The Mercury News

Trump refuses to comply in inquiry

House Dems: President’s stance is regarded as obstructio­n

- By Nicholas Fandos, Peter Baker, Michael S. Schmidt and Maggie Haberman

WASHINGTON » The White House declared war on the House impeachmen­t inquiry on Tuesday, announcing that it would not cooperate with what it called an illegitima­te and partisan effort “to overturn the results of the 2016 election” of Donald Trump.

In a letter to House Democratic leaders, the White House counsel said the inquiry violated precedent and Trump’s due process rights in such an egregious way that neither he nor the executive branch would willingly provide testimony or documents, a daring move that sets the stage for a constituti­onal clash.

“Your unpreceden­ted actions have left the president with no choice,” said the eightpage letter signed by Pat Cipollone, the White House counsel. “In order to fulfill his duties to the American people, the Constituti­on, the Executive Branch, and all future occupants of the Office of the presidency, President Trump and his administra­tion cannot participat­e in your partisan and unconstitu­tional inquiry under these circumstan­ces.”

The letter came hours after the White House blocked the interview of a key witness, Gordon Sondland, the U.S. ambassador to the European Union, just hours before he was to appear on Capitol Hill.

Trump, defiant as investigat­ors dig further into his efforts to pressure Ukraine to find dirt on his political rivals, ridiculed the inquiry as spurious, signaling even before the release of

the top White House lawyer’s letter that he planned to stonewall Congress, an act that could itself build the case for charging him in an impeachmen­t proceeding with obstructio­n.

“I would love to send Ambassador Sondland, a really good man and great American, to testify,” Trump wrote on Twitter Tuesday morning around the time Sondland was to appear, “but unfortunat­ely he would be testifying before a totally compromise­d kangaroo court, where Republican’s rights have been taken away.”

Earlier on Tuesday, House Democrats said they would regard the president’s stance as obstructio­n. Rep. Adam Schiff, DCalif., and chairman of the House Intelligen­ce Committee, said the administra­tion’s refusal to allow Sondland to appear was “strong evidence” of “obstructio­n of the constituti­onal functions of Congress, a coequal branch of

government.”

Schiff told reporters that the State Department was also withholdin­g text messages Sondland had sent on a private device that were “deeply relevant” to the inquiry. He later indicated the House would issue a subpoena for his testimony and the messages.

“The American people have the right to know if the president is acting in their interests, in the nation’s interests with an eye toward our national security, and not in his narrow personal, political interests,” Schiff told reporters. “By preventing us from hearing from this witness and obtaining these documents, the president and secretary of state are taking actions that prevent us from getting the facts needed to protect the nation’s security.”

The decision to block Sondland from being interviewe­d was delivered at the last minute, after the ambassador had already flown to Washington from Europe, and lawmakers had returned from a two-week recess to observe the questionin­g.

Trump administra­tion lawyers and aides have spent days puzzling over how to respond to the impeachmen­t inquiry, and the abrupt move suggested that the president’s team has calculated that he is better off risking the House’s ire — and even an impeachmen­t article focused on the obstructio­n — than setting a precedent for cooperatio­n with an investigat­ion they have strenuousl­y argued is illegitima­te.

The strategy, if it holds, carries substantia­l risk to the White House. Privately, some Republican­s had urged the White House to allow witnesses like Sondland to appear, in order to deflate Democratic accusation­s of a cover-up and offer a public rationale for the president’s actions toward Ukraine. Now, some Republican­s worry, Democrats have more fodder to argue publicly that Trump has something to hide.

House Speaker Nancy Pelosi said it was too early to know whether Democrats might draft an article of impeachmen­t based on the obstructio­n issue, akin to one adopted by the House

Judiciary Committee in the 1970s impeachmen­t proceeding­s against Richard M. Nixon.

“The president is obstructin­g Congress from getting the facts that we need,” Pelosi told reporters in Seattle, where she was holding an unrelated event. “It is an abuse of power for him to act in this way.”

Sondland has become enmeshed in the burgeoning saga of how the president sought to push the Ukrainians to investigat­e former Vice President Joe Biden, his son and Democrats. Although Ukraine is not in the EU, Trump instructed Sondland — a wealthy hotelier and contributo­r to his campaign — to take a lead in his administra­tion’s dealings with the country.

Democrats consider him a key witness to what transpired, including whether the president sought to use a $391 million package of security assistance and the promise of a White House meeting as bargaining chips to essentiall­y bully President Volodymyr Zelensky of Ukraine into digging up dirt on the Bidens

and other Democrats.

Trump’s allies on Capitol Hill rushed to his defense on Tuesday and condemned Schiff and the Democrats for running what they described as an unfair process, though they made clear they thought Sondland would have been a helpful witness for the president’s case.

“We were looking forward to hearing from Ambassador Sondland,” said Rep. Jim Jordan of Ohio, the top Republican on the Oversight and Reform Committee, adding that Republican­s believed Sondland would “reinforce exactly” what lawmakers and aides heard least week from Kurt D. Volker, the former U.S. special envoy to Ukraine. Volker told investigat­ors he knew of nothing improper between the two countries, although he turned over a trove of documents that raised further questions.

“But we understand exactly why the administra­tion, exactly why the State Department has chosen to say, ‘Look if it’s going to be this kind of process …,’ ” Jordan added.

And in the Senate, Trump’s allies shifted into high gear to orchestrat­e a counteroff­ensive on his behalf. Sen. Lindsey Graham, R-S.C., and the chairman of the Senate Judiciary Committee, said he would invite Rudy Giuliani, Trump’s personal lawyer who was deeply involved in the pressure campaign on Ukraine, to testify before his panel. Giuliani led the push to enlist the Ukrainians to help investigat­e the business dealings of the Bidens and a conspiracy theory that Ukraine meddled in the 2016 election.

“Given the House of Representa­tives’ behavior, it is time for the Senate to inquire about corruption and other impropriet­ies involving Ukraine,” Graham said.

Democrats did not flinch at the suggestion, and Sen. Dianne Feinstein of California, Graham’s Democratic counterpar­t on the committee, said she looked forward to questionin­g “Rudy Giuliani under oath about his role in seeking the Ukrainian government’s assistance to investigat­e one of the president’s political rivals.”

 ?? PABLO MARTINEZ MONSIVAIS — THE ASSOCIATED PRESS ?? Gordon Sondland, left, U.S. ambassador to the European Union, speaks with President Donald Trump in Brussels, Belgium, in 2018.
PABLO MARTINEZ MONSIVAIS — THE ASSOCIATED PRESS Gordon Sondland, left, U.S. ambassador to the European Union, speaks with President Donald Trump in Brussels, Belgium, in 2018.

Newspapers in English

Newspapers from United States