Colborn, Paul P (OLC)
From: Colborn, Paul P (OLC) Sent: Tuesday, May 14, 2019 9:54 AM To: Engel, Steven A. (OLC); Gannon, Curtis E. (OLC) Subject: Fwd: Discuss Mueller testimony
Won't be back until 12:15 or later. Could join noon meeting late and can do 3:30.
Sent from my iPhone
Begin forwarded message:
From: "Lasseter, David F. {OLA)"
Good morning all. Could we gather today to discuss the potential testimony of Mr. Mueller (b) (5) I SCO is discussing the scheduling of the testimony with HJC and HPSCI but needs to be better informed on the process as they seek an agreement.
Would noon or 3:30 work?
Thanks, David
David F. Lasseter
Document ID: 0.7.23922.34583 Rabbitt, Brian (OAG)
From: Rabbitt, Brian (OAG) Sent: Tuesday, May 14, 2019 10:27 AM To: Engel, Steven A. (O LC); Lasseter, David F. {OLA); O'Callaghan, Edward C. (OOAG); Weinsheimer, Bradley (OOAG); Colborn, Paul P (OLC); Gannon, Curtis E. {O LC) Cc: Boyd, Stephen E. {OLA) Subject: RE: Discuss Mueller testimony
330 would be best for me.
-Original Message---- From: Engel, Steven A. (OLC) < (b) (6) per OLC •> Sent: Tuesday, May 14, 2019 10:04 AM To: Lasseter, David F. (OLA)
OLC could 12:15 pm or 3:30 pm.
--Original Message----- From: Lasseter, David F. (OLA)
Document ID: 0.7.23922.34588 Weinsheimer, Bradley (ODAG)
From: Weinsheimer, Bradley (ODAG) Sent: Tuesday, May 14, 2019 10:44 AM To: O'Callaghan, Edward C. (ODAG); Lasseter, David F. (OLA) Cc: Rabbitt, Brian (OAG}; Engel, Steven A. (OLC); Colborn, Paul P (OLC); Gannon, Curtis E. (OLC}; Boyd, Stephen E. (OLA) Subject: RE: Discuss Mueller testimony
Fine with me as well. Thanks, Brad.
--Original Message---- From: O'Callaghan, Edward C. (ODAG)
I can do 3:30. I have a noon.
Edward C. O'Callaghan 202-514-2105
> On May 14, 2019, at 9:51 AM, Lasseter, David F. (OLA)
Document ID: 0.7.23922.34590 Weinsheimer, Bradley (ODAG)
From: Weinsheimer, Bradley (ODAG) Sent: Tuesday, May 14, 2019 4:55 PM To: Engel, Steven A. (O LC); Lasseter, David F. (OLA) Cc: O'Callaghan, Edward C. (ODAG); Rabbitt, Brian (OAG); Colborn, Paul P (OLC); Gannon, Curtis E. (OLC); Boyd, Stephen E. {OLA) Subject: RE: Discuss Mueller testimony
5:15 works for me. Brad.
--Original Message--- From: Engel, Steven A. (OLC) < (b) (6) per OLC ·> Sent: Tuesday, May 14, 2019 4:54 PM To: Lasseter, David F. (OLA)
Did we settle on a plan for getting back together re HPSCI? Ed and I are on a call until S pm. 5:15 pm?
Sent from my iPhone
> On May 14, 2019, at 9:51 AM, Lasseter, David F. (OLA}
Document ID: 0.7.23922.34626 Boyd, Stephen E. (OLA)
From: Boyd, Stephen E. {OLA) Sent: Tuesday, May 14, 2019 5:02 PM To: Engel, Steven A. (OLC} Cc: Lasseter, David F. (OLA); O'Callaghan, Edward C. (ODAG}; Rabbitt, Brian (OAG); Weinsheimer, Bradley (ODAG}; Colborn, Paul P (OLC}; Gannon, Curtis E. (OLC}; Peterson, Andrew (ODAG} Subject: Re: Discuss Mueller testimony
Let's do 5:15
Sent from my iPhone
On May 14, 2019, at 4:54 PM, Engel, Steven A. (OLC) ~ > wrote:
Document ID: 0.7.23922.34791 Engel, Steven A. (OLC)
From: Engel, Steven A. (OLC) Sent: Thursday, May 30, 2019 9:01 PM To: Gannon, Curtis E. (OLC); Colborn, Paul P {O l e) Subject: Fwd: HPSCI Chairman Letter - May 8, 2019 Subpoena Attachments: 20190530 - HPSCI CHM Schiff letter to OOJ on Continued Subpoena Compliance.pdf; ATT00001.htm; 20190530 - HPSCI - Addendum and Attachment B - Subpoena Letter.pdf; ATT00002.htm
Sent from my iPhone
Begin forwarded message:
From: "Lasseter, David F. (OLA)"
See attached. (b) (5)
-dfl
From: Bitar, Maher ◄ ( b ) (6) > Sent Thursday, May 30, 2019 8:30 PM To: Boyd, Stephen E. (OLA)
Stephen, David -
Please find attached a follow-on letter (with attachments) from Chairman Schiff outlining the Committee's way forward on documents requested pursuant to the May 8, 2019 subpoena, as well as reiterating and specifying the Committee's request fo r testimony by former Special Counsel Mueller and others. Ha rd copies will follow by mail.
Please confirm receipt and we look forward to discussing tomorrow.
Document ID: 0.7.23922.9948 Best, Maher
Maher Bitar General Counsel {Majority) House Permanent Select Committee on Intelligence {HPSCI) HVC-304 - The Capitol 202-225-
Document ID: 0.7.23922.9948 May 30, 2019
Addendum to Attachment A
(3) Konstantin Kilimnik a. Documents and materials, regardless of form, supporting the assessment that Kilimnik is associated with Russian intelligence; b. Electronic communication related to discussion and transmission of internal Trump campaign polling data; c. Electronic communication related to a Ukraine peace plan; d. Electronic communication with Oleg Deripaska relating to, and including, Paul Manafort and/or Rick Gates; e. Electronic communication with Paul Manafort relating to, and including, Oleg Deripaska and/or Rick Gates; f. Electronic communication with Rick Gates relating to, and including, Paul Manafort and/or Oleg Deripaska; g. Electronic communication relating to, and including, Rinat Akhmetov; h. Electronic communication relating to, and including, Viktor Boyarkin; i. Electronic communication relating to, and including, Sam Patten.
(10) Thomas Barrack Information found in Barrack FD-302s related to: a. a "Middle East Marshall Plan," IP3, and/or any nuclear-related initiative; b. the 58th Presidential Inauguration Committee; c. his relationship and/or communication with Donald Trump, Paul Manafort, Rick Gates, Jared Kushner, Ivanka Trump, Donald Trump Jr., Michael Flynn, and/or any other member or associate of the Trump campaign and transition; d. communication with individuals or entities officially or unofficially associated with the Russian Federation, the United Arab Emirates, Qatar, Saudi Arabia, or other foreign governments discussing offering, providing, or being solicited to discuss, offer, or provide, any gift, contribution, or other thing of value to (a) Donald J. Trump or his business interests; (b) the Trump Organization or its associated entities; ( c) Jared Kushner or his or his family's business interests; and (d) Ivanka Trump or her business interests. e. Business opportunities, deals, or transactions involving individuals, entities or agents of the United Arab Emirates, Qatar, and Saudi Arabia.
Document ID: 0.7.23922.9948-000001 May 30, 2019
Attachment B
Tranche 1
(1) Special Counsel investigation scoping documents, including: a. Unredacted copy of the August 2, 2017 memorandum from then-Acting Attorney General Rod J. Rosenstein to Special Counsel Robert S. Mueller III titled "The Scope of Investigation and Definition of Authority;" b. All other documents outlining, defining, or otherwise clarifying the Special Counsel's scope of investigation, authorities, and areas of inquiry.
(2) Logs or ledgers (or other similar documents) detailing or itemizing requests made by the Special Counsel's Office (SCO) for foreign intelligence, counterintelligence, and/or other information, regardless of form or classification, from the Office of the Director ofNational Intelligence (ODNI) or other Intelligence Community (IC) agencies or elements, including the FBI.
(3) Documents sufficient to show and/or identify categories oflogs and/or ledgers (or other similar documents) detailing or itemizing foreign intelligence and/or counterintelligence information or reporting, regardless of form or classification, provided by any IC agency or element to the SCO or to its antecedent FBI investigation, which then-FBI Director James Corney announced publicly on May 20, 2017.
(4) Michael Cohen a. FD-302s
(5) Robert Foresman a. FD-302s
(6) KT McFarland a. FD-302s
(7) Paul Manafort a. FD-302s
(8) Sam Patten a. FD-302s
(9) Erik Prince a. FD-302s b. All electronic communication between Erik Prince and Kasbo and Preate;
2
Document ID: 0.7.23922.9948-000001 May 30, 2019
(10) Dimitri Simes a. FD-302s
(11) Viktor Vekselberg a. FD-302s
(12) Call records of Felix Sater communication with Evgeny Dvoskin
(13) Email from "Lana E. Alexander" (a/k/a Lana Erchova) to Ivanka Trump
(14) Text messages and emails related to the June 9, 2016 meeting involving Jared Kushner, Paul Manafort, and/or Donald Trump Jr.;
Tranche 2
(15) All foreign intelligence and counterintelligence "disseminations," including FD-1057s, from the Special Counsel's Office, whether prepared by FBI personnel assigned full-time or embedded temporarily with the SCO, to the FBI or other IC agencies or elements.
