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Letter from Cipollone to Nadler Declining White House Participation in Impeachment Hearing Whistleblower Complaint on Ukraine (Kelly Smith, comp.) 1 (12/1/2019)

handle is hein.presidents/usgvtwht0208 and id is 1 raw text is: 



                                    December   1, 2019

The Honorable  Jerrold Nadler
Committee  on the Judiciary
United States House of Representatives
Washington, D.C. 20515

Dear Chairman  Nadler:

       I write in response to your letter of November 26, 2019, to President Trump regarding the
purported impeachment  inquiry currently being conducted by Democrats in the House of
Representatives (House). As you know, this baseless and highly partisan inquiry violates all
past historical precedent, basic due process rights, and fundamental fairness. Your letter asked
that the President notify the House Comnittee on the Judiciary (Judiciary Conunittee or
Committee)  by December  1, 2019, whether the Administration intends to participate in a
hearing scheduled for December 4, 2019. You scheduled this initial hearing-no doubt
purposely-during  the time that you know the President will be out of the country attending the
NATO   Leaders Meeting in London.

       Your letter provides little information about the upcoming hearing. It vaguely indicates
that you intend to hold a hearing to discuss the historical and constitutional basis of
impeachment.  We  understand from rumors and press reports (though not from any notice
provided in your letter or in the official notice of the hearing) that the hearing will consist of an
academic discussion by law professors. We understand this to mean that your initial hearing will
include no fact witnesses at all.

       You also sent another letter on November 29, 2019, setting a different deadline of
December  6 for the President to provide notice as to whether the Administration intends to
participate in additional, unspecified hearings that apparently will occur after that date and to
specify the rights the President wishes to exercise at these additional hearings. Again, your letter
provided no information whatsoever as to the dates these hearings will occur, what witnesses
will be called, what the schedule will be, what the procedures will be, or what rights, if any, the
Connittee  intends to afford the President. In other words, you have given no information
regarding your plans, set arbitrary deadlines, and then demanded a response, all to create the
false appearance of providing the President some rudimentary process. In any event, this letter
responds only to your letter of November 26 and frilly reserves the right to respond firther when
and if you release more information about the December 4 hearing. We will respond separately
to your letter of November 29 by your requested deadline of Friday, December 6.

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