Rudy Giuliani subpoenaed by House Democrats for Ukraine documents

The whistleblower battle continues amid new reports that Secretary of State Mike Pompeo listened in on the call between President Trump and the president of Ukraine.
7:31 | 10/01/19

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Transcript for Rudy Giuliani subpoenaed by House Democrats for Ukraine documents
We're gonna turn to Washington and with a new major development in the impeachment inquiry fallout. ABC news now confirming a Wall Street Journal report that secretary of state mock Mike Pompeo was listening in on that July 25 phone call. Between president trumping Ukrainian presidents a Lansky. A short time later we learned attorney general bill Barr has been traveling the world trying to convince countries. To help them investigate the origins of the Muller probe in all of this came just hours after the House Intelligence Committee. Subpoenaed it Rudy Giuliani still let's just say there is a lot going on here so want to bring in three very knowledgeable women to help bring us all down for us we have Karen Travers at the White House. We have Catherine falters in DC and we have legal analyst at NYU professor Melissa Marie with us as well so. A lot of questions here ladies I'm I wanna begin with Catharine. I just wanna know how the Democrats are reacting to this Pompeo in bar news and will they be subpoenaed as well. A yes and the Democrats have. Already subpoenaed and a secretary of state Mike Pompeo for documents. To turn over to congress they haven't. Asked them to specifically come testify yet but they've also asked for five. State Department officials. To appear for deposition some starting this week and next but. Kimberly most recent development on ordinances is that the secretary of state has just actually sent a letter. To the house foreign affairs a committee that states that he does not want those five State Department officials showing up he says they may not attend any interview or deposition without counsel from the executive branch president. He's also indicated that. He most likely is not going to turn over any of those documents and it's important than any subpoenas the house Democrats have predicted this they said that any refusal to cooperate or turning over these documents. Will constitute as obstruction. In two there impeachment. Probe. Yeah it's really incredible I'm in seems like it's just getting deeper and caring you know the president has been trying to. Dis credit this whistle blower and also. Expose his identity so. But him a letter was released a late yesterday by that IC IG and it seems to poke a giant hole. In his argument that this was the blur is not credible. Get two different things are Kimberly and the president yesterday and asked if he knew who the whistle blower isn't the president said. He doesn't it but that they're trying to find out who this person is that is putting together in accurate information to credibility Angola at the White House saying that. The whistle blowers information was false inaccurate incomplete but they have yet to give a rebuttal as to what in that complaint they are taking issue at. On the whistle blowers identity the president said yesterday they're looking to find out who it is but not clear what exactly they're trying to do. Lawyers for the whistle blowers say that any efforts to uncover and then identify who this person is is a violation of federal law and they're very concerned about the personal safety. Of their client. Inspector general note yesterday that in some of his allies have been pushing a theory that there was a rule change that allowed this whistle blower this summer. To give that information because he heard it second hand that essentially the standard was lowered from first hand information to secondhand. To pave the way for this complaint. Yesterday of very strong push back from the inspector general of the intelligence community saying that there was no change like that. And that this complaint this summer was processed in accordance with the law and the procedure had not changed. Analysts I want to bring UN today is some just two talk about what Karen mentioned there around the legality of everything is the whistle blowers identity. Legally protected. Well generally. Lower at La Tia was slower coming forward and should not be retaliation but the reality allows air and meet your protection. For whistle blowers me back in 1998 and his unity whistle blower protection act offers scant protection for whistle blower was bolstered. By presidential policy director that was an intentional walk in 2014. That provides the intelligence community sectors general with the opportunity to determine whether it was -- be retaliation entity corrective action. On that retaliation the problem of course quit the track and it is that it claims the president in charge and enforcement so we're in an odd situation here where. I don't think daily. Contemplated the idea that the president might be the one retaliate against the muscles are. And there's so many layers onto this case I just want to turn their Rudy Giuliani for a second Melissa you know some say he's entering the muddy. Legal territory but he's saying he continues his executive. Privileged if the house calls him to testify is that true. Well can we be should he Wear a certainty to branch taxi. Over and over again use media. He's acting in person to person past the president's personal lawyer. Executive. She heals the president and executive ranks from disclosing a official information and official communications are wrong he's a liar. He's not covered under executive privilege being cleared would be covered under attorney client privilege because the attorney client privilege only price if you were talking you're client. Information doesn't necessarily ecstatic she conversations with foreign leaders. Prosecuting individuals. Gorton and then your client so steamy see any light. Muddy Waters especially where privileges are concerned you need me in back Eaton cops to testify before. Congress and Melissa very quickly if someone refuses to comply what happens to them does it go to the Supreme Court what's what's the path. It is important for instance it would likely be objects you can you brokering between congress and the executive branch just check on Christina. Over the course isn't my investigations. But it isn't and how it's likely there will be an impasse in this case western and Nixon Watergate investigation. Italy and Kristi at the courts eventually making its lead to exclude or perhaps an expedited schedule. And Catherine where do you think we go from here I mean where where oh where is the path forward. A yeah why think Italy's a path forward. And congresses is yours they're on recess but you see Adam Schiff the chairman of the House Intelligence Committee along with that house foreign affairs committee in the oversight committee still continuing their work of course is depositions are expected this week and next that the secretary of state. A now announcing that he's blocking those. But ship has told members. To stay in town for any possible hearings are depositions they main. I have behind closed doors but Shirley when they come back when when all members come back they're gonna hit the ground running even more but but I will. A note that this is moving very quickly as you guys have talked about they minority subpoena and Rudy Giuliani for documents. The secretary of state Mike Pompeo. Said they want this to move quickly the timeline that we've heard is they hope. To how other investigative work done by Thanksgiving and it potentially. Were far articles of impeachment to the fall house by Christmas. All right lots of questions remain one at Saint Catherine folders on our DC bureau. Karen Travers is that the White House and Melissa Marie in YU professor thank you ladies for being with us.

This transcript has been automatically generated and may not be 100% accurate.

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