Page:Impeachment of Donald J. Trump, President of the United States — Report of the Committee on the Judiciary, House of Representatives.pdf/576

 3.The President's Refusal to Produce Any and All Subpoenaed Documents

Overview

Following President Trump's categorical order, not a single document has been produced by the White House, the Office of the Vice President, the Office of Management and Budget, the Department of State, the Department of Defense, or the Department of Energy in response to 71 specific, individualized requests or demands for records in their possession, custody, or control. The subpoenas to federal departments and agencies remain in full force and effect. These agencies and offices also blocked many current and former officials from producing records directly to the Committees.

Certain witnesses defied the President's sweeping, categorical, and baseless order and identified the substance of key documents. Other witnesses identified numerous additional documents that the President and various agencies are withholding that are directly relevant to the impeachment inquiry.

The President's personal attorney, Mr. Giuliani, although a private citizen, also sought to rely on the President's order, as communicated in Mr. Cipollone's letter on October 8, to justify his decision to disobey a lawful subpoena for documents.

The White House

On September 9, the Committees sent a letter to White House Counsel Pat Cipollone seeking six categories of documents in response to reports indicating that, "for nearly two years, the President and his personal attorney, Rudy Giuliani, appear to have acted outside legitimate law enforcement and diplomatic channels to coerce the Ukrainian government into pursuing two politically-motivated investigations under the guise of anti-corruption activity."$117$ The Committees asked the White House to voluntarily produce responsive documents by September 16.$118$ The White House did not provide any response by that date.

On September 24, the Committees sent a follow-up letter requesting that the White House produce the documents by September 26.$119$ Again, the White House did not provide any documents or respond by that date.

Having received no response from the White House, then-Chairman Elijah E. Cummings sent a memorandum to Members of the Committee on Oversight and Reform, which has jurisdiction over the Executive Office of the President, explaining that he was preparing to issue a subpoena in light of the White House's non-compliance and non-responsiveness. He wrote: