Page:CTRL0000034602 - Transcribed Interview of Jeffrey Clark, (November 5, 2021).pdf/17

17 Mr. MacDougald. We go through that in detail in this letter.

Okay.

Mr. MacDougald. So there are a number of circumstances that combine the direct statements in the letter.

Beyond that, there — the statement that you all — the committee is relying on expressly states that it is not waiving anything, and there are conditions attached. Those conditions are not being met, and there is pending executive privilege lawsuit that specifically refers to people in Mr. Clark's position.

And, again, Mr. MacDougald, I appreciate that that is your position. I think it's important for us, as we consider options, contempt referrals or litigation to make a record just to make sure —

Mr. MacDougald. I understand that.

— that we're clear as to what the basis of the assertion is, on what facts or communications it relies. So I don't mean to sound belligerent. I'm just trying to ensure that we understand —

Mr. MacDougald. I understand and respect that. You have a job. I have a job.

To that end, we do need to go through, not every question that I would have asked, but I do need to flag particular areas that we seek to develop. I understand your position would be, as I go through those, that you will not answer that question due to assertion of executive privilege, but that, Mr. MacDougald, establishes the factual basis of what we're seeking as we consider further proceedings.

Mr. MacDougald. We're not willing to do that.

Well, again, this is a deposition of the select committee. I have to go through and ask some questions that will understandably prompt privilege. But, to