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Home > Committee Reports > 116th Congress > H. Rept. 116-335 > Part 1
H. Rept. 116-335 - REPORT of the HOUSE PERMANENT SELECT COMMITTEE ON INTELLIGENCE on THE TRUMP-UKRAINE IMPEACHMENT INQUIRY REPORT together with MINORITY VIEWS 116th Congress (2019-2020)
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House Calendar No. 60
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-335
_______________________________________________________________________
R E P O R T
of the
HOUSE PERMANENT SELECT
COMMITTEE ON INTELLIGENCE
on
THE TRUMP-UKRAINE IMPEACHMENT INQUIRY REPORT
together with
MINORITY VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 11, 2019.--Referred to the House Calendar and ordered to be
printed
House Calendar No. 60
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-335
_______________________________________________________________________
R E P O R T
of the
HOUSE PERMANENT SELECT
COMMITTEE ON INTELLIGENCE
on
THE TRUMP-UKRAINE IMPEACHMENT INQUIRY REPORT
together with
MINORITY VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 11, 2019.--Referred to the House Calendar and ordered to be
printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
38-600 WASHINGTON : 2019
HOUSE PERMANENT SELECT COMMITTEE ON INTELLIGENCE
Rep. ADAM B. SCHIFF (CA), Chairman
Rep. JIM HIMES (CT) Rep. DEVIN NUNES (CA), Ranking
Rep. TERRI SEWELL (AL) Member
Rep. ANDRE CARSON (IN) Rep. MIKE CONAWAY (TX)
Rep. JACKIE SPEIER (CA) Rep. MICHAEL TURNER (OH)
Rep. MIKE QUIGLEY (IL) Rep. BRAD WENSTRUP (OH)
Rep. ERIC SWALWELL (CA) Rep. CHRIS STEWART (UT)
Rep. JOAQUIN CASTRO (TX) Rep. ELISE STEFANIK (NY)
Rep. DENNY HECK (WA) Rep. WILL HURD (TX)
Rep. PETER WELCH (VT) Rep. JOHN RATCLIFFE (TX)
Rep. SEAN PATRICK MALONEY (NY) Rep. JIM JORDAN (OH)
Rep. VAL DEMINGS (FL)
Rep. RAJA KRISHNAMOORTHI (IL)
------
Majority Staff
Timothy S. Bergreen, Staff Director
Daniel S. Goldman, Director of Investigations
Maher Bitar, General Counsel
Rheanne Wirkkala, Deputy Director of Investigations
Patrick M. Boland, Communications Director
------
Impeachment Inquiry Investigative Staff
William M. Evans Daniel S. Noble
Patrick Fallon Diana Y. Pilipenko
Sean A. Misko Ariana N. Rowberry
Nicolas A. Mitchell
Carly A. Blake, Deputy Staff Director
William Wu, Budget and Policy Director
Wells C. Bennett, Deputy General Counsel
------
Oversight Staff
Linda D. Cohen Lucian D. Sikorskyj
Thomas Eager Conrad Stosz
Abigail C. Grace Kathy L. Suber
Kelsey M. Lax Aaron A. Thurman
Amanda A. Rogers Thorpe Raffaela L. Wakeman
Non-Partisan Security and Information Technology Staff
Kristin Jepson Claudio Grajeda
Kimberlee Kerr
HOUSE COMMITTEE ON OVERSIGHT AND REFORM
Rep. CAROLYN B. MALONEY (NY), Chairwoman
Rep. ELIJAH E. CUMMINGS (MD), Chairman
Rep. ELEANOR HOLMES NORTON (DC) Rep. JIM JORDAN (OH),
Rep. WM. LACY CLAY (MO) Ranking Member
Rep. STEPHEN LYNCH (MA) Rep. PAUL GOSAR (AZ)
Rep. JIM COOPER (TN) Rep. THOMAS MASSIE (KY)
Rep. GERALD E. CONNOLLY (VA) Rep. VIRGINIA FOXX (NC)
Rep. RAJA KRISHNAMOORTHI (IL) Rep. MARK MEADOWS (NC)
Rep. JAMIE RASKIN (MD) Rep. JODY HICE (GA)
