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- COMMITTEE SENSITIVE
- COMMITTEE ON THE JUDICIARY,
- U.S. HOUSE OF REPRESENTATIVES,
- WASHINGTON, D.C.
- INTERVIEW 0F: LISA PAGE - DAY 2
- Monday, July 16, 2018
- washington, D.C.
- The above matter was held in Room 2141, Rayburn House Office
- Building, commencing at 11:02 a.m.
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- Mr. Baker. Okay. The time is 1 minute past 11:00 a.m. on
- July 16th, continuing from Friday's session of the transcribed
- interview of former, FBI attorney Lisa Page.
- EXAMINATION
- BY MR. BAKER:
- tt Good morning, Ms. Page, and thank you for, agr'eeing to come
- back for, a second session of questioning. A lot of ground was covered
- on Friday, so I want to clean up a couple of ar'eas that I had questions
- on. So I might jump around a little bit. I'm going to try not to be
- repetitive from what you've already answered.
- But I wanted to clarify, at a very basic level, sometimes in the
- media's reporting you've been referred to as an FBI agent. In the
- truest sense of the word, as an agent relates to a principal, you are
- an agent of the government. But in FBI parlance, is it correct to say
- that you're not an 1811 series investigator' special agent?
- A I am not.
- Q You ape, in fact, an attorney and were assigned totheGenepal
- Counsel's Office.
- A That's correct.
- Q Okay.
- You started to get into a little bit on Friday and you articulated
- the best you could that -- I think you opened the door, as to the
- different types of investigations or how an investigation is opened.
- It's my understanding there's three basic types of investigations:
- There's an assessment. Then it moves to predicated investigations,
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- where you then have preliminary investigation and you have a full
- investigation. Is that correct?
- A That's correct.
- Q And my understanding of the different types of
- investigations is, on one end of the spectrum, it's how that case is
- opened, how maybe credible the information is or how vague the
- information is. And then on the others end of the spectrum, it's what
- type of investigative techniques can be employed in that type of
- investigation. And --
- A I wouldn't agree with respect to the substance of the
- information. It's not whether it's vague or credible or not. It's
- really an assessment -- and, again, I don't have the standards in front
- of me, but each level of, sort of, investigative permissionaffords
- different levels of tools available.
- And so, to the extent you have more information or to the extent
- the information comes from a particularly credible source, itmeans
- that you can open a full investigation and -- but really
- the distinctions between -- certainly between a preliminary
- investigation and a full are a little bit of dancing on the headof
- a pin. I mean, these are very, sort of, nuanced, subtle. Any credible
- allegation is sufficient for the FBI to open an investigation and take
- action for -- to sort of generalize broadly.
- Q But the assessment would be kind of the lower, a very
- initial -- the information maybe not even relating to a violation of
- criminal law or national security; it could be proactively -- to
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- prevent or to develop information about something the FBI is tasked
- to investigate?
- A That's correct. I don't really want to -- I would hesitate
- to go down this path too carefully because there ace multiple different
- types of assessments and different divisions have actually different
- authorities with respect to assessment, and I am by no means an expert
- on that. So without having the 0106 in front of me, I would not r'eally
- be comfortable --
- Q Sure.
- A -- answering specific questions about --
- Q Sure.
- A -- what we can do at what level.
- Q But at a very basic level, the assessment is kind of the lower,
- tier. You're limited in the types of investigative techniques you can
- use in the assessment when you compare that to one of the predicated
- types, either, the PI or the full.
- A That is correct.
- Q Okay. when you're talking about a PI or a full, I talked
- briefly about, you know, the one standard to open on the one end, and
- then the other, end, when you have a PI or a full that's pr'oper'ly opened,
- those are the types of investigations where you can use the more
- sophisticated investigative techniques. Is that correct?
- A They're not always sophisticated, but you can use more tools.
- Q Certainly more than you could in the assessment.
- A That's correct.
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- Q And then one of the most sophisticated techniques would be
- a court-ordered Title III or a FISC-ordered FISA?
- A That's correct.
- Q And those techniques, even though they're authorized by the
- FBI's manual of -- that deals with compliance -- I believe it's
- referred to as the D106, domestic investigative operations guidelines,
- even though you're working with a validly opened, predicated
- investigation, when you get to those really extreme, sensitive
- techniques, the ones that are really intrusive, it's not just the FBI
- that decides or somebody in the FBI that decides, hey, we're going to
- use this technique. Is that correct?
- A That's correct. with respect to both of the two you
- describe, both the Title 3 wiretap and a FISC order, not only do you
- have vast approvals within the FBI itself, both of those tools require
- high-level approval at theJustice Department. And, of course, with
- respect to a FISA order, the Attorney General, the Deputy Attorney
- General, him or herself, has to approve that.
- Q Okay. And then so, not only are there multiple approval
- levels for those type of techniques within the FBI, the Department of
- Justice also has approval requirements for that at the highest levels,
- but also there's court approval required for those. Is that not
- correct?
- A Of course.
- Q So it's fair to say that not one person in the FBI decides,
- hey, we're going to do this sophisticated technique, electronic
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- surveillance of some sort, in a vacuum. There ace levels outside Fthe
- FBI and even outside the executive branch.
- A That's correct. Certainly, the more intrusive the
- technique becomes, the gr'eater' supervision over that techniquethat
- the FBI has and the more approval levels, both within and outside the
- Department, will fall.
- Q There ace in many places in the FBI, I believe, opportunities
- for people that believe that compliance is not being adhered
- to -- there's many opportunities for, people to report compliance
- concerns. And I believe this DIOG that we referenced has specific
- requirements for a supervisor' that opens a case, if he's concerned the
- compliance isn't being met, there's opportunities to report if you
- believe that something is not being adhered to, either in the opening,
- the reporting, or the use of techniques in an investigation. Is that
- correct?
- A That's correct.
- Q If you can -- I don't think this would be classified; if it's
- not, don't answer' -- what is an IOB violation?
- A It's not that it's classified; it's that I don't want to
- misspeak.
- Essentially, if there is a compliance violation associated with
- the activity that the FBI conducts while wearing its intelligence
- community hat, so it would presumably be classified, but it would be
- in the conduct of not a criminal investigation but a classified
- investigation, to the extent there's an error, for, example, an
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- overproduction, you know, we -- this is just for example's sake: We
- issue a national security letter'. ble receive back information which
- is beyond that which we're permitted to obtain pursuant to a national
- securityletter. Ifthatweretobeuploadedintoour,sortof,primary
- database, that would be an overproduction, and that would need to be
- required to the ICE.
- So it doesn't necessarily speak to the severity or the nature of
- the compliance incident, but compliance incidents involving the
- activity we conduct on the intelligence side, on the classified side
- of the work we do is reported to the ICE and often to other, entities
- depending on whether it pertained to a FISA order or something else.
- Q Thank you. That's very helpful.
- So, outside the confines of any particular investigation, there
- is a mechanism and there are people responsible to receive and look
- into compliance issues.
- A Oh, yes.
- Q Okay. During your' employment with the FBI, specifically
- your' role with Midterm or the Russia investigation, ace you aware of
- any compliance issues that were raised or even to the level of an 103
- violation?
- A Not during the period of time in which I was on either,
- investigation, no.
- Q Had you heard about --
- A I have since heard -- can I consult with counsel? I'm sorry.
- Q Absolutely.
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- [Discussion off the record.]
- Ms. Page. Thank you. Upon consultation with FBI counsel,I'm
- either, -- I'm not sure whether, the answer' would call for a classified
- answer' or whether, I would be permitted to answer' the question fully.
- But I can say, during the period of time that I was involved in both
- the Clinton email investigation and the Russia investigation, I am not
- aware of any compliance incident or event r'equir'ing reporting to the
- IOB.
- BY NR. BAKER:
- Q Okay. So, during your' tenure or at another time,
- there -- without the specifics of the violation, the mechanismsfop
- r'epor'ting compliance issues, including IOB violations, was not
- stymied, stifled --
- A Oh, no, no. ”They exist. Yes.
- Q Okay. And they would be complied with, as far, as you know.
- A Yes.
- Q Okay. The FBI --
- A I guess I would note, too, that the Department of Justice
- plays a significant oversight pole with respect to what gets reported
- to the IOB or to the FISC. And so, again, it's not an issue that exists
- solely within the FBI's purview to determine but is often identified
- by the Department of Justice and then the FBI would follow up with an
- IOB or other, notification as appropriate.
- Q And would it be correct to say, in addition to that mechanism,
- the FBI has their own internal audits of those techniques. The
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- National Security Law Branch and others, the Inspection Division,
- conductsrandominspectionsofthefilesthatwereusedtoutilizethose
- sophisticated techniques.
- A That is correct, yes.
- Q Okay.
- The FBI, by its very motto, "Fidelity, Bravery, Integrity,"
- subscribes to very high ideals. They also have a core value -- a list
- of core values that certainly is not intended to be exhaustive,but
- what they indicate in the fewest words possible to sort of be the essence
- and the heart ofthe FBI: rigorous obedience to the Constitution of
- the United States; respect for the dignity of all those we protect;
- compassion, fairness, uncompromising personal integrity and
- institutional integrity; accountability by acceptingresponsibility
- for our actions and decisions and their, consequences; leadershipby
- example, both personal and professional.
- Do you believe that everyone, to the best of your' knowledge,
- associated with Midyear Exam and the Russian investigation upheld the
- FBI's core values?
- A I think so, yes.
- Q And do you believe based on your' exper'ience as an
- attorney -- and your' role of an attorney, if I'm not mistaken, would
- be to advise the investigators and other, members of the team on legal
- Issues, what they could, what they couldn't do, and potentially
- compliance issues as well.
- A So that is the role ofan attorney. I wouldn't agree that
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- that was necessarily my role, because I was not on the -- as I described,
- I think, on Friday, I was not on the team in the same way that the other,
- sort of, members of the investigative team were. I was really --I
- was supporting the Deputy Director, so I was, in a way, a liaison between
- the team and, sort of, executive management at the FBI.
- So I wouldn't say that my role certainly in any day-to-day
- capacity was to provide legal advice to the team.
- Q So, in your' role as a liaison from the Deputy's office to
- the Midyear team, what was your" role as a liaison? Did you attend
- meetings? You relayed information back?
- A I did. Both of those things. As I think I described on
- Friday, part of the value that I tried to add to the Deputy Director's
- office was to ensure that he had the most complete information possible
- at all times. And so I definitely stayed abreast of the investigative
- activity. To the extent there were disagreements or frustrations with
- the Department or areas where there might -- where a disagreement or
- other issue might ultimately rise to the Deputy Director's 1eve1,I
- tried to stay abreast of those as well, keep him sufficiently informed.
- Q And while you were assigned attorney adviser, special
- assistant, what was your' title in the Deputy's office as an OGC rep?
- A Counsel or special counsel to the Deputy Director.
- Q Were you -- I mean, you're answering to the Deputy. You're
- still a part of OGC technically, though, right?
- A Yes. I am a part of OGC. I'm still a lawyer. I'm still,
- you know, to the extent relevant, covered by the attorney-client
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- privilege. But my role is to support the Deputy Director. But, to
- that end, I was in regular, if not daily, contact with the general
- counsel to sort of ensure that our' efforts and information was in sync.
- Q But you're not giving legal advice to the Deputy per' se.
