Not a member of Pastebin yet?
Sign Up,
it unlocks many cool features!
- COMMITTEE SENSITIVE
- COMMITTEE ON THE JUDICIARY,
- U.S. HOUSE OF REPRESENTATIVES,
- WASHINGTON, D.C.
- INTERVIEW OF: LISA PAGE
- Friday, July 13, 2018
- Washington, D.C.
- The above matter' was held in Room 2141, Rayburn House Office
- Building, commencing at 1:40 p.m.
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE
- Mr. Somers. Let's go on the record.
- Good afternoon. This is a transcribed interview of Lisa Page,
- a former assistant general counsel at the Federal Bureau of
- Investigation. Chairman Goodlatte and Chairman Gowdy requested this
- interview as pant of a joint investigation by the House Committee on
- the Judiciary and the House Committee on Oversight and Government
- reform r'egar'ding decisions made and not made in 2916 and 2917 by the
- Department of Justice and the Federal Bureau of Investigation regarding
- the 2016 Presidential election.
- Would the witness please state her name and the last position she
- held at the FBI for, the record?
- Ms. Page. Lisa Page. I have always been an assistantgeneral
- counsel at the FBI, but the last informal role I held was as special
- counsel to the Deputy Director of the FBI.
- Mr. Somers. Thank you. I want to thank you for appearing here
- today. My name is Zachary Somers, and I am the majority general counsel
- on the House Judiciary Committee.
- I will now ask everyone else who is here in the room to introduce
- themselves for the record, starting to my right with Apt Baker.
- Mr. Baker. Ar<hur'Bakeruirwestigativecounse1,House0udiciary
- Committee majority staff.
- Mr. Parmiter. Robert Parmiter, chief counsel for crime and
- terrorism, House Judiciary majority staff.
- Mr. Breitenbach. Ryan Breitenbach, senior, counsel, House
- Judiciary majority.
- COMMITTEE SENSITIVE
- ############################
- MP.
- MS.
- COMMITTEE SENSITIVE
- Gowdy. Tr'ey Gowdy, South Carolina.
- Jackson Lee. Sheila Jackson Lee, Houston, Texas, Judiciary
- Committee.
- Mr.
- MP.
- Mr.
- Mr.
- Ms.
- Mr.
- Ms.
- Mr.
- Ms.
- MS.
- Ms.
- Ms.
- minority.
- MP.
- majority.
- Mr.
- Ratcliffe. John Ratcliffe, Texas.
- Jordan. Jim Jordan, district, Ohio.
- Nataro. John Nataro, associate general counsel, FBI.
- Wellons. Paul Nellons, associate general counsel FBI.
- Bessee. Cecilia Bessee, acting deputy general counsel FBI.
- Jeffress. Amy Jeffress, counsel for Lisa Page.
- Kim; Janet Kim, House Oversight Committee minority staff.
- Hiller'. Aaron Hiller, House Judiciary Committee.
- Hapihapan. Arya Hariharan, House Judiciary Committee.
- Aggmg; Marta Adamu, OGR majority.
- Wasz-Pipen. Lyla Wasz-Pipen, House Judiciary minority.
- Sachsman Grooms. Susanne Sachsman Grooms, HouseOversight
- Apelbaum. Perry Apelbaum, House Judiciary Committee
- Nadler. Jerry Nadler, vice ranking member' of Judiciary
- Committee.
- Mr.
- Mr.
- Mr.
- Raskin. Jamie Raskin, Judiciary Committee.
- Dalton. Jason Dalton, FBI congressional affairs.
- Krishnamoorthi. Raja Krishnamoorthi, Illinois,0versight.
- Chairman Goodlatte. Bob Goodlatte, Virginia, Chairman of House
- Judiciary Committee.
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE
- Mr. Biggs. Andrew Biggs, Judiciary Committee.
- Mr. Buddharaju. Anudeep Buddharaju, House Oversightmajority.
- Ms. Green. Megan Green, House Oversight majority.
- Mr. Gohmert. Louie Gohmert.
- Mr. Perry. Scott Perry, Pennsylvania, Fifth District.
- Mr. Gaetz. Matt Gaetz, Florida, House Judiciary Committee.
- Mr. Somers. The Federal Rules of Civil Procedure do not apply
- in this setting, but there are some guidelines that we'll follow that
- I'll go over'. Our questioning will proceed in rounds. The majority
- will ask questions first for an hour, and then the minority will have
- the opportunity to ask questions for an equal period of time.
- ble usually go back and forth in this manner' until there are no
- more questions and the interview is over'. However, given our' late
- start time today and the witness' willingness to reappear to resume
- this interview on Monday, our plan is to do two pounds tor the majority
- andtworoundsfortheminoritytoday,andwe'llpickupagainonMonday.
- Mr. Jeffress. Just to be clear, we're willing to stay all
- aftersnoonthisaftermoonifwecou1dfinishtodayandwouldpreferthat.
- Mr. Somers. Okay. We'll see where we get at the end of the first
- two pounds.
- Although a subpoena was issued for' Ms. Page's appearance,
- Ms. Page, through her, attorney, has agreed that we'll proceed with
- today's session as a voluntary transcribed interview. ble anticipate
- thatouPquestionswi11Peceivecompleter'esponses. Totheextentthat
- Ms. Page declines to answer' our' questions or if counsel instructs hen
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE
- not to answer, we will consider whether' we need to proceed under, our'
- subpoena.
- Typically, we take a short break at the end of each hour, of
- questioning, but if you would like to take a break apart from that,
- please let us know. As you can see, there is an official r'eporter'
- taking down everything we say to make a written record so we ask that
- you give verbal responses to all our questions. Do you understand
- that?
- Ms. Page. I do.
- Mr. Somers. So that the reporter can take down a clear, record,
- we will try to do our best to limit the number of Members and staff
- directing questions at you during any given hour, to just those Members
- and staff whose turn it is. It is important that we don't talk over'
- one another or interrupt each other if we can help it.
- Both committees encourage witnesses who appear" for, transcribed
- interviews to freely consult with counsel if they so choose, and you
- ace appearing with counsel today. Could counsel please state hen name
- for the record?
- Mr. Jeffress. Amy Jeffress.
- Mr. Someps. We want you to ask our' questions in the most complete
- and truthful manner possible so we will take our time. If you have
- any questions or if you do not understand one of our' questions, please
- let us know. If you honestly don't know the answer' to a question or
- do not remember it, it is best not to guess. Please give us your' best
- recollection, and it is okay to tell us if you learned the information
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE
- from someone else.
- If there are things you don't know or can't remember, just say
- so, and please inform us who, to the best of your knowledge, might be
- able to provide a more complete response to the question.
- Ms. Page, you should also understand that, although this
- interview is not under, oath, you are required by law to answer' questions
- from Congress truthfully. Do you understand that?
- Ms. Page. I do.
- Mr. Somers. This also applies to questions posed by
- congressional staff in an interview. Do you understand this?
- Ms. Page. I do.
- Mr. Somers. Witnesses who knowingly provide false testimony
- cou1dbesubjecttoct'imina1prosecutionfoPper'juryorHor'makingfa1se
- statements. Do you understand this?
- Ms. Page. I do.
- Mr. Somers. Is there any reason that you are unable to provide
- truthful answers to our' questions today?
- Ms. Page. There is not.
- Mr. Somers. Finally, I'd like to note that, as chairman of the
- Judiciary Committee stated at the outset of our' first transcribed
- interview in this investigation, the content of what we discuss here
- today is confidential. Chairman Goodlatte and Chairman Gowdy ask that
- you not speak about what we discuss in this interview to anyone not
- present here today to preserve the integrity of our investigation.
- This confidentiality rule applies to everyone present in the room
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE
- today.
- That's the end of my preamble. Do you have any questions betore
- we begin?
- Mr. Jeffress. I would just like to state on -- with respect to
- your' last point, that if we understand that confidentiality has been
- violated by any media reports of what takes place today, we will
- consider, ourselves to be released from that confidentiality provision
- and hope you understand that.
- Mr. Somers. Okay. The time is now 1:45, and we'll get started
- with our first round of questions.
- Mr. Gowdy. Good afternoon, Ms. Page. My name is Trey Gowdy.
- I'mfnomSouthCarolina. I'montheJudiciaryandOversightCommittee.
- I want to ask you about some texts that have been attributed to you,
- but I want to give you an opportunity to follow along as we identify
- them. I'm going to try to do it by date, but one thing that I have
- learned in the course of this investigation is sometimes the dates don't
- sync up. So, if there's ambiguity about the date, then I'll give you
- the first phrase of that text, that way your' attorney can identify it.
- Ms. Page. Do you have a --
- Mr. Gowdy. I want to start with one dated November, I, 2015.
- It's a text that you sent to Special Agent Peter Strzok: And I hope
- Paul Ryan fails and crashes in a blaze of glory.
- Do you recall that text?
- Ms. Page. I do not.
- Mr. Gowdy. Do you dispute that you sent that text?
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE
- Ms. Page. Not at all.
- Mr. Gowdy. what did you mean by "fails"?
- Ms. Page. I don't recall the text, sin.
- Mr. Gowdy. Could you review it and see if that refreshes your'
- recollection?
- Ms. Page. If you can give me the text in the context surrounding
- it, that would help, yes, please.
- Mr. Gowdy. Sure.
- Ms. Page. I don't know. I don't know. Sorry. My guess isl
- was watching the news about something. And I don't know what was
- happeninginNovemberof 2015,butmysuspicionistherewassomepolicy
- issue that I disagreed with, and that was my statement. But I really
- do not know.
- Mr. Gowdy. Would it refresh your' recollection to know that,that
- was 2 days after, he became Speaker' of the House?
- Ms. Page. Certainly.
- Mr. Gowdy. And when you wrote "fails,' what did you mean by
- "fails"?
- Ms. Page. I couldn't tell you.
- Mr. Gowdy. Out of the universe of options of what you could have
- meant by "fails"?
- ~Ms. Cage, I don't know precisely what I was thinking about, sir.
- I presume -- I really don't know. I can't take a guess at it. If there
- was a particular' policy proposal or a par'ticular' objective that he had
- as Speaker, if there was something about a statement or a speechor'
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE
- something that he was saying that I was referring to, but I don't have
- the context for, the Pest of It, so I'm sorry.
- Mr. Gowdy. How about "crashes in a blaze of glory"? What'd you
- mean by that?
- Ms. Page. I don't have a better' answer, sir. I'm sorry. I just
- don't recall precisely what I was referring to.
- Mr. Gowdy. All night. How about we move to February M of 2016?
- And, again, my date may be different -- wouldn't be different by more
- than a day than yours.
- Ms. Page. February 24, 2016? I'm sorry.
- Mr. Gowdy. February 24, 2016, is a page that you would have sent
- to Special Agent Peter Strzok, and it begins, "One mor'e thing." I'll
- wait until your' counsel lets me know if she's got that pulled up.
- Ms. Page. 0h, she's not pulling them up. I'm sorry.
- Mr. Gowdy. You're not pulling them up?
- Mr. Jeffpess. I'm taking notes.
- Mr. Go-wig.- You don't have -- do you have a book of the text -- of
- your" text?
- Ms. Page. I do not, no.
- Mr. Gowdy. Well, why don't we stop for, a minute and let that
- happen so we're not --
- Ms. Page. Thank you. That would be helpful. Okay.
- Mr. Gowdy. February 24, 2916, a page that begins, "One more
- thing."
- Ms. Page. Ah, yep. I see it. Yes.
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 10
- Mr. Gowdy. Could you read that for us?
- Ms. Page. Sure: One more thing. She might be our' next
- President. The last thing you need us going in there loaded for bean.
- You think she's going to remember or cape that it was more DOJthan
- FBI?
- Mr. Gowdy. who would be the "she" in the "she might be
- President“?
- Ms. Page. Hillary Clinton.
- Mr. Gowdy. what did you mean by "the last thing you need us going
- in there loaded for bean"?
- Ms. Page. So, as I discussed at length in the 16 r'epor't, there's
- a great deal of context here that needs to put this in context. And,
- in fact, there are easily a half dozen emails and other, text messages
- all sort of surrounding this timeframe.
- Pretty early on or actually right around this time in the
- investigation, almost every interview had been conducted the way FBI
- interviews are regularly conducted, with twoagents, maybe aprosecutor
- or two, but it -- generally two agents and one or two prosecutors.
- And as soon as the planning started to begin to interview some
- of the more high-profile witness, not just Mrs. Clinton but also Huma
- Abedin, Cheryl Mills, Jake Sullivan, and her sort of cope team,the
- Department wanted to change the sort of structure and the numberof
- people who were involved.
- And the FBI did not agree with that. We thought this is the way
- we normally do things. This is the way we -- this is the way -- as
- COMMITTEE SENSITIVE
- ############################
- 11
- COMMITTEE SENSITIVE
- you well know, sir, asa pr'osecutor'. I was a prosecutor for 6years
- aswell --amoreeffectiveinterviewisconductedwithasmallergroup,
- and you build a better, rapport, not -- this lovely body
- notwithstanding.
- And so we felt str'ongly that there should only -- we should
- maintain the same procedure that we had maintained, which was two
- pr'osecutor's, two agents, and this represents kind of the middle of a
- fight that had been happening preceding this date and following this
- date about how many personnel should be present for these high-profile
- interviews.
- Mr. Gowdy. who specifically at the Department advocated for a
- different way of interviewing what you refer to as high profile?
- Ms. Page. David Laufman. David Laufman.
- Mr. Gowdy. Anyone else?
- Ms. Page. No, not to my knowledge.
- Mr. Gowdy. And if I understood the context of your' answers, at
- least someone at the Bureau, maybe you, but someone at the Bureau
- questioned why you would treat some witnesses differently from the way
- you treated other witnesses?
- Ms. Page. No. Actually, the whole team. To the best of my
- knowledge, everybody at the FBI felt that we should proceed with the
- higher' profile interviews, including for, Mrs. Clinton, in the same way
- that we always had.
- David Laufman felt stnonglythat he needed to be pr'esent for these
- higher, profile interviews. And so that then cascaded: Nell, ifhe's
- COMMITTEE SENSITIVE
- ############################
- 12
- COMMITTEE SENSITIVE
- going to be there, should we have Pete or someone else sort of higher'
- r'anking than the sort of line agents and line prosecutors who were
- conducting the investigation.
- And then, once we started talking about including David, then the
- U.S. Attorney's Office also wanted to participate in the interviews,
- although they had participated in virtually none by that point. And
- so then the U.S. Attorney's Office was pushing to have the AUSAs, who
- were participating in the Clinton investigation, also participate.
- And so now, all of a sudden, we were going from our' standard two
- and two to this burgeoning number, of people. And this text reflects
- my frustration that we should be doing things the way we always do
- things, and that we should not kowtow to the Department's desireto
- add people who are not necessary and who were not necessar'ilygoing
- to add value to these interviews.
- Mr. Gowdy. How many interviews were conducted in the way that
- you think would have been different from an operational norm?
- Ms. Page. I don't know for sure. I'd say a half dozen or less,
- but I am just sort of guessing.
- Mr. Gowdy. Of the half dozen or less, did you send text or emails
- worried about the perception of treating that interview differently,
- or was it just the one when you referred to she might be our President?
- Ms. Page. No. This was an argument that pertained to all of them
- ultimately. So this was not unique to her. Again, this is just sort
- of a sort of snippet in time, but we had multiple -- and I think it's
- reflected either, in other, texts or in other' emails -- multiple
- COMMITTEE SENSITIVE
- ############################
- l?
- COMMITTEE SENSITIVE
- conversations and lots of back and forth and a great deal of frustration
- in which I was largely advocating the team's interest to keep it at
- two and two with the Deputy Director.
- And George Toscas from the Justice Department was advocating fon
- why he felt David Laufman should be there, and now the U.S. Attorney's
- Office is a partner, and so we need the two prosecutors who are actually
- doing all the work because they're the ones who have the substantive
- knowledge. But if David Laufman comes, how do we now exclude a higher
- ranking, you know, senior, AUSA from the eastern district of Virginia
- who's involved.
- And so it was sort of a back and forth that continued for possibly
- a week on this topic. And it pertained -- again, it was -- it came
- up first in the context of scheduling Jake Sullivan's interview, is
- my recollection, although I'm not positive. But I think he was the
- first one. And that's what sort of trigger'ed the lar'ger' discussion.
- Mr. Gowdy. All right. Two questions, but I'll let you take them
- in order. I wrote down David Laufman's name and then you introduced
- a name George Toscas.
- Ms. Page. Yes.
- Mr. Go_wdy, was it Laufman OP Toscas that was advocating for, the
- interviews to be done differently?
- Ms. Page. I'm sorry. I should bemore clear'. It was Laufman.
- My understanding is that it was David Laufman who was the section chief
- of the -- then it was called the counter‘espionage section at the Justice
- Department. He was the -- he was the one who first said: I feel like
- COMMITTEE SENSITIVE
- ############################
- 14
- COMMITTEE SENSITIVE
- I need to be there.
- George Toscas is his boss, and so David Laufman was a low
- enough -- was of a rank -- as you well know, the FBI is quite
- hierarchical. And so Dave Laufman was of a rank that he would not have
- been calling the Deputy Director to advocate for, his position
- personally.
- So he went to his boss, George Toscas, whom Andy McCabe has had
- a long relationship with because George has done counterterrorism and
- Andy did counterterrorism. And so David went to his boss, George
- Toscas, to further advocate for, the position that the Department
- was -- that David Laufman wanted to take for two -- for, excuseme,
- for a greater number, of prosecutors.
- Mr. Gowdy. For those of us who might be inclined to side with
- your' position that you should treat all interviews the same, what was
- the argument that you should treat certain interviews differently?
- Ms. Page. Well, the one David posited, and this is -- I did not
- heap it personally, so this is secondhand to me. But what I understood
- David's argument was, was that he was the section chief over' this
- investigation, so he was sort of the -- ostensibly the person running
- it, although he did not really have day-to-day involvement in the
- investigative activity, and that he would one day be in the room with
- Loretta Lynch and she would turn to him and sort of ask his viewon
- the sort of credibility of the witnesses and otherwise and that he felt
- it was -- he had a responsibility to be present in order to beable
- to answer" -- answer whatever, questions were expected of him by
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 15
- seniop-leue1 people at the Justice Department.
- Mr. Gowdy. And so the text -- I don't know if it's right after'
- that. It'salsodatedFebr'uaty 24 --fromyouto, Iguess,then-Deputy
- Director McCabe and another, of your' employee -- begins having a larger
- number. You see that one?
- Ms. Page. I don't because I'm guessing it's probably on another,
- set. If you wouldn't mind reading -- I know it Just changes by like
- one or two lines, so if you wouldn't mind Just reading it, sin.
- Mr. Gowdy. Having a larger number' in the room is not
- operationally necessary and that this is as much about reputational
- protection as anything.
- Ms. Page. Got it. Yes.
- Mr. Gowdy. Can you see how someone might read that text to be
- that the interview itself was kind of perfunctory and the interview
- itself was about reputational protection?
- Ms. Page. I don't see it that way, sir, no.
- Mr. Gowdy. How do you see it?
- Ms. Page. Well, in part because I make the reference to sort of
- operational necessity, that doesn't go at all to the perfunctory
- nature. And this wasn't -- this argument, although here we ape just
- talking about Hillary Clinton, this is just a snapshot of this one
- particular' text. The broader argument was with respect to all of the
- sort of higher' profile witnesses, and so what the -- what we're arguing
- is let's be reasonable here. I don't -- there's no operational
- necessity for it, and, furthermore, it's not the right optic. It's
- COMMITTEE SENSITIVE
- ############################
- 16
- COMMITTEE SENSITIVE
- now how we do things. It's not an optic because she's going to be
- President. It's an optic because we, the FBI, don't really liketo
- come marching in, you know, loaded for, bean or guns blazing or any other,
- sort of turn of phrase that you want to use where it's not operationally
- necessary.
- So, if you're executing a search warrant, you're going to come
- with a bunch of dudes. If you're trying to conduct an interview, it's
- not really appropriate to come with an army full of -- notwithstanding
- my friends here -- an army full of lawyers and agents.
- Mr. Gowdy. Drawing on your' background as prosecutor and as
- counsel for, the Bureau, what is operationally necessary about having
- other potential fact witnesses attend an interview?
- Ms. Page. I do not know. I would agree with you that it is not
- typically appropriate or operationally necessary to have fact
- witnesses attend the interview.
- Mr. Gowdy. Do you know whether any potential fact witnesses
- attended the interview -- we'll start with Secretary Clinton?
- Ms. Page. It's my understanding that both Cheryl Mills and, I
- think, Heathen Samuelson attended her' interview.
- Mr. Gowdy. who made the decision to allow them to be present?
- Ms. Page. Somebody at the Department. I do not know whom.
- Mr. Gowdy. And when you say the Department, you're
- distinguishing the Department from the Bureau?
- Ms. Page. Yes. I'm sorry. I will always call the Bureauthe
- FBI or the Bureau, and the Department the Justice Department orthe
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 17
- Department.
- Mr. Gowdy. Were potential fact witnesses allowed to sit in in
- any of the other universe of interviews where things were done
- differently?
- Ms. Page. Not to my knowledge.
- Mr. Gowdy. So the best of your" knowledge, it was only hen
- interview where potential fact witnesses were allowed to sit in?
- Ms. Page. That's correct.
- Mr. Gowdy. Now, as a former prosecutor, I am sure that struck
- you as being highly irregular?
- Ms. Page. We all at the FBI disagreed with it. And I recall both
- lawyers for, the FBI calling to -- calling over' to the prosecutors, and
- I am certain that Pete called over' to the prosecutors to say, "This
- is BS," I'm sure is probably how he would have phrased it, likewhy
- are they attending. And the answer' that we received back was that they
- did not have the -.. they didn't see a legal basis to exclude them from
- the interview because Secretary Clinton was representing them as her
- lawyers.
- Mr. Gowdy. Had she been interviewed in a compulsory setting,
- would she have been allowed to have fact witnesses present?
- Ms. Page. I don't think that makes a difference. Well, I'm
- sorry. Do you mean like in a grand Jury?
- Mr. Gowdy. Yeah, like a grand Jury.
- Ms. Page. In a gr'and jury, she wouldn't have anybody present.
- Mr. Gowdy. Right. Including your' lawyer'.
- COMMITTEE SENSITIVE
- ############################
- 18
- COMMITTEE SENSITIVE
- Ms. Page. She would not be permitted to have any lawyer present;
- that's correct.
- Mr. Gowdy. Right.
- Ms. Page. Right.
- Mr. Gowdy. Do you know who at the Department would have made the
- decision to allow potential fact witnesses to be present?
- Ms. Page. I do not, sir.
- Mr. Gowdy. who would be the universe of folks that would have
- the authority to do so?
- Ms. Page. I presume -- so the reason I hesitate is because I
- don't know -- I know who the two line prosecutors were who we worked
- with regularly. I'm sorry. Oh. I worked with the two -- I know who
- the two line prosecutors were who were sort of responsible for the
- day-to-day investigative activity. I do not know whether, they made
- thosedecisionsontheirtsnonwhether'theyconsu1tedtheirsuper'ioPs,
- which would have been David Laufman and George Toscas again. I Just
- don't know.
- Mr. Gowdy. I want to go to March 3, 2916. Well, actually, let
- me ask you, Secretary Clinton was interviewed on July --
- Ms. Page. I think 2nd, I believe so.
- Mr. Gowdy. -- 2. Do you recall when Attorney General Lynch
- r'ecused herself?
- Ms. Page. Either right before or right after'. I don'tremember
- exactly.
- Mr. Gowdy. Would she have been still making the decisions on the
- COMMITTEE SENSITIVE
- ############################
- 19
- COMMITTEE SENSITIVE
- case? Would she have still not been recused by the time these
- conversations take -- took place about who could and could not be
- present?
- Ms. Page. Oh, oh, oh. So -- well,two things. I guess,first,
- I am not sure she ever' formally recused herself. She sort of, I think,
- did a half step, which I think she's been criticized for', which was
- thatshedidn'tfu11ysortofstepawayfr'omtheinuestigationfo11oudng
- the tarmac incident. She said that she would defer to the sort of
- judgment of the career prosecutors. So I don't -- I wouldn't -- we can
- call that a recusal if that's how you want to frame it, but I don't
- know that that legally would be considered one.
- I really do not know. This case was unusual in that most of the
- high-profile matters that I have been a part of during my services as
- Mr. McCabe's counsel required fairly regular meetings with high-level
- Justice Department officials and so it was not uncommon to be briefing
- the Attorney General, and certainly more likely the DeputyAttorney
- General or the PADAG about the status of certain investigations.
- And in this investigation, I do not believe that the FBI ever'
- provided a substantive briefing other, than very, very early in the
- investigation before I was working for, the Deputy Director and before
- Andy McCabe was the Deputy Director'.
- So I actually can't answer' any questions substantively with
- respect to what kind of briefings and what Loretta Lynch or Sally Yates
- or other, high-level Justice Department officials knew and when because
- we were not really privy at all to what sort of briefings and who was
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 20
- delivering them and what the substance was of them.
- Mr. Gowdy. I'm going based on memory here because I don't have
- the text in front of me, and if you don't recall it, then we'llget
- somebody to pull it up for us. But I have in the vague recessesof
- my memory a text you either sent or received that reterred to Loretta
- Lynch as something others than a profile in courage.
- Ms. Page. Yep, I remember that one.
- Mr. Gowdy. Would that have been in connection with hen decision
- to Pecuse herself?
- Ms. Page. Right. So that was in -- that was in response to the
- tarmac episode. And as I said, also from memory, so this may be off
- a little bit, but my recollection is that she represented publicly that
- she would defer, to the judgments or the recommendations of the career
- pr'osecutor's. And I think my text said something to the effect of:
- It's a real profile in courage since she knows no char'ges would be
- brought.
- At this point, this is late -- or early July, and so that does
- represent a presumption onmy pant. I do not have knowledge, actual
- personal knowledge that she knew no -- knew charges -- that she knew
- no changes would be brought. But every single person on the team,
- whether, FBI or DOC, knew far earlier than July that we were not going
- to be able to make out sufficient evidence to change a crime. And so
- that was my supposition, but I don't actually know that she knew that.
- Mr. Gowdy. I think one thing that folks sometimes struggle with
- is when that conclusion is reached and how many interviews are left
- COMMITTEE SENS IT IVE
- ############################
- COMMITTEE SENSITIVE 21
- to be conducted before that interview is reached, and in particular,
- how many substantive interviews are left, like, for instance, including
- the subject.
