Page:CTRL0000034600 - Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021).pdf/201

201 enforcement. They can direct traffic. They can do all kinds of things. But if they've got to place someone in custody, actually make an arrest on Capitol grounds, they've got to have law enforcement authority to do that.

So that's what the DAG was concerned about, and that's what someone like Steve Engel can give you guidance on, because we didn't want to put these guys in a terrible situation where they now arrest someone because they're doing the right thing and 7 suddenly they've got personal liability because they weren't deputized and, therefore, didn't have the law enforcement authority to make an arrest.

As these emails were flowing that afternoon, I've got to tell you, I didn't see a lot. So, you know, the fact that there were emails coming through, I certainly wasn't staring at my phone reading every email as it came in. So I've seen them after the fact, but a lot of these I didn't see at the time.

Do you know if anyone was ultimately deputized on that day, on January 6th? I understand later they were.

I don't remember. I know we deputized them for the inauguration, for these very same reasons.

Exhibit 52 is a 4:27 outgoing email from yourself saying: 250 National Guard are heading to the Capitol, as per Secretary Army.

Was that a direct conversation you had with Mr. McCarthy?

I think so. I only have the vaguest recollection of this, but I think what happened was the Secretary of the Army called my cell phone. He said: I understand you're on the ground. Just wanted to give you an update. We've got 250 National Guard guys headed there now.

I said: Great.

I think I told him: Yeah. The Capitol Police said they're going to put your guys