announcing or undertaking any investigations.
Additionally, Andriy Yermak, the only Ukrainian who allegedly was told about Ambassador Sondland's presumption, described in great detail his brief encounter with Ambassador Sondland that occurred when they were walking towards an escalator and said Ambassador Sondland never told him that U.S. security assistance was tied to investigations.[1] It defies logic to believe the President carefully orchestrated a months-long pressure campaign involving security assistance when the alleged victims of the supposed pressure campaign did not even know about it or about conditionality on any official act. Equally unconvincing is the assertion that everyone who disagrees with Ambassador Sondland's presumption is just lying.
Finally, the President was asked about Ambassador Sondland's presumption on two separate occasions, and both times President Trump said Sondland was wrong. After Ambassador Sondland told Senator Ron Johnson on August 30 about his presumption that U.S. security assistance was linked to investigations, Senator Johnson called the President on August 31 and asked if Ambassador Sondland's presumption was accurate.[2] The President said, "No way. I would never do that."[3] Senator Johnson and Senator Murphy subsequently met with President Zelensky. They discussed Ukraine's recent anti-corruption efforts and U.S. security assistance, but, not surprisingly, the question of investigations was not raised.[4] Likewise, when Ambassador Sondland asked President Trump what he wants from Ukraine, the President said, "I want nothing."[5] In fact, the President said he wanted President Zelensky to do what he ran on: root out corruption in Ukraine.[6]
Ultimately, Ukraine received the U.S. security assistance and a meeting with the President without announcing any investigations. There is no evidence that the President engaged in a pressure campaign or other scheme to condition security assistance on investigations. The Majority's case is built on a presumption that is contradicted by the evidence. The Intelligence Committee Minority Report provides further details about the flaws in the Majority's factual case. If the Majority proceeds with impeachment, it will be based on one presumption from one witness who amended his story multiple times.
After failing to substantiate the allegations related to the U.S. security assistance, the Majority's remaining allegation is that the President committed the "high crime" of asking President Zelensky to look into potential corruption involving Hunter Biden's role on Burisma's board of directors.[7] This allegation is not a high crime or misdemeanor.
- ↑ 69 Simon Shuster, Top Ukraine Official Andriy Yermak Casts Doubt on Key Impeachment Testimony, TIME (Dec. 10, 2019).
- ↑ Letter from Sen. Ron Johnson to the Honorable Jim Jordan, Ranking Member, H. Comm. on Oversight & Reform, and the Honorable Devin Nunes, Ranking Member, H. Perm. Sel. Comm. on Intelligence, at 5 (Nov. 18, 2019).
- ↑ Id. at 6.
- ↑ Id. at 6-7.
- ↑ See supra note 30, at 148-151 (Testimony of Ambassador Gordon Sondland stating the President said "l want nothing.").
- ↑ Id.
- ↑ See supra note 69.
investigations."); Simon Shuster, I Don't Trust Anyone at All,' Ukrainian President Volodymyr Zelensky Speaks Out on Trump, Putin and a Divided Europe," TIME (Dec. 2, 2019) (President Zelensky again denies there was a quid pro quo).
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