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Live updates: White House lawyer defies House subpoena; Trump sees ‘no reason’ to summon witnesses on Ukraine call Live updates: House investigators release first deposition transcripts; White House lawyer defies House subpoena
(32 minutes later)
John Eisenberg, a White House lawyer central to the Ukraine controversy, defied a subpoena from House investigators, and three other officials summoned for closed-door depositions Monday were not expected to appear either. House investigators on Monday released the first transcripts from closed-door depositions taken as part of the impeachment inquiry as four White House officials, including John Eisenberg, a lawyer central to the Ukraine controversy, defied subpoenas to testify.
The refusals to cooperate are coming on a morning in which Trump tweeted that he sees “no reason” for lawmakers to summon witnesses regarding his July call with Ukrainian President Volodymyr Zelensky, which he again contended was “perfect.”The refusals to cooperate are coming on a morning in which Trump tweeted that he sees “no reason” for lawmakers to summon witnesses regarding his July call with Ukrainian President Volodymyr Zelensky, which he again contended was “perfect.”
House Democrats are encountering renewed stonewalling from the White House as they attempt to move deeper into the ranks of officials with knowledge of Trump’s efforts to press Ukraine to investigate former vice president Joe Biden and his son Hunter Biden at a time when U.S. military aid was being withheld from that country.House Democrats are encountering renewed stonewalling from the White House as they attempt to move deeper into the ranks of officials with knowledge of Trump’s efforts to press Ukraine to investigate former vice president Joe Biden and his son Hunter Biden at a time when U.S. military aid was being withheld from that country.
Trump, meanwhile, plans to welcome the Washington Nationals to the White House on Monday before heading to Kentucky for a campaign rally. ●Allies of acting White House chief of staff Mick Mulvaney try to stonewall Democrats’ impeachment inquiry, officials say.
●Allies of acting White House chief of staff Mick Mulvaney to try to stonewall Democrats’ impeachment inquiry, officials say.
●Whistleblower willing to answer questions from House GOP, attorney says.●Whistleblower willing to answer questions from House GOP, attorney says.
●Trump leaves door open to shutting down government before Thanksgiving.●Trump leaves door open to shutting down government before Thanksgiving.
Who’s involved in the impeachment inquiry | Key documents related to the inquiry | LISTEN: Post podcasts on impeachmentWho’s involved in the impeachment inquiry | Key documents related to the inquiry | LISTEN: Post podcasts on impeachment
11:50 a.m.: House investigators release 2 transcripts of closed-door depositions
House investigators on Monday released two transcripts of closed-door depositions taken as part of the impeachment inquiry.
Records of the Oct. 11 testimony of Marie Yovanovitch, the former U.S. ambassador to Ukraine, and the Oct. 16 testimony of P. Michael McKinley, a former senior adviser to Secretary of State Mike Pompeo, were made public.
The two transcripts are the first in a series that Democrats say will be released as the inquiry becomes more public.
“As we move towards this new public phase of the impeachment inquiry, the American public will begin to see for themselves the evidence that the committees have collected,” three House chairmen leading the inquiry said in a joint statement. “With each new interview, we learn more about the President’s attempt to manipulate the levers of power to his personal political benefit.”
Intelligence Committee Chairman Adam B. Schiff (Calif.), Foreign Affairs Committee Chairman Eliot L. Engel (N.Y.) and acting Oversight and Reform Committee chairwoman Carolyn B. Maloney (N.Y.) said in the statement that the Yovanovitch and McKinley transcripts “demonstrate clearly how President Trump approved the removal of a highly respected and effective diplomat based on public falsehoods and smears against Ambassador Yovanovitch’s character and her work in support of long-held U.S. foreign policy anticorruption goals.”
“Ambassadors Yovanovitch and McKinley’s testimony also demonstrates the contamination of U.S. foreign policy by an irregular back channel that sought to advance the President’s personal and political interests, and the serious concerns that this activity elicited across our government,” the statement said.
11:45 a.m.: Democrats accuse Trump of hypocrisy
Democrats on Monday pounced on Trump’s contention that the whistleblower must testify publicly rather than answer questions in writing, accusing him of hypocrisy.