- A We're sort of splitting hairs. I may have been,depending
- on the issue. My role was not necessarily to tell him, this is
- permissible, thisis impermissible. That is really what OGC was there
- to do. He might ask me, you know, what do you think, and certainly
- that might result in the conveyance of legal advice. But he has an
- entire division devoted to that type of activity. I was there more
- to help him make decisions and, sort of, apply judgment to what it was
- we were looking at.
- I also, because of the unique position, had a macro view of the
- entire organization. And so I sort of tried to help connect dots that
- may have seemed otherwise disparate but might ultimately have a
- relevance with respect to whatever' par'ticular' issue was in front of
- us, not just in the Clinton investigation.
- Q And if something came your' way in this assignment that
- related to legal advice, you certainly had the resources of the General
- Counsel's Office to reach out to or to incorporate in a decisionon
- whatever the legal issue might be.
- A That's correct. And, in fact, that is what I did. So, to the
- extent -- just as an example, if the Deputy Dir'ector' was reviewing a
- FISA and he had a question about the sufficiency of the probable cause,
- he might ask me my opinion, and I might give it, but, at the endof
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- the day, it would notstop there. ble would return it to the General
- Counsel's Office. He would consult with Mr. Baker, or the deputy
- general counsel or whomever, had the substantive information necessary
- and would get the, sort of, final legal determination from the Office
- of General Counsel.
- tt So the way the General Counsel's Office is set up, it's not
- a lot ofgeneral practitioners. It sounds like there's a lot of very
- specific specialists. You have national security law people that
- would know answer's to FISA-type questions. You have criminal lawyers
- thatuou1dmaybekntsanswerstojustgener'a1investigativetechniques.
- So you would kind of coordinate where a particular question that
- the Deputy might have might be properly referred to in the General
- Counsel's Office.
- A That's exactly right, yes, and to other divisions as well.
- To the extent it was not a legal question that came up but simply, you
- know, the Deputy wants more information about this operational plan,
- I might also peach back into a substantive division to pass that
- information along.
- Q Okay.
- You mentioned in your" role as a liaison you would go to a lot of
- meetings, frequent meetings, and report back to the Deputy. was there
- disagreement, dissension at these meetings on any particular path to
- take, either, investigatively or prosecuting?
- We talked a little bit Friday about the decision to or to not
- change in specific statutes. There was this issue of Mr. Comey
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- drafting this press release and then releasing -- doing the press
- release and then letters to Congress.
- was there dissension in meetings about any of these controversial
- topics, or was everybody, yes, we agree with this? How did that work?
- A That's a very broad question. If you ace talking
- specifically about the Clinton email investigation --
- Q Okay.
- A Is that --
- Q For now.
- A Okay. So certainly there are, you know, 8 or I? of us who
- made up sort of the cope gr'oup of people who met with Director Comey.
- There was -- I wouldn't say dissension, but there was the benefit of
- that group and the comfort that we all with each other', and, in fact,
- the kind of culture and environment that Director Comey tried to foster
- absolutely allowed for, disagreement, and we were all quite comfortable,
- I think, expressing our" views.
- And to the extent somebody said we should take X step and somebody
- disagreed, it was entirely common for' that group of individuals to
- openly disagree with one another, to do so in front of the Director,
- in the hopes that the best answer would sort of rise to the top.
- Q And is that how it ultimately was decided? Is that how a
- decision was decided? There was discussion, there was consensus, the
- best decision pose to the top? Was there ever' a vote and just simple
- majority --
- A This is the FBI. It's not a majority rule. The Director
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- would make an ultimate decision. So, no, I am not aware of anything
- ever, being based on majority vote. It's the Director's -- heleads
- the organization. He's the one who'd ultimately be accountable for
- those decisions.
- But the people that I worked with and that group of people who
- would regularly meet with the Director all unquestionably teltfree
- to voice their' views.
- Q Do you recall Director Comey ever taking a position that was
- contr'ar'y to the consensus of the group?
- A I wouldn't say "consensus." I don't think that that's a fair
- statement. Iwasnotpr'esentfor'therneetingin0ctober'whenhedecided
- to send -- to notify Congress of his decision to reopen theClinton
- email investigation, but I am aware that there was disagreement among
- the team. There was not a consensus that everybody agreed it should
- be done. People had different views about whether we should and
- whether we shouldn't and the timing of it if we did in the first place.
- And ultimately it was Director Comey's decision to make.
- Q Okay. Thank you.
- BY MR . SOMERS:
- Q Could we back up for, a second? Art asked a pretty compound
- question. Was there dissent, disagreement, however, you would
- characterize it, with investigative techniques on the MidyearExam?
- A Investigative techniques? That's a really broadquestion.
- Q Whether a search warrant should be used?
- A Oh. So this was before I was involved in the investigation,
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- but it's my understanding -- it's not a disagreement within the FBI,
- but there were lots and lots and lots of disagreements between the FBI
- and the Department.
- Generally, I can't think of anything in particular that would have
- been FBI-specific with respect to, like, this agent wants to take step
- x and this agent -- somebody else wants to take step Y.
- But, certainly, my understanding is, at the outset of the
- investigation -- again, I was not personally involved, but there was
- a great deal of discussion between the FBI and the Department with
- respect to whether to proceed, obtain the server which housed the bulk
- of Secretary Clinton's emails, pursuant to consent or pursuant toa
- subpoena or other compulsory process.
- Q And was that dissent between the FBI and the Department?
- A That's correct. Yes.
- Q And what was the FBI's preference?
- A To obtain it pursuant to compulsory process.
- Q The server?
- A I'm sorry?
- Q The server?
- A The server, yes. Sorry.
- Q And how about -- were there any other, disagreements between
- the Department and the --
- A Oh, my gosh. I mean --
- Q -- FBI on investigative techniques?
- A Yes, all the time. In a vacuum, it's hard to just come up
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- with them off the top of my head.
- Q Was the FBI being told that it couldn't use certain
- investigative techniques by the Department?
- A "It couldn't use." Not -- I'm trying to think of specific
- examples. I'm sorry. Not that -- to the extent there would be a
- disagreement, I don't think it would ever' be quite that strident. I
- think it would be the view of the Department that it was strategically
- advantageous.
- Oh. Well, so here is an example. We had -- but this is not about
- the type of process to obtain, but there were, I think, months of
- disagr'eementwithnespecttoobtainingtheNi11sandSamuelsonlaptops.
- So Heather Mills and -- Cheryl Mills and Heathen Samuelson were
- both lawyers who engaged in the sorting. Once it had been identified
- that Secretary Clinton had these emails -- I'm guessing it's pursuant
- to the FOIA request, but I don't really know -- she -- well, our'
- understanding is that she asked her two lawyers to take the bulkof
- the 66,666 emails and to sort out those which were work-related from
- those which were personal and to pr'oduce the work-related ones to the
- State Department.
- They did so. That 36,666 is sort of the bulk of the emails that
- we relied on in order to conduct the investigation, although we found
- other, emails a jillion other places.
- We, the FBI, felt very strongly that we had to acquire and attempt
- to review the content of the Mills and Samuelson laptops because, to
- the extent the other 36,666 existed anywher'e, that is the best place
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- that they may have existed. And notwithstanding the fact thatthey
- had been deleted, you know, we wanted at least to take a shot at using,
- you know, forensic recovery tools in order to try to ensure that, in
- fact, the sorting that occurred between -- or' by Mills and Samuelson
- was done correctly and --
- Q Sorry.
- A No, that's okay.
- Q It was -- is that -- for, lack of a better' term, is it usual
- to rely on the target of an investigation to provide evidence against
- the target?
- A Well, that happens. That's not uncommon. I mean, in
- white-collar-ses/ar/liar/swing/oem-Stott-get-ren
- though -- particularly if it's, like, a corporate target, that's
- certainly a way to do it.
- You're misunderstanding a little bit, though, because that sort
- and all of that activity took place before there was a criminal
- investigation. So that activity is what -- the testimony that we
- received, the, sort of, evidence we received, is that the State
- Department reaches out to Secretary Clinton when they discover',"ble
- don't have your' emails on a State Department system. Do you have your'
- emails?" And the answer' is, "Yes." And the State Department, rather
- than the State Department itself conducting that analysis of whether,
- or' not there was -- or whether, these emails were work-related or not,
- deferred to Secretary Clinton to do that.
- So this long precedes any FBI investigation or any FBI
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- involvement.
- BY NR. BREITENBACH:
- Q But didn't you say that months went by before you made the
- determination as to whether to access those laptops --
- A No. I'm sorry.
- -- though consent or through --
- Yes.
- -- compulsory process?
- >o>0
- But that's -- so we have to -- we're talking about two
- different events here.
- Back in 2013 -- I don't remember when -- this is before there was
- any FBI investigation. When there is first an inquiry by the State
- Department into why do we have no Secretary Clinton emails that go to
- Secretary Clinton herself, that precipitates Mills and Samuelson
- conductingthissortingactivityandproducingtotheStateDepartment,
- here are the emails which are work-related. Produce them to FOIA,
- produce them to Congress, wherever they went. I haveno idea. We had
- nothing to do with this -- we, the FBI.
- Skip ahead to February/March of 2016, right? The criminal
- investigation has now been open for, 6 or 7 months. We discover,
- that -- we discover, these facts, right? These facts were not known
- to us. ble don't know how she first did the sorting for, the State
- Department. We discover, these facts.
- ble go to the Department and say: We need to get these laptops.
- We need to try to get in them and review them and see if, in fact, there
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- are other, emails which either' are work-related or, potentially -- what
- we were really looking for, -- other' emails which would speak to, you
- know, give some indicia of her intent with r'espect to why she set up
- this server and whether, it was intended to mishandle classified and
- all of that.
- That back-and-ft) starting Febr'uaPy/Nar'ch-ish of 2016 and
- going through, I 'd say, June of 2016 is the disagreement I was referring
- to. So that's a disagreement between us, the FBI, and the DOJ with
- respect to why we needed to get these laptops and how to get these
- laptops.
- And what the FBI believed -- and there's copious texts about this
- because it was a, sort of, ongoing argument -- was that we had to at
- least attempt to get them. Even if we were unsuccessful, even if a
- courtdetersminedthattheywereattorney-c1ientwoPkpt"oductot'opinion
- work product, which is what the Department was concerned about, we
- couldn't credibly close the investigation without having tried to get
- into these laptops and to have reviewed -- see if any additional emails
- could be recovered and to question Mills and Samuelson about how they
- engaged in that sort in order to see whether it seemed righteous and,
- you know, proper or" whether, there was anything, kind of, nefarious or
- questionable about it.
- The Department's view for months was that we would not be able
- to get into them, a court would not, sort of, grant us access, so we
- shouldn't bother, trying. And that was a source of -- I wouldn't say
- constant conflict but regular conflict every time it came up. Because
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- quite early on we started pushing the Department to Peach out to Mills'
- lawyer' and -- Mills and Samuelson's lawyer to sort of start the process
- of trying to get Into these laptops, and the Department was very
- reluctant to do so for the reasons that I've described.
- Q So you had the opportUnity, then, conceivably, to execute
- a search warrant -- if you're using the timetable you had
- mentioned -- back in February of 2016. You could have executed a
- search warrant and obtained those --
- A Well, not without the Department, night? The Department has to
- -- we cannot on our own, the FBI cannot execute a search warrant
- without approval from the Justice Department.
