TODAY IN CONGRESS:
Your One Stop Shop For Learning What Our Congress Critters Are Up To!
Here’s today’s schedule with the events I think may be the most interesting in bold. You can watch C-Span HERE. NOTE: Sometimes C-Span posts additional Congressional events not on my list, later in the day.
Today’s Events:
House -
8:30 am — House Intelligence Committee Stakeout (Members of the House Select Committee on Intelligence speak with reporters.)
Senate —
9:30 am — Senate Aging Committee Hearing on Scams Targeting Veterans (The Senate Aging Committee holds a hearing on protecting veterans from scams.)
10:00 am — Senate Environment and Public Works Committee Hearing on Manufacturing Reform (The Senate Environment and Public Works Committee holds a hearing on reforming the manufacturing industry by growing innovation and decreasing regulatory burdens.)
10:00 am — Senate Judiciary Committee Hearing on USA Freedom Act Reauthorization (The Senate Judiciary Committee holds a hearing on reauthorizing the 2015 USA Freedom Act, which bans the bulk collection of private records.)
10:00 am — Senate Session (The Senate meets for legislative business with votes expected on judicial nominees.)
Tuesday’s Votes: No votes in the House and only votes on Trump nominations in the Senate.
Comments:
Today’s Events – Not a lot going on today in front of the cameras that is. You could watch the House Committee Stakeout for possible impeachment news though.
COMMITTEE SUBPOENA WARS & IMPEACHMENT PROCEEDINGS —
Today’s Impeachment/Subpoena HeadlineS:
Sonland Drastically “Adjusts” His Testimony To Confirm Trump’s Ukraine Bribery Plot
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Volker & Sondland (original) Transcripts Released Tuesday
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Two more White House officials skip impeachment depositions on Tuesday
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Pompeo Advisor, T. Ulrich Brechbuhl, Under-Secretary of State David Hale, Russell Vought, acting director of the Office of Management and Budget & Rick Perry Are All Scheduled To Testify TODAY
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Speakers At Trump Rally Dare Press To Out Whistleblower
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Federal DC District Court Hearing TODAY On Congressional Request For Trump’s Tax Returns
Details below under “COMMITTEE ACTIVITY”.
BTW — If you are looking to keep tabs on the fast moving developments on the Impeachment front, POLITICO is running continuous updates.
COMMITTEE ACTIVITY:
Introduction: Before I get started with today’s long list of subpoena and impeachment activity, let me say that I have decided to do away with posting the repetitive “Background” section here on each Committee activity, in an effort to shorten an already too long post. Instead each background section will include a link to my September 26 Diary containing the full backgrounds for those who need to get up to speed. I will keep editing that Diary as time goes on to keep the background up to date. Below, I will post only recent developments (stuff that happened the day before) and any new developments.
Now on with the show. (New and Important stuff in bold)
House Judiciary Committee Barr Subpoena for Unredacted Mueller Report —
Background - CLICK HERE.
Recent Developments — None.
New Developments — None, waiting for Court to set date for Appeals Hearing.,
House Judiciary Committee McGahn Subpoena —
Background — CLICK HERE.
Recent Developments — None.
New Developments — Waiting on Judge’s ruling due any day.
House Judiciary Committee Hicks and Donaldson Subpoenas —
Background — CLICK HERE
Recent Developments — None.
New Developments — None, waiting in McGahn ruling.
House Judiciary Committee Subpoenas of Sessions, Kushner and Other Trump Staff —
Background — CLICK HERE.
Recent Developments — None.
New Developments — None. Waiting to see if Nadler holds Lewandowski in Contempt.
House Judiciary Committee Rob Porter & Rick Dearborn Subpoena —
Background — CLICK HERE.
Recent Developments — None.
New Developments — None, likely waiting for McGahn ruling on “Absolute Immunity”.
House Judiciary Committee Homeland Security (McAleenan) Subpoena —
Background — CLICK HERE.