“It’s the height of hypocrisy for the president to be asking the whistleblower to testify and then not allowing his own administration officials, who were actually involved in the illegal conduct, to testify,” Rep. Ro Khanna (D-Calif.) told MSNBC’s Hallie Jackson.
On Twitter, Rep. Eric Swalwell (D-Calif.) pointed out that Trump himself had refused to testify in special counsel Robert S. Mueller III’s investigation into Russian election interference, instead submitting written answers.
“Did Bob Mueller accept your ‘written answers?’” Swalwell asked, linking to an early morning tweet in which Trump insisted that written answers were “not acceptable!”
11:05 a.m.: Appeals court rejects Trump’s attempt to withhold tax returns from local prosecutors, setting stage for Supreme Court fight11:05 a.m.: Appeals court rejects Trump’s attempt to withhold tax returns from local prosecutors, setting stage for Supreme Court fight
A federal appeals court on Monday rejected Trump’s effort to block New York prosecutors from accessing his tax records and Trump’s sweeping claims of presidential immunity.A federal appeals court on Monday rejected Trump’s effort to block New York prosecutors from accessing his tax records and Trump’s sweeping claims of presidential immunity.
The decision is the second time in recent weeks that a federal appeals court has ruled against the president in his bid to stop investigators from scrutinizing his private financial records. The case is one of several legal clashes testing the limits of presidential power that is expected to reach the Supreme Court as soon as this term.The decision is the second time in recent weeks that a federal appeals court has ruled against the president in his bid to stop investigators from scrutinizing his private financial records. The case is one of several legal clashes testing the limits of presidential power that is expected to reach the Supreme Court as soon as this term.
The Manhattan district attorney is investigating hush-money payments made in the lead-up to the 2016 presidential election. The ruling does not mean that Trump’s tax records will be turned over immediately. Local prosecutors agreed to delay enforcement of the subpoena to Trump’s longtime accounting firm if the president’s lawyers move quickly to ask the Supreme Court to intervene. The Manhattan district attorney is investigating hush-money payments made in the lead-up to the 2016 presidential election. The ruling does not mean that Trump’s tax records will be turned over immediately. Local prosecutors agreed to delay enforcement of the subpoena to Trump’s longtime accounting firm if the president’s lawyers move quickly to ask the Supreme Court to intervene.
Read more here.Read more here.
— Ann E. Marimow and Deanna Paul— Ann E. Marimow and Deanna Paul
11 a.m.: Schiff makes brief appearance, says he’ll comment later11 a.m.: Schiff makes brief appearance, says he’ll comment later
House Intelligence Committee Chairman Adam B. Schiff (D-Calif.) appeared briefly outside the secure area where depositions are being taken and declined to take questions from the media, saying he would have a comment later Monday morning.House Intelligence Committee Chairman Adam B. Schiff (D-Calif.) appeared briefly outside the secure area where depositions are being taken and declined to take questions from the media, saying he would have a comment later Monday morning.
With the House in recess and witnesses not showing up, the usual flurry of activity in that part of the Capitol was largely halted. Schiff was the only lawmaker to enter or exit the secure area in view of the dozens of journalists and photographers on the scene over the past hour.With the House in recess and witnesses not showing up, the usual flurry of activity in that part of the Capitol was largely halted. Schiff was the only lawmaker to enter or exit the secure area in view of the dozens of journalists and photographers on the scene over the past hour.
10:10 a.m.: Trump points to soaring stock market, knocks media10:10 a.m.: Trump points to soaring stock market, knocks media
Trump seized on the soaring stock market to criticize media attention on the impeachment inquiry.Trump seized on the soaring stock market to criticize media attention on the impeachment inquiry.
“All-Time High for Stock Market and all the Fake News wants to talk about is the Impeachment Hoax!” he tweeted.“All-Time High for Stock Market and all the Fake News wants to talk about is the Impeachment Hoax!” he tweeted.
10:05 a.m.: Fiona Hill returns to the Capitol10:05 a.m.: Fiona Hill returns to the Capitol
Fiona Hill, the White House’s former top Russia adviser, has arrived at the secure area of the Capitol where witnesses are being deposed.Fiona Hill, the White House’s former top Russia adviser, has arrived at the secure area of the Capitol where witnesses are being deposed.