- Q So was the Department pushing back on obtaining compulsory
- process to obtain those laptops? Because months, you say, go by. I
- mean, in your' timetable from February to June, what is that --
- A Ish. Let me just be --
- Q -- 4 to 5 months? Four or 5 months passes before you are
- able to gain access to those laptops.
- A To the best of my recollection, yes. It's either, February or
- March. I just want to put a little bit of hedge in it, because I'm not
- 100-percent certain.
- But I know that the conversations about whether to obtain the
- laptops and how to obtain the laptops is one that is ongoing. It is
- one that ultimately rises to the head of the CEO, the Office of
- Enforcement Operations, which is the unit at the JusticeDepartment
- who would have to approve a warrant on a lawyer' -- because, of course,
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- these were all lawyer' laptops. It rose to that individual, it rose
- to George Toscas, over' the course of this 3 months or so.
- But, yes, there was an ongoing disagreement about whether, there
- was utility to obtain the laptops and, if so, how to obtain them.
- Q So, in your' experience, what may happen when a subject of
- an investigation is aware that the FBI is attempting to obtain evidence
- yet the FBI does not obtain it and months pass? What are the
- possibilities?
- A Obviously, there's the risk of destruction of evidence. I
- will note, however, that it's my recollection that those laptops had
- been sequestered by mills and Samuelson's lawyer'. So it's not --1
- don't believe that they were in the possession of Mills and Samuelson
- once we, sort of, started raising this question with the Department.
- It'smyreco11ectionthattheDepantmentinforoedNi11sandSamue1son's
- lawyer that we had an interest in these and that she took possession
- of them.
- Q So destruction of evidence. Can you imagine any other,
- possibilities if you fail to obtain the evidence and the subject is
- aware of it?
- Ms. Jeffress. I'm not sure what the question is.
- Ms. Page. Yeah, I'm not sure. I'm sorry.
- BY NR. BREITENBACH:
- Q Any other, possibilities in the -- in terms of a subject being
- aware that evidence is attempting to be obtained by the FBI yet the
- FBI does not obtain that compulsory.
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- A I think destruction of evidence is the big one.
- Q And you were never' aware that destruction of evidence
- occurred?
- A Not to my knowledge, no.
- Q Thank you.
- BY MR. SOMERS:
- Q Okay. Then the second part of Art's question was
- disagreement about prosecutive techniques between the FBI and DOO.
- Were there any disagreements about techniques for prosecution?
- A No, because nobody thought that the evidence could sustain
- a pr'osec,ution. So --
- Q What about, sort of -- I guess, what about impaneling a grand
- jury? Was there disagr'eement about whether, a grand jury should be
- impaneled?
- A A grand jury was impaneled.
- Q But was there disagreement prior to the impaneling about
- timing?
- A Oh. I'm not aware.
- Q What about discussion about the statutes that should be
- changed or could be changed?
- A No, I don't think so. I mean, it was always fair'ly
- self-evident that we were looking at mishandling statutes. And,
- again, the evidence was just never' there to sufficiently support,
- really, a prosecution. I mean, I think they even looked at Federal
- Records Act violations -- they, meaning the Department -- andthere
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- wasnever,sufficientevidencetosupptontanycr'iminalpPtasecutitmunder'
- any statute.
- Mr. Breitenbach. Was a grand jury impaneled for the purposes of
- the email investigation?
- Ms. Page. Yes. That's my understanding.
- Mr. Breitenbach. Okay.
- Ms. Page. I'm sorry. Can I consult with counsel for, a second?
- Mr. Breitenbach. Yes.
- (Discussion off the record.]
- Ms. Page. Sorry.
- Mr. Breitenbach. Are you aware of whether evidence was ever'
- presented to the grand jury in terms of adjudicating a decision?
- Ms. Page. Nell, wait. "In terms of adjudicating adecision."
- Are you --
- Ms. Bessee. Can I address?
- So I will instruct hers not to answer' any questions that go into
- the process of the grand jury.
- He can rephrase the question, but if it goes into the process of
- the grand jury, you will not be able to answer'.
- Ms. Page. Hell, why don't I answer' -- I can't speak to whether
- any -- what activity was conducted before the grand jury. I can answer'
- that no case was presented to the grand jury because that would have
- been an abuse of the grand jury.
- The Department is required to at least believe that you have
- probable cause in order -- probable cause that a crime has been
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- COMMITTEE SENSITIVE
- committed. I'm sorry, that's not true. The Department's rules
- require that to present a case before the grand jury you have to have
- a reasonable belief that the case can be proven beyond a reasonable
- doubt. And we did not have that belief with respect to theClinton
- email investigation.
- And so we would not have put the case before the grand jury,
- essentia11ypr'esenteda11oftheevidencethatwehadco11ectedtodate,
- because, it's my I assessment -- although, again, this is Just me,
- personally, talking based on my prior experience as a prosecutor, not
- with respect to what was conducted in this investigation. But it's
- my assessment that that would've been an inappropriate use of grand
- Jury, because the prosecutors putting in that evidence would not have
- believed that there was a crime to be changed.
- Does that make sense? That was a little bit tortured.
- BY NR . BREITENBACH:
- Q Yes. But, as the FBI, did you make a recommendation or not
- as to whether, to present it to a grand jury?
- A I don't know.
- Q So it would've been the Department --
- A So let me clarify one thing. The grand Jury was used to
- obtain evidence. Right? So there are certain things, for, example,
- like a subpoena of r'ecor'ds, which would require the impaneling ofa
- grand jury and using tools before the grand jury in order to obtain
- evidence. That occurred.
- I am not, both substantively and also on advice of FBI counsel,
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- in a position to discuss what type of evidence was obtained by the grand
- jury.
- what I can say is that I do not believe there was ever any
- disagreement with respect to whether we needed to ask the grand jury
- to return an indictment. It would have been inappropriate to have
- presented all of the evidence collected, whether, by grand jury subpoena
- or any other, tool -- consent, search warrants, testimony, youknow,
- of other witness, interviews of witnesses. It would not have been
- appropriate to askthe grand jurors to return an indictment on to review
- the weight of the evidence where we did not believe that that case was
- prosecutable.
- Q But was that the FBI's decision to make?
- A No, it was the Department's decision to make. It was the
- decision made by the Department.
- Q At the end of the day, you're saying it was the decision of
- the Department --
- A Yes.
- Q -- prosecutors not to present this to the grand jury for an
- indictment.
- A That is correct, yes.
- Q Thank you.
- BY MR. PARMITER:
- Q Can I ask a couple of additional questions r'egar'ding, sort
- of, the internal discussions and what was discussed?
- Was there even, in your' exper'ience, any discussion at any of the
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- meetings involving Midyear about whether, the act of setting up the
- server itself was problematic or whether that showed any level of
- intent?
- A I don't know.
- tt But you were never' -- you never experienced anything like
- that.
- A I don't recall being present for, a conversation like that.
- But, also, to the extent it may have occurred -- this investigation
- was opened in July of 2015. I don't become involved in it until
- February of 2016. So, to the extent there were questions about that,
- they may have been resolved before I was involved.
- Q Okay.
- How often, in your' experience, does the FBI Director or the Deputy
- Director? in the course of their, ordinary duties access or review or,
- you know, have dealings with classified information?
- A Every single day.
- Q Every day. Okay. So what -- by being on a private server,
- would you agree classified information is not in its proper place?
- A By being on any unclassified system, whether, private or
- _govermment, classified information should not have traversed it.
- That's correct.
- q So, given your' answers to both of those questions, do you
- think that, you know, assuming the Deputy Director, or the Director had
- set up a private server of their, own, Just hypothetically, to, you know,
- transact government business, all of their, business, would you say it
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- would be inevitable that classified information would pass over that
- server?
- A No, sir. So, at the FBI and at the State Department, we have
- three separate systems for, each level of classification. So whether
- that system existed at the State Department or whether it existed on
- somebody's private server, inevitably if there was -- if it was
- somebody's private server, lots of unclassified governmentbusiness
- would traverse that system in the same way it does for, you know, the
- FBI's unclassified system or the State Department's unclassified
- system, but there's nothing inevitable about whether' or if classified
- information would traverse that unclassified system.
- That certainly may happen occasionally on the FBI system, on an
- unclassified FBI-run system. It's called a spill. It's an
- inadvertent, sort of, passage of classified information on asystem
- in which it doesn't belong. But the same is true if you're dealing
- with Top Secret information and it traverses the Secret side; that's
- also a spill.
- So it's sort of indistinguishable whether, the system itself is
- classified or unclassified, only in that it's not authorized to handle
- classified information.
- Q So would you -- so, okay. So is your' answer' is that if, you
- know, a Cabinet Secretary or the FBI Director was using a private server
- to conduct all of their, business that it's not inevitable that
- classified information would pass through that server?
- A If they were using it to conduct every single thing they did.
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- But it's not -- my understanding is that the Secret side was used for,
- Secret business and the TS side was used for TS business. So if every
- single thing they did --
- Q That's at the FBI, though, correct?
- A Even at the State Department, it's my understanding. I
- mean, it was a much more cumbersome system, in part because the
- principals are constantly all over the world so the access tothese
- other classified systems is less readily available and so it's, sort
- of, more cumbersome, it's, sort of, harder.
- But if the question is, if every single thing that the FBI
- Director -- if all of the FBI Director's business was conducted on an
- unclassified system, whether, FBI-pun or privately Pun, then, yes, it
- is true, there would be classified information there.
- But those facts as you presented them are not my understanding
- of what occurred, obviously, either, at the FBI or at the State
- Department.
- Mr. Meadows. Can I ask one clarifying question, Lisa?
- It appears, based on documents that we have, that there was a
- conscious decision in the NYE to go down one avenue in terms of
- prosecution or potential prosecution, and that is with the retention
- of classified information on a private server, not the disclosure of
- classified information.
- And, based on the documents we have, it looks like everybody
- focused on the retention but no one ever' pursued the disclosure. Why
- was that made?
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- Ms. Page.e_. I --
- Mr. Meadows. And would you agree with that characterization?
- Ms. Page. I'm not positive. That's the thing that I hesitated
- about. So I'm not sure that I -- those wer'e really activitiesthat
- would have been handled at a lower, level than I was involved in. These
- would have been the discussions --
- Mr. Meadows. Right. In most of the documents, the caselaw that
- they were looking at only dealt with retention, which, actually,
- disclosure is a bigger' deal from a national security threat. And yet
- it didn't appear" that anybody looked at that, based on the documents
- we've reviewed.
- Ms.P_age, Somyguess --andthisis --rmspeculatingher'ejust
- based on my knowledge of what the statutes require -- is that disclosure
- requires intent. And so, particularly when we change disclosure
- cases, it's often in the context, for example, of a media leak. Right?
- It's somebody who had possession of the information and disclosed it
- to somebody who was not authorized to have it. That's what those
- disclosure cases look like.
- And what was occurring on Secretary Clinton ' 5 server is a11'peop1e
- who were nighteous1y entitled to the information and who had aneed
- to know it and who were using that information in the execution of their
- duties, but it was occurring on a system that wasn't appropriate for
- it. So I think that's why the focus was on retention.
- Mr. Meadows. And one more, and then I'll yield back.
- We have information from the inspector general of the
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- intelligence community that, I guess, initiated this entire
- investigation ..- they were the ones that came before you -- that there
- were anomalies that would suggest that there was copies of every email
- going to a third party.
- And I know you heard that in the hearing the other, day, but we've
- had substantial conversationswith them. Is this news toyou today?
