Page:Cipollone White House Letter Regarding Trump Impeachment Inquiry, October 8, 2019.pdf/7

Speaker Pelosi, and Chairmen Engel, Schiff, and Cummings

Page 7 powerfully confirms there is no issue with the actual call. Otherwise, why would Chairman Schiff feel the need to make up his own version? The Chairman’s action only further undermines the public’s confidence in the fairness of any inquiry before his Committee.

The real problem, as we are now learning, is that Chairman Schiff’s office, and perhaps others—despite initial denials—were involved in advising the whistleblower before the complaint was filed. Initially, when asked on national television about interactions with the whistleblower, Chairman Schiff unequivocally stated that “[w]e have not spoken directly with the whistleblower. We would like to.”

Now, however, it has been reported that the whistleblower approached the House Intelligence Committee with information—and received guidance from the Committee—before filing a complaint with the Inspector General. As a result, The Washington Post concluded that Chairman Schiff “clearly made a statement that was false.” Anyone who was involved in the preparation or submission of the whistleblower’s complaint cannot possibly act as a fair and impartial judge in the same matter—particularly after misleading the American people about his involvement.

All of this raises serious questions that must be investigated. However, the Committees are preventing anyone, including the minority, from looking into these critically important matters. At the very least, Chairman Schiff must immediately make available all documents relating to these issues. After all, the American people have a right to know about the Committees’ own actions with respect to these matters.

Given that your inquiry lacks any legitimate constitutional foundation, any pretense of fairness, or even the most elementary due process protections, the Executive Branch cannot be expected to participate in it. Because participating in this inquiry under the current unconstitutional posture would inflict lasting institutional harm on the Executive Branch and lasting damage to the separation of powers, you have left the President no choice. Consistent with the duties of the President of the United States, and in particular his obligation to preserve the rights of future occupants of his office, President Trump cannot permit his Administration to participate in this partisan inquiry under these circumstances.

Your recent letter to the Acting White House Chief of Staff argues that “[e]ven if an impeachment inquiry were not underway,” the Oversight Committee may seek this information