- Ms. Page. Uh-huh.
- Mr. Gowdy. So how could you know before you talk to the subject
- that the subject would not say something inculpatory during the
- interview?
- Ms. Page. Chairman, I certainly take your' point. I imagine
- you've probably had this exper'ience too. At a certain point, when you
- have examined exhaustively every sort of avenue that you can with
- r'espect to available evidence, night, there's only -- ifyou have found
- nothing beyond testimony, right, beyond somebody saying, yes, Idid
- this wrong or no, I didn't do this, it's challenging to be able to then
- confront a witness and try to -- despite whether, you think that there
- was -- let me take a step back.
- So the primary look in this investigation was mishandling of
- classified information, night. And so what we were looking for, in
- particular' was some indicia of knowledge that she knew these particular
- communications shouldn't be tr'aver'sing the ser'ver' she set up, that they
- were, in fact, classified, that there was a sort of purposeful -- or,
- you know, an intent to mishandle classified information.
- And so, when -- by the point -- and I can't give you a precise
- date but, you know, March, April, Mayish, night, in the sort of ear'ly
- spring, when the bulk of -- the bulk of the investigative activity with
- respect to forensics, with respect to interviews of people who set up
- COMMITTEE SENSITIVE
- ############################
- 22
- COMMITTEE SENSITIVE
- the servers, like all of the people who you might think are not so
- closely connected to Secretary Clinton, that if there wassomething
- nefarious there, you might actually be able to find it, by that point,
- we simply did not see anything.
- And so she's a very sophisticated woman. Cheryl Mills, Jake
- Sullivan, these are very smart, very savvy, you know, Washington
- players. They will all have highly competent counsel. So I don't
- think there was a strong expectation that the witness interviews were
- going to provide contrary evidence that we had uncovered -- evidence
- contrary to what we had uncovered to date.
- Certainly, it's possible. It doesn't mean that it's not
- possible. But without being able to take a document and say, "Ma'am,
- how do you explain this, you know, this suggests X, how can you possibly
- say that this was the problem," there wasn't a strong expectation that
- the interviews were going to change the sense of the team, which was
- that there would not be a prosecutable case.
- Mr. Gowdy. what element, in your" judgment, was missing from
- making the case potentially prosecutable?
- Ms. Page. Well, I am not super' comfortable without looking at
- a statute night now. I'm sorry. I don't know if somebody has it, only
- because I don't want to misspeak. But I can say broadly: I think we
- all agr'eed -- rock on. Nice work. Thank you. One second, please.
- Is it F? I can't remember.
- Mr. Parmiter. Yes, F.
- Ms. Page. So I should also say, I don't sort of formally work
- COMMITTEE SENSITIVE
- ############################
- 23
- COMMITTEE SENSITIVE
- in counterintelligence. I was -- when I was a prosecutor' I did
- organized crime work so I did not do national security work. And so
- I am, like the further -- I am a lawyer, but I am not an expert in this
- area at all. But --
- Mr. Gowdy. Well, I may -- can ask you a question that will make
- it easier'.
- Ms. Page. Sure. Thank you.
- Mr. Gowdy. Director Comey said what was missing was intent.
- Ms. Page. Right.
- Mr. Gowdy. IG Horowitz said what was missing, in his judgment,
- was knowledge. And it strikes me both of those would be of interest
- when you're interviewing the subject. The subject might actually be
- uniquely well positioned to address those two missing elements. So
- does it refresh your' recollection at all that it might have been intent
- or knowledge?
- Ms. Page. I think both are absolutely the case, but, again, it
- goes back to the point I made earlier, which is she will also know that
- intent and knowledge ape the sort of two critical elements inorder
- to prove this case. And to the extent that she at least knew all of
- the emails that were, you know, produced from hen server -- and, you
- know, I have no idea what sort of defense work hen -- she and hen team
- at Williams & Connolly were doing, but these ape fairly sophisticated
- attorneys, and so it's absolutely the case that a witness mightsay
- something that would speak to intent or knowledge.
- But the general thinking was that this witness was going to be
- COMMITTEE SENSITIVE
- ############################
- 24
- COMMITTEE SENSITIVE
- sufficiently well prepared, that an error to the -- I mean, again, I
- can't say whether she had the intent or not. I have no evidence. I
- cannot point to any particular -- so I don't want to be unfair, to the
- Secretary either.
- I cannot point to anything with respect to what the team uncovered
- that spoke to hen having an intent to mishandle classified information.
- I think it was not smart, but I don't think that it was -- it's my
- personal opinion, I don't -- I can understand why the Judgment of the
- team was that this was not a prosecutable case.
- And I guess, if I can just -- we didn't really do any background,
- but if I can do one tiny second on that.
- I stand in an awkward position with respect to this investigation
- because I'm not formally on the team, the Midyear team, with the
- investigative people who are looking at the evidence every day and
- meeting every day on their -- you know, to team up and see whatthe
- next steps are. So I'm -- I don't have the sort of substantive
- knowledge that Pete or the other agents or the other, attorneys or Jon
- Moffa (ph) would have because I'm not involved in the day-to-day
- decisionmaking; I'm not involved in the day-to-day uncovering of
- evidence. Iamnotreadingevery302. I'mactuallynotreadinghardly
- any 3025. I'm working for the Deputy Director. And so what the
- information that I have that I'm sharing now is largely information
- that's -- that I'm gleaning from meetings with the Deputy Director or
- the Director, you know, sort of the weekly or whatever tempo we were
- at at any period of time, updates that the Dir'ector, and the Deputy
- COMMITTEE SENSITIVE
- ############################
- 25
- COMMITTEE SENSITIVE
- Director, were receiving.
- Mr. Gowdy. All right. I want to switch over to March of 2016.
- It's a text from you to Special Agent Peter, Strzok.
- Ms. Page. I'm sorry. What's the date, sin? March --
- Mr. Go_wdy, March 3nd, 2016.
- Ms. Page. Okay.
- Mr. Gowdy. "God. Trump is a loathsome human."
- Ms. Page. I see that.
- Mr. Gowdy. what did you mean by that?
- Ms. Page. I don't recall.
- Mr. Gowdy. what does the word "loathsome" mean?
- Ms. Page. Well, obviously, I know what that means. But Iguess
- my point, sir -- and let me look because I did have -- ah. So this
- helps. So what is occurring, my belief, is, is that we are watching
- a Republican debate, and so this is us watching and sort oftexting
- each others during the course of the debate. And I have absolutely no
- idea what particular thing was uttered that I was responding to,
- but -- and this is also the one, I will say, that, you know, in which,
- you know, genitalia sizeis discussed. So I don't know whether, that
- is a reflection of that or some others sort of shocking and outlandish
- thing that I thought did not fit the candidate for, Presidency. But
- that is what that's a reflection of.
- Mr. Gowdy. One day later, on March the 4th, there is a text from
- you to Special Agent Strzok: Poor, Kasich. He's the only sensible man
- up there.
- COMMITTEE SENSITIVE
- ############################
- 26
- COMMITTEE SENSITIVE
- what did you mean by "up there"?
- Ms. Page. I think -- my guess is, on the podium with the
- other, -- I am not sure the dates ace right. I have no --
- Mr. Gowdy. Could it have been a debate when he was the only one
- that, In your' Judgment, was sensible on a debate stage?
- Ms. Page. Yes. That's my -- I don't know why the date is
- different, but you totally cannot rely on the dates the way these things
- get pulled. But, yeah, my guess is that it is -- they are all on the
- debate stage. This is a reflection of my saying, like, he's a sensible
- man, and this is a shame.
- Mr. Gowdy. Let's flip to Nay of 2017, May the 9th of 2017. This
- is actually a text from Special Agent Strzok to you. And it begins:
- And we need.
- Mr. Jeffress. Did you say 2017?
- Mr. Gowdy. Yes, ma'am.
- Ms. Page. Oh, sorry. May 8, you said, sir?
- Mr. Gowdy. I have it down as the 9th, but it may well be the 8th.
- It begins, "And we need."
- Ms. Page. May 9.
- what am I missing here, Amy?
- Okay. I don't have it. If you can read it to me.
- No, it's not. This is the gap period, right, the December to
- May 17th or 18th or something like that.
- It's not in this book, sir, but go ahead.
- Mr. Gowdy. I'm happy to read it to you.
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 27
- Ms. Page. Okay.
- Mr. Gowdy. "And we need to open the case we've been waiting on
- now while Andy is acting."
- Ms. Page. Yes.
- Mr. Gowdy. who is Andy?
- Ms. Page. Andy is Mr. McCabe.
- Mr. Gowdy. And this is, what, a day after Director Comey has been
- fined?
- Ms. Page. That's correct.
- Mr. Gowdy. whatisthecasethatyoucouldnotopenwhenJimComey
- was the Director but you might be able to since Andy is acting?
- Ms. Page. You're misreading that text, sip.
- Mr. Jeffress. Do you need to consult with FBI counsel?
- Ms. Page. Yeah. Let me -- may I consult with counsel
- momentarily?
- Mr. Jeffress. There may be instructions on whether or not she
- can discuss this case.
- Mr. Gowdy. Okay.
- [Discussion off the r'ecor'd.)
- Ms. Page. Thank you, sip.
- I've been instructed by FBI counsel that what I can say is the
- decision to open the case was not about who was occupying the Director's
- chair.
- Mr. Gowdy. Pardon me? Sure.
- Mr. Breitenbach. Can you inform us what the rationale is for, a
- COMMITTEE SENSITIVE
- ############################
- 28
- COMMITTEE SENSITIVE
- former, employee consulting an FBI lawyer on whether there is guidance
- on answering a question from Congress?
- Ms. Bessee. Sur‘e. The guidance is based on the fact that the
- information she is testifying about is related to FBI information, FBI
- investigations. And the information that she's also testifying about
- she has been privy to as an FBI employee. So it is not hep personal
- information. She would not have gleaned that information but for, the
- fact she was an FBI employee at the time and it irivolves FBI equities.
- Mr. Breitenbach. Do you have any legal basis for, making that
- decision?
- Ms. Bessee. When FBI --
- Mr. Breitenbach. Meaning, is there a regulation OP a statute
- that you can point to on whether --
- Ms. Bessee. I'm not sure I can point to a regulation OP statute.
- But whether, you are current or' former FBI employee, as part of the
- process of becoming that employee, you sign -- you -- when you get your'
- clearance you sign nondisclosures for, the accesses' that you get. And
- based on that, whether you're current OP former FBI. employee, you
- cannot -- and the Touhy nights as well.
- Mr. Breitenbach. And the what?
- Ms. Bessee. Touhy nights. The Touhy ex rel. Ragen case also
- refers to that. And I'd have to look at it to be able to quote to you.
- We can get that at some point, but that's what I can tell you night
- now.
- Mr. Gowdy. If we start citing case law, you're going to lose most
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 29
- of the Members of Congress.
- Mr. Meadows. So, excuse me, Mr. Chairman, how long does this
- last? I guess, how long do you actually provide counsel to previous
- employees, I mean, in perpetuity?
- Ms. Bessee. Yes. As long as it relates to FBI information and
- FBI cases.
- Mr. Gowdy. All night. We'll try it again.
- This is from Special Agent Strzok to you'. And we need to open
- the case we've been waiting on while Andy is acting.
- You, I think, if I understood your' answer, correctly, you've been
- authorized by the Bureau to tell us that that case was not contingent
- upon who the Director of the FBI was?
- Ms. Page. That is correct.
- Mr. Gowdy. Which you would have to have a lot of creativity to
- be able to read that text and peach that conclusion?
- Ms. Page. I completely understand that. And if I was ableto
- explain in more depth why the Director firing precipitated this text,
- I would.
- Mr. Gowdy. Did it relate -- this is May of 2017. Did itrelate
- in any way with the Russia investigation, the potential collusion
- between the Russian Government and/or' others in the Trumpcampaign?
- Ms. Page. Yes. I don't see what, I mean -- yes.
- Mr. Gowdy. Well, then I'm sure you can appreciate the curiosity
- of not just Members of Congress but anyone wanting to knoulwhy something
- could not be done when Jim Comey was the Director, but yet the pathway
- COMMITTEE SENSITIVE
- ############################
- 30
- COMMITTEE SENSITIVE
- might be easier' with Andy McCabe?
- Ms. Page. Right. So it's not that it could not be done. So the
- next -- let me look at it more closely. where was it, Amy?
- Mr. Gowdy. I think it says: Waiting on.
- Ms. Page. 0h, here it is. So it's not -- and this is a very
- importantdistinction. It'snotthatitcouldnothavebeendone. The
- "waiting on" -- again, you have to understand that this is a -- was
- a -- this case had been a topic of discussion for, some time. The
- "waiting on" was an Indecision and a cautiousness on the part of the
- Bureau with respect to what to do, whether there was sufficient
- predication to open.
- Mr. Gowdy. why would Andy be less cautious than Comey?
- Ms. Page. Sir, all I can tell you is that the occupant of the
- seat was irrelevant. I'm sorry.
- Mr. Gowdy. Well, I got your' answer', but just help me square it
- with the text: And we need to open the case we've been waiting on
- now while Andy is acting.
- Was that a fear, that someone other than McCabe would eventually
- be put into that slot?
- Ms. Page. I'm sorry, sir. May I consult with counsel again?
- [Discussion off the record.]
- Ms. Page. Sin, I'm sorry. I've been instructed by FBI counsel
- that I cannot answer, that question at this time.
- Mr. Gowdy. Well, that leads at least some of us to conclude that
- it may have been an obstruction of justice case. And the fact that
- COMMITTEE SENSITIVE
- ############################
- 31
- COMMITTEE SENSITIVE
- Comey was actually fined would have, in some people's judgment, added
- to the salience of an obstruction of justice case. Can you say whether
- or not that's what it was?
- Ms. Page. That's a reasonable inference, sir, but I cannot, sort
- of, confirm that that's what we are referring to.
- Mr. Gowdy. Was there an active obstruction case going on at the
- time Comey was fired?
- Ms. Page. I think that goes to the particular investigative
- interest that we had in the Russian collusion case starting at the end
- of July through this time period, and I can't answer' that question at
- this time, sir.
- Mr. Gowdy. I think Comey was actually fined on that day.
- Ms. Page. He was fired on May 9th. But whether, this
- text -- again, Just given the UTC and the way these aretranslated,
- this is either, the 9th or the 16th, would be my guess. But it was -- he
- was fired at night on the 9th, so --
- Mr.§gwgy; Sothefir'ingof3imComeywasthepr'ecipitatingevent
- as opposed to the occupant of the Director's office?
- Ms. Page. Yes, that's correct.
- Mr. Gowdy. Well, other than obstruction, what could it have
- been?
- Ms. Page. I can't answer' that, sir. I'm sorry.
- Mr. Gowdy. Is there anything other, than obstruction that it
- could have been?
- Ms. P_age_, I can't answer.
- COMMITTEE SENSITIVE
- ############################
- 32
- COMMITTEE SENSITIVE
- Mr. Gowdy. Was it a bank fraud case?
- Ms. Page. I really, actually, honestly, can't answer'.
- Mr. Gowdy. Well, on down, I think I see a text, "We need to lock
- in," and it's been redacted, "in a formal, chargeable way soon." You
- see that?
- Ms. Page. I do, sir.
- Mr. Gowdy. Who's the "we"?
- Ms. Page. "We" is the FBI.
- Mr. Gowdy. Now, does the Bureau consult with the Department or
- U.S. Attorney's Offices before it locks in charges?
- Ms. Page. Yes, but that's not what this text says.
- Mr. Gowdy. Well, no.
- Ms. Page. 0h.
- Mr. Go_wdy, We're going to get to that in a second.
- Ms. Page. Okay.
- Mr. Gowdy. "We need to lock in,' redacted, "in a formal,
- chargeable, way." Do you consult with the Department or
- U.S. Attorney's Offices before you change someone, other thanthose
- who commit a crime in your' presence?
- Ms. Page. We cannot change someone. We require assistance by
- an AUSA or the Department in order, to bring charges.
- Mr. Gowdy. All night. And this is before Special Counsel
- Mueller' was appointed?
- Ms. Page. Correct.
- Mr. Gowdy. what U.S. Attorney's Office or division of the
- COMMITTEE SENSITIVE
- ############################
- 33
- COMMITTEE SENSITIVE
- Department were you working with on this case?
- Ms. Page. The counterintelligence section. I believe the
- Eastern District of Virginia was also involved, but I'm really not
- certain. I'm pretty sure at this point they were, but I can't be
- 106 percent positive.
- Mr. Gowdy. What's "a formal, chargeable way" as opposed to an
- informal, chargeable way?
- Ms. Page. So I don't -- I don't -- that's not the turn of phrase
- that I read. what this is suggesting -- I don't actually know who we're
- talking about, to be honest with you, so I'm speculating a little bit
- because I don't remember what this text was about. But my suspicion
- is, we have either, been interviewing some witness or have been getting
- kind of closer, to some tar'get, either, we've already had interviews or
- we haven't. I just don't remember who we're talking about.
- And so we ace -- to me, we need to lock in so-and-so means like:
- Okay, we need to get them probably under, oath like in a grand jury or,
- you know, with the 1061 admonition in advance of the interviews so that
- we have a chance to charge a false statement to the extent a false
- statement is made during the course of the interview.
- And so what "a formal, changeable way" means is -- and, again,
- I don't know who we're talking about, but rather than just have an FBI
- interview, which is maybe not with a -- not with the mindsettoward
- wanting to be able to charge based on the interview, that whatthis
- is suggesting is, like, we need to start thinking about locking in
- whomever, in a way that might be able to suppor't charges.
- COMMITTEE SENSITIVE
- ############################
- 34
- COMMITTEE SENSITIVE
- Mr. Gowdy. Now, that portion of the text, is it from you or from
- Special Agent Strzok?
- Ms. Page. I have no idea. I never know who this is.
- Mr. Gowdy. I think it may be from you, but I stand to be
- corrected.
- Ms. Page. I don't have any basis to challenge you, but honestly,
- they change each set of text and everything, so I'm really not certain.
- Let's see.
- Mr. Gowdy. It begins, "We need to lock in."
- Ms. Page. Yeah. Yeah. Yeah, it looks like it's me, yes.
- Mr. Gowdy. All right. What would the purpose of that redaction
- be?
- Ms. Page. Well, I didn't make it, so I don't know. My guess is
- that that represents an individual who is either a subject of the Russia
- investigation or' otherwise a witness or something, and so, therefore,
- it's being redacted, but I don't know.
- Mr. Gowdy. If you're talking about locking in someone's
- testimony, I guess what I'm trying to understand is, I could seeif
- you said in a formal way, a formal setting, interview, grand jury. It's
- the word "chargeable" that I'm struggling with.
- Ms. Page. So my suspicion, again -- and I don't know because I
- don't remember who we're talking about, but my suspicion is thatwe
- have somebody who we think is lying. Again, I'm just guessing. And
- so, to the extent we want to be able to charge them for lying, we need
- to lock them in in a formal way, in a way in which we will be able to
- COMMITTEE SENSITIVE
- ############################
- 35
- COMMITTEE SENSITIVE
- support those changes, But I am just speculating because I do not
- remember who we're talking about.
- Mr. Gowdy. Is that response connected to his text, "And we need
- to open the case we've been waiting on"?
- Ms. Page. No. No, it is not. That I am confident in.
- Mr. Gowdy. How are you confident in that?
- Ms. Page. Because -- I'm sorry. I don't know how to answer' the
- question without going more into the content of the prior' text, sir.
- Mr. Gowdy. All right. I'm sure I'll have colleagues that will
- come backto that. I want to go to August 15, 2016. It's a text from
- Special Agent Peter, Strzok to you., It begins, "I want to believe."
- Ms. Page. August, I am sorry, lg?
- Mr. Gowdy. I have it down as August 15.
- Ms. Page. I'm sorry. I'm just not hearing you. Sorry.
- Mr. Gowdy. "I want to believe" is how it begins.
- Ms. Page. Yep.
- Mr. Gowdy. I want to believe the path you threw out in Andy's
- office, dash, that there is no way he gets elected, dash, but I'm afraid
- we can't take that risk. It's like an insurance policy in the unlikely
- event you die before you're M.
- And that was Agent Strzok to you. Is that night?
- Ms. Page. That's correct.
- Mr. Gowdy. All right: I want to believe the path you threw out
- in Andy's office.
- Did you understand the "you" to be you, Lisa Page?
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 36
- Ms. Page. I'm sure that it is.
- Mr. Gowdy. And Andy would be whom?
- Ms. Page. Andy McCabe.
- Mr. Gowdy. Is there any chance he could be any other Andy?
- Ms. Page. No, I don't think so.
- Mr. Gowdy. How long did this conversation last?
- Ms. Page. I have no idea.
- Mr. Gowdy. Do you recall anyone else being present?
- Ms. Page. I imagine that there were. Typically a
- meeting -- Andy and I would have certainly had meetings individually,
- but because FBI is as hierarchical as it is, the way -- it would have
- been unusual for, Pete, who at this point was probably still a section
- chief, to have been in a meeting without at least his superior, his
- boss, or even his boss' boss. That's Just how we operate. Wetend to
- bring the whole chain of command.
- Mr. Gowdy. What do you make of the dash?
- I want to believe the path you threw out in Andy's office, dash,
- that there is no way he gets elected.
- What does that clause "that there is no way he gets elected"
- modify?
- Ms. Page. So I'll be honest: I don't remember -- and this
- was -- I don't remember precisely this event or this meeting. And,
- in fact, I went back, and some time ago looked at a calendar, and there
- was nothing on the calendar' that there was sort of a formal meeting.
- But I know sort of the sentiment that this text is meant to reflect,
- COMMITTEE SENSITIVE
- ############################
- 37
- COMMITTEE SENSITIVE
- if I can explain that.
- Mr. Gowdy. Sure. I just want you to keep in mind we are 15 days
- into a then-nascent counter'inte1ligence investigation.
- Ms. Page. Yes. Yes, I understand that.
- Mr. Gowdy. If that helps put it in context.
- Ms. Page. It definitely does. So, upon the opening of the
- crossfire hurricane investigation, we had a number of discussions up
- through and including the Director regularly in which we were trying
- to find an answer' to the question, right, which is, is there someone
- associated with the campaign who is working with the Russians in order
- to obtain damaging information about Hillary Clinton. And given that
- it is August, we were very aware of the speed and the sensitivity that
- we needed to operate under.
- And so we had sort of quite regular conversations about trying
- to balance getting the answer' as quickly as possible, right, because
- if the answer is this is a guy just being puffery at a meetingwith
- other, people, great, then we don't need to worry about this, and we
- can all move on with our lives; if this is, in fact, the Russians have
- coopted an individual with, you know, maybe wittingly or' unwittingly,
- that's incredibly grave, and we need to know that as quickly as
- possible. _
- And so what this text reflects is our sort of continuing check-in
- almost with respect to how quickly to operate, what types of tools to
- use, trying to be as quiet as possible about it because we knew so little
- about what -- whether this was true or not true or what was going to
- COMMITTEE SENSITIVE
- ############################
- 38
- COMMITTEE SENSITIVE
- come, because this is, as you said, so nascent in the investigation,
- and then ultimately trying to balance that against my view, inthis
- case, which was we don't need to go at a total breakneck speed because
- so long as he doesn't become President, there isn't the samethreat
- to national security, right.
- So, by which, I mean if he is not elected, then, to the extent
- that the Russians were colluding with members of his team, we're still
- going to investigate that even without him being President, because
- any time the Russians do anything with a U.S. person, we care, and it's
- very serious to us. But if he becomes President, that totally changes
- the game because now he is the President of the United States. He's
- going to immediately start receiving classified briefings. He's going
- to be exposed to the most sensitive secrets imaginable. And if there
- is somebody on his team who wittingly or unwittingly is working with
- the Russians, that is super' serious.
- And so what this reflects is my saying, he's not going to be
- elected. So let's not burn -- I think this, in particular, was whether,
- we use certain investigative methods which might be -- sorry. I'm
- trying to balance the instruction that I've given with respect to
- investigative step and -- but wanting to be forthcoming.
- Mr. Gowdy. I think we know what you're getting at.
- Ms. Page. Okay. Okay. So -- so, anyway, so this reflects:
- Let's be reasonable; let's not, you know, throw the kitchen sinkat
- this because he's probably not going to be elected, and so then we don't
- have quite as horrific a national security threat than if we do if he
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 39
- gets elected.
- Mr. Gowdy. All right. I want you to hold that thought for, a
- second.
- Ms. Page. Okay.
- Mr. Gowdy. The counter‘intelligence investigation was initiated
- on July 31.
- Ms. Page. That's correct.
- Mr. Gowdy. How many witness interviews were done between July 31
- and August the 15th?
- Ms. Page. I don't know that answer'. I do know -- I mean, I'm
- allowed to say this now, night?
- Ms. Bessee. Yes.
- Ms. Page. Okay. Sorry. I know that there - I'm aware
- of " certainly between --
- Mr. Gowdy. I'm aware of - Are you aware of -
- Ms. Page. I'm aware of - sip.
- Mr. Gowdy.. when is the -
- Ms. Page. I'm not allowed --
- Mr. Go_wdy_. what was the date?
- Ms. Page. I'm not permitted to say, sin.
- Mr. Gowdy. Was it -
- Ms. Page. No, it was not. - but before -- I don't
- remember now, but - yes.
- Oh, I don't know the date, sip. I'm sorry.
- Mr. Gowdy. Chairman Goodlatte wanted to know why you can't
- COMMITTEE SENSITIVE
- ############################
- 40
- COMMITTEE SENSITIVE
- provide us with the date of that interview?
- Ms. Page. I don't recall the precise date. I just -- my
- recollection is that there is -
- - I lust don't know the date.
- Mr. Go-wth., Was the interview done -
- Ms. Lage, Yes.
- Mr. Gowdy. Are you aware of -
- Ms. P_age_'- Well. almost -
- . so --
- Mr. Gowdy. with respect to the origination of this case, ace you
- aware of -
- Ms. Page. No. No.
- Mr. Gowdy. So we're referring to - It's Just
- a question of whether _->
- Ms. Page. My --
- Mr. Gowdy. Let me ask you this: Was it -- is the
- -
- Ms. Page. e. —
- - I do not know if it --
- -. I Just don't know. There are --
- Mr. Gowdy. Is it a -
- -
- Ms. Bessee. I think we need to -- may we confer with our' client,
- Mr'. Chairman?
