Witness in Trump-Ukraine Matter Ordered Not to Speak in Impeachment Inquiry

[BumRushDaShow]

Last edited Tue Oct 8, 2019, 11:57 AM - Edit history (2)

Source: New York Times

WASHINGTON -- The Trump administration directed a top American diplomat involved in its pressure campaign on Ukraine not to appear Tuesday morning for a scheduled deposition with House Democrats conducting an impeachment inquiry, according to two people briefed on the matter.

The decision to block Gordon D. Sondland, the United States ambassador to the European Union, from speaking with investigators is certain to provoke an immediate conflict with potentially profound consequences for the White House and President Trump. House Democrats have repeatedly warned that if the administration tries to interfere with their investigation, it will be construed as obstruction, a charge they see as potentially worthy of impeachment.

But in making the decision on Tuesday, hours before he was scheduled to sit for a deposition in the basement of the Capitol, the Trump administration appears to be making the calculation that it is better off risking the House's ire than letting Mr. Sondland show up and set a precedent for cooperation with an inquiry they have strenuously argued is illegitimate.

Mr. Sondland has become enmeshed in the burgeoning scandal into how the president sought to push the Ukrainians to investigate his political rivals. Although Ukraine is not in the union, Mr. Trump instructed Mr. Sondland -- a wealthy hotelier and campaign contributor -- to take a lead in relations between the Trump administration and the country. Democrats consider him a key witness to what transpired between the two countries.

Read more: https://www.nytimes.com/2019/10/08/us/politics/sondland-trump-ukraine-impeach.html

---

Of course.

EDIT TO ADD - I am not sure if he was actually subpoenaed. I.e., I think he originally "volunteered" (along with Volker). And if that is the case, then they will probably have to officially subpoena him. I guess we will find out later this morning with any press Schiff press conference.

EDIT #2: The House panels will be issuing subpoenas to Sondland - https://www.democraticunderground.com/10142378322

[dhill926]

1. fuck this shit....

time to play some hardball here....by whatever means available....

[BumRushDaShow]

5. I may be wrong

but they might have a list to send subpoenas to and may run through the list first before going into some kind of penalty phase for any earlier ones who did not comply.

I would note that they did have hearings for at least 1 or 2 who actually came in and testified last Thursday I think (in closed door sessions) including Volker I believe. That testimony (and associated documents) was partly where the text messages excerpts came from.

[Laura PourMeADrink]

38. But he had quit

[BumRushDaShow]

43. Yes the argument has been that since Volker quit

he would not be impacted by the broad "Executive Privilege" nonsense (although that broad interpretation had earlier been attempted I think during the Mueller investigation and was rebuffed).

Sondland is still an employee as are the whistle-blowers.

[Hal Zerozerozeronine]

10. Hey, the Trumpanzees have no problem breaking the law,

so___

[olegramps]

17. We must face the facts that our democratic freedoms are in serious jeopardy.

The assault is by the entirety of the Republican Party led by a sociopath at the helm. Democrats and citizens who care about the nation must come to the realization that the Republicans will result to outright lawlessness to achieve their goals of the subjugation of the nation's citizens. What ever means are necessary to protect and preserve the rights bought with the blood of our nation's founders are fully justified if they continue their onslaught against the rule of law. They are in fact turning our society into a lawless cesspool with only one result. Its subjugation to a president with unlimited authoritarian powers who is answerable to no one.

This is the path that the Republicans have been determined to follow in which they have employed fascist tactics since the Nixon presidency. Each succeeding Republican administration has been engulfed in lawlessness with numerous of their cadre in prison. This has not deterred them and is reaching a climax in which they are so brazen that they have no qualms in challenging even the Constitution upon which the nation was founded. The threat to our nation is not from without, but from within. The same factors that have taken down those governments that have gone before us.

