Administration blocks ambassador from testifying on Ukraine — live updates

BY EMILY TILLETT, KATHRYN WATSON, STEFAN BECKET, GRACE SEGERS
UPDATED ON: OCTOBER 8, 2019 / 1:10 PM / CBS NEWS
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Key facts and latest news
• At the direction of the State Department, the U.S. ambassador to the E.U. did not appear for testimony before House lawmakers. President Trump said he would "love" to send Gordon Sondland to testify, but not before what he called a "totally c*********d kangaroo court."
• Democrats are weighing extreme measures to conceal the whistleblower's identity in a potential interview in part because they fear at least one Republican on the committee might reveal the individual's identity to the White House.
• On a July call between Mr. Trump and Ukrainian President Volodymyr Zelensky, Mr. Trump urged Ukraine to investigate Joe Biden. Before the call, the president instructed acting chief of staff Mick Mulvaney to hold off on releasing military aid to Ukraine that had been appropriated by Congress.
• Soon after the July call, White House officials moved a record of the call to a highly classified computer system, severely restricting who could access it.
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Washington -- U.S. Ambassador to the European Union Gordon Sondland, who was scheduled to be interviewed by House committees Tuesday as part of the ongoing impeachment inquiry, was ordered not to appear for his deposition by the State Department, according to a statement issued by his attorney. Sondland was mentioned in the original whistleblower complaint and is a key witness to the Trump-Ukraine dealings.
Sondland's lawyer Robert Luskin said in the statement that Sondland "is profoundly disappointed that he will not be able to testify today." Luskin said the ambassador had traveled from Brussels for the testimony and made arrangements with committee staff to appear. Sondland "believes strongly that he acted at all times in the best interests of the United States" and remains ready to testify "on short notice," Luskin said.
Gordon Sondland, the U.S. ambassador to the European Union, addresses the media during a press conference in Bucharest on September 5, 2019.DANIEL MIHAILESCU / AFP/GETTY IMAGES
House Intelligence Committee Chairman Adam Schiff told reporters on Tuesday that Sondland was in possession of documents on his "personal device" related to Ukraine, which he said the State Department is withholding from the committee.
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"The failure to produce this witness, the failure to produce these documents, we consider yet additional strong evidence of obstruction of the constitutional functions of Congress," Schiff said.
Meanwhile, the House Intelligence Committee is considering "extraordinary moves" to protect the whistleblower's identity in a still-unscheduled upcoming interview, according to one lawmaker.
"We have to take all precautions, because we cannot burn his or her identity," Democratic Congressman Raja Krishnamoorthi told CBS News.
The potential measures -- including obscuring the whistleblower's appearance and voice -- were first reported by The Washington Post on Monday. -- Nancy Cordes and Grace Segers
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House Democrats say they'll subpoena Sondland
11:47 a.m.: The three Democratic chairmen leading the impeachment inquiry say they plan to subpoena Sondland, after he declined to appear Tuesday.
Schiff, Foreign Affairs Chairman Eliot Engel and Oversight and Reform Chairman Elijah Cummings announced their intention to subpoena Sondland for his testimony and documents on Tuesday. "
"We consider this interference to be obstruction of the impeachment inquiry," they wrote.
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Top House Democrats slam Trump for "obstructing" impeachment inqiury
House Intelligence Committee Chairman Adam Schiff speaks to reporters on Capitol Hill in Washington on October 8, 2019.JONATHAN ERNST / REUTERS
11:45 a.m.: Three top House Democrats -- Schiff, Engel and Cummings -- slammed the White House's efforts to block Sondland from testifying in a closed-door session on his knowledge of Mr. Trump's Ukraine dealings.
In a joint statement released by the committee chairs, they said the White House's efforts to block Sondland's testimony shows their attempts "to impede and obstruct the impeachment inquiry."