- Ms. Page. It is. When I heard it in the hearing, it was -- maybe
- I had heard it one other, time just with respect to, like, news things,
- but it was completely baffling to me.
- Mr. Meadows. Yeah. So --
- Ms. Page. I don't understand at all what that's a reference to.
- I do know that we gave the server -- again, I'm not a technical person,
- so this is going to be a little bit tortured here --
- Mr. Meadows. Right.
- Ms. Page. -- but that we took exhaustive efforts to look at
- whether there were any other, intrusions, whether there was
- any exfiltration --
- Mr. Meadows. And you're saying they found none.
- Ms. Page. Correct -- whether, there was any exfiltration of data
- and --
- Mr. Meadows. Well, we know that some -- but it was basically in
- the IG's report on how that came to pass.
- So, I guess, why would the investigative team not have had
- multiple interviews with Mr. Rucker, who brought it to the FBI's
- attention originally?
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- Ms. Page. I -.r.
- Mr. Meadows. Because, according to the IG, you never' interviewed
- him and never' interviewed them other than the initial conversation that
- brought it. Why would that have --
- Ms. Page. So I can't speak to that, because I don't know whether,
- he -- I'm relying on your" representation that he was not interviewed,
- but I also don't know whether he ever' came to the FBI during the pendency
- of the investigation and provided that allegation. If he had --
- Mr. Meadows. Well, that was the whole reason it was opened up,
- is my understanding, was him coming. They get it, they come to the
- FBI. And so you're saying that's not the case?
- Ms. Page. I don't -- I am really trying --
- Mr. Meadows. Or that's not your' understanding?
- Ms. Page. That's not my understanding.
- Mr. Meadows. So how did this whole MYE start if it wasn't from
- the --
- Ms. Page. No, no.
- Mr. Meadows. -- inspector -r
- Ms. Page. So my understanding -- and this is -- I am way out on
- a limb here, because this is not stuff I was involved in. But my
- understanding is that the IC 16 did refer the existence of the server
- to the FBI, but that was because of the existence of classified
- information on that server, not because of any anomalous activity, not
- because of potential intrusion activity. Because it's not my
- understanding that the IC IG conducted any sort of forensic analysis
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- like that.
- My understanding ls that, once it was made evident during the
- course of, I think, the FOIA production or maybe the production to
- Congress that there was some classified information which existed on
- a private email server, it got referred to the IC IG for those purposes,
- not related to intrusive activity.
- Mr. Meadows. So what you're telling me, it would surprise you
- to know today that, if there were anomalies, that the inspector
- general's forensic team found those before it was referred to the FBI?
- Ms. Page. That's correct. I'm not sure --
- Mr. Meadows. Would that -- if that is indeed the fact, would that
- be a major' concern to you?
- Ms. Page. It would be a concern that we didn't know that or that
- that wasn't part of what they told us when they made the referral, but
- less so, sir, honestly because our' forensic investigators ape so
- phenomenal that, notwithstanding whatever the IC 16 may or may not have
- conveyed, I know we looked extensively at this question.
- Because that was a serious question. And to the extent that a
- foreign government or even a criminal outlet had had access to Secretary
- Clinton's private email server, that would have been somethingwe cared
- very much about. And it's my understanding that there was no evidence
- that would have supported that kind of conclusion.
- Mr. Meadows. I yield back.
- BY MR. BAKER:
- Q Regardless of how phenomenal forensic investigators might
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- be, is it still possible that an extremely sophisticated foreign
- intelligence service could penetrate a server, could extract
- documents, could do a number, of things without leaving a single forensic
- footprint?
- A It's pretty -- I mean, everything is possible, but it's
- unlikely. I think Friday's indictments are r'evelatory of that. You
- don't get better than the GRU, and yet we have identified by name the
- people involved in theDNC hacking. So I think it's quite unlikely.
- Q Okay.
- Are you -- following up on what the Congressman was saying, ace
- you familiar with a private entity, privately financed, using private
- forensic resources, for, lack of a better, word, went looking for, some
- of the emails from Secretary Clinton's server, hen network, and, in
- fact, found at least one document on a foreign server?
- A I don't know what you're referring to, no.
- Q Okay.
- Mr. Breitenbach. ble were produced information indicating that
- Mr. Strzok had indicated in an email that at least one Secret email
- was accessed by a foreign par'ty. Ace you aware of that?
- Ms. Page. That may be true. I'm just not personally awareof
- that.
- BY MR. PARMITER:
- Q I believe on Friday, In discussing the statute that you were
- discussing, I believe, with Congressman Ratcliffe -- it was 793(f) of
- Title 18 -- you had said that that statute was deemed by DC] to be
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- unconstitutionally vague. Is that correct?
- A No. The "gross negligence" that -- the "gross negligence"
- standard in 793(f), it was their assessment that it was
- unconstitutiona11y vague, yes.
- Q Were you involved in discussions about, you know, its
- vagueness?
- A I don't believe I was, no.
- Q Do you have any idea of why they believed it was
- unconstitutionally vague?
- A I mean, I presume they looked at caselaw in which it had been
- applied. I really don't know. I mean, I'm -- I am confident that it
- was based on their, own, sort of, research in consultation with others,
- but I don't have personal knowledge about what the Department did in
- order to come to that conclusion.
- Q Okay.
- Speaking of -- so did you do or did the OGC do their, own evaluation
- of the statute, or did you just rely on DOJ's assessment?
- A I don't know. I did not.
- Q Okay.
- A I can tell you that.
- Q Speaking of caselaw, are you aware whether, or not that
- statute has been used in military prosecutions or the frequency with
- which it was used in civilian prosecutions? I know you had said once
- in 99 years, but --
- A I think that there -- this is straining my memory now, but
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- I think that there may have been one UCMJ, Uniform Count of Military
- Justice --
- Q Code of --
- A -- Code of Military Justice -- thank you -- one UCMJ case in
- which it was charged, but, again, if my memory serves -- so I may get
- this wrong, but if my memory serves, the defendant in that case had
- actually engaged in fan more nefarious and suspiciousactivity, and
- so it was a plea down to that, right? So if you're pleadingto
- something, then you don't really need to worry about -- I mean, if it's
- unconstitutional, it's still unconstitutional.
- But it was not the case -- again, my recollection is that it was
- somebody who had a hoard of classified information and then, when
- confronted, tried to destroy the classified information -- sortof,
- again, the indicia of knowledge and criminal intent that you will
- sometimes see.
- So, if I'm not mistaken, there was one UCMJ case, but I think
- that's it.
- Q So, speaking of a hoard of classified information, do you
- mean information that had been -- that was hard copies of physical
- documents?
- A Hard copies and I think even, like -- if I'm remembering
- night, and I could be mixing this up with another, case, but, like, a
- thumb drive of classified information that they were notauthorized
- to have. So both hard copy and digital classified documents.
- Q Do you believe --
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- [Phone ringing.]
- Ms. Page. Go ahead, please.
- BY MR. PARMITER:
- Q Just, you know, your' own perspective on this, do you believe
- that -- what would be more vulnerable, classified material on a
- computer server where it's not supposed to be or hard copies of
- classified material at someone's house?
- A Well, if you're talking about more vulnerable to a cyber'
- attack, then obviously you need a computer in order for that to occur'.
- Q Okay.
- Do you -- sort of, going further down the line of, you know,
- whether, 793(f) in particular and the "gross negligence" standardin
- particular are unconstitutionally vague, I mean, do you think that Don
- views that as sort of a dead statute that won't be charged anymore?
- A I do.
- Q Ape you aware whether or not --
- A I mean, Just the "gross negligence" part of it. I don't have it
- in front of me to -- but -- and, as I said last week, I'm by no means an
- expert.
- Thank you. Go ahead.
- Q So ace you aware of whether' or not the Bureau ever" sought
- or' obtained any sort of compulsory process, whether it's a search
- warrant or something else, on the basis of 793(f) in particular?
- A I think so, but that would not have to have been the "gross
- negligence" prong. I think they could have relied on the second pr'ong
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- of --
- Q 0n (f)2 right there --
- A Right .
- Q -- as opposed to (f)1?
- A Yeah. And, again, I don't know what basis -- I shouldn't
- have answeredthat question. I am speaking out of turn. I do not know
- what statutes were alleged to the extent the Department sought
- compulsory process. I have no idea, so I shouldn't answer' that.
- Q Okay.
- BY MR. BREITENBACH:
- Q If we were to tell you, though, that the search warrant was
- predicated on 793, is that something that would be normal, to base a
- search warrant and predicate a search warrant on a statute thatthe
- Bureau is being told is unconstitutional?
- A You're misunderstanding. So 793(f) has two pants to it.
- The second part -- so the first is, okay, whoever, being entrusted with
- having lawful possession or control of any document relating tothe
- national defense, one, through gross negligence permits it to be
- removed or, two, having knowledge of the same, that it has been
- illegally removed, Shall be fined -- blah, blah, blah, blah, blah.
- So there would be nothing inappropriate for, them to rely on the
- second prong of 793(f), which is regularly charged and Is a perfectly
- common statute with respect to mishandling cases. There would be
- nothing inappropriate with respect to relying on the second prong of
- 793(f), in my view.
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- Q What are some of the factors that might rise to the level
- of "gross negligence, in your' opinion?
- A I don't know. I have done absolutely no research or review
- of this. I'm not in a position to answer, that.
- Q Did Mr. McCabe even ask you that as his lawyer?
- A He did not.
- q Do you know whether Mr. Baker, ever' conducted any independent
- ana1ysisonthefactor'sthatrnighthavemeta"iTossnegligence"chaPge?
- A I don't know.
- But, at the end of the day, this is the Department's
- determination. I mean, it is up to the Department to determine whether,
- or not we have sufficient evidence to charge a case. So, even
- hypothetically, to the extent the FBI thought, you know, we have
- infinite evidence to support charge A, if the Department disagrees,
- the Department is going to have the final determination because they
- are the pr'osecutor's. So --
- Q But if the FBI is not aware of the particular factors that
- might be available in meeting that standard, then how would it know
- whether to recommend to the Department to obtain any type of prosecution
- based on that standard?
- A I mean, the FBI has to -- necessarily has to rely on the
- Department's assessment of what's legally supportable under, the law.
- So there's nothing inappr'opr'iate about that sort of reliance.
- I'm not saying that no research was conducted. I'm sayingthat
- I personally didn't do any. And to the extent it was conducted, I'm
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- Just not aware of it as I sit here today.
- Mr. Meadows. So let me ask you a clarifying question. Because
- I think this was an unusual case where Loretta Lynch, the AG, said that
- she was going to be independent of it and that she was going to leave
- it up to the FBI.
- So, if you did no research and from a "grossly negligent"
- standpoint, how would you make the decision to prosecute or not if she
- was being independent of that?
- Ms. Page. So, sin, I think that what she said was that she was
- going to leave it up to the car'eer' prosecutors, not up to the FBI. So,
- when she did her, kind of, ha1f-necusal, she said that she was going
- to defer' to the recommendations of the career prosecutors in the case.
- Mr. Meadows. So what you're saying is that she halfway necused
- herself but not really because there was other, DOI officials that were
- weighing in on that?
- Ms. Page. I'm sorry, I should have been more clear. I can't
- speak to the recusal and whether it was appropriate or inappropriate
- or necessary --
- Mr. Meadows. No, but your' characterization --
- Ms. Page. Oh, okay.
