Transcribed Interview of Daniel J. Scavino, Jr., (December 1, 2021)

by Select Committee to Investigate the January 6th Attack on the United States Capitol

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SELECT COMMITTEE TO INVESITGATE THE

JANUARY 6TH ATTACK ON THE U.S. CAPITOL,

U.S. HOUSE OF REPRESENTATIVES,

WASHINGTON, D.C.

 

DEPOSITION OF: DANIEL J. SCAVINO, JR. (NO-SHOW)

 

Wednesday, December 1, 2021

Washington, D.C.

 

The deposition in the above matter was held in Room 1540A, Longworth House Office Building, commencing at 9:59 a.m.

Appearances:

 

For the SELECT COMMITTEE TO INVESTIGATE THE JANUARY 6TH ATTACK ON THE U.S. CAPITOL:

 

  CHIEF COUNSEL

  SENIOR COUNSEL

 , PROFESSIONAL STAFF

Ms.   We are on the record.

Today is Wednesday, December 1st, 2021. The time is 10 a.m. We are convened in the Longworth House Office Building, Room 1540A, for the deposition of Daniel J. Scavino, Jr., to be conducted by the House Select Committee to Investigate the January 6th Attack on the United States Capitol.

The person transcribing this proceeding is the House stenographer and notary public authorized to administer oaths.

My name  . I am a senior counsel and senior adviser to the select committee and the select committee's designated staff counsel for this proceeding. I'm accompanied by   professional staff member, and   chief clerk.

For the record, it is now 10:01, and Mr. Scavino is not present.

On October 6th, 2021, Chairman Bennie Thompson issued a subpoena to Mr. Scavino both to produce documents by October 21st, 2021, and to testify at a deposition on October 28th, 2021, at 10 a.m.

The subpoena is in connection with the select committee's investigation into the facts, circumstances, and causes of the January 6th attack and issues related to the peaceful transition of power in order to identify and evaluate lessons learned and to recommend to the House and its relevant committees corrective laws, policies, procedures, rules, or regulations.

This inquiry includes examination of how various individuals, to include Mr. Scavino, and entities coordinated their activities leading up to the events of January 6th, 2021, and the messages, videos, and internet communications that were disseminated to the public concerning the election, the transition of administrations, and the constitutional and statutory processes that affect that transition.

After Mr. Scavino retained counsel, Mr. Stanley Woodward and Mr. Stan Brand, the select committee agreed several times to postpone the subpoena deadline to enable his counsel to overcome varied logistical challenges.

Ultimately, the select committee set new deadlines to produce documents and appear for testimony. Mr. Scavino was required to produce documents by November 29th, 2021, and appear for testimony an December 1st, 2021.

By letters dated between November 5th and November 26th, the select committee engaged with counsel for Mr. Scavino. In the letters, the select committee addressed Mr. Scavino's claims of, among other things, extensive and blanket assertions of privilege.

In the letter dated November 9th, the select committee also instructed Mr. Scavino to assert privilege claims in a privilege log based on the topics provided by the select committee no later than November 11th, 2021.

On November 18th, 2021, Mr. Scavino, through counsel, informed the select committee that he would not appear at the deposition then scheduled for November 19th. Specifically, counsel said that, quote, "Mr. Scavino cannot meaningfully appear for a deposition on Friday, November 19th, 2021," end quote.

Counsel also, for the first time, objected to the method of the select committee's service of Mr. Scavino's October 6th, 2021, subpoena despite having all relevant documentation, including the subpoena itself, in counsel's possession.

On November 23rd, 2021, Mr. Woodward, counsel for Mr. Scavino, agreed to accept service of a subpoena on Mr. Scavino's behalf, and the new subpoena was issued to Mr. Woodward that same day.

In a letter also dated November 23rd, 2021, the select committee addressed Mr. Scavino's other concerns and allowed a final continuance of the deposition date.

The select committee also reiterated the importance of a privilege log based on the topics provided by the select committee in the letter dated November 9th, 2021, and set a November 26th, 2021, deadline for this log.