[Mike 03]

2. Inherent Contempt?

[MyOwnPeace]

35. F'n A!!!!!!!!!!!

LOCK 'EM UP!
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[highplainsdem]

3. Joyce White Vance: This is obstruction of Congress and warrants impeachment.

Link to tweet

[still_one]

12. Of course it does, along with other things, but if he is being blocked from giving

testimony this has to be taken to the courts immediately because the administration is preventing Congress from doing its job

[ScratchCat]

4. But he agreed

Its his decision, not theirs. Wtf?

[BumRushDaShow]

8. Have been searching through articles and he supposedly "volunteered"

and if that is the case and a subpoena wasn't issued, then that will probably end up being the next step.

[gab13by13]

6. Is anyone surprised?

[demmiblue]

7. Interesting Twitter thread:

Link to tweet

Ex StateDep 44admin official tells me that Sondland told the Ukrainians Trump may nominate him (Sondland) for SecState after Pompeo leaves

and that he reported directly to Trump, and that is why they should listen to him and do what he was saying.

How this person understood Sondland Trump deal reminded me of what read of Trump & Elliot Broidy. donor with special access to potus

(hadn’t totally understood before why Sondland felt so empowered.)

Update: Trump admin orders Sondland not to appear. The White House?

Trump administration tells Sondland not to appear https://nytimes.com/2019/10/08/us/politics/sondland-trump-ukraine-impeach.html?smid=nytcore-ios-share

Would Trump WH order Sondland not to appear if the info he was supposed to protect is that Trump directed him

Officially, State Dept directs Sondland not to appear. Wonder if it will turn out the White House directed the order

Breaking — Ambassador Gordon Sondland has been told by the State Department to not appear this morning before the House regarding his role in the Ukraine scandal. His attorney said he has no choice but to comply.

HPSCI: Chairman Schiff will speak to reporters at 9:30amET regarding the testimony of Gordon Sondland and the impeachment inquiry.

[sdfernando]

46. "His attorney said he has no choice but to comply. " Not true!

He does have a choice.....the choice is to honor the oath he took and damn the consequences or slink down into the cesspool of corruption that is running the country right now.

First choice is hard and takes honor and character and a deep abiding love of your country. But a true patriot would say it was an easy choice.

Second choice is easy and takes nothing but avarice.

[subana]

9. relations between trump & country

Although Ukraine is not in the union, Mr. Trump instructed Mr. Sondland — a wealthy hotelier and campaign contributor — to take a lead in relations between the Trump administration and the country.

but which country? It seems like fat Donnie does things more in favor of Russia than this country!!

also, innocent people don't tend to ignore subpoenas! If they're still trying to say they've done nothing wrong, this is a terrible way to try to prove it!!

[still_one]

11. Yup, this is a major, and needs to be taken to the courts immediately because it is

denying Congress the right to perform their duty

[BumRushDaShow]

13. I edited the OP to note that I don't think they actually sent him a subpoena

because he and Volker "volunteered" (and Volker did show up and testify last week). So they may have to subpoena him "officially" to put on the record as their intent to compel.

[still_one]

15. Thanks. Appreciate the update. The WP is reporting this as the State Department is

directing him NOT to appear be for Congress. He is the U.S. ambassador to the EU

You are right, they need to issue immediate subpoenas

[BumRushDaShow]

18. Schiff just started speaking now

(I am seeing it on MSNBC)

[Bernardo de La Paz]

14. All they got is delay, obfuscate, propagandize, deny, lie, litigate, evade, delay, obfuscate, propag

[Hotler]

32. And we have nothing but...

hollow words to fight with.

[Bernardo de La Paz]

62. Nonsense. . . . nt

[beachbumbob]

16. official subpeonas NEED to be issued, its pure BS to accept "volunteer" committments

elevate this to a legal standing and use the fricken house rules and power we elected you people in 2018 to use. God, if you need to google your power , do so

[BumRushDaShow]

21. I would disagree

That's now how it works. You don't bully people who are willing to come forward. We all know the group closest to Drumpf is generally corrupt but the rest are often civil servants (like the whistle-blowers) who want to present what they have without having to be compelled.

