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Letter from Menendez, Leahy, and Durbin to Lutsenko Whistleblower Complaint on Ukraine (Kelly Smith, comp.) [1] (5/4/2018)

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                                     WASHINGTON, DC 20510



                                        May 4,2018

Mr. Yuriy Lutsenko
General Prosecutor
Office of the Prosecutor General of Ukraine
13/15 Riznytska St.
Kyiv, 01011
Ukraine

Dear Mr. Prosecutor General:

We are xrting to express great concern about reports that your office has taken steps to impede
cooperation with the investigation of United States Special Counsel Robert Mueller. As strong
advocates for a robust and close relationship with Ukraine, we believe that our cooperation
should extend to such legal matters, regardless of politics. Ours is a relationship built on a
foundation of respect for the rule of law and accountable democratic institutions. In four short
years, Ukraine has made significant progress in building these institutions despite ongoing
military, economic and political pressure from Moscow. We have supported that capacity-
building process and are disappointed that some in Kyiv appear to have cast aside these
principles in order to avoid the ire of President Trump, If these reports are true, we strongly
encourage you to reverse course and halt any efforts to impede cooperation with this important
investigation.

On May 2, the New York Times reported that your office effectively froze investigations into
four open cases in Ukraine in April, thereby eliminating scope for cooperation with the Mueller
probe into related issues. The article notes that your office considered these cases as too
politically sensitive and potentially jeopardizing U.S. financial and military aid to Ukraine. The
article indicates specifically that your office prohibited special prosecutor Serhiy Horbatyuk
from issuing subpoenas for evidence or interviewing witnesses in four open cases in Ukraine
related to consulting work performed by Paul Manafort for former Ukrainian president Viktor
Yanukovich and his political party.I

This investigation not only has implications for the Mueller probe, but also speaks to critically
important investigations into the corrupt practices of the Yanukovich administration, which stole
millions of dollars from the people of Ukraine. Blocking cooperation with the Mueller probe
potentially cuts off a significant opportunity for Ukrainian law enforcement to conduct a more
thorough inquiry into possible crimes committed during the Yanukovich era. This reported
refusal to cooperate with the Mueller probe also sends a worrying signal-to the Ukrainian
people as well as the international community --about your government's commitment more
broadly to support justice and the rule of law.
We respectfully request that you reply to this letter answering the following questions:

    1. Has your office taken any steps to restrict cooperation with the investigation by Special
       Counsel Robert Mueller? If so, why?

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