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Letter from Purpura to Wolosky re: Hill's Testimony Whistleblower Complaint on Ukraine (Kelly Smith, comp.) 1 (10/14/2019)

handle is hein.presidents/usgvtwht0092 and id is 1 raw text is: THE WHITE HOUSE WASHINGTON October 14, 2019 BY EMAIL Lee S. Wolosky, Esq. Boies Schiller Flexner LLP 55 Hudson Yards, 20th Floor New York, New York 10001 Dear Mr. Wolosky: Thank you for speaking with us this past Friday and for your follow-up letter this afternoon. We understand that your client, Dr. Fiona Hill, former Senior Director for European and Russian Affairs for the National Security Council (NSC), plans to appear on Monday, October 14, 2019, for a non-public deposition conducted by the U.S. House of Representatives Permanent Select Committee on Intelligence, Committee on Oversight and Reform, and Committee on Foreign Affairs (the House Committees). We appreciate that Dr. Hill is aware of her continuing obligation not to reveal classified information or information subject to executive privilege. As we discussed, that information includes but is not limited to the content of communications between the President and foreign heads of state and other diplomatic communications. It has been the longstanding position of Administrations of both political parties-indeed, dating back to the very first presidential administration '-that such diplomatic communications are protected by executive privilege. As Attorney General Reno explained during the Clinton Administration: History is replete with examples of the Executive's refusal to produce to Congress diplomatic communications and related documents because of the prejudicial impact such disclosure could have on the President's ability to conduct foreign relations. It is equally well established that executive privilege applies to communications to and from the President and Vice President and to White House and NSC deliberative communications.2 See fHistory ofRefusals by Executive Branch Officials to Provide Information Demanded by Congress, 6 Op. O.L.C. 751, 753 (1982) (noting that in response to a request for documents relating to negotiation of the Jay Treaty with Great Britain, President Washington sent a letter to Congress stating, Itlo admit, then, a right in the House of Representatives to demand, and to have, as a matter of course, all the papers respecting a negotiation with a foreign Power, would be to establish a dangerous precedent.) (citation omitted). Assertion of Executive Privilege for Documents Concerning Conduct of Foreign Affairs with Respect to Haiti, 20 Op. O.L.C. 5, 6 (1996) (citation and paragraph break omitted).

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