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On October 24, the Committees sent a letter to Preston Wells Griffith, the Senior Director for International Energy and Environment at the National Security Council, seeking his appearance at a deposition on November 5.239 On November 4, Mr. Griffith’s personal attorney sent a letter to the Committees stating:


 * As discussed with Committee counsel, Mr. Griffith respectfully declines to appear for a deposition before the joint Committees conducting the impeachment inquiry, based upon the direction of White House Counsel that he not appear due to agency counsel not being permitted.240

Later that day, the Committees sent a letter to Mr. Griffith’s personal attorney transmitting a subpoena compelling his appearance at a deposition on November 5, stating:


 * Mr. Griffith’s failure or refusal to comply with the subpoena, including at the direction or behest of the President or the White House, shall constitute further evidence of obstruction of the House’s impeachment inquiry and may be used as an adverse inference against Mr. Griffith and the President.241

On November 5, Mr. Griffith did not appear for the scheduled deposition, in defiance of the Committees’ subpoena. The Committees met and Chairman Schiff acknowledged Mr. Griffith’s absence, stating:


 * Although the committees requested a copy of any written direction from the White House, Mr. Griffith’s counsel has not provided any such documentation to the committees. The White House’s newly invented rationale for obstructing the impeachment inquiry appears based on a legal opinion that was issued by the Department of Justice Office of Legal Counsel just last Friday, November 1. It is noteworthy and telling that OLC issued this opinion after multiple current and former White House, State Department, and Department of Defense officials testified before the committees, both voluntarily and pursuant to subpoena, all without agency counsel present. The White House’s invocation of this self-serving OLC opinion should therefore be seen for what it is: a desperate attempt to staunch the flow of incriminating testimony from the executive branch officials about the President’s abuse of power.242

To date, Mr. Griffith has not changed his position or contacted the Committees about compliance with the subpoena.

On October 16, the Committees sent a letter to Dr. Charles M. Kupperman, a former Deputy Assistant to the President for National Security Affairs, seeking his appearance at a deposition on October 23.243