ward, nothing would move forward on a few weeks beforehand. Ambassador motivated investigations by Ukraine. Ukraine.’’ Pay attention to Ambas- Sondland explained that President The investigations were designed solely sador Sondland’s testimony. Zelensky needed to make clear that he to help his personal interests, not our (Text of Videotape presentation:) was not standing in the way of the in- national interests. Neither investiga- Ambassador SONDLAND. In response to vestigations that President Trump tion solicited by President Trump had our persistent efforts in that meeting to wanted—that President Zelensky need- anything to do with promoting U.S. change his views, President Trump directed ed to make clear that he was not foreign policy or U.S. national secu- us to, quote, ‘‘talk with Rudy.’’ We under- rity. Indeed, as we will discuss later, stood that ‘‘talk with Rudy’’ meant, talk standing in the way of the investiga- tions that President Trump wanted. both investigations and the President’s with Mr. Rudy Giuliani, the President’s per- broader scheme to secure Ukraine’s in- sonal lawyer. And here is his testimony. Let me say again, we weren’t happy with (Text of Videotape presentation:) terference was a threat. It was a the President’s directive to talk with Rudy. Ambassador TAYLOR. On June 27th, Am- threat. It was a threat to our national We did not want to involve Mr. Giuliani. I bassador Sondland told me during a phone security. The only person who stood to believe then, as I do now, that the men and conversation that President Zelensky needed benefit from the abuse of office and so- women of the State Department, not the to make clear to President Trump that he, licitation of these investigations was President’s personal lawyer, should take re- President Zelensky, was not standing in the Donald Trump—the 45th President of sponsibility for Ukraine matters. way of investigations. the United States. Nonetheless, based on the President’s di- Mrs. Manager DEMINGS. Ambas- This was a violation of public trust rection, we were faced with a choice. We sador Taylor relayed this conversation and a failure to take care that the laws could abandon the efforts to schedule the White House phone call and the White House to one of his deputies, U.S. Diplomat be faithfully executed, but when it visit between Presidents Trump and David Holmes, who testified that he came down to choosing between the na- Zelensky, which was unquestionably in our understood the investigations to mean tional interests of the country and his foreign policy interest, or we could do as the ‘‘Burisma-Biden investigations own personal interests—his reelec- President Trump had directed and talk with that Mr. Giuliani and his associates tion—President Trump chose himself. Rudy. We chose the latter, of course, not be- had been speaking about’’ publicly. Mr. Manager JEFFRIES. Mr. Chief cause we liked it, but because it was the only Let’s listen to Mr. Holmes. Justice, the distinguished Members of constructive path open to us. (Text of Videotape presentation:) the Senate, the counsel to the Presi- Mrs. Manager DEMINGS. And just Mr. HOLMES. On June 27th, Ambassador dent, and all of those who are assem- like that, U.S. officials charged with Sondland told Ambassador Taylor in a phone bled here today, earlier this morning, I

VerDate Sep 11 2014 00:35 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.036 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 23, 2020 CONGRESSIONAL RECORD — SENATE S511 was on my way to the office, and I ran The phony political investigations tude to conduct diplomacy and to, spe- into a fellow New Yorker who just hap- that President Trump demanded from cifically, receive Ambassadors and pens to work here in Washington, DC. Ukraine were part of a scheme to sabo- other public Ministers. The President He said to me: Congressman, have tage a political rival—Joe Biden—and decides which head-of-state meetings you heard the latest outrage? cheat in the 2020 election. No national best advance the national interests and I wasn’t really sure what he was talk- interest was served. The President used which foreign leaders are deserving of ing about. So, to be honest, I thought his awesome power to help himself and an official reception in the Oval Of- to myself, Well, the President is now not the American people. He must be fice—perhaps one of the most pres- back in town. What has Donald Trump held accountable. tigious nonreligious venues in the done now? So I said to him: What out- The President’s defenders may argue, world. rage are you talking about? as tried to, that quid In diplomacy, perception matters. He paused for a moment, and then he pro quo arrangements are a common Meetings between heads of state are said to me: Someone voted against aspect of U.S. foreign policy. Nonsense. make-or-break moments that can de- Derek Jeter on his Hall of Fame ballot. There are situations where official termine the trajectory of global events, (Laughter.) United States acts, like head-of-state and a meeting with the President of Life is all about perspective. meetings or the provision of foreign as- the United States in the Oval Office is I understand