- Mr. Meadows. And I agree it's a half-recusal. Because, atthis
- point -- so ace you saying that it was prosecutors at DOO that made
- the decision on the "grossly negligent" versus ''extr'emely careless"
- narrative?
- Ms. Page. No.
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- Mr. meadows. Or was that the FBI?
- Ms. Page. No, no, no. So, I'm sorry, I understand your' question
- now.
- with respect to whether a charge could be sustained under the
- "gross negligence" statute, that's a determination made by the
- Department.
- With respect tole. Comey's July 5th statement, when he -- in his
- first draft of the statement back in May, he used the word "gross
- negligence." I don't know whether he used it intending to rely on its
- legal definition or not.
- With respect to the statement, we, the FBI, felt like it would
- be confusing and misleading to use the word "gross negligence" when
- the information that we had received from the Department was that there
- was no change sustainable under, the "gross negligence" statute. And
- so we, the FBI, omitted the "gross negligence" words in his press
- conference statement and moved up the paragraph that already contained
- the "extr'emely careless" language into a different spot in his speech.
- Mr. Meadows. So, Lisa, why would you change that within 2 days
- of -- you know, you admitted the other, day, on I think it was May the
- 4th, where you said now there was real pressure to get the politics
- out of it. And then we know within days that it was changed in what
- we call the exoneration letter'. So why would that have changed at that
- particular point? Do you see how it looks bad?
- Ms. Page. I do. But -- so it's the -- that's just when we
- had -- we, the whole team, had received the draft. Right? So the
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- Director -- and I don't remember the exact date --
- Mr. Meadows. But you received the draft before the text message
- that says, oh, my gosh, now he's the nominee. And so you had actually
- received it. We've got documents --
- Ms. Page. Is that right? I just don't remember the dates
- exactly, sir.
- Mr. Meadows. And so receiving -- it was not after, that. You got
- that, and then all of a sudden within 48 hours it's changed. And as
- a reasonable person, you look, well, there's this statement and then
- all of a sudden it was changed. And you're saying that that had nothing
- to do with it?
- Ms. Page. Yeah, I don't -... I'm not sure I'm totally following
- you, sir. I'm sorry.
- Mr. Meadows. Okay. Well, I'll be clear, --
- Ms. Page. I'm sorry.
- Mr. Meadows. -- because I want you to follow.
- Ms. Page. Yeah, yeah, yeah.
- Mr.Meadows. AndyouknowthatI'veappreciatedyourwillingness
- to help.
- when you said that we had to get politics out of it and you
- changed --
- Ms. Page. The pressure. I think what I said was that --
- Mr. Meadows. -- the pressure ramped up.
- Ms. Page. -- now that it was a two-person Pace -- I'm going to
- try to find thetext itself. But now that it was a two-person Pace,
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- the pressure to finish it had sort of increased.
- Mr. Meadows. Right. So the memo was May 2nd.
- Ms. Bags; Okay.
- Mr. Meadows. Your, text message that we've got to clear, this up
- was May 4.
- Ms. Page. Okay.
- Mr. Meadows. And then we know it was changed by May 6. And
- that's a real problematic timeframe that would indicate that allof
- a sudden we've got to get this cloud from over', you know -- -
- Ms. Page. Oh, I see.
- Mr. Meadows. -- Hillary Clinton and we better, change -- and it's
- just -- it looks suspicious.
- Ms. Page. I see what you'resaying, sir. I don't know if this
- is r'eassur'ing at all, but the decision to change the statement, to omit
- the “gross negligence" language from the statement, was actually not
- either me or Pete's recommendation. It was another, lawyer. I don't
- know if this is any consolation, but -
- Mr. Meadows. Yeah. We've got the email chains. So who was the
- other, lawyer?
- Ms. Page. I'm --
- Mr. Meadows. That's a closed case. You should be able to tell
- us.
- Ms. Page. I have been told by the FBI that people, other, than
- myself, who ape GS-15s, we're not, sort of, providing that.
- Mr. Meadows. So you're saying this is someone lower, than a GS-IS
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- that made that kind of decision?
- Ms. Page. Well, it's not a decision; it's just legal advice,
- right? So there were a group of us --
- Mr. Meadows. You're saying someone lower than a 65-15 make a
- legal decision --
- Ms. Page. No. It was a GS-IS. It's not lower than. It was a
- 65-15. So we had received --
- Mr. Meadows. So was it Ms. Mayer?
- Ms. Page. We had received the draft of the statement. A group
- of us had gotten together in order to consolidate our comments so that
- we were not providing back to the chief of staff to the Director' four
- separate drafts that they had to now reconcile.
- Mr. Meadows. Right.
- Ms. Page. So the four' of us got together. ble were sort of
- reviewing it, sort of, step by step. And the recommendation was: I
- don't think that we should use this phrase, "gross negligence," because
- it has an actual legal term.
- And it was our collective understanding that the Department did
- notthinkthat--andweagneed--thattherewasnotsufficientevidence
- to support both "gross negligence" and that, more importantly, it was
- not a sustainable statute because it was unconstitutionally vague and
- never' charged.
- And so we, really, sort of, as a collective but on recommendation
- of counsel, removed that language and moved up the "extremely careless"
- paragraph.
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- Mr. Ratcliffe. Ms. Page, let me ask youa question. How well
- do you know Jim Comey?
- Ms. Page. How well do I know Jim Comey?
- Mr. Ratcliffe. Yeah.
- Ms. Page. I mean, he's not my personal friend, but I've been in
- a lot of meetings with him.
- Mr. Ratcliffe. Did any of the other folks that you're
- referencing in connection with making the change have more
- prosecutorial experience than Jim Comey?
- Ms. Page. No.
- Mr. Ratcliffe. As someone that knows Jim Comey, is he a person
- that chooses his words carefully?
- Ms. Page. He is, yeah. But I --
- Mr. Ratcliffe. Would he throw around a term like "gross
- negligence" not really meaning gross negligence?
- Ms. Page. In this case, I actually think so, sin, but Only
- because it's a term that obviously he was familiar' with in the statute,
- but as DAG I am certain he would not have ever' seen such a case. And
- the truth of the matter' is 793(f) is not necessarily a particularly
- controversial statute; it's one that's used with some regularity. And
- so I'm not sure, as I sit here today, how familiar, with the detail and
- the specifics of 793(f) he would have been.
- So my guess is he's trying to use a term that makes sense, that
- has sort of a commonsense feel to it, which "gross negligence"does
- and obviously appears in the statute. But it was sort of our' assessment
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- that to use that phrase, because it does have a legal meaning, but then
- to not charge gross negligence, as we knew it was not supportable, would
- Just be confusing.
- Mr. Ratcliffe. But you knew it was not supportable because the
- Department of Justice told you that it wouldn't be supportable.
- Ms. Page. That's correct, sir.
- Mr. Ratcliffe. So you accepted that as the basis for, which you
- wanted to make that change?
- Ms. Page. That's correct.
- Mr. Meadows. I think we're out of time, but one last question
- real quickly.
- So you made that determination without having interviewed the
- last 17 witnesses and Ms. Clinton?
- Ms. Page. Yes, sir, because the legal determination wouldn't
- have been affected by the factual -- the facts, sort of, that may have
- come out of those investigations, night?
- So let's assume things are going swimmingly and, in fact, all 17
- of those witnesses admit, "We did it, it was on purpose, wetotally
- wanted to mishandle classified information," gross negligencewould
- still have been off the table because of the Department's assessment
- that it was vague. We would have other crimes to now charge, but gross
- negligence would not have been among them.
- Mr. Meadows. Thank you.
- [Recess.]
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- [12:18 p.m.]
- Ms. Kim; We'll go back on the record. The time is 12:10.
- Thank you for, being here, Ms. Page.
- EXAMINATION
- BY NS. KIN:
- Q Where you left off that discussion with Mr. Meadows, I just
- want to read you back testimony that you gave last week and see if that
- is responsive to the question.
- So you said it was the FBI team's understanding that, quote, "we
- neither, had sufficient evidence to change gross negligence nor' had it
- ever' been done because the Department viewed it asconstitutionally
- vague."
- Is that correct?
- A That's correct.
- Q And so you said that: When we saw the term gross negligence
- in the Dipectop's statements, we were concerned that it would be
- confusing to leave it in there because it was our' understanding that
- wedidnothavesufficientevidencenonthestmtofconstitutionalbasis
- to charge gross negligence.
- Is that correct?
- A Correct.
- Q And so you said what you actually did was you didn't change
- the language. You -- and this is me directly quoting you. "We didn't
- actually change gross negligence to extremely careless. We removed
- the gross negligence language."
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- Extremely careless had alr'eady appeared in that draft, so it was
- Director Comey's language, was it not?
- A That's correct.
- Q And we moved that draft up earlier, -- we moved that paragraph
- earlier in the draft.
- So it was not a substitution. It was simply an omission of the
- phrase gross negligence because the legal team believed it would be
- confusing.
- Is that correct?
- A That's correct.
- Q Thank you.
- Ms. Page, there have been some others representations made about
- your' testimony last week already in the press.
- I think one representation that has been made to the press is that
- there was an inconsistency in the way that you read a text versus the
- way that Mr. Strzok explained the text.
- I would like to read your' testimony about that text to you. The
- text I'm talking about is the "menace" text?
- A Okay.
- Q So you stated when you were confronted with the text: "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 investigation that the concern that we all
- had was there was a member of his campaign colluding with Russia was
- so great that I'm not -- I'm not 100 percent positive that I can split
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- those."
- Do you recognize that as your' testimony from last week?
- A Yes.
- Q Mr. Strzok, when asked about that same text, stated: "Sip,
- my understanding of the word 'menace' and the use of 'menace' was the
- broad context of the Government of Russia's attempts to interfere with
- our election. To the extent those allegations involved credible
- information that members of the Trump campaign might be actively
- colluding, I see that as a broad effort by the Government of Russia.
- So I don't think you can tease it apart, sir, but it is inaccurate to
- say that it just meant Mr. Trump."
- Given those two statements, would you agree with the
- characterization that those two were incompatible statements?
- A So I think that we're trying to say the same thing. He
- probably said it more artfully. But, again, because this text is
- coming so close in time and it involved my both feeling about my personal
- distaste for Donald Trump as a person, but also my now concern because
- of the predication we had received which would open the investigation,
- I think that what we are saying essentially is consistent.
- And ultimately, it's his -- you know, this is sort of -- whatever
- I intended may not have been ultimately what he perceived. So it's
- hard to say that there is an absolute truth with respect to that -- that
- statement.
- I guess the other thing I would say -- well, I guess that's
- sufficient.
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- Q And, Ms. Page, I think in beginning that colloquy on Friday,
- you said you weren't certain. So that suggests to me that maybe you
- don't remember precisely what you intended.
- Is that correct?
- A I do not. And I think I also said that -- I'm clearly
- referring to an article or' an op-ed that, I guess was about other GOP
- leaders who weren't standing up to the President and myfr'ustr'ation
- about that.
- So I don't know to the extent that that was also informing what
- I was thinking about, but I have, as I sit here today, can't tell you
- concretely because it was just a sort of flash in time.
- Q Understood. Thank you.
- And then one more thing. You were asked on Friday againabout
- the Christopher' Steele dossier, and how it came to the FBI.
- I believe you claimed that you were not really involved with how
- the dossier, came to the FBI so you weren't clear' on its providence.
- Is that correct?
- A No, that is not correct. I am very clear about its
- providence.