Recent Developments — None.
New Developments — None.
House Intelligence Committee (Flynn) Subpoena —
Background — CLICK HERE.
Recent Developments — No reports saying Flynn turned over the requested documents on September 18 nor on whether he showed up to testify yesterday (September 25) that I could find. I will continue looking, but my guess is the session was either postponed or he was a no show.
New Developments — In a sort of related development, it appears Flynn is trying to do a complete 180 in his Court case from the Mueller investigation. According to this CNBC Story, he now wants the Judge presiding over his sentencing to completely throw out the case based on alleged claims of Prosecutorial misconduct. He is completely throwing out his plea agreement to cooperate with the Mueller investigation and daring the Judge who is already called him a traitor, to throw the book at him, in what seems to be a Hail Mary pass attempt at a Trump Presidential pardon.
House Intelligence, Oversight & Foreign Affairs Committees’ Impeachment Investigation —
NOTE: This used to be the “House Intelligence Committee’s Whistleblower Investigation”, but I have changed the heading to include the other committees involved and to allow for a broadening of the scope of the investigation.
Background — CLICK HERE.
Recent Developments — Here are some recent developments:
- Witnesses “Scheduled” To Be Deposed This Week — Here are the witnesses scheduled to be deposed this week by members and staff from the Congressional Impeachment Committees, courtesy of the NY Times:
— Monday, Robert Blair, an aide to Mick Mulvaney, the acting chief of staff and Brian McCormack, associate director for natural resources, energy & science at the Office of Management and Budget, John Eisenberg, the top lawyer on the National Security Council, and his deputy, Michael Ellis. Remember Eisenberg is the person who sent the transcript of Trump’s conversation with the Ukrainian president to the tightly controlled national security server—a server under his control. All 4 of the Monday witnesses listed above were NO SHOWS, all choosing loyalty to the Criminal in the White House over loyalty to Country.
— On Tuesday, a White House budget official, Michael Duffey, is scheduled to testify.
— On Wednesday, investigators want to talk to T. Ulrich Brechbuhl, a State Department adviser close to Secretary of State Mike Pompeo. And
— On Thursday — and this is a big one — it could be John Bolton’s turn. The former national security adviser would be the closest person to President Trump to testify. Multiple witnesses have said he objected to the president’s dealings with Ukraine. But his lawyer said he would not appear voluntarily, and it’s not clear how he will respond to a subpoena.
UPDATE — Jennifer Williams, Special Advisor for Europe and Russia from Vice President Pence’s office has been added to the list of witnesses scheduled to testify on Thursday.
- Lawsuit Leads to Release of Mueller Investigation Documents — No, these documents have nothing to do with Ukraine-Gate, but they could figure into the impeachment investigation down the road if the scope is broadened to include wrongdoing documented by Mueller. Anyway, BuzzFeed News said its lawsuits requested subpoenas and search warrants Mueller's team issued in addition to any emails, memos, letters, talking points, legal opinions and interview transcripts it created. The DOJ had reportedly pushed back against the request, saying that the records being sought could total 18 billion pages. The first batch includes 500 pages of summaries of FBI interviews with witnesses, according to summaries and documents shared by BuzzFeed News. The news outlet said new records will be released every month for the next eight years.
So what’s in these documents? The first batch includes 500 pages of summaries of FBI interviews with witnesses, according to summaries and documents shared by BuzzFeed News. The news outlet said new records will be released every month for the next eight years. The summaries include significant information regarding Mueller's investigation and witnesses his unit interviewed over the course of the investigation. For example, Rick Gates, who had served as Trump's deputy campaign chairman, told investigators in April 2018 that Manafort pushed a conspiracy theory that Ukraine, not Russia, initiated the hack of the Democratic National Committee.
