Page:CTRL0000034602 - Transcribed Interview of Jeffrey Clark, (November 5, 2021).pdf/9

9 So we'll take a brief recess.

[Recess.]

BY :

Thank you for your indulgence. I had a chance to quickly look at the letter. And I do want to ask a few questions just to clarify more specifically the basis of the privilege assertion and ensure that we have on the record some of the things that happened before today.

So, Mr. Clark, you were subpoenaed back on October 13th to appear before the select committee, and we agreed to defer that to today when you obtained new counsel,

Mr. MacDougald. Is that right?

That's correct.

And were you given, and I asked you about this before, a letter back — dated July 26th of 2021, that — and I'm going to quote from it. It was from the Department of Justice, indicating that committees had sought your testimony about any efforts by President Trump or any DOJ officials to advance unsubstantiated allegations of voter fraud, challenge the 2020 election results, stop Congress' count of the electoral college vote, or overturn President Biden's certified victory.

And, in response to congressional inquiries on those subject matters, the Department of Justice indicated — and I'm going to quote again — given these extraordinary circumstances, including President Biden's determination that executive privilege — determination on executive privilege, which was that it wouldn't be appropriate, and having reviewed the scope of the committee's request and reviews, the Department authorizes you to provide unrestricted testimony to the committees irrespective of potential privilege, as long as the testimony is confined to the scope of the interviews as set forth by the committees. And you received that letter back in July. Is