Rep. HARLEY ROUDA (CA) Rep. GLENN GROTHMAN (WI)
Rep. DEBBIE WASSERMAN SCHULTZ (FL) Rep. JAMES COMER (KY)
Rep. JOHN SARBANES (MD) Rep. MICHAEL CLOUD (TX)
Rep. PETER WELCH (VT) Rep. BOB GIBBS (OH)
Rep. JACKIE SPEIER (CA) Rep. CLAY HIGGINS (LA)
Rep. ROBIN KELLY (IL) Rep. RALPH NORMAN (SC)
Rep. MARK DESAULNIER (CA) Rep. CHIP ROY (TX)
Rep. BRENDA LAWRENCE (MI) Rep. CAROL MILLER (WV)
Rep. STACEY PLASKETT (VI) Rep. MARK GREEN (TN)
Rep. RO KHANNA (CA) Rep. KELLY ARMSTRONG (ND)
Rep. JIMMY GOMEZ (CA) Rep. GREG STEUBE (FL)
Rep. ALEXANDRIA OCASIO-CORTEZ (NY) Rep. FRED KELLER (PA)
Rep. AYANNA PRESSLEY (MA)
Rep. RASHIDA TLAIB (MI)
Majority Staff
Dave Rapallo, Staff Director
Susanne Sachsman Grooms, Deputy Staff Director & Chief Counsel
Peter Kenny, Chief Investigative Counsel
Krista A. Boyd, General Counsel
Janet H. Kim, Chief Counsel for Investigations
Russell Anello, Chief Oversight Counsel
Aryele Bradford, Communications Director
Investigative Staff
S. Tori Anderson Gina Kim
Aaron D. Blacksberg Jason Powell
Chioma Chukwu Dan Rebnord
Cassie Fields Ricardo Brandon Rios
Greta Gao Erinn L. Sauer, Detailee
Michael Gordon Amish A. Shah
Jessica L. Heller Laura Waters
Operations and Press Team
Zachary Barger, Intern Elisa LaNier
Jamitress Bowden Kellie Larkin
Kristen Charley, Intern Olivia Letts, Intern
Kenyatta Collins Anna Rose Marx, Inter
James Darlson, Intern Courtney Miller
Emma Dulaney Noah Steimel, Intern
Evan Elizabeth Freeman, Intern Travis Stoller, Intern
Christopher Godshall, Intern Amy Stratton
Trinity Goss Laura Trevisani, Intern
Brandon Jacobs Joshua Zucker
HOUSE COMMITTEE ON FOREIGN AFFAIRS
Rep. ELIOT L. ENGEL (NY), Chairman
Rep. BRAD SHERMAN (CA) Rep. MICHAEL MCCAUL (TX),
Rep. GREGORY MEEKS (NY) Ranking Member
Rep. ALBIO SIRES (NJ) Rep. CHRISTOPHER SMITH (NJ)
Rep. GERALD E. CONNOLLY (VA) Rep. STEVE CHABOT (OH)
Rep. THEODORE DEUTCH (FL) Rep. JOE WILSON (SC)
Rep. KAREN BASS (CA) Rep. SCOTT PERRY (PA)
Rep. WILLIAM KEATING (MA) Rep. TED YOHO (FL)
Rep. DAVID CICILLINE (RI) Rep. ADAM KINZINGER (IL)
Rep. AMI BERA (CA) Rep. LEE ZELDIN (NY)
Rep. JOAQUIN CASTRO (TX) Rep. JAMES SENSENBRENNER (WI)
Rep. DINA TITUS (NV) Rep. ANN WAGNER (MO)
Rep. ADRIANO ESPAILLAT (NY) Rep. BRIAN MAST (FL)
Rep. TED LIEU (CA) Rep. FRANCIS ROONEY (FL)
Rep. SUSAN WILD (PA) Rep. BRIAN FITZPATRICK (PA)
Rep. DEAN PHILLIPS (MN) Rep. JOHN CURTIS (UT)
Rep. ILHAN OMAR (MN) Rep. KEN BUCK (CO)
Rep. COLIN ALLRED (TX) Rep. RON WRIGHT (TX)
Rep. ANDY LEVIN (MI) Rep. GUY RESCHENTHALER (PA)
Rep. ABIGAIL SPANBERGER (VA) Rep. TIM BURCHETT (TN)
Rep. CHRISSY HOULAHAN (PA) Rep. GREG PENCE (IN)
Rep. TOM MALINOWSKI (NJ) Rep. STEVE WATKINS (KS)
Rep. DAVID TRONE (MD) Rep. MICHAEL GUEST (MS)
Rep. JIM COSTA (CA)
Rep. JUAN VARGAS (CA)
Rep. VICENTE GONZALEZ (CA)
Majority Staff
Jason Steinbaum, Staff Director
Doug Campbell, Deputy Staff Director
Janice Kaguyutan, Chief Counsel
Laura Carey, Senior Professional Staff Member, State Department
Oversight
Tim Mulvey, Communications Director
Jacqueline Ramos, Senior Professional Staff Member, Europe and Russia
Operations and Press Staff
Evan Bursey Rachel Levitan
