To subpoena certain Department of Defense documents and records.

SA 1288. Mr. SCHUMER proposed an amendment to the resolution S. Res.
483, to provide for related procedures concerning the articles of
impeachment against Donald John Trump, President of the United States;
as follows:

At the appropriate place in the resolving clause, insert
the following:
Sec. ___.  Notwithstanding any other provision of this
resolution, pursuant to rules V and VI of the Rules of
Procedure and Practice in the Senate When Sitting on
Impeachment Trials--
(1) the Chief Justice of the United States, through the
Secretary of the Senate, shall issue a subpoena to the
Secretary of Defense commanding him to produce, for the time
period from January 1, 2019, to the present, all documents,
communications, and other records within the possession,
custody, or control of the Department of Defense, referring
or relating to--
(A) the actual or potential suspension, withholding,
delaying, freezing, or releasing of United States foreign
assistance, military assistance, or security assistance of
any kind to Ukraine, including but not limited to the Ukraine
Security Assistance Initiative (USAI) and Foreign Military
Financing (FMF), including but not limited to--
(i) communications among or between officials at the
Department of Defense, White House, Office of Management and
Budget, Department of State, or Office of the Vice President;
(ii) documents, communications, notes, or other records
created, sent, or received by Secretary Mark Esper, Deputy
Secretary

[[Page S441]]

David Norquist, Undersecretary of Defense Elaine McCusker,
and Deputy Assistant Secretary of Defense Laura Cooper, or
Mr. Eric Chewning;
(iii) draft or final letters from Deputy Secretary David
Norquist to the Office of Management and Budget; and
(iv) unredacted copies of all documents released in
response to the September 25, 2019, Freedom of Information
Act request by the Center for Public Integrity (tracking
number 19-F-1934);
(B) the Ukrainian government's knowledge prior to August
28, 2019, of any actual or potential suspension, withholding,
delaying, freezing, or releasing of United States foreign
assistance, military assistance, or security assistance to
Ukraine, including but not limited to all meetings, calls, or
other engagements with Ukrainian officials regarding
potential or actual suspensions, holds, or delays in United
States assistance to Ukraine, including but not limited to--
(i) communications received from the Department of State
concerning the Ukrainian Embassy's inquiries about United
States foreign assistance, military assistance, and security
assistance to Ukraine; and
(ii) communications received directly from the Ukrainian
Embassy about United States foreign assistance, military
assistance, and security assistance to Ukraine;
(C) communications, opinions, advice, counsel, approvals,
or concurrences provided by the Department of Defense, Office
of Management and Budget, or the White House, on the legality
of any suspension, withholding, delaying, freezing, or
releasing of United States foreign assistance, military
assistance, and security assistance to Ukraine;
(D) planned or actual meetings with President Trump related
to United States foreign assistance, military assistance, or
security assistance to Ukraine, including but not limited to
any talking points and notes for Secretary Mark Esper's
planned or actual meetings with President Trump on August 16,
August 19, or August 30, 2019;
(E) the decision announced on or about September 11, 2019,
to release appropriated foreign assistance, military
assistance, and security assistance to Ukraine, including but
not limited to any notes, memoranda, documentation or
correspondence related to the decision; and
(F) all meetings and calls between President Trump and the
President of Ukraine, including but not limited to documents,
communications, and other records related to the scheduling
of, preparation for, and follow-up from the President's April
21 and July 25, 2019 telephone calls, as well as the
President's September 25, 2019 meeting with the President of
Ukraine in New York; and
(2) the Sergeant at Arms is authorized to utilize the
services of the Deputy Sergeant at Arms or any other employee
of the Senate in serving the subpoena authorized to be issued
by this section.
______