4.The President's Refusal to Allow Top Aides to Testify
At President Trump's direction, twelve current or former Administration officials refused to testify as part of the House's impeachment inquiry, ten of whom did so in defiance of duly authorized subpoenas. The President's orders were coordinated and executed by the White House Counsel and others, and they prevented testimony from officials from the White House, National Security Council, Office of Management and Budget, Department of State, and Department of Energy.
Overview
No other President in history has issued an order categorically directing the entire Executive Branch not to testify before Congress, including in the context of an impeachment inquiry. President Trump issued just such an order.
As reflected in White House Counsel Pat Cipollone's October 8 letter, President Trump directed all government witnesses to violate their legal obligations by defying House subpoenas—regardless of their office or position.208 President Trump even extended his order to former officials no longer employed by the federal government. This Administration-wide effort to prevent all witnesses from providing testimony was coordinated and comprehensive. These witnesses were warned that their refusal to testify "shall constitute evidence that may be used against you in a contempt proceeding" and "may be used as an adverse inference against you and the President."
Despite the President's unprecedented commands, the House gathered a wealth of evidence of his conduct from courageous individuals who were willing to follow the law, comply with duly authorized subpoenas, and tell the truth. Nevertheless, the President's efforts to obstruct witness testimony deprived Congress and the public of additional evidence.
In following President Trump's orders to defy duly authorized Congressional subpoenas, several Administration officials who, to date, remain under subpoena may have placed themselves at risk of being held in criminal contempt of Congress.209 These witnesses were warned explicitly that their refusal to obey lawful orders to testify "shall constitute evidence that may be used against you in a contempt proceeding" and could also result in adverse inferences being drawn against both them and the President.210
Mick Mulvaney, Acting White House Chief of Staff
On November 5, the Committees sent a letter to Acting White House Chief of Staff Mick Mulvaney seeking his appearance at a deposition on November 8.211 The Committees received no response to this letter.
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