On August 15, Ambassador Volker texted Ambassador Sondland that Mr. Yermak wanted to "know our status on asking them to investigate."820 Two days later, Ambassador Volker wrote: "Bill [Taylor] had no info on requesting an investigation—calling a friend at DOJ." Ambassador Volker testified that he was not able to connect with his contact at the Department of Justice.821
Mr. Kent testified that on August 15, Catherine Croft, Ambassador Volker's special assistant, approached him to ask whether there was any precedent for the United States asking Ukraine to conduct investigations on its behalf. Mr. Kent advised Ms. Croft:
[I]f you're asking me have we ever gone to the Ukrainians and asked them to investigate or prosecute individuals for political reasons, the answer is, I hope we haven't, and we shouldn't because that goes against everything that we are trying to promote in post-Soviet states for the last 28 years, which is the promotion of the rule of law.822
Mr. Kent testified that the day after his conversation with Ms. Croft, he spoke with Ambassador Taylor, who "amplified the same theme" and told Mr. Kent that "Yermak was very uncomfortable" with the idea of investigations and suggested that "it should be done officially and put in writing." As a result, it became clear to Mr. Kent in mid-August that Ukraine was being pressured to conduct politically-motivated investigations. Mr. Kent told Ambassador Taylor "that's wrong, and we shouldn't be doing that as a matter of U.S. policy."823
After speaking to Ms. Croft and Ambassador Taylor, Mr. Kent wrote a memo to file on August 16 documenting his "concerns that there was an effort to initiate politically motivated prosecutions that were injurious to the rule of law, both in Ukraine and U.S."824 Mr. Kent testified:
At the time, I had no knowledge of the specifics of the [July 25] call record, but based on Bill Taylor's account of the engagements with Andriy Yermak that were engagements of Yermak with Kurt Volker, at that point it was clear that the investigations that were being suggested were the ones that Rudy Giuliani had been tweeting about, meaning Biden, Burisma, and 2016.825
On August 17, Mr. Yermak reached out to both Ambassador Sondland and Ambassador Volker.826 Ambassador Sondland texted Ambassador Volker that "Yermak just tapped on me about dates. Havent responded. Any updates?"827 Ambassador Volker responded that "I've got nothing" and stated that he was contacting the Department of Justice to find out about requesting an investigation.828
Ambassador Sondland then asked: "Do we still want Ze [Zelensky] to give us an unequivocal draft with 2016 and Boresma [sic]?" Ambassador Volker replied: "That's the clear message so far ... ." Ambassador Sondland said that he would ask that Mr. Yermak "send us a clean draft," to which Ambassador Volker replied that he had spoken to Mr. Yermak and suggested that he and Ambassador Sondland speak the following day, August 18, to discuss "all the latest."829
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