Page:CTRL0000034609 - Transcribed Interview of Kashyap Pramod Patel, (December 9, 2021).pdf/97

97 Well, you keep characterizing it as an order or whatever. I don't know what you're talking about. Neither do you because you haven't seen it, and I don't recall seeing it. But in a situation where an improper, unlawful order was even discussed, none of us would have executed it because that's not who we are and signed up for. And, on this occasion, you asked did I recall other times when I was chief of staff at DOD; I don't recall other times that discussion like that coming up.

Mr. Patel, I completely appreciate that you wouldn't execute an unlawful order because you're duty bound to follow procedure. So, when the topic comes up, and I think I heard you say a few minutes ago that it did, that there was some discussion with the Chairman of the Joint Chiefs of Staff, the National Security Advisor, and your boss, the Acting Secretary of Defense, about the existence of such an order and an unlawful, whatever you want to call it. That's kind of an unusual and big deal. Is that right?

Is it unusual?

Yeah.

Yeah. I would agree with you that if, again, agreeing to call it whatever it is since we've never seen it he, if any time it was unlawful or improper, we wouldn't do it. If, on this one instance, when we did discuss this matter and I was in and out, I agreed with my bosses obviously, that's not what we're going to do. And what I'm telling you is, I don't remember revisiting that issue with those individuals ever again.

Right. That's exactly my question. So that, despite the fact that this was so unusual and you're in such a prominent position, there's never any other discussion with Secretary Miller, with Chairman Milley, about this issue?

We're not going to—we're just not going to act on it. If it's improper or unlawful, the Secretary and the Chairman, we—so you might find this hard to believe,