The select committee further informed Mr. Scavino that, quote, "The select committee will view Mr. Scavino's failure to appear for the deposition and respond to the subpoena as willful noncompliance. His continued failure to produce documents pursuant to the subpoena also constitutes willful noncompliance.

"Mr. Scavino has a short time in which to cure his noncompliance. The continued willful noncompliance with a subpoena would force the select committee to consider invoking the contempt of Congress procedures in 2 USC, Sections 192 and 194, which could result in a referral from the House to the Department of Justice for criminal charges, as well as the possibility of having a civil action to enforce a subpoena brought against Mr. Scavino in his personal capacity," end quote.

Although the select committee continued to engage with counsel, Mr. Scavino, through counsel, informed the select committee that he would not appear today.

Specifically, Mr. Woodward informed counsel for the select committee on November 30th that, quote, "I believe our position remains fairly stated in our correspondence," end quote.

Mr. Woodward clarified to counsel for the select committee over the phone on November 30th, 2021, that this meant that Mr. Scavino would not be appearing on the record today, either to answer questions or to assert specific claims of privilege. Counsel for the select committee then confirmed this understanding over email correspondence.

To date, Mr. Scavino has not produced any documents or a privilege log, and Mr. Scavino has not appeared today to answer questions or assert privilege objections.

I will mark as exhibit 1 and enter into the record the October 6th select committee subpoena to Mr. Scavino included with materials that accompanied the subpoena, namely, a letter from the chairman, a document schedule with accompanying production instructions, and a copy of the deposition rules.

[Scavino Exhibit No. 1
Was marked for identification.]

Ms.   I will mark as exhibit 2 and enter into the record the receipt of service for the October 6th subpoena, which was personally served to Susan Wiles, chief of staff to the former President Trump, recorded on the proof of service as chief of staff for the 45th Office, on October 8th, 2021.

[Scavino Exhibit No. 2
Was marked for identification.]

Ms.   Ms. Wiles reportedly represented to the U.S. marshal who served her that she was authorized to accept service on Mr. Scavino's behalf.

I will mark as exhibit 3 and enter into the record the November 23rd select committee subpoena to Mr. Scavino included with materials that accompanied the subpoena, namely, a letter from the chairman, a document schedule with accompanying production instructions, and a copy of deposition rules.

[Scavino Exhibit No. 3
Was marked for identification.]

Ms.   I personally served the subpoena to Mr. Scavino's counsel, Stanley Woodward, over email pursuant to agreement with counsel.

I will mark as exhibit 4 and enter into the record a series of letters and emails exchanged between the select committee and counsel for Mr. Scavino.

[Scavino Exhibit No. 4
Was marked for identification.]

Ms.   Specifically, they are an email exchange between Mr. Woodward, myself, and Mr.   who is chief investigative counsel for the select committee, dated from October 20th until November 30th, 2021. This exchange includes emails of service of the November 23rd, 2021, subpoena far Mr. Scavino reflecting extended deadlines.

It also includes a letter from Mr. Woodward and Mr. Brand to the select committee on November 5th, 2021. Attached to that letter is a letter from Mr. Justin Clark, counsel to the former President, Donald J. Trump, to Mr. Scavine on October 6th, 2021.

There is also a letter from the select committee to Mr. Woodward and Mr. Brand dated November 9th, 2021; a letter from Mr. Woodward and Mr. Brand to the select committee dated on November 15th, 2021; a letter from Mr. Woodward and Mr. Brand to the select committee dated November 18th, 2021; a letter from the select committee to Mr. Woodward and Mr. Brand dated November 23rd, 2021; and finally, a letter from Mr. Brand and Mr. Woodward to the select committee dated November 26th, 2021.

I will note for the record that the time is now 10:08 a.m., and Mr. Scavino still has not appeared or communicated to the select committee that he will appear today as required by the subpoena.

Accordingly, as we await Mr. Scavino's compliance with the October 6th and November 23rd subpoenas, this section of the deposition stands in recess, subject to the call of the chair, at 10:09 a.m.

We are off the record.

[Whereupon, at 10:09 a.m., the deposition was recessed, subject to the call of the chair.]