- Mr. Gowdy. Sure.
- COMMITTEE SENSITIVE
- ############################
- 41
- COMMITTEE SENSITIVE
- [Discussion off the record.]
- Ms. Page. Sir, I've been advised by FBI counsel that becausethat
- starts to get into -
- that question, sin.
- Mr. Gowdy. Did the interview take place in the United States or
- somewhere else?
- Ms. Page. I can't answer' that, sip.
- Mr. Gowdy. why is where the interview took place protected?
- Ms. Page. My guess is because -lll-Ill
- -
- Mr. Gowdy. Well, right now, we're within the United States and
- outside of the United States. Those are two pretty big categories.
- Ms. Bessee. Mr. Chairman, I would instruct the -- I'm going to
- instruct her not to answer' because it goes into sort of what's under,
- the purview of the special counsel in terms of whether it's gathering,
- looking at the evidence they looked at, whether, it's gathering
- evidence, whether it's talking to sources. That all goes into what
- investigative methods that the special counsel is looking at, so I will
- instruct her, not to r'espond.
- Mr. Gowdy. Well, I've tried to be really careful not to go into
- the substance of these interviews. I'm trying to establish a
- chronology. We have a conversation about an insurance policy on
- August 15, and Ms. Page has walked us through the analysis that there
- was a weighing and balancing of whether, or not President Trump was
- likely to win. And I would like to engage in a weighing and balancing
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 42
- of whether, or' not he was likely going to be inculpated in their,
- investigation. So I don't know how I can do that without having some
- conversation about what information existed.
- Ms. Bessee. And --
- Mr. Gowdy. I mean, I didn't authonthis text. It's not mine.
- And if you're discussing -- and hen answer" clearly discussed
- whether, -- his prospects for, a successful campaign and whether, OP not
- he would be elected President. I think it's faip to discuss the
- prospects of a successful investigation.
- Ms. Bessee. And while I understand what you're looking to get
- at, NP. Chairman, it also still goes into what the special counsel -- in
- terms of what the special counsel is looking at in their' investigation.
- They look at the evidence gathered, how evidence is gathered. All of
- that still impacts the special counsel --
- Mr. Gowdy. How does the location of an interview impact Special
- Counsel Mueller's ability to investigate a matter?
- Ms. Bessee. That -- I am responding in a way based on the
- guidance we received from the special counsel. There -- equities are
- involved here. So that would be something that you would have to
- discuss further. But based on the guidance we've been given by the
- special counsel, that would impact their, investigation itself.
- Mr. Gowdy. All night. I'm sure I'll have colleagues whowill
- want to follow up on that. I think I'm about out of --
- Mr. papmitep. Can we just note for the record that the objection
- to these questions is contrary to what we understand to be House of
- COMMITTEE SENSITIVE
- ############################
- 43
- COMMITTEE SENSITIVE
- Representatives policy. So we would, you know, take issue with you
- not answering those questions, Just to note for' the record at this
- point. I'm sure we're going to pun into this again.
- Mr. Gowdy. I want the record --
- bln. Jeffress. What policy are you noting?
- Mr. Parmiter. I'm speaking of discussions that have been held
- at the highest levels of this body over" the last couple of days. I
- know we don't recognize, you know, testimonial privileges. You know,
- we're not asking questions that ace substantive in nature that pertain
- to the ongoing investigation. As Chairman Gowdy just pointed out,
- we're asking about locations of interviews. ble'pe asking about dates.
- We're asking about things like that. We're not asking substantive
- questions.
- Mr. Gowdy. Just so the record is clear -- although it usually
- is, and you don't usually have to say "for the record," so I won't -- if
- witness Page's answer' includes an analysis of the likelihood of a
- successful campaign, it is not unreasonable to also ask whether, or' not
- it was a factoring in of the likelihood of a successful investigation.
- Ms. Page. Sin, my -- I'm sorry.
- Mr. Gowdy. Pardon me?
- Ms. Page.. I was just going to clarify, if maybe it would help,
- my answer' does not -- would not speak to an analysis with respect
- to -- the question, was it in the United States, or' was it -
- doesn't speak to an analysis with the respect to the success or' not
- of the Presidential campaign. I don't know if that helps at all, but --
- COMMITTEE SENSITIVE
- ############################
- 44
- COMMITTEE SENSITIVE
- Mr. Gowdy. No. what I was getting at is when we were going over'
- the text of this insurance policy, I thought there was a debate as to
- whether or not he was likely to get elected.
- Ms. Page. Well, the only reason that debate is relevant is
- because we, the team, again, like sort of through Director Comey, were
- trying to decide how aggressive or not aggressive, or do we burn sources
- or not burn sources or do we use X tools or Y tools, and all of that
- was based on the likelihood -- not based on the likelihood of success
- but was being weighed against the likelihood of success.
- As I sort of explained, if he is not going to be President, then
- we don't need to burn longstanding sources and risk sort of the loss
- of future investigative outlets, not in this case, but in other
- Russia-related matters, in other --
- Mr. Gowdy. I am with you. I followed that answer'. But I am
- equally sure you can follow the analysis that if there is a paucity
- of evidence, that that also would influence your" willingness to burn
- sources and use investigative techniques that are likely to be detected
- by people who are not our' friends.
- Ms. Page. I totally agree. But by this point, at, you know, the
- 15th, there -- it is at the -- literally the very beginning. So there
- is, in fact, a paucity of evidence because we are just starting down
- the path to figure out whether, the predication is true or not true,
- and who might ultimately be somebody who, if true, would have been in
- a position to receive the information.
- And so my only, sort of based on counsel's advice, hesitation to
- COMMITTEE SENSITIVE
- ############################
- 45
- COMMITTEE SENSITIVE
- answer' the "where was it" question is that the answer' would call
- for -- the answer' would -- has the potential to reveal a substantive
- investigative equity.
- Mr. Gowdy. Which I don't want to do. And I appreciate the fact
- that if you're talking about one witness, some could consider, that to
- be a paucity of evidence on the 15th, which necessarily meansthere
- would be a paucity of evidence also on August the 9th.
- And I'm looking at a text that you sent to Special Agent Strzok:
- Trump's not ever' going to become President, right? Right?
- And then the agent who originated this counterintelligence
- investigation who is a point of contact, who drafted the initiating
- document responding: No, no, he's not. We'll stop it.
- Ms. Page. Right. Hell, so, that's a different sort of context,
- which I'm happy to explain. The one thing I'll note, I just think it
- might maybe alleviate some concern, the reason that Pete opened it is
- that it was a Sunday. So the reason he's both the originator and like
- the approver is because it was a Sunday, and so there's nobody around.
- Mr. Gowdy. July 3lst was a Sunday; you ace correct.
- Ms. Page. And so he went in because we were like, holy cow, this
- is a big deal, and we're all very stressed about this. And so I think
- we learned about the case on a Friday orVThursday or Friday. I can't
- remember now. I can do the math, but -- I'm a lawyer.
- Mr. Gowdy. 28th.
- Ms. Page. Thanks.
- Mr. Gowdy. You learned about it on the 28th.
- COMMITTEE SENSITIVE
- ############################
- 46
- COMMITTEE SENSITIVE
- Ms. Page. Right. Thank you.
- And so, for what it's worth, there was just nobody else around,
- so -- but -- did you want me to speak to the other, text?
- Mr. Gowdy. Yeah. I mean, I think you understand what our'
- concern is.
- Ms. Page. I do.
- Mr. Gowdy. I do understand weighing and balancing what
- investigative tools to use. That requires, in your' judgment, an
- analysis of whether or not the candidate's likely to succeed. In my
- judgment,italsorequires --thepetgassomeconversationabtoutwhether,
- or not he was going to prevail.
- Ms. Page. Idefinitelyagreewithyou,Chairman,butIdon'twant
- to leave the impression that that was sort of the factor. Thisis,
- again, just one single snapshot, one meeting of which we ahehaving
- almost daily meetings, given the sort of seriousness of thethreat.
- And so it's not accurate to say that the determining factor on what
- we did was whether' or not Donald Trump is going to become President.
- You asked me what's the context for, this text. That's the context for
- that particular text, but that's not the determining factor.
- Mr. Gowdy. I did not mean to suggest --
- Ms. Page. Okay.
- Mr. Gowdy. -- that that was the singular' factor that you were
- using. But by the same token, nor would you singularly rely on a CHS
- in a prosecution or investigation.
- Ms. Page. No.
- COMMITTEE SENSITIVE
- ############################
- 47
- COMMITTEE SENSITIVE
- Mr. Gowdy. —
- - So there's a paucity of evidence and there's
- a paucity in some people's minds of a successful campaign. And I'm
- looking at texts about insurance policies and stopping a Presidency.
- Ms. Page. Right. So let me start with the first thing you said
- first. Which is the -- it's true you would -- it's very unlikely that
- you would -
- COMMITTEE SENSITIVE
- ############################
- 48
- COMMITTEE SENSITIVE
- [2:44 p.m.]
- Ms. Page. It's more than sufficient to open an FBI
- investigation, because, of course, all you need, particularly to open
- a preliminary investigation -- although, I think this was openedas
- a full -- is an allegation, essentially.
- So any kind of -- and I don't remember the exact standard, maybe
- one of my FBI friends can remind me -- but for a full you need an
- articulable -- oh, my God, I've been gone 2 months and I forget.
- Anyway, sorry, I digress, my apologies.
- Regardless, at a week's time it is entirely common, particularly
- inacounterinte11igenceinvestigation,thatyouwouldon1yhave --you
- would have a small amount of evidence, certainly -- but opening an
- investigation based on —
- Mr. Gowdy. We're out of time.
- [Recess.]
- Ms. Jackson Lee. We're back on the record.
- Ms. Kim; We're back on the record. The time is 2:55.
- Ms. Page, thank you for being here. My name is Janet Kim. I'm
- a counsel for, Ranking Member, Elijah Cummings for, the House Oversight
- Committee.
- Our members have some questions for, you, and then we'll progress
- to questioning by the staff.
- Ms. Page. Sure thing.
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 49
- Ms. Jackson Lee. Thank you. And my only haste is because I have
- to catch a plane that does not wait.
- Ms. Page. No problem.
- Ms. Jackson Lee. And let me thank the staff very much, and
- Mr. Raskin, who will proceed afterwards.
- Ms. Page, you watched, by any chance, the hear'ings yesterday that
- were televised --
- Ms. Page. I did.
- Ms. Jackson Lee. -- with Mr. Strzok?
- Did you have anything that you disagr'eed with him on?
- Ms. Page. Oh, gosh. I mean, that was a long hearing. So, no,
- not off the top of my head, no.
- Ms. Jackson Lee. what is your" thought about the representation
- of political bias that impacted the prioritization between the Clinton
- and the Russian investigation?
- Ms. Page. So bias had nothing to do at all with respect to
- prioritization. If by what you mean is in October, so the Weiner laptop
- versus -- I mean, as I tried to describe with the majority interview,
- ma'am, there is simply no greater threat than what the Russians pose
- to the United States.
- They are -- they have as an objective, as you well know, the sort
- of dismantling of the Western alliance and dilution of democratic
- ideals.
- And so the notion that a Russian was offering assistance to a
- Presidential campaign was incredibly grave to all of us. And withall
- COMMITTEE SENSITIVE
- ############################
- 50
- COMMITTEE SENSITIVE
- due respect to the Clinton investigation, the possible mishandling of
- classified evidence 3 year's prior, for which we had yet to see any
- evidence, and for which we didn't necessarily expect that, even with
- the sort of revelation of the Weiner laptop, there were certain things
- that ultimately made us interested.
- But if you were weighing resources with respect to which poses
- a graver threat to national security, which is more, frankly,
- important, there is no doubt -- at least in mine or anybody else's mind
- that I know -- that the Russia investigation posed an incredible threat
- to national security, and whether we got into the Weiner laptop simply
- did not.
- Ms. Jackson Lee. I'm sort of going to weave back and forth in
- a numbers of different questions.
- Did you know Mr. Baker'?
- Ms. Page. Jim Bakers?
- Ms. Jackson Lee. Yes.
- Ms. Page. Yes, I do.
- Ms. Jackson Lee. Was he the source of the salacious dossier?
- Ms. Page. The source? No, ma'am.
- Ms. Jackson Lee. You can affirmatively say that he was not?
- Ms. Page. Yes, I can.
- Ms. Jackson Lee. You know that there's been r'epr'esentationby
- Republicans that he was?
- Ms. Page. No, I did not.
- Ms. Jackson Lee. And so you're saying that he was not?
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE] 51
- Ms. Page. He was not, no.
- Ms. Jackson Lee. You advised Mr. Comey during the presentation
- of his first statement about Mrs. Clinton?
- Ms. Page. I was one of the members in the room, yeah, who
- discussed it with him, yes, ma'am.
- Ms. Jackson Lee. Are you aware about the change in language
- to -- from gross to --
- Ms. Page. Gross negligence to extremely careless?
- Ms. Jackson Lee. Yes.
- Ms. Page. I am, ma'am.
- Ms. Jackson Lee. And what was the purpose of that?
- Ms. Page. So that came relatively soon after' he provided his
- original draft to the team to review. So this is, I suspect, sometime
- in May.
- It was ultimately the conclusion of some very experienced
- counterintelligence lawyers, also in consultation with the Justice
- Department, that -- well, let me take a step back.
- It was our understanding that we did not -- we neither had
- sufficient evidence to change gross negligence, nor' had it ever' been
- done, because the Department viewed it as constitutionally vague. And
- so when we saw the term gross negligence in the Director's --
- Ms. Jackson Lee. Statement.
- Ms. Page. -- early draft, we were concerned that that would be
- confusing to leave it in there, because it was our understanding that
- wedidnothavesufficientevidencenorthesortofconstitutionalbasis
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 52
- to charge gross negligence.
- And so what we actually did, we didn't actually change gross
- negligence to extremely careless, we removed the gross negligence
- language. Extremely car'eless. had already appeared in that draft, and
- we moved that draft up earlier in the -- I'm sorry, moved that paragraph
- up earlier in the draft.
- And so it looks like it was essentially a substitution, but,
- really, it was just an omission of the word gross negligence because
- we thought it would be confusing, because it has an actual legal term.
- Ms.JacksonLee. Youhadbothtwofunctioningattorneygenerals,
- Loretta Lynch and Deputy Attorney General Sally Yates. As counsel,
- why would you allow Mr. Comey, a police officer, to make that
- presentation? Did you not -- what did you counsel him?
- Ms. Page. Honestly, we all felt that we were more credible than
- the Justice Department to close this investigation out. And so it was
- in genuinely good faith. And I honestly did not anticipate the
- criticism, although I understand the criticism as I sit her'etoday.
- Ms. Jackson Lee. Well, do you regret not counseling otherwise?
- Ms. Page. I'm not sure, ma'am. ble all in very good faith thought
- that the integrity of the FBI and the independence by which we operate
- would give greater' confidence to the American people that this
- investigation was done fairly, because it was, and it was an amazing
- team, and they worked incredibly hard.
- And the closer, we got to sort of the intense political process,
- the less crediblewe felt-we, the whole team, r'ea11y-fe1t that the
- COMMITTEE SENSITIVE
- ############################
- 53
- COMMITTEE SENSITIVE
- Justice Department, being led by Democrats, would be toessentially
- absolve the Democratic candidate.
- And so the intent was really quite earnest and genuine. And so,
- while I appreciate the criticism, I really don't -- I don't know what
- I would do again. I mean --
- Ms. Jackson Lee. Let me Just give you this final question and
- then I'm going to go into another, series of questions.
- You're talking about two seasoned prosecutors, Ms. Lynch, Ms.
- Yates, could have even written their, statement.
- Ms. Page. It's not at all about their' capability. They are both
- absolutely enormously capable. It's really about perception.
- And so I think that the Director's view -- and again, I'm speaking
- for, him, so it is an awkward position to be in because he's a pretty
- good speaker' -- but the perception I think was that, look, she is -- she
- was so -- she is so loathed, she is a very polarizing figure, Secretary
- Clinton, and so we all knew it was 109 per'cent consistent and universal
- that she was -- there was not a prosecutable case.
- And we, the FBI, thought that that message was more credible
- coming from the FBI, who is independent and is not a political sort
- of body, in the same way that the Justice Depar'tment is being headed
- by political appointees who have closer relationships with the white
- House.
- Ms. Jackson Lee. Well, I think you have determined that that
- didn't work.
- Ms. Page. It has not been fun, ma'am.
- COMMITTEE SENSITIVE
- ############################
- 54
- COMMITTEE SENSITIVE
- Ms. Jackson Lee. The perception of the FBI is lawenforcement
- inside the Justice Department, and the Director' ls not a Cabinet
- appointee. And so they are not considered equal to a Cabinet
- appointee.
- Ms. Page. Agreed.
- Ms. Jackson Lee. And in essence it is like a mayor' and a chief
- of police in a higher' level.
- So what was intended for' good did not turn out well. And so I
- was just wondering whether there was consultation to sort of vet what
- would have been the best approach.
- Ms. Page. Yes, there was.
- Ms. Jackson Lee. Would it not -- and I'll make this is the last
- one -- could you not per'ceive the Attorney General and the FBI Director
- standing together, Attorney General making the first announcement and
- the FBI Director then making a followup?
- Ms.P_age, blecer'tain1ycould,anditwasamongtheuardousthings
- that we discussed.
- With all due earnestness, I don't honestly have the sense that
- the Attorney General was ultimately disappointed, because it really
- did let the Justice Department off the hook.
- Everybody talks about this as if this was the FBI investigation,
- and the truth of the matter' is there was not a single step, other, than
- the July 5th statement, there was not a single investigative step that
- we did not do in consultation with or at the direction of the Justice
- Department.
- COMMITTEE SENSITIVE
- ############################
- 55
- COMMITTEE SENSITIVE
- And so the reality is this has turned Into the FBI investigation
- of Secretary Clinton, but it was, in fact, a joint investigation, as
- most ape.
- And so I certainly agree that the intent backfired, but it is my
- firm belief that it was done in good faith.
- Ms. Jackson Lee. Let me quickly go to these questions.
- Ape FBI agents allowed to have personal political affiliations?
- Ms. Page. Yes, they ape.
- Ms. Jackson Lee. When the FBI staffs a politically sensitive
- investigation -- for example, a public corruption case -- does the FBI
- consider, the personal political persuasion of its agents in making
- those staffing decisions?
- Ms. Page. Absolutely not. That would be highly inappropriate.
- Ms. Jackson Lee. when the FBI puts together a team of
- investigators is the consideration ever', "I need a couple of
- Republicans or a couple of Democrats"?
- Ms. Page. No, ma'am.
- Ms. Jackson Lee. Does the FBI ask about the political
- affiliations of its own agents as they ace employed or as they are
- promoted to another position?
- Ms. Page. That's illegal and impermissible, ma'am.
- Ms. Jackson Lee. In fact, it is explicitly forbidden for, the FBI
- to ask about political affiliations when staffing investigations,
- correct?
- Ms. Page. Correct.
- COMMITTEE SENSITIVE
- ############################
- 56
- COMMITTEE SENSITIVE
- Ms. Jackson Lee. How do FBI agents know not to let political bias
- interfere with their political work?
- Ms. Page. Because it is our' identity. It literally pervades
- everything we do. It is not -- and I appreciate that this maybe Just
- is -- feels weird, because you are political people and sort of this
- is your' identity, but both at the Justice Department, where I started
- my career, and at the FBI, where I ended my public service for now,
- duty and institutional value is paramount. That is what we all think
- about. And that is our' -- what you feel personally or politically is
- irrelevant.
- And if I might say one more thing. Many of us in law enforcement
- really dislike the subject of our investigations, right. We are not
- keen on pedophiles and fraudsters and spies and human traffickers. We,
- in fact, detest many of them.
- And if you were to pull the text messages of agents investigating,
- you know, people who are engaged in child exploitation or human
- trafficking, I'm quite certain you would find quite harshlanguage.
- And that is fine.
- What would be impermissible is to take that harsh language and
- to act in some way that was illegal or against the rules. And we don't
- do it. And if somebody did do it, they'd.be crushed.
- Ms. Jackson Lee. So the inspector' general's report, which
- indicates although they were uncomfortable with the various
- engagements and texts, but their summary dealt with their lack of being
- able to discern bias, you are wholeheartedly saying that you were both
- COMMITTEE SENSITIVE
- ############################
- 57
- COMMITTEE SENSITIVE
- investigating the Clinton investigation, and if the Russian
- investigation had proceeded in full force, it was going on, that you
- could have likewise -- two different people were impacted by it -- you
- could have likewise been unbiased.
- Ms. Page. Absolutely ma'am. And I would note --
- Ms. Jackson Lee. Continuously unbiased?
- Ms. Page. Unquestionably. I would note, too, in the inspector
- general r'eport, that it specifically highlighted in multiple places
- that Pete and I, in particular, were consistently the most -- advocating
- most aggressively to take the most aggressive steps with respectto
- certain investigative steps with respect to Secretary Clinton.
- Ms. Jackson Lee. In your' time at the FBI and Justice Department,
- have you seen evidence of anybody applying political bias in the
- investigation of any subject matter'?
- Ms. Page. I have.
- Ms. Jackson Lee. And in what instance?
- Ms. Page. I'm aware of senior, executives telling people on the
- Clinton team who are anti-Clinton that they had to get her, that they
- were counting on us to get her.
- Ms. Jeffress. Can you clarify whether it was the senior
- investigator --
- Ms. Page. I'm sorry.
- Ms.Jeffress. Theseniorexecutiveswhowereanti-Clintonorthe
- people they were talking to.
- Ms. Page. No, no.
- COMMITTEE SENSITIVE
- ############################
- 58
- COMMITTEE SENSITIVE
- So I am aware of senior' FBI officials talking to subordinate FBI
- officials on the Hillary Clinton investigative team who unquestionably
- had anti-Hillary sentiment, but who also said: You have to get her
- or -- again, I don't have an exact quote -- but like we're counting
- on you, you know.
- Ms. Jackson Lee. How would you respond to that? How would an
- investigator respond to that? That's their, superior.
- Ms. Page. My guess is they just probably parried and said: Just
- follow the facts, ma'am/sir. It's a challenging place to be put in,
- I would say.
- Ms. Kim; I'm sorry, I just want to clarity.
- The people with the bias, were they the senior' executives or were
- they the people on the investigative team?
- Ms. Page. Sorry. They were the senior, executives.
- Ms. Jackson Lee. Okay. Do you have their, names?
- Ms. Page. I do.
- Ms. Jackson Lee. And what are they?
- Ms. Page. My understanding, and I was never' a personal witness
- to this, but this is what I've been told, was that at varioustimes
- Sandy Kable (ph), who was an early executive on the case, as well as
- Randy Coleman, who at one point was the AD of the Counterintelligence
- Division, had both made comments to that effect.
- Ms. Jackson Lee. Thank you.
- Let me move quickly to the Russian investigation. And thankyou
- very much for your' patience.
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 59
- And thank you, staff.
- I Just have some quick places that I wanted to finish at.
- Let me indicate that in a Wall Street Journal article -- and, of
- course, it has been many places, but that's what I'm holding night
- now -- these ace texts that might have been sent to you or were sent
- to you. And, of course, it's the F the cheating MF Russians -- he text
- in late July -- b-a-s-t-a-r-d-s, I hate them. That is from Peter,
- Strzok.
- Do you remember receiving that?
- Ms. Page. Vaguely, yes.
- Ms. Jackson Lee. What would you -- how would you explain that?
- Ms. Page. The Russians are quite possibly our most threatening,
- most hostile, most fierce, and successful foreign adversary. This is
- a government that assassinates Journalists and human rights activists
- and political dissidents and a government which has been humiliated
- by the success of America around the world, and whose singular objective
- is to weaken the Western alliance and to do so by cheating and stealing
- and lying and corruption, and to do so so as to regain pr'ominence on
- the world stage. And so I really hate the Russians.
- Ms. Jackson Lee. So a Further one that said: F'ing, conniving,
- cheating savages at statecrsaft, athletics, you name it. I'm gladI'm
- on Team USA. That captures --
- Ms. Page. That's it.
- Ms. Jackson Lee. And would that motivate any bias in the
- investigation of a par'ticular' issue dealing with the Russians?
- COMMITTEE SENSITIVE
- ############################
- 60
- COMMITTEE SENSITIVE
- Ms. Page. No. As I sort of said ear'lier', we dislike a lot of
- the folks that we look at. And so while saying that I'm biased against
- Russia would sort of be funny, the question is ultimately, do you follow
- the rules? Does your' feeling, does your' sort of personal sentiment,
- ultimately impact the activities and the actions that you take. That,
- to me, is what a bias is.
- Ms. Jackson Lee. I'm going to go quickly through these
- questions. Thank you.
- We now know the Russian investigation began before the election,
- in July of 2016, but no news of that investigation regarding President
- Trump's campaign leaked out to the press. Were you aware of this
- investigation before the election?
- Ms. Page. Yes, of course.
- Ms. Jackson Lee. Did you leak that there was such an
- investigation?
- Ms. Page. I did not.
- Ms.JacksonLee. Approximate1yhooanyFBrofficiia1swer'eauar'e
- of this investigation before the election?
- Ms. Page. Oh, gosh, employees, sort of writ large, that's a very
- hand thing to say, because I don't know really the size of the team.
- But 30, 40.
- Ms. Jackson Lee. And with those 30 or 49, did any leak come out
- before the election regarding the Russian investigation?
- Ms. Page. Not my knowledge.
- Ms. Jackson Lee. Would you attribute that to the rules of
- COMMITTEE SENSITIVE
- ############################
- 61
- COMMITTEE SENSITIVE
- protocol, but also the oath and the behavior of FBI agents?
- Ms. Page. Both of those things, ma'am, but also a sense of
- fairness, because we did not know what we had. And it would have been
- highly inappropriate to -- while we all had had and still have
- incredibly damning information which could have been released, even
- without having the full picture, right, bits and pieces without the
- full context could certainly have been damning, but that's not fair.
- And that's not how the FBI operates.
- Ms. Jackson Lee. Ape you aware of any FBI officials leaking
- information about this investigation before the election?
- Ms. Page. Not to my knowledge.
- Ms. Jackson Lee. Did you make any disclosures about this
- investigation to the press or" the public before election day?
- Ms. Page. No, ma'am.
- Ms. Jackson Lee. Why not?
- Ms. Page. For the reasons I just said. It's bothimpermissible
- and would be patently unfair.
- Ms. Jackson Lee. Thank you.
