Page:CTRL0000034600 - Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021).pdf/91

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A A It stopped at that point. I think the FBI got back to me with either no information or similar information saying this guy has got a bunch of issues, and he is not a reliable source of information. I don't remember exactly, but I was ahead of them just by googling the guy.

Q Okay. All right. The other followup from the December 29th meeting involves the Supreme Court case. I want to go back to that. After the meeting in Mr. Meadows' office, do you get an email from the President's assistant, Molly Michael, with a draft complaint? Typically—we're at tab 15—

A I don't know if it was before or after, frankly. I see her email as 11:17 on the 29th. That might have come after; it might have come before this meeting. I don't remember exactly when the meeting was in the Chief of Staff's Office on the 29th, but it's the same day.

Q Okay. And is it right, Mr. Donoghue, that she forwards you, whether it was before or after the meeting in Meadows' office, a draft complaint, the United States of America versus several States, the complaint that was the subject of the original jurisdiction discussion that you just referenced?

A Yes. That's right.

Q So tell us, first of all, substantively, in your view, was—did Department of Justice have standing to bring—would the Department have had standing to bring this case in the Supreme Court?

A Initially, when this was brought up, I did not know. I suspected not, but I didn't know. And so we asked both OLC, the Office of Legal Counsel, and OSG, the Office of Solicitor General to look at the standing issue. There were a lot of other issues, obviously, too, but your initial question is, would we even have standing?

Q Right.