Page 226 - The Trump-Ukraine Impeachment Inquiry Report

The subpoena required Secretary Esper to produce responsive documents by October 15. On October 13, Secretary Esper stated in a public interview that the Department would comply with the Intelligence Committee’s subpoena:
Q: Very quickly, are you going to comply with the subpoena that the House provided you and provide documents to them regarding to the halt to military aid to Ukraine?
A: Yeah we will do everything we can to cooperate with the Congress. Just in the last week or two, my general counsel sent out a note as we typically do in these situations to ensure documents are retained.
Q: Is that a yes?
A: That’s a yes.
Q: You will comply with the subpoena?
A: We will do everything we can to comply.183
On October 15, however, Assistant Secretary of Defense for Legislative Affairs Robert R. Hood responded by refusing to produce any documents and reciting many of the same legally unsupportable arguments as the White House Counsel:
In light of these concerns, and in view of the President’s position as expressed in the White House Counsel’s October 8 letter, and without waiving any other objections to the subpoena that the Department may have, the Department is unable to comply with your request for documents at this time.184
To date, Secretary Esper has not produced a single document sought by the Committees and has not indicated any intent to do so going forward, notwithstanding his public promise to “do everything we can to comply.”185
Witnesses who testified before the Committees have identified multiple additional documents that Secretary Esper is withholding that are directly relevant to the impeachment inquiry, including but not limited to:
• DOD staff readouts from National Security Council meetings at the principal, deputy, or sub-deputy level relating to Ukraine, including military assistance;186
• an email from Secretary Esper’s Chief of Staff, to Laura K. Cooper, Deputy Assistant Secretary of Defense for Russia, Ukraine, and Eurasia, in late July “asking for follow-up on a meeting with the President,” including information on whether “U.S. industry [is] providing any of this equipment,” “international contributions” to Ukraine, and “who gave this funding”;187
• fact sheets and other information provided by Ms. Cooper in response to the email request;188
• an email sent to Ms. Cooper’s staff on July 25 at 2:31 p.m.—the same day as President’s Trump’s call with Ukrainian President Zelensky—stating that the Ukrainian Embassy
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