- How do you think a disclosure to the press or to the public would
- have impacted Donald Trump's electoral prospects?
- Ms. Page. That's not mine to speculate on, ma'am.
- Ms. Jackson Lee. Well, on the basis of the information,wou1d
- it have been damaging? Would have it have been major?
- Ms. Page. I would -- yes, I would suspect so.
- Ms. Jackson Lee. If someone at the FBI was trying to stop Donald
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 62
- Trump from being elected President, yourself or Mr. Strzok or others,
- do you think they could have publicly disclosed that his campaign was
- under, investigation for, potentially colluding with Russian Government
- actors?
- Ms. Page. That's what you would think.
- Ms. Jackson Lee. You're saying yes?
- Ms. Page. Yes, ma'am.
- Ms. Jackson Lee. But to your' knowledge, no one at the FBI did
- disclose this fact publicly, correct?
- Ms. Page. No, ma'am.
- Ms. Jackson Lee. Would you consider, this strong evidencethat
- there was not a deep state conspiracy at the FBI to stop Donald Trump
- from being selected -- elected?
- Ms. Page. Yes, ma'am. That and the fact that this is an
- extraordinary conservative organization. So the notion that there's
- a deep state conspiracy about anything is laughable.
- Ms. Jackson Lee. Okay. Let me give you two more. Any -- and
- stnongevidencethatyouperssona11ywer'enottryingtostopDonaldTr'ump
- from being elected President? You were not personally --
- Ms. Page. I'm sorry. I didn't understand the question.
- Ms. Jackson Lee. You were not personally trying to stop Donald
- Trump from being President?
- Ms. Page. Oh, no.
- Ms. Jackson Lee. Okay. So I would just match that with the
- actions of Director Comey in the fall of announcing that new operations
- COMMITTEE SENSITIVE
- ############################
- 63
- COMMITTEE SENSITIVE
- or new investigations for, Mrs. Clinton. Do you see how they're
- juxtaposed together? Would you -- could you make the same argument
- there with that statement of Mr. Corey?
- Ms. Page. I certainly understand that perception, you know. I
- happen to know Director Comey quite well. 'I have been in innumerable
- meetings with him over the course of my career. He's not apolitical
- person. There is absolutely not any doubt in my mind at all that his
- decision, whether you agree with it or' not, was not done for, political
- purposes, but was done because he felt that that was what he was
- obligated to do in light of his earlier statement closing the
- investigation so publicly.
- Ms. Jackson Lee. Okay. And finally, did you remember the
- Director Comey decision to disclose in March 2017 the existence of an
- investigation into the Trump campaign? Do you remember that?
- Ms. Page. Yes.
- Ms. Jackson Lee. And do you know what led him to do so?
- Ms. Page. I don't remember exactly. My recollection is that
- there were already -- there were lots of articles at this point about
- the Russian investigation, if I'm not mistaken. So it was
- increasingly -- there was sort of increasing attention in the news that
- there was a -- some sort of Russian collusion investigation going on.
- And I can't really remember -- if there was a precipitating
- factor, I don't remember what it was. But I do know that we obviously
- went to the Justice Department. Dana Boente, current FBI general
- counsel, was, of course, the acting DAG at the time, and the decision
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 64
- to do so was done in consultation with and with the permission of the
- Justice Department.
- Ms. Jackson Lee. I know that there will be further questions
- pursuing this. Thank you so very much for, your' questions.
- Ms. Page. You're welcome, ma'am.
- Ms. Jackson Lee. I yield. Thank you.
- Mr. Raskin. Ms. Page, when did you Join the FBI?
- Ms. Page. In 2012, September, or October'. I can't really
- remember right now.
- Mr. Raskin. Before that, you were working where?
- Ms. Page. I was a prosecutor at the Justice Department.
- Mr. Raskin. Got you.
- when did you became special counsel to the Andrew McCabe, the
- Deputy Director?
- Ms. Page. Well, I was his special counsel first when he was the
- executive assistant director over' the National Security Branch. So
- that would have been in approximately September of 2014.
- He then was promoted to be the assistant director in change of
- the Washington field office in -- about a year' later, September 2015.
- And so when he became ADIC, I went back to working more line-type cases.
- And then when he was promoted, he was promoted to
- associate -- associate Deputy Director? -- in, I think, August of '15.
- I have my dates wrong, I think. I'm sorry, I think I might be off by
- a -- yes, I'm sorry.
- He becomes EAD in about July of 2013. I joined his team in
- COMMITTEE SENSITIVE
- ############################
- 65
- COMMITTEE SENSITIVE
- September' of 2013. He becomes ADIC in September 2014. He becomes ADD
- September 2015. And then in February of 2016 he becomes the Deputy
- Director and he asks me to join his team as his special counsel.
- Mr. Raskin. when were you staffed to the Midyear' Exam
- investigation?
- Ms. Page. So immediately. The investigation had alreadybeen
- ongoing. It had been opened the prior July. Mr. McCabe did not have
- any supervisory author'ity over it until he became the Deputy Director.
- And so in February of 2016, when he became the Deputy Director,
- that's when I started getting substantively involved in the
- investigation.
- Mr. Raskin. And what was your" Pole?
- Ms. Page. So I am his sort of counsel. And so in all things,
- both on the Clinton investigation, but in other matters as well, I
- served as both a sounding board with respect to, you know, assisting
- in his decisionmaking.
- I think one of my more valuable contributions, or at least I hope,
- was sor't of ensuring that he had the most complete and accurate
- information before he made decisions.
- One unfortunate downside to the -- at least in my view -- the
- hierarchical nature of our organization is that it is -- the
- information flow, as it goes up the chain, is only as good as each of
- the links in that chain. And so it is sometimes the case, and also
- given the fact that our' EADs and our' ADs have such enormous jobs and
- they have such an extraordinary amount of responsibility, thatthey
- COMMITTEE SENSITIVE
- ############################
- 66
- COMMITTEE SENSITIVE
- can't possibly know everything they need to know.
- And so I made it my job to know as much as I possibly could about
- the things that were going -- that were coming to the deputy so that
- I could provide effective counsel.
- Mr. Raskin. Were there other, Office of General Counsel attorneys
- who reported directly to Director -- Deputy Director McCabe?
- Ms. Page. No, sin. Just the general counsel, Jim Baker.
- Mr'. Raskin. Got you.
- Ms. Page. But no other' line attorneys.
- Mr. Raskin. Got you.
- Okay. So I wanted to turn to the question of the fact that there
- were no leaks about the Trump-Russia investigation before the election.
- Were there special steps undertaken to make sure that nothing went
- out op was it just the general background?
- Ms. Page. No, I would say it's both. I mean, we all understood
- the extraordinary sensitivity of this case. And so we ace always
- careful, obviously.
- Mr. Raskin. Yeah.
- Ms. Page.. But we just were more careful. I don't -- I can't say
- that -- and perhaps there were, in fact, actual steps that were taken,
- although, as I sit here today, I can't think of any.
- Mr. Raskin. Yeah.
- Ms. Page. We Just made sur'e that people who did not have a need
- to know did not know what we were investigating.
- Mr. Raskin. So I'm just interested in how you reconciled, either,
- COMMITTEE SENSITIVE
- ############################
- 67
- COMMITTEE SENSITIVE
- you personally or the office, reconciled taking precautions tomake
- sure nothing leaked out about the Russia investigation with the posture
- that Director Comey had about the Clinton investigation.
- Specifically, the original statements where he went into great
- detail discussingthe case and what he viewed as hen moral, if not legal,
- culpability.
- Ms. Page. So I can't really speak to the latter, question with
- respect to sort of the depth of detail that he went into, but what I
- can say, I think they ace very different situations.
- Secretary Clinton, the fact that Secretary Clinton's
- investigation was well-known and very public. That wasn't our doing,
- but it was from -- for, quite some time it was known that she was under
- investigation.
- So the notion that you would not have said anything when the
- investigation was closed is foolhardy, because of course the fact that
- we were closing it without prosecution is something that I certainly
- think she would have wanted to have done and was necessary.
- As I said to Ms. Jackson Lee -- and I say this simply because I
- have personal knowledge of the discussions and the thinking behind
- making the statement -- it was genuinely done in an effort to ensure
- the American people that we had been independent and fair.
- And I do think that he, and we, probably overestimated the
- credibility that we could carry by simply cloaking sort of the FBI
- mantle around: We did this, and we're the independent people, and we
- don't really care who's in power', and this is why.
- COMMITTEE SENSITIVE
- ############################
- 68
- COMMITTEE SENSITIVE
- And so I think the depth of his statement was very much meant to
- reassure, you know, here is what we did, here Is why we did it, you
- know, here is what we found, so that the American people were confident
- that this was not a politically motivated investigation one way or the
- other', and --
- Mr. Raskin. So then were you surprised by the level of political
- reaction that --
- Ms. Page. I personally was, but I'm not a political person, so
- maybe I shouldn't have been.
- Mr. Raskin. Well, do you think that then the decision in October'
- to go ahead and make another, statement several, I guess, days before
- the election was an attempt to compensate for the original decision
- to go forward with that --
- COMMITTEE SENSITIVE
- ############################
- 69
- COMMITTEE SENSITIVE
- Ms. Page.. No, I don't. I think that a couple -- I mean, and these
- are Just my personal views, I think there were a couple thingswere
- operating.
- I do think that the fact that we were going to execute a search
- warrant, I do -- this is, again, my view, and I can't speak for
- Director' Comey or others, I do think the fact that we were going to
- execute a search warrant and that it was going to be executed in
- New Yor'k, necessarily played a factor, in the decisionmaking.
- We were going to to have less ability to keep it quiet. we were
- very good during the Clinton investigation, and we were very good during
- Russia, because it was our team. And we had picked the people
- purposely. Everybody understood the gravity of the situation. This
- is now executing a warrant in a different district and necessarily
- relying on a different field office to effectuate that warrant.
- And so I do sincerely think there was a concern that the fact of
- the execution of the warrant would leak and that without the context
- of, again, Director, Comey's explanation, it would be as unfair', if not
- more unfair, I can't make that calculation, but it would be as unfair,
- to let that stand without further, explanation because then the
- speculation could pun wild about what it was, and why, and all of that.
- And so I do think that that played a role in his decision to speak,
- to do it. Although I would say -- I'm sorry -- if I can say one more
- thing, I was not pr'esent for that meeting so I was not personally in
- the room during the course of the discussion in which the Director
- decided to send a letter, to Congress.
- COMMITTEE SENSITIVE
- ############################
- 70
- COMMITTEE SENSITIVE
- So this is based on sort of my understanding both of subsequent
- meetings and from talking to others on the team.
- Ms. Hariharan. Just to quickly clarify, are you
- referencing -- when you say another field office and team, the New York
- field office?
- Ms. Page. Yes. Yes. That's where the Weiner laptop had
- originally -- the original warrant had been executed.
- Mr. Raskin. Okay. I just have a few questions and then I'm going
- to excuse myself.
- What kind of decisionmaking authority did you have with the NYE
- investigation?
- Ms. Page. No decisionmaking authority. None, sip.
- Mr. Raskin. Okay. So you were not in charge of scheduling the
- witness interviews?
- Ms. Page. No, no.
- Mr. Raskin. No? Or negotiating immunity agreements.
- Ms. Page. I was not in charge of anything.
- Mr.Raskin. Okay. Let'ssee,wasthisinvestigationdesignated
- as sensitive investigative matter?
- Ms. Page. I'm sure that it was.
- Mr. Raskin. Well, what is that?
- Ms. Page. It just adds additional sort of notice requirements
- to the Justice Department, a SIN, as we call it, involves both sort
- of, you know -- I can't remember the particular categories. I can't
- believe the amount I've forgotten about the FBI already. I can't speak
- COMMITTEE SENSITIVE
- ############################
- 71
- COMMITTEE SENSITIVE
- to the specific categories, but in gener'al, like, you know, political
- cormuption-type case or SIMS.
- Mr. Raskin. Did you play a role in designating it as such?
- Ms. Page. Oh, no, no, that's Just by policy. It's a perfunctory
- thing, to be honest with you. It doesn't really have a lot of meaning.
- Mr. Raskin. Okay. And what's a headquarter special?
- Ms. Page. That's not actually a thing. It's sort of a loose
- term. The difference is that with respect to the Midyear
- investigation, it was actually Mark Giuliano, the prior Deputy
- Director, decided that he wanted the case pun out of headquarters as
- opposed to at a field office, which is where investigations are
- typically Pun.
- And so it is my understanding that Giuliano and the
- then-counterintelligence director, which would have been Randy
- Coleman, decided to pun it out of headquarters. In part to keep it
- close, I think, and to, you know, it does sort of keep fewerpeople
- in the hierarchy out of the investigation. Because when you haveit
- in the field office you have whoever is running it, the case agent,
- all the way up through their chain, then you cross over' to headquarters
- and then you have all the way up the headquarters chain.
- Mr. Raskin. You mean it keeps more out of the --
- Ms. Page. It keeps more people out of, sort of --
- Mr. Raskin. Got you.
- Ms. Page. -- the reporting chain.
- Mr. Raskin. But, presumably, it would not change any
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 72
- investigative decisions --
- Ms. Page. It does not. It has no impact on that.
- Mr. Raskin. Okay. All r'ight. And was it the FBI's or the DOJ's
- decision to designate it an unknown subject? Do you know anything
- about that?
- Ms. Page. I don't. That would have happened before I was
- involved in it at all, because it was opened in 2015. So that would
- have been -- it wouldn't have been Pete either'. I don't remember who
- was leading it at the time, but I don't know who made that decision.
- Mr. Raskin. Got you. What was your involvement briefing senior
- DOJ leadership?
- Ms. Page. 0n Clinton?
- Mr. Raskin. Yeah.
- Ms. Page. To my understanding, it never' happened or it only
- happened once.
- Mr. Raskin. Once with?
- Ms. Page. Before I was involved in the investigation. But I
- think Director Comey has talked about, I think in heardngs,ear'lier'
- on meeting with AG Lynch -- early in the investigation, maybe August
- of '15 or' September' of '15 to talk about it, and that's where the sort
- of famous, you know, call it a "matter" comes out of.
- Buttomyunderstanding,that'sthetmlybr'iefingthateuenoccurs
- with r'espect to the Clinton investigation.
- Mr. Raskin. Did any political appointee at 00] issue orders on
- how to conduct the investigation?
- COMMITTEE SENSITIVE
- ############################
- 73
- COMMITTEE SENSITIVE
- Ms. Page. I don't know. I suspect so, but, again, this was very
- unusual, in the sense that we had almost no contact with the people
- who we normally have contact with at the Department.
- Mr. Raskin. Yeah. Okay. Let me Just ask you one final
- question, which has been troubling me from the beginning about the
- search for, evidence of intent. And for'give me because I'm a law
- professor by training. And when people are using this phrase here,
- they're looking for, evidence of Intent of what?
- Ms. Page. To mishandled classified information.
- Mr. Raskin. Okay.
- Ms. Page. So I think Director Corey, and I don't have his
- statement in front of me, but I think does sort of the best jobof,
- in his July 5th statement, of distilling the types of mishandling cases
- that typically get charged. And sort of in general, you're talking
- about either, extraordinary number' of clearly marked classified
- documents or somebody who otherwise has a nefarious interest in having
- those documents. Like these ace the types of intents that we tend to
- look at.
- Mr. Raskin. Yeah.
- Ms. Page. When somebody, you know inadvertently --
- Mr. Raskin. You're looking for, some kind of nefarious or corrupt
- intent to hide something?
- Ms. Page. Correct, correct.
- Mr. Raskin. Okay. So you're not looking for an intent to
- violate the law, but you're looking for, an intent to do an act which
- COMMITTEE SENSITIVE
- ############################
- 74
- COMMITTEE SENSITIVE
- is in violation of the law's centpal command.
- Ms. Page. That is correct.
- Mr. Raskin. Got you. Okay. Thank you. And I'll turn it back
- to the staff now.
- Ms. Kin. Thank you so much.
- EXAMINATION
- BY MS. KIM:
- Q Ms. Page, I want to return to something that you Just told
- Mr'. Raskin. You said that you suspected that political appointees at
- DO] may have issued orders on how to conduct the Midyear investigation?
- A I guess that'snot fair. I don't know. I sincerely do not
- know what kind of briefing schedule -- so this is what I, this is what
- I do know. I do know that at least John Carlin, for, example, who is
- a political appointee was kept abreast of the sort of investigative
- activity that was going on. And the only reason I know this is because
- when there was conflicts between us and DOJ, John might call over'
- to -- John Carlin might call over' to Andy McCabe, and sort of make his
- team's pitch, and then Andy would, you know, sort of the back and forth
- would go on.
- So it is clean that John had, was getting some sort of bifing,
- but he was not, it was, it never, occurred by the FBI, which is, in my
- view, atypical.
- Q So are you aware of who Nr'. McCabe's dipect counterpart on
- this investigation at DO] was?
- A So it would have been John. John Carlin is the person who
- COMMITTEE SENSITIVE
- ############################
- 75
- COMMITTEE SENSITIVE)
- would have most -- he is not necessarily like -- we care about hierarchy
- at the FBI, so ..-
- Q I understand?
- A -- so he is not necessarily, like, on the same level, but to
- the extent there were -- when issues came up, it was eitherJohn
- Carlin or George Toscas who would have, who would have reached out to
- Mr. McCabe.
- Q The reason I'm on this point is that numerous witnesses have
- confirmed to us that George Toscas, a career pr'osecutor", was in change
- of the day-to-day operation of DOO on this investigation. Andthat
- Carlin and other, political folks above him had br'iefingscer'tainly,
- so they had knowledge but didn't have input In the investigation.
- Does that comport with your' knowledge?
- A I don't know.
- Q So do you have -- put another, way --
- A I don't have --
- Q Do you have any personal knowledge of John Carlin, Loretta
- Lynch, Sally Yates, or' other, political appointees at the D03 issuing
- orders on how to conduct the Midyear investigation?
- A I have no personal knowledge of that.
- Q Thank you.
- Ms. Hariharan. Hi. I'm Arya Hariharan. I work for, Ranking
- Member, Nadler, of the Judiciary Committee. I Just wanted to quickly
- before I hand it back to Janet, quickly followup on two names you
- mentioned when Congressman Jackson Lee was speaking.
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 76
- Peter, Strzok testified yesterday that the -- or' when did he
- testify -- not yesterday.
- (Discussion off the record.]
- BY MS. HARIHARAN:
- Q Peter' Strzok when he met with us for 11 hours on June 27th,
- he said that the Midyear investigation had been opened out of the FBI
- headquarters by then-Assistant Director Coleman, and I believe at the
- time chief of counter, espionage section Sandy Kable. Is that your'
- understanding?
- A That's my understanding, yes.
- Q And so when you mentioned that they had expressed some
- anti-Hillary Clinton bias, can you give us a sense of when you heard
- that information or who told you?
- A Pete told me. But when, I really -- they were no longer in,
- I guess, I do not -- yes, I know this for, sure.
- _ They were no longer' in a position of authority over' the Clinton
- investigation, right, so it was not, to my knowledge -- and I could
- be wrong about this -- but it was not while they occupied the roles
- of section chief or AD, which makes sense to me, because they no longer'
- have any sort of supervision or' authority over' the course of the
- investigation.
- And so the comment as was told to me was, as I sort of described
- already.
- Q So just to be clear, when --
- A But I don't remember -- I'm sorry -.. but I don't remember
- COMMITTEE SENSITIVE
- ############################
- 77
- COMMITTEE SENSITIVE
- when they each r'espectively took different Jobs.
- Q So just to be clear, when Mr. Coleman and Mr. Kable made those
- statements, they were no longer -- they no longer had a supervisory
- pole over" the Clinton email investigation?
- A To the best of my recollection, yes.
- BY MS. KIM:
- Q Ms. Page, I would like to turn back to the specific text
- messages.
- I'm so sorry, actually, let's keep on this Coleman cable point
- for, a second.
- You said that you have heard it from Pete Strzok, is that right?
- A That's correct.
- Q Do you remember if Pete Strzok heard it directly from either
- Mr. Coleman or Mr. Kable?
- A That's my understanding.
- Q That he directly heard anti-Hillary Clinton sentiments from
- Mr. Kable and Mr. Coleman?
- A I believe so, yes.
- Q And what was the timeframe in which he heard these comments?
- A I don't know. I don't recall at all. I just know it
- was -- my belief is that it would have occurred after, both
- were -- neither was -- neither, was in a position of authority over' the
- investigation any longer.
- Q But at this point Mr. Strzok was still involved in the
- Midyear investigation, is that correct?
- COMMITTEE SENSITIVE
- ############################
- 78
- COMMITTEE SENSITIVE
- A Correct. He was, whenever he started, I think August-ish,
- August, middle of August of 2015, he stayed on the investigation until
- its completion.
- Q And during his time on the investigation, he was given
- instructions or encouragement from Mr. Kable and Mr. Coleman that the
- FBI should, quote, "get hen," "hero' being Hillary Clinton?
- A I don't know if I would characterize that as instruction.
- I would characterize it as their' sentiment. I don't know.
- Q And are you aware of Mr. Kable or Mr. Coleman making similar,
- remarks to other investigators of the Midyear team?
- A It is possible they could have, to Jon Moffa, but I don't
- know.
- Q So it is possible that Mr. Moffa was also given this
- encouragement by Mr. Kable and Mr. Coleman?
- A I don't know. I know that during the course of the
- investigation, lots of different people on the team would get messages
- of distaste or' dislike of Secretary Clinton. That's just -- who, when,
- by whom? I have no idea. But she is not a particularly tge11-liked
- figure among some corners. That's sort of a self evident statement,
- I suppose.And so, but I don't have any, I don't have any personal
- or more detailed information than that.
- Q And you earlier, made an observation that the FBI is generally
- a politically conservative organization.
- Is it your' observation that this political conservativism
- manifested itself in distaste or dislike of Secr'etary Clinton at the
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 79
- FBI?
- A I can't really speculate about that.
- Q Okay. What is the basis for, your' understanding that the FBI,
- especially headquarters, is a politically conservative place?
- A It is just, it is law enforcement. It just, that's just
- generally, I mean, I'm speaking in gross generalities, so I'm sort of
- uncomfortable treading in this ground night now. But in general,I
- think if you had to choose between left leaning or night leaning, the
- FBI as an organization is right leaning.
- Again, I would stress unquestionably that I do not think that that
- impacts our work, night. what we are is apolitical, independent of
- the personally-held political views of any of its members. But ifyou
- were going to try to categorize it as an institution, it is a law
- enforcement organization. It is, generally speaking, more
- conservative.
- it And what about your' understanding that members of of the
- Midyear team were receiving this external input from people not on the
- Midyear' exam team that they should be getting hen or they should -
- A So I don't want you to make too much of this. This is sort
- ofsmacktalk,right. ImeanrespondedtothequestionthatMs.Jackson
- Lee asked because that was the truthful answer, if I ever' heard of
- anybody in particular exerting sort of bias trying to direct the
- investigation. And that is the answer'.
- But with respect to sort of the talk that various members of the
- team might have sort of gotten or heard or whatever', it is just not,
- COMMITTEE SENSITIVE
- ############################
- 80
- COMMITTEE SENSITIVE
- again, atypical from investigating a particularly heinous, you know,
- child predator, and saying, like, you better crush that guy.
- So, I don't want to make too much of it, because I don't want it
- taken out of context.
- Q Certainly. And I just want to make it clear for, the record
- thenyounstaternentaboutthesmackta1kspecifica11yaboutther1idyeat'
- case is based on your" general recollection of conversations with your'
- colleagues on the Midyear team?
- A That's correct.
- Q Okay. And in fact, did that smack talk influence the actions
- taken by the investigators on the Midyear team?
- A No.
- Q So in your" opinion there, was no political bias manifest in
- the investigative decisions made by the Midyear team?
- A This was one of the proudest investigations I've been a pant
- of. Everybody worked incredibly hard, incredibly independently,
- knowing every step would be sort of -- every investigative step would
- be scrutinized. And I can unequivocally say that no bias entered into
- any action that was taken. And I think that that's validated by the
- inspector' general's report as well.
- BY MS. SHEN:
- tt Hi. My name is Valerie Shen, and I work for Ranking Member
- Cummings, Oversight Committee.
- Just one quick followup. So, I believe just earlier you said
- that, you confirmed Mr. Strzok's testimony was that Assistant Director
- COMMITTEE SENSITIVE
- ############################
- 81
- COMMITTEE SENSITIVE
- Coleman and Section Chief Sandy Kable were part of opening the Clinton
- email investigation part of Washington headquarter staff, correct?
- A That's correct.
- Q And we just talked about how in no way would you believe that
- that would influence fair investigative decisions, as part of the
- official action despite the anti-Clinton sentiments that were
- communicated to you, is that correct as well?
- A Yes, I think that's right, but can you ask that question
- again.
- Q Sure. I'll rephrase. So despite being involved in the
- opening of the Secretary Clinton's email investigation and having --
- A You're speaking of Mr. Coleman and Mr. Kable mm?
- Q Mr. Coleman and Mr. Kable.
- A Okay.
- Q And the -- what was communicated to you as their' anti-Clinton
- sentiments that they expressed, you don't believe those sentiments
- would have impacted their official actions as part of hen
- investigation?
- A I don't think so, but I wasn't around in the -- I don't think so
- but I was not, I was not there at the beginning of the opening. So I
- don't have any personal knowledge of that either.
- Q As a general matter, if FBI agents had expressed
- anti-sentiments against the target of their, investigation or I guess
- the subject of their, investigation, would you view that investigation
- as tainted?
- COMMITTEE SENSITIVE
- ############################
- 82
- COMMITTEE SENSITIVE
- A No, that's the point I keep trying to make, which is, like,
- we don't like a lot of the people we investigate. In fact, we mostly
- don't like the people we investigate.
- We don't like drug dealers. We don't like pedophiles. ble don't
- like fraudsters. ble don't like spies. We don't like terrorists. I
- mean, we don't like them. Right? We are law enforcement, and so we
- mostly think they ace gross and loathesome.
- So the fact that in this case this is the, you know, either'
- political people as opposed to pedophiles is mostly immaterial. We
- don't like people who commit crimes.
- Q So, for, example, some are making the allegation that
- Mr. Str'zok, as he was part of the initiation of the Russia interference
- investigation, which was now been folded into the specialcounsel's
- investigation, is your' sentiment the same for that, that MP. Strzok's
- participation in the initiation of the special counsel's initial
- investigation and despite some of the anti-Trump views that he
- expressed on a personal basis should not taint the special counsel's
- investigation?
