H. Res. 755, Articles of Impeachment Against President Donald J. Trump Volume Xi
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MARKUP OF: H. RES. 755, ARTICLES OF IMPEACHMENT AGAINST PRESIDENT DONALD J. TRUMP VOLUME XI HEARING BEFORE THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION DECEMBER 11–13, 2019 Serial No. 116–69 Printed for the use of the Committee on the Judiciary ( Available http://judiciary.house.gov or www.govinfo.gov U.S. GOVERNMENT PUBLISHING OFFICE 39–411 WASHINGTON : 2020 VerDate Sep 11 2014 18:18 Jan 21, 2020 Jkt 039411 PO 00000 Frm 00003 Fmt 5011 Sfmt 5011 E:\HR\OC\39411P1.XXX 39411P1 tkelley on DSKBCP9HB2PROD with HEARING COMMITTEE ON THE JUDICIARY JERROLD NADLER, New York, Chairman ZOE LOFGREN, California DOUG COLLINS, Georgia, Ranking Member SHEILA JACKSON LEE, Texas F. JAMES SENSENBRENNER, JR., STEVE COHEN, Tennessee Wisconsin HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia STEVE CHABOT, Ohio THEODORE E. DEUTCH, Florida LOUIE GOHMERT, Texas KAREN BASS, California JIM JORDAN, Ohio CEDRIC L. RICHMOND, Louisiana KEN BUCK, Colorado HAKEEM S. JEFFRIES, New York JOHN RATCLIFFE, Texas DAVID N. CICILLINE, Rhode Island MARTHA ROBY, Alabama ERIC SWALWELL, California MATT GAETZ, Florida TED LIEU, California MIKE JOHNSON, Louisiana JAMIE RASKIN, Maryland ANDY BIGGS, Arizona PRAMILA JAYAPAL, Washington TOM MCCLINTOCK, California VAL BUTLER DEMINGS, Florida DEBBIE LESKO, Arizona J. LUIS CORREA, California GUY RESCHENTHALER, Pennsylvania MARY GAY SCANLON, Pennsylvania, BEN CLINE, Virginia Vice-Chair KELLY ARMSTRONG, North Dakota SYLVIA R. GARCIA, Texas W. GREGORY STEUBE, Florida JOE NEGUSE, Colorado LUCY MCBATH, Georgia GREG STANTON, Arizona MADELEINE DEAN, Pennsylvania DEBBIE MUCARSEL-POWELL, Florida VERONICA ESCOBAR, Texas PERRY APELBAUM, Majority Staff Director & Chief Counsel BRENDAN BELAIR, Minority Staff Director (II) VerDate Sep 11 2014 18:18 Jan 21, 2020 Jkt 039411 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 E:\HR\OC\39411P1.XXX 39411P1 tkelley on DSKBCP9HB2PROD with HEARING C O N T E N T S VOLUME XI DECEMBER 11–13, 2019 A. SUPPLEMENTAL Page Article, Wall Street Journal, Rick Perry Called Rudy Giuliani at Trump’s Direction on Ukraine Concerns, October 16, 2019 ............................................ 1 Article, BBC, Ukraine’s Deadliest Day: The Battle of Ilovaisk, August 2014, August 29, 2019 .................................................................................................... 8 Report, CRS, Ukraine: Background, Conflict with Russia, and U.S. Policy, September 19, 2019 .............................................................................................. 17 Article, Defense News, US State Department Clears Ukraine Security Assist- ance Funding. Is the Pentagon Next?, September 12, 2019 ............................. 60 Factsheet, U.S. Foreign Aid by Country, USAID, September 23, 2019 .............. 62 Article, Washington Post, Trump Defends Call With Ukrainian President, Calling it ‘‘Perfectly Fine and Routine,’’ September 21, 2019 .......................... 63 Article, Washington Post, Trump Promised Zelensky a White House Meeting. More Than a Dozen Other Leaders Got One Instead, December 13, 2019 ..... 67 Article, CBS News, Trump Quotes Sondland Quoting Him: ‘‘I Want Nothing. I want No Quid Pro Quo, November 20, 2019 ................................................... 76 Article, New York Times, Giuliani, Facing Scrutiny, Travels to Europe to Interview Ukrainians, December 4, 2019 .......................................................... 80 Article, Washington Post, Ukraine Lawmaker Seeking Biden Probe Meets with Giuliani in Kyiv, December 5, 2019 ........................................................... 83 Article, Washington Post, Giuliani May be Making a Stronger Case Against Trump Than Biden, December 16, 2019 ............................................................ 91 Tweet by Rudy Giuliani on the Impeachment Inquiry, December 5, 2019 ......... 100 Tweet by Donald Trump, December 4, 2019 ......................................................... 101 Article, NBC New, Trump Tweeted as Maria Yovanovitch Testified: Was it Witness Tampering?, November 16, 2019 ...................................................... 102 Tweet by Trump War Room, December 26, 2019 .................................................. 106 Report, GAO, Decision in the Matter of: Office of Management and Budget— Withholding of Ukraine Security Assistance, January 16, 2020 ...................... 107 Report, US House of Representatives, H. Rept. 105–795 Investigatory Powers of the Committee on the Judiciary with Respect to its Impeachment In- quiry, October 7, 1998 .......................................................................................... 