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E. Engel, Schiff, and Cummings Letter to Sullivan re: Pompeo Conflict of Interest Whistleblower Complaint on Ukraine (Kelly Smith, comp.) 1 (10/1/2019)

handle is hein.presidents/usgvtwht0060 and id is 1 raw text is: Congessof tf~e Initeb ff~tesr wasinaton, OT 2O515 October 1, 2019 The Honorable John J. Sullivan Deputy Secretary of State U.S. Department of State 2201 C Street, N.W. Washington, D.C. 20230 Dear Mr. Deputy Secretary: We are responding to a letter sent earlier today by Secretary of State Michael Pompeo attempting to block testimony from current and former State Department officials sought by our Committees for depositions as part of the House of Representatives' impeachment inquiry. We are writing to you because Secretary Pompeo now appears to have an obvious conflict of interest. He reportedly participated personally in the July 25, 2019 call, in which President Donald Trump pressed President Volodymyr Zelensky of Ukraine to investigate the son of former Vice President Joseph Biden immediately after the Ukrainian President raised his desire for United States military assistance to counter Russian aggression.I If true, Secretary Pompeo is now a fact witness in the impeachment inquiry. He should not be making any decisions regarding witness testimony or document production in order to protect himself or the President. Any effort by the Secretary or the Department to intimidate or prevent witnesses from testifying or withhold documents from the Committees shall constitute evidence of obstruction of the impeachment inquiry. Given the Secretary's own potential role, and reports of other State Department officials being involved in or knowledgeable of the events under investigation, the Committees may infer that he is trying to cover up illicit activity and misconduct, including by the President. This would be a blatant cover-up and a clear abuse of power. In his letter, Secretary Pompeo claims that Congress lacks the authority to conduct depositions without agency representatives in the room, despite our clear authority and a long precedent of doing so. He argued that the five officials subject to your letter may not attend any interview or deposition without counsel from the Executive Branch present.,2 Yet, when Secretary Pompeo served previously as a Member of the House of Representatives-and as one of the key Republican Members of the Benghazi Select Committee-he held exactly the opposite view. The House rule that protects witnesses in ' Pompeo Took Part in Ukraine Call, Official Says, Wall Street Journal (Sept. 30, 2019) (online at www.wsj.com/articles/pompeo-took-part-in-ukraine-call-official-says- 11569865002). 2 Letter from Secretary of State Michael R. Pompeo, State Department, to Chairman Eliot L. Engel, Committee on Foreign Affairs (Oct. 1, 2019). PRINTED ON RECYCLED PAPER

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