Page:CTRL0000034602 - Transcribed Interview of Jeffrey Clark, (November 5, 2021).pdf/15

15 Mr. MacDougald. Yes, Congressman Schiff.

Mr. Schiff. And he has not done so. Has he?

Mr. MacDougald. Representative, we disagree with that. And we're not here to have an oral argument about these —

Mr. Schiff. Counsel, I am just establishing the facts.

Mr. MacDougald. Well, the facts are plain in the documents.

Mr. Schiff. And you are aware, Mr. Clark, that those in a higher position in the Justice Department, who arguably would have a stronger claim of privilege if there was one to be made, have testified before Congress as to the same matters that you are being asked to testify?

The Witness. Mr. MacDougald has answered that question, respectfully, Representative Schiff.

Mr. Schiff. You are aware of that, Mr. MacDougald?

Mr. MacDougald. Oh, yes. It's addressed in the letter. It's addressed in the letter.

And what I would say to you all is I don't want to get into any kind of a bickering or arguing about the contours of executive privilege and whether an argument we have made is correct in person verbally. These are very important matters. We have worked hard on this letter to assert the objections. And we invite you all to respond to us, but we think that dialogue is best conducted in writing because it is so important. And it's important to be clear and precise in what we say.

And our position, we've stated it. We're not answering questions today. We're not producing documents today. We are leaving the door open for further dialogue about the points being raised in the letter. And I think that's the process that we ought to pursue.