that, as House man- sistance, are used to advance the na- unquestionably monumental, particu- agers, we certainly hope we can sub- tional interests of the United States. larly for a fragile democracy like poena John Bolton and subpoena Mick That is not what happened here. Here, Ukraine. Mulvaney, but perhaps we can all agree President Trump sought to advance his The Oval Office is where foreign lead- to subpoena the Baseball Hall of Fame own personal political interests, facili- ers facing challenges at home go—like to try to figure out who, out of 397 indi- tated by Rudolph Giuliani, the human a war with Russia—in pursuit of a viduals, was the one person who voted hand grenade. strong and public demonstration of against Derek Jeter. Let’s walk through the overwhelming American support. That is especially I was thinking about that as I pre- evidence of how President Trump with- true in this particular case. The deci- pared to rise today, because what is held an official White House meeting, sion to grant or withhold an Oval Of- more American than baseball and apple which was vitally important to fice meeting to President Zelensky has pie? Perhaps the one thing that falls Ukraine, as part of a corrupt scheme to profound consequences for the national into that category is the sanctity and convince President Zelensky to an- security interests of both Ukraine and continuity of the U.S. Constitution. nounce two phony political investiga- the United States. As House managers, we are here in tions. To understand the full context of this august body because we believe it First, the Oval Office meeting Presi- President Trump’s corrupt demands to is necessary to defend our democracy. dent Trump corruptly withheld con- the Ukrainian leader, it is important Some of you may agree with us at the stitutes an official act. President to consider the geopolitical context— end of the day, and others most likely Trump chose to withhold this meeting that all of you are very familiar with— will not, but we do want to thank you for a reason. It was not some run-of- confronting the Ukrainian people. for your courtesy and for your patience the-mill meeting. It was one of the Ukraine is at war with Russia. In in extending to us the opportunity to most powerful tools he could wield in 2014, Russia annexed Crimea by force. present our case with dignity to you his role as the leader of the free world. The United States and other European and to the American people during this It would have demonstrated U.S. sup- countries rallied to Ukraine’s defense, solemn constitutional moment. port for Ukraine’s newly elected leader providing economic assistance, diplo- I want to speak for just some time on at a critical time. Ukraine is under re- matic support, and later, with strong the second official act that President lentless attack by Russian-backed sep- advocacy from this body, lethal aid. Trump used to corruptly abuse his aratists in Crimea and in the East. This support meant Russia faced con- power, which was the withholding of an Ukraine desperately needed an Oval Of- sequences for its aggression. official Oval Office meeting with the fice meeting, and President Trump Here is Ambassador Yovanovitch’s President of Ukraine. As discussed yesterday, ‘‘quid pro knew it. testimony explaining just how impor- Second, President Trump withheld quo’’ is a Latin term. It means ‘‘this tant the United States is to Ukraine. that Oval Office meeting to increase (Text of Videotape presentation:) for that.’’ President Trump refused to schedule pressure on Ukraine to assist his re- Amb. YOVANOVITCH. The U.S. relation- that Oval Office meeting until the election campaign by announcing two ship for Ukraine is the single most impor- phony investigations. As my colleagues tant relationship, and so I think that Presi- Ukrainian leader announced the phony dent Zelensky, any president, would do what political investigations that he de- have detailed extensively throughout the day, this is a classic quid pro quo. they could to lean in on a favor request. I’m manded on July 25. He knew President not saying that that’s a yes, I’m saying they Third, multiple administration offi- Zelensky needed the meeting to bolster would try to lean in and see what they could his standing. He knew that Ukraine cials, including the President’s own do. was a fragile democracy. He knew that handpicked supporters and appointees, Mr. GOLDMAN. Fair to say that a presi- President Zelensky needed the meeting confirmed that a corrupt exchange was dent of Ukraine that is so dependent on the United States would do just about anything to show Vladimir Putin that he had the being sought. Finally, contemporaneous docu- within his power to please the president of support of Donald Trump, but Presi- mentation makes clear that the Presi- the United States if he could? dent Trump exploited that desperation dent corruptly abused his power to ad- Amb. YOVANOVITCH. If he could. I’m sure for his own political benefit—this for there are limits, and I understand there were vance the scheme to try and cheat in that. Did a quid pro quo exist? The an- a lot of discussions in the Ukrainian govern- the 2020 election—this for