[Laura PourMeADrink]

40. Lewandowski was supposedly willing but got

subpoena anyway. ??

[BumRushDaShow]

47. Since Lewandowski was a "known" problem and was a former Campaign Manager

it was assumed he might be a "hostile witness" (using that parlance). Sondland seemed to be an "unknown" here revealed mainly after the whistle-blower came forward so was given the benefit of the doubt. They now know his role and extent...

But it was mentioned in this post - https://www.democraticunderground.com/10142378149#post29 that he is claiming he still "wants" to testify but has been forbidden.

From the content of that post (which included an excerpt from a paywalled WSJ article) -

/snip

Robert Luskin, a lawyer for Mr. Sondland, said his client, who traveled to Washington from Brussels for the deposition, was “profoundly disappointed” not to be able to testify and that he “stands ready to testify on short notice, whenever he is permitted to appear.”

/snip

https://www.wsj.com/articles/state-department-directs-gordon-sondland-not-to-appear-for-house-testimony-lawyer-says-11570538414

[RobinA]

55. But If I'm

the civil servant with something to say and my employer tells me not to testify, aren't I going to tell the investigator to subpoena me so I don't have a choice?

[BumRushDaShow]

58. In this case, Sondland is an appointee

But I think the answer for how others who are not appointees respond, might be instructive in the future.

Usually in the case of civil servants asked to testify, the agency provides a lawyer from their legal office. It is extremely rare if not unprecedented that if Congress (or even a court/grand jury) demands testimony, that such is refused.

I know at the agency that I worked for before retiring, we were all fearful of that subpoena from anyplace related to our work (and hoped that stuff would get settled before any need)!

[docgee]

19. He could still quit and show up anyway, right?

[BumRushDaShow]

23. He was part of the "brains" behind the Ukraine operation

completely knee-deep in the muck it seems (he is NOT "honorable" ), so I don't think he has felt enough of the fire yet to bail...

I.e., it's like someone lifted up a rock and discovered a huge roach under there that had been hiding...

[cstanleytech]

20. Unless he was subpoenaed the Repugnants will argue its not obstruction so our people in the House

need to get on the ball and stop asking people to testify and start issuing subpoenas as then at that point a charge of obstruction has a better chance at working.

[bobbieinok]

22. How is such an order even legal or constitutional? We USED to have 'separation of powers'

[BumRushDaShow]

24. It's that same "Executive Privilege" thing that Nixon invoked 45 years ago.

And back then, the SCOTUS agreed that such a broad application was never intended by the founders.

[cstanleytech]

25. Don't forget unless he subpoenaed as well it might not legally be obstruction

to order him not to testify.
That is why in my opinion the House needs to start issuing subpoenas to all witnesses with offers of limited immunity with the provision that it can be revoked should they lie.

[BumRushDaShow]

27. Yup. That's why I edited the OP comment section to mention that

I had scanned some articles and found one from last week that indicated that he had "volunteered" and had not been subpoenaed (other major news articles just didn't bother to differentiate this) -

Diplomat and Oregon businessman Gordon Sondland will voluntarily testify next week on Trump-Ukraine scandal; texts released late Thursday

Updated Oct 03, 2019; Posted Oct 03, 2019

By Jeff Manning | The Oregonian/OregonLive

This story is breaking and will be updated.

Gordon Sondland, the Portland hotelier turned senior diplomat for President Donald Trump, will testify Oct. 8 before Congress as part of the Trump impeachment inquiry, a source close to Sondland confirmed Thursday. Sondland, U.S. ambassador to the European Union, will be the first current federal employee to testify.

Sondland reportedly has not been subpoenaed and will appear before Congress voluntarily.

https://www.oregonlive.com/politics/2019/10/diplomat-and-oregon-businessman-gordon-sondland-will-voluntarily-testify-next-week-on-trump-ukraine-scandal.html

(bolding mine)

[Botany]

26. Trump says he would love to let Gordon testify but those democrats don't want the facts to come out

Link to tweet

BTW Sondland had zero qualifications to be in his position outside of giving Trump 1 million $s
for his inauguration.