According to a statement by Sondland's attorney, the direction to not appear came from the State Department, just hours before he was to testify.
"These actions appear to be part of the White House's effort to obstruct the impeachment inquiry and to cover up President Trump's misconduct from Congress and the American people. Ambassador Sondland's testimony and documents are vital, and that is precisely why the Administration is now blocking his testimony and withholding his documents," the committee chairs said.
Now, Schiff, Engel and Cummings say they will move to issue a subpoena for Sondland's testimony and any related documents.
"We consider this interference to be obstruction of the impeachment inquiry," they added.
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Schiff says State Department is withholding documents from Congress
9:39 a.m.: Schiff says that Sondland has texts and documents on his "personal device" relating to Ukraine that the State Department is withholding from Congress. He told reporters the committee views the government's refusal to allow Sondland to testify as evidence of obstruction.
"The failure to produce this witness, the failure to produce these documents, we consider...additional strong evidence of obstruction of the constitutional functions of Congress," Schiff said. "The American people have a right to know if President Trump is working for their interests or in his own political interests."
However, Republican committee members defended the State Department's decision to block Sondland's testimony, complaining that Democrats had treated former U.S. special envoy to Ukraine Kurt Volker unfairly during his testimony before the committee last week. They also called for the full transcript of Volker's testimony before the committee to be released.
Trump confirms that he was involved in decision not to allow Sondland to testify
9:23 a.m.: In two tweets on Tuesday morning, Mr. Trump confirmed that he was involved in the decision not to allow Sondland to testify before the House Intelligence Committee.
"I would love to send Ambassador Sondland, a really good man and great American, to testify, but unfortunately he would be testifying before a totally c*********d kangaroo court, where Republican's rights have been taken away, and true facts are not allowed out for the public ... to see. Importantly, Ambassador Sondland's tweet, which few report, stated, "I believe you are incorrect about President Trump's intentions. The President has been crystal clear: no quid pro quo's of any kind." That says it ALL!" Mr. Trump wrote.
According to a statement by Sondland's attorney, the Department of State directed him not to appear for his interview before the House Joint Committee. The order came just hours before his scheduled meeting.
CBS News contributor Jonathan Turley noted that Mr. Trump's stated opposition to Sondland's testimony before the committee could undermine claims of executive privilege. The president tweeted that he didn't want him testifying before a "a totally c*********d kangaroo court."
Saying that he doesn't trust the committee is different that claiming executive privilege, which is based on protecting confidential communications and diplomatic relations. The former, Turley pointed out, is not a ground for refusal if a subpoena were to be issued.
Gordon Sondland, U.S. Ambassador to E.U., will not appear before Congress
8:26 a.m.: Sondland will not be appearing for his scheduled congressional interview today, after the State Department ordered him not to appear.
According to a statement by Sondland's attorney, the direction came just hours before he was to testify.
"Ambassador Sondland had previously agreed to appear voluntarily today, without the need for a subpoena, in order to answer the Committee's questions on an expedited basis. As the sitting U.S. Ambassador to the EU and employee of the State Department, Ambassador Sondland is required to follow the Department's direction," Sondland attorney, Robert Luskin, said in a statement. He said the ambassador was "profoundly disappointed" that he was not able to testify.
"Sondland believes strongly that he acted at all times in the best interests of the United States, and he stands ready to answer the Committee's questions fully and t***hfully," Luskin added.
Sondland was mentioned in the original whistleblower complaint and is considered a key witness in the president's dealings with Ukraine.