that. swer is yes. ment about all of this, but yeah, we are an Let’s listen to Ambassador Sondland Let’s explore whether the granting or important relationship on the security side on this point. the denial of an Oval Office meeting and on the political side. And so, the presi- (Text of Videotape presentation:) constitutes an official act. dent of Ukraine, one of the most important As we discussed earlier today, an functions that individual has is to make sure Amb. SONDLAND. I know that members of the relationship with the U.S. is rock solid. this committee frequently frame these com- abuse of power occurs when the Presi- plicated issues in the form of a simple ques- dent exercises his official power to ob- Mr. Manager JEFFRIES. But it isn’t tion. Was there a quid pro quo? As I testified tain a corrupt personal benefit while just the relationship itself. It was a previously with regard to the requested ignoring or injuring the national inter- public meeting in the White House that White House call and the White House meet- ests. would show U.S. support for Ukraine. ing, the answer is yes. Pursuant to the Constitution and A meeting with the President of the Mr. Manager JEFFRIES. Did Presi- more than 200 years of tradition, as United States in the Oval Office is one dent Trump abuse his power and com- President, Donald Trump is America’s of the most forceful diplomatic signals mit an impeachable offense? The an- head of state and chief diplomat. Arti- of support that the United States can swer is yes. cle II grants the President wide lati- send.

VerDate Sep 11 2014 00:35 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.038 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S512 CONGRESSIONAL RECORD — SENATE January 23, 2020 Veteran diplomat George Kent testi- asked about a White House visit three sure. As leverage, he chose the White fied to this. times. As part of that brief congratula- House meeting he dangled during his (Text of Videotape presentation:) tory call, President Trump himself did April 21 call, precisely because Presi- Mr. KENT. New leaders, particularly coun- extend an invitation. Ukraine’s depend- dent Trump knew how important the tries that are trying to have good footing in ence on the United States and its des- meeting was to Ukraine. the international arena, see a meeting with perate need for a White House meeting Following their visit to Kyiv for the the US president in the Oval Office at the created an unequal power dynamic be- new Ukrainian leader’s inauguration, White House as the ultimate sign of endorse- tween the two Presidents. Ambassador Sondland, Ambassador ment and support from the United States. As Lieutenant Colonel Vindman tes- Volker, and Secretary Perry met with Mr. Manager JEFFRIES. President tified, it is that unequal power dy- President Trump, and each of them en- Zelensky was a newly elected leader. namic that turned any subsequent re- couraged the President to schedule the He was swept into office on the pledge quest for a favor from the President meeting. Here is what Ambassador to end pervasive corruption. He also into a demand. Sondland had to say. had a mandate to negotiate an end to (Text of Videotape presentation:) (Text of Videotape presentation:) the war with Russia. To achieve both The CHAIRMAN. Colonel, you’ve described Amb. SONDLAND. We advised the presi- goals, he needed strong U.S. support, this as a demand, this favor that the Presi- dent of the strategic importance of Ukraine particularly from President Trump, dent asked. What is it about the relationship and the value of strengthening the relation- which Zelensky sought in the form of a between the President of the United States ship with President Zelensky. To support White House meeting. and the President of Ukraine that leads you this reformer, we asked the White House for David Holmes, political counselor to to conclude that when the President of the two things. First, a working phone call be- the Embassy in Kyiv, described the United States asks a favor like this, it’s real- tween Presidents Trump and Zelensky, and particular importance of a White House ly a demand? second, a working oval office visit. In our visit to Ukraine in the context of its Lieutenant Colonel VINDMAN. Chairman, view, both were vital to cementing the US- the culture I come from, the military cul- war with Russia. Ukraine relationship, demonstrating support ture, when a senior asks you to do some- for Ukraine in the face of Russian aggression (Text of Videotape presentation:) thing, even if it’s polite and pleasant, it’s and advancing broader US foreign policy in- Mr. HOLMES. It is important to under- not—it’s not to be taken as a request, it’s to terests. stand that a White House visit was critical be taken as an order. Mr. Manager JEFFRIES. So even to President Zelensky. President Zelensky In this case, the power disparity between needed to show U.S. support at the highest the two leaders, my impression is that, in though this meeting was critical to levels in order to demonstrate to Russian order to get the White House meeting, Presi- both Ukraine and America, President President Putin that he had U.S. backing, as dent Zelensky would have to deliver these Trump ignored all of his policy advis- well as to advance his ambitious investigations. ers and expressed reluctance to meet anticorruption agenda at home. Mr. Manager JEFFRIES. Ambassador with the new Ukrainian President. He Mr. Manager JEFFRIES. In other Gordon Sondland, Trump appointee, refused to schedule an actual date. words, Ukraine knew that Russia was also acknowledged the importance of He claimed that Ukraine ‘‘tried to watching carefully. this power disparity and how it made take me down’’ in 2016 and directed That was particularly true in the President Zelensky eager to satisfy that three U.S. officials ‘‘talk to spring of 2019, when Donald Trump President Trump’s wishes. Rudy.’’ And even though on May 29 the launched the scheme at the center of (Text of Videotape presentation:) President signed a letter reiterating the abuse of power charge. Mr. GOLDMAN. Holmes then said that he his earlier invitation for President During this time period, Vladimir heard President Trump ask, quote, ‘‘is he,’’ Zelensky to visit the White House, he Putin was preparing for peace negotia- meaning Zelensky, ‘‘going to do the inves- still did not specify a date. tions with the new Ukrainian leader. tigation?’’ To which you replied, ‘‘he’s going But then President Trump went fur- Putin could choose to escalate or he to do it.’’ And then you added that President ther. He met with Ukraine’s adversary, could choose to deescalate Russian ag- Zelensky will do anything that you, meaning Ukraine’s enemy, our enemy. President gression. And influencing his decision President Trump, ask him to. Do you recall Trump met with Russia. was an assessment of whether Presi- that? This didn’t go unnoticed. Ukrainian dent Trump had Ukraine’s back. Ambassador SONDLAND. I probably said something to that effect because I remember officials became concerned when Presi- (Text of Videotape presentation.) the meeting—the President—or President dent Trump scheduled that face-to-face Amb. TAYLOR. The Russians, as I said in Zelensky was very—‘‘solicitous’’ is not a meeting with Vladimir Putin at the my deposition, ‘‘would love to see the humil- good word. He was just very willing to work G20 summit in Japan on June 28. iation of President Zelensky at the hands of with the United States and was being very Mr. Holmes testified on this par- the Americans.’’ amicable. And so putting it in Trump speak ticular point and the troubling signal Mr. Manager JEFFRIES. An Oval Of- by saying he loves your ass, he’ll do what- that meeting sent to our friend, to our fice meeting would have sent a strong ever you want, meant that he would really ally, Ukraine. work with us on a whole host of issues. signal of support that President Trump (Text of Videotape presentation:) had Ukraine’s back. The absence of Mr. GOLDMAN. He was not only willing. He was very eager, right? Mr. HOLMES. Also, on June 28th, while such a meeting could be devastating. Ambassador SONDLAND. That’s fair. President Trump was still not moving for- Indeed, Ukraine made very clear to the Mr. GOLDMAN. Because Ukraine depends ward on a meeting with President Zelensky, United States just how important a on the United States as its most significant we met with . . . He met with Russian Presi- White House meeting between the two ally. Isn’t that correct? dent Putin at the G20 Summit in Osaka, heads of State was for its fragile de- Ambassador SONDLAND. One of its most, Japan, sending a further signal of lack of mocracy. absolutely. support to Ukraine. At the deposition, as the one on the Mr. Manager JEFFRIES. In other Mr. Manager JEFFRIES. Now, let’s screen reveals, LTC Alexander words, any request President Trump discuss how exactly President Trump Vindman, the director for Ukraine on made to Ukraine would be difficult to used the withholding of the White the National Security Council, recalled refuse. House meeting to pressure Ukraine for that following President Zelensky’s in- So when President Trump asked his phony investigations—his quid pro auguration, at every single meeting Ukraine to investigate Joe Biden, as quo scheme. with Ukrainian officials, they asked well as the wild conspiracy theory It is important to understand that their American counterparts about the about the 2016 election, those were ab- the pressure exerted on Ukraine by de- status of an Oval Office meeting be- solutely interpreted by President laying the White House meeting didn’t tween the two Presidents. Zelensky and his staff as a demand. just occur right before the July 25 call. Initially, the Ukrainians had reason And that is where the White House That pressure existed during the entire to be optimistic that a White House meeting enters into the equation. scheme, and it continues to this day. meeting would be promptly scheduled. When Ukraine did not immediately We know this from the efforts of ad- On April 21, during President cave to Rudy Giuliani in the spring and ministration officials to secure the Zelensky’s first call with President announce the phony investigations, meeting and from the Ukrainians con- Trump, the new Ukrainian leader President Trump ratcheted up the pres- tinuously trying to lock down a date.