(16) Rinat Akhmetshin a. FD-302s
(17) Stephen Bannon b. FD-302s
(18) ·Roman Beniaminov a. FD-302s
(19) Jerome Corsi a. FD-302s
(20) Michael Flynn c. FD-302s
(21) Rick Gates d. FD-302s
(22) Rob Goldstone a. FD-302s b. Emails involving anyone affiliated with the Trump Organization or Trump campaign
(23) Andrew Intrater
3
Document ID: 0.7.23922.9948-000001 May 30, 2019
a. FD-302s
(24) Denis Klimentov a. FD-302s (25) Jared Kushner a. FD-302s
(26) Ted Malloch a. FD-302s
(27) John Mashburn . a. FD-302s
(28) Henry Oknyansky (a/k/a Greenberg) a. FD-302s
(29) Carter Page a. FD-302s
(30) Anatoli Samochomov a. FD-302s
(31) Shlomo Weber a. FD-302s
4
Document ID: 0.7.23922.9948-000001 ADAM 8. SCHIFF, CALIFORNIA ONE HUNDRED SIXTEENTH CONGRESS CHAIRMAN DEVIN NUNES, CALIFORNIA TO.OO'lllY lleRGREEN, STAFf DIRECTOR RANKING MEMBER {2021 225-7690 www.intelligence.house.gov ALLEN SOUZA, M1NORl'TY STAFF DIRECTOR
Jtermanent ~elect May 30, 2019 Stephen E. Boyd Assistant Attorney General United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Dear Mr. Boyd: I write in connection with the Department of Justice's ("Department") May 21, 20i9 agreement to produce an initial group of documents related to the Special Counsel's investigation as a first step towards compliance with the House Permanent Select Committee on Intelligence's ("Committee") May 8 subpoena. This letter (1) clarifies the scope of two of the 12 categories about which the Department has expressed reservations; (2) establishes a schedule for the Department to provide the next set of documents to the Committee as part of the Department's ongoing and rolling production of documents pursuant to the subpoena; and (3) outlines the Committee's request for testimony by former and current Department officials. First, as specified in the enclosed Addendum to Attachment A, the Committee proposes a refined scope for two of the 12 categories listed in Attachment A that accompanied the Committee's May 14 letter. The intent of the addendum is to facilitate and focus the Department's review of the Special Counsel's Office's holdings and protect a narrow category of material and information that is directly relevant to the outcome of a pending criminal investigation, while nonetheless meeting the Committee's need for this vital information. The Committee expects the production of these documents by Thursday, June 6. As noted by senior Committee staff in a meeting yesterday with Department representatives, the Committee also expects the Department to conclude its review and produce in full by June 6 the only other outstanding category of documents in Attachment A. Senior Committee staff also reiterated the Committee's request for the Department to explain in writing the basis for its disagreement with the Committee's position that the national security exception to grand jury material established in Federal Rule of Criminal Procedure 6(e)(3)(D) applies to the Committee, which we also request to be provided by June 6. Document ID: 0.7.23922.9948-000002 UNCLASSIFIED Second, as previewed by senior Committee staff yesterday, Attachment B outlines two additional tranches of documents that are responsive to the Committee's May 8 subpoena. The Committee expects the Department to produce the first tranche by Thursday, June 6, and the second tranche by Thursday, June 20. These categories of documents are similar in nature to the documents the Department has already produced ( or committed to produce) to the Committee and would serve as an additional good faith demonstration of compliance with the Committee's subpoena. To the extent the Department is unable or unwilling to produce a specific category of documents outlined in Attachment B, the Department must inform the Committee in writing by Wednesday, June 5 (a) which category of documents in Attachment B the Department will not produce to the Committee, and (b) why the Department will not produce the category of documents. Finally, the Committee formally reiterates its longstanding request for testimony by former Special Counsel Robert S. Mueller III and former Deputy Attorney General Rod Rosenstein. In addition, as senior Committee staff outlined yesterday, the Committee now requests that the following current and former officials appear before the Committee: Principal Associate Deputy Attorney General Edward O'Callaghan, Special Counsel's Office attorneys Aaron Zebley and James L. Quarles, and Federal Bureau of Investigation ("FBI") official David W. Archey. The Committee requests that the Department propose by June 6 a schedule for their testimony. It remains the Committee's sincere hope that the Department will continue to cooperate with the Committee. Production of the documents outlined in the attachments, and testimony by Special Counsel Mueller and other current and former officials, would serve to demonstrate that the Department is taking important steps towards complying with the subpoena in good faith. Sincerely, Chairman Enclosures: 1. Addendum to Attachment A I 2. Attachment B I 2 IL Document ID: 0.7.23922.9948-000002 Engel, Steven A. (OLC) From: Engel, Steven A. (OLC) Sent: Thursday, May 30, 2019 9:46 PM To: Gannon, Curtis E. (OLC); Colborn, Paul P (OLC} Subject: Fwd: HPSCI Chairman Letter - May 8, 2019 Subpoena Fysa Sent from my iPhone Begin forwarded message: From: "Rabbitt, Brian (OAG)" Ok Sent from my iPhone On May 30, 2019, at 5:27 PM, O'Callaghan, Edward C. (ODAG) Agree with Steve. Thanks. Edward C. O'Callaghan 202-514-2105 On May 30, 2019, at 9:19 PM, Lasseter, David F. (OLA) Rgr. Makes sense. David F. Lasseter On May 30, 2019, at 21:04, Engel, Steven A. (OLC) (b) (6) per OLC wrote: It seems like you could (b) (5) per OLC p Document ID: 0.7.23922.9945 (b) (5) per OLC (b) (5) per OLC Sent from my iPhone On May 30, 2019, at 8:53 PM, Lasseter, David F. (OLA) Document ID: 0.7.23922.9945 Lasseter, David F. (OLA) From: Lasseter, David F. {OLA) Sent: Wednesday, June OS, 2019 6:00 PM To: Weinsheimer, Bradley (ODAG); Boyd, Stephen E. (OLA); O'Callaghan, Edward C. (ODAG); Rabbitt, Brian (OAG); Engel, Steven A. (OLC) Subject: RE: HPSCI call (b) (5) - Original Message---- From: Weinsheimer, Bradley (OOAG) (b) (5) - Original Message--- From: Lasseter, David F. (OLA) Document ID: 0.7.23922.59664 Engel, Steven A. (OLC) From: Engel, Steven A. (OLC) Sent: Wednesday, June OS, 2019 6:19 PM To: Gannon, Curtis E. (OLC); Colborn, Paul P {O l e) Subject: Fwd: HPSCI call FYI. Sent from my iPhone Begin forwarded message: From: "Lasseter, David F. {OLA)" Readout: dfl David F. Lasseter Document ID: 0.7.23922.15880 Weinsheimer, Bradley (ODAG) Subject: Mueller testimony scope Lot:ation: Ed's office Start: Monday, July 1, 2019 1:30 PM End: Monday, July 1, 2019 2:00 PM Recurrence: (none) Meeting Status: Accepted Organizer: Weinsheimer, Bradley (ODAG) Required Attendees: Engel, Steven A. (Ole}; Gannon, Curtis E. (Ole); O'Callaghan, Edward C. (ODAG); Lasseter, David F. (OLA); Boyd, Stephen E. (OLA) Document ID: 0.7.23922.62040 O'Callaghan, Edward C. (ODAG) From: O'Callaghan, Edward C. (ODAG) Sent: Tuesday, July 2, 2019 7 :29 PM To: Lasseter, David F. {OLA); Weinsheimer, Bradley {OOAG); Boyd, Stephen E. (OLA) Cc: Engel, Steven A. (OLC); Gannon, Curtis E. (OLC) Subject: RE: Timing A5 Steve pointed out, (b) (5) Ed ward C. O'Callaghan 202-514-2105 From: Lasseter, David F. (OLA) That seems right From: Weinsheimer, Bradley (ODAG) (b) (5) From: Boyd, Stephen E. (OLA} Document ID: 0.7.23922.60770 SB Stephen E. Boyd Assistant Attorney General L".S. D€partment ofJustice Washingt on, D.C. (b) (6) Document ID: 0.7.23922.60770 Lasseter, David F. (OLA) From: Lasseter, David F. (OLA) Sent: Tuesday, July 9, 2019 3:06 PM To: Engel, Steven A. (Ol e); Boyd, Stephen E. (OLA) Cc: O'Callaghan, Edward C. (OOAG); Weinsheimer, Bradley (ODAG); Rabbitt, Brian (OAG); Gannon, Curtis E. (OLC} Subject: RE: Mueller Testimony gtg From: Engel, Steven A. (Ole} (b) (6) per OLC > Sent: Tuesday, July 9, 2019 2:52 PM To: Boyd, Stephen E. (OLA) Ok. On Jul 9, 2019, at 2:44 P¼ Boyd, Stephen E. (OLA) Good here. SB From: O'Callaghan, Edward C. (ODAG) Is 4 good for everyone? Steve's office? Edward C. O'Callaghan 202-514-2105 From: O'Callaghan, Edward C. (ODAG) Sent: Tuesday, July 9, 2019 11:59 AM To: Engel, Steven A. {OLC) (b) (6) per OLC Cc: Weinsheimer, Bradley (ODAG) Let's do 4. Document ID: 0.7.23922.71449 nawara 1...,_ u 1...,auagnan 202-51 4-2105 On Jul 9, 2019, at 10:32 .AM, Engel, Steven A. (OLC) ~ i> wrote: rd be available between 3:30 pm and 4:30 pm. From: Weinsheimer, Bradley (ODAG) Would 3:00 or sometime thereafter work? I have added OLC as well. Thanks, Brad. From: Boyd, Stephen E. (OLA) rm good after noon.. SB On Jul 9, 2019, at 9J4 AM, Rabbitt, Brian (OAG) Can we discuss today? From: O'Callaghan, Edward C. (ODAG) (b) (5) Edward C. O' Callaghan 202-514-2105 From: Lasseter, David F. (OLA} Document ID: 0.7.23922.71449 (UUAl::IJ Gentlemen-please see below from HPSCI and HJC (b) (5) Please let me know your thoughts on a response. Thanks, David Sent from my iPhone Begin forwarded message: From: "Golchnan, Daniel" •(b) (6) Date: July 8, 2019 at 20:.23:59 EDT To: David Lasseter David, Thanks again for the call today. V..fe are adding IDC staffto make sure everyone is on the same page going forward. As we understand the Department's position from om call today as well as the Department' s separate July 3 calls with HPSCI and HJC, the Department has determined that it "will not support" the testimony ofanyone in the SCO other than Special Counsel :Mueller, including Aaron Zebley and Jim Quarles, who have agreed to accompany the Special Counsel on Julv 17 during his appearance and also to take questions thereafter from Members from both Committees in closed session_ This accommodation to the subpoenas issued by both Committees was reached pursuant to negotiation between the Committees and the Special Counsel's representatives. In addition, although the Department has informed us that it concurs with Special Counsel Mueller' s stated intention offocusing his testimony on information contained in his report, the Department has not itself sought to place any prohibitions or limitations on the Special Counsel's. testimony before the Committees, nor sought to restrict the amount oftime he testifies before the Committee. We would appreciate it ifyou could confum this understanding on behalfofthe Department so we are all on the same page moving forward_ Best, Dan Document ID: 0.7.23922.71449 .uamet r.), uo,arnan Sr. Advisor and Dir. ofInvestigations (Majority) House Permanent Select Committee on Intelligence HVC-304, The Capitol W,· (102) 22~ C: (202) 577fll Document ID: 0.7.23922.71449 Weinsheimer, Bradley (ODAG) From: Weinsheimer, Bradley (ODAG) Sent: Wednesday, July 10, 2019 6:21 PM To: Engel, Steven A. (OLC} Cc: O'Callaghan, Edward C. (OOAG); Gannon, Curtis E. (OLC) Subject: RE: Mueller scope letter Attachments: Mueller testimony authorization I1.docx; Weinsheimer Letter dtd 07.10.2019.pdf; 20190625 - HPSCI Subpoena - Robert Mueller.pdf; Judiciary.pdf ...iere itis. (b) (5) I have modified the letter accordingly in the attached, although I can make changes to the older draft ifyou already have begun to review it. Thanks, Brad. From: Engel, Steven A. {OLC} ◄ (b) (6) Sent: Wednesday, July 10, 2019 5:48 PM To: Weinsheimer, Bradley {OOAG} Ok. Will do. And please forward the letterupon receipt. Sent from my iPhone On Jul 10, 2019, at 5:15 PM, Weinsheimer, Bradley (ODAG) Document ID: 0.7.23922.71819 SUBPOENA BY AUTHORITY OF THE HOUSE OF REPRESENTATIVES OF THE CONGRESS OF THE UNITED STATES OF AMERICA Robert S. Mueller, III To You are hereby commanded to be and appear before the Permanent Select Committee on Intelligence ofthe House of Representatives ofthe United States at the place, date, and time specified below. D to produce the things identified on the attached schedule touching matters of inquiry committed to said committee or subcommittee; and you are not to depart without leave of said committee or subcommittee. . Place of production:------Date: ______Time: ______ 0 to testify at a deposition touching matters of inquiry committed to said committee or subcommittee; and you are not to depart without leave ofsaid committee or subcommittee. Place oftestimony: Date:______Time: I ------0 to testify at a bearing touching matters of inquiry committed to said committee or subcommittee; and you are not to depart without leave ofsaid committee or subcommittee. Place of testimony: 2141 Rayburn House Office Building, Washington, D.C. 20515 Time: 12:00 P.M. tf/~1Slt~f.l To Any authorized member of the HPSCI staff or the U.S. MC!fllPIR!tService to serve and make return. Witness my hand and the seal ofthe House of Representatives ofthe United States, at the city of Washington, D.C. this 25th ~ Document ID: 0.7.23922.71819-000001 PROOF OF SERVICE Subpoena for Robert S. Mueller, III Address c/o Jonathan R. Yarowsky, Wilmer Cutler Pickering Hale and Dorr, LLP 1875 Pennsylvania Avenue, NW, Washington DC, 20006 before the Permanent Select Committee on Intelligence US. House ofRepresentatives I 16th Congress Served by (print name) ------Maher Bitar Title General Counsel, House. Permanent Select Committee on Intelligence Manner ofservice E-Mail Date June 25, 2019 Signature of Server ~ £A;;;.._ Address House Permanent Select Committee on Intelligence, HVC-304, U.S. Capitol, Washington, D.C. 20004 Document ID: 0.7.23922.71819-000001 SUBPOENA BY AUTHORITY OF THE HOUSE OF REPRESENTATIVES OF THE CONGRESS OF THE UNITED STATES OF AMERICA To Robert S. Mueller, III You are hereby commanded to be and appear before the Committee on the Judiciary of the House of Representatives of the United States at the place, date, and time specified below. 0 to produce the things identified on the attached schedule touching matters of inquiry committed to said committee or subcommittee; and you are not to depart without leave ofsaid committee or subcommittee. . Place ofproduction: ------Date: ______Time: ______ D to testify at a deposition touching matters of inquiry committed to said committee or subcommittee; and you are not to depart without leave of said committee or subcommittee. Place oftestimony: ______ Date: ------(and continuing until completed) Time: ______ [Z] to testify at a hearing touching matters of inquiry committed to said committee or subcommittee; and you are not to depart without leave ofsaid committee or subcommittee. Place of testimony: 2141 Rayburn House Office Building, Washington, D.C., 205 15 Date: July 17, 2019 Time: 9:00am To any authorized staff member or the U.S. Marshals Service ------to serve and make return. Witness my hand and the seal ofthe House of Representatives of the United States, at the city of Washington, D.C. this --25 - day of ...:...::.:..:...:....June ______, 20 19 . ------ Document ID: 0.7.23922.71819-000002 PROOF OF SERVICE Subpoena for Robert S. Mueller, III Address c/o Jonathan R. Yarowsky, Wilmer Cutler Pickering Hale and Dorr, LLP 1875 Pennsylvania Avenue, N W, Washington DC, 20006 before the Committee on the Judiciary U.S. House ofRepresentatives J J 6t~ Congress · Served by (print name) ------Aaron Hiller ------TitIe Deputy Chief Counsel, House Judiciary Committee Manner ofservice ------Electronic ------ Date _ _.ct,z+--< (2 -,..,L_S jµ__l!_ I ~.l...--.,------ Signatme of Server ' QJ{. ~ _ Address 2 138 Rayburn House Office Building Washington, D.C. 205 15 Document ID: 0.7.23922.71819-000002 Weinsheimer, Bradley (ODAG) From: Weinsheimer, Bradley (ODAG) Sent: Thursday, July 11, 2019 10:04 AM To: Gannon, Curtis E. (OLC); O'Callaghan, Edward C. (ODAG); Engel, Steven A. (OLC); Boyd, Stephen E. (OLA); Lasseter, David F. (OLA) Subject: RE: Mueller authorization Yes, correct. From: Gannon, Curtis E. (OLC) (b) (6) per OLC Sent: Thursday, July 11, 2019 10:03 AM To: Weinsheimer, Bradley (ODAG} (b) (5) per OLC From: Weinsheimer, Bradley (ODAG) '1ere isthe current draft, (b) (5) Brad Weinsheimer Associate Deputy Attorney General Office: ~ Cell: ~ · [email protected] Document ID: 0.7.23922.71839 Weinsheimer, Bradley (ODAG) From: Weinsheimer, Bradley (ODAG) Sent: Thursday, July 11, 2019 11:21 AM To: Rabbitt, Brian (OAG); O'Callaghan, Edward C. (ODAG); Engel, Steven A. {Ole}; Gannon, Curtis E. (Ole); Boyd, Stephen E. {OLA); Lasseter, David F. (OLA) Subject: RE: Mueller authorization Attachments: Mueller testimony authorization II + sae + bcr.docx I have accepted all of the changes, but(b) (5) ■ Thanks, Brad. From: Rabbitt, Brian (OAG) Some suggested edit s. (b ) (5) From: Weinsheimer, Bradley (ODAG) Steve and I discussed (b ) (5) • Adding Brian as well. From: Weinsheimer, Bradley (ODAG) Sent: Thursday, July 11, 2019 9:59 AM To: O'Callaghan, Edward C. (ODAG) Document ID: 0.7.23922.71847 O'Callaghan, Edward C. (ODAG) From: O'Callaghan, Edward C. (ODAG) Sent: Thursday, July 11, 2019 5:53 PM To: Lasseter, David F. {OLA) Cc: Weinsheimer, Bradley (OOAG); Rabbitt, Brian (OAG); Engel, Steven A. (OLC); Gannon, Curtis E. (OLC); Boyd, Stephen E. (OLA) Subject: RE: Mueller authorization (b)(5) Edward C. O'Callaghan 202-514-2105 From: Lasseter, David F. {OLA) Ed-are you suggesting (b)(5) Thanks, David On Jul 11, 2019, at 17:33, O'callaghan, Edward C. (ODAG) (b) (5) Edw ard C. O' Callaghan 202-514-2105 From: Lasseter, David F. (OLA} Document ID: 0.7.23922.71888 From: Weinsheimer, Bradley (ODAG) (b)(5) I proposed edits below to your email (b) ( 5) Thanks, Brad. From: Lasseter, David F. (OLA} Sorry just responding•...been w ith Archey in his HPSCI briefing since 9am. (b) ( 5) Regarding my response to the committees, how about this: Document ID: 0.7.23922.71888 From: Weinsheimer, Bradley (ODAG) Document ID: 0.7.23922.71888 Weinsheimer, Bradley (ODAG) From: Weinsheimer, Bradley (ODAG) Sent: Thursday, July 11, 2019 6:26 PM To: O'Callaghan, Edward C. (ODAG); Rabbitt, Brian (OAG); Engel, Steven A. {Ole); Gannon, Curtis E. (OLC); Boyd, Stephen E. {OLA); Lasseter, David F. (OLA) Subject: RE: Mueller authorization Attachments: Mueller testimony authorization 071119 ver.doc,c Here is t he clean version ofthe letter. Thanks, Brad. From: O'Callaghan, Edward C. (ODAG) (b) (5) Edward C. O'callaghan 202-514-2105 From: O'Callaghan, Edward C. (ODAG) Sent: Thursday, July 11, 20195:04 PM To: Rabbitt, Brian {OAG} Some additional edits. (b)(5) Edward C. O'Callaghan 202-514-2105 From: Rabbitt, Brian (OAG) Document ID: 0.7.23922.71874 Engel, Steven A. (OLC) From: Engel, Steven A. (OLC) Sent: Thursday, July 11, 2019 10:05 PM To: Lasseter, David F. {OLA) Cc: Weinsheimer, Bradley (ODAG); O'Callaghan, Edward C. (ODAG); Rabbitt, Brian (OAG); Gannon, Curtis E. (OLC); Boyd, Stephen E. (OLA) Subject: Re : Mueller authorization To be clear, (b) (5 ) per OLC . But worth thinking about here . Sent from my iPhone On Jul 11, 2019, at 10:03 PM, Engel, Steven A. (OLC) (b) (6 ) per OLC wrote: (b) (5 ) per OLC On Jul 11, 2019, at 9:58 PM, Lasseter, David F. (OLA) (b) ( 5) David F. Lasseter Deputy Assistant Attorney General U.S. Department of Justice On Jul 11, 2019, at 20:31, Weinsheimer, Bradley (ODAG) From: Weinsheimer, Bradley (ODAG) Sent: Thursday, July 11, 2019 6:27 PM To: Lasseter, David F. {OLA ) Document ID: 0.7.23922.71881 Subject: RE: Mueller authorization Have not yet heard back, but I have a call into Aaron. From: Lasseter, David F. (OLA} Rgr. I was not planning to (b) (5) On Jul 11, 2019, at 18:17, Engel, Steven A. {OLC) • (b)(6)per0LC w rote: Have we heard anythingback from Zebley and Quarles as to the committees' response? (b) (5) From: O'Callaghan, Edward C. (ODAG) {ODAG) Document ID: 0.7.23922.71881 Boyd, Stephen E. (OLA) From: Boyd, Stephen E. (OLA) Sent: Friday, July 12, 2019 10:15 AM To: Engel, Steven A. (OLC); O'Callaghan, Edward C. (ODAG) Cc: Weinsheimer, Bradley (ODAG); Lasseter, David F. (OLA); Rabbitt, Brian (OAG); Gannon, Curtis E. (OLC) Su bject: RE: Mueller authorization Also... in case you missed it- Frustration builds as members may be shut out of M uellerhearing By Manu Raju and Jeremy Herb, CNN Updated 5:14 PM ET, Thu July 11, 2019 (CNN) Junior lawmakers on the House Judiciary Committee could getshut out ofnext week's highly anticipated hearing with special counsel Robert Mueller - and they're not happy about it. The agreement reached between congressional Democrats and Mueller allowed for a limited time agreement where 22 members of the House Judiciary and Intelligence Committees would question the former special counsel. That's the exact number of members on the Intelligence panel, but includes just over half of the 41-member Judiciary Committee. The arrangement has prompted an outcry, with junior committee Democrats publicly and privately grumbling about the arrangement and pushing for the committee to reopen negotiations so Mueller could potentially appear for a longer period. Republicans, meanwhile made their complaints loudly known at a Thursday hearing to vote on subpoenas, repeatedly criticizing House Judiciary Chairman Jerry Nadler for agreeing to limitthe length ofthe hearing in ordertoget Muellerto testify. Giving some members the chance to shine - while others will have to sit quietly at the panel's most anticipated hearing in years - has created a headache for Nadler, because his members feel they're being robbed of the chance to pressthe special counsel in front of millions of people watching the proceedings, "It's definitely a problem for only a couple of us to be able to ask questions," said Rep. Karen Bass, a california Democrat who would be in line to ask questions of Mueller. From: Boyd, St ephen E. (OLA) Sent: Friday, July 12, 2.019 10:10 AM To: Engel, Steven A. {OLC) ; O'callaghan, Edward C. (OOAG) When do we expectto hear back from them next? Document ID: 0.7.23922.71892 From: Engel, Steven A. (OLC) ◄ (b)(6)per0LC Sent: Thursday, July 11, 2019 11:42 PM To: O'Callaghan, Edward C. (ODAG} Understood. On Jul 11, 2019, at 10:51 PM, O'callaghan, Edward C. (ODAG) (b) (5 ) -Edward C. O'Callaghan 202-514-2105 On Jul 11, 2019, at 10:33 PM, Weinsheimer, Bradley (ODAG) (b) (5) --On Jul 11, 2019,· at 10:03 PM, Engel, Steven A. (OLC) (b) (6 ) per OLC wrote: Document ID: 0.7.23922.71892 Weinsheimer, Bradley (ODAG) From: Weinsheimer, Bradley (ODAG) Sent: Friday, July 12, 2019 10:48 AM To: O'Callaghan, Ed ward C. (ODAG); Lasseter, David F. (OLA) Cc: Boyd, Stephen E. (OLA); Engel, Steven A. (OLC); Rabbitt, Brian (OAG); Gannon, Curtis E. (OLC) Subject: RE: Mueller authorization No, nothing since last night. From: O'Callaghan, Edward C. (OOAG) Brad (b)(5) Edward C. O'Callaghan 202-514-2105 On Jul 12, 2019, at 10:14 AM, Lasseter, David F. {OLA) Apparently the committees have announced 24 July From: Boyd, Stephen E. (OLA) Document ID: 0.7.23922.71929 O'Callaghan, Edward C. (ODAG) From: O'Callaghan, Edward C. (ODAG) Sent: Friday, July 12, 2019 1:12 PM To: Lasseter, David F. {OLA) Cc: Boyd, Stephen E. (OLA); Weinsheimer, Bradley (ODAG}; Rabbitt, Brian (OAG); Engel, Steven A. (OLC) Subject: Re: HPSCI offer regarding SCO testimony (b) (5) Edward C. O'Callaghan 202-514-2105 On Jul 12, 2019, at 11:18 AM, Lasseter, David F. {OLA) dfl David F. Lasseter 202-514-1260 Document ID: 0.7.23922.63322 l.assl!ler, David F. jOLAI From: lasseter, Dallid F. fOLA) Sent: Satllllav. July 13, 2019 1036AM Ta Engel, Steven A. [Ol e) Cc: O 'Callilshan, Edward C. (ODAG); Soyd, StephHI E. (OLA); Weinsheimer, ll (b) (5) DnJul 13, 2019, at 10:30, Engel, StevenA. [01£) (b) (6) per OLC [> v,rotF. (b) (5) per OLC ? Pertiaps (b) (5) per OLC • Sentfrom my iPhone On Jul 13, 2019, at 10:27 AM, Lasseter, David F. (OLA) (b) (5) On Jul 13, 2019., at 1010, Engel, Steven A. ( OLC) · (b) (6) per OLC wrote: (b) (5) per OLC OnJul 13, 2019, at 10:00AM, Laa:;eter, David F. (OLA) ■ David F. lass.eter De puty Assis-ant Attorney General U.S. Departmentd Justice On Jul 13, 2019, at09:25, O'Callaghan, Edward C. (ODAG) < erocalla0 [email protected].~ Our l.l'lde rstanding is th at Edward C. O'Callaghan 202-5142105 On Jul 13, 2019, at 8:23 AM, So,rd, Stephen E. [0~ Sentf rom my iPhone Segin for.wrded mes.sage: From: "HiII er, Aaron• •(b) (6) > Date:. July 12, 2019at 8:26:05 PM EDT T o: "DavidF [email protected]" FYI. Begin forwarded mess.<1se: From: "HouseJudidary Derroaatic Press" (b) (6) "'-•-~ 1• .1 ...... "W'\.-to - a.l'\C,e~ Oil • et"Tr" Document ID: 0.7.23922.73505 Ui1Ce ~Ju1y ..1.£1 DJD etO..\D-- ::t:I rrYl c.u, To Subject: Chairmen N:acfler and SchiffAnnounce Agreement with Speci:al Cou:nsel Mueller to Testify July 24 Chairmen Nad ler and Schiff Announce Agreement with Special Counsel 1\fueller t, FOR Th!MEDIA'IEREI.E.6SE:July 12, 2019 Contact SlndawnKEdd;clc-Smi!t Qu!icwy) 202-225 -3951 DaoielSch, .as:z Qi;dmy), 202--215-5635 P:itriclcBolam (SdiiE), 202-225- U76 ,v~cnD.C. - Today, Hoose Judciuy Ccmnttee CmimianJeimldNadlM ~N\) am Homa ~Seki~oalriellgffl CA)atllJJWJC>!C anagrearectmthSpecial.Ca.me!Robert Mteller tore.cbeiiue hi.;pti>lic e,timxtyi>rJuly 24,at wbi:h titre Specia!Coi:ma roe an~period oftitre. This,.,ill an.:,... lbe .A..tn2!1C31l.r.x,blic to~iirlber ~ irl» the SpecialCamel's im-es~li<:mam tl:e evica r; inert:raxe inlbe 2016~..-i.aiialekti:niam Pra.idcd.Jiu:rp's possi,leo:bstnrti:niofji..lice am aJ,,.~of~er. Chaime:i Nale! aad Scbi:£r-,.Jeased the f>b-ingjoirt ., laerrert: ' We a:ra pie.me to aomare lhat SpecialCow.=1~.,fu~ will pro\ide .addiliccwpti>lic e.lin:w::,ey wl:enbe appears befura ou- coamtt.e a~eed lopoglpa:e 1be bearing rorooe,..-e.ek, uili!July24, 31 whchtirre:Mr. Mllalerwillappmr inr.x,blic hem tbettcwe JooicwyCoti P=men!Se!a,tCann~onltt,,lljgaxse. ' '1h2 Hrose Judciuy ~ wil!rom.erE mJuly24 at 8:30ammthSpecitl ~MIEller ~inpti>lic i:ic Uira: l:ow.. Aft'!!' lri~eCamniltee willa:mme Inc addi!icml pf:,li,: testimxtybegjming at 12:00pm. Alln:errl,a,-,...... D;,irccal:; and R.."'f.X,blic:zns-..-.<)1 imann,,,."iiloppcrluritytoquesticntl:e Specia.lCotma inp,blic, am tl:e.~peopJ.?will mdlyhaV? anopporluritytoh=ciRdl).•~ irne.~li<:m~." Click Here toviewlhis email in your browser Click Here to be removed from this list Document ID: 0.7.23922.73505 weiMhei=r, Brodley (ODAG I From: W~r1=.tl2ime1, Bralley (COIG} = t: Satmday, .My13, 2019 1059 AM To: o 'c.l aghan, Edwa!d c . [OD~I Cc: E.11gel, Steven A. {Cl.Cl; L.asrete1, Da 'Wd F. (OLA ►; 6oy(\ Stephen E. [CUI; Ra 1:1:>itt, l'>ri a11 (OAG►; GaMal, Cwtis E. [OLC} SUbject: Re: Chairmm ~dlera m!Sch.'ff AMoWKeAgrl?"'..rrentwitbSpec:aJ Cou:r,;el M.elerto Testify July24 I ta'ked to Patrickye.=:rda~---- on.'1.11 13, lD19, at 10:~1 AM,O'c. lagr,a11, Ectv,mdc. (ODAS) Edwantc. O'ca1agh,rn 202-st4-210S: On J LI 13, 2019, at 10:30 AM, En,gel, Stenn A. {OLC] (b) (6) per OLC \\late: Document ID: 0.7.23922.73513 Engel, Steven A. (OLC) From: Engel, Steven A. (OLC) Sent: Monday, July 15, 2019 1:54 PM To : Weinsheimer, Bradley (ODAG); Lasseter, David F. (OLA); O'Callaghan, Ed ward C. (ODAG); Rabbitt, Brian (OAG) Cc: Boyd, Stephen E. (OlA); Gannon, Curtis E. {OLC) Subject: RE: Mueller authorization Right_ I would think that we could discuss (b) (5) per OLC From: Weinsheimer, Bradley (ODAG) For what it's worth, (b) (5) From: Lasseter, David F. {OLA) (b) (5) From: Engel, Steven A. (Ole) (b) (6) per OLC Sent: Monday, July 15, 20191:36 PM To: Lasseter, David F. (OLA} Document ID: 0.7.23922.73595 (b) (5) per OLC From: Lasseter, David F. {OLA) (b)(5) d fl From: O'Callaghan, Edward C. (OOAG) (b) (5) Ed ward C. O' Callaghan 202-514-2105 From: Rabbitt, Brian (OAG) (b)(5) From: O'Callaghan, Edward C. (OOAG) Document ID: 0.7.23922.73595 (b) (5) Ed ward C. O'Callaghan 202-514-2105 From: Engel, Steven A. (Ole) (b) (6) per OLC Sent: Monday, July 15, 2019 12:17 PM To: Lasseter, David F. (OLA) (b) (5) per OLC I ? From: Lasseter, David F. (OLA) Good afternoon all. Just checking st atus of t his. (b)(5) Thanks, d fl From: Engel, Steven A. (OLC) (b) (6) per OLC Sent: Friday, July 12, 2019 3:32 PM To: Weinsheimer, Bradley {ODAG} That all makes sense to m e. From: Weinsheimer, Bradley (ODAG) Here is aa clean version. I have incorporated all ofthe changes and deleted one additional sentence from (b)(5) Document ID: 0.7.23922.73595 (b) (5) Thanks, Brad. From: O'Callaghan, Edward C. (OOAG) One addit ion. Edward C. O' Callaghan 202-514-2105 From: Engel, Steven A. (Ole) • (b)(6)per0LC Sent: Friday, July 12, 2019 2:24 PM To: Rabbitt, Brian {OAG} 1iakes sense to me. Here are some further edits directed at ti ghtening. From: Rabbitt, Brian (OAG) Good points. Don't disagree. Sent from myiPhone On Jul U , 2019, at 12:57 PM, Weinsheimer, Bradley (ODAG) (b) (5) Document ID: 0.7.23922.73595 (b) (5) Thanks, Brad. From: Rabbitt, Brian (OAG) I've tried to trim the letter even further. (b) (5) From: O'callaghan, Edward C. (ODAG) Document ID: 0.7.23922.73595 O'Callaghan, Edward C. (ODAG) From: O'Callaghan, Edward C. (ODAG) Sent: Monday, July 15, 2019 5:38 PM To: Weinsheimer, Bradley (ODAG) Cc: Rabbitt, Brian (OAG}; Lasseter, David F. (OLA); Boyd, Stephen E. {OLA); Engel, Steven A. (OLC) Subject: Re: Email to HPSCI re: Mueller testimony Ok with me if line applies to both. We are ok with sending when you're ready David. Edward C. O'Callaghan 202-514-2105 On Jul 15, 2019, at 5:32 PM, Weinsheimer, Bradley (ODAG) I would leave it as is. (b)(5) From: O'Callaghan, Edward c.(ODAG) Just considering (b)(5) Edward C. O'callaghan 202-514-2105 On Jul 15, 2019, at5:21 PM, Weinsheimer, Bradley (ODAG) looks good t o me. Brad. From: Rabbitt, Brian (OAG} A few suggested tweaks: We aaree with Mr. Muelfer's oublicstatement. and his reoeated statements to the Document ID: 0.7.23922.63365 committees, that any testimony he provides to Congress wilf not go beyond what was written in his report or what was said during his May 29, 2019 public statement. In addition, we would expect that Mr. Mueller, like any former Department employee testifying before Congress, wiff comply with the limitations set by law and applicable Department policies. We stilf are discussing those limitations with Mr. Muelfer. Generally speaking, established Department policies predude line prosecutors and FBI agentsfrom appearing and testifying before Congress on Department matters. Accordingly, the Department wif/ not authorize other members oftheSpecial Counsel's team to appearand testify. From: Lasseter, David F. (OLA} All-good afternoon. I just wanted to recirculate the language that was agreed upon last week. Could everyone confirm this is still acceptable? Thanks, David Document ID: 0.7.23922.63365 Lasseter, David F. (OLA) From: Lasseter, David F. (OLA) Sent: Monday, July 15, 2019 8:46 PM To: O'Callaghan, Edward C. (ODAG) Cc: Rabbitt, Brian (OAG}; Engel, Steven A. (OLC); Weinsheimer, Bradley (OOAG); Boyd, Stephen E. (OLA) Su bject: Re : Email to HPSCI re: Mueller testimony Good to go. Just wanted to be sure. Thanks. On Jul 1S, 2019, at 20:33, O'Callaghan, Edward C. (OOAG) Yes sorry thought my prior email cleared here. Edward C. O'Callaghan 202-514-210S On Jul 15, 2019, at 8:26 PM, Lasseter, David F. {OLA) Ed- you good with this? dfl On Jul 15, 2019, at 19:27, Rabbitt, Brian (OAG) Ok Sent from my iPhone On Jul 15, 2019, at 7:11 PM, Engel, Steven A. (OLC) (b) (6) per OLC wrote: Okw me. Sent from my iPhone On Jul 15, 2019, at 7:10 PM, Lasseter, David F. (OLA) I am going to send the version with Brian's edits unless anyone has objections or a dditional edits. Document ID: 0.7.23922.63463 On Jul 15, 2019, at 17:32, Weinsheimer, Bradley (ODAG) Document ID: 0.7.23922.63463 Lasseter, David F. (OLA) From: Lasseter, David F. (OLA) Sent: Monday, July 15, 2019 9:09 PM To: O'Callaghan, Edward C. (ODAG) Cc: Rabbitt, Brian (OAG}; Engel, Steven A. (OLC); Weinsheimer, Bradley (ODAG); Boyd, Stephen E. (OLA) Subject: Re: Email to HPSCI re: Mueller testimony Transmission to HJC/HPSCI complete. On Jul 15, 2019, at 20:33, O'Callaghan, Edward C. (ODAG) Document ID: 0.7.23922.63466 Weinsheimer, Bradley (ODAG) From: Weinsheimer, Bradley (ODAG) Sent: Wednesday, July 17, 2019 1:42 PM To: Rabbitt, Brian (OAG); O'Callaghan, Edward C. (ODAG); Engel, Steven A. (OLC); Lasseter, David F. (OLA) Cc: Boyd, Stephen E. (OLA); Gannon, Curtis E. (OLC) Subject: RE: Mueller authorization (b) (5) From: Rabbitt, Brian (OAG) Attached are a few minor edits. (b)(5) From : Weinsheimer, Bradley (ODAG) Will do. From: Rabbitt, Brian (OAG) Please hold till you hear from me. From: Weinsheimer, Bradley (ODAG) Document ID: 0.7.23922.73624 (b) (6) per OLC ; Lasseter, Davi el F. lOLA) Here is the f inal draft of the authorization letter. The only additional edit is(b)(5) I plan to send it around 1:00 today, unless anyone has other edits or believes there is a reason to further hold off. (b) (5) . Thanks, Brad. From: O'callaghan, Edward C. (ODAG) Document ID: 0.7.23922.73624 Rabbitt, Brian (OAG) From: Rabbitt, Brian (OAG) Sent: Friday, July 19, 2019 9:37 AM To: Lasseter, David F. {OLA); Engel, Steven A. {Ole) Cc: Weinsheimer, Bradley (ODAG); O'Callaghan, Edward C. (ODAG); Gannon, Curtis E. {Ole); Boyd, Stephen E. (OLA) Subject: RE: Mueller authorization Attachments: Mueller testimony authorization 071819 + sae + bcr.docx Additional edits and comments From: Lasseter, David F. (OLA) Saw that.(b) (5) On Jul 19, 2019, at 09:15, Engel, Steven A. (OLC} (b) (6) per OLC wrote: Looks good to me. In that spirit, I suggest a httle mo1·e tightening. In case you have not 1::een it, Politico has a re-port on what HJC and HPSCI staff are saying: HOUSE JUDICIARY and INTELLIG ENCE staff briefed reporters - - including our ownANDREW DESIDERIO -- on Thursday about what to e}..'J)ect at the five hours ofhearings on Wednesday with former special counsel ROBERT MUELLER: -- ~JUDICIARY'S Document ID: 0.7.23922.73777 GOAL: The senior aides said they want to bring the Mueller report to life for voters. ''Not everybody is reading the book, but people will watch the movie," said one Judiciary official. -- JUDICIARY'S GENERAL FOCUS: The committee vvill focus on several instances ofpotential obstruction ofjustice by the president: directing former White House counsel Don McGahn to fire Mueller, ordering McGahn to deny he ordered Mueller's firing and asking Corey Lewandowski to deliver a message to then- A..G. JEFF SESSIONS about the scope of Mueller's investigation. -- INTEL'S FOCUS: the Trump campaign's efforts to "welcome" and "use'' Russia's help in 2016. Aides want to home in on the evidence Mueller gathered. Unlike Judiciary, Intel aides say they will try to force Mueller to go beyond the te:>..i ofhis report. ''There is no policy, law or regulation that says he cannot go beyond the four corners of a report that he selectively wrote," said an Intel aide. -- N O Document ID: 0.7.23922.73777 BOMBSHETJ.S: Democrats are already downplaying e:>..'Pectations, sayingthey don't e:>..'Pect dramatic revelations from Mueller, whom they termed a "creature of DOJ" who will stick to the book. But they also understand the stakes, with one aide noting, "I've been involved in hundreds of hearings. And we have never prepared for one the way we've prepared for this one." From: Weinsheimer, Bradley (ODAG) Given where we are, (b) (5) From: Rabbitt, Brian (OAG) Some suggested edits. It would be great itwe could condense this a bit. Document ID: 0.7.23922.73777 From: Weinsheimer, Bradley (ODAG) (b) (5) Adding Brian as well. From: Weinsheimer, Bradley (ODAG) Sent: Thursday, July 11, 2019 9:59 AM To: O'callaghan, Edward C. {ODAG} Here is the current draft, (b) (5) Brad Weinsheimer Associate Deputy Attorney General Office: llfDlmllllllll Cell: tmllllllll [email protected] Document ID: 0.7.23922.73777 Weinsheimer, Bradley (ODAG) From: Weinsheimer, Bradley (ODAG) Sent: Friday, July 19, 2019 6:50 PM To: Rabbitt, Brian (OAG); Engel, Steven A. {Ole); Boyd, Stephen E. (OLA); O'Callaghan, Edward C. (ODAG) Cc: Gannon, Curtis E. (Ole); Lasseter, David F. (OLA} Subject: Mueller and HPSCI letters Attachments: Mueller testimony authorization 072219.docx; 20190718 - HPSCI - CHM Schiff Letter to DOJ on Testimony.pdf; Mueller Letter dtd 07.10.2019.pdf; Response to 071819 Schiff letter ver. 3.docx Here are clean copies of both the Mueller letter and the response to HPSCI. I also have attached both incomings. For the HPSCI response, I accepted all of Brian's changes, which were the last set of edits. On the Mueller letter, I have incorporated all ofthe edits and made some final tweaks. (b) (5) Thanks, Brad. Document ID: 0.7.23922.73781 AOAM 8. SCHIFF, CALIFORNIA ONE HUNOREO SIXTEENTH CONGRESS CHAIAMAN OEVIN NUNES, CALIFORNIA T1MO™V 81.AOAUN, STAf'F OIRECWA RANIONG MEMBER 1202) 22!>-7690 WWW lnlell~nce.house gov jermanent ~elect Qtommtttee on Jntdltgence 11.~. J!}ouse of l\epresentatibes July 18, 2019 Stephen E. Boyd Assistant Attorney General United States Department ofJustice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Dear Mr. Boyd: I write in response to the Department ofJustice's ("Department") July 15, 2019 electronic communication to the Committee, in which the Department stated that, apart from Special Counsel Robert S. Mueller, III, it "will not authorize other members ofthe Special Counsel's team to appear and testify" before Congress regarding the Special Counsel's investigation. The Department justified its decision by asserting that, "generally speaking, established Department policies preclude line prosecutors and FBI agents from appearing and testifying before Congress on Department matters." The Department's position, it appears, is intended to apply to all former members ofthe Special Counsel's Office, whether they are still employees ofthe Department or the FBI, or are no longer employed by the federal government. The Department's representation is unsupported by law, contrary to the Department and the FBI's longstanding precedent with the Committee, and would actively impede the Committee's authorized oversight activity and impermissibly withhold from the Committee vital foreign intelligence and counterintelligence information. As the Department is aware, the Committee is conducting oversight ofthe counterintelligence and foreign intelligence aspects ofthe Special Counsel's activities, and by extension the Department and the FBI's actions, and seeks answers and information about the investigation's counterintelligence work and findings. The Department has acknowledged consistently, including pursuant to the Committee's May 8, 2019 subpoena, that the Committee has a "legitimate interest" in the foreign intelligence and counterintelligence information uncovered during the Special Counsel's investigation,1 and is doubtless cognizant ofthe Committee's unique oversightjurisdiction, grounded in law, over intelligence and 1 Letter from Assistant Attorney General Stephen E. Boyd to Chairman Adam B. Schiff, May 21, 2019. 1 Document ID: 0.7.23922.73781 -000001 counterintelligence activities ofthe U.S. government. 2 In recognition ofour jurisdiction, the Department has begun complying with the Committee's subpoena for documents related to the Special Counsel's investigation, although it has failed in recent weeks, despite repeated requests, to produce key materials central to the Committee's oversight work. Materials produced thus far by the Department pursuant to the Committee's subpoena are insufficient on their own to address the Committee's unanswered questions and allay our concern that the probe's focus on criminal violations came at the expense of fully investigating and assessing counterintelligence and national security threats and risks. The Committee therefore requires testimony and briefings from key personnel from the SCO, the Department, and the FBI. The Department has no basis to prevent current and former Department and FBI officials from appearing and testifying before the Committee - in this case, about the same matters for which the Department is producing documents to the Committee. The Committee has regularly, throughout its history, received testimony and briefings from a diverse range ofDepartment and FBI personnel, both in voluntary settings and pursuant to subpoena, on matters ofsignificant sensitivity and national importance. During the 115th Congress, the Department and FBI agreed to make available to the Committee as well as to other congressional committees a series of Department and FBI employees of varying seniority, including non-Senior Executive Service (SES) or equivalent personnel, for lengthy interviews and depositions regarding both open and closed investigative matters (some of which relate directly to the Special Counsel's work). For the Department to now apply an entirely different standard - regarding a closed investigation of unparalleled national interest and consequence with a clear foreign intelligence and counterintelligence nexus and which is the subject of a Committee subpoena - raises profound concern that the Department is willfully seeking to withhold information from the Committee, contrary to law. The Committee's July I I briefing with a senior FBI agent assigned to the Special Counsel's Office was a helpful first step, although, as his ~estimony made clear, he was ill positioned to respond to many ofthe Committee's questions. He either did not have the factual knowledge necessary to answer key questions or he was instructed repeatedly by Department and FBI representatives present for the briefing to defer to the Special Counsel's "leadership team" and the Special Counsel's Office's "prosecutors" on core matters within the Committee's jurisdiction - the very officials the Department is now seeking to prevent from testifying before the Committee. Consistent with the Department's instruction at the briefing, the Committee has arranged for Aaron Zebley and James L. Quarles, two members ofSpecial Counsel Mueller's leadership 2 See 50 U.S.C. § 3092 (requiring, among other things, that the heads of all departments, agencies, or entities ofthe United States government involved in intelligence activities keep the congressional intelligence committees fully and currently informed of all intelligence activities, and to furnish to the congressional intelligence committees upon request any information or material concerning intelligence activities which is within the custody or control of the departments, agency, or entity of the United States government); see also 50 U.S.C. § 3003(1} (defining "intelligence" to include "foreign intelligence" and "counterintelligence"). 2 Document ID: 0.7.23922.73781 -000001 team who the Department has acknowledged served in SES-equivalent capacities, to brief the Committee on July 24 in closed session after the Special Counsel's public testimony. In an extraordinary accommodation, the Committee agreed, in line with the FBI agent's briefing, to limit the closed briefing's timeframe and forego a transcript. The briefing is intended to allow the Committee to explore discrete issues in the less redacted version ofthe Special Counsel's report and non-public underlying documents available to the Committee, which cannot be addressed in an open hearing. The Committee is even prepared to allow a Department representative to attend the closed briefing. The Department's intervention on July 15, in an effort to prevent this closed session from taking place, is unwarranted and the Department should withdraw its objection immediately. The Committee has communicated to Zebley and Quarles that the Committee expects their appearance on July 24 for the closed briefing and is preparing to hear from them. If the Department is unwilling to adjust its posture, the Committee will use other means and mechanisms to obtain this information and testimony from relevant witnesses. It remains our hope that the Department will continue to cooperate with the Committee. Production ofthe documents requested by the Committee, and testimony by current and former officials involved in the activities ofthe Special Counsel's Office, would serve to demonstrate that the Department is taking important steps towards complying with the subpoena in good faith. Sincerely, I Adam B. Schiff Chairman cc: Jill Tyson, Assistant Director, Office ofCongressional Affairs, Federal Bureau of Investigation 3 Document ID: 0.7.23922.73781 -000001 Rabbitt, Brian (OAG) From: Rabbitt, Brian (OAG) Sent: Monday, July 22, 2019 9:26 AM To: Weinsheimer, Bradley (ODAG) Cc: Engel, Steven A. (OLC); Boyd, Stephen E. (OLA); O'Callaghan, Ed ward C. (ODAG); Gannon, Curtis E. (OLC); Lasseter, David F. {OLA) Subject: Re: Mueller and HPSCI letters I'll look as soon as I can today. OAG is good on timing. Sent from my iPhone On Jul 22, 2019, at 9:08 AM, Weinsheimer, Bradley (ODAG) Please let me know if there are any e dits to the(b ) (5) Thanks, Brad. From: Weinsheimer, Bradley (ODAG) Sent: Friday, July 19, 2019 6:50 PM To: Rabbitt, Brian (OAG) Document ID: 0.7.23922.73786 Engel, Steven A. (OLC) From: Engel, Steven A. (OLC) Sent: Monday, July 22, 2019 10:19 AM To: Weinsheimer, Bradley (ODAG) Subject: RE: Mueller and HPSCI letters (We11 have a couple comments on (b) (5) From: Rabbitt, Brian (OAG) Both letters look f ine to me, as do Steve' s commentsto(b) (5) From: Engel, Steven A. ( Ole} (b) (6) per OLC Sent: Monday, July 22, 2019 10:06 AM To: Weinsheimer, Bradley {ODAG} (b) (5) _ Two small comments_ From: Weinsheimer, Bradley (ODAG) Document ID: 0.7.23922.63511 O'Callaghan, Edw ard C. (ODAG) From: O'Callaghan, Edward C. (ODAG) Sent: Monday, July 22, 2019 10:21 AM To: Weinsheimer, Bradley (OOAG) Cc: Rabbitt, Brian (OAG); Engel, Steven A. (OLC}; Boyd, Stephen E. (OLA); Gannon, Curtis E. (OLC); Lasseter, David F. (OLA) Subject: Re: Mueller and HPSCI letters Thanks all. Edward C. O'Callaghan 202-514-2105 On Jul 22, 2019, at 7:19 AM, Weinsheimer, Bradley (ODAG} I will make edits consistent with Steve's comments and getthe Mueller letter out. From: Rabbitt, Brian (OAG) Document ID: 0.7.23922.73794 Engel, Steven A. (OLC) From: Engel, Steven A. (OLC) Sent: Monday, July 22, 2019 1:56 PM To: O'Callaghan, Edward C. (ODAG) Cc: Lasseter, David F. (OLA); Weinsheimer, Bradley {OOAG); Rabbitt, Brian {OAG); Boyd, Stephen E. (OLA); Gannon, Curtis E. {OLC); Colborn, Paul P {OLC) Subject: RE: Mueller and HPSCI letters No diS,agreement here. From: O'Callaghan, Edward C. {ODAG) (b) ( 5) Edward C. O'Callaghan 202-514-2105 On Jul 22, 2019, at 10:41AM, Engel, Steven A. (OLC) (b) (6) per OLC wrote: The attached reflects edits from OLC, which I have layered on t op of the latest draft. (b) (5) per OLC From: Lasseter, David F. (OLA} Thanks Brad Document ID: 0.7.23922.16096 From: Weinsheimer, Bradley (ODAG) A further proposed edit and comment. Basically, (b)(5) From: Lasseter, David F. (OLA} We made a couple of edits to (b) (5) I Please review. From: Weinsheimer, Bradley (ODAG) Document ID: 0.7.23922.16096 Weinsheimer, Bradley (ODAG) From: Weinsheimer, Bradley {OOAG) Sent: Monday, July 22, 2019 2:09 PM To: Engel, Steven A. (OLC); Lasseter, David F. (OLA}; Rabbitt, Brian {OAG); Boyd, Stephen E. (OLA); O'Ca llaghan, Edward C. (OOAG) Cc: Gannon, Curtis E. (OLC); Colborn, Paul P (OLC) Subject: RE: Mueller and HPSCI letters Attachments: Response to 071819 Schiff letter ver. 3_dfl +G BW + olc.docx (b) (5) From: Engel, Steven A. {Ole} (b) (6) per OLC Sent: Monday, July 22, 20191:42 PM To: Lasseter, David F. (OLA} Document ID: 0.7.23922.16105 Gannon, Curtis E. (OLC) From: Gannon, Curtis E. (OLC) Sent: Monday, July 22, 2019 3:42 PM To: Engel, Steven A. (OLC); Colborn, Paul P (OLC) Subject: RE: Mueller and HPSCI letters From: Weinsheimer, Bradley (ODAG) I have attempted to address those points(b) (5) From: Engel, Steven A. {OLC} ◄ (b) (6) per OLC Sent: Monday, July 22, 2019 2:39 PM To: Weinsheimer, Bradley {ODAG} Thanks, Brad. A couple thoughts - (b) (5) per OLC Document ID: 0.7.23922.16539 (b) (5) per OLC From: Weinsheimer, Bradley (O0AG) Document ID: 0.7.23922.16539 Lasseter, David F. (OLA) From: Lasseter, David F. (OLA) Sent: Monday, July 22, 2019 3:48 PM To: Engel, Steven A. (Ol e); Weinsheimer, Bradley (ODAG}; Rabbitt, Brian (OAG); Boyd, Stephen E. (OLA); O'Callaghan, Edward C. (ODAG) Cc: Gannon, Curtis E. (OLC); Colborn, Paul P (OLC) Subject: RE: Mueller and HPSCI letters OLA would be fine deleting entirely the sentence at issue. From: Engel, Steven A. {Ole} ◄ (b)(6)perOLC Sent: Monday, July 22, 2019 2:39 PM To: Weinsheimer, Bradley (ODAG) Document ID: 0.7.23922.16534 Weinsheimer, Bradley (ODAG) From: Weinsheimer, Bradley (ODAG) Sent: Monday, July 22, 2019 4:45 PM To: Engel, Steven A. (OLC); Lasseter, David F. (OLA); Rabbitt, Brian (OAG}; Boyd, Stephen E. (OLA); O'Callaghan, Edward C. (ODAG) Cc: Gannon, Curtis E. (OLC}; Colborn, Paul P {OLC) Subject: RE: Mueller and HPSCI letters Attachments: Response to 071819 Schiff letter ver. 4 GBW.docx That would work and look like this. From: Engel, Steven A. (Ole) (b) (6) per OLC Sent: Monday, July 22, 2013 4:12 PM To: Weinsheimer, Bradley (ODAG} What if we just do the first paragraph as follows: And then you could delete the new paragraph? From: Weinsheimer, Bradley (ODAG) Document ID: 0.7.23922.16554 O'Callaghan, Edw ard C. (ODAG) From: O'Callaghan, Edward C. (ODAG) Sent: Monday, July 22, 2019 5:38 PM To: Weinsheimer, Bradley (OOAG) Cc: Colborn, Paul P (OLC); Engel, Steven A. (OLC); Lasseter, David F. (OLA); Rabbitt, Brian (OAG); Boyd, Stephen E. (OLA); Gannon, Curtis E. (OLC) Subject: Re: Mueller and HPSCI letters Looks good. Edward C. O'Callaghan 202-514-2105 On Jul 22, 2019, at 2:33 PM, Weinsheimer, Bradley (ODAG) Actually, use t his version (fixed two typos). From: Weinsheimer, Bradley (ODAG) Sent: Monday, July 22, 2019 5:30 PM To: Colborn, Paul P (OLC) ; Engel, Steven A. (OLC} (b) (6) per OLC ; Lasseter, David F. (OLA) I made that change in the attached. From: Colborn, Paul P (OLC} (b) (6) per OLC Sent: Monday, July 22, 2019 5:19 PM To: Weinsheimer, Bradley (ODAG) That does work. But since (b) (5) per OLC we suggest tweaking the language to (b ) (5) per OLC From: Weinsheimer, Bradley (ODAG) Document ID: 0.7.23922.16611 Document ID: 0.7.23922 .166 11 Engel, Steven A. (OLC) From: Engel, Steven A. (OLC) Sent: Monday, July 22, 2019 6:05 PM To: Lasseter, David F. (OLA); Weinsheimer, Bradley {ODAG); Colborn, Paul P (OLC); Rabbitt, Brian (OAG); Boyd, Stephen E. (OLA); O'Callaghan, Edward C. (ODAG) Cc: Gannon, Curtis E. (OLC) Subject: RE: Mueller and HPSCI letters Look s good to me. From: Lasseter, David F. (OLA) I made a couple of minor edits .... using our st andard response and one on maintaining the same st ructure. From: Weinsheimer, Bradley (ODAG) Document ID: 0.7.23922.17284 Weinsheimer, Bradley (ODAG) From: Weinsheimer, Bradley (ODAG) Sent: Tuesday, July 23, 2019 3:11 PM To: Engel, Steven A. (OLC) Subject: FW: Response to 071819 Schiff letter ver. 4 GBW_dfl.docx Attachments: HJC HPSCI letter.docx As discussed. Thanks, Brad. From: Weinsheimer, Bradley (ODAG) Sent: Tuesday, July 23, 2019 2:39 PM To: Lasseter, David F. (OLA} Here is a draft, but I understand that(b) (5) From: Lasseter, David F. (OLA) In tight ofour conversations this morning what edits do you recommend? (b ) (5) Document ID: 0.7.23922.63767 Weinsheimer, Bradley (ODAG) From: Weinsheimer, Bradley (ODAG) Sent: Tuesday, July 23, 2019 5:15 PM To: O'Callaghan, Edward C. (ODAG); Engel, Steven A. {OLC) Cc: Boyd, Stephen E. (OLA); Lasseter, David F. (OLA) Subject: RE: Response to 071819 Schiff letter ver. 4 GBW_dfl.docx Attachments: Response to 071819 Schiff letter ver. 5.docx Here is what I believe to be t he final Schiff response. (b) (5) From: O'callaghan, Edward C. (ODAG) (b) (5) Edward C. O'Callaghan 202-51 4-2105 On Jul 23, 2019, at 1:58 PM, Engel, Steven A. (OLC) (b) (6) per OLC • \vrote: (b) (5) per OLC From: Boyd, St ephen E. (OLA) Don't disagree (b) (5) Sent from my iPhone On Jul 23, 2019. at 4:38 PM. Weinsheimer, Bradley (ODAG) Document ID: 0.7.23922.63796 -r·n- · · (b) (5) From: Lasseter, David F. (OLA} I have no initial edits. Are we still thinking that ·(b) ( 5) On Jul 23, 2019, at 14:39, Weinsheimer, Bradley (ODAG) Document ID: 0.7.23922.63796 Engel, Steven A. (OLC) From: Engel, Steven A. (OLC) Sent: Tuesday, July 23, 2019 5:31 PM To: Lasseter, David F. {OLA); Boyd, Stephen E. {OLA) Cc: O'Callaghan, Edward C. (ODAG); Weinsheimer, Bradley {ODAG) Subject: RE: Response to 071819 Schiff letter ver. 4 GBW_dfl.docx Good. thx! From: Lasseter, David F. {OLA) (b) (5) From: Engel, Steven A. (OLC) (b) (6) per OLC Sent: Tuesday, July 23, 2019 5:26 PM To: Boyd, Stephen E. (OLA) So, do we think (b) (5) per OLC ■ - !? From: Boyd, Stephen E. (OLA} Just to be dear, (b) (5) ■ On Jul 23, 2019, at 5:20 PM, Engel, Steven A. (OLC) (b) (6) per OLC > wrote: (b) (5) per OLC d Document ID: 0.7.23922.63817 out where t hings stand, and if we want (b) (5) per OLC ? From: O'Callaghan, Edward C. {ODAG) Steve isn' t that something (b) (5) Edward C. O'Callaghan 202-514-2105 Sent from my iPhone On Jul 23, 2019, at 2:16 PM, Lasseter. DavidF. (OLA) (b) (5) From: Boyd, Stephen E. (OLA) Agree. On Jul 23, 2019. at 5:09 PM, O'Callaghan, Edward C. (ODAG) Document ID: 0.7.23922.63817 Engel, Steven A. (OLC) From: Engel, Steven A. (OLC) Sent: Tuesday, July 23, 2019 5:32 PM To: Lasseter, David F. {OLA); Boyd, Stephen E. {OLA) Cc: O'Callaghan, Edward C. (ODAG); Weinsheimer, Bradley {ODAG) Subject: RE: Response to 071819 Schiff letter ver. 4 GBW_dfl.docx great From: Lasseter, David F. (OLA) (b) (5) From: Boyd, Stephen E. (OLA) Document ID: 0.7.23922.63819 O'Callaghan, Edward C. (ODAG) From: O'Callaghan, Edward C. (ODAG) Sent: Tuesday, July 23, 2019 6:01 PM To: Lasseter, David F. {OLA) Cc: Engel, Steven A. (OLC); Boyd, Stephen E. (OLA); Weinsheimer, Bradley (OOAG) Subject: Re: Response to 071819 Schiff letter ver. 4 GBW_dfl.docx Great Edward C. O'Callaghan 202-514-2105 On Jul 23, 2019, at 2:29 PM, Lasseter, David F. {OLA) Document ID: 0.7.23922.63924 O'Callaghan, Edward C. (ODAG) From: O'Callaghan, Edward C. (ODAG) Sent: Tuesday, July 23, 2019 6:02 PM To: Lasseter, David F. {OLA) Cc: Boyd, Stephen E. (OLA); Engel, Steven A. (OLC}; Weinsheimer, Bradley (OOAG) Subject: Re: Response to 071819 Schiff letter ver. 4 GBW_dfl.docx Great Edward C. O'Callaghan 202-514-2105 On Jul 23, 2019, at 2:31 PM, Lasseter, David F. {OLA) Document ID: 0.7.23922.63925 Lasseter, David F. (OLA) From: Lasseter, David F. {OLA) Sent: Tuesday, July 23, 2019 9:40 PM To: Boyd, Stephen E. (OLA} Cc: Woltomist, Alexei (PAO}; Kupec, Kerri (OPA}; Greer, Megan L. (OLA); O'Callaghan, Ed ward C. (ODAG); Engel, Steven A. (O LC); Weinsheimer, Bradley (ODAG}; Rabbitt, Brian (OAG) Subject: Re: Schiff letter We s hould be receiving it soon. David F. Lasseter Deputy Assistant Attorney General U.S. Department of Justice On Jul 23, 2019, at 21:16, Boyd, Stephen E. (OLA} Thanks - don't have it yet that I know off. Adding others. Sent from my iPhone On Jul 23, 2019, at 9:09 PM, Woltornist, Alexei (PAO) Sending in case t hey shared with press before sending formally. Jeremy Herb {@jeremyherb} Tweeted: Ahead of tomorrow's hearing, Schiff (no Nadler) sends a letter to Muelle r slamming the Justice Department letter trying to limit the scope of his testimony, saying it should have "no bearing" on his appearance https://t.co/0Mbgmdjf1L https://twitter.com/jeremyherb/status/1153833852336562176?s=17 Document ID: 0.7.23922.63946 Lasseter, David F. (OLA) From: Lasseter, David F. (OLA) Sent: Tuesday, July 23, 2019 9:52 PM To: O'Callaghan, Edward C. (ODAG); Weinsheimer, Bradley (OOAG); Engel, Steven A. (OLC); Rabbitt, Brian (OAG); Kupec, Kerri (OPA); Woltornist, Alexei (PAO) Cc: Boyd, Stephen E. (OlA) Subject : 20190723 - HPSCI CHM Schiff letter to Mueller on Testimony.pdf Attachments: 20190723 - HPSCI CHM Schiff letter to Mueller on Testimony.pdf; ATT00001.htm Letter from Schiff Document ID: 0.7.23922.63977 ADAM B. SCHIFF, CALIFORNIA ONE HUNDRED SIXTEENTH CONGRESS CHAIRMAN DEVIN NUNES, CALIFORNIA T IMOTHY BERGREEN, STAFF DIRECTOR RANKING MEMBER (202) 225-7690 www.intetligence.house.gov ALLEN SOUZA, M INORITY STAFF DIRECTOR t}crmancnt ~elect cttommtttcc on Jf ntclHgcncc W.,i,. 1!,ouse of l\epresentattbes July 23 , 2019 VIA ELECTRONIC MAIL The Honorable Robert S. Mueller, III Washington D.C. Dear Mr. Mueller: I write in advance of your testimony before the House Permanent Select Committee on Intelligence (Committee) tomorrow and in response to the last-minute July 22, 2019 letter to you from Associate Deputy Attorney General Bradley Weinsheimer (DOJ Letter), a copy of which was provided to the Committee by the Department of Justice yesterday evening. The DOJ Letter attempts unduly to circumscribe your testimony and represents yet another attempt by the Trump Administration to obstruct the authorized oversight activity and legitimate investigations of the Committee. The Committee categorically rejects the Department's overly expansive and baseless "prophylactic" assertion of executive privilege in all its various forms. Accordingly, I fully expect that the DOJ Letter will have no bearing on your testimony before the Committee tomorrow. The Department has expressed its "understand[ing)" that your testimony before the Committee will be governed by the terms you outlined during your May 29, 2016 press conference, specifically, that your testimony will be based upon the information that appears in, and "does not go beyond," the public version of your March 22, 2019 report to the Attorney General or your May 29 public statement. While I understand that it is your intention to focus on the public version of your report, the Department's attempt to restrict your testimony finds no support in law, regulation, or Department policy. Moreover, the subpoena issued by the Committee placed no such limitations on the scope of your testimony, nor did the Committee agree to any such limitations during our weeks of negotiations about the terms of your appearances before the Committee. The DOJ Letter also invokes various "longstanding Department policies" in an attempt further to circumscribe your testimony tomorrow. To the extent they exist, such self-serving Department policies are not binding on Congress. Moreover, there is equally longstanding precedent, including during the 115th Congress, for such Department policies yielding to legitimate congressional requests in cases where, as here, there is a compelling need for testimony concerning prosecutorial decisions and investigations of national importance. While the Committee is prepared to respect any necessary circumspection on your part in order to Document ID: 0.7.23922.63977-000001 protect legitimate Department equities and not to interfere with ongoing prosecutions, the Committee is wary of selective invocations of Department "policies" by this Attorney General in light of his own public statements regarding the findings of the Special Counsel's Offict:!. For example, the DOJ Letter cites "[e]stablished Department policy" that "precludes any comment on the facts developed and legal conclusions ... with respect to uncharged individuals," but the Attorney General has made extensive and misleading public comments about unindicted individuals, most notably the President. 1 The Department cannot expect you, or others, to abide by Department policies when the Attorney General himself does not follow them. The Committee likewise expects that the untenable position that the Department has staked out with regard to executive privilege will have no impact on your testimony. The Department provides no legal support for its claim that such privileges apply here. Nor could it. At its core, the doctrine of executive privilege is intended to preserve the ability of a President to receive confidential advice from the President's closest advisors. It is not intended to shield a President from congressional testimony of the utmost national importance concerning a criminal investigation of which the President was personally a target. The Department's attempt prophylactically to assert almost every possible form of executive privilege- including law enforcement, deliberative process, attorney work product, and presidential communications privileges-less than 36 hours before your testimony must be seen for what it is: yet another attempt by the President and the Attorney General to discourage your full cooperation with the Committee and to shield from the American people your critical testimony. In any event, each of the variants of executive privilege cited in the DOJ Letter are inapplicable here. First, there is no basis to support the proposition that a law enforcement privilege-particularly one applied to the now-closed Special Counsel's investigation, which referred consideration of the evidence uncovered to Congress for scrutiny of the President's actions--can shield from congressional scrutiny information that is necessary to address Congress's independent constitutional functions and oversight concerns. Second, the deliberative process and work product privileges are common-law privileges that cannot shield testimony pursuant to a constitutionally-rooted congressional subpoena. Finally, the presidential communications privilege is designed only to protect the presidential decision-making process involving the President's closest White House advisors and, therefore, has no bearing on your testimony as a private citizen and former special counsel. See, e.g. , William Barr, Press Statement, Attorney General William P. Barr Delivers Remarks on the Release of the Report on the Investigation into Russian Interference in the 2016 Presidential Election (Apr. 18, 2019) ("In assessing the President's actions discussed in the report, it is important to bear in mind the context. President Trump faced an unprecedented situation. As he entered into office, and sought to perform his responsibilities as President, federal agents and prosecutors were scrutinizing his conduct before and after taking office, and the conduct of some of his associates. At the same time, there was relentless speculation in the news media about the President's personal culpability. Yet, as he said from the beginning, there was in fact no collusion. And as the Special Counsel's report acknowledges, there is substantial evidence to show that the President was frustrated and angered by a sincere belief that the investigation was undermining his presidency, propelled by his political opponents, and fueled by illegal leaks. Nonetheless, the White House fully cooperated with the Special Counsel's investigation, providing unfettered access to campaign and White House documents, directing senior aides to testify freely, and asserting no privilege claims. And at the same time, the President took no act that in fact deprived the Special Counsel of the documents and witnesses necessary to complete his investigation."), available at: https:/ /www. justice.gov /opa/speech/attorney-general-w i 11 iam- p-barr-de Ii vers-remarks-release-report- i n vesti gation-russ ian . 2 Document ID: 0.7.23922.63977-000001 In short, the Committee rejects the limitations that the Department of Justice has attempted to place on your testimony on the eve of your appearance before our Committee. We look forward to your full, truthful, and frank testimony, which is critical to the Committee's ongoing oversight activities and legitimate investigations. Chairman 3 Document ID: 0.7.23922.63977-000001 O'Callaghan, Edward C. (ODAG) From: O'Callaghan, Edward C. (ODAG) Sent: Wednesday, July 24, 2019 8:36 AM To: Boyd, Stephen E. (OLA) Cc: Lasseter, David F. (OLA); Weinsheimer, Bradley (OOAG); Rabbitt, Brian (OAG); Engel, Steven A. (OLC) Subject: Re: HPSCI (b) (5) Edward C. O'Callaghan 202-514-2105 On Jul 24, 2019, at 5:19 AM, Boyd, Stephen E. (OLA) < [email protected]> wrote: (b) (5) From: Lasseter, David F. (OLA} They do On Jul 24, 2019, at 08:03, O'Callaghan, Edward C. (ODAG) Document ID: 0.7.23922.64325 Edward C. O ,Callaghan 202-514-2105 On Jul 23, 2019, at 6:39 P~. Lasseter, David F. (OLA) David F. Lasseter Deputy Assistant Attorney General U.S. Department ofJustice On Jul 23, 2019, at 21:28, Weinsheimer, Bradley (ODAG) (b)(5) Document ID: 0.7.23922.64325 O'Callaghan, Edward C. (ODAG) From: O'Callaghan, Edward C. (ODAG) Sent: Wednesday, July 24, 2019 8:42 AM To: Lasseter, David F. {OLA) Cc: Boyd, Stephen E. (OLA); Weinsheimer, Bradley (ODAG}; Rabbitt, Brian (OAG); Engel, Steven A. (OLC) Subject: Re: HPSCI Thanks Edward C. O'Callaghan 202-514-2105 On Jul 24, 2019, at 5:39 AM, Lasseter, David F. (OLA) Doubtful but I can ask On Jul 24, 2019, at 08:35, O'Callaghan, Edward C. {ODAG) (b) (5) -Edward C. O'Callaghan 202-514-2105 On Jul 24, 2019, at 5:19 AM, Boyd, Stephen E. {OLA) Document ID: 0.7.23922.64338 Engel, Steven A. (OLC) From: Engel, Steven A. (OLC) Sent: Wednesday, July 24, 2019 10:20 PM To: Lasseter, David F. {OLA) Cc: Boyd, Stephen E. (OLA); O'Callaghan, Edward C. (ODAG); Weinsheimer, Bradley (ODAG) Subject: Re: Response to 071819 Schiff letter ver. 4 GBW_dfl.docx OK. Thanks. Sent from my iPad On Jul 24, 2019, at 10:12 PM, Lasseter, David F. (OLA) (b) (5) On Jul 24, 2019, at 20:01, Engel, Steven A. (OLC) • (b) (6) per OLC wrote: Did we send the letter on (b) (5) per OLC J? Is hpsci still pushing for it? On Jul 23, 2019, at 5:16 PM, Lasseter, David F. (OLA) Document ID: 0.7.23922.64687