- A I have no doubt in my mind. We are all entirely capable of
- holding personal political views and putting our duty to be fair, and
- to follow the rules above all else. That is what defines the FBI.
- Q Thank you.
- BY MS. KIM:
- Q Thank you. As I previewed earlier, I would like to return to
- the text messages that --
- COMMITTEE SENSITIVE
- ############################
- 83
- COMMITTEE SENSITIVE
- A I love the text messages.
- Q -- you discussed with the majority earlier. As a general
- *matter, when-you communicate by text, do you generally spend a great
- deal of time perfecting your" word choice?
- A No. The only thing I really care about is spelling, because
- misspellings drive me nuts.
- Q So ape they quick ad hoc communications or ace they designed to
- be precise communications --
- A No.
- Q -- into which intent should be read?
- A They are quick and ad hoc.
- Q Thank you. And to be clear', the inspector' general did
- interview you about your' text messages after, that?
- A Yes, I was interviewed by the inspector' general eight times
- over', like, 36 hours about my text messages and an innumerable number
- of other, topics.
- Q So his conclusion that, quote, "our review did not find
- documentary or' testimonial evidence that these political views
- directly affected the specific investigative decisions" unquote, was
- based on eight different interviews with you?
- A That unquestionably, not just with me, but with virtually
- every single person who had any involvement whatsoever in the entice
- investigation, and an intense review of the investigative steps we in
- fact did take such that they could determine that there was no step
- which was as a result of bias.
- COMMITTEE SENSITIVE
- ############################
- 84
- COMMITTEE SENSITIVE
- Q Excellent. Thank you.
- Earlier Mr. Gowdy discussed with you a text message in which you
- stated, quote, "he's not ever going to become President, night?
- Right." And Mr. Strzok responded, quote, "no, he's not, we'llstop
- it."
- Do you remember that text?
- A I do.
- Q what was the context for, your' initial text to Mr. Strzok?
- A So it is a week prior'. I was incredibly upset by the
- candidate Trump's attack on the Khan family. I thought it
- very -- honestly it was very much that, it felt like that could have
- been my family.
- - This is is a
- person who's, you know, very much to me the American dream, right.
- Somebody came here, raised their family here, his son volunteered to
- serve our country andwas killed. And the notion that they were now
- being criticized, not just criticized but, you know, belittled and
- demeaned, I was incr'edibly bothered by, honestly.
- I myself almost joined the military and instead decided to enter,
- public service. And so I was really, really bothered by it. And the
- sort of lack of sort of both dignity and decency for a family who had
- lost a child, regardless as I have two young kids and I cannot imagine
- anythingworse,but1ostachi1dto,youknow,inser'vicetoouPcountry.
- And so I was, I was upset. I was quite upset. And so honestly,
- I don't have a particular' recollection of the text, but I think he was
- COMMITTEE SENSITIVE
- ############################
- 85
- COMMITTEE SENSITIVE
- just trying to comfopt me.
- Obviously, it is well known that we were in a relationship, and
- I think -- I don't remember what particularly prompted the, "he's not
- really going to become President." My guess, I think it was late at
- night, and so I think my, since there's practically nothing out there
- that's not known about me, I read like the news on my phone at night.
- And so my guess is that I had read something that sort of bothered me,
- and so I sort of shot out this flippant, like, this is not really going
- to happen, right?
- And that this was Just an attempt to just sort of comfort,
- although, it is sort of empty words but.
- q I'll note that you said empty words.
- Mr. Strzok's text back to you has been interpreted by some as "we,
- the FBI, will stop Donald Trump from becoming President."
- Can you give me your' read on whether or not that's a plausible
- interpretation?
- A I mean, that's just not us, number, one, and number two, we
- didn't in fact. Right? ble took no steps. We took no effort.
- As we've already discussed, I think with the majority, we have
- and still have information which would have been damaging, particularly
- if the purpose was to insinuate. You don't have to have an actual -- as
- is well the case, you don't have to have an actual fact, you have to
- have an insinuation. You have to have something suggestive.
- So you don't have to pr'ove anything if what you're trying to do
- is undermine. And we took absolutely no step to do so.
- COMMITTEE SENSITIVE
- ############################
- 86
- COMMITTEE SENSITIVE
- Q Thank you. I would also like to turn to the August 15, 2016,
- text message that Mr. Strzok sent you. I think it is famously known
- as the insurance policy text?
- A Oh, okay.
- Q Can you explain how you understood Mr. Strzok's analogy to
- an insurance policy?
- A So it is sort of similar, to the question I was answering for,
- Chairman Gowdy. He's making an analogy here so my suggestion is, let's
- not, you know, throw the baby out with the bath water', let's sort of
- be a little bit more cautious with respect to our investigative steps
- because if he's not President, this plays a less of a threat to our'
- national security.
- And he is saying, no, we have to, you know, do what we have to
- do in order to get to the bottom of this because it is like an insurance
- policy. There is no actual insurance policy. He is making an analogy.
- It is like an insurance policy in the unlikely event you die before
- you're 40.
- I have insurance. I don't expect to die any time soon. I hope
- that I don't, but I have life insurance. Unlikely. I'm 38, but you
- get it in the unlikely event that you die young.
- Q So to your' knowledge did Mr. Strzok have an insurance policy to
- prevent Donald Trump from becoming President?
- A No.
- Q In fact, the FBI did have a potent way to affect its electoral
- chances by leaking the information out of context that the FBI had
- COMMITTEE SENSITIVE
- ############################
- 87
- COMMITTEE SENSITIVE
- gathered as part of the investigation, isn't that right?
- A That's -- yes.
- Q It would have been improper but that was at that time the
- FBI's disposal?
- A Yes.
- Q And to your' knowledge, neither you nor Peter Strzok nor
- anyone else in the investigation leaked any of that information?
- A Quite the contrary.
- Q Thank you.
- BY NS. HARIHARAN:
- Q All right. So we only have a couole more minutes. I'm going to
- try and breeze through this. Some of these will seem kind of basic Just
- because it is for, the purpose of getting it clearly on the record.
- A Sure.
- Q So what is the FBI's policy with r'espect towards agents
- commenting publicly about an ongoing criminal investigation?
- A So we're not permitted to.
- Q And what are some of the possible negative consequences if
- that policy is violated?
- A I mean, it's one, comes from fundamental fairness, but
- certainly during the investigative stage, you might foreclose
- investigative possibilities if the subject or' witnesses or others ape
- aware of the existence of the investigation.
- Q So, I think it is fair to say that you're familiar' with the
- IG's report on the FBI's handling of the Clinton investigation and the
- COMMITTEE SENSITIVE
- ############################
- 88
- COMMITTEE SENSITIVE
- fact that it was highly critical of the Department from departing from
- that -- excuse me, of Director Comey from departing from that pr'otoco1
- and commenting publicly about an ongoing criminal investigation?
- A I am familiar' with it.
- Q So if you were to answer similar questions in a manner'
- involving an ongoing criminal investigation, you are potentially then,
- one, violating the Department of Justice's policy, and would put
- yourself at risk for an IG investigation if you were still employed
- by the Bureau?
- A That's true. Although, I would just sort of distinguish
- that when Director Comey spoke it was a closed investigation, so I don't
- think the analogy is quite perfect, but I understand your' point.
- Q To quickly go back to some of the questions that we heard
- earlier, and that have been sort of floating around in both in our
- hearings and in other interviews, I want to go back to confidential
- human sour'ces.
- And when testifying before Congress the FBI Director Nray, he
- explained how important protecting confidential human sources ace,
- quote, "the day we can't protect human sources is the day the American
- people start becoming less safe." End quote. Do you agree with
- Director Wray?
- A That is it a, yes that is a -- yes.
- Q So it's fair to say that when Director Wray was talking about
- revealing these sources, it would make America less safe. And I
- understand you were not in the counterintelligence division for, that
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 89
- long or --
- A I've never, been inthe counterintelligence. I'm a lawyer'.
- Q Your, general understanding, from working at the FBI, how
- dangerous would it be to reveal the identity of a confidential human
- source?
- A I mean it is just, it is -- I cannot tell you how devastating
- it is to all of us, honestly.
- Q And so --
- A Sources are one of the back bones of our work and it is
- exactly -- we tell people come to us with your' secr'ets and we will keep
- them secret and safe. And frankly worth noting we have done a
- pretty poor' job of doing that and it makes me quite concerned about our'
- ability to effectively protect America moving forward.
- Q So this would also include perhaps a disclosure of their,
- location or --
- A To the extent their, location would make the source
- identifiable, yes.
- Q Or when perhaps they've met with the FBI?
- A Yes .
- Q Okay. And how does this affect the ability of the FBI to
- recruit or retain human sources?
- A I mean, as I said, it is incredibly damning. It is a huge
- step to decide to come to the FBI and rat on someone else or share secret
- or' sensitive or in the case of counterintelligence another country's
- secrets, r'ight. I mean, that is an enormous ask that you make of
- COMMITTEE SENSITIVE
- ############################
- 90
- COMMITTEE SENSITIVE
- another, person. And you do it in part, often not of, you know,
- sometimes it is a financial motivation, sometimes it is patriotic,
- there are variety of reasons that people choose to become sources but
- it's a heavy burden that we ask our sources to take and when we cannot
- protect their identities, I could certainly understand people
- hesitating before they came back to us.
- Q All right. Thanks. I think we're going to go off the record
- now. It is 3:56.
- [Recess.]
- COMMITTEE SENSITIVE
- ############################
- 91
- COMMITTEE SENSITIVE
- [3:56 p.m.]
- Mr. Ratcliffe. Go back on the record at 3:56. Ms. Page I'm John
- Ratcliffe from Texas. We had a chance to meet before the start of your
- deposition here. I'm going to go back, try and get back to where
- Chairman Gowdy left off. We were talking about July 31st and the
- openingoftheRussiacollusioninvestigation. Butbeforethat,Iwant
- to cover' a couple of things that I'm not sure anyone has asked.
- First of all, I know there was some question about you getting
- access to FBI documents that delayed your' appear'ance before our
- committee. Have you had access to all the documents you needed at the
- FBI?
- Ms. Page. I cannot make the representation of all, and I don't
- mean any disrespect to my former, FBI colleagues. But I have had access
- to documents. It cannot possibly be all of them, but I know they are
- trying their best.
- Mr. Ratcliffe. Okay. I'm just trying to confirm, on the record
- you don't feel like you're impaired in terms of your' ability to answer
- questions?
- Ms. Page. No, I don't think so. I have cer'tainly not hadthe
- opportunity to review all of the ones that they have provided to me,
- but to the extent I can't answer, I will tell you.
- Mr. Ratcliffe. Okay, great. Other than your' lawyers, didyou
- speak with anyone to prepare for this interview?
- Ms. Page. No, sir.
- Mr. Ratcliffe. All right. Did you watch Peter, Strzok's
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 92
- testimony yesterday?
- Ms. Page. Most of it, sip.
- Mr. Ratcliffe. Have you reviewed a transcript of Peter, Strzok's
- prior testimony?
- Ms. Page. No.
- Mr.Ratcliffe. whenwasthelasttimeyoutalkedtoPeterStrzok?
- Ms. Page. We ran into each other, when I was leaving the FBI on
- Tuesday night. He was coming into the FBI. And we were both with our
- counsels and were in the sort of vestibule of the FBI where people enter,
- and leave. So it was sort of: Hey, how you doing? How do you think?
- Gr'eat, you know.
- Mr. Ratcliffe. Just a passing meeting?
- Ms. Page. Correct.
- Mr. Ratcliffe. When was the last time you had a substantive
- conversation with him about anything?
- Ms. Page. Oh, it's been a very long time.
- Mr. Ratcliffe. Can you give me a timeframe? At least a year',
- more than a year'?
- Ms. Page. A substantive conversation about like the matters
- before us?
- Mr. Ratcliffe. Yes.
- Ms. Page. Yeah.
- Mr. Ratcliffe. To the best of your' recollection.
- Ms. Page.. Yeah. I don't know. Ayearish, but I'm -- that's --
- Mr. Ratcliffe. Okay, fair enough. I want to go back to one of
- COMMITTEE SENSITIVE
- ############################
- 93
- COMMITTEE SENSITIVE
- the things you said, and I wrote it down. We were talking about the
- Hillary Clinton email investigation, and you said: Everyone at the
- FBI and the DOO involved knew far, earlier than July that we were not
- going to be able to make the case against hen.
- Do you remember saying that?
- Ms. Page. I do.
- Mr. Ratcliffe. Okay. And you talked about the reason beingthat
- there was -- and I don't know if I got this exactly, but you said there
- was -- we couldn't find any indicia of knowledge that she knewthat
- these shouldn't be traversing her server, evidence of intent, ofan
- intent.
- Ms. Past, That's mostly r'ight, sir. It's really -- the problem
- really is, in a mishandling case, you have to sort of show that malign
- intent. And with respect to what she was doing, you know, her
- claim -- and was not one that we could ultimately rebut -- is: I didn't
- know it was classified; we were trying to execute our job.
- You know, when we bring mishandling cases, it's people who ace
- often hoarding classified documents, bringing them home when they're
- marked, and they know that they shouldn't. Often it's somebodywho
- we suspect of spying that we simply can't make out a case of.
- And the -- you know, the ability to prove -- like that would
- obviously be hen defense. And the ability to prove beyond a reasonable
- doubt that she, in fact, you know, intended to handle classified
- information in a way that was not permissible was just not possible.
- Mr.Ratc1iffe. Okay. Andthat's -- Ithink,whenyouta1kabout
- COMMITTEE SENSITIVE
- ############################
- 94
- COMMITTEE SENSITIVE
- intent, that's certainly true under part of 18 793(f), but it sounds
- like you all Just blew over, gross negligence.
- Ms. Page. We did not blow over' gross negligence. We, in
- fact -- and, in fact, the Director -- because on its face, it did seem
- like, well, maybe there's a potential here for, this to be the change.
- And we had multiple conversations, multiple conversations with the
- Justice Department about charging gross negligence.
- And the Justice Department's assessment was that it was both
- constitutionally vague, so that they did not actually feel that they
- could permissibly bring that charge, and also that it had either never'
- been done or had only been done once like 99 years ago. And so they
- did not feel that they could sustain a charge.
- And, in fact, one thing I will note is that the Director asked
- the Department to pull for him a record of every mishandling case that
- had been brought in the last like 30 years.
- Mr. Ratcliffe. I saw that. I saw a series of emails about that.
- But my question, the question I had was: He requested all ofthose
- in the June 2016 timeframe. He wrote his memo, what we've referred
- to as the exoneration memo, on May 2nd of 2616. So he made the request
- to look at the cases to see the cases weeks after he'd already written
- a draft ruling out gross negligence.
- Ms. Page. That's right. Well, no, no, no. So we should clarify
- a couple things. So the cases were about mishandling, not about gross
- negligence. So the 30 years back were really about like: Show me the
- types of mishandling cases that we do bring.
- COMMITTEE SENSITIVE
- ############################
- 95
- COMMITTEE SENSITIVE
- So it's true I think the Director had a sense already like, well,
- we can't make out garden variety 793(f). And so let me challenge my
- own views on this, could you please produce _ like let me seewhat
- kinds of cases we brought and sort of the facts that surrounded those
- cases. And so that's what that pull was.
- Separately, you know, we had multiple conversations with the
- Justice Depar'tment about bringing a gross negligence charge. And
- that's, as I said, the advice that we got from the Department was that
- they did not think -- that it was constitutionally vague and not
- sustainable.
- Mp. Ratcliffe. Okay. So let me if I can, I know I'm testing your'
- memory, but when you say advice you got from the Department, you're
- making it sound like it was the Department that told you: You're not
- going to charge gross negligence because we're the prosecutors and
- we're telling you we're not going to --
- Ms. Page. That is correct.
- Mr. Ratcliffe. -- bring a case based on that. Who at the
- Department was telling you that?
- Ms. Page. Richard Laufman is my understanding.
- Mr. Ratcliffe. Okay.
- Mr. Parmiter. Sorry, did you mean David Laufman?
- Ms. Page. I'm sorry. Richard Scott. No, no, that's my fault.
- Mr. Parmiter. Thank you.
- Ms. Page. Sorry, sorry. Probably David Laufman too, but --
- Mr. Ratcliffe. Okay. Have you still got those text messages in
- COMMITTEE SENSITIVE
- ############################
- 96
- COMMITTEE SENSITIVE
- front of you? If you turn to June 30th.
- Ms. Page. I'm sorry. Which year', sip?
- Mr. Ratcliffe. I'm sorry. June 30, 2616. I'm trying to get
- back to July where weleft off. But there was one text messagefrom
- Peter, Strzok to you". Just left Bill -- I assume that's referring to
- Bill Priestap -- He changed President to another' senior, government
- official.
- Ms. Page. Yep.
- Mr. Ratcliffe. Do you see that?
- Ms. Page. I do.
- Mr. Ratcliffe. So, obviously, I know you didn't write that text.
- It was sent to you, but we've all noticed there were different drafts
- of thatexoneration memo. It originally said the President. Then it
- said senior'gover'nment official. And then it disappeared altogether.
- Tell me what your recollection was about why that was important
- to take that out of the -- what ultimately became Jim Comey's July 5th
- public statement?
- Ms. Page. I don't really recall. I don't remember a lot of
- attention spent on this. I think it was Bill's -- would you remind
- me what this was in reference to? Was this about --
- Mr. Ratcliffe. This was in --
- Ms. Page. No, I know that. But I just can't remember what
- the -- why Bill was concerned that highlighting the President or senior'
- government official was sensitive, and I just -- I don't know if anybody
- has the -- if anybody has the July 5th statement.
- COMMITTEE SENSITIVE
- ############################
- 97
- COMMITTEE SENSITIVE
- Mr. Ratcliffe. I don't know. That's what --
- Ms. Page. No, no. If --
- Mr. Ratcliffe. That's what I'm trying to find out.
- Ms. Page. If we can come back to it, if someone wants to pull
- the July 5th statement. I just want to see where it was in the
- statement, and that will help I think refresh my recollection.
- Mr. Ratcliffe. Fair, enough. we can do that.
- All night. So getting back towards the start of the Russia
- investigation on July 31st, before that, on July 26th, you sent a text
- to Peter, Strzok, July26, 2016. You said: Yeah, it is prettycool,
- blank.
- It looks like: Blank just has to win now. I'm not going to lie.
- I got a flash of nervousness yesterday about Trump.
- I assume that that's -- you're referring to Clinton has to win
- now.
- Ms. Page. I'm sure that's night, but I just haven't found it yet.
- I'm sorry. July 26, you said? July. I'm in June, I'm sorry.
- Mr. Ratcliffe. July 26, 2016.
- Ms. Page. Do you have a page number that might get me to it
- fasten? Like the DOJ production number', I don't know if you have it.
- Mr. Ratcliffe. I don't. I have a summary of it.
- Ms. Page. That's okay. Amy, can you help me find this? The
- "now she just has to win." I'm literally notseeing it. Yeah, itis
- pretty cool.
- Mr. Ratcliffe. July 26.
- COMMITTEE SENSITIVE
- ############################
- 98
- COMMITTEE SENSITIVE
- Ms. Page. Oh, Ifound it. I'm sorry. 0h, minesays 27th. I'm
- sorry. That's why.
- Mr. Ratcliffe. Okay. Well, it may be the 27th.
- Ms. Page. No, no, no. I don't -- that's fine.
- Mr. Ratcliffe. what is the context of that, if you can recall?
- Ms. Page. So I just take from the context here, we are watching
- Secretary Clinton receive the nomination.
- Mr. Ratcliffe. Okay.
- Ms. Page.. He is -- I know he was sharing it with -
- - And so it was I think sort of a particularly momentous
- moment that a woman was being nominated.
- Mr. Ratcliffe. Okay. And I'm just -- I Mean, I don't think it's
- any big secret. I'm trying to -- and I think you've made it clean.
- I mean, you wanted Hillary Clinton to win and nervousness about Donald
- Trump. You're not a fan of Donald Trump.
- Ms. Page. That's true, except that I'm not really a fan of
- Hillary Clinton's either. Given -- truthfully. I mean, given a
- Trump-Clinton Pace, yes, I was supporting Clinton, but I was not a
- par'ticular'ly big fan of hens.
- Mr. Ratcliffe. Okay. So the response from Peter Strzok to your"
- text is: We've got to get the memo and brief and case filing done.
- Ms. Page. Uh-huh.
- Mr. Ratcliffe. What does that relate to? what memo, what brief,
- what case filing?
- Ms. Page. So I think that the memo is a reference to we -- we
- COMMITTEE SENSITIVE
- ############################
- 99
- COMMITTEE SENSITIVE
- in the Department decided to write a closing LHM is what we call it,
- a letterhead memorandum.
- Mr. Ratcliffe. Right, a summary of 3025.
- Ms. Page. A summary of essentially the investigation. So,
- typically, when you close an investigation, you would do some sort of
- summary document.
- Mr. Ratcliffe. Okay.
- Ms. Page. But because this one was actually quite complicated
- from a forensic standpoint, you know, we had done an extraordinary
- amount of forensic investigation. And so we wanted to sort of put in
- one place: Here is what we did in -- you know, in an exhaustive way.
- And so it was a -- and we also wanted to be -- we wanted it to be like
- as erron-free as humanly possible, because we understood that the case
- would get scrutinized. And so the -- I'm not sure what the brief is,
- to be honest with you. Oh. I'm not really positive. But the memo
- and -- I don't see the text, but was it memo, brief, and what?
- Mr. Ratcliffe. I'm sorry. The case filing.
- Ms. Page. Oh. I think that's Just like closing it up. Like
- closing up the file. Like getting all those sort of i's dotted and
- t's crossed. But the memo I think is a reference to the LHM.
- Mr. Ratcliffe. Okay. The date of this was July 26, July 27.
- It's also -- as we've talked about, this is night in the timeframe
- where you --
- Ms. Page. We don't know about it yet.
- Mr. Ratcliffe. The opening of the Russia investigation. You
- COMMITTEE SENSITIVE
- ############################
- / 100
- COMMITTEE SENSITIVE
- don't know about it yet, because the date that you know about it is
- July 28.
- Ms. Page. I think the 28th, correct.
- Mr. Ratcliffe. Right. Okay. So that being the case, look at
- the text right before that on July M. There's a series of texts,
- actually, between you and Peter, Strzok where you talk about FISA Judge
- Contreras and the fact that he would have to recuse himself on espionage
- FISA cases, given his, quote, "his friend oversees them," end quote.
- what was the context of how that came up?
- Ms. Page. I mean, that was just -- I didn't - I knew that he
- had -- had been friends with Judge Contreras for, some time. I didn't
- know that he was a FISC Judge. I just knew that he was a judge on the
- D.C. District Court. And I had been on Wikipedia to sort of look for,
- FISC judges for, some reason, I don't remember why. And I saw him. And
- so -- although I don't have the text in front of me, but that I'm sort
- of exclaiming like, oh, I didn't know Rudy was a Judge, right, or was
- on the FISC. And he said yeah. And I just thought like it would be
- neat to meet him because he -- I wanted to know his friends, he wanted
- to know mine. I mean, it was really more of a personal interest.
- Mr. Ratcliffe. Okay.
- Ms. Page. And, again, I don't have it in front of me, but my
- recollection is I asked like: Well, does he know what you do?
- And he said: Well, he knows like I'm an agent, but I'm not sure
- that he has sort of detailed knowledge about the sort of types of work
- I do.
- COMMITTEE SENSITIVE
- ############################
- 101
- COMMITTEE SENSITIVE
- And he expr'essed his concern that it would be inappropriate to
- know what he did because of the potential risk that a matter' that Pete
- was supervising or for a matter for which he was seeking a FISA --
- I mean, I should be mohe precise. In the position that Pete held,
- he actually doesn't really have any role at all in the FISA process,
- so -- but he would be supervising investigations for which a FISA might
- be sought.
- Mr. Ratcliffe. Okay.
- Ms. Page. And so his point was simply, you know, would this cause
- him to have to recuse if there was a matter on which I was on. And,
- again, you see me saying, I don't actually think so, but it was really
- Just --
- Mn.Ratcliffe. Okay. Soisityourtestimonythatthisexchange
- was not related to or' prompted by a discussion about any potential FISA
- relating to the Russia investigation?
- Ms. Page. Oh, no, no.
- Mr. Ratcliffe. Okay. So that gets me back to where Chairman
- Gowdy left off onJuly 3lst. And I want you to look at the text that
- Peter Strzok sent to you that says, quote: And damn, this feels
- momentous because this matters. The other, one did too, but that was
- to ensure we didn't F something up. This matters because this MATTERS,
- in all caps, period. So super" glad to be on this voyage with you, end
- quote. Do you see that?
- Ms. Page. I do.
- Mr. Ratcliffe. What do you recall about when you received that
- COMMITTEE SENSITIVE
- ############################
- 102
- COMMITTEE SENSITIVE
- and --
- Ms. Page. So this is -- we are now opening the Russia collusion
- investigation. And I agree wholly with the sentiment, to behonest
- with you. The Clinton investigation was whether she mishandled
- classified information. That's important. It matters, but it does
- not matter like a per'son associated with a Presidential campaign
- receiving and potentially accepting, which we didn't know, obviously,
- but the risk that somebody had received and accepted an offer, of
- assistance from Russia, which I view as our' sort of most treacherous
- adversary. So this one was a more significant, mor'e concerning
- investigation and unquestionably one which was more threatening to our
- national security.
- Mr. Ratcliffe. Okay. And I thought I heard you earlier, I
- thought I heard you say, in talking about this being on a Sunday, that
- it had just happened, and you were stressed.
- Ms. Page. I think all of us were -- yes, I can -- I can
- confidently say that the very small group of us who knew about the
- predication were all very concerned.
- Mr. Ratcliffe. Okay. So, as I read this, though, and I realize
- this is Peter, Strzok, but when he says this matters because this
- matters, so super' glad to be on this voyage with you, it doesn't sound
- like he's stressed. It sounds like he's happy. If you're super' glad,
- he sounds like he's happy.
- Ms. Page. That's a personal comment, sir.
- Mr. Ratcliffe. What's that?
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 103
- Ms. Page. That's a personal comment.
- Mr. Ratcliffe. I don't know what you mean. Explain that to me.
- Ms. Page. That's a reflection that, okay, the Midyear
- investigation is over, right. So he's going back to kind of his day
- Job. I'm going back to my day job. And now we have a new
- investigation, which will necessarily involve regular contact.