Jacqueline Colvett
LETTER OF TRANSMITTAL
----------
House of Representatives,
Permanent Select Committee on Intelligence,
Washington, DC, December 11, 2019.
Hon. Cheryl L. Johnson,
Clerk, House of Representatives,
Washington, DC.
Dear Mrs. Johnson: I present herewith an unclassified
report entitled, ``The Trump-Ukraine Impeachment Inquiry
Report''.
Sincerely,
Adam B. Schiff,
Chairman.
C O N T E N T S
----------
Page
PREFACE.......................................................... IX
EXECUTIVE SUMMARY................................................ 1
KEY FINDINGS OF FACT............................................. 22
SECTION I. THE PRESIDENT'S MISCONDUCT............................ 25
1. The President Forced Out the U.S. Ambassador to Ukraine... 25
2. The President Put Giuliani and the Three Amigos in Charge
of Ukraine Issues.......................................... 38
3. The President Froze Military Assistance to Ukraine........ 54
4. The President's Meeting with the Ukrainian President Was
Conditioned on an Announcement of Investigations........... 70
5. The President Asked the Ukrainian President to Interfere
in the 2020 U.S. Election by Investigating the Bidens and
2016 Election Interference................................. 85
6. The President Wanted Ukraine to Announce the
Investigations Publicly.................................... 101
7. The President's Conditioning of Military Assistance and a
White House Meeting on Announcement of Investigations
Raised Alarm............................................... 111
8. The President's Scheme Was Exposed........................ 125
SECTION II. THE PRESIDENT'S OBSTRUCTION OF THE HOUSE OF
REPRESENTATIVES' IMPEACHMENT INQUIRY........................... 167
1. Constitutional Authority for Congressional Oversight and
Impeachment................................................ 167
2. The President's Categorical Refusal to Comply............. 172
3. The President's Refusal to Produce Any and All Subpoenaed
Documents.................................................. 180
4. The President's Refusal to Allow Top Aides to Testify..... 193
5. The President's Unsuccessful Attempts to Block Key
Witnesses.................................................. 206
6. The President's Intimidation of Witnesses................. 217
APPENDIX A: KEY PEOPLE AND ENTITIES.............................. 245
APPENDIX B: ABBREVIATIONS AND COMMON TERMS....................... 248
PREFACE
This report reflects the evidence gathered thus far by the
House Permanent Select Committee on Intelligence, in
coordination with the Committee on Oversight and Reform and the
Committee on Foreign Affairs, as part of the House of
Representatives' impeachment inquiry into Donald J. Trump, the
45th President of the United States.
The report is the culmination of an investigation that
began in September 2019 and intensified over the past three
months as new revelations and evidence of the President's
misconduct towards Ukraine emerged. The Committees pursued the
truth vigorously, but fairly, ensuring the full participation
of both parties throughout the probe.
