TODAY IN CONGRESS:
Your One Stop Shop For Learning What Our Congress Critters Are Up To!
Unfortunately I have some sad news. Representative Elijah Eugene Cummings, Democratic Chairman of the House Oversight and Reform Committee, Civil Rights Hero and General All Around GOOD Man, passed away last night. Our hearts are with his friends and family today as we remember his momentous words and deeds. Angela Marx and Vetwife both have diaries up commemorating this Great Man.
Here’s today’s schedule with the events I think may be the most interesting in bold. You can watch C-Span HERE. NOTE: Sometimes C-Span posts additional Congressional events not on my list, later in the day.
Today’s Events:
House -
8:22 am — House Intelligence Committee Stakeout (Members of the House Select Committee on Intelligence speak with reporters after hearing from U.S. Ambassador to the European Union Gordon Sondland.)
10:00 am — House Natural Resources subcommittee Hearing on National American Latino Museum Legislation (A House Natural Resources subcommittee holds a hearing to highlight legislation that would create the National Museum of the American Latino in Washington, DC.)
10:00 am — House Session (The House may take up a bill requiring the Securities and Exchange Commission (SEC) to conduct usability testing of new disclosures that are primarily used by retail investors and are intended to help them make investment decisions.)
10:00 am — House Administration subcommittee Hearing on Voting Rights & Election Administration (A House Administration subcommittee holds a hearing on voting rights. A new C-SPAN/Ipsos survey found that 55% of people believe the government should still oversee election administration in states and localities with histories of voting discrimination.)
Senate —
10:00 am — Senate Session (The Senate will vote on a resolution of disapproval on the Administration’s new EPA power plant rule and later vote to override the President’s veto of the resolution terminating the emergency declaration on the southern border.)
10:00 am — Senate Banking Committee CFPB Hearing (Consumer Financial Protection Bureau (CFPB) Director Kathleen Kraninger testifies on the agency’s semi-annual report to Congress before the Senate Banking Committee.)
Yesterday’s Votes:
House —
1. House Joint Resolution 77 (H.J.Res. 77) Vote on Passage of H.J.Res. 77 - Opposing the decision to end certain United States efforts to prevent Turkish military operations against Syrian Kurdish forces in Northeast Syria. (You can read the text of the Joint Resolution HERE)
Democrats- 225 Yes 0 No 0 Present 9 Not Voting
Republicans- 129 Yes 60 No 3 Present 5 Not Voting
Independents- 0 Yes 0 No 1 Present 0 Not Voting
Totals- 354 Yes 60 No 4 Present 14 Not Voting
PASSED
Voting Details HERE.
Senate — No significant votes.
Comments:
Today’s Events – For your viewing pleasure today we have the House Intelligence Committee Stakeout of the Gordon Sondland closed door deposition. However, SURPRISE, there is actually something worth watching in the Senate today as they will be voting to override the President’s veto of the resolution terminating the emergency declaration on the southern border. Not expected to get the 66 votes needed to pass, but it might be interesting to see how many, if any, GOP Senators angry at Trump for the Syrian debacle use this as a protest vote.
Yesterday’s Votes — Yesterday, the House passed a Joint Resolution condemning Trump’s decision to pull US Troops out of northern Syria thereby allowing Erdogan to march in Turkish troops to annihilate our Kurdish Allies. I am not sure what is the bigger news, the fact that 129 Republicans did the right thing by voting for the resolution in defiance of their Not-So-Fearless Leader, or that 60 Republicans did the wrong thing by voting against the resolution in lock step with their Not-So-Fearless Leader. However, the real cowards are the 3 Republicans and Justin Amash who voted “present”. Do you really think voting “present” will keep both Trump and your constituents happy? Most likely not.
Notice that this is a Joint resolution, meaning that it will now go over to the Senate for #MoscowMitch to decide whether it will be put up for a vote on the Senate floor. My guess is he will come under great pressure from a substantial number of GOP Senators who will force him to allow a vote, assuming he is not 100% taken over by the Trump Dark Side. There will probably be more substantial legislation in the future on this in the way of substantial sanctions on Turkey. However, whatever gets passed will sadly be too late for our Allies the Kurds, too late to prevent the release of thousands of ISIS fighters and too late to save what’s left of our reputation as a reliable allie. Unfortunately, Trump has squeezed the toothpaste out of the tube and there is no way to put it back in. Sad!