- Yovanovitch & McKinley Transcripts Released Monday, Others To Follow: Of the two transcripts released Monday, the Yovanovich transcript was the most interesting. Here’s an excerpt of the Yovanovitch testimony from this NPR Report,
"Did the issue come up in that conversation or others about the Giuliani and his associates' interest in the Bidens and Burisma?" asked a Democratic staff counsel of Yovanovitch in the closed-door deposition.
"Yeah," Yovanovitch said. "I mean, looking backwards to what happened in the past, with a view to finding things that could be possibly damaging to a presidential run."
Asking for clarification, House Intelligence Committee Chairman Adam Schiff of California interjected: "By Joe Biden?"
"Uh-huh," Yovanovitch replied.
Yovanovitch also noted that she reported her conversation with Avakov back to the State Department, so there is a record.
"Everybody is sort of shocked," Yovanovitch said of the State Department's reaction.
Also, Yovanovitch had this to say:
"If you have the President's son saying, you know, We need to pull these clowns, or however he referred to me, it makes it hard to be a credible ambassador in a country," she said.
According to the transcript, Yovanovitch said she was "shocked" and "apprehensive" when she learned that Trump privately told Ukrainian President Volodymyr Zelensky that she was "going to go through some things."
For his part, this is what Mike McKinley had to say:
Michael McKinley, a former senior adviser to Secretary of State Mike Pompeo. McKinley, a career foreign service officer, said Yovanovitch's treatment "raised alarm bells" and "had a very serious effect on morale" at the State Department, and he described "bullying tactics."
You can read the full Yovanovitch Transcript HERE and the full McKinley Transcript HERE, both courtesy of NPR.
- Giuliani Associate, Lev Parnas to Cooperate With House Impeachment Investigation — Lev Parnas, of Lev and Igor fame and who is under indictment by the SDNY AG, has announced, through his new lawyer, that he will cooperate with the House Impeachment Committees. Parnas, who helped Giuliani look for dirt on Trump’s political rival, former Vice President Joe Biden, is a key figure in the impeachment inquiry that is examining whether Trump abused his office for personal political gain. His apparent decision to work with the congressional committees represents a change of heart. Parnas rebuffed a request from three House of Representatives committees last month to provide documents and testimony.
“We will honor and not avoid the committee’s requests to the extent they are legally proper, while scrupulously protecting Mr. Parnas’ privileges including that of the Fifth Amendment,” said the lawyer, Joseph Bondy, referring to his client’s constitutional right to avoid self-incrimination.
New Developments — The Crazy Pace of the Impeachment News Continues:
IMPORTANT PET PEEVE — Before I get into the “New Developments” let me say I will no longer be using the term “Quid-Pro-Quo” to describe Trump’s criminal conduct against Ukraine. I will now use the term “bribery” because:
1. That is what Trump did when you look at the criminal definition of “Bribery” from Cornell Law:
Bribery refers to the offering, giving, soliciting, or receiving of any item of value as a means of influencing the actions of an individual holding a public or legal duty. ... Solicitation of a bribe also constitutes a crime and is completed regardless of whether the solicitation results in the receipt of a valuable gift.
Fits like a glove doesn’t it.
2. “Quid-Pro-Quo” is not a legal term and can cannote a friendly mutually beneficial agreement, which is not the case here.
3. “Bribery”, unlike “Quid-Pro-Quo”, is an explicitly listed impeachable offense, which if used by Congressional Democrats, would completely undercut the GOP argument that the Trump “Quid-Pro-Quo” was wrong but not up to the level requiring impeachment and removal from office.
I would encourage everyone, especially Congressional Democrats, to follow my lead and start using the term “BRIBERY”!
Now on with today’s developments:
- Sondland Has Sudden Memory Restoration and Drastically “Adjusts” Testimony — Sondland was apparently allowed to “adjust” (i.e., edit) the transcript of his previous testimony before its public release yesterday. In it he suddenly remembered the following according to this NPR Report:
"I said that resumption of U.S. aid would likely not occur until Ukraine provided the public anti-corruption statement that we had been discussing for many weeks," Sondland writes, noting that he now recalls a Sept. 1 meeting in which he told that to an aide to Ukrainian President Volodymyr Zelenskiy.
