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Schiff, E. Engel, and Cummings Letter to Esper re: Pentagon Subpoena for Documents Whistleblower Complaint on Ukraine (Kelly Smith, comp.) [1] (10/7/2019)

handle is hein.presidents/usgvtwht0076 and id is 1 raw text is: 


                       tongres         of  the  3nitch        tate
                                  sailington,   ID   2flRK

                                      October  7, 2019

VIA  U.S. AND  ELECTRONIC MAIL

The Honorable  Mark  T. Esper
Secretary of Defense
1000 Defense  Pentagon
Washington,  D.C. 20301-1000

Dear Secretary Esper:

       Pursuant to the House of Representatives' impeachment inquiry, we are hereby
transmitting a subpoena that compels you to produce the documents set forth in the
accompanying  schedule by October  15, 2019.

       This subpoena is being issued by the Permanent Select Committee on Intelligence under
the Rules of the House of Representatives in exercise of its oversight and legislative jurisdiction
and after consultation with the Committee on Foreign Affairs and the Committee on Oversight
and Reform.  The subpoenaed  documents  shall be collected as part of the House's impeachment
inquiry and shared among the Committees, as well as with the Committee on the Judiciary as
appropriate.' Your failure or refusal to comply with the subpoena, including at the direction or
behest of the President or the White House, shall constitute evidence of obstruction of the
House's impeachment   inquiry and may be used as an adverse inference against you and the
President.

       The Committees  are investigating the extent to which President Trump jeopardized U.S.
national security by pressing Ukraine to interfere with our 2020 election and by withholding
military assistance provided by Congress to help Ukraine counter Russian aggression, as well as
any efforts to cover up these matters.

       In September 2018, Congress  appropriated $250 million to the Department of Defense
for the Ukraine Security Assistance Initiative for fiscal year 20192 In its Committee report
authorizing the appropriation, the Senate Committee on Armed Services wrote:

       The committee  remains deeply concerned by the continuing aggression of Russia and
       Russian-led separatist forces in Ukraine. The committee welcomes the delivery of


       ' See Letter from Jerrold Nadler, Chairman, Committee on the Judiciary, to Adam B. Schiff, Chairman,
Permanent Select Committee on Intelligence; Maxine Waters, Chairwoman, Committee on Financial Services:
Elijah E. Cummings, Chairman, Committee on Oversight and Reform; and Eliot L. Engel, Chairman, Committee on
Foreign Affairs (Aug. 22, 2019) (online at
https://judiciary .houise.govisites/democrats.judiciary.house.gov/files/documents/FiveChIairsLetter8g.2-2.pdt').
       - Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019
and Continuing Appropriations Act, 2019, Pub. L. No. 115-245 at § 9013(2018).


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