It is common for witnesses who have previously testified to return to review a transcript of their testimony.It is common for witnesses who have previously testified to return to review a transcript of their testimony.
Hill told impeachment investigators last month that Rudolph W. Giuliani, the president’s personal lawyer, ran a shadow foreign policy in Ukraine that circumvented U.S. officials and career diplomats to personally benefit Trump, according to people familiar with her testimony.Hill told impeachment investigators last month that Rudolph W. Giuliani, the president’s personal lawyer, ran a shadow foreign policy in Ukraine that circumvented U.S. officials and career diplomats to personally benefit Trump, according to people familiar with her testimony.
10 a.m.: No witnesses have appeared to testify10 a.m.: No witnesses have appeared to testify
Two White House officials who were scheduled to testify Monday morning — Eisenberg and Robert Blair, a senior adviser to acting White House chief of staff Mick Mulvaney — have not appeared.Two White House officials who were scheduled to testify Monday morning — Eisenberg and Robert Blair, a senior adviser to acting White House chief of staff Mick Mulvaney — have not appeared.
Two other officials scheduled to appear Monday afternoon — Brian McCormack, an Office of Management and Budget official, and Michael Ellis, another White House lawyer — are not expected to appear either, according to two people involved in the congressional inquiry. They requested anonymity to discuss closed-door proceedings.Two other officials scheduled to appear Monday afternoon — Brian McCormack, an Office of Management and Budget official, and Michael Ellis, another White House lawyer — are not expected to appear either, according to two people involved in the congressional inquiry. They requested anonymity to discuss closed-door proceedings.
9:50 a.m.: ‘Read the Transcript!’ Trump tweets9:50 a.m.: ‘Read the Transcript!’ Trump tweets
Trump returned to Twitter to send a three-word tweet: “Read the Transcript!”Trump returned to Twitter to send a three-word tweet: “Read the Transcript!”
He has previously argued that the rough transcript of his July call with Zelensky clears him of any wrongdoing because he does not explicitly condition the resumption of U.S. military aid on Ukraine conducting investigations that could benefit him politically.He has previously argued that the rough transcript of his July call with Zelensky clears him of any wrongdoing because he does not explicitly condition the resumption of U.S. military aid on Ukraine conducting investigations that could benefit him politically.
Democrats consider the transcript highly damaging to Trump but have been gathering supporting evidence through depositions.Democrats consider the transcript highly damaging to Trump but have been gathering supporting evidence through depositions.
9:30 a.m.: Eisenberg attorney cites timing, Trump directive as reasons for not testifying9:30 a.m.: Eisenberg attorney cites timing, Trump directive as reasons for not testifying
An attorney for Eisenberg said in a letter to House committee chairmen that Eisenberg is not appearing Monday because he was not given reasonable time to prepare and because Trump instructed him not to cooperate.An attorney for Eisenberg said in a letter to House committee chairmen that Eisenberg is not appearing Monday because he was not given reasonable time to prepare and because Trump instructed him not to cooperate.
The attorney, William A. Burck, said a subpoena was emailed to Eisenberg on Friday night.The attorney, William A. Burck, said a subpoena was emailed to Eisenberg on Friday night.
“This is insufficient and unreasonable notice and imposes an undue burden on Mr. Eisenberg, especially in light of his legal and national security responsibilities in the White House,” Burck wrote. “Even if Mr. Eisenberg had been afforded a reasonable amount of time to prepare, the President has instructed Mr. Eisenberg not to appear at the deposition.”“This is insufficient and unreasonable notice and imposes an undue burden on Mr. Eisenberg, especially in light of his legal and national security responsibilities in the White House,” Burck wrote. “Even if Mr. Eisenberg had been afforded a reasonable amount of time to prepare, the President has instructed Mr. Eisenberg not to appear at the deposition.”
Burck also referenced a pending court case regarding testimony from another witness who declined to appear, citing conflicting guidance from Congress and the White House.Burck also referenced a pending court case regarding testimony from another witness who declined to appear, citing conflicting guidance from Congress and the White House.
