Page 253 - The Trump-Ukraine Impeachment Inquiry Report

In light of recent attempts by the Administration to direct witnesses not to appear voluntarily for depositions, the enclosed subpoena compels your client’s mandatory appearance at today’s deposition.340
Ms. Cooper participated in the deposition on October 23, in compliance with the Committees’ subpoena.341
During her deposition, Ms. Cooper stated with regard to the Department of Defense, “They instructed me yesterday not to participate.”342
On November 20, the Committees transmitted a subpoena to Ms. Cooper compelling her to testify at a public hearing before the Intelligence Committee on that day.343 Ms. Cooper complied with the Committees’ subpoena and testified at the public hearing.344
Mark Sandy, Deputy Associate Director of
National Security Programs, Office of Management and Budget
On November 5, the Committees sent a letter to Mark Sandy, the Deputy Associate Director of National Security Programs at OMB, seeking his appearance at a deposition on November 8.345 On November 6, Mr. Sandy responded to confirm receipt of the Committees’ letter.346
On November 7, an attorney at OMB sent an email to Committee staff stating:
In light of the Committee’s rules that prohibit agency counsel from being present in a deposition of an executive branch witness and consistent with the November 1, 2019 OLC letter opinion addressing this issue, OMB has directed Mr. Sandy not to appear at tomorrow’s deposition.347
After consulting with Mr. Sandy’s personal attorney, the Committees rescheduled his deposition for November 16.
On November 16, the Committees sent an email transmitting a subpoena compelling Mr. Sandy to appear at a deposition on that date, stating:
In light of recent attempts by the Administration to direct witnesses not to appear voluntarily for depositions, the enclosed subpoena compels your client’s mandatory appearance.348
Mr. Sandy participated in the deposition on November 16, in compliance with the Committees’ subpoena.349 During his deposition, Mr. Sandy also testified that the Administration sent his personal attorney an official communication with further direction, stating: “It did direct me to have my personal counsel ask for a postponement until agency counsel could accompany me.”350
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