Impeachment Inquiry: Transcripts of Depositions Released (Updated 11/18/19)

Posted: Nov 12, 2019
Updated: Nov 16, 2019
Updated, November 18, 2019

On September 24, 2019, House Speaker Nancy Pelosi announced the beginning of the impeachment inquiry. (see Tuesday, September 24, 2019: Speaker Nancy Pelosi Announces Formal Impeachment Inquiry).  Below are links to the full transcripts of the depositions that the Committee has released on a rolling basis. We will update this post as new transcripts are released to the public.
State/P Ambassador David Hale, Under Secretary of State for Political Affairs
  • The testimony of Mr. Hale can be found here.
  • Key excerpts of Hale’s testimony can be found here.
State/FSO David Holmes, Political Counselor, US Embassy Kyiv, Ukraine
  • The testimony of Mr. Holmes can be found here.
  • Key excerpts of Holmes’ testimony can be found here.
WH/FSO Jennifer Williams, Vice President Pence’s Special Adviser on Europe and Russia
  • The testimony of Jennifer Williams can be found here.
  • Key excerpts of Jennifer Williams’s testimony can be found here.
WH/Timothy Morrison, Deputy Assistant to the President
  • The testimony of Timothy Morrison can be found here.
  • Key excerpts of Timothy Morrison’s testimony can be found here.
DOD/Laura Cooper, Deputy Assistant Secretary of the Department of Defense
  • The testimony of Deputy Assistant Secretary Laura Cooper can be found here.
  • Key excerpts of Deputy Assistant Secretary Laura Cooper testimony can be found here.
STATE/FSO Catherine Croft, Ambassador Volker’s Advisor
  • The testimony of Catherine Croft can be found here.
  • Key excerpts of Catherine Croft’s testimony can be found here.
STATE/FSO Christopher Anderson, Ambassador Volker’s Advisor
  • The testimony of Christopher Anderson can be found here.
  • Key excerpts of Christopher Anderson’s testimony can be found here.
WH/Dr. Fiona Hill, NSC Russia Expert
  • The testimony of Dr. Fiona Hill can be found here.
  • Key excerpts of Dr. Fiona Hill’s testimony can be found here.
WH/Lieutenant Colonel Alexander Vindman, NSC Russia Expert
  • The testimony of Lieutenant Colonel Alexander Vindman can be found here.
  • Key excerpts of Lieutenant Colonel Alexander Vindman’s testimony can be found here.
STATE/George Kent: Deputy Assistant Secretary for European and Eurasian Affairs (EUR)
  • The testimony of Deputy Assistant Secretary Kent can be found here.
  • Key excerpts from Deputy Assistant Secretary Kent can be found here.
STATE/Ambassador Bill Taylor: Current Chargé d’Affaires, US Embassy Ukraine
  • The testimony of Ambassador Taylor can be found here.
  • Key excerpts from Ambassador Taylor’s testimony can be found here.
STATE/Kurt Volker:  Former U.S. Special Envoy to Ukraine
  • The testimony of Ambassador Volker can be found here.
  • Key excerpts from Ambassador Volker’s testimony can be found here.
  • the Committees released all additional Volker text messages received by the Committees, which can be found here.
  • Key excerpts from these additional text messages can be found here.
  • The Committees first released excerpts of text messages produced by Ambassador Volker on October 2, 2019, which can be found here.
STATE/Ambassador Gordon Sondland:  Current U.S. Ambassador to the European Union
  • The testimony of Ambassador Sondland can be found here, including an addendum he filed on November 4, 2019
  • Key excerpts from Ambassador Sondland’s testimony can be found here.
STATE/Ambassador Michael McKinley:  Former Senior Advisor to Secretary of State Mike Pompeo
  • The testimony of former Senior Advisor to the Secretary of State Ambassador P. Michael McKinley from October 16, 2019 can be found here.
  • Key excerpts from McKinley’s testimony can be found here.
STATE/Ambassador Marie Yovanovitch: Former U.S. Ambassador to Ukraine
  • The testimony of former U.S. Ambassador to Ukraine Marie “Masha” Yovanovitch from October 11, 2019 can be found here.
  • Key excerpts from Yovanovitch’s testimony can be found here.

 

 

 

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Tuesday, September 24, 2019: Speaker Nancy Pelosi Announces Formal Impeachment Inquiry

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OSC’s Hatch Act Guidance: No Advocacy For/Against Impeachment, No #Resist, #ResistTrump Use

 

On November 27, the U.S. Office of Special Counsel (OSC) — not Robert Mueller’s but the federal agency with authorities to investigate cases related to the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment & Reemployment Rights Act (USERRA) — issued a new guidance regarding political activity. It says that  its Hatch Act Unit has received several questions regarding whether the following constitute “political activity” for purposes of the Hatch Act:

1. Is strong criticism or praise of an administration’s policies and actions considered political activity?

Criticism or praise that is directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group is political activity. Absent evidence that the criticism or praise is so directed, criticism or praise of an administration’s policies and actions is not considered political activity. Whether a particular statement constitutes political activity depends upon the facts and circumstances.

Consider, for example, the administration’s recent decision to move the U.S. embassy in Israel to Jerusalem. An employee who strongly criticizes or praises that decision during a workplace discussion with a colleague in the days immediately following the decision is less likely to be engaging in political activity than one making those same statements in the run-up to the next presidential election—when the decision will likely have been out of the news for several years—to a colleague that the employee knows has strong feelings about
the subject.

Read more here.

2. Is advocating for or against impeachment of a candidate for federal office considered political activity?

Yes. Read more here.

3. Is activity related to “the Resistance” considered political activity?

To the extent that the statement relates to resistance to President Donald J. Trump, usage of the terms “resistance,” “#resist,” and derivatives thereof is political activity. We understand that the “resistance” and “#resist” originally gained prominence shortly after President Trump’s election in 2016 and generally related to efforts to oppose administration policies. However, “resistance,” “#resist,” and similar terms have become inextricably linked with the electoral success (or failure) of the president. During the period when President Trump was not considered by OSC to be a candidate for reelection the terms did not raise any Hatch Act concerns. Now that President Trump is a candidate for reelection, we must presume that the use or display of “resistance,” “#resist,” “#resistTrump,” and similar statements is political activity unless the facts and circumstances indicate otherwise.

Note that this presumption is only relevant to employee conduct that takes place on duty, in the workplace, while wearing an agency uniform or insignia, or while invoking any official authority or influence. Provided that they comply with the Hatch Act’s restrictions, employees are free to engage in political activity while off-duty and away from the federal workplace.

In OSC’s example, if you tweet “I must #resist the temptation to eat another donut from the break room” – you would not/not be engaging in political activity but OSC would presume that “the use or display of the hashtags #resist and #resistTrump, in isolation, is political activity under the Hatch Act.”  Read in full here.

The thing is, Foreign Service folks are considered on duty 24/7, so what does this guidance means in the real world? We’ve asked the OSC; will update if we hear anything back.

You may also call the Hatch Act Unit at 202-804-7002 or send an e-mail to Hatchact@osc.gov  for your Hatch Act-related questions.

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