[BumRushDaShow]

28. Before I snapped off the TV after Schiff came on with his presser statement

I saw whoever that is on MSNBC put that tweet up.

[jayschool2013]

30. He had me at "wealthy hotelier"

That's rarely a sign of unflinching morality.

[mahatmakanejeeves]

29. TWSJ.: has also confirmed Sondland called Trump before sending his infamous text back to Bill Taylor

Good morning.

UnmatchedWisdomHat Retweeted

WSJ it appears has also confirmed that Sondland called Trump before sending his infamous text back to Bill Taylor, which Trump is quoting from this morning. https://www.wsj.com/articles/state-department-directs-gordon-sondland-not-to-appear-for-house-testimony-lawyer-says-11570538414 …

Link to tweet

POLITICS
State Department Directs Gordon Sondland Not to Appear for House Testimony
The U.S. ambassador to the EU was scheduled to testify on Tuesday over President Trump’s effort to press Ukraine for investigations of Joe Biden

By Rebecca Ballhaus
Updated Oct. 8, 2019 9:53 am ET

WASHINGTON—The State Department directed the U.S. ambassador to the European Union not to testify before House lawmakers as part of their impeachment inquiry, a lawyer for the ambassador said Tuesday.

Gordon Sondland was set to testify before House lawmakers on Tuesday about what he knew and said about President Trump’s effort to press Kyiv for investigations of Joe Biden, and whether the administration relied in doing so on promises of a White House visit or military assistance.

Robert Luskin, a lawyer for Mr. Sondland, said his client, who traveled to Washington from Brussels for the deposition, was “profoundly disappointed” not to be able to testify and that he “stands ready to testify on short notice, whenever he is permitted to appear.”

The decision by the State Department to bar Mr. Sondland’s testimony on Tuesday morning sets up a likely clash over testimony scheduled for later this week by Marie Yovanovitch, the former U.S. ambassador to Ukraine who remains a State Department employee. ... The State Department didn’t immediately respond to a request for comment.

President Trump on Tuesday morning tweeted: “I would love to send Ambassador Sondland, a really good man and great American, to testify, but unfortunately he would be testifying before a totally compromised kangaroo court, where Republican’s rights have been taken away, and true facts are not allowed out for the public to see.”

He pointed to a text message Mr. Sondland had sent another diplomat disputing any quid pro quo between military aid and Ukrainian investigations—which Mr. Sondland sent after consulting with the president—and wrote: “That says it ALL!”
....

Write to Rebecca Ballhaus at [e-mail]

[e-mail]
https://twitter.com/rebeccaballhaus

[BumRushDaShow]

33. I think that was mentioned last night on one of the MSNBC shows

where there was like a hour delay between texts when the robotic propaganda response finally got sent.

[BumRushDaShow]

31. Here is a portion of Schiff's statement this morning to the media

Link to tweet

TEXT

The Washington Post
✔
@washingtonpost

Rep. Adam Schiff on Gordon Sondland's blocked testimony: "The failure to produce this witness ... we consider yet additional, strong evidence of obstruction of the Constitutional functions of Congress."

Full remarks below (Schiff's arrival to the mic and statement starts at ~15:20) -

[mahatmakanejeeves]

39. State Department Directs Gordon Sondland Not to Appear for House Testimony

Schiff says the State Department has declined to turn over messages contained on a personal device belonging to Gordon Sondland.

Link to tweet

State Department Directs Gordon Sondland Not to Appear for House Testimony
....

Rep. Adam Schiff (D., Calif.), chairman of the House Intelligence Committee, told reporters that he was informed Tuesday morning that Mr. Sondland wouldn’t be testifying. He also said the State Department had declined to turn over messages contained on a personal device belonging to Mr. Sondland. Mr. Schiff called the State Department’s move to block Mr. Sondland from testifying and refusal to produce documents as “additional, strong evidence” of obstruction.
....

