Page:Impeachment of Donald J. Trump, President of the United States — Report of the Committee on the Judiciary, House of Representatives.pdf/611

 "In light of recent attempts by the Administration to direct witnesses not to appear voluntarily for depositions, the enclosed subpoena compels your client's mandatory appearance at today's deposition.$340$"

Ms. Cooper participated in the deposition on October 23, in compliance with the Committees' subpoena.$341$

During her deposition, Ms. Cooper stated with regard to the Department of Defense, "They instructed me yesterday not to participate."$342$

On November 20, the Committees transmitted a subpoena to Ms. Cooper compelling her to testify at a public hearing before the Intelligence Committee on that day.$343$ Ms. Cooper complied with the Committees' subpoena and testified at the public hearing.$344$

'Mark Sandy, Deputy Associate Director of National Security Programs, Office of Management and Budget'

On November 5, the Committees sent a letter to Mark Sandy, the Deputy Associate Director of National Security Programs at OMB, seeking his appearance at a deposition on November 8.$345$ On November 6, Mr. Sandy responded to confirm receipt of the Committees' letter.$346$

On November 7, an attorney at OMB sent an email to Committee staff stating:

"In light of the Committee's rules that prohibit agency counsel from being present in a deposition of an executive branch witness and consistent with the November 1, 2019 OLC letter opinion addressing this issue, OMB has directed Mr. Sandy not to appear at tomorrow's deposition.$347$"

After consulting with Mr. Sandy's personal attorney, the Committees rescheduled his deposition for November 16.

On November 16, the Committees sent an email transmitting a subpoena compelling Mr. Sandy to appear at a deposition on that date, stating:

"In light of recent attempts by the Administration to direct witnesses not to appear voluntarily for depositions, the enclosed subpoena compels your client's mandatory appearance.$348$"

Mr. Sandy participated in the deposition on November 16, in compliance with the Committees' subpoena.$349$ During his deposition, Mr. Sandy also testified that the Administration sent his personal attorney an official communication with further direction, stating: "It did direct me to have my personal counsel ask for a postponement until agency counsel could accompany me."$350$