- Mr. Ratcliffe. Okay. So a week later, on August 6th, you texted
- Agent Strzok about the candidate Trump's criticism of the Khans, and
- you stated: Jesus, you should read this, and Trump should goF himself.
- Ms. Page. Yes.
- Mr. Ratcliffe. Okay. And his r'esponsetothat was something and
- F Trump.
- Ms. Page. Yes.
- Mr. Ratcliffe. Okay. That same day, you sent a text to Peter'
- Strzok that says: So this is not to take away from the unfairness of
- it all, but we ape both deeply fortunate people and maybe you're meant
- to stay where you ape because you're meant to protect the country from
- that menace.
- Do you find that?
- Ms. Page. I'm sorry. Is it on the 8th too? Yes, I see it.
- Mr. Ratcliffe. 0n the 6th.
- Ms. Page. Yes, I see it. Yes, I do. Yes, I do. I'm sorry.
- Yes, I see it.
- Mr. Ratcliffe. So, when you said, “Maybe you're meant to stay
- where you ape because you're meant to protect the country fromthat
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 104
- menace," who is that menace?
- Ms. Page. The menace is Donald Trump.
- Mr. Ratcliffe. Okay. And so, if you're telling Peter' Strzok
- that he's meant to protect the country from Donald Trump, who is a
- menace --
- Ms. Page. Although --
- Mr. Ratcliffe. I don't know how to read that other, than you --
- Ms. Page. No, no, no. Well, I think that it is, but I think it's
- in the context of -- well, I'm not certain, to be honest with you. I
- think it's Donald Trump. But the reason I'm hesitating is because this
- is so close in time to the opening of the Russia investigationthat
- the concern that we all had that there was a member of his campaign
- colluding with Russia was so great that I'm not -- I'm not 109 percent
- positive that I can split those --
- Mr. Ratcliffe. Well, I'll tell you why it's really important,
- because you're right; it is so close to the opening of the Russia
- investigation. And so, if a week after, the Russia investigationis
- open, you and Agent Strzok are talking about protecting the country
- from a menace, if you're meaning it's Donald Trump, I don't know how
- to read that other, than you have prejudged him.
- Ms. Page. So you ace misunderstanding, sir. I have -- at the
- time that we opened the investigation, I don't have any reason to
- believe that it is Donald Trump himself who was colluding with the
- Russians. -_
- COMMITTEE SENSITIVE
- ############################
- 105
- COMMITTEE SENSITIVE
- TherewasabsolutelynopreconceivedbelieForfeelingatallthat
- it was Donald Trump himself. We took quite deliberate steps, and we
- were very Judicious in deciding who we would open on and what criteria
- we would use in order, to open those investigations in order, to determine
- who might have been in a position to receive this offer, if it was even
- true.
- Mr. Ratcliffe. Okay. Well, I appreciate that. But I'm not
- trying to put words inyour' mouth. These are your' words, and so I'm
- asking you what they mean because this is really important. And the
- way I read this is an FBI lawyer' a week after, this case is opened is
- saying you, speaking to the FBI agent who is the lead investigator in
- this nascent investigation, you are meant to protect the country from
- that menace. And the only way an FBI agent can protect the country
- from a menace who is a Presidential candidate is to ensure that he
- doesn't become the President.
- Ms. Page. I can understand the reading of that, sir. But what
- I am trying to tell you is that there is -- it is -- I understand that
- "menace" is a very loaded word, but this is a sort of singular flash
- in time.
- I think the other, thing that's important to understand is the
- meant to stay where you are is because he was considering putting in
- 'For another, job. And so this is really in the context of a conversation
- COMMITTEE SENSITIVE
- ############################
- 106
- COMMITTEE SENSITIVE
- we had for days or weeks about whether, to seek a promotion to another'
- job versus to sort of stay where he is. And the -- can I -- may I ..-
- Mr. Ratcliffe. Yeah, sure you can.
- Ms. Page. And the truth of the matter, is, and I am quite confident
- that people who have worked counterintelligence would say this, Peter,
- Strzok is the best counterintelligence agent in the FBI, certainly in
- a position of management.
- Andsothenotionthathewouldtakeadifferentpositionandleave
- open a management position which would necessarily be filled by
- somebody less qualified is also reflected in that.
- Mr. Ratcliffe. Okay. Are you finished?
- Ms. Eagg; I am.
- Mr. Ratcliffe. I didn't want to cut you off. I appreciate the
- context for the part about whether, he's meant to stay where you are.
- I'm more concerned about you're meant to protect the country from that
- menace that you believe is Donald Trump, especially when it's followed
- up with the next text that you send to him on August 8th, Trump's not
- ever' going to become President, night, right, to which he has r'esponded,
- no, no, he's not, we'll stop it.
- So you're meant to protect the country from the menace of Donald
- Trump. He's not going to become the President, right? No, we'll stop
- it.
- And these texts are being exchanged with the lead investigative
- agent a week after, he has opened the investigation into the Russia
- collusion matter'.
- COMMITTEE SENSITIVE
- ############################
- 107
- COMMITTEE SENSITIVE
- Ms. Page. I completelyunderstand that. I will say sort of two
- things in response. The first is I know this person very well. And
- so, while I completely understand how, after the fact and with the
- little snippets that a text message represent, I understand wholly why
- you and others would interpret it that way. I sincer'ely do. But I
- know this person, and I know myself, and I know the sort of integrity
- and the investigative quality that we both bring to work. And that
- is ultimately what that represents.
- And then certainly with respect to the "he's not going to become
- President, right,“ I don't know whether you were here when I was
- discussing it with the minority staff. But I was very deeply affected
- by the -- by the harshness and the cruelty that I felt that Donald Trump
- exhibited towardthe Khans. I felt like it was there but for the grace
- of God go we. I am an immigr'ant -- -
- - the same as the Khans ace. I very seriously considered
- joining the military before I decided to enter public service. And
- I was unbelievably appalled that anyone, let alone a Presidential
- candidate, would insult the family of a slain servicemember. It's
- inappropriate, andit's disgusting. And it remained with me for, quite
- some time.
- And so, yes, I sent the, you know -- and, again, I don't know
- whether, -- as I said earlier, before I fall asleep, I sort of read;
- it's when I catch up on the news. And so my strong suspicion is that
- I was on my phone; I read something about it. I was upset and bothered,
- and so I made the "he's not really going to become President, night"
- COMMITTEE SENSITIVE
- ############################
- 108
- COMMITTEE SENSITIVE
- and "no, we'll stop it" was simply an attempt to comfort me.
- Mr. Ratcliffe. Okay. Well, I can appreciate the emotion and
- opinion that you have regarding that event. I'm sure a lot of people
- in the country may have felt that way, but those people were not in
- a position to influence the outcome of an investigation. There was
- only one lead investigator, in the country on this investigation, and
- the way this reads, you asked him whether or not -- well, you asked:
- Donald Trump's not ever' going to become President, right?
- And he responds: No, no, he's not, we'll stop it.
- That sounds like a promise from someone who's in a position to
- keep a promise.
- Ms. Page. And it's not. And I completely understand the
- interpretation, but I would also, frankly, point you to the fact that
- not a single action was taken that would evidence that weattempted
- to stop it. There was no leak of the investigation. As I've said
- multiple times, we had then and continue to have information which
- certainly would have been damaging, and particularly so during the
- Pun-up of a Presidential election. That's just not who we ace.
- And I understand that perhaps for, people whose job is politics,
- it strains credulity that you would not be dominated or motivated by
- politics, but we are dominated and motivated by fidelity to our
- institution. And that is the FBI, and we do things the right way at
- the FBI.
- Mr. Ratcliffe. Well, and I appreciate the explanation, and I
- hope you can appreciate the job that we all have, which is to ask you
- COMMITTEE SENSITIVE
- ############################
- 109
- COMMITTEE SENSITIVE
- about the things that you said and the things that he said, and that
- you ape two people at the center' of a very important investigation that,
- unlike the Pest of the country, were not in a position to influence
- the.outcome.
- Ms. Page. I do understand that, sip. But honestly, having a
- view, even a strongly held view, even a virulent view as to who would
- be best President does not mean that it makes me -- does not mean or
- make me biased in my work.
- Mr. Ratcliffe. Let me move on to a text message on September 2nd
- of 2016. It's a series of texts that you exchanged with Agent Strzok.
- And at one point you text him: Yes, because POTUS wants to know
- everything we ape doing.
- Ms. Page. Oh, yeah. I don't see where it is, but I know what
- it is, yeah.
- Mr. Ratcliffe. Okay. And do you know the context of what it is?
- Ms. Page. It is. This is in the context of --
- Mr. Ratcliffe. Well, first of all, so is POTUS, I'm assuming
- that's --
- Ms. Page. President Obama.
- Mr. Ratcliffe. -- President Obama, okay.
- Ms. Page. Yes. So this is in the context of the -- take a step
- back. In August -- oh, this is going to call for a classified answer'.
- I'm sorry. Can we --
- Mr. Ratcliffe. Do you need to confer?
- Ms. Page. I don't think this is a classified space.
- COMMITTEE SENSITIVE
- ############################
- 110
- COMMITTEE SENSITIVE
- Mr. Ratcliffe. Okay.
- Ms. Page. Sorry.
- Mr. Ratcliffe. It's not.
- Ms. Page. I think I can answer' it.
- Mr. Ratcliffe. I'm Just trying to clarify --
- Ms. Page. It's not about the Midyear investigation, if that's
- the question. It has to do with Russia. ‘It does not have to do with
- the Clinton investigation at all.
- Mr. Ratcliffe. Okay. It does have to do with Russia, the Russia
- investigation?
- Ms. Page. No, not theRussia investigation. It has to do with
- the broader look at Russian active measures.
- Mr. Ratcliffe. Okay. All right.
- All night. Let me move ahead to May 18th of 2017, which is, to
- put it in context, is either the day of or the day after' Bob Mueller
- has been appointed special counsel.
- Ms. Page. The day after, sir.
- Mr. Ratcliffe. The day after. And Peter Strzok texted you and
- said, quote: For me and this case, I personally have a sense of
- unfinished business. I unleashed it with the NYE. Now I need to fix
- it and finish it.
- COMMITTEE SENSITIVE
- ############################
- III
- COMMITTEE SENSITIVE
- Ms. Page. I don't have it in this set. Can I -- sorry, I don't
- know why, but -- maybe I do. Nay 18th you said, night? Can I have
- one second, please?
- Sorry about that.
- Mr. Ratcliffe. Did you find it?
- Ms. Page. I did, yes.
- Mr. Ratcliffe. Okay. what is your recollection of the context
- of you receiving that text message?
- Ms. Page. So it was -- I had been asked to join the Mueller, team
- by that point, and he was probably the -- one of the likely candidates
- to join, to the extent he would bring sort of all the institutional
- knowledge of the investigation to date.
- By the same token, my view was, if you are going to rise in the
- organization, you need to stay where you are and do your time. So the
- FBI is very hierarchical and very sort of box checky with respect to
- promotion. And that we had had, again, many conversations discussing
- whether he should join the team or whether, he should sort of stay in
- place and then seek the next promotion.
- And so the sort of -- there's a great deal of texts which sort
- of precede it, because I was also quite -- I was hesitant to join. In
- fact, I initially said that I did not want to join the team.
- And so this is sort of one of the many reasons I think neflected
- in these texts about whether or not to Join the team. And I dothink
- that he felt -- we all felt a great deal of concern that when the
- director sent the October, statements -- not the statement, the October,
- COMMITTEE SENSITIVE
- ############################
- 112
- COMMITTEE SENSITIVE
- letters in the Hillary Clinton case, that we had affected the election.
- And it's not because of who won or' who didn't win, but because
- that is like the worst possible place for, the FBI to be in. And I know
- all of my friends on the team, all the people that I talked to really
- continued to carry a lot of -- trauma is too strong a word. I can't
- really think of a better one right now. But Just a lot of weight about
- whether, we actually impacted an American election.
- And so that is really what I think this is a reflection of. He
- very much participated -- you know, he participated in the decision
- to send the letter, to Congress about the reopening of the Midyear
- investigation. And so I think that this is sort of a reflection of
- like just that.
- Mr. Ratcliffe. Okay. Nell, given the timing of it, though, the
- start of appointment of a special _..-
- Ms. Page. Right. But that's because of the opportunity to
- essentially -- had Director Comey never been fired and a special
- counsel not been necessitated, he would have stayed as DAD in the
- Counterintelligence Division. He would have done it for, another,
- whatever, 6, 8, 10 months. He would have been eligible to be, you know,
- promoted to an SAC somewhere, and then he would have gone on his merry
- way.
- The problem is, with the appointment of special counsel, now there
- is a new sort of job opportunity which is not career-enhancing, because
- it doesn't matter if it's high-profile or if it's like interesting,
- the FBI cares about box checks. So you do all you want on some special
- COMMITTEE SENSITIVE
- ############################
- 113
- COMMITTEE SENSITIVE
- project, if you have not done sufficient time in this box, the
- likelihood of you getting promoted is quite slim.
- And so the only reason that, you know, he's confronted by this
- choice and the timing of the choice is because the director has been
- fired and DAG Rosenstein has appointed Bob Mueller, as special counsel.
- Mr. Ratcliffe. Okay. But, again, and I realize these aren't
- your' words. I'm asking you, though, if you have any knowledge.
- It's --giventhetimingandthatBobNue1lePhasbeenappointedspecial
- counsel and given the context that you've given that you thought that
- you may have affected the outcome, when Peter Strzok says, now I need
- to fix it and finish it, a person r'eading it might come to the conclusion
- thefixitmeansfixtheoutcome,changetheoutcome,stopDonaldTr'ump,
- finish it.
- Ms. Page. I understand that. I don't have a better, -- I don't
- have a better, explanation than the one I've given.
- Mr. Ratcliffe. Okay. So that same day in the consideration of
- this, he texts you and says: "You and I both know the odds are nothing.
- If I thought it was likely, I'd be there, no question. Thesitate,
- inpar't,becauseofrygutsenseandconcermthepe'snobigther'ethePe.'
- what's he talking about?
- Ms. Page. So I think this represents that even as fan as May of
- 2017, we still couldn't answer' the question -- sorry. Can I consult
- with counsel? I'm sorry, I need to consult with FBI counsel for a
- moment.
- Mr. Ratcliffe. Okay.
- COMMITTEE SENSITIVE
- ############################
- 114
- COMMITTEE SENSITIVE
- [Discussion off the r'ecor'd.)
- Mr. Ratcliffe. You said you still couldn't answer' the question.
- Ms. Page. So, yeah, I'm going to have to like rephrase my answer'
- a little bit. It's a reflection of -- and I'm sorry, I'm not trying
- to be cagey. I'm just trying to stay within the confines that I've
- been given.
- Mr. Ratcliffe. Well, let me ask you this: Do you knowwhether
- or not Peter, Strzok was talking about the fact that, as the lead
- investigator' of the Trump-Russia investigation, he didn't know -- or
- that he knew that the odds were nothing and that he had a concern that
- there was no big there there regarding any collusion between Trump
- and --
- Ms. Page. No, I don't think so. I think it's a reflectionof
- us still not knowing. I guess that's as good as I can answer'. That
- it still existed, because we were -- it was still an active
- investigation. Itstillexistedinthescopeofpossibilitythatthere
- would be literally nothing, probably not nothing nothing, as we
- probably knew more than that by that point.
- But in the scheme of the possible outcomes, the most serious one
- obviously being crimes serious enough to warrant impeachment; but on
- the other' scale that, you know, maybe an unwitting person was, in fact,
- involved in the release of information, but it didn't ultimately touch
- any senior, you know, people in the administration or on the campaign.
- And so the text just sort of reflects that spectrum. And I think
- the sort of unfinished business to me really just reflects whoPete
- COMMITTEE SENSITIVE
- ############################
- 115
- COMMITTEE SENSITIVE
- is, which is he's a leader'. He cares about Russia in particular, it
- has in many ways dominated his career, and wanted to finish out the
- investigation, whatever the outcome.
- Mr. Ratcliffe. Nell, based on that answer', though, it does sound
- like, as the lead investigator, you took it to mean he was saying the
- odds are nothing and, as the best counterintelligence agent, hehad
- a gut sense and concern that there's no big there there.
- Ms. Page. I'm sorry, what's the question?
- Mr. Ratcliffe. With respect to any collusion between the Trump
- campaign and Russia.
- Ms. Page. Right. And so he is the best investigator. So if
- someone is going to find it, it's going to be him.
- Mr. Ratcliffe. But at that point --
- Ms. Page. That's not out of animus; that's out of I hate Russia.
- Mr. Ratcliffe. But at least at that point, he had a concern that
- there wasn't anything there.
- Ms. Page. I mean, we -- it was -- I'm sorry, I'm not supposed
- to talk about the sufficiency of evidence, so that's why I am weighing
- my words carefully.
- Let me do it this way: Investigations ar'efluid, night? And so
- at various times leads ace promising and leads fade away. And so I
- can't -- I can't answer more his sentiment with respect to this
- particular text, but certainly at this point the case had been ongoing.
- We didn't have an answer'. That's obvious. And I think we all sort
- of went back and forth about like what -- what the answer' was really
- COMMITTEE SENSITIVE
- ############################
- 116
- COMMITTEE SENSITIVE
- going to be.
- Mr. Ratcliffe. Okay. But in describing those terms, the lead
- agent said he had a gut sense and concern, a concern that there's no
- there there, a concern that I'm not going to find anything.
- Ms. Page. Right. But that's --
- Mr. Ratcliffe. Did he want to find something?
- Ms. Page. No, no, no. That speaks to -- again, this is all in
- the context of do I stay or do I go, night? And so if this is going
- to fizzle out and be a nothing, then I shouldn't sort of sacrifice my
- sort of long-term career prospects. If it's going to end in
- impeachment, that's kind of a big deal. I mean, put aside who it is,
- put aside how we feel about it. You know, that's monumental. People
- who ace on Watergate are still known as somebody who was on Watergate.
- And so that's not sort of taken with respect to the, you know,
- feelings about Donald Trump. It's about being on an unbelievably kick
- ass team and being a part of, you know, something impressive. Sorry.
- I probably shouldn't have --
- Mr. Ratcliffe. Four, days later', another series of text messages
- are exchanged, and at one point Peter Strzok responded to a text from
- you and said: God, I suddenly want on this, you know why.
- Ms. Page. Oh, lord. If you're asking me why, I have no idea.
- I'm sorry. We talked about this for, days on end. So I really couldn't
- tell you what he was thinking in that particular moment.
- Mr. Ratcliffe. Okay.
- Ms. Page. Is there more context there? I don't ...-
- COMMITTEE SENSITIVE
- ############################
- 117
- COMMITTEE SENSITIVE
- Mr. Ratcliffe. No, I don't. I'm just asking you. It sounds
- like he's saying, you know why I suddenly want on the Mueller,
- investigation.
- Ms. Page. I'm sure 18 months ago I did, but I have no idea night
- now.
- Mr. Ratcliffe. Okay. One last question. What was
- the -- obviously, you left the Mueller, investigation team at some point
- in time. Give me the circumstances about why.
- Ms. Page. Sure. I -- so I participated in the first briefing
- for, Bob Mueller upon sort of giving him an overview of like here's what
- we got. And at the end of the briefing, he went to Mr. McCabe, who
- at the time was the acting director, and said, who was that woman? And
- he said, that's Lisa, she works for, me. And he said, I want heron
- the team. And Andy said, okay.
- And so he came to me and said, Bob wants you to join the team.
- And I said, I don't want to. And he said, well, you don't say no to
- Bob Mueller. And I said, you know, one, Andy was acting director and
- so I wanted to sort of stay by his side; and, two, I have young children
- at home and the prior sort of 18 months working for Andy were the most
- fulfilling of my professional career, they were unbelievably
- demanding. And I --
- Mr. Ratcliffe. Okay. So -- and these text messages -- so the
- point I'm really trying to get at, the text messages had not become
- public.
- Ms. Page. No, no, no. I'm -- 36 seconds, I'mgoing to get there.
- COMMITTEE SENSITIVE
- ############################
- 118
- COMMITTEE SENSITIVE
- Mr. Ratcliffe. You bet.
- Ms. Page.. So I was very hesitant to join the Mueller, team,
- because I had already worked two incredibly demanding years with Andy
- and I wanted a life back and I wanted to parent and be home and be around.
- And so I went to Bob Mueller, to talk to him about it. And so, asa
- compromise, I offered a 45-day detail.
- And so I joined his team for' 45 days to sort of help them stand
- it up, with the understanding that he wanted me, he wanted me full time.
- He -- he, you know, thought I had something to add. But at the end
- of the 45 days, I just -- you know, I just -- despite, you know, it
- being an impressive crew that he assembled, wanted a life back.
- Mr'. Ratcliffe. Thank you.
- Mr. Jordan. Thank you, John.
- Ms. Page, I just want to understand some basics. Did you report
- directly to Mr'. McCabe or did you report to Jim Baker and then had some
- kind of special arrangement? How did it work?
- Ms. Page.. I reported directly to Mr. McCabe. I stayed in close
- touch with Jim Baker. I mean, we worked together very, very closely,
- but I would say I considered --
- Mr. Jordan. Was it aspecial arrangement? I mean, you'r‘epar't
- of the general counsel, part of the FBI General Counsel Office, but
- it was a special arrangement where you worked directly for, MP. McCabe?
- Ms. Page._ Essentially, yes. I -- in the minority testimony, I
- had worked for, Mr. McCabe when he was the Executive Assistant Director,
- for, the National Security Branch. So when he took that job on, it was
- COMMITTEE SENSITIVE
- ############################
- 119
- COMMITTEE SENSITIVE
- shortly after' the Snowden disclosures. Things were crazy busy, in
- terms of intelligence community reforms. And so he asked me at that
- time -- this is in September of 2013. He asked me to sort of join
- his -- his staff as counsel to kind of help support him through that,
- because it really fell in his bucket.
- And so it was already an arrangement that we had had before. And
- so when Andy -- when Mr. McCabe became Deputy Director in February of
- 2016, he asked me to sort of Join in the same kind of arrangement that
- we had had previously.
- Mr. Jordan. And did that mean that your' actual physical office
- was somewhere different from where the normal FBI General Counsel
- Office was?
- Ms. Page. That is correct. It moved a jillion times, just
- because of the way space moves, but ultimately yes.
- Mr. Jordan. Did you provide any information to r'epor'ter's,
- journalists, or' media personalities about anything related to the
- Trump-Russia investigation --
- Ms. Page. No.
- Mr. Jordan. -- in 2616, 2017, or 2018?
- Ms. Page. No.
- Mr. Jordan. Did you ever' interact with the press?
- Ms. Page. InmyofticialcapacityattheFBI? Acoupleoftimes,
- yes.
- Mr. Jordan. And can you tell me who you interacted with and when
- those occurred?
- COMMITTEE SENSITIVE
- ############################
- 120
- COMMITTEE SENSITIVE
- Ms. Page. So there's the one that's the subject of the IG
- investigation or the IG report about Mr. McCabe that I'm not -- I don't
- think I should get into here. It's a criminal referral now.
- And then I was asked --
- Mr. Jordan. So you can't -- are you saying you don't want to tell
- me when or who or neither?
- Ms. Page. No, no. So it's the -- it's the -- it'sthe Devlin
- Barrett Washington Post in the late October' timeframe.
- Mr. Jordan. I know which within you're --
- Ms. Page. Yeah, yeah. So, I mean, I was obviously involved in
- that. And then in early 2917, I was asked to -- so the Clinton case
- was sort of over' and there were a number, of outlets who were seeking
- to write like the comprehensive story of the Clinton case.
- And so Mike Kortan, who is the head o-F public affairs, was engaging
- with a number of them to kind of figure out who would sort of tell the
- big story. And then there were a number of other outlets that were
- doing it anyway. And so I worked with Mike on, I don't know, two or
- three maybe Clinton stories.
- Mr. Jordan. Did the press ever' -- I'm sorry. Did the press ever
- approach you and give you any information?
- Ms. Page. Not that I recall. I don't think so.
- Mr. Jordan. Okay. I've just got a list of names I want to pun
- past you and ask if you've communicated with any of these individuals.
- Did you ever' communicate with Chr'istopher' Steele?
- Ms. Page. No.
- COMMITTEE SENSITIVE
- ############################
- 121
- COMMITTEE SENSITIVE
- Mr. Jordan. Richard Dearlove?
- Ms. Page.gy I'm sorry, I didn't hears you, sin.
- Mr. Jordan. Richard Dearlove.
- Ms. Page. No.
- Ms. Jeffress. Can we Just consult for, one moment?
- (Discussion off the record.]
- Ms. Jeffress. Go ahead.
- Mr. Jordan. Joe Mifsud?
- Ms. Page. I'm sorry?
- Mr. Jordan. Joe Mifsud. Joseph Mifsud.
- Ms. Page. Joseph Mifsud, no.
- Mr. Jordan. Alexander Downer, have you ever' talked with him?
- Ms. Page. No.
- Mr. Jordan. Have you ever talked with Glenn Simpson?
- Ms. Page. No.
- Mr. Jordan. Have you ever' visited or talked with Nellie 0hr?
- Ms. Page. Yes.
- Mr. Jordan. Can you tell me about those conversations and when
- they took place?
- Ms. Page. Yes. Bruce 0hr was my first boss at the Justice
- Department.
- Mr.Jordan. IwasaskingyouaboutNellie,butyoucantalkabout
- Bruce as well.
- Ms. Page. I have to get to Bruce -- I have to get to Nellie
- through Bruce.
- COMMITTEE SENSITIVE
- ############################
- 122
- COMMITTEE SENSITIVE
- Mr. Jordan. Got it, okay.
- Ms. Page. Because the only time I've ever" spoken to her was in
- the context of a summer' barbecue that Bruce held for, the officein,
- I don't know, 2011 maybe, summer' of 2011.
- Mr. Jordan. Sto were you pretty close with Bruce 0hr?
- Ms. Page. No. He was my boss. It was for, the whole office.
- Mr. Jordan. Bruce 0hr had it for your' office?
- Ms. Page. So I was a prosecutor at the Justice Department from
- 2066 to 2012.
- Mr. Jordan. Okay.
- Ms. Page. And that entice -- for, almost that entire time, at
- least until maybe early 2000 -- or middle of 2012, Bruce Ohr, wasmy
- supervisor.
- Mr. Jordan. Got it.