[BumRushDaShow]

45. Yes! That part about messages on a "personal device" was intriguing.

Am wondering how that was determined although I expect the texts from it may have shown up in the midst of other texts that they already have, where a text phone number from him that was interspersed in those texts, was different from his official State Department phone. Would be interesting if he then has some that were sent to Pompeo and Ghouliani (and if any were to a Pomepeo personal phone).

[DeminPennswoods]

34. This is just going into the obstruction of Congress article of impeachment

ala Nixon.

[Firestorm49]

36. Unabashed obstruction. When and how will this complete disregard for the law come to fruition?

[Laura PourMeADrink]

44. Disheartened to the hilt hearing Steve Cohen D-TN judiciary

Speak a minute ago. Rep Cohen wrote 5 Articles of Impeachment back in 2017.

CNN pressed him with the obvious. Can't get witnesses in cuz trump stonewalling. Slow-walking court cases dragging. Can add obstruction to Articles but need witnesses.

Never heard Cohen sound so hopeless. Sad. He did mention inherent contempt... but said leadership taking conservative approach and didn't know if anyone actually looking into that.

[Pepsidog]

37. Emmet Flood's fingerprints all over this. He saved Bush's presidency by simply ignoring

congress.

[BumRushDaShow]

41. Flood left and was replaced by the loathsome Cipollone but Barr is the true veteran

of obstruction and burying criminal activity (see Iran-Contra ).

[Pepsidog]

42. I knew he left but thought he was still a special counsel to the Dotard. Anyway, as an attorney,

his strategy was sound but infuriating. Thanks for the update. I don’t see how Barr hasn’t been disciplined or disbarred due to his actions misleading the public.

[BumRushDaShow]

48. Barr belongs in jail.

[pangaia]

49. Who in the world writes vanilla ice cream articles like this?

All the time, over and over... stupid. It's like playing a Brahms symphony with all the melodic material left ouot.

Ehtire 1st paragraph is just a come on NO NAME, just "a top American diplomat "

If the 2nd paragraph has "Gordon D. Sondland" right at the beginning, WTF not just state it up front.

And the rest of it.. hell , I knew more about what happened BEFORE I even found this NYT "article!"

I mean, listen to this garbage---

"is certain to provoke an immediate conflict with potentially profound consequences for the White House"

"..But in making the decision on Tuesday, hours before he was scheduled to sit for a deposition"..

" hell it w as 12:30 AM !!!!

".... Trump administration appears to be making the calculation that it is better off risking the House’s ire...."

These folks actually get PAID,, like in MONEY to type such words????

[BumRushDaShow]

50. The NYT had beat WaPo to the "breaking news" punch

WaPo's article - https://www.washingtonpost.com/national-security/gordon-sondland-key-us-official-in-political-storm-over-ukraine-to-be-deposed-in-impeachment-inquiry/2019/10/07/c3c1703e-e942-11e9-9306-47cb0324fd44_story.html

[pangaia]

51. I can't read WaPO.. $$ OR ther NYT, for that mattter

so I rely on people here posting a few paragraphs..

[BumRushDaShow]

53. Here ya go

(I know there are ways to clear the cache on the computer to "start over" with free articles but... )

Trump administration blocks testimony of Gordon Sondland, a central figure in the Democrats’ impeachment inquiry

By Shane Harris, Mike DeBonis and John Wagner
Oct. 8, 2019 at 10:58 a.m. EDT

The Trump administration on Tuesday blocked a planned deposition from Gordon Sondland, the U.S. ambassador to the European Union and a central figure in the Democrats’ impeachment inquiry. Democrats swiftly called the administration’s move an act of obstruction and accused President Trump of hiding information about his efforts to pressure the Ukrainian government to investigate his political rivals in exchange for military aide and other U.S. support. Democrats had earlier said that any attempt to block statements from witnesses could constitute an impeachable act. Sondland was scheduled to be deposed Tuesday morning before House committees seeking information about his activities as Trump urged Ukraine to investigate his political opponents, his lawyer,

