Page:CTRL0000034602 - Transcribed Interview of Jeffrey Clark, (November 5, 2021).pdf/14

14 without any way otherwise waive an executive privilege associated with matters the committee are purporting to investigate, President Trump will not agree — will agree not to seek judicial intervention to prevent your testimony or the testimony of five other former Department officials: Richard Donoghue, Patrick Hovakimian, Byung "B.J." Pak, Bobby Christine, and Jeffrey Clark. We have already received letters from the Department similar to the July 26th letter you received. As long as the committees do not seek privileged information from any other Trump administration officials or advisers. If the committee do seek such information, however, we will take all necessary appropriate steps on President Trump's behalf to defend the Office of the Presidency.

This is the letter you're referring to?

Mr. MacDougald. Yes, Mr. Schiff. I apologize for the —

Mr. Schiff. And you are aware that President Trump has not sought judicial intervention to prevent Mr. Clark's testimony?

Mr. MacDougald. Not specifically asking Mr. Clark, but the current lawsuit against the committee specifically refers to the invocation of executive privilege as to persons like Mr. Clark in footnote 2 of the opening brief in support of their application for preliminary injunction, which has been delivered, of course, to committee counsel.

Mr. Schiff. I just want to make sure that I have the chronology correct. The President's counsel wrote to Mr. Clark saying that they would not seek judicial intervention to prevent his testimony, and they have not done so. Correct?

Mr. MacDougald. That is not a fair or accurate summary of the letter. The letter attaches conditions to that, and those conditions have not been met.

Mr. Schiff. Well, if, presumably, Counsel, if the conditions have not been met, President Trump was more than capable of seeking judicial intervention to stop Mr. Clark's testimony. Correct?