The latest news on the impeachment inquiry
- The Justice Department concluded senior White House advisers have "absolute immunity" from congressional subpoenas for their testimony, according to a letter obtained by CBS News.
- Democrats on the committees leading the impeachment inquiry plan to release transcripts of closed-door hearings beginning this week.
- Last week, the House voted to approve a resolution establishing the procedures for the impeachment inquiry's next phase, laying out the framework for public hearings.
Washington -- The Justice Department's Office of Legal Counsel has concluded that high-level presidential advisers have "absolute immunity" from congressional subpoenas for their testimony, according to a letter sent Sunday.
In the letter to White House counsel Pat Cipollone, Assistant Attorney General Steven Engel said John Eisenberg, a White House attorney who was scheduled to be deposed Monday morning, was under no obligation to comply with the subpoena.
"You have asked whether the Committee may compel Mr. Eisenberg to testify," Engel wrote in the letter, dated November 3. "We conclude that he is absolutely immune from compelled congressional testimony in his capacity as a senior adviser to the President."
Cipollone then wrote to Eisenberg's attorney William Burck, saying "the President directs Mr. Eisenberg not to appear at the Committees deposition."
Burck cited both letters to tell committee chairs that Eisenberg would not appear for his scheduled testimony. Eisenberg is one of four White House officials who were set to be deposed Monday, with none expected to appear.
The stand-off comes as House Democrats are planning to release transcripts of the closed-door testimony provided as part of the impeachment inquiry as the probe enters a more public-facing phase.
Democratic Representative Jackie Speier, a member of the House Intelligence Committee, told "Face the Nation" on Sunday that the testimony will prove to be "very telling."
"I think you're going to see all of the transcripts that are going to be released probably within the next five days," Speier said. "I don't know if they're all going to be released on the same day. But they're going to be very telling to the American people."
A resolution passed by the House last week establishes the parameters of the inquiry moving forward, including the release of transcripts, public hearings in the Intelligence Committee and eventual hearings in the Judiciary Committee, where the president and his counsel will be able to cross examine witnesses and request subpoenas.
Over the weekend, a lawyer for the whistleblower offered to let House Republicans submit questions directly to his client, bypassing Democrats on the committee.
Mark Zaid, who represents the whistleblower who raised concerns about President Trump's call with the president of Ukraine, said he told Republican Representative Devin Nunes, the ranking member of the Intelligence Community, that his client would answer written questions under penalty of perjury.
Justice Department says White House advisers have "absolute immunity" from subpoenas
10:01 a.m.: The Department of Justice's Office of Legal Counsel said in a letter to the White House counsel that Trump advisers have "absolute immunity" from congressional subpoenas compelling their testimony in the impeachment probe.
In a letter to White House counsel Pat Cipollone obtained by CBS News, Assistant Attorney General Steven Engel said John Eisenberg, a White House attorney who was scheduled to be deposed Monday morning, was under no obligation to comply with the subpoena.
"You have asked whether the Committee may compel Mr. Eisenberg to testify," Engel wrote in the letter, dated November 3. "We conclude that he is absolutely immune from compelled congressional testimony in his capacity as a senior adviser to the President."
Engel argued that since the president's closest advisers "serve as his alter egos," compelling their testimony would "undercut the 'independence and autonomy' of the Presidency."
Cipollone subsequently wrote to William Burck, an attorney for Eisenberg, to inform him of the Justice Department's guidance and to tell him the president "directs Mr. Eisenberg not to appear at the Committees deposition."
Burck cited both letters in his own letter to the committee chairs Monday, saying his client "has no other option that is consistent with his legal and ethical obligations except to follow the direction of his client and employer, the President of the United States."
Burck said Eisenberg would comply with any decision by a federal judge who is currently considering whether Congress can compel White House officials to testify. -- Stefan Becket
White House officials skip depositions despite subpoenas
9:45 a.m.: Two White House officials scheduled to testify before the House committees leading the impeachment probe did not show for their depositions on Monday morning. Another confirmed he won't appear as scheduled in the afternoon.
The officials were issued subpoenas for their testimony, according to an official working on the impeachment inquiry.
John Eisenberg, a National Security Council lawyer, and Robert Blair, a top aide to acting White House chief of staff Mick Mulvaney, did not appear on Capitol Hill for their 9 a.m. depositions. An attorney for Michael Ellis, a White House lawyer, confirmed his client will also not appear for testimony scheduled for Monday afternoon.
Brian McCormack, an official in the White House budget office, is also expected to skip a deposition scheduled for later in the day.
The committees said the no-shows on Monday were part of "baseless procedural challenges" the White House has mounted to derail the impeachment inquiry. -- Camilo Montoya-Galvez
Trump rejects offer of written answers from whistleblower
8:00 a.m.: Without citing or providing any evidence, the president again accused the whistleblower who denounced his dealings with the Ukrainian government of including "false information" in his complaint.
Mr. Trump also called on the whistleblower to testify before Congress, echoing a demand made by his Republican allies in Congress.
"He must be brought forward to testify. Written answers not acceptable!" the president wrote on Twitter, seeming to reject an offer over the weekend by the whistleblower's counsel.
CBS News was the first to report on Sunday that Mark Zaid, one of the whistleblower's lawyers, offered Republican lawmakers the opportunity to submit written questions to their client without clearing them through the Democratic-led House Intelligence Committee. -- Camilo Montoya-Galvez
Read more here.
Speier says testimony will be "very telling"
6:00 a.m.: Speier said the American public can expect to see this week transcripts of recent closed-door congressional appearances by current and former Trump administration officials at the center of the impeachment inquiry.
"I think you're going to see all of the transcripts that are going to be released probably within the next five days," Speier said on "Face the Nation." "I don't know if they're all going to be released on the same day. But they're going to be very telling to the American people."
The California Democrat suggested the transcripts and the public hearings will allow the American to reach the same conclusion most of her Democratic colleagues have already made.
"That's going to give the American people an eye on exactly what we have heard. And what we have heard is growing evidence of grounds for impeachment," Speier added.
Read more here.
Whistleblower willing to answer Republicans' questions, lawyer says
5:30 a.m.: A lawyer for the whistleblower told CBS News he offered to have Republicans on the House Intelligence Community submit questions to his client directly without having to go through the committee's Democratic majority.
Attorney Mark Zaid told CBS News he contacted Representative Devin Nunes, the committee's ranking member, on Saturday to say his client is willing to answer Republicans' questions under oath and penalty of perjury if lawmakers submitted written questions to the whistleblower's legal team. The inspector general of the intelligence community, a President Trump appointee, could verify the whistleblower's identity in order to satisfy the committee's minority members while protecting the individual's anonymity.
Nunes' office did not immediately respond to a request for comment. Zaid said the offer underscores his client's desire to ensure his complaint is handled in a nonpartisan way.
Read the full story here.
Hoyer: Lawmakers "have a duty to the country" on impeachment
5:00 a.m: Maryland Congressman Steny Hoyer, the second-highest ranking Democrat in the House, said lawmakers in Congress have a constitutional responsibility to continue the impeachment inquiry -- regardless of the potential political fallout his party may face.
"This is not a calculation about whether this is good for us politically or bad for us politically," Hoyer said on "Face the Nation" on Sunday.
Hoyer conceded that the impeachment drive -- as well as potential articles of impeachment against Mr. Trump -- "may well" have political ramifications for Democrats. But he suggested it is a price his party is willing to pay.
"But we have a duty. We have a duty to the country, to the American people, and to the Constitution of the United States," he said. -- Camilo Montoya-Galvez
Read more here.
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