- Ms. Page. He was the chief of the Organized Crime and
- Racketeering Section, and I was a line prosecutor. And so in the --
- Mr. Jordan. You worked for, Bruce 0hr for, how long, again, I'm
- sorry, Ms. Page?
- Ms. Page. He was in that position for, I think 5 of the 6 years
- that I was there, I think.
- Mr. Jordan. Okay.
- Ms. Page. Maybe 5 and a half, I don't know. So in that -- in
- that context, he had -- you know, he would have like a summer barbecue
- for his --
- Mr. Jordan. Got it.
- COMMITTEE SENSITIVE
- ############################
- 123
- COMMITTEE SENSITIVE
- Ms. Page. -- staff and employees, and so I met Nellie at that.
- Mr. Jordan. Okay. Did you ever talk with Cody Shearer?
- Ms. Page. who?
- Mr. Jordan. Cody Shearer.
- Ms. _P_age_. No.
- Mr. Jordan. Did you ever' communicate with Cindy Blumenthal?
- Ms. Page. No.
- Mr. Jordan. Okay. How about Victoria Newland in the State
- Department?
- Ms. Page. No.
- Mr. Jordan. All right. I want to ask you a little bit about
- travel. Did you travel much with your' current -- with your' timeat
- the FBI working for Mr. McCabe, did you travel abroad much?
- Ms. Page.. No.
- Mr. Jordan. Did you travel abroad any?
- Ms. Page. Abroad, once.
- Mr. Jordan. And where to?
- Ms. Page. -
- Mr. Jordan. And what were the dates of that travel?
- Ms. Page. —
- -
- Mr. Jordan. And that was for, official business?
- Ms. Page. Yes.
- Mr. Jordan. Can you tell me what you did in - while you were
- there in early -.t
- COMMITTEE SENSITIVE
- ############################
- 124
- COMMITTEE SENSITIVE
- Ms. Page. I can't do that, sir. I'm sorry.
- Mr. Jordan. Pardon?
- Ms. Page. I can't -- on advice of FBI counsel, I can't go into
- that detail.
- Hc. Jordan. You went to - in early - Did
- anyone travel with you, anyone else from the FBI?
- Ms. Page. Yes.
- Mr. Jordan. Who? Did Bill Pr'iestap?
- Ms. Page. Bill Pr'iestap did not.
- Mr. Jordan. If you can tell me who. Want me to guess?
- Ms. Page. So I'm trying to count the right number, of people.
- 1t'seitherHourifiuetother's,buta11aneGS-15sorxbe1owso --except
- for, Pete. I'm sorry, Pete was there, but --
- Mr. Jordan. Peter Strzok and then four, or five others?
- Ms. Page. No, no, no. Ne, Pete, and three others, Ibelieve.
- Mr. Jordan. And can you give me their names?
- Ms. Page. I cannot, sir.
- Mr. Jordan. And why can't you?
- Ms. Page. Because I've been instructed that GS-15s and below,
- we're not providing those names.
- Mr. Jordan. Okay. And that was the only time you traveled to
- -?
- Ms. Page. That is correct.
- Mr. Jordan. All r'ight. I want to just give you something that
- I brought up with Mr. -- with Mr. Strzok yester'day, if I could. This
- COMMITTEE SENSITIVE
- ############################
- 125
- COMMITTEE SENSITIVE
- is an email that you and he exchanged back and forth. If we can pass
- that down. I've got several copies there. I don't know if you've been
- labeling exhibits, if the staff has or whatever, so I don't know what
- number' or letter, this would be.
- If you could just take a look at that, Ms. Page. Are youfamiliar
- with this email exchange from January 19th, 2017?
- Ms. Page. I mean, I have no recollection of it, but I see it
- before me.
- Mr. Jordan. Okay. So I just want to read what Agent Strzok sent
- to you. He says: Comparing now. The set is only identical to what
- McCain had. It has differences from what was given to us by Corn and
- Simpson. And the subject line is: BuzzFeed is about to publish the
- dossier'.
- Do you know who Mr. Corn or -- do you know who Corn and Simpson
- are?
- Ms. Page. I'm sorry. I'm super' confused from where we all
- landed on this yesterday, because it went round and round. Can FBI
- counsel tell me what the parameters are on this?
- [Discussion off the record.]
- Ms. Page. I'm sorry. I do know the names Corn and Simpson, yes.
- Mr. Jordan. You know their first names?
- Ms. Page. Glenn Simpson, David Corn.
- Mr. Jordan. And that's who this is r'efer'r'ing to, this email?
- Ms. Page. Yes, I assume so.
- Mr. Jordan. Okay. Can you Just tell me, because I didn't quite
- COMMITTEE SENSITIVE
- ############################
- 126
- COMMITTEE SENSITIVE
- getthissquar'eyester'day. Tt1ookstome1ikeinthisparsticu1ar'email
- that there are a couple versions of the dossier, at least parts of the
- dossier. There's the set that BuzzFeed is about to publish which,
- according to Mr. Strzok's email, is identical to what was given to the
- FBI by Mr. McCain, Mr. McCain's staff -.. Senator, McCain's staff, I
- should say. And then there's this other' one that you're getting from
- David Corn and Glenn Simpson, which is the dossier, but different. Is
- that how you read it?
- Ms. Page. I think so, but honestly, I didn't have a ton to do
- with it, so I don't -- that seems right to me, but I r'eally don't know,
- because I wasn't really substantively involved with this.
- Mr. Jordan. Have you read the dossier? Did you read the dossier,
- while you were wor'king on this case at the FBI?
- Ms. Page. So let me -- I guess I just want to clarify. I know
- that the press has called the sort of set of reporting that -- that
- was released on Buzzfeed and other, outlets the dossier. what we have
- are a set of r'epor'ts from a source, obviously now well-known.
- Mr. Jordan. Yes.
- Ms. Page. So I did read some, but not all of the reports that
- we received from Christopher' Steele.
- Mr. Jordan. when was the -.. when did you first read the reports
- from Christopher' Steele?
- Ms. Page. I think we got them on the team in mid -- in mid to
- late September. So --
- Mr. Jordan. That's the first time you'd read them?
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 127
- Ms. Page. Yes.
- Mr. Jordan. Mid to late September. Okay, thank you. I know
- we're out of time, but I did want to circle back with one. Do you
- communicate -- did you communicate with anyone at the State Department
- on any type of regular basis or on any basis in the course of this
- investigation?
- Ms. Page. In the course of Russia or Midyear?
- Mr. Jordan. Both, but mostly Russia is I guess what I'm focusing
- on.
- Ms. Page. No, no on Russia. 0n Midyear, I had a couple of
- conversations, I don't know, I'd say three or fewer, where we were
- trying to get classification decisions out of the State Department in
- order to sort of finalize certain things. They were very slow in kind
- of going through the classifications needed so that for, us to make an
- assessment about whether there was classified information or not.
- And so I was on probably one or two or three at the absolute most
- conference calls with people at State, but that's the extent of it.
- Mr. Jordan. And you don't recall the names of individuals you
- spoke with in?
- Ms. Page. Not right now, no.
- Mr. Jordan. Okay. I think we're out of time, but thank you, Ms.
- Page. f
- [Recess.]
- COMMITTEE SENS IT IVE
- ############################
- 128
- COMMITTEE SENSITIVE
- [5:20 p.m.]
- Ms. Kim; We're going back on the record. The time is 5:20.
- Ms. Page, I'd like to return to the text messages. For eachone
- that I'll return to, I will try to introduce it as an exhibit.
- So I think this is actually the first formal exhibit we're
- introducing in three rounds of questioning. So I'll mark as exhibit 1
- a text message from July let, 2016.
- [Page Exhibit No. 1
- Was marked for, identification.]
- BY MS. KIM:
- Q Itfs about: I have no idea how destabilizing his Presidency
- would be.
- So I'll direct you to the text, eight texts from the top. It's
- where you text Mr. Strzok an article link with the title, "Donald Trump
- Sets Conditions for Defending NATO Allies Against Attack." And you
- attached your" personal comments, quote: "This is really shocking."
- Can you explain this text?
- A Yes. So I don't remember the article, but just based on the
- context of the -- on the message here, you know, it's essentially
- talking -- I mean, the sort of whole notion of the NATO alliance is
- an attack on one, it's an attack on all. And so the prospect of in
- any way diminishing or diluting that alliance is extraordinarily
- concerning. And so, obviously, I'm Just quite shocked by the prospect
- of what I presume is explained in this article.
- Q You spoke earlier about your' general experience dealing with
- COMMITTEE SENSITIVE
- ############################
- 129
- COMMITTEE SENSITIVE)
- Russia, the country, as a threat. Can you explain in that context why
- the NATO alliance is important?
- A I mean, the NATO alliance is one of the sort of primary forces
- which holds Russia in its sort of hegemonic-seeking, you know, pursuit
- of dominance in check.
- Q So in your' view, would it be a major diplomatic shift for a
- candidate to state that he would impose new conditions for defending
- NATO allies against attack?
- A Yes, very much so.
- Q So around 10 minutes after you sent that article, you texted
- Mr. Strzok another' article link. It looks like it is entitled, "How
- Donald Trump Picked His Running Mate." And you also appended a
- personal commenther'e, quote: "This campaign is like watching atnain
- wreck happen over, and over' and over' again."
- So let me just give you the context for that article. It was
- published on July 20th, 2616, in The New York Times. I think the most
- widely publicized excerpt from that article reads: Donald Trump
- wanted to make a senior adviser' to John Kasich an offer nonetheless.
- Did John Kasich have any interest in being the most powerful Vice
- President in history? when Kasich's adviser, asked how this would be
- the case, Donald Jr. explained that his father's Vice President would
- be in charge of domestic and foreign policy. Then what, theadviser
- asked, would Trump be in charge of? Quote, "making America great
- again,' unquote, was the casual reply.
- Does it concern you that Donald Trump Jr. was offering Vice
- COMMITTEE SENSITIVE
- ############################
- 130
- COMMITTEE SENSITIVE
- Presidential candidates the portfolio of domestic and foreign policy
- so the President could focus on making America great again?
- A It r'epr'esents a certainly different model for how the
- executive branch is typically pun.
- Q I think that's an accurate statement.
- So then I think, let's turn back to your' text exchange with
- Mr. Strzok.He responded to these articles, quote, "Trump is a
- disaster'. I have no idea how destabilizing his Presidency would be."
- Can you explain to me how you understand Mr. Strzok's text?
- A I mean, I think it is in large part a reference back to the
- sort of conditions for defending NATO allies. As I said, I mean, NATO
- r'epr'esents one of the sort of primary checks against Russian expansion
- of power'. And so changing conditions for NATO is destabilizing to the
- wor,1dtmden,andIthinkthat'sentine1ywhathistextmessager'ef1ects.
- Q So, again, what did you understand would be destabilized
- through Mr. Trump's potential Presidency?
- A The world.
- Q The world. Thank you.
- [Page Exhibit No. 2
- Was marked for, identification.]
- BY MS. KIM:
- Q The next text that I'd like to discuss with you is what I'll
- introduce as exhibit 2. It's a March 3rd, 2016, text exchange. You
- talked about this briefly. It's from the evening of March 3rd, 2916,
- when FOX News hosted a Presidential primary debate with the four,
- COMMITTEE SENSITIVE
- ############################
- 131
- COMMITTEE SENSITIVE
- remaining candidates.
- I'd like to read you a CNN article published about that debate.
- A Okay.
- Q It's entitled, "Republican Debate Turns Early." It was
- published the very next day, on March 4th, 2016. And it reads: Donald
- Trump opened the GOP debate here by boasting about the size of his
- genitals. He responded to recent comments from Marco Rubio in which
- the Florida Senator, joked about the size of Trump's hands and said,
- you know what they say about men with small hands.
- 0n the debate stage, Trump stretched his hands out for the
- audience to see, then insisted that the suggestion that, quote,
- "something else must be small," unquote, was false. quote, "I
- guarantee you there's no problem," unquote, Trump said to howls from
- the audience at the FOX debate.
- Do you remember this moment from the debate?
- A I do.
- Q And do you remember what your" reaction was to this subject
- being discussed at a presidential primary debate?
- A I mean, it's just not the dignity befitting a candidate
- running for President. And to be clear', I am not a particularly
- prudish -- obviously, I use plenty of harsh language, but it'sjust
- beneath the dignity of the office.
- Q So four, texts down on the exhibit I gave to you as exhibit 2,
- you said, "God, Trump is a loathsome human."
- Do you think this comment from Mr. Trump might have been part of
- COMMITTEE SENSITIVE
- ############################
- 132
- COMMITTEE SENSITIVE
- what you're responding to in saying he was loathsome?
- A It certainly may have been. I don't know. I mean, we are
- essentially like live texting, for, lack of a better description, and
- so I don't know whether, it was that reference or some other' thing that
- I found offensive. But it's entirely possible that it's that.
- I think this might have also been the one where he like engaged
- in like personal name calling, and I'm just not a -- I'm not a fan of
- bullying. I think it -- I -- and so the notion that you would also
- have somebody who essentially bullies opponents, you know,
- disagreement is one thing.
- So it could have been that, too, but I'm just speculating at this
- point.
- Q Thank you.
- I think there's a quote that we can discuss, engage with more
- directly that seems to be more directly on this topic.
- So four texts from the bottom of the page, you said: Also, did
- you heap him make a comment about the size of his -- I'm assuming that
- is dick -- earlier? This man cannot be President?
- Were you stating that you personally intended to take official
- actions to stop Donald Trump from becoming President?
- A No.
- Q Were you stating that the FBI should take official actions
- to sabotage Donald Trump's Presidential campaign?
- A No.
- Q What did you mean?
- COMMITTEE SENSITIVE
- ############################
- 133
- COMMITTEE SENSITIVE
- A Well, and also to be clear', there is no investigation at this
- point.
- Q That's correct.
- A This is -- so there's -- there is nothing. Nothing exists.
- This is just a reflection of my personal, private opinion thatthis
- person does not have the fitness to hold this office.
- Q And in clarification, you did not mean at this -- at this
- point, the Hillary Clinton investigation was open. Is that correct?
- A That's correct, yes.
- Q But you were not evincing any kind of determination to help
- Hillary Clinton at the cost of Donald Trump, were you?
- A No. And at this point, Donald Trump is also not the
- candidate. And as I sort of stated earlier -- no. I'll Just leave
- it there. No.
- Q Thank you.
- There has been much made of a comment from Mr. Strzok, I think
- four, texts above that one. It's the one where MP. Strzok wrote: God,
- Hillary should win 186 million to zero.
- A Right. So that has to actually be taken in context of the
- prior text.
- Q Yes.
- A And so, I mean, this is not particularly kind, but we're Just
- making fun of him, night, because he's calling the EPA, the
- Environmental Protection Agency, the Department of Environmental
- Protection.
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 134
- And so, yes, this is probably snobby and snarky of us, but it's
- simply like, great, the dude's r'unning for, President and hedoesn't
- know what the name of one of his Cabinet agencies is.
- And so the "she should win 160 million to one" is not like his
- personal view. It's Just this guy doesn't know government. He
- doesn't knOW'the name of an organization that he's going to be in charge
- of. This should be an easy defeat.
- So it's not necessarily about like him personally. It's
- Just -- I mean, I guess it is -- but it's a reflection of him not knowing
- the name of the EPA.
- Q Got it. Thank you.
- [Page Exhibit No. 3
- Was marked for, identification.]
- BY MS. KIM:
- Q I'd like to turn to a February 13th, 2816, text exchange.
- We'll introduce it as exhibit 3.
- So the third text on this page is where you wrote Mr. Strzok,
- quote: "I'm no pnude, but I'm really appalled by this. So you don't
- have to go looking, in case you hadn't heard, Trump called him the P
- word.“ I believe by "him" you're referring to Senator, Cruz. "The man
- has no dignity or' class. He simply cannot be President.“
- And in that text you said Mr. Strzok will link to a New York Times
- article from February 16th, 2016, entitled, "with a Slur for Ted Cruz,
- Donald Trump Further Alienates Voters."
- Do you remember this text?
- COMMITTEE SENSITIVE
- ############################
- 135
- COMMITTEE SENSITIVE
- A I do.
- Q Were you or are you a personal political suppor'ter' of Ted
- A No.
- Q So when you wrote that you were appalled by Donald Trump
- calling Ted Cruz a vulgar' name, were you expressing a personal political
- view or were you just expressing your' anger' at a Presidential candidate
- using a slur at a public rally?
- A I mean, it's both a slur and it's a -- again, a slur sort of
- that's beneath the dignity of the office. I mean, my hope for, all
- Presidential candidates, irrespective of party, is that it ls somebody
- who you can have your' children look up to and for, whom you can simply
- say, even where you disagree, that this is a person who's doing their,
- best and trying their, best and is a good person. And I think that there
- is no place for, slurs and just bullying, which is what this reflects.
- Q Republicans have taken the quote "he simply cannot be
- President" out of context and use it to suggest that you intended to
- stoer. TrumpfrombecomingPresident. Canyouexplainwhatyoumeant
- by "he simply cannot be President"?
- A It's just my view that -- like how could we
- possibly -- again, we, as a country, not we, the FBI, that -- I would
- have had -- I wanted somebody whose demeanor and decorum I couldbe
- proud of.
- Q And you were expressing that view that someone using
- polarizing and demeaning rhetoric against his opponents shouldn't
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 136
- assume our Nation's highest office?
- A That's correct.
- Q And you were not expressing the desire or intent to take
- official action against Donald Trump?
- A Well, there's not even -- yes, that's correct in all cases.
- But for, what it's worth, there's not even an investigation open with
- respect to collusion in his campaign at this point.
- Q Thank you.
- I'll turn now to an August 6th, 2016, text message. This isthe
- text message where you talk about "that menace."
- So I think you mention this in passing, but I just want to explore
- a little bit more. In this exchange, front to back, you are discussing
- whether Mr. Strzok will be getting a promotion. Is that correct?
- A Not getting a promotion, but sort of staying in place long
- enough in or'der' to be eligible for, a promotion.
- Q Got it .
- And if you look on the second page, I believe, the top message
- says: AndmaybeyoujemeanttostaywhePeyouar'ebecauseyou'r'emeant
- to protect the country from that menace.
- You were --
- A Do you have that article that follows? I didn't actually
- notice ever, that I'm referring to something.
- Q Yes. The article is about -- it's an op-ed about howTrump's
- enablers will finally have to take a stand.
- A No, I see that from the title. But do you have any idea what
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 137
- the content is?
- Q I believe it is talking about the fecklessness of the
- Republican Par'ty in standing up to the candidate.
- A Okay.
- Q Would it be helpful to see that article to discuss this?
- A No, it's okay. I Just wasn't sure if it would sort oftrigger, any
- further memories about what I was really thinking. But it's not a big
- deal.
- Q Okay. Well, if it helps, on Monday we can show you the
- article.
- A Okay.
- Q I think that's fine.
- But,youknou,rthinkyouvgerecomingonmu1tip1einterp'etations
- of the word "menace," and I Just wanted to give you an opportunity to
- state conclusively for us, did you mean the menace was Donald Trump?
- Was the menace the fact that Russian attempts at collusion could then
- result in access to the Oval Office? Can you explain to us a little
- bit what you mean?
- A I really can't do a better' job than I tried earlier‘, honestly.
- I don't -- I'll look at the article, maybe it will remind me of
- something, over, the weekend.
- But it's -- look, it's clean I was not particularly fond of him
- for all the reasons that I've already described.
- But there is no question in my mind that the risk and the
- possibility that somebody -- like, look, in the -- not the very worst
- COMMITTEE SENSITIVE
- ############################
- 138
- COMMITTEE SENSITIVE
- case scenario, but in the middle worst case scenario you have someone
- affiliatedwithhiscampaign --let'sassumethatthecandidatehimself
- is unaware, which is a perfectly reasonable assumption -- but you have
- somebody affiliated with his campaign who is working perhaps purposely
- with the Russian Government.
- And that is an incredibly terrifying prospect, particularly if
- it was somebody close, particularly if it was somebody who might
- be -- who might take official position, you know.
- So I don't -- I don't really have a better -- a better' explanation
- at this point. I'm sorry.
- Q No. That's very clarifying. Thank you.
- The text two texts below that one says -- it's from
- Mr. Strzok -- it says: Thanks. It's absolutely true that we're both
- very fortunate. And, of course, I'll try to approach it that way. I
- just know it will be tough at times. I can protect our country at many
- levels.
- I think this is still in the context of Mr. Strzok discussing
- whethephewi1lpursuepPomotionor'not. Canyouexplainwhatyoumeant
- Mr. Strzok to mean by protecting our country at many levels?
- A So I'm not ..- I mean, I'm not totally sur'e. I just -- I think
- that we are both kind of reflecting in general on how fortunate we ace.
- We both have Jobs that we absolutely loved with our whole hear't, that
- literally both of us were the kind of people who never' -- you know,
- occasionally have a bad day -- but like I have never' not liked going
- to work. Like the FBI is an awesome place, and he feels the same way.
- COMMITTEE SENSITIVE
- ############################
- 139
- COMMITTEE SENSITIVE
- And so I think that this is Just a reflection of like, there are
- no bad choices here. You know, there is no wrong move. You are good
- at what you do. You will do well wherever you ape.
- I don't -- I don't know that I see it as particularly tied to the
- Russia investigation. I Just think it's like: You're going to do
- good. You're good at what you do. Like, he worries. He overthinks.
- And so I think that this is just a like, you know, an attempt to sort
- of -- there are no wrong choices here.
- Q Yes. So that's whether he remains in his current position
- or he does something else to try to get a promotion?
- A Correct.
- Q At either, level he would be doing something he loves?
- A The country is winning because he is protecting it from
- foreign threats.
- Q And in the next text you say: I know it will too, but it's
- just a job, it's not a reflection of your' worth on quality or smarts.
- Does that add any context to what you were talking about?
- A Yes. So, right, we're both smart, hardworking people, but
- we both have a lot of self-doubt. And so this is a reflection of -- and
- not to intrude too much in his own personal business -- but this is
- a reflection of like: Do I put in for it? What if I don't get it?
- And like, you know, Just like sort of the insecunitythat comes, I think,
- with taking a chance at something that maybe is a little bit of a peach.
- And so this is me just trying to sort of remind him that like a
- job is a job, you are good at what you do, it doesn't matter whether,
- COMMITTEE SENSITIVE
- ############################
- 140
- COMMITTEE SENSITIVE
- you get this or not. You are still -- you know, it's not a reflection
- of your' worth or your' quality Ot' your' smarts.
- Q That makes sense. Thank you.
- [Page Exhibit No. 5
- Was marked for identification.]
- BY MS. KIM:
- Q I'd like to introduce a text message that I will label as
- exhibit 5. It is from May 3rd, 2016 -- May 4th, excuse me.
- So on the evening of May 3rd,’ 2016, you and Mr. Strzok apparently
- texted about the events of the day, which was that Ted Cruz had dropped
- out of the Republican primary, which made Donald Trump the presumptive
- Republican candidate.
- Sixth text from the bottom you wrote, quote, "And holy shit. Cruz
- just dropped out of the race. It's going to be a Clinton-Trump Pace.
- Unbelievable. "
- About a minute later' Mr‘. Str‘zok responded, in the text second from
- last, "Now the pr'essur'e really starts to finish MYE."
- Can you tell us what you understand this statement to mean?
- A Yes. So the Director, was -- you know, certainly by May, the
- Director, was very clean that like he wanted this case finished as fan
- out as possible from the sort of political process as possible. And
- so we knew equivocally, you know, he wanted it done before the
- conventions, you know, to the greatest extent possible. If it wasn't
- possible, it wasn't possible.
- But he wanted us out of the political process. He wanted it done.
- COMMITTEE SENSITIVE
- ############################
- 141
- COMMITTEE SENSITIVE
- He wanted it resolved so that people could make their, decision knowing
- what we had found with respect to hen. Of course, we never" in
- a million, zillion, jillion years could have anticipated that -- you
- know, what would come. But we -- he wanted us out of the sort of active
- political process that was happening.
- And so now it's a two-party pace, night? Before -- while there's
- still candidates and there's still primaries that ace sort of going
- on, you know, it's obviously still the political process, but like now
- we have a contest.
- And so it very much for the whole team kind of upped the pressure
- to like, we've got to get this -- like now we have atwo-party pace
- now. Like the pressure really increases to finish this investigation.
- Q So the pressure comes from the fact that the general election
- campaign essentially started --
- A Correct.
- Q -- when Ted Cruz dropped out.
- A Correct.
- Q And can you also remind me of where the investigation was
- at this stage in May 2616? You stated earlier that in this
- timeframe --
- A I mean, we had not seen sufficient evidence to be able to
- charge Secretary Clinton with anything at this point, and so the
- challenge was we still had investigative work to do. The work that
- was left was not necessarily of a kind that we thought was goingto
- change the determination.
- COMMITTEE SENSITIVE
- ############################
- 142
- COMMITTEE SENSITIVE
- But like nobody -- just to be clear, like nobody had a closed mind.
- This is not like the Pete and Lisa show about Hillary Clinton. This
- is every single -- there ace four case agents, there are a slew of
- analysts, there arefive pr'osecutor's. I mean, so this is not -- this
- is the collective assessment of every person on the team.
- And so we just were -- again, it was just a reflection that like
- we want out of this. So far, there's not anything that's going to
- suggest that we are going to be able to charge hen with anything, and
- so we've got to do this night but we've got to do this fast. So now
- like we need to close all the loose ends that ace sort of hanging.
- Q So you're not talking about pressure to stop taking valid
- investigative steps or pressure to come to a certain conclusion. Is
- that correct?
- A No.
- Q And you're not talking about pressure to curtail the
- investigation in any substantive way?
- A No.
- Q Did you ever' feel that the FBI had to compromise on its
- investigative strategy because of the timing?
- A No.
- Q And in your' view, did the FBI take all necessary and prudent
- steps it needed to in this investigation?
- A Yes, definitely.
- COMMITTEE SENSITIVE
- ############################
- 143
- COMMITTEE SENSITIVE
- [Page Exhibit No. 6
- Was marked for identification.]
- BY MS. KIM:
- Q I'd like to direct you to the next text message, from
- July lst, 2916. I'll mark it as exhibit 6.
- So I believe you discussed this with the majority earlier. I'll
- direct you to the seventh text on the page, where Mr. Strzok wrote to
- you: "Holy cow, NYT breaking Apuzzo" -- I assume by "Lync" he means
- "Lynch" -- "will accept whatever rec D and career pr'osecutor'smake.