Text messages released last week between Sondland and other U.S. diplomats discussed efforts to get the Ukrainians to draft a statement agreeing on investigations into Burisma, the energy company that hired Joe Biden's son H****r, and Ukraine's alleged involvement in the 2016 U.S. e******n. The Ukrainians hoped to secure a White House meeting with President Trump.
But after Politico reported on August 29 that the president had decided to pause U.S. aid for Ukraine, Bill Taylor, the top U.S. diplomat in Ukraine, wrote, "I think it's crazy to withhold security assistance for help with a political campaign."
Sondland replied that Taylor was "incorrect about President Trump's intentions," saying the president had been "crystal clear: no quid pro quo's of any kind."
Former senior White House aides: Trump not receiving good advice on Ukraine, Syria
6:57 a.m.: CBS News has spoken to several former senior administration aides over the last few days, including former senior White House advisers who have been largely critical of how the White House has been handling recent situations including the Ukraine call, the release of the call's summary, the impeachment inquiry and now Syria.
The former senior advisers believe that there is a dearth of advisers in the current White House who have the ability or willingness to dissuade the president from bad political decisions.
"There is no one really left who can say, 'that's a bad idea,'" one former senior Trump aide said. -- Fin Gomez, Sara Cook and Weijia Jiang
Trump calls impeachment inquiry a "s**m"
President Trump speaks after a signing ceremony for a trade agreement with Japan in the Roosevelt Room of the White House, Monday, October 7, 2019, in Washington.EVAN VUCCI / AP
Monday, 4:54 p.m.: After signing a pair of trade deals with Japan at the White House, the president took questions from reporters and called the impeachment probe a "s**m."
"The impeachment inquiry is a s**m. The conversation that I had with the Ukrainian president, Zelensky, was a very good, it was a very cordial conversation," Mr. Trump said.
He again criticized House Intelligence Committee Chairman Adam Schiff for paraphrasing his remarks on the call during a congressional hearing last week, calling him a "fraud." -- Stefan Becket
GOP senator says Trump "should not have raised the Biden issue" on Ukraine call
Senator Rob Portman speaks to reporters outside Wyoming High School in Wyoming, Ohio, on June 22, 2017.AFP CONTRIBUTOR / AFP/GETTY IMAGES
Monday, 4:21 p.m.: Republican Senator Rob Portman of Ohio said the president raising the prospect of investigating the Bidens on the July 25 call with the president of Ukraine was "not appropriate" but said he doesn't think it rises to the level of an impeachable offense.
"The president should not have raised the Biden issue on that call, period. It's not appropriate for a president to engage a foreign government in an investigation of a political opponent," Portman said in an interview with The Columbus Dispatch published Monday. "I don't view it as an impeachable offense. I think the House frankly rushed to impeachment assuming certain things."
The president called Portman "honorable" last week after Portman said he was given a "consistent reason" for the delay in releasing Ukraine aid. -- Stefan Becket
Pentagon and Office of Management and Budget subpoenaed
Monday, 12:39 p.m.: The Pentagon and the Office of Management and Budget (OMB) have been subpoenaed for documents in House Democrats' impeachment inquiry.
House Intelligence Chairman Adam Schiff, Oversight and Reform Committee Chairman Elijah Cummings and Foreign Affairs Committee Chairman Eliot Engel wrote to Defense Secretary Mark Esper and OMB Acting Director Russell Vought on Monday informing them of the subpoenas.
"Pursuant to the House of Representatives' impeachment inquiry, we are hereby t***smitting a subpoena that compels you to produce the documents set forth in the accompanying schedule by October 15, 2019," the chairmen wrote in their letter.
The White House was also subpoenaed for documents late Friday.
At least one week before Mr. Trump spoke by phone with the Ukrainian president in late July, he instructed his acting chief of staff, Mick Mulvaney, to hold off on releasing nearly $400 million in military aid for Ukraine that had already been appropriated by Congress. A senior administration official with direct knowledge of the Trump administration's actions regarding the funds previously confirmed to CBS News the delay in military aid.