“Mr. Eisenberg, as a lawyer and officer of the court, will abide by whatever final decision the federal judiciary reaches on the dispute between the Executive and Congress,” Burck wrote.“Mr. Eisenberg, as a lawyer and officer of the court, will abide by whatever final decision the federal judiciary reaches on the dispute between the Executive and Congress,” Burck wrote.
— Rosalind S. Helderman— Rosalind S. Helderman
9:15 a.m.: White House lawyer to defy House impeachment investigators9:15 a.m.: White House lawyer to defy House impeachment investigators
A White House lawyer central to the Ukraine controversy plans to defy a subpoena from House investigators at Trump’s direction, according to people familiar with his plans.A White House lawyer central to the Ukraine controversy plans to defy a subpoena from House investigators at Trump’s direction, according to people familiar with his plans.
House Democrats wanted to question Eisenberg, the deputy counsel on the National Security Council, about what transpired after Trump’s July 25 call with Zelensky, which set off internal debate over Trump’s actions.House Democrats wanted to question Eisenberg, the deputy counsel on the National Security Council, about what transpired after Trump’s July 25 call with Zelensky, which set off internal debate over Trump’s actions.
The people familiar with Eisenberg’s plans spoke on the condition of anonymity to discuss internal matters.The people familiar with Eisenberg’s plans spoke on the condition of anonymity to discuss internal matters.
Eisenberg proposed moving a transcript of the call to a highly classified server and restricting access to it, according to two people familiar with Lt. Col. Alexander Vindman’s testimony who spoke on the condition of anonymity to describe private discussions.Eisenberg proposed moving a transcript of the call to a highly classified server and restricting access to it, according to two people familiar with Lt. Col. Alexander Vindman’s testimony who spoke on the condition of anonymity to describe private discussions.
Three other witnesses summoned for scheduled depositions Monday are also unlikely to appear.Three other witnesses summoned for scheduled depositions Monday are also unlikely to appear.
8:55 a.m.: McCarthy complains of scheduled closed-door depositions8:55 a.m.: McCarthy complains of scheduled closed-door depositions
House Minority Leader Kevin McCarthy (R-Calif.) went on Twitter on Monday morning to complain that Democrats continue to schedule closed-door depositions following the passage last week of a resolution setting the parameters for public hearings.House Minority Leader Kevin McCarthy (R-Calif.) went on Twitter on Monday morning to complain that Democrats continue to schedule closed-door depositions following the passage last week of a resolution setting the parameters for public hearings.
“Democrats voted for an impeachment inquiry that they claimed would provide transparency and due process,” McCarthy tweeted. “They are right back at it — behind closed doors in the basement of the Capitol — with four more scheduled depositions hidden from the public.”“Democrats voted for an impeachment inquiry that they claimed would provide transparency and due process,” McCarthy tweeted. “They are right back at it — behind closed doors in the basement of the Capitol — with four more scheduled depositions hidden from the public.”
Democratic leaders have signaled that open hearings could begin as early as next week.Democratic leaders have signaled that open hearings could begin as early as next week.
8 a.m.: Trump claims higher GOP job approval than public polling shows8 a.m.: Trump claims higher GOP job approval than public polling shows
Amid a flurry of tweets about the impeachment inquiry, Trump asserted that his job approval among Republicans stands at 95 percent — a figure significantly higher than in recent public polling.Amid a flurry of tweets about the impeachment inquiry, Trump asserted that his job approval among Republicans stands at 95 percent — a figure significantly higher than in recent public polling.
Neither the White House nor the Trump campaign immediately responded to questions about what poll he was citing.Neither the White House nor the Trump campaign immediately responded to questions about what poll he was citing.
In a Washington Post-ABC News poll published Friday, 74 percent of Republicans voiced approval of Trump’s job performance, a record low in Post-ABC polls. His previous low was in April, when 78 percent voiced approval.In a Washington Post-ABC News poll published Friday, 74 percent of Republicans voiced approval of Trump’s job performance, a record low in Post-ABC polls. His previous low was in April, when 78 percent voiced approval.
In another of his Monday morning tweets, Trump quoted Fox News commentator Dan Bongino calling the impeachment inquiry a “farce” and adding that “no Republican should forget that.”In another of his Monday morning tweets, Trump quoted Fox News commentator Dan Bongino calling the impeachment inquiry a “farce” and adding that “no Republican should forget that.”
