The Trump-Ukraine Impeachment Inquiry Report includes Section II, The President’s Obstruction of the House of Representatives’ Impeachment Inquiry. Item #4 is The President’s Refusal to Allow Top Aides to Testify. One of the twelve current or former Administration officials named in the report for refusing to testify under the President’s direction is T. Ulrich Brechbuhl, the Counselor for the State Department. The counselor position at State is not a legal position despite its title. It is an “Under Secretary-level principal officer” position. The incumbent serves the “Secretary as a special advisor and consultant on major problems of foreign policy and who provides guidance to the appropriate bureaus with respect to such matters. The Counselor conducts special international negotiations and consultations, and also undertakes special assignments from time to time, as directed by the Secretary.”
Excerpt from report:
At President Trump’s direction, twelve current or former Administration officials refused to testify as part of the House’s impeachment inquiry, ten of whom did so in defiance of duly authorized subpoenas. The President’s orders were coordinated and executed by the White House Counsel and others, and they prevented testimony from officials from the White House, National Security Council, Office of Management and Budget, Department of State, and Department of Energy.
In following President Trump’s orders to defy duly authorized Congressional subpoenas, several Administration officials who, to date, remain under subpoena may have placed themselves at risk of being held in criminal contempt of Congress.209 These witnesses were warned explicitly that their refusal to obey lawful orders to testify “shall constitute evidence that may be used against you in a contempt proceeding” and could also result in adverse inferences being drawn against both them and the President.210
T. Ulrich Brechbuhl, Counselor, Department of State
(see PDF pp 241-243)
On September 13, the Committees sent a letter to Secretary of State Mike Pompeo seeking transcribed interviews with Counselor T. Ulrich Brechbuhl and other officials.271
The Committees received no direct, substantive response to this letter. On September 27, the Committees sent a letter informing Secretary Pompeo that Mr. Brechbuhl’s deposition was being scheduled on October 8, stating:
On September 13, the Committees wrote to request that you make State Department employees available for transcribed interviews. We asked you to provide, by September 20, dates by which the employees would be made available for transcribed interviews. You failed to comply with the Committees’ request.272
That same day, the Committees sent a letter directly to Mr. Brechbuhl seeking his appearance at a deposition on October 8.273
On October 1, Secretary Pompeo sent a letter to the Committees stating, “Based on the profound procedural and legal deficiencies noted above, the Committee’s requested dates for depositions are not feasible.”274
Later that day, the Committees sent a letter to Deputy Secretary of State John J. Sullivan stating that the State Department “must immediately halt all efforts to interfere with the testimony of State Department witnesses before Congress.”275
On October 2, Mr. Brechbuhl’s personal attorney sent an email to Committee staff stating:
My law firm is in the process of being formally retained to assist Mr. Brechbuhl in connection with this matter. It will take us some time to complete those logistics, review the request and associated request for documents, and to meet with our client to insure he is appropriately prepared for any deposition. It will not be possible to accomplish those tasks before October 8, 2019. Thus, as I am sure that you can understand, Mr. Brechbuhl will not be able to appear on that date as he requires a sufficient opportunity to consult with counsel. Moreover, given the concerns expressed in Secretary Pompeo’s letter of October 1, 2019, to Chairman Engel, any participation in a deposition would need to be coordinated with our stakeholders.276
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