116 Fact Sheet, European Commission, EU Aid Explorer: Donors, Updated Janu- ary 16, 2020 .......................................................................................................... 164 Article, National Law Journal, DOJ Tells ‘‘Unelected and Unaccountable’’ Judges to Stay Out of Fight for McGahn Testimony, January 3, 2020 ........... 165 Article, USA Today, ‘‘Food fight’’ or congressional oversight? Appeals court weighs whether to enforce subpoenas issued in impeachment inquiry, Janu- ary 3, 2020 ............................................................................................................ 170 Letter, Rudy Guiliana to Volodymyr Zelensky, May 10, 2019 ............................. 174 Letter, Letter from Senators to President Poroshenko, February 12, 2019 ....... 175 Letter from Chairman Eliot L. Engel (HFAC), Chairman Adam Schiff (HPSCI), and Chairman Elijah Cummings (HCOR), to Pat Cipollone (White House), September 9, 2019 .................................................................................. 177 (III) VerDate Sep 11 2014 18:18 Jan 21, 2020 Jkt 039411 PO 00000 Frm 00005 Fmt 5904 Sfmt 5904 E:\HR\OC\39411P1.XXX 39411P1 tkelley on DSKBCP9HB2PROD with HEARING 1 1116/2020 Rick Perry Called Rudy Giuliani at Trump's Direction on Ukraine Concerns - WSJ Thi• copy ia for your p•r1on1I, non-comm•rclal UH only. To order presentatlon-ready copies for distribution to your colleagues,• clients or customers visit http1://www.djr•print1.com https:/fwww.wsj.com/a rtic!es/rick-perry-ca !led-rudy-giu liani-at-trumps-d irection-on-ukra ine-co ncerns-115 71273635 + WSJ NEWS EXCLUSIVE I POLITICS Rick Perry Called Rudy Giuliani at Trump's Direction on Ukraine Concerns President's lawyer said Ukraine had worked to hurt Trump in 2016 election, energy secretary says in interview Secretary of Energy Rick Perry at the Energy Department's offices in Washington, D.C., on Wednesday. PHOTO: STE PH EN VOSS FOR THE WALL STREET JOURNAL By Timothy Puko and Rebecca Ballhaus Updated Oct.16, 2019 9:33 pm ET WASHINGTON-Energy Secretary Rick Perry said he sought out Rudy Giuliani this spring at President Trump's direction to address Mr. Trump's concerns about alleged Ukrainian corruption, a sign of how closely the president's personal lawyer worked with the administration on Ukraine policy. Mr. Perry, in an exclusive interview with The Wall Street Journal, said he contacted Mr. Giuliani in an effort to ease a path to a meeting between Mr. Trump and his new Ukrainian counterpart. He said Mr. Giuliani described to him during their phone call several concerns about Ukraine's alleged interference in the 2016 U.S. election, concerns that haven't been substantiated. https://www.wsj.com/artic!es/rick-perry-cal!ed-rudy-giu!iani-at-trumps-dlrection-on-ukraine-concerns-11571273635?ns=prod/accounts-wsj 117 JA 39-411 01/21/2020 2 1/16/2020 Rick Perry Called Rudy Giuliani at Trump's Direction on Ukraine Concerns - WSJ Mr. Perry also said he never heard the president, any of his appointees, Mr. Giuliani or the Ukrainian regime discuss the possibility of specifically investigating former Vice President Joe Eiden, a Democratic presidential contender, and his son Hunter Eiden. Mr. Trump's request for a probe of the Eidens in a July 25 call with Ukraine's president has sparked the impeachment inquiry in the House. Mr. Giuliani, in an interview, confirmed the spring phone call and said he was telling Mr. Perry to be careful with regards to the new Ukrainian president, Volodymyr Zelensky. "Everything I said there I probably said on television 50 times,'' he said. Mr. Giuliani has repeatedly accused Ukraine of interfering in the election on Democrat Hillary Clinton's behalf, allegations that Democratic lawmakers and others say are a way to undermine U.S. intelligence agencies' conclusion that Russia interfered in the 2016 election on Mr. Trump's behalf-a finding about which the president has repeatedly expressed skepticism. Mr. Perry's phone call to Mr. Trump and Ukraine: A Guide to the Key Players Giuliani came after a May meeting at the White House following the inauguration of the Ukrainian president. U.S. officials at that meeting, including Mr. Perry and Kurt Volker, the U.S. envoy for Ukraine negotiations, urged Mr. Trump to meet his new counterpart. Mr. Trump told officials there that they needed to work with Mr. Giuliani to resolve his concerns before he would agree to such a meeting, VALENTYN OGIRENKO/REUTERS according to people familiar with the matter. Mr. Trump said he wasn't comfortable that the Ukrainians had "straightened up their act," a concern that Mr. Perry later understood to be related to Mr. Trump's 2016 campaign, Mr. Perry said, quoting Mr. Trump. "Visit with Rudy,'' Mr. Perry said the president told him. Mr. Perry has served as one of the Trump administration's top liaisons with the new Ukrainian administration, a role that has made