Page:CTRL0000034602 - Transcribed Interview of Jeffrey Clark, (November 5, 2021).pdf/12

12 Your letter indicates — and I'm looking at pages 2 and 3 — that the former President did directly direct other witnesses who have been subpoenaed by the subcommittee — Mark Meadows, Dan Scavino, Kash Patel, and Steve Bannon — asserting — instructing them not to testify. Did you get any similar communication from the former President similarly directing that you not provide testimony?

Mr. MacDougald. We contend the August 2nd letter from Mr. Collins on its face and in light of subsequent developments constitutes such a direction.

And your letter also cites the pending litigation. So, to be clear about your position, the pending litigation that the President has filed, Trump v. Thompson, in the D.C. district court governs, in your view, your ability to testify to the select committee without regard to executive privilege.

Mr. MacDougald. That's not accurate.

Okay. Well, help me understand.

Mr. MacDougald. So the President has asserted executive privilege. He's instructed Mr. Clark to assert executive privilege.

And your view is — I'm sorry to interrupt you.

Mr. MacDougald. Yes.

But that is in the August the 2nd letter?

Mr. MacDougald. And in light of subsequent developments and in light of footnote 2 in their brief, in their original brief in support of the application for preliminary injunction. So all those things together clearly instruct Mr. Clark to abide by President Trump's invocation of executive privilege. And, as his attorney, I cannot expose him to the risk of going against that.

Let me pause and see if anybody else — go ahead, Jeff.