That conversation followed a meeting between Vice President Pence and Zelenskiy, "in which President Zelensky had raised the issue of the suspension of U.S. aid to Ukraine directly with Vice President Pence," Sondland notes.
Sondland also revealed that Secretary of State Mike Pompeo was aware of Giuliani's irregular role. Sondland said he discussed Giuliani's involvement in foreign affairs with Pompeo. Pompeo's reaction?
"Pompeo rolled his eyes and said: Yes, it's something we have to deal with," Sondland said.
Trump “Ukraine Gets Its Aid After Zelensky Biden/2016 Election Investigation Announcement” BRIBERY Plot CONFIRMED!
You can read Sondland full transcript HERE.
- Volker Transcript Released — In addition to Sondland's deposition, the House committees leading the impeachment inquiry into Trump also released the transcript of their interview with Kurt Volker, the former U.S. special envoy to Ukraine, according to this NPR Report. In addition to what we already know from his previously released opening statement:
Volker also said Pompeo was aware of Giuliani's influence on Trump.
"I described my concern that [Giuliani] is projecting a damaging or a negative image about Ukraine, and that's reaching the President, and that I am trying to work with Ukrainians to correct that messaging, correct that impression," Volker said.
According to Volker, Pompeo said he was "glad" Volker was trying to correct those efforts.
It seems Pompeo just let the foreign affairs disaster unfold hoping that others would fix it. What A #%$&Bag!
You can read Volker full transcript HERE.
- Two more White House officials skip impeachment depositions — Two administration officials did not appear Tuesday for scheduled testimony in the House impeachment inquiry into President Trump, making them the latest White House aides to skip planned depositions. According to this story from The Hill:
Wells Griffith, a special assistant to the president and senior director for international energy and environment on the National Security Council, did not appear for his Tuesday morning deposition. Michael Duffey, associate director for national security at the Office of Management and Budget (OMB), was absent for his closed-door hearing slated for Tuesday afternoon.
House Democrats are seeking testimony from Griffith because of his participation in a July meeting at the White House with Ukrainian officials, while Duffey was subpoenaed over his alleged involvement in withholding the $400 million in aid to Ukraine, The Washington Post reports.
Two more succumb to the Dark Side of the Force!
- Four (4) More Witnesses Are Scheduled To Testify TODAY — Under-Secretary of State for Political Affairs David Hale, Russell Vought, acting director of the Office of Management and Budget, Ulrich Brechbuhl, State Department counselor and Rick Perry former DoE Secretary are all scheduled for Wednesday Depositions. However, according to this Wall Street Journal Report :
The House also invited Rick Perry, the outgoing energy secretary; Russell Vought, acting director of the Office of Management and Budget; and Ulrich Brechbuhl, State Department counselor, to testify on Wednesday. However, Mr. Vought and a spokeswoman for Mr. Perry have said the two men won’t appear, and people familiar with Mr. Brechbuhl’s plans said he would also skip the deposition.
However:
A top State Department official is set to appear before House investigators Wednesday, according to two people familiar with the matter, making him the first official to be deposed this week after several others declined.
Undersecretary of State for Political Affairs David Hale, a career member of the Foreign Service, has held the No. 3 post at the State Department since August 2018. He is likely to be asked about what he knew regarding an effort to undermine former U.S. ambassador to Ukraine Marie Yovanovitch and efforts by the president’s personal attorney, Rudy Giuliani, to establish an unofficial diplomatic channel to Ukraine.
House Committees Issue Subpoenas to DoD and OMB -
Recent Developments — None.
New Developments — None,
House Financial Services Committee and House Intelligence Committee Deutsche Bank and Capital One Subpoenas (Trump’s Banking Records) —
Background — CLICK HERE.
Recent Developments — None.