Robert Luskin, said in a statement. Secretary of State Mike Pompeo last week rebuked efforts by the committees to interview Sondland and other officials, saying Democratic lawmakers had “harassed and abused State Department employees” by contacting them directly. But Sondland was willing to testify and didn’t appear on Tuesday at the direction of the State Department, Luskin said. “As the sitting U.S. Ambassador to the E.U. and employee of the State Department, Ambassador Sondland is required to follow the Department’s direction,” Luskin said. “Ambassador Sondland is profoundly disappointed that he will not be able to testify today. Ambassador Sondland traveled to Washington from Brussels in order to prepare for his testimony and to be available to answer the Committee’s questions.”

President Trump said on Twitter that he “would love to send Ambassador Sondland, a really good man and great American, to testify, but unfortunately he would be testifying before a totally compromised kangaroo court, where Republican’s [sic] rights have been taken away, and true facts are not allowed out for the public to see.”

Speaking to reporters, Rep. Adam B. Schiff (D-Calif.), chairman of the House Intelligence Committee and Democrats’ point man on the impeachment inquiry, called the administration’s efforts to block Sondland’s deposition “further acts of obstruction of a coequal branch of government.”

https://www.washingtonpost.com/national-security/gordon-sondland-key-us-official-in-political-storm-over-ukraine-to-be-deposed-in-impeachment-inquiry/2019/10/07/c3c1703e-e942-11e9-9306-47cb0324fd44_story.html

[pangaia]

54. YIKES !! Thanks, ya Bum...

[BumRushDaShow]

57. ...

[deurbano]

52. Is William Taylor scheduled to testify?

[BumRushDaShow]

56. I think they are trying to schedule both Taylor and former Amb. Yovanovitch

for testimony. But one of the issues is that like Sondland, both are still employees - although Taylor replaced Yovanovitch as an "acting" for the Ambassador (in a Charge d'Affairs position) when Yovanovitch was removed from the Ambassador position and put in a different position.

It's possible that both of them are actually over in Ukraine at the Embassy where they normally would work and would need to travel here (like Sondland traveled here from Belgium).

[deurbano]

59. Ambassador Yovanovitch was rescheduled from Oct. 2 to Oct. 11. Wikipedia says she's currently

"diplomat in residence" at Georgetown... but I don't know if that's part of a current position in gov... or what she is doing during a hiatus... or an indication she is no longer a gov employee. Taylor and Yovanovitch would both seem to have critical info while not also being lying, corrupt, obstructing, partisan hacks. I really hope Taylor will testify. I mean, he could resign his position if it came to that (and he was reportedly reluctant to work for 45 in the first place)... but he seems to be trying to stave off as much damage as possible in Ukraine. Of course, since he won't play ball, they're probably getting ready to recall him, anyway.

[BumRushDaShow]

60. I remember seeing an article either last week or over the weekend

that had the schedule over several weeks, and searching for it now has been a chore because of all the hits on the most recent stuff. I found a Reuters article that listed her testimony for Oct. 11 - https://www.reuters.com/article/us-usa-trump-whistleblower-diplomats/yovanovitch-is-latest-casualty-of-trump-war-on-career-diplomats-idUSKCN1WL07A

Since she had originally been a civil service State Department employee before being nominated and confirmed to the Ambassador position BEFORE the 2016 election, and since nothing has come out about her being "fired" per se, I think what they did was a paperwork move - from a Schedule C appointment to some (possible) SES-type position, for example going the SES "Reassignment" route (since she had been a higher level type and they may not have gone through the paperwork to convert back to regular civil service) - https://www.law.cornell.edu/cfr/text/5/317.604

[Yo_Mama_Been_Loggin]

61. The more Trump fights this

the guiltier he looks