VerDate Sep 11 2014 00:35 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.040 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 23, 2020 CONGRESSIONAL RECORD — SENATE S513 For example, even after President Mr. HOLMES. And although the hold on told Ambassador Taylor that he ad- Trump expressed reluctance about the security assistance may have been lifted, vised Zelensky that President Trump Ukraine on May 23, his administration there were still things they wanted that they ‘‘would like to hear about the inves- officials continued working to secure a weren’t getting, including a meeting with tigations.’’ the President in the Oval Office. Whether the White House meeting. hold, the security assistance hold continued In addition to Ambassador Volker’s On July 10, for instance, they raised or not, the Ukrainians understood that direct outreach to President Zelensky, it again when Mr. Yermak and that’s something the President wanted and Ambassador Sondland continued to Ukraine’s national security advisor they still wanted important things from the apply pressure as well during two met with John Bolton at the White President. That continues to this day. We White House meetings that took place House. have to be very careful. They still need us on July 10 with Ukrainian officials. (Text of Videotape presentation:) now going forward. The first meeting included National Dr. HILL. And then we knew that the In fact, right now President Zelensky is Security Advisor John Bolton, Dr. trying to arrange a summit meeting with Ukrainians would have on their agenda, in- Fiona Hill, LTC , evitably, the question about a meeting. As President Putin in the coming weeks, his first face-to-face meeting with him to try to Secretary , Ambassador we get through the main discussion, we are Volker, as well as Bolton’s Ukrainian going into that wrap-up phase. The Ukrain- advance the peace process. He needs our sup- ians, Mr. Danylyuk, starts to ask about a port. He needs President Putin to understand counterpart and Ukrainian Presi- White House meeting and Ambassador that America supports Zelensky at the high- dential aide Andriy Yermak. Bolton was trying to parry this back. est levels. So this doesn’t end with the lift- After discussion on Ukraine’s na- ing of the security assistance hold. Ukraine Mr. Manager JEFFRIES. As you have tional security reform plans, Ambas- still needs us, and as I said, still fighting this sador Sondland broached the subject of seen, President Zelensky didn’t just war this very day. raise the Oval Office meeting on his the phony political investigations. Mr. Manager JEFFRIES. Let’s evalu- Fiona Hill, who also attended the April 21 call, he raised the meeting on ate exactly how President Trump made meeting, recalled that Ambassador the July 25 call with President Trump clear to Ukraine that a White House Sondland blurted out the following in again. meeting was conditioned on Ukraine President Zelensky said on the July that meeting with the Ukrainians: announcing two phony political inves- ‘‘Well, we have an agreement with the 25 call: ‘‘I also wanted to thank you for tigations that would help with Presi- your invitation to visit the United Chief of Staff for a meeting if these in- dent Trump’s reelection in 2020—help vestigations in the energy sector States, specifically Washington, DC.’’ him cheat and corrupt our democracy. After the July 25 call, the Ukrainians start.’’ That is code for Burisma, which By the end of May, it was clear that is code for the Bidens. continued to press for the meeting, but President Trump’s pressure campaign that meeting never happened. Ambassador Volker also recalled that to solicit foreign election interference Ambassador Sondland raised the issue Only on September 25, after the wasn’t working. President Zelensky House announced its investigation into of the 2016 election and Burisma inves- had been elected and was rebuffing Mr. tigations. Ambassador Volker found the President’s misconduct as it re- Giuliani’s overtures. Even when Presi- lates to Ukraine and the existence of a Ambassador Sondland’s comments in dent Trump directed his official staff that meeting to be inappropriate. whistleblower complaint became pub- to work with Mr. Giuliani in an effort lic, did President Trump and President (Text of Videotape presentation:) to get President Zelensky to announce Ambassador VOLKER. I participated in the Zelensky meet face-to-face