COMMITTEE SUBPOENA WARS & IMPEACHMENT PROCEEDINGS —
Today’s Impeachment/Subpoena HeadlineS:
Former US Diplomat Mike McKinley Testified to Congressional Committees in Defiance of the White House Blockade
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Pelosi Stands Up To Trump in Meeting on His Syrian Decision
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UN Ambassador Gordon Sondland is Scheduled to be Deposed by Congressional Committees TODAY
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Giuliani Has Been Subject of FBI Counterintelligence Probe
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DoD Formally Defies Congressional Document Subpoena
Details below under “COMMITTEE ACTIVITY”.
COMMITTEE ACTIVITY:
Introduction: Before I get started with today’s long list of subpoena and impeachment activity, let me say that I have decided to do away with posting the repetitive “Background” section here on each Committee activity, in an effort to shorten an already too long post. Instead each background section will include a link to my September 26 Diary containing the full backgrounds for those who need to get up to speed. I will keep editing that Diary as time goes on to keep the background up to date. Below, I will post only recent developments (stuff that happened the day before) and any new developments.
Now on with the show. (New and Important stuff in bold)
House Judiciary Committee Barr Subpoena for Unredacted Mueller Report —
Background - CLICK HERE.
Recent Developments — None.
New Developments — None, awaiting Judge’s Ruling.
House Judiciary Committee McGahn Subpoena —
Background — CLICK HERE.
Recent Developments — None.
New Developments — None, waiting for October 31 Court Hearing.
House Judiciary Committee Hicks and Donaldson Subpoenas —
Background — CLICK HERE
Recent Developments — None.
New Developments — None, apparently waiting on results of the McGahn case.
House Judiciary Committee Subpoenas of Sessions, Kushner and Other Trump Staff —
Background — CLICK HERE.
Recent Developments — None.
New Developments — None. Waiting to see if Nadler holds Lewandowski in Contempt.
House Judiciary Committee Rob Porter & Rick Dearborn Subpoena —
Background — CLICK HERE.
Recent Developments — None.
New Developments — None, likely waiting for McGahn ruling on “Absolute Immunity”.
House Judiciary Committee Homeland Security Subpoena —
Background — CLICK HERE.
Recent Developments — None.
New Developments — None.
House Intelligence Committee Subpoena —
Background — CLICK HERE.
Recent Developments — No reports saying Flynn turned over the requested documents on September 18 nor on whether he showed up to testify yesterday (September 25) that I could find. I will continue looking, but my guess is the session was either postponed or he was a no show.
New Developments — None.
House Intelligence Committee Whistleblower Investigation —
Background — CLICK HERE.
Recent Developments — Here’s a brief summary of what has happened in recent days:
- Career Diplomat George Kent Testifies — Deputy Assistant Secretary of State for European and Eurasian Affairs George Kent testified for 10 hours in a closed-door deposition before the House Intelligence, Foreign Affairs and Oversight committees. An official working on the impeachment inquiry said that "in light of an attempt by the State Department, in coordination with the White House, to direct Deputy Assistant Secretary of State George Kent not to appear for his scheduled deposition, and efforts by the State Department to also limit any testimony that does occur, the House Intelligence Committee issued a subpoena to compel his testimony this morning." "As is required of him, DAS Kent is now complying with the subpoena and answering questions from both Democratic and Republican Members and staff," the official said. In an email from March 27, Kent flagged to his colleagues a "totally manufactured/fake list of untouchables." Then-Ukrainian Prosecutor General Yuriy Lutsenko had claimed Yovanovitch had given him such a "do not prosecute" list -- a claim the State Department denied and he later walked back. It was nonetheless seized upon by some in conservative media and compounded Rudy Giuliani's campaign against Yovanovitch. In his email, Kent noted that "one key sign of it being fake is that most of the names are misspelled in English." "This list appears to be an effort by Lutsenko to inoculate himself for why he did not pursue corrupt Poroshenko associates and political allies -- to claim that the US told him not to," Kent wrote, referencing the former President of Ukraine Petro Poroshenko. "Complete poppycock." Reprtedly, Kent told the Committee that acting White House Chief of Staff Mick Mulvaney organized a White House meeting at which Energy Secretary Rick Perry, US Ambassador to the European Union Gordon Sondland and U.S. envoy to Ukraine Kurt Volker were put in charge of Ukraine policy, according to a lawmaker present for the closed-door deposition. The move circumvented established policy-making channels in the executive branch and undermined US policy to promote the rule of law in Ukraine, Deputy Assistant Secretary of State George Kent told Congress, according to Rep. Gerry Connolly, D-Virginia.
