Page 241 - The Trump-Ukraine Impeachment Inquiry Report

To date, Mr. Duffey has not changed his position or contacted the Committees about compliance with the subpoena.
Brian McCormack, Associate Director for Natural Resources, Energy, and Science, Office of Management and Budget
On October 24, the Committees sent a letter to Brian McCormack, the Associate Director for Natural Resources, Energy, and Science at OMB, seeking his appearance at a deposition on November 4.267
On November 1, the Committees sent a letter transmitting a subpoena compelling Mr. McCormack’s appearance at a deposition on November 4.268
On November 4, Jason A. Yaworske, the Associate Director for Legislative Affairs at OMB, sent a letter to Chairman Schiff stating that, “as directed by the White House Counsel’s October 8, 2019, letter,” Mr. McCormack will not appear at his deposition.269
On November 4, Mr. McCormack did not appear for the scheduled deposition, in defiance of the Committees’ subpoena. The Committees met and Chairman Schiff acknowledged Mr. McCormack’s absence, stating:
At approximately 11:30 a.m. today, committee staff received via email a letter from the Associate Director for Legislative Affairs at OMB. The letter states that, quote, “As directed by the White House counsel’s October 8, 2019, letter,” unquote, OMB will not participate in the House’s impeachment inquiry. The letter further states that, based on the advice of the Office of Legal Counsel that, quote, “the committee cannot lawfully bar agency counsel from these depositions,” unquote, Mr. McCormack will not appear at his deposition today without agency counsel present. As Mr. McCormack was informed, the committees may consider his noncompliance with a subpoena as evidence in a future contempt proceeding. His failure or refusal to appear, moreover, shall constitute evidence of obstruction of the House’s impeachment inquiry and may be used as an adverse inference against the President.270
To date, Mr. McCormack has not changed his position or contacted the Committees about compliance with the subpoena.
T. Ulrich Brechbuhl, Counselor, Department of State
On September 13, the Committees sent a letter to Secretary of State Mike Pompeo seeking transcribed interviews with Counselor T. Ulrich Brechbuhl and other officials.271 The Committees received no direct, substantive response to this letter.
On September 27, the Committees sent a letter informing Secretary Pompeo that Mr. Brechbuhl’s deposition was being scheduled on October 8, stating:
241