7:50 a.m.: Trump says written answers from whistleblower ‘not acceptable’7:50 a.m.: Trump says written answers from whistleblower ‘not acceptable’
Trump renewed his call Monday for the whistleblower whose complaint sparked the impeachment inquiry to testify publicly and brushed aside an offer by his attorneys to answer written questions under oath directly from Republicans on the House Intelligence Committee.Trump renewed his call Monday for the whistleblower whose complaint sparked the impeachment inquiry to testify publicly and brushed aside an offer by his attorneys to answer written questions under oath directly from Republicans on the House Intelligence Committee.
“He must be brought forward to testify. Written answers not acceptable!” Trump tweeted regarding the anonymous U.S. intelligence official.“He must be brought forward to testify. Written answers not acceptable!” Trump tweeted regarding the anonymous U.S. intelligence official.
During the investigation of special counsel Robert S. Mueller III into Russian election interference, Trump declined to be interviewed and submitted answers to questions in writing.During the investigation of special counsel Robert S. Mueller III into Russian election interference, Trump declined to be interviewed and submitted answers to questions in writing.
The whistleblower’s attorneys previously notified both the House and Senate intelligence committees that their client was willing to respond to questions in writing and under oath “in a bipartisan manner.”The whistleblower’s attorneys previously notified both the House and Senate intelligence committees that their client was willing to respond to questions in writing and under oath “in a bipartisan manner.”
By offering a direct channel to Republicans, the whistleblower’s team had sought to quell grumbling by GOP leadership — and Trump — that the impeachment process has been secretive and unfair.By offering a direct channel to Republicans, the whistleblower’s team had sought to quell grumbling by GOP leadership — and Trump — that the impeachment process has been secretive and unfair.
In his Monday tweets, Trump also took renewed aim at House Intelligence Committee Chairman Adam B. Schiff (D-Calif.), calling him a “corrupt politician.”In his Monday tweets, Trump also took renewed aim at House Intelligence Committee Chairman Adam B. Schiff (D-Calif.), calling him a “corrupt politician.”
7:15 a.m.: Trump says there is ‘no reason’ to summon witnesses regarding his call7:15 a.m.: Trump says there is ‘no reason’ to summon witnesses regarding his call
Trump said Monday that there is “no reason” for House investigators to summon witnesses to testify about his July 25 call with Zelensky.Trump said Monday that there is “no reason” for House investigators to summon witnesses to testify about his July 25 call with Zelensky.
“What I said on the phone call with the Ukrainian President is ‘perfectly’ stated,” Trump said in a morning tweet. “There is no reason to call witnesses to analyze my words and meaning. This is just another Democrat Hoax that I have had to live with from the day I got elected (and before!). Disgraceful!”“What I said on the phone call with the Ukrainian President is ‘perfectly’ stated,” Trump said in a morning tweet. “There is no reason to call witnesses to analyze my words and meaning. This is just another Democrat Hoax that I have had to live with from the day I got elected (and before!). Disgraceful!”
Earlier, he referred to Sunday night’s airing of “The Mark Levin Show” on Fox News.Earlier, he referred to Sunday night’s airing of “The Mark Levin Show” on Fox News.
“Mark Levin, a great lawyer and scholar, said last night on his @marklevinshow, that all you have to do is read the transcript of the call, you do not need Never Trumpers or other witnesses to say what it means or says,” Trump tweeted. “It is plainly and very well stated for all to see. Witch Hunt”“Mark Levin, a great lawyer and scholar, said last night on his @marklevinshow, that all you have to do is read the transcript of the call, you do not need Never Trumpers or other witnesses to say what it means or says,” Trump tweeted. “It is plainly and very well stated for all to see. Witch Hunt”
Trump, without evidence, has branded several of the witnesses who have testified as “Never Trumpers,” a term used to describe Republicans who were opposed to his presidency from the start. In a tweet last month, he described them as “human scum.”Trump, without evidence, has branded several of the witnesses who have testified as “Never Trumpers,” a term used to describe Republicans who were opposed to his presidency from the start. In a tweet last month, he described them as “human scum.”