"Sondland, Volker and Rick Perry declared themselves the three people now responsible for Ukraine policy," Connolly, D-Virginia, told reporters after attending part of the deposition for Kent, whose portfolio includes Ukraine.
"They called themselves 'the three amigos,'" said Connolly, a member of the Oversight Committee. "Volker called them that."
- Former US Diplomat Mike McKinley To Be Deposed on October 16 — Michael McKinley, a former US ambassador and a senior adviser to Secretary of State Mike Pompeo who resigned last week is scheduled to be deposed. McKinley, a former US ambassador, will appear before the House Intelligence, Oversight and Foreign Affairs committees on Wednesday, two congressional sources told CNN Monday. The former State Department adviser is appearing for a transcribed interview, according to one of the sources, which indicates he is not coming under subpoena. McKinley was deeply concerned with the silence in the top ranks at State in not defending former US Ambassador to Ukraine Marie "Masha" Yovanovitch, and it was one reason he resigned, one source told CNN.
- Pelosi Holding Off On House Impeachment Inquiry Vote — In the face of the White House’s and Giuliani’s threat to withhold all testimony and documents because the Full House has not voted for an impeachment inquiry, Pelosi announced yesterday that she is not planning to hold a House vote on an Impeachment Investigation, but she leave the door open to holding a vote in the future. "There's no requirement that we have a vote so at this time we will not be having a vote and I'm very pleased with the thoughtfulness of our caucus with the path that we are on," Pelosi said in news conference Tuesday evening, following a meeting with her caucus. Pelosi is not fully ruling out such a vote, a congressional aide confirmed to CNN, leaving her with the option to do so in the future, but she is not moving on it right now. Just so we are all on the same page, there is no Constitutional or Legal requirement for ot the House to hold such a vote to begin an Impeachment investigation, and it is NOT a legal reason to defy Congressional subpoenas.
- Pence & Giuliani Defy Congressional Subpoenas — The office of Vice President Mike Pence declined to comply with a records request from House committees leading an impeachment inquiry into President Trump, while Rudy Giuliani, Mr. Trump’s personal lawyer, said he doesn’t intend to comply with a congressional subpoena for documents. Giuliani is using the FAKE excuse that without a Full House vote, this proceeding is NOT an official Impeachment Inquiry, therefore he does not have to comply with no stink’en subpoena!
New Developments — Once again a lot of new stuff to try to summarize:
- US Diplomat Michael McKinley Testifies Before Congressional Committees — Michael McKinley, a former US ambassador and a senior adviser to Secretary of State Mike Pompeo who resigned last week, testified behind closed doors before the Congressional Committees conducting the Impeachment investigation. In a nutshell, his testimony corroborated the testimony given by previous witnesses. According to this report from POLITICO:
McKinley, according to people familiar with his nearly five-hour closed-door testimony, said he resigned in part after learning that Trump blasted Yovanovitch during his July 25 phone call with Ukrainian President Volodymyr Zelensky. McKinley also said the State Department was not doing enough to shield officials like Yovanovitch from partisan-driven criticisms and pressure, which he believed could undermine U.S. foreign policy objectives.
“I was disturbed by the implication that foreign governments were being approached to procure negative information on political opponents,” McKinley told Congress, according to the former colleague familiar with his testimony. “I was convinced that this would also have a serious impact on foreign service morale and the integrity of our work overseas.”
“Since I began my career in 1982, I have served my country and every president loyally,” McKinley added. “Under current circumstances, however, I could no longer look the other way as colleagues are denied the professional support and respect they deserve from us all.”
- Gordon Sondland to Be Deposed TODAY — EU Ambassador Gordon Sondland is expected to honor a Congressional subpoena and appear in a closed door deposition today conducted by Members and Staff on the Congressional Committees conducting the Impeachment investigation. According to this NYTimes Story:
In testimony scheduled for Thursday, Mr. Sondland was expected to say that during a meeting in May, Mr. Trump gave him and two other officials the impression that they should coordinate on Ukraine issues with his personal lawyer Rudolph W. Giuliani. That command effectively created a foreign policy back channel that cut the State Department and National Security Council out of deliberations involving a pivotal ally against Russia.
Mr. Sondland was also expected to testify that he realized by midsummer that Mr. Trump had a condition for agreeing to an Oval Office meeting with Volodymyr Zelensky, the new president of Ukraine: an announcement by Ukrainian prosecutors that could benefit Mr. Trump’s political fortunes.