New Developments — None.
House Oversight and Reform Committee Mazars Subpoena (Trump Financial Records & Taxes) —
Background — CLICK HERE.
Recent Developments — None.
New Developments — None. But see Trump Tax Returns below.
House Oversight and Reform Committee Subpoena of White House Staff Documents —
Background — CLICK HERE.
Recent Developments — None.
New Developments — None.
House Ways & Means Committee & Manhattan DA Subpoenas (Trump’s Tax Returns) —
Background — CLICK HERE. BTW — I know this gets confusing but there are two cases going on aimed at getting at Trump’s tax returns. One is the case brought by the House Committee to get the IRS to turn over Trump’s taxes as required BY LAW, and the other is the case brought by Trump against the Manhattan DA to block his subpoena of Mazars, Trump’s former accounting firm, to provide the DA with Trump’s tax returns as a part of a State criminal investigation.
Recent Developments — The Federal Second Circuit Court of Appeals in Manhattan ruled against Donald Trump on Monday in his lawsuit to prevent his former Accounting Firm, Mazars, from honoring a Manhattan DA’s (Cyrus Vance Jr.) Subpoena for 8 years of Trump’s tax returns in his investigation into the 2016 payoffs made to Stormy Daniels and others for which Trump was named an Unindicted Co-Conspirator. President Trump's tax returns can be turned over to state criminal investigators, a federal appeals court in New York ruled Monday. The ruling by the 2nd U.S. Circuit Court of Appeals, which is certain to be challenged, follows arguments from Mr. Trump's lawyers that he is immune from state criminal law — even if he shoots someone — because he's commander in chief. "Any presidential immunity does not extend to investigative steps like the grand jury subpoena at issue here," ruled the three-judge appeals panel. But, the judges said they only decided whether a state prosecutor can demand Mr. Trump's personal financial records while he is in office. The appeals court said it did not consider whether the president is immune from indictment and prosecution while in office or whether the president may be ordered to produce documents in a state criminal proceeding.
There are a couple of important points here that go beyond the core issue of Trump’s taxes. If you remember back to when Trump first argued his case in front of US Southern New York District Court Judge Victor Marrero, his legal team was arguing a case of “Absolute Presidential Immunity” from prosecution while in office and they were basing their argument, at least in part, on the Nixon Era DoJ Policy Memos which concluded sitting Presidents should not be prosecuted. In his ruling on this case Judge Marrero said:
Because the arguments the President advances are so substantially grounded on the supposed constitutional doctrine and rationale the DOJ Memos present, a close review of the DOJ Memos is called for. On such assessment, the Court rejects the DOJ Memos? position.
The heavy reliance the President places on the DOJ Memos is misplaced for several reasons. First, though they contain an exhaustive and learned consideration of the constitutional questions presented here, the DOJ Memos do not constitute authoritative judicial interpretation of the Constitution concerning those issues. In fact, as the DOJ Memos themselves also concede, the precise presidential immunity questions this litigation raises have never been squarely presented orfully addressed by the Supreme Court.
So the Judge not only dismissed Trump’s case regarding his tax returns, he also threw out the DoJ Memos saying a President cannot be indicted while in office, saying first that the memos have never been tested in court and then going on to rejecting them altogether which would allow for prosecution of a sitting President.
However, as can be seen above, in Monday’s Court of Appeals Ruling, the three (3) Judge panel didn’t go that far, saying only that the DoJ Memos do not preclude the investigation of a President, leaving out any judgement on whether the Court thinks the memos legal prevent a President from being indicted while in office.
Now that Trump’s legal team has announced they will appeal this case to SCOTUS, it will be interesting to see how this matter of the DoJ memos plays out.
New Developments — There will be a Motion Hearing in Federal DC District Court on November 6 with respect to the House Ways & Means Committee’s request/subpoena of Trump’s tax returns. Stay Tuned!
That’s all for today. Corrections and Additions are always welcome!