7 a.m.: Four White House witnesses unlikely to appear for depositions7 a.m.: Four White House witnesses unlikely to appear for depositions
It appears unlikely that any of the four White House officials summoned by House investigators will show up Monday for planned closed-door depositions on Capitol Hill.It appears unlikely that any of the four White House officials summoned by House investigators will show up Monday for planned closed-door depositions on Capitol Hill.
Democrats are seeking testimony from:Democrats are seeking testimony from:
●Robert Blair, assistant to the president and senior adviser to acting chief of staff Mick Mulvaney. He listened in on the call between Trump and Zelensky.●Robert Blair, assistant to the president and senior adviser to acting chief of staff Mick Mulvaney. He listened in on the call between Trump and Zelensky.
●Brian McCormack, associate director for natural resources at the Office of Management and Budget. Until recently, McCormack served as chief of staff to Energy Secretary Rick Perry, who has said he had urged Trump to talk to Zelensky about energy issues.●Brian McCormack, associate director for natural resources at the Office of Management and Budget. Until recently, McCormack served as chief of staff to Energy Secretary Rick Perry, who has said he had urged Trump to talk to Zelensky about energy issues.
● John Eisenberg, the White House’s legal adviser on national security issues. Last week, Lt. Col. Alexander Vindman, who is detailed to the National Security Council, testified that Eisenberg instructed him to not discuss his concerns about the phone call with anyone outside the White House.● John Eisenberg, the White House’s legal adviser on national security issues. Last week, Lt. Col. Alexander Vindman, who is detailed to the National Security Council, testified that Eisenberg instructed him to not discuss his concerns about the phone call with anyone outside the White House.
●Michael Ellis, another White House lawyer who advises the NSC.●Michael Ellis, another White House lawyer who advises the NSC.
6:30 a.m.: Trump heading to Kentucky for campaign rally6:30 a.m.: Trump heading to Kentucky for campaign rally
As House investigators resume their work on Monday, Trump is scheduled to welcome the Washington Nationals to the White House to honor them for their World Series win before heading out of town to stage another “Keep America Great Rally,” this one in Lexington, Ky.As House investigators resume their work on Monday, Trump is scheduled to welcome the Washington Nationals to the White House to honor them for their World Series win before heading out of town to stage another “Keep America Great Rally,” this one in Lexington, Ky.
Trump campaign rallies have become a venue for the president to air grievances about the impeachment inquiry.Trump campaign rallies have become a venue for the president to air grievances about the impeachment inquiry.
He is traveling to Kentucky in the hope of giving that state’s Republican governor Matt Bevin a boost hours before the polls open for the gubernatorial election. Bevin is in a tight race with Democrat Andy Beshear, the state’s attorney general and son of a former governor. Trump carried the state by 30 percentage points over Democrat Hillary Clinton in 2016.He is traveling to Kentucky in the hope of giving that state’s Republican governor Matt Bevin a boost hours before the polls open for the gubernatorial election. Bevin is in a tight race with Democrat Andy Beshear, the state’s attorney general and son of a former governor. Trump carried the state by 30 percentage points over Democrat Hillary Clinton in 2016.
The Nationals won the World Series last week.The Nationals won the World Series last week.
6 a.m.: Trump highlights assessments of conservative pundits6 a.m.: Trump highlights assessments of conservative pundits
In a series of late-night tweets and retweets that extended into early Monday morning, Trump shared assessments of the impeachment inquiry by several conservative pundits, including Fox News’s Jeanine Pirro. In late-night tweets and retweets that extended into early Monday morning, Trump shared assessments of the impeachment inquiry by several conservative pundits, including Fox News’s Jeanine Pirro.
“The Democrats are tearing this country apart,” Pirro, the host of “Justice with Judge Jeanine,” said in a tweet retweeted by Trump. “They are wusses, wimps and weasels. They don’t have the chutzpah to face Donald Trump in November, I don’t blame them. Because he’ll blow those wusses, wimps and weasels right out of the swampy water they call home.”“The Democrats are tearing this country apart,” Pirro, the host of “Justice with Judge Jeanine,” said in a tweet retweeted by Trump. “They are wusses, wimps and weasels. They don’t have the chutzpah to face Donald Trump in November, I don’t blame them. Because he’ll blow those wusses, wimps and weasels right out of the swampy water they call home.”