Sondland is sort of a wild card in all this. Initially portrayed as a Trump loyalist, there are signals coming from his attorney that he is more interested in saving his own skin, and therefore may be more of a cooperative witness. We will see!
House Committees Issue Subpoenas to DoD and OMB -
Recent Developments —
OMB Subpoena — The Office of Management and Budget didn’t comply Tuesday with a subpoena for documents about the delay in nearly $400 million in aid to Ukraine, according to a senior administration official. House Democrats are seeking documents about why the aid was withheld, probing, among other matters, who was involved in the decision-making process for delaying the money.
DoD Subpoena — The Defense Department, meanwhile, faced a deadline Tuesday to turn over documents to Congress as part of the inquiry. The department had no comment but Mr. Schiff said at a news conference that initial signals that the Pentagon would comply appeared to have been overridden by the White House.
New Developments —
DoD Subpoena — The Department of Defense has formally announced it will not comply with the Congressional subpoena for documents related to the withholding of military aid to Ukraine. According to this TPM Report:
The Department of Defense won’t comply with House committees’ subpoena of documents relevant to the impeachment inquiry “at this time,” citing the ongoing White House claim that the House’s probe is illegitimate.
In a letter from Assistant Secretary of Defense for Legislative Affairs Robert Hood on Tuesday, the Defense Department took issue with the House’s authority to launch an impeachment probe without a full House vote — the line of attack that the White House and top Republicans have been peddling for weeks. It also argued that the documents requested in the subpoena were protected by executive privilege and would require “careful review” before they could be handed over.
The Pentagon also took issue with the characterization that it would be obstructing the impeachment probe if it refused to comply.
“Invoking reasonable legal defenses to a subpoena, including invoking legal privileges that are held by the President, in no way manifests evidence of obstruction or otherwise warrants an adverse inference,” Hood wrote. “Indeed, the very idea that reasonably asserting legal rights is itself evidence of wrongdoing turns fundamental notions of fairness on their head and is inconsistent with the rule of law.”
It sounds like the military has come down fully on the side of Team Trump and NOT Team US Constitution. Does anyone else find that scary?
House Financial Services Committee and House Intelligence Committee Deutsche Bank and Capital One Subpoenas (Trump’s Banking Records) —
Background — CLICK HERE.
Recent Developments — None.
New Developments — None.
House Oversight and Reform Committee Mazars Subpoena (Financial Records) —
Background — CLICK HERE.
Recent Developments — The DC Circuit case, Trump v. Mazars, is in limbo. Though the appeals court ruled against Trump on Friday, the court announced shortly thereafter that the order would not take effect right away — and could likely be delayed even further if Trump files a petition asking all eleven of the DC Circuit’s judges to rehear the case. Still, waiting to see what Trump lawyers will do?
New Developments — House Oversight Committee has filed a Motion asking the Court to expedite the Mazars case. According to this report from The Hill:
The House Oversight Committee asked a federal appeals court to expedite the enforcement of a subpoena for President Trump's financial records, citing Democrats' ongoing impeachment inquiry.
The motion comes just days after the U.S. Court of Appeals for the D.C. Circuit upheld the Oversight Committee's subpoena of the financial firm Mazars, in a sweeping victory for the House Democrats. The subpoena was issued earlier this year prior to the launch of the impeachment inquiry.
A three-judge panel on the circuit court ruled on Friday that Mazars would have to turn over eight years worth of Trump's financial records to the House committee. Trump's lawyers have a period following the ruling during which they could ask that the case be reconsidered by the full circuit court.
The motion on Wednesday asked the court to forego that period and enforce the subpoena immediately or at least to shorten the period in which Trump can ask for the decision to be reviewed.
It appears Trump’s lawyers will ask the Full DC Circuit Court of Appeals to review the case, but not before the court compels them to.
House Oversight and Reform Committee Subpoenas of White House Staff Documents —
Background — CLICK HERE.
Recent Developments — None.
New Developments — None. Subpoena has a deadline of October 18.
House Ways & Means Committee Subpoena (Trump’s Tax Returns) —
Background — CLICK HERE.
Recent Developments — None.
New Developments — None, except for the Mazars case above.
That’s All for today! If I missed some new development, I apologize. This this thing is now moving so fast in so many new directions I am finding it hard to keep up. I will continue to try my best.