Sustained by the tireless work of more than three dozen
dedicated staff across the three Committees, we issued dozens
of subpoenas for documents and testimony and took more than 100
hours of deposition testimony from 17 witnesses. To provide the
American people the opportunity to learn and evaluate the facts
themselves, the Intelligence Committee held seven public
hearings with 12--witnesses including three requested by the
Republican Minority--that totaled more than 30 hours.
At the outset, I want to recognize my late friend and
colleague Elijah E. Cummings, whose grace and commitment to
justice served as our North Star throughout this investigation.
I would also like to thank my colleagues Eliot L. Engel and
Carolyn B. Maloney, chairs respectively of the Foreign Affairs
and Oversight and Reform Committees, as well as the Members of
those Committees, many of whom provided invaluable
contributions. Members of the Intelligence Committee, as well,
worked selflessly and collaboratively throughout this
investigation. Finally, I am grateful to Speaker Nancy Pelosi
for the trust she placed in our Committees to conduct this work
and for her wise counsel throughout.
I also want to thank the dedicated professional staff of
the Intelligence Committee, who worked ceaselessly and with
remarkable poise and ability. My deepest gratitude goes to
Daniel Goldman, Rheanne Wirkkala, Maher Bitar, Timothy
Bergreen, Patrick Boland, Daniel Noble, Nicolas Mitchell, Sean
Misko, Patrick Fallon, Diana Pilipenko, William Evans, Ariana
Rowberry, Wells Bennett, and William Wu. Additional
Intelligence Committee staff members also assured that the
important oversight work of the Committee continued, even as we
were required to take on the additional responsibility of
conducting a key part of the House impeachment inquiry.
Finally, I would like to thank the devoted and outstanding
staff of the Committee on Oversight and Reform, including but
not limited to Dave Rapallo, Susanne Sachsman Grooms, Peter
Kenny, Krista Boyd, and Janet Kim, as well as Laura Carey from
the Committee on Foreign Affairs.
* * *
In his farewell address, President George Washington warned
of a moment when ``cunning, ambitious, and unprincipled men
will be enabled to subvert the power of the people and to usurp
for themselves the reins of government, destroying afterwards
the very engines which have lifted them to unjust dominion.''
The Framers of the Constitution well understood that an
individual could one day occupy the Office of the President who
would place his personal or political interests above those of
the nation. Having just won hard-fought independence from a
King with unbridled authority, they were attuned to the dangers
of an executive who lacked fealty to the law and the
Constitution.
In response, the Framers adopted a tool used by the British
Parliament for several hundred years to constrain the Crown--
the power of impeachment. Unlike in Britain, where impeachment
was typically reserved for inferior officers but not the King
himself, impeachment in our untested democracy was specifically
intended to serve as the ultimate form of accountability for a
duly-elected President. Rather than a mechanism to overturn an
election, impeachment was explicitly contemplated as a remedy
of last resort for a president who fails to faithfully execute
his oath of office ``to preserve, protect and defend the
Constitution of the United States.''
Accordingly, the Constitution confers the power to impeach
the president on Congress, stating that the president shall be
removed from office upon conviction for ``Treason, Bribery, or
other high Crimes and Misdemeanors.'' While the Constitutional
standard for removal from office is justly a high one, it is
nonetheless an essential check and balance on the authority of
the occupant of the Office of the President, particularly when
that occupant represents a continuing threat to our fundamental
democratic norms, values, and laws.
Alexander Hamilton explained that impeachment was not
designed to cover only criminal violations, but also crimes
against the American people. ``The subjects of its
jurisdiction,'' Hamilton wrote, ``are those offenses which
proceed from the misconduct of public men, or, in other words,
from the abuse or violation of some public trust. They are of a
nature which may with peculiar propriety be denominated
political, as they relate chiefly to injuries done immediately
to the society itself.''
Similarly, future Associate Justice of the United States
Supreme Court James Wilson, a delegate from Pennsylvania at the
Constitutional Convention, distinguished impeachable offenses
from those that reside ``within the sphere of ordinary
jurisprudence.'' As he noted, ``impeachments are confined to
political characters, to political crimes and misdemeanors, and
to political punishments.''
* * *
As this report details, the impeachment i