TRUMP IMPEACHMENT
POLL SHOWS EVEN REPUBLICANS MAY BE COMING AROUND ON IMPEACHMENT
According to a new poll, 58 percent of Americans support the impeachment probe into Trump—including 30 percent of Republicans.

BY ERIC LUTZ
OCTOBER 8, 2019
Donald Trump has weathered storm after storm throughout his presidency, emerging virtually unscathed from controversies and disasters thanks to a Republican firewall that has so far wholly insulated him from consequences. But new polling suggests that his support may be cracking amid the Ukraine scandal that has engulfed his presidency and sent him on a path toward impeachment. A Washington Post/Schar School poll released Tuesday found that public opinion is dramatically shifting in favor of the fast-moving impeachment inquiry Democrats launched in response to Trump’s attempt to get Ukraine to investigate Joe Biden. Fifty-eight percent of Americans surveyed said they support the probe, and close to half of respondents backed Trump’s removal from office. More troubling for Trump, nearly 30 percent of Republicans polled said they support the inquiry, and close to a fifth of registered GOP v**ers say he should be removed.

That’s an ominous sign for Trump, whose support among Republicans has already seemed more tenuous during this impeachment push than at perhaps any other point in his presidency. Lindsey Graham, Jim Jordan, and other usual suspects have come to his aid, but their efforts to downplay the allegations at the heart of the impeachment inquiry have come up embarrassingly short. And while only a few in the GOP have outwardly criticized the president’s actions, the silence from the majority of Republican lawmakers has spoken volumes. Republicans who are normally enthusiastic in defending the president have kept their distance, lacking a coherent strategy and wary of getting involved when practically every day brings new disturbing reports.

Trump’s erratic conduct hasn’t helped matters, making some Republicans uneasy with things like threats of civil war. If his daily ranting about a deep state conspiracy hasn’t rankled Republicans, his stunning decision to allow Turkey to invade Northern Syria, leaving America’s Kurdish allies exposed, certainly has. That reckless move drew bipartisan backlash, including from Graham, who called the decision Monday a “disaster in the making.”

With a Democratic majority in the House, it’s likely that Trump will eventually be impeached. That’ll blemish his “resume”—something he’s reportedly told Republicans he doesn’t want—but until recently didn’t seem like something that could result in his removal from office, given the tight grip he’s held on the Republican-controlled Senate. Conviction remains a long shot, even though he’s admitted to, and publicly doubled down on, the very things he was accused of in the whistleblower complaint that set this whole impeachment push into motion, but it no longer necessarily seems impossible. Republican lawmakers have been reluctant to turn on Trump out of fear that doing so could put their own political futures in jeopardy. But if public opinion continues to go against the president, that could give them cover to hold him accountable.

Already an impeachment campaign appears to be brewing behind closed doors in the Senate, with Mitt Romney, who’s been sharply critical of the president since the Ukraine scandal broke, said to be reaching out to GOP colleagues about potentially pushing to oust Trump. “He could have tremendous influence in the impeachment process as the lone voice of conscience in the Republican caucus,” a Romney adviser told my colleague Gabriel Sherman on Monday, noting that the Utah Senator could potentially rally Trump-skeptics like Susan Collins, Ben Sasse, and Cory Gardner to the impeachment cause. That still wouldn’t be enough to seal Trump’s fate in the Senate—two-thirds are needed to convict—but House Democrats’ inquiry has only just begun. Last week, one witness yielded a trove of damning text messages between Trump envoys and Ukraine that suggested military aid and a White House visit for Volodymyr Zelenksy would be contingent on opening a probe into the former vice president and his son, H****r B***n; as the investigation continues, more revelations could emerge that further turn public opinion against Trump.
Republicans Are Waiting for an Impeachment Battle Plan That Isn’t Coming
BY ERIC LUTZ

No scandals! What a laugh. Here are just two of the scandals and there are a number of others.
1. The IRS scandal where they made it extremely hard for a conservative group to get a 501(c)(3) classification of a nonprofit political org.
2. The fast and furious problem where the Obama DOJ sold arms to criminal enterprises in Mexico, but then lost where the weapons went. Then a border patrol agent was k**led with one of those weapons.
Those are just two of the most egregious scandals committed by the Obama administration.
Have a great day!