Page:CTRL0000034602 - Transcribed Interview of Jeffrey Clark, (November 5, 2021).pdf/11

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from Doug Collins, who represented the former President, that essentially says, upon receipt of that DOJ authorization, that the former President will not seek judicial intervention to prevent your testimony or the testimony of the other Department of Justice officials who have already received letters from the Department similar to July 26th, 2021, letter.

So you attach a letter explicitly from the former President saying that he would not seek judicial intervention to prevent you from going forward with this deposition or other inquiries from Congress.

Mr. MacDougald.   we address the letter and what it means in detail in our letter. And we do not agree with the characterization that you just made of that letter. We view that letter as directly asserting executive privilege. And the nonobjection statement that you read from is expressly conditioned on certain things not happening. Those things have happened.

Furthermore, the President has in fact filed suit asserting executive privilege against the committee, and specifically, he referenced his intention of executive privilege with respect to former DOJ personnel, such as Mr. Clark. So, under the circumstances, I represent a client who asked—the President for whom he worked has unequivocally asserted executive privilege.

I understand that you all don't agree with that, and you think the current President has the authority to waive it. We don't agree with that. That's being decided in court now.

  Has there been any further communication, direct communication, from the former President's representatives to Mr. Clark about executive privilege?

Mr. MacDougald. I have had no communication with any attorney for Mr. Trump about any of this.