Page 252 - The Trump-Ukraine Impeachment Inquiry Report

Ms. Croft and Mr. Anderson participated in their depositions on October 30, in compliance with the Committees’ subpoenas.335 During Ms. Croft’s deposition, her personal attorney stated:
On October 28th, 2019, Ms. Croft received a letter through her lawyers from Under Secretary of State Brian Bulatao, in which we were instructed that Ms. Croft cannot participate in the impeachment inquiry being conducted by the House of Representatives and these committees. Under Secretary Bulatao’s letter stated that these instructions were issued pursuant to a directive from the Office of White House Counsel. Nonetheless, Ms. Croft has been served with a valid subpoena, and so she is obliged to be here today.336
During Mr. Anderson’s deposition, his personal attorney stated:
On October 28th, 2019, Mr. Anderson received a letter, through his lawyers, from Under Secretary of State Brian Bulatao in which we were instructed that Mr. Anderson cannot participate in the impeachment inquiry being conducted by the House of Representatives and these committees. Under Secretary Bulatao’s letter stated that these instructions were issued pursuant to a directive from the Office of White House Counsel. Nonetheless, Mr. Anderson has been served with a valid subpoena, and so he is obliged to be here today.337
Laura K. Cooper, Deputy Assistant Secretary of Defense for Russia, Ukraine, and Eurasia, Department of Defense
On October 11, the Committees sent a letter to Deputy Assistant Secretary of Defense Laura K. Cooper seeking her attendance at a deposition on October 18.338
After consulting with Ms. Cooper’s personal attorney, the Committees rescheduled her deposition for October 23.
On October 22, Deputy Secretary of Defense David L. Norquist sent a letter to Ms. Cooper’s personal attorney, stating:
This letter informs you and Ms. Cooper of the Administration-wide direction that Executive Branch personnel “cannot participate in [the impeachment] inquiry under these circumstances” [Tab C]. In the event that the Committees issue a subpoena to compel Ms. Cooper’s appearance, you should be aware that the Supreme Court has held, in United States v. Rumely, 345 U.S. 41 (1953), that a person cannot be sanctioned for refusing to comply with a congressional subpoena unauthorized by House Rule or Resolution.339
On October 23, the Committees sent an email transmitting a subpoena compelling Ms. Cooper to appear at a deposition on that date, stating:
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