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December 24, 2019

Keeping that information closely held.....

The Trump administration is hiding something

Opinion by Elie Honig

During the House Intelligence Committee's investigation of President Donald Trump's effort to pressure Ukraine into announcing an investigation of the Bidens, the committee issued 71 subpoenas and requests for information. The Trump administration, in response, produced nothing -- not a single piece of paper.

So, it's only fair to ask: What are they hiding?

We just got our first small hint, and the answer is alarming. A federal judge ordered the administration to turn over documents subject to a Freedom of Information Act lawsuit filed by the Center for Public Integrity. And just one of those documents -- an e-mail from Michael Duffey, a Trump appointee who served in the Office of Management and Budget, to other OMB and Pentagon officials -- gives us a tantalizing look at the administration's efforts to withhold foreign aid to Ukraine, and to cover up its own conduct.

Duffey -- one of four witnesses requested by Senate Minority Leader Chuck Schumer in Trump's upcoming Senate impeachment trial -- sent the e-mail roughly 90 minutes after Trump's July 25 phone call with Ukrainian President Volodymyr Zelensky. The Duffey e-mail is a prosecutor's dream, opening up various lines of potentially fruitful questioning.

Duffey writes, "Based on guidance I have received and in light of the Administration's plan to review assistance to Ukraine... please hold off on any additional DoD obligations of these funds."

First question: Who gave you the referenced guidance? Second question: What was the guidance? Clearly, somebody in the White House who was senior to Duffey told him to make sure to hold back foreign aid to Ukraine -- and did it right after Trump's call with Zelensky. The answer to these questions could provide information vital to understand Trump's actions and motives toward Ukraine.

Duffey later instructs in the e-mail, "Given the sensitive nature of the request, I appreciate your keeping that information closely held."

Ok, Duffey: explain the "sensitive nature" of the request to hold back funding from Ukraine? Why was it sensitive? Who told you it was sensitive? The answers to these questions could prove damning to Trump and his most senior officials.

Remember: the Duffey e-mail is just one piece of paper out of likely thousands, or more, that the administration has but refuses to turn over. If this one e-mail raises so many important questions, just imagine what we don't yet know.

I believe we will see many or perhaps all of the documents that the administration is withholding -- somehow, someday. The documents might come out, like the Duffey e-mail did, through Freedom of Information Act requests. Or they might become public through other lawsuits, subpoenas by Congress or prosecutors, disclosure by future administrations, or leaks. But, one way or another, we will eventually learn what this administration may be hiding.

The problem, of course, is that we may not know what the Trump administration is covering up until it is too late -- until this administration is long gone, or until it is too late to fix the damage.

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