for the first the two phony political investigations, time. That meeting was on the side- July 10 meeting between National Security that didn’t work. So President Trump Advisor Bolton and then-Chairman of the lines of the U.N. General Assembly in apparently realized that he had to in- National Security Defense Council, Alex New York. It was dominated by public crease the pressure. That is when he Danyliuk. As I remember, the meeting was release of the July 25 call record that explicitly made clear to Ukraine that essentially over when Ambassador Sondland occurred the day before. It was a far it would not get the desperately sought made a general comment about investiga- cry from the demonstration of strong tions. I think all of us thought it was inap- after Oval Office meeting unless Presi- propriate. support that would have been achieved dent Zelensky publicly announced the Mr. Manager JEFFRIES. The ex- by an Oval Office meeting. phony investigations that President Even President Zelensky recognized change underscores that by early July, Trump sought. that a face-to-face talk on the sidelines President Trump’s demand for inves- On July 2, 2019, Ambassador Volker of the United Nations General Assem- tigations had come to totally dominate personally communicated the need for bly was not the same as an official almost every aspect of U.S. foreign pol- investigations directly to President Oval Office meeting. Sitting next to icy toward Ukraine. Securing a Zelensky during a meeting in Toronto. President Trump in New York, he (Text of Videotape presentation:) Ukrainian commitment to do inves- again raised a White House meeting. tigations was a major priority of senior Ambassador VOLKER. After weeks of reas- Here is what President Zelensky said: suring the Ukrainians that it was just a U.S. diplomats, as directed by Presi- (Text of Videotape presentation:) scheduling issue, I decided to tell President dent Donald John Trump. President ZELENSKY. And I want to Zelensky that we had a problem with the in- The July 10 meetings also confirmed thank you for the invitation to Washington. formation reaching President Trump from that the scheme to pressure Ukraine You invited me, but I think—I’m sorry, but Mayor Giuliani. I did so in a bilateral meet- into opening investigations was not a I think you forgot to tell me the date. But I ing at a conference on Ukrainian economic rogue operation but one blessed by sen- think in the near future. reform in Toronto on July 2, 2019, where I led ior administration officials at 1600 Mr. Manager JEFFRIES. President the U.S. delegation. Pennsylvania Avenue. As Ambassador I suggested that he call President Trump Trump was not just withholding a Sondland testified, ‘‘Everyone was in small thing; the Oval Office meeting directly in order to renew their personal re- lationship and to assure President Trump the loop.’’ was a big deal. Ukraine remains at war that he was committed to investigating and Mr. Majority Leader, based on the with Russia. It desperately needs our fighting corruption, things on which Presi- statement that we should break at support. As a result, the pressure on dent Zelensky had based his Presidential around 6:30 p.m., I ask your indulgence. Ukraine not to upset President campaign. I was convinced that getting the This may be a natural breaking point Trump—who still refuses to meet with two Presidents to talk with each other would in connection with my presentation. President Zelensky in the Oval Office— overcome the negative perception of Ukraine The CHIEF JUSTICE. The majority continues to this day. that President Trump still harbored. leader. Mr. Manager JEFFRIES. After Am- David Holmes testified that the f Ukrainian Government wants an Oval bassador Volker instructed President Office meeting even after the release of Zelensky in Toronto on what to do, he RECESS the security assistance and that our updated Ambassador Taylor on his ac- Mr. MCCONNELL. Mr. Chief Justice, own U.S. national security objectives tions. He told Ambassador Taylor that I ask unanimous consent that we have would also benefit from such a meet- he had counseled the Ukrainian Presi- a break for 30 minutes. ing. dent on how to ‘‘prepare for the phone There being no objection, at 6:24 (Text of Videotape presentation:) call with President Trump.’’ He also p.m., the Senate, sitting as a Court of

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