Page:Impeachment of Donald J. Trump, President of the United States — Report of the Committee on the Judiciary, House of Representatives.pdf/591

 "Based on the record evidence gathered to date, we can only infer that Mr. Mulvaney's refusal to testify is intended to prevent the Committees from learning additional evidence of President Trump's misconduct and that Mr. Mulvaney's testimony would corroborate and confirm other witnesses' accounts of such misconduct. If the White House had evidence to contest those facts, they would allow Mr. Mulvaney to be deposed. Instead, the President and the White House are hiding and trying to conceal the truth from the American people. Given the extensive evidence the Committees have already uncovered, the only result of this stonewalling is to buttress the case for obstruction of this inquiry.$217$"

To date, Mr. Mulvaney has not changed his position about compliance with the subpoena.$218$

Robert B. Blair, Assistant to the President and Senior Advisor to the Chief of Staff

On October 24, the Committees sent a letter to Robert B. Blair, an Assistant to the President and the Senior Advisor to Acting Chief of Staff Mulvaney, seeking Mr. Blair's appearance at a deposition on November 1.$219$ On November 2, Mr. Blair's personal attorney sent a letter to the Committees stating:

"Mr. Blair has been directed by the White House not to appear and testify at the Committees' proposed deposition, based on the Department of Justice's advice that the Committees may not validly require an executive branch witness to appear at such a deposition without the assistance of agency counsel. In light of the clear direction he has been given by the Executive Branch, Mr. Blair must respectfully decline to testify, as you propose, on Monday, November 4, 2019.$220$"

On November 3, the Committees sent a letter to Mr. Blair's personal attorney transmitting a subpoena compelling Mr. Blair to appear at a deposition on November 4.$221$

On November 4, Mr. Blair did not appear for the scheduled deposition, in defiance of the Committees' subpoena. The Committees met and Chairman Schiff acknowledged Mr. Blair's absence, stating:

"Although the committees requested a copy of the correspondence from the White House and Department of Justice, Mr. Blair's Counsel did not provide it to the Committees. This new and shifting rationale from the White House, like the others it has used to attempt to block witnesses from appearing to provide testimony about the President's misconduct, has no basis in law or the Constitution and is a serious affront to decades of precedent in which Republicans and Democrats have used exactly the same procedures to depose executive branch officials without agency counsel present, including some of the most senior aides to multiple previous Presidents.$222$"

Unlike President Trump's directive to Acting Chief of Staff Mulvaney, neither Mr. Blair nor the White House have asserted that Mr. Blair is "absolutely immune" from providing testimony to Congress. To date, Mr. Blair has not changed his position or contacted the Committees about compliance with the subpoena.