Case 2:13-cv-00193 Document 715-5 Filed in TXSD on 11/14/14 Page 1 of 169 BRYAN HEBERT 6/17/2014 CONFIDENTIAL TRANSCRIPT 1 (Pages 1 to 4) 1 3 1 IN THE UNITED STATES DISTRICT COURT 1 A P P E A R A N C E S FOR THE SOUTHERN DISTRICT OF TEXAS 2 FOR THE UNITED STATES OF AMERICA: 2 CORPUS CHRISTI DIVISION 3 Elizabeth Westfall 3 MARC VEASEY, et al., ) U.S. JUSTICE DEPARTMENT ) 4 CIVIL RIGHTS DIVISION 4 Plaintiff, ) Room 7254 NWB ) 5 950 Pennsylvania Avenue, N.W. 5 VS. ) CIVIL ACTION NUMBER: Washington, D.C. 20530 ) 2:13-CV-193 (NGR) 6 (202) 514-0828 6 RICK PERRY, et al., ) [email protected] ) 7 7 Defendants. ) ______________________________) FOR THE NAMED DEFENDANTS RICK PERRY, ET AL.: 8 ) 8 UNITED STATES OF AMERICA, ) G. David Whitley 9 ) 9 Assistant Deputy Attorney General Plaintiff, ) ATTORNEY GENERAL OF TEXAS 10 ) 10 P.O. Box 12548 VS. ) CIVIL ACTION NUMBER: Austin, TX 78711-2548 11 ) 2:13-CV-263 (NGR) 11 (512) 475-3281 TEXAS LEAGUE OF YOUNG VOTERS ) [email protected] 12 EDUCATION FUND, et al., ) 12 ) FOR THE WITNESS: 13 Plaintiff-Intervenors, ) 13 ) Linda Halpern 14 TEXAS ASSOCIATION OF HISPANIC ) 14 Manager of Complex Litigation COUNTY JUDGES AND COUNTY ) ATTORNEY GENERAL OF TEXAS 15 COMMISSIONERS, et al., ) 15 ) P.O. Box 12548 16 Plaintiff-Intervenors, ) Austin, TX 78711-2548 MC109 16 ) (512) 475-1969 17 VS. ) [email protected] ) 17 18 STATE OF TEXAS, et al., ) Brooke Paup ) 18 Deputy Division Chief 19 Defendants. ) Intergovernmental Relations Division ______________________________) 19 ATTORNEY GENERAL OF TEXAS 20 ) P.O. Box 12548 TEXAS STATE CONFERENCE OF ) 20 Austin, TX 78711-2548 21 NAACP BRANCHES, et al., ) (512) 936-1381 ) 21 [email protected] 22 Plaintiffs, ) 22 FOR TEXAS LEAGUE OF YOUNG VOTERS' EDUCATION FUND: ) CIVIL ACTION NUMBER: 23 Kelly P. Dunbar 23 VS. ) 2:13-CV-291(NGR) WILMER HALE ) 24 1875 Pennsylvania Avenue, NW 24 NANDITA BERRY, et al., ) Washington, DC 20006 ) 25 25 Defendants. ) (202) 663-6262 2 4 1 BELINDA ORTIZ, et al., ) 1 FOR THIRD-PARTY LEGISLATORS: ) 2 2 Plaintiffs, ) Arthur D'Andrea ) Assistant Solicitor General 3 VS. ) CIVIL ACTION NUMBER: 3 ATTORNEY GENERAL OF TEXAS ) 2:13-CV-348(NGR) 4 P.O. Box 12548 STATE OF TEXAS, et al., ) 4 ) Austin, TX 78711-2548 5 Defendants. ) (512) 936-2868 ______________________________) 5 [email protected] 6 6 7 7 ********************************************** 8 8 DEPOSITION OF 9 9 10 BRYAN HEBERT 11 10 JUNE 17, 2014 12 11 13 ********************************************** 14 12 15 HIGHLY CONFIDENTIAL 13 16 14 ORAL DEPOSITION OF BRYAN HEBERT, produced as a 17 15 witness at the instance of the Plaintiff, was duly 18 16 sworn, was taken in the above-styled and numbered cause 17 on the JUNE 17, 2014 from 9:05 a.m. to 5:51 p.m., before 19 18 Chris Carpenter, CSR, in and for the State of Texas, 20 19 reported by machine shorthand, at the Office of the 21 20 Attorney General, 209 West 14th Street, Austin, TX 22 21 78701, pursuant to the Federal Rules of Civil Procedure 22 and the provisions stated on the record or attached 23 23 hereto. 24 24 25 25 U.S. LEGAL SUPPORT - AUSTIN, TEXAS 512-292-4249 Case 2:13-cv-00193 Document 715-5 Filed in TXSD on 11/14/14 Page 2 of 169 BRYAN HEBERT 6/17/2014 CONFIDENTIAL TRANSCRIPT 4 (Pages 13 to 16) 13 15 1 e-mail and your official state or e-mail run through the 1 states? 2 Lieutenant Governor's Office. Do you see that in the 2 A. No. 3 instructions? 3 Q. And you were first hired -- I'm going to try to 4 MS. HALPERN: Can you give us a number, 4 lead you through some of your background so we can get 5 Counsel? 5 through this quickly since we've already covered that in 6 MS. WESTFALL: If you turn to Exhibit A on 6 a prior deposition. You were first hired as counsel for 7 Page 2 of Paragraph 8. 7 public policy for Mr. Dewhurst in 2007; is that right? 8 Q. (By Ms. Westfall) Do you see that the 8 A. Correct. 9 instructions direct you to look at your personal e-mail 9 Q. You were promoted to Deputy General Counsel in 10 as well as your work e-mail -- 10 2008 or 2009; is that correct? 11 A. Yes. 11 A. Correct. 12 Q. -- for responsive e-mails? 12 Q. Which year was that you were promoted? 13 A. Yes. 13 A. 2009 -- wait -- yes, I'd say 2009. 