- No political appointee input."
- Now, this text was several days after, the June 27th meeting
- between Attorney General Loretta Lynch and former, President Bill
- Clinton on the tarmac of the Phoenix Airport. To the best of your'
- understanding, was this text about Loretta Lynch's announcement on
- July lst that she would accept the recommendation of the FBI and the
- career prosecutors in this case?
- A Definitely, yeah. Our, phones are terrible, and they auto
- correctconstantly,usuallywithfakewords. So"Lync"isprettygood.
- Q Mr. Strzok and you in this exchange both expr'essed
- displeasure about the timing of this announcement. So he wrote, two
- texts down from the one that I Just referred to, he said: "Timing looks
- like hell. will appear' choreographed."
- Can you explain what that concern was?
- A Yeah. So we, the FBI, know that the Director is making a
- statement in 4 days. Obviously, the Justice Department doesn't know
- COMMITTEE SENSITIVE
- ############################
- 144
- COMMITTEE SENSITIVE
- this. And so this is a reflection of us like, ugh, hen -- number, one,
- hen saying this makes it look like -- you know, the whole purpose of
- us doing this on our own was to be independent and to show like we're
- not -- you know, we know the Justice Department agrees with us because
- we are lockstep every step of the way.
- So it's not as though -- I guess that is a point I didn't really
- clarify earlier -- it's not as though we are usurping the pole of the
- Justice Department in making a prosecutorial decision, because we know
- the Justice Department is going to agr'ee not to prosecute, because we
- have worked in tandem with the Justice Department at every single step
- at every pant of the investigation.
- So it's not really fair -- yes, it's obviously atypical for, him
- to have made the statement on his own, but I really disagree, especially
- at the time the sort of commentary that it was like a usurpationof
- a pPosecutor"1a1 function, because he wasn't usurping anything.
- Number one, he was saying, we -- you know, it's our' recommendation
- that there's no prosecution. And, in fact, he was giving the Justice
- Department cover' by saying no reasonable prosecutor would bring this
- case.
- He is literally saying they're not being sleazy, political
- scumbags by not bringing this, me, Jim Comey, with all my, you know,
- in all my glory, I'm telling you no reasonable prosecutor' would bring
- this case. I mean, it was really designed to insulate the Justice
- Department, not sort of usurp some righteous authority.
- So back to your' question, what he' s saying is like, ugh, this makes
- COMMITTEE SENSITIVE
- ############################
- 145
- COMMITTEE SENSITIVE
- it sound like we ace in some way working with or' working in tandem with
- respect to the July 5th statement, because, again, we know the
- statement's coming, the Justice Department doesn't. And so that's
- what that's a reflection of.
- COMMITTEE SENSITIVE
- ############################
- 146
- COMMITTEE SENSITIVE
- BY MS. KIM:
- Q Earlier you were discussing with the majority the back and
- forth between D03 and FBI about what statute to char'ge under. You just
- told me that no reasonable -- as Jim Comey said, no reasonable
- prosecutor would change under this case. Do you remember if the
- Justice Department explicitly ordered or directed the FBI not to change
- under the gr'oss negligence statute?
- A It doesn't really work that way. You're sort of framing it
- in too formala way. We had multiple conversations about whether the
- facts and the evidence gathered to date was sufficient to make out a
- change of gross negligence and, more importantly, to prove beyonda
- reasonable doubt that she was grossly negligent in hen handling of
- classified material.
- And the Justice Department's explanation was that both, A -- and,
- again, there might be more depth to this, but this is just all I know,
- but that it was -- that the statute was constitutionally vague and had
- only been changed once, either' not at all or once in like 106 years.
- And I had a B, and I don't remember what it is now. But, more
- importantly, I think, you also have to be sort of reasonable and
- thoughtful about what we're talking about here.
- You better, have a super' airtight case if you are about to change
- a presidential candidate with anything, you know. It doesn't really
- matter what we're talking about. And so the prospect of bringinga
- change even if potentially you had the elements, which I'm not certain
- that we did, but even if you had the elements on a statute that has
- COMMITTEE SENSITIVE
- ############################
- 147
- COMMITTEE SENSITIVE
- either, never' been tested or is -- the assessment of the Justice
- Department is that it is potentially an unconstitutional statute, which
- is why it hasn't been charged, that's just -- I mean, nobody would do
- that.
- Q So I thinkthat's helpful. I Just want to understand then,
- so it wasn't the Justice Department giving any kind of formal or
- informal order to the FBI not to charge under gross negligence?
- A But you're misunderstanding. We don't charge anything.
- The FBI does not bring charges.
- Q Understood.
- A So the FBI investigates a case and then refers it to the
- Justice Department for, changes. So if something was going to be
- charged, it is the Justice Department who decides to charge that.
- During the course of an investigation, the Justice Department
- might be advising the FBI that I think that we'll be able to make out
- a, you know, wire fraud case, so these are the types of evidenceto
- look for. Oh we might be able to make out a terrorism case and so we
- need to have the person say this or" whatever.
- But so, you know, that sort of back and forth consultation
- happens, but the FBI does not bring charges. The Justice Department
- brings charges, and it was the Justice Department's assessmentthat
- they did not have -- whether they had -- I don't know whether they had
- evidence or not of gross negligence but that gross negligence was not
- available as a statute to bring because it's -- of its constitutional
- vagueness and its untestedness in court.
- COMMITTEE SENSITIVE
- ############################
- 148
- COMMITTEE SENSITIVE
- Q I understand that. Let me try this another, way maybe.
- A Okay. Sorry.
- Q So let's say it had been a 50/50 shot whether, the gross
- negligence statute should or should not be applied. Let's say itwas
- a closer question than the one that was at hand here.
- A Okay. Based on the evidence?
- Q Based -- maybe we're talking about a different statute that
- sometimes it's brought and sometimes it's not. In Jim Comey's opinion,
- in the opinion of Jim Baker, in your' opinion, in the Office of OGC's
- opinion, it had been a sound statute to bring the case under.
- A Okay.
- Q But the Department of Justice had simply disagreed with the
- FBI. Does the FBI have the ability to recommend charges?
- A The FBI has the ability to recommend charges.
- Q Yes.
- A The FBI has no ability to bring charges or to require or force
- charges to be brought, night. So just to like use a hypothetical so
- we're not talking aboutsomething confusing. ble are investigatinga
- wire fraud case -- wipe fraud is not a good example. We're
- investigating a bank robbery. The FBI thinks that Susie is the bank
- robber. We're not great. It's -- the evidence is kind of close
- because Mary was there too, and they look pretty similar and whatever.
- There's other' evidence that suggest it's Mary or Susie. We feel like
- it's Susie, we want Susie changed, we go to the Department, we lay out
- all the evidence. If the Department doesn't think they can prove that
- COMMITTEE SENSITIVE
- ############################
- 149
- COMMITTEE SENSITIVE
- Susie committed the bank robbery beyond a reasonable doubt, that case
- ain't getting brought, doesn't matter, what the FBI does.
- Q That makes sense. And I apologize for sending us into the
- fantasy land of hypotheticals.
- A No. No. That's okay.
- Q But let me just bring it back here. I think the allegation
- at hand is that the Department of Justice may have instructed the FBI
- that it had no intention of changing under, a valid statute. Was that
- the case --
- A Oh.
- Q -- in the case of the gross negligence statute?
- A No.
- Q No.
- A No. Sorry.
- Q In fact, it was an antiquated statute not in use that the
- Department of Justice believed was constitutionally
- vague -- unconstitutionally vague. Is that correct?
- A That's correct. Sorry.
- Q Okay. No. No. That's all I wanted to say. I feel like
- earlier there was a colloquy where maybe questioners were left with
- the impression that the Justice Department had abandoned a valid
- bridge.
- A Oh, no, no. I don't -- it is my view -- and, again, I'm
- speaking for, the Justice Department, which is a dangerous thing to be
- doing. It is my belief that the Justice Department did not believe
- COMMITTEE SENSITIVE
- ############################
- 150
- COMMITTEE SENSITIVE
- that gross negligence was an available statute because they regarded
- it as unconstitutionally vague.
- Q Understood. Thank you.
- So returning then to this text message, when Mr. Strzok wrote to
- you that timing looks like hell, did he mean that the Department of
- Justice and the FBI were precoordinating about Director Comey's
- statement?
- A They were not.
- Q And you wrote about seven messages from the bottom of the
- page: Yeah, it's a real profile in courage since she knows no charges
- will be brought. Were you expressing the fact that Loretta Lynch had
- some kind of knowledge of the draft that Jim Comey was coming up with?
- A No. No. No. This is not a reflection of the draft at all.
- This is, as I described, I think, with the majority earlier, this is
- a reflection of my presumption that at this late stage of the
- investigation where everybody on both sides knows that there are few,
- if any, investigative steps to take that surely the attorney general
- knows that there is going to be a recommendation for, no prosecution
- in this matter.
- And so I don't -- again, I don't have actual knowledge of that.
- It is a text message. It's not designed to be a full colloquy of
- my -- entirety of my knowledge. But it is just a reflection of that
- fact that we're at the end of the investigation. She knows nobodyis
- going to be charged. So instead of just sort of -- well. I don't
- know -- that's enough, I think.
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 151
- Q Sure. So did you mean -- to be totally clear, did you mean
- that AG Lynch had directed, ordered, or otherwise interfered with the
- FBI to order that no char'ges be brought against Hillary Clinton?
- A No.
- Q I'll introduce the next text.
- [Page Exhibit No. 7
- Was marked for identification.]
- BY NS. KIM:
- Q It's Exhibit 7. August 5, 2016, text about a meeting. Let me
- direct you to about halfway down the page, a little below halfway
- down the page. Mr. Strzok wrote to you, quote: And hi. Went well.
- Best we could have expected other than, redacted, comma, quote,the
- white House is running this.
- Next text you stated --
- A Yep.
- Q -- or, sorry, next text he stated, my answer', well maybe for,
- youtheyare. Andinresponsetothesetextsyouwrote,yeah,whatever,
- re the White House comment. We've got emails that say otherwise. Do
- you remember what this meeting was about?
- A I do. But a further explanation will call for, classified
- information, so we should table that, please.
- Q So any further discussion of this text will call for,
- classified information?
- A It is about -- again, like the last time, it is about the
- broader intelligence community's investigation of Russian active
- COMMITTEE SENSITIVE
- ############################
- COMMITTEE SENSITIVE 152
- measures.
- Q And not about the specific Russian collusion investigation?
- A Definitely not. I mean, that's a reflection of like the
- White House isrunning this. My answer', well, maybe for you they are,
- right. We ape thinking about our' counterintelligence
- investigation --
- Q I see.
- A -- which the White House isn't touching, night. I'm not
- sure the White House knows about it because that's not how the FBI
- works. Theyareta1kingaboutthebroader'Russianactivemeasur'essoPt
- of intelligence assessment and sort of work that was going onamong
- the sort of large intelligence agencies, and so that's the sort of
- difference there.
- Q ' Thank you. I think that's the level of detail we needed.
- A Okay. 0kay.Great.
- Q And just to clarify, so then also the September' 2, 2016,
- text ._. I won't introduce this', but it's the one where I think
- Mr. Strzok was helping prepare Director Comey for, his meeting with
- POTUS where POTUS wants to know everything we are doing. Again, that
- was about the broader IC effort _...
- A Yes.
- Q -- not about the specific Russia collusion investigation?
- A That's correct. Although I think it's me who said that, but,
- yes.
- Q Thank you.
- COMMITTEE SENSITIVE
- ############################
- 153
- COMMITTEE SENSITIVE
- A And the "we" is like a collective we. Like, we FBI, other,
- agencies, et cetera. I'm not sur'e it's -- it's the entire intelligence
- community, right.
- Q Yes.
- A The President wants to know what's up from all of us, not
- like what the FBI is doing.
- Q Yeah. Got it. Thank you.
- Let's return or let me introduce a text you've already seen
- before. I'll mark that one as Exhibit 8.
- [Page Exhibit No. 8
- Was marked for identification.]
- BY MS. KIM:
- Q It's the one about I unleashed itwith MYE. Now I need to
- fix it and finish it.
- If you could turn to the third page actually. So it's
- double-sided, so if you -- yes. 0n the third page, four texts down,
- Mr. Stnzok wrote: Who gives an F? One more AD like, redacted, or
- whoever. An investigation leading to impeachment, question mark?
- A Right.
- Q Can you explain how you understood that text?
- A Yeah. So this is all -- I mean, I hope that you have read
- the whole rest of the excruciating detail, only because you cansee
- both of us ace going back and forth about whether, or' not to Join the
- Mue11erteam,which,asanaside,Iwi11sup1ysay,ifwewer'edesper'ate
- totakedownDona1dTrump,wewou1dbothbether'eandactiueariiou1dn't
- COMMITTEE SENSITIVE
- ############################
- 154
- COMMITTEE SENSITIVE
- have hesitated at all.
- And yet, all of these texts reflect a genuine sort of Indecision
- about what was best for, us individually, what was best for us in the
- context of our" respective families, what was best for, us
- professionally. I mean, like that is what these pages of texts all
- reflect for each of us and for, different reasons, ultimately.
- But, again, this is the sort of same thing. This is in the context
- of like -- again, and above you'll see -- if you don't mind, I would
- like to sort of go back a little bit --
- Q Certainly.
- A -- to the top of the page. This is me to him: You shouldn't
- take this on. I'm referring to Joining the special counsel team,
- night. You shouldn't take this on. I promise you, I would tell you
- if you should. And then he's trying to convince me about why I should
- stay. And then he says: Why not, re me? He says the quote -- the
- text you just read. And I say, let's just talk about it later, but
- that doesn't work obviously.
- But the point is, again, he's trying to sort of now give the
- counter' point again, which is okay, so I become another -- you know,
- I stay in place to get my next promotion. And so now I become another'
- AD, you know, the sort of assistant director, the head of a division,
- you know. Okay. That's fine. But as I described earlier, an
- investigation -.. it doesn't say which may lead to impeachment.
- Obviously, we had no idea. There's no preconceived notion here.
- There's no determination because we've talked ad nauseam about the fact
- COMMITTEE SENSITIVE
- ############################
- 155
- COMMITTEE SENSITIVE
- that we still don't know what's going on at this point.
- So, yes, it's a shorthand. The words which may or' could or
- possibly should be there, but it's Just a stupid text. And so an
- investigation leading to impeachment is simply saying like, that's a
- momentous thing. That doesn't happen a lot in American history.
- We're both nerds. We're both, you know, patriots. Being a part of
- something like that is cool. And in the same way that I said people
- who are on Watergate are still known as Watergate prosecutors whether
- they were, you know, the clerk who made the copies, like you're on
- Watergate. And so that is all that that is a reflection of.
- Q Understood.
- And then it's, in fact, shortly after that text that -- and I'm
- sorry to give you these like odd numbers. But six texts from the
- bottom, Mr. Strzok again is taking the other side now. So he's like:
- The odds could be nothing -- the odds are nothing. If I thought it
- was likely, there would be no -- I would be there no question. I
- hesitate in pant because of my sense and concern there's no big "there"
- there.
- I guess, taking those two together, do you take them to mean that
- he is inspecting the entire spectrum of different outcomes the case
- could have?
- A Yes. This is -- this whole series of texts represents
- ambivalence fon both of us, for a variety of reasons, including personal
- ones, which are obviously evident in here and so there's no reason to
- hide it. But, right, like we can't work closely on another, case again.
- COMMITTEE SENSITIVE
- ############################
- 156
- COMMITTEE SENSITIVE
- I obviously want you -- I've already joined the team, but I obviously
- want you to do what's right for, you.
- I don't necessarily intend to stay, but, of course, I'm also torn,
- as I've already sort of described, because it is, you know, an enormous
- honor, to be asked and to be a part of something sort of that's quite
- historic. 0n the other, hand, I really want to go home and be a mom
- and sort of not be gone all the darn time.
- Andsothewhole --youhavetokeepitinthecontextoftheentine
- series, which you actually have before you, which is like, yeah, I
- suppose that's right, but, God, we're a good team. Is that playing
- into your' decision to your" advice to me? And I'm saying, no, not at
- all. I just think we're both ready for, a change truly.
- You know, and then he goes to, well, then it's about the different
- realistic -- you know, this is just reflex ambivalence. This is not
- about wanting to get Donald Trump or' -- I mean, it is purely our own
- sort of personal choices and what is best For us, and as friends, trying
- to support each other in weighing what is -- what would be best For
- each of us, both personally, professionally, and all the other things
- I already said.
- Q Thank you for, going through the text messages with me. I
- know that must not have been very pleasant.
- A This is nothing.
- Q No. You know, many of these texts have been used as
- political fodder, or evidence accusing the FBI of being biassed and
- corrupt, accusing you and Mr. Strzok personally of being bias and
- COMMITTEE SENSITIVE
- ############################
- 157
- COMMITTEE SENSITIVE
- cor'r'upt. Can you just -- I'd like to give you the opportunity to
- directly respond to anything you think is missing for the record.
- A Excuse me.
- Q Let's go off the record.
- [Recess.]
- BY MS. KIM:
- q And, again, let me justexplain myself. I understand this
- is very emotional. I understand this has been an extr'aor'dinar'ily
- public trial before the IG report even came out, and I am so sorry for
- everything you've gone through.
- I would just like to give you the opportunity to put on the record
- anything that you would like to put on the record because I don't think
- you've been given that chance. I don't think that's anopportunity
- that people in your' position get.
- A No, it's not. This has been obviously the worst year of my
- life. I have unquestionably made mistakes, but those mistakes reflect
- my personal life and having bad judgment. But we have both been
- committed to the defense of this country for, our entire careers, both
- of us.
- So we have been caught up in politics, and I understand that that
- happens, and certainly, if I had this to do over" again, I wouldn't write
- this shit down in my personal -- in a work-related text message. But
- we have not been treated fairly.
- what matters isour, actions. Our personal views, regardless of
- what they are,are irrelevant. what matters is what we do. And over'
- COMMITTEE SENSITIVE
- ############################
- 158
- COMMITTEE] SENSITIVE
- and over, and over' and over" again, there is absolutely nothing that
- anyone can point to to suggest that we ever' took any step that was
- inappropriate. And, in fact, with all fairness, you all have my every
- sentiment before you. It's not like we held back in here.
- So if there was something to find, you have every single email
- we have ever' exchanged. You have all of these text messages. There
- is nothing to find here. We did a good job on both cases, and we did
- it the way the American people would expect us to do it.
- If you have more questions, you can go. It's fine. It's fine.
- Don't worry about the time let's just do it.
- Q Off the record.
- (Recess.]
- BY MS. KIM:
- Q I also want to give you a chance to respond to another,
- allegation that was made extremely publicly yesterday. Republicans
- have been making the general point that an affair can be a blackmail
- risk, a national security risk, and have speculated about whether you
- and Mr. Strzok posed a national security risk because of the fact of
- your' relationship could be used to coerce or blackmail you. Would you
- like to respond to that allegation?
- A I mean, it is untrue because we have always put our' country
- first. And so we are well trained. We can recognize an approach. Any
- attempt at compromise would not have been successful.
- Q And, in fact, there was no such attempt at compromise?
- A No.
- COMMITTEE SENSITIVE
- ############################
- 159
- COMMITTEE SENSITIVE
- Q Thank you.
- BY MS. HARIHARAN:
- Q Okay. So let's just go back a little bit to your' time with
- the special counsel's investigation just, again, to clarify forthe
- record. You had mentioned you were there for about roughly 45 days.
- As much as you can in this context, you know, generally describe your'
- responsibilities on the team would be helpful.
- A Yeah. So they were super' fluid because the team didn't
- really exist. It was quite limited at that time. And so my -- I
- think -- I can't say that I had a formal role that was being discussed
- at length sort of if I was going to stay. I was having a number of
- conversations about what roleI would take because Ididn't necessarily
- want to be a prosecutor again, although that was available to meif
- I wanted to. And I went back and forth on that too, frankly.
- But so largely, you know, I brought institutional knowledge with
- me, and I brought who and how the FBI works with me. Obviously, both
- Bob Mueller and Aaron Zebley also had sort of extensive FBI
- experience, but things change and people change, and sort of the
- gettingthings done at the Bureau piece of things, having worked
- for, the Deputy Director and that's, you know, sort of what I helped
- him do as well.
- I sort of largely played that facilitative role and, again, kind
- ofhelpedbridgethe ;-excuseme,bridgethegapandtransitionbetween
- what we as a team knew and the evidence that we had gathered to date
- on the collusion investigation and sort of imparting that knowledge
- to the new special counsel team.
- COMMITTEE SENSITIVE
- ############################
- 160
- COMMITTEE SENSITIVE
- Q And in part, is it fair to say that, you know, since it had
- Just started, no one really knows what they had, so what they needed
- in terms of personnel was still up for grabs?
- A No. I wouldn't say it had just started, night, because it
- had been ongoing at this point for, 8 or so months. But, yes, it was
- being consolidated in a way that was actually going to make it more
- efficient in some ways. And at this point, from the beginning of the
- year" through the appointment of special counsel, the case had been
- somewhat bifurcated in an attempt to sort of relieve so much
- responsibility, in part, on Pete, because he was a DAD running these
- massive other, national security programs and sort of, you know,
- responsible for this investigation, although not so much responsible
- for, the day-to-day.
- And so there was an effort to sort of split up the responsibility
- of the Russia collusion investigation From January until the
- appointment ofBob Mueller. And so while that might have lessened the
- workload, it also made for, gr'eater' inefficiencies because now you have
- two people kind of working different targets but needing to sort of
- coordinate.
- And so the point being is I'm not sure I helped necessarily with
- personnel so much as sort of these are the buckets as we see them. These
- ace the sort of -- these are the subjects. These are the types of
- crimes. These are the sort of things that we're looking at and sort
- of help them stand that up.
- Q So, I mean, so it's fair to say though that you
- COMMITTEE SENSITIVE
- ############################
- 161
- COMMITTEE SENSITIVE
- weren't -- didn't have like decisionmaking authority --
- A No. No.
- Q -- because it was still very -- even though it was still very
- fluid?
- A I didn't have decisionmaking authority full stop.
- Q Okay. So part of the reason for' asking that is, you know,
- there have been accusations levied against both you and Mr. Strzok that
- your' -- the perception of bias in your' text messages has affected the
- outcome or -- and infected the Mueller investigation, and we just want
- to give you an opportunity to respond to that.
- A Well, soit didn't. But I think it -- actually an important
- thing to note is that -- and I think it came up yesterday. Although,
- I don't really remember now -- initially Pete was not brought over' as
- the senior, executive to pun the investigation. Another' individual
- was, and that was not successful. It was not a good match with
- Mr. Mueller. He did not really have the sufficient
- counterintelligence background to be effective.
- And so in pant because I think Pete's superiors wanted him to stay
- in place, wanted him to sort of do his time in that so that he would
- be eligible for, the next job and he could sort of move up the career
- ladder', and in part reflecting Pete's own desire, as I sort of talked
- about the ambivalence back and forth, he stayed at the FBI for, I don't
- know, about maybe thefinst month ofthe special counsel actually. And
- when the person that they brought over was just determined to not be
- the right fit, everybody resorted back to the logical conclusion, which
- COMMITTEE SENSITIVE
- ############################
- 162
- COMMITTEE SENSITIVE
- was to bring Pete back over' to the special counsel.
- BY MS. KIM:
- Q Do you know the dates or the approximate dates when you joined
- and left the special counsel's investigation?
- A So, yeah. He -- Mr. Mueller, asked me to join on the 18th, so
- 18th or 19th-ish. And it was 45 -- I mean, maybe not to the day, but
- to the Friday or the Monday-ish, 45 days from there were my dates, so
- end of June or something like that.
- Q And this may sound like an elementary point, but to your'
- knowledge, has the special counsel's investigation had an outcome?
- Has it come to its conclusion?
- A Well, they've had a lot of indictments, but I don't know what
- the outcome is. I don't know what a conclusion looks like, so I'm not
- really -- I can't really speculate as to that answer'.
- Q So what would you say to allegations that you or Mr. Strzok
- tainted the outcome of the special counsel's investigation?
- A It hasn't happened yet.
- Q I think that concludes our round of questioning for today.
- Thank you so much.
- A You're welcome.
- Mr. Somers. I think I just want to thank the witness for her
- appear'ance today. And I also want to -- we're going to hold this open
- and resume this transcribed interview on Monday. We believe that the
- start time will be 2:06, I think. But we want to keep the transcript
- open and just resume so I don't have to read the preamble all over' again.
- COMMITTEE SENSITIVE
- ############################
- 163
- COMMITTEE SENSITIVE
- Mr. Jeffress. Can it be understood she has -- she must stop at
- 6:66 p.m., so could we start earlier given that or --
- Mr.Somers. Letmetakethatbackandseeifwecanstartearslier'.
- Ms. Page. Maybe a little bit later', but not 11:66. I can't go
- until 16:66, and I can't go until like 8:66. I'll go but I Just -- if
- we can start earlier, that would be better', if possible.
- Mr. Somers. I'll take that back and see what we can do. Do you
- have a restriction on how early we can start?
- Ms. Page. No.
- Mr. Somers. I know we can't get the transcript of this until --
- Mr. Jeffress. We just want it to exist. We don't need to review
- it. We can start whenever you all want to start.
- Mr. Somers. I'll take that back and see what we can do.
- And I'll just note to the Department, just because the chairman
- asked me to, that he continues to be frustrated by the assertionof
- the -- or not allowing the witness to answer' questions about the
- beginnings of the Trump Russia investigation, that he believes it goes
- against the long established position of the House of Representatives
- that in congressional proceedings committees are not required to
- recognize unconstitutional privileges. I just want to note that for
- the record. I'm sure there will be continuing discussions between the
- chairman and the Department about these objections.
- And with that, we'll stand in recess until Monday at a
- to-be-determined time.
- (blhepeupon, at 6:19 p.m., the interview was concluded to be
- COMMITTEE SENSITIVE
- ############################
- 164
- COMMITTEE SENSITIVE
- reconvened on Monday July 16, 2018.]
- COMMITTEE SENSITIVE
- ############################
- 165
- COMMITTEE SENSITIVE
- Certificate of Deponent/Interviewee
- I have read the foregoing pages, which contain the cor'r'et:t
- transcript of the answers made by me to the questions therein recorded.
- Witness Name
- Date
- COMMITTEE SENSITIVE
- ############################
Add Comment
Please, Sign In to add comment