- Q Oh, you're very clean about its providence?
- A How we received the reports from Christopher' Steele, yes,
- I am very clean about how we received those.
- Q Certainly. So are you also clean then as to whether, Bruce
- 0hr gave those dossiers to the FBI?
- A This is in the category of things that I can't answer'.
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- 50
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- what I can say is when we first received the set of reports that
- are commonly referred to as the dossier, that initial -- ourhaving
- obtained those documents initially, did not come from Bruce 0hr. They
- came from Christopher Steele through his handler, to the FBI.
- Q Understood. Thank you.
- BY MS. HARIHARAN:
- Q I just want to -- good morning.
- A Good morning. Please go ahead. I'm sorry.
- Q I just want to go back quickly to the discussion about the
- differences between the D0] and the FBI on compulsory process and just
- genePa11ega1or'investigativediffePencesthattnayhaveexistedduning
- the Midyear' investigation.
- So generally speaking, when there were disagreements between the
- FBI and D03 on how to seek evidence, what was the DOJ's position, as
- far, as you can characterize? Like in the sense would the FBI generally
- want to pursue a more aggressive stance and DO3 was more conservative,
- and is that common in investigations overall?
- A Yes. That is true with respect to this investigation. I think
- that even the IG found that the FBI consistently wanted to take more
- aggressive steps in the Clinton investigation.
- It's hard to characterize, you know, two enormous institutions
- of many tens of thousands of people monolithically. But certainlyin
- the counterintelligence realm, the Department tends to be quite
- cautious and quite conservative.
- Q And in the case of the Midyear investigation, do you think
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- the career prosecutors that disagreed on pursuing a moreaggressive
- stance, this was based on legitimate legal differences of opinion or
- was it something on a -- was there a political bias involved or' --
- A I'm not aware of any political bias.
- Q In the inspector general's report, on page 79, I'm just going
- to quickly read the quote. Quote: "Despite the public perception
- that the Midyear investigation did not use a grand jury andinstead
- relied exclusively on consent, we found that agents and prosecutors
- didusegnandjurysubpoenasandothencompu1sorypr'ocesstogainaccess
- to documentary and digital evidence. According to the documents we
- reviewed, at least 56 grand jury subpoenas were issued, 5 court orders
- were obtained pursuant to 18 USC 2763(d) orders, and 3 search warrants
- were granted," end quote.
- Were you part of any of the decisions to issue one of the 56 grand
- jury subpoenas?
- A I was not, no.
- Q Or the 2703(d) orders?
- A No.
- Q Here you part of any of the decisions to issue the search
- warrants?
- A I don't think so.
- Q Generally speaking, can you speak to why the FBI advocated
- for the use of compulsory process in this case?
- A I can't really -
- Q 0r before.
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- A Yeah, I can't answer' that question in the abstract. So, I
- mean, if there's a specific example you want me to speak to, I can try,
- but --
- Q So, again, it's just -- we're trying to understand what the
- difference between DOJ's approach to the case versus the FBI's
- approach. Andso,again,inyourexper"1ence,wasthedifferencesbased
- on legitimate legal arguments or a strategic argument?
- A I'm sure that's true, yes.
- BY MS. KIM:
- Q So let's take from the abstract to the specific. So I think you
- were talking about the culling laptops and the server, the decision
- whether to pursue those through compulsory process or to obtain those
- through consent agreements.
- In your' interactions with Department of Justice personnel, were
- their, arguments that those should be pursued through consent processes
- governed by what you saw as differences of opinion from you that were
- legitimate and grounded in legal Justification?
- A Yeah, I would say so. We -- what I personally found
- frustrating is the Department would sort of make a determination
- that -- part of the argument was that we would not be able to obtain
- the laptops pursuant to compulsory process, which I -- as to myown
- personal experience -- disagreed with. I thought that we would be able
- to. Maybe there might be strategic reasons not to, there might be other,
- reasons not to.
- But I disagreed sort of foundationa11y that it would not be
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- available to us because we would not be able to make out the standard,
- or to be able to pierce attorney-client privilege, or more likely, in
- my view, there was a disagreement about whether, it was -- the sorting
- activity conducted by Mills and Samuelson was opinion workproduct,
- which is quite protected under, the law, versus some other' privilege.
- And so the frustration was in their sort of unwillingness to
- explain their reasoning. They sort of, for many -- for some
- time -- simply stated, as a matter, of course: We can't, and we won't
- be able to.
- And it was my view that that was not the case. And I did my own
- research with respect to that topic because I was frustrated. And so
- we had sort of an ongoing back and forth about that.
- But, yes, it was grounded in, you know, legal disagreement
- ultimately.
- Q And was it the subject of rigorous and vigorous debate?
- A Yes.
- Q Extensive debate where you were free to express your point
- of view?
- A Yes.
- Q And extensive debate where the DOJ did eventually express
- its point of view about its strategic justifications?
- A Yes.
- Q And do you have any reason or evidence to believe that those
- strategic decisions were based on improper' considerations, including
- political bias?
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- A No, I do not. I have no reason to believe that.
- Ms. Hariharan. Did any of the senior, political leaders of the
- DOJ intervene at all in the decision to seek or not seekcompulsory
- process?
- Ms. Page. with respect to that decision, yes.
- So this was very much a -- we were at very much a standstill for
- a considerable amount of time. And it's my understanding -- I know
- for sure that Mr. McCabe had multiple conversations with George Toscas
- on the topic because we all, including up through the Director', Just
- agr'eed that we could not credibly end this investigation without having
- attempted to obtain those laptops and search them.
- And we were sort of not making progress trying to explain or
- convince the Department prosecutors, the line pr'osecutoPs involved in
- the investigation, of this feeling. And even though we kept invoking
- the Director, and we would sort of say, like, we ape not going to close
- this thing until we have tried to get this, they didn't see it as useful.
- They didn't think it was going to change the outcome of the
- investigation, which we agreed with. We didn't have a reason to think
- it would change the outcome of the investigation.
- It wasn't about thinking that for sure there would be different
- evidence in those laptops. It was about our credibility to be able
- to say that we pan down every sort of necessary investigative lead.
- And so because we had sort of reached a stalemate a number of times
- on this discussion, I know that it was elevated to certainly the Deputy
- Director and Geor'ge Toscas.
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- If I'm not mistaken, I think that even the Director may have had
- a conversation with Sally Yates, the DAG, about it, but I'm not
- positive. If it occurred it's in the IG report, but I don't recall
- exactly.
- BY MS. KIM:
- Q So that call seems to be D03 expressing at the highest -- or
- excuse me -- the FBI expressing at its highest levels the decision to
- pursue a certain investigative step and convincing the Department to
- come along with the FBI's reasoning. Is that accurate?
- A Not its legal reasoning, but its strategic reasoning, yes.
- Q That's -- yes. Thank you.
- Are you awar'e of any instances where it went the other, way, where
- the FBI wanted to take strident action but a senior political official
- at the D03 had to talk the FBI down in the Clinton email case?
- Let me try to -- let me try -- you look puzzled, so I mean --
- A Yeah, I --
- Q Let the record reflect you look puzzled.
- A Okay.
- Q Let my try to explain a little bit more clearly what I mean.
- I think the concern here is that there was a DetnocPatica11y led
- political DO3 in charge of an investigation where a prominent Democrat
- was the subject and target.
- Ape you aware of any instances where senior, political leaders at
- the Department of Justice intervened to counsel or order the FBIto
- not seek a compulsory process?
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- A No, not to my knowledge.
- Q So you ape not aware of Loretta Lynch or Sally Yates
- intervening to stop the FBI?
- A No, not to my knowledge.
- BY MS. HARIHARAN:
- Q Okay. So I Just want to move on to just sort of general
- questions about the FBI'sinvestigative techniques. And I knowsome
- of these -- this was somewhat addressed ear'lier', but just to clarify
- a couple things.
- On May 18th, 2918, President Trump tweeted, quote: "Apparently
- the DOJ put a spy in the Trump campaign. This has never" been done
- before. And by any means necessary, they're out to frame Donald Trump
- for crimes he didn't commit," end quote.
- Ape you aware of any information that would substantiate the
- President's claims that the D03 put a spy in the Trump campaign?
- A No.
- Q Does the FBI place spies in U.S. political campaigns?
- A Not the current FBI.
- Q Are you aware of any information that would substantiate the
- President's claim that DOO is out to frame him?
- A No.
- Q In your' experience -- and this goes back a little bit to our'
- discussion on Friday about contacts with human informants -- does the
- FBI use spies in any of its investigative techniques?
- A We call them sources. They're not spies exactly, but --
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- Q Can you, as much as -- again, understanding you were not a
- counterintelligence official -- can you explain for the record the
- difference between a human informant as the FBI specifically uses that
- term and sort of the layman term that is often used in the mediaof
- a spy?
- A The spy is somebody acting on behalf of a for'eign government
- in order to collect intelligence against that government.
- So, you know, a spy is commonly, you know, discussed with respect
- to like an individual who is acting on behalf of a foreign
- government -- say, like Russia or China or, who knows, Iran -- and is
- in the United States trying to collect information in order, to advance
- its country's goals.
- A confidential human source is somebody who has access to
- information which may be relevant to an FBI investigation or may, him
- or herself, have engaged in criminal activity and has agr'eed to
- cooperate with the government and collect additional information with
- respect to the criminal activity he or hen was -- he or she was engaged
- in.
- Q Have you been involved in any investigations where the FBI
- did not follow the established procedures on the use of confidential
- human informants?
- A Me personally? Not to my knowledge.
- Q Have you ever' been involved in a D03 or FBI investigation
- conducted for, political purposes?
- A Never.
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- Q Have you ever' been involved in a DOO or FBI investigation
- that attempted to frame U.S. citizens for, crimes they did not commit?
- A No, ma'am.
- Q Have you been pant of any investigation where the FBI or DOO
- used politically biased, unverified sources to obtain a FISA warrant?
- A No.
- Q Ape you aware of any instances where the FBI and D03
- manufactured evidence in order, to obtain a FISA warrant?
- A Never.
- Q Ape you aware of the FISA court ever' approving an FBI or D03
- warrant that was not based on credible or sufficient evidence, in your'
- experience?
- A No, not to my knowledge.
- Q Are you aware of any attempts by the FBI or DOO to
- intentionally mislead FISA court judges in an application for, a FISA
- warrant by either omitting evidence or manufacturing evidence?
- A No, ma'am.
- Q Are you aware of any instances at the FBI and DOO of an
- investigation failing to follow proper procedures to obtain a FISA
- warrant?
- A No.
- Q I'm going to quote the President when I say this. On
- May 29th, 2018he tweeted: "I hereby demand and will do so officially
- tomorrow that the Department of Justice look into whether, or not the
- FBI/DOO infiltrated or surveilled the Trump campaign for political
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- purposes and if any such demands or requests were made by people within
- the Obama Administration!", exclamation point, end quote.
- Does the FBI conduct investigations to frame U.S. citizens for
- crimes they did not commit?
- A No, ma'am.
- Q Then at a political rally on May 29th, 2918, the President
- again stated, quote: "So how do you like the fact they had people
- infiltrating our campaign?" end quote.
- Did the FBI or DOD ever' investigate the Trump campaign for, quote,
- "political purposes"?
- A No.
- Q Did the FBI or DOI ever, quote, "infiltrate or surveil," end
- quote, the Trump campaign?
- A No.