14 Q. Did you do that? 14 Q. Did your responsibilities as Deputy General 15 A. Yes. 15 Counsel include providing opinions on law to the 16 Q. How does the Lieutenant Governor communicate 16 Lieutenant Governor? 17 with his constituents? 17 A. Yes. 18 A. Typically, correspondence from constituents 18 Q. What were the circumstances under which that 19 comes into our office in the form of an e-mail or a 19 occurred? 20 letter, and we reply in a similar manner. 20 A. Analyzing legislation, reviewing open records 21 Q. Does he have an e-mail newsletter? 21 requests, and whatever questions he might have about any 22 A. I'm not sure. I don't think so. 22 legal matter. 23 Q. Does he have a mailing list that he sends 23 Q. Can you think of any other instances when you 24 letters to? 24 provided him with legal advice? 25 A. I'm not sure. 25 MS. HALPERN: Let me caution you not to 14 16 1 Q. Did you prepare for today's deposition? 1 reveal any attorney-client confidences in answering that 2 A. Yes. 2 question. 3 Q. How did you prepare? 3 Q. (By Ms. Westfall) And just to clarify, I'm 4 A. I reviewed my transcript of my deposition last 4 only asking for categories of communications, not the 5 time. I met with counsel, and I just be sort of checked 5 substance thereof. 6 to see if there were any current developments related to 6 A. I think those broad categories cover it. 7 implementation of Voter ID. 7 Q. Did your responsibilities as Deputy General 8 Q. When you met with counsel, was anyone else 8 Counsel include providing assistance to the Lieutenant 9 present? 9 Governor in any legal proceedings? 10 A. No. 10 A. I -- I do not recall. I do not think so. 11 Q. Did you review any documents at that meeting 11 Q. Did your responsibilities as Deputy General 12 with counsel? 12 Counsel include providing professional legal services 13 A. Other than -- yes, copies of the bills, and my 13 unrelated to policy choices or political considerations? 14 transcript from last time. 14 A. Can you just repeat that? 15 Q. Anything else? 15 Q. Sure. Did your responsibilities as Deputy 16 A. No. 16 General Counsel include providing professional legal 17 Q. Other than your attorney, have you spoken to 17 services unrelated to policy or political 18 anyone about your deposition today? 18 considerations? 19 A. No. 19 A. I mean, to the extent the Lieutenant Governor 20 Q. Did you bring any notes or documents with you 20 does things like communicate with constituents or 21 today? 21 receive open records requests or procedural matters 22 A. No. 22 within the Senate, yes, but for the most part, it was 23 Q. Are you still a member of the Texas bar? 23 all under an umbrella of legal advice. 24 A. Yes. 24 Q. And you served as Deputy General Counsel until 25 Q. Are you licensed to practice law in other 25 January 2012? U.S. LEGAL SUPPORT - AUSTIN, TEXAS 512-292-4249 Case 2:13-cv-00193 Document 715-5 Filed in TXSD on 11/14/14 Page 3 of 169 BRYAN HEBERT 6/17/2014 CONFIDENTIAL TRANSCRIPT 5 (Pages 17 to 20) 17 19 1 A. Correct. 1 counsel? 2 Q. During the five-year period that you served as 2 A. Overseeing the legal staff, providing legal 3 Mr. Dewhurst's deputy general counsel, you were the 3 counsel to the Lieutenant Governor and staff, answering 4 point person for the Secretary of State's office; is 4 open records requests, serving as public information 5 that right? 5 officer for our office, assorted other legal issues. 6 A. Correct. 6 Q. Are you still the point person for the 7 Q. Fair to say you're quite familiar with the 7 Secretary of State's Office or is someone else handling 8 Texas election code? 8 those responsibilities? 9 A. Correct. 9 A. Someone else. 10 Q. You became employed somewhere else in January 10 Q. Who is that person? 11 2012? 11 A. Constance Allison. 12 A. Yes. 12 Q. Has that person -- how long has Constance 13 Q. Where was that? 13 Allison been employed with Mr. Dewhurst? 14 A. I was an independent political consultant, and 14 A. I believe she started when I did, which would 15 I had clients and was in the process of forming a 15 be October or so, 2012. 16 partnership. 16 Q. Is she involved in any way in implementation of 17 Q. You served -- did you serve as the executive 17 SB 14? 18 director for the Texas Conservative Roundtable? 18 A.