- Q To your' knowledge, did President Obama or anyone in his white
- House ever', quote, "demand or request,“ end quote, that the 1303 or FBI,
- again, quote, “infiltrate or surveil,“ end quote, the Trump campaign
- for', quote, "political purposes"?
- A No, ma'am.
- Mr. Krishnamoorthi. I just have a couple of quick questions for,
- you.
- First of all, I know that we covered this a little bit, I think,
- on Friday, but can you talk a little bit about your role on the Clinton
- investigation? How did you view it? And what was kind of the
- limitations on your' authority?
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- Ms. Page. So, as I have tried to describe, I'm not on the team
- with respect to -- so the team is comprised of the following: case
- agents, like line agents who ape doing sort of the day-to-day
- investigative activity, line analysts engaged in the sameactivity,
- a supervisor', forensic people, I think a forensic accountant, cyber
- people, support staff, and then, up the chain, sort of more senior FBI
- agents supervising the investigation.
- I am none of those people -- lawyers, of course -- I am none of
- those people. My job was to support the Deputy Director in allthe
- activity that the Deputy Director supervised.
- So we're talking today just about the Clinton investigation and
- the Russia investigation, but, of course, I assisted the deputy with
- all of the responsibilities, save for, limited ones like HR and budget
- and sort of perstonne1-type matters, all of the activities for, which
- he was responsible. So that would be any number, of investigations at
- any given time.
- And with each of those I played both sort of a sounding boar'd-type
- of Pole, to sort of discuss my opinion or his view as to what particular
- step we should take or whether we should, you know, brief the White
- House or Congress or X-activity or Y-activity.
- So at a very high-level kind of macro-decisionmaking on all manner'
- of activity, but also to stay kind of with my ear to the ground on the
- topics that would sort of come before him.
- So, for, example, if there was a meeting that was going to be held
- about a particular cyber' operation or some type of activity, I might
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- reachouttotheprogrammanagerswhowereresponsibleforthatactivity
- in order to get a sense of what this is, why is it coming to the deputy,
- is there a conflict, is there a disagreement --
- Mr. Krdshnamoonthi. Got it.
- Ms. Page. -- you know, was he going to be deciding something,
- so that we had a little bit of preparedness for, the topic that was coming
- to him.
- Mr. Krishnamoorthi. Got it.
- So just so I understand it, basically you don't have any
- supervisory role --
- Mr. Rage; No, sip.
- Mr. Krishnamoorthi. -- with regards to this investigation?
- You're not a member of the team on this investigation, correct?
- Ms. Page. That's correct.
- Mr. Krishnamoorthi. You don't have a supervisory role,
- certainly.
- Ms. Page. I do not have a supervisory role or a decisionmaking
- role.
- Mp.Kr'ishnamoonthi. Andwhatpermcentageofyour'over'al1timewas
- spent on this investigation?
- Ms. Page. Oh, my goodness.
- Mr. Krishnamoorthi. If you just had toballpark it. Probably
- a minimal amount, wouldn't you say?
- Ms. Page. No, it wasn't minimal, but it wasn't the majority
- either. Gosh, I really -... I have -- I cannot speculate --
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- Mr. Krishnamoorthi. So less than 56 percent of your' time.
- Ms. Page. Yes, that's fair.
- Mr. Krishnamoorthi. Okay. So let's say, let's say that you had
- these political views expressed in your' text messages -- and you can
- see why people would be concerned about that. And let's say you wanted
- to railroad this investigation a certain way.
- Ms. Page. The Clinton investigation.
- Mr. Krishnamoorthi. The Clinton investigation in a certain say,
- and you wanted your' political views to actually translate into biased
- actions. It seems to me that you had no opportunity or ability to do
- that because you had no supervisory role on this investigation team,
- you weren't a member of this team. Even if you wanted to, you'd have
- to go through your' Deputy Director McCabe to do anything in terms of
- taking action. Is that r'ight?
- Ms. L'age, That's fair, sip. I guess --
- Mr. Krishnamoorthi. So -- go ahead.
- Ms.P_age, Iguesstheother"thingrwou1df1agisthat1think--1
- mean, obviously you, the public, many have tens of thousands of my
- texts. I think there are, I don't know, maybe two or' three total in
- which there's anything favorable said about Hillary Clinton atall.
- And the note -- the fact that before July 28th when we received
- the predicating information for the Russia investigation, the fact that
- I didn't care for Donald Trump is not particularly relevant to me with
- respect to the investigation we were conducting on Hillary Clinton.
- The two of them had nothing to -- you know, my opinions on him
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- had nothing to do with whether or not she in fact handled -- mishandled
- classified information.
- You know, I don't -- I don't -- what's been frustrating and what
- has sort of strained credulity to me is that the sort of pejorative
- texts about Donald Trump that I make before July 28th are Just my
- feeling about him personally and don't really have any bearingwith
- respect to how I feel about Secretary Clinton.
- So it just -- anyway, it just strikes me as how I feel about Donald
- Trump doesn't really have any bearing with respect to whether or not
- Secretary Clinton mishandled information. And the reality is, as I've
- sort of said, I wasn't particularly fond or' favorable toward Secretary
- Clinton.
- And during the course of the investigation, you know, as we've
- discussed a number, of times, both Pete and I were regularly the people
- advocating for, the most aggressive course of action with respectto
- the Clinton investigation.
- Mr. Krishnamootsthi. And what would be, in your' view, kind of the
- best example that would show that you took that type of approach?
- Ms. Page. It was true certainly with respect to the laptops that
- we've discussed. I mean, we were -- we were -- sort of adamantly fought
- the need to get those laptops, which Secretary Clinton's people were
- adamantly fighting us sort of not to obtain, and the Depar'tmentdid
- not want us to obtain those.
- Let me -- I'll have to think about other, examples, but there's,
- I think, two or three that -- at least I discussed with the IG in the
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- past, that where we sort of disagreed with the Depar'tment. And itwas
- Pete and I sort of advocating the more aggressive position against
- Secretary Clinton.
- Mr. Krishnamoor‘thi. Got it. Okay. If you guys want to take it.
- Thank you.
- Ms. Page. You're welcome.
- BY MS. KIM:
- Q Ms. Page, Republicans have repeatedly raised questions about
- why the FBI did not provide the Trump campaign with a defensive briefing
- about Russians attempt to infiltrate the campaign.
- We understand from public reportings that senior officials from
- the FBI gave a high-level counterintelligence br'iefing to theTrump
- campaign after, he became the presumptive Republican nominee in
- July 2016.
- In that briefing we also know that FBI officials reportedly warmed
- the Trump campaign about potential threats from foreign spies and
- instructed the Trump campaign to inform the FBI about any suspicious
- overtures.
- Did you have any involvement in giving these briefings to the
- Trump campaign?
- A I was not present for the briefings to the Trump campaign,
- no.
- Q Did you receive readouts from the briefings?
- A I did.
- Q Is it true that senior, FBI officials warned the Trump
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- campaign as early as July 2016 that Russians would try to infiltrate
- the Trump campaign?
- A I don't recall that specifically, but I don't have any reason
- to disagree with you.
- Q Would the briefing have touched on how the campaign should
- react to offers from foreign nations to interfere in our' elections?
- A I don't think a briefing would have been that specific. I
- think we would have -- as is the case in a typical defensive brief -- I
- think that we would have flagged if you encounter activity which you
- believe is suspicious, particularly from threat countries, that they
- should notify the FBI.
- Q Toyourknowledge,didtheTrumpcampaignreportanycontacts
- with foreign officials during this briefing?
- A I'm not sure.
- Q So are you aware of the Trump campaign reporting contacts
- between George Papadopoulos and Russian officials?
- A Oh, no, I don't believe that occurred.
- Q Do you recall the Trump campaign r'epor'ting the June 2916
- Trump Tower meeting with senior, campaign officials includingDonald
- Trump JP., Jared Kushner, and Paul Manafort?
- Mr. Bessee. So I will -- sorry -- I will instruct the witness
- not to answer' anything that goes into the special counsel's equities
- and the ongoing criminal investigation. So that would impact that
- particular' --
- Ms. Kim. Thank you.
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- Ms. Page. Thank you. Sorry.
- Ms. Kim; Two weeks after this briefing, on August 3rd, 2016,
- Donald Trump JP. r'epor'tedly met at Trump Tower with an emissaryvmo
- told Donald Trump Jr. that the princes who led Saudi Arabia and the
- United Emirates were eager' to help his father win election as
- President.
- To your' knowledge, did Donald Trump Jr. report this offer, from
- the Saudis and the Emiratis to the FBI?
- Mr. Bessee. Again, anything that goes into the ongoing criminal
- investigation or anything that impacts that, the witness will not
- respond to -- will not be able to respond to those questions.
- Ms. Kim; Thank you.
- BY MS. KIM:
- Q Ms. Page, can you explain generally the national security
- implications for a political campaign concealing or failing to report
- foreign contacts of offers to interfere in our election?
- A Well, this is -- I'm not sure it's a commonplace occurrence.
- But speaking generally, an effort to affect an American electionis
- obviously a quite serious one, r'egar'dless of -- voting and the
- democratic process is obviously sort of a foundational backbone to what
- makes America America.
- So any effort by a foreign power' to intercede or intervene in any
- way is of grave concern. It would be even more so if it was in fact
- true that a political campaign was working with a foreign power' in order
- to affect an American election.
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- Q And again to your' knowledge, a defensive briefing of this
- nature would have involved general instruction to report outreach from
- target foreign countries to the FBI?
- A I'm sorry, I don't -- I have to take issue with the nature
- of your" question.
- You're suggesting that a defensive briefing with respect to an
- involvement or an intrusion into the American election may have taken
- place and I don't think I have answered that question.
- what I have answered is that I am aware that a defensive briefing
- with respect to foreign powers and what for'eign powers may -- how
- foreign powers may try to contact you -- collective -- your" campaign
- collectively, now that you are the presumptive candidate, and how you
- should handle that.
- But I don't think I have answered a question with respect to a
- defensive briefing about interference in an American election.
- Q That is fair. Thank you for clarifying.
- And in a general defensive briefing about general foreign
- t.hr'eats, is there a general guidance given that foreign threats should
- be reported to the FBI?
- A Yes.
- Q Thank you.
- I think that leads us to -- leads us well to the question of why
- the FBI, particularly the counterintelligence officials at the FBI who
- were working both on the Midyear' investigation and on the Russia
- collusion investigation, were prioritizing the Russia collusion
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- investigation in the September/october' timeframe.
- The inspector general's report was not favorable to Mr. Strzok
- in this regard. It characterized his prioritization of the Russia
- collusion investigation as perhaps indicative of some kind of political
- bias.
- I think you were there. You saer. Strzok's workload. And you
- were intimately familiar with both investigations.
- Do you have a general response to that finding by the inspector
- general?
- A I do. I am honestly baffled that they would find such a
- thing. And I do believe that they did the best they could to conduct
- that investigation fairly. And I cannot understand, particularly in
- light of what I know I said to them, I cannot understand how they could
- peach that conclusion.
- what we were dealing with at the outset was -- this is now, you
- know, October. This is a month before the election. And I can't speak
- to whether we were any closer to determining whether there was in fact
- collusion, because I'm precluded from doing so right now, but we are
- still looking very seriously at whether, our most threatening, most
- hostile Foreign power' was engaged in -- was working with an American
- political candidate or members of that candidate's team to affect the
- outcome of an American election.
- It is an unheapd-of investigation, in the first place, in the
- counter'inte11igence realm. Russians engage in all manner' of nefarious
- activity, but this was a new height in terms of brazenness -- if
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- true ..- in terms of brazenness.
- And with r'espect to how threatening that would be -- again, if
- it were true -- the notion that there might be more emails that have
- not previously been seen that existed on Hillary Clinton's email server
- Just simply don't even enter, into the realm of the same room of
- seriousness.
- The Clinton investigation involved activities that had taken
- place 3years prior. It's anentirely historical investigation. Even
- if -- even if there had been dispositive evidence which revealed -- I
- don't know what -- even there, which would be a very serious allegation,
- in my assessment, and I think in the assessment of the
- Counterintelligence Division, they still don't even come close to the
- threat posed if Russia had co-opted a member of a political campaign.
- So that alone is really baffling to me, that they equated the sort
- of two investigations.
- Furthermore -- and this is based on my own personal
- knowledge -- almost as soon as we discovered that there may be these
- additional emails, that was assigned to people who were not involved
- in the Russia investigation.
- So it would not have been Pete's responsibility in the first place
- to have engaged and conducted that investigation. He's the lead of
- it. He's not the one who's going to go to New York. He's not the one
- who's going to, like, do the forensics on it, like.
- And so it made, in my mind, perfect sense what he did, because
- he called on people who had been on the Clinton investigation, who were
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- not on the Russia investigation, to follow up and find out what the
- facts were, whether, it was worth our while.
- Because I will say, it's not as though every time there was any
- allegation that there might be a new email that lives, you know, in
- Peoria, not every one of those was -- necessitated investigative
- activity.
- The only reason that this one ultimately got our' attention, and
- this only occurred, to my recollection, later' in October, is because
- of the volume of the emails which potentially existed on Mr. Weiner's
- laptop.
- At the time that we first got the information, I'm not aware of
- that having been told to us. I don't recall in late September', early
- October', when I first found out by the Weiner laptop, I don't recall
- being told that it was, you know, tens of thousands of Hillary Clinton
- and Huma emails.
- We knew that there were many tens of thousands, if not hundreds
- of thousands of emails on Mr. Weiner's laptop, but it's not -- my
- recollection is that it's not until later, into October, do we actually
- learn that, no, no, these actually might be relevant and fronla relevant
- timeframe.
- Ms. Hariharan. Can you describe the extent of the overlap
- between folks who were on the NYE team and folks who were on the
- Trump-Russia team? Because, you know, it's reported as if they are
- the same.
- Ms. Page. They are not the same. What is the same are the sort
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- of senior, people. And that makes sense because there are fewer people
- who are in a senior, position who could supervise the investigation.
- 50 you have to understand, like, for example, in the
- Counter'inte11igence Division, there are three DADs, there arethree
- deputy assistant directors, one of whom is analyst, so not an agent,
- not somebody who you would expect to pun an investigation, andthen
- there are two other, ones. One was Pete and one -- I'm not sure when
- it was filled, but was open for, a short period of time.
- Sounith respect to the personnel writ large, almost everyone below
- Pete and Jon Moffa in the Counterintelligence Division in terms of the
- agents who were working on the Russia investigation, almost all of
- them -- I think all of them, in fact -- are different from the
- line-level agents and analysts who worked on the Clinton
- investigation.
- And this was in part, too, because everybody was exhausted. We
- had worked incredibly hand and as fast as we possibly could on the
- Clinton investigation. And the truth of the matter, was, those of us
- who were on Clinton and who stayed over' for, Russia all just really
- couldn't believe ourselves that we had to sort of gear' up again, you
- know, 3 weeks after being finally done with Clinton and finally being
- able to get back to all of our' day Jobs, that we were sort of gearing
- back up again.
- So it's only -- really it's the people that met with Jim Comey.
- Those are the only people that were really the same with respectto
- both teams. So it's the same general counsel, the same deputy general
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- counsel, me, Mr. McCabe, Dave Bowdich.
- The EAD for, National Security Branch changed, but that was Just
- because of regular personnel turnover. Bill Pr'iestap was the same.
- Pete was the same. Jon Moffa was the same.
- But other, than that, all of the pest of the personnel were, to
- the best of my knowledge -- there could have been one or two -- but
- all of the rest of the personnel on the Clinton team and the Russia
- team were different.
- BY MS. KIM:
- Q Was there anything about the timeframe in which the Weiner
- laptop was processed that seemed unusual to you? So that's to say,
- would it have been unusual for imaging and processing that kind of data
- to take more than a few weeks?
- A No, it happens all the time. And especially with a laptop
- that was as voluminous as Mr. Weiner's was, the forensic work and the
- pr'ocessing and the imaging regularly crashes and stops and has to be
- done again.
- I don't know precisely how long it took, but the notion that it
- took a week on 2 as being unusual -- particularly, because it was not
- a priority the case for, the New York field office -- I should -- let
- me take that back.
- There was nothing about it that necessitated an exigency to the
- New York field office. This was a potential child exploitation case
- but, again, I don't think that there was an allegation that there was
- ongoing exploitation.
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- And so I don't know how the New York field office chose to
- pPioritizeitwithnespecttoa11oftheothePwor'kthattheywenedoing,
- but there's nothing about it, to me, that stands out as necessitating,
- you know, an emergency, you know, imaging.
- Q Did you per'sbna11y observe any evidence suggesting that
- Mr. Strzok was prioritizing the Russia investigation at the costof
- the Hillary Clinton email investigation reopening?
- A Well, I mean the answer, is we were prioritizing the Russia
- investigation because it was more important and more serious. But I
- wouldn't say that it was a zer'o-sum issue because he didn't neglect
- the Clinton investigation. He assigned it to the people who would
- appropriately have to handle it.
- Q Yes. AreyouawareofanyevidencethatMr. Str'zokor'anyone on
- the Midyear investigation team was trying to bury the existence of the
- Weiner laptop or the data found therefrom?
- A No, not at all.
- Ms. Hariharan. Are you aware of any evidence that MP. Strzok
- prioritized because of his political biases or was it because of Just
- how serious the Russia investigation and how grave a threat it was?
- Ms. Page. It's the latter. It's because the Russia
- investigation was a serious threat to the national security. Whether
- there are additional classified emails on a laptop that didn't belong
- to Secretary Clinton just, in my view, did not rank in the same way.
- BY MS. KIM:
- Q And I just want to be clear of the nomenclature. When we
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- talk about the Russia collusion investigation in this timeframe,
- candidate Donald Trump is not the subject of that investigation. Is
- that correct?
- A That's correct.
- Q I believe that's what Director, Comey has publicly stated.
- So it was a very narrowly scoped, very discrete investigation,
- because we understood the gravity of what it was we were looking at,
- and we were not going to take a more extreme step than we felt we could
- justify.
- Ms. cis. I think we're okay going off the record at this point
- for a lunch break until 1:36.
- Thank you.
- [Recess.]
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- [1:30 p.m.]
- Mr. Parmiter. Let ' s go back on' the record. The time is 1:30 p.m.
- BY MR. PARMITER:
- Q And, Ms. Page, I Just had a couple of followup questions from
- things that were discussed in the first hour.
- You had mentioned that changes -- it had been determined that
- changes were not sustainable under' 793(f)(1) in particular. I'm just
- curious whether, there are elements of that statute that were not
- satisfied in the case or was it Just the gross negligence issue --
- A I think --
- Q -- that led to that conclusion?
- A Sorry.
- I think that it was both. But honestly, I'm not positive as I
- sit here today. Because if the statute is unconstitutional, it doesn't
- matter if you have all the evidence in the world, you can't bring that
- case.
- So I think that I have said -- and I think that the minority staff
- read back to me -- a comment that it was both insufficient evidence
- and unconstitutionally vague. And I guess I'm not certain about the
- first point, about insufficient evidence, because it doesn't really
- ultimately matter, what the evidence shows if the statute is -- is not
- constitutional.
- Q Okay. But, I mean, would you agree that, you know, the
- Secretary of State is someone who's lawfully entrusted with classified
- information and that a private server is not the place -- if classified
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- information is stoned on anything others than a classified server OP
- system, It would be out of its proper place?
- A That is correct, sir.
- Q Okay. To your' knowledge and in your" experience, did D03 ever'
- inform you of any other statutes that are unconstitutionally vague?
- A In the history of my being at the FBI and DOJ?
- Q Do you recall any --
- A I'm not positive, to be honest with you. I mean, the truth
- of the matter' is the ctounter'espionage section at the Department, as
- I think I've said, is just conservative by nature and cautious by
- nature, very much to the frustration of the FBI.
- And I've certainly been present with a number' of meetings in which
- they didn't want to prosecute or' they didn't want to bring changes on
- totally unrelated investigations, but didn't -- couldn't necessarily
- articulate what was insufficient about the evidence or' -- so, I mean,
- this is -- I guess what I'm trying to say is this is a little -- it's
- a somewhat institutional fact as well. But whether others statutes were
- vague, I just don't remember.
- Q Okay.
- BY NR. SOMERS:
- Q Do you remember any discussion of whether the Logan Act could
- be charged?
- A with r'espect to Secretary Clinton?
- Q with r'espect to anybody.
- A On the Clinton investigation, I don't remember a discussion
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- of the Logan Act.
- Q 0n the Russia investigation?
- A I am privy to conversations about the Logan Act in the Russia
- investigation.
- Q Was it allowed to be charged?
- A I don't think it's been charged.
- Q My question is whether -- you were told that the gross
- negligence part of --
- A Oh, I see what you're saying.
- Q -- 793 could not be changed. I'm asking whether you were
- told --
- A Yes.
- Q -- that the Logan Act could or could not be charged.
- A So I -- okay, so let me see how I can answer this.
- There were discussions about the Logan Act with the Department
- and similar concerns, not about the constitutionality of the statute,
- but about the age and the lack of use of the Logan Act. I did
- participate in conversations with the Department about it being an
- untested statute and a very, very old one, and so there being
- substantial litigation risk, not unlike, although this compar'ison was
- never made, but not unlike the gross negligence statute.
- This would -- this would be a -- a risk, a strategic and litigation
- risk, to charge a statute that had not sort of been well-tested.
- Q But the gross negligence part of 793, that was a clearly it
- couldn't be charged versus a -- I think you just described it as a
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- litigation risk with respect to the Logan Act?
- A With respect to gross negligence, that is correct, sir. I'm
- sorry, that it could not be charged or should not be changed, because
- it was -- I think it's both. It was not constitutional but also
- untested, which goes to the question about its constitutionality,I
- think. So I think they're somewhat intermingled, those two, with
- respect to gr'oss negligence.
- Mr. Parmiter. Mr. Meadows.
- Mr. Meadows. Thank you.
- Lisa, I'm going to go over" a few text messages. None of them are
- personal. And so I Just want to really try to get some clarification
- from you.
- I probably have read more text messages that have been published
- andnonpub1ished,andevenonsomeofthenedactedsondsthator"1gina1ly
- were redacted that you may be able to help me get a good understanding
- of what's there.
- So early on, in August -- well, first off, is there a difference,
- from an FBI's perspective, of a confidential human source and a
- confidential informant? Because I read the FBI manual, and it seems
- like one gets treated one way and another, gets -- but from your'
- perspective, they're one and the same?
- Ms.Lage_. I --theterm1thatweuseforsitisaconfidentialhuman
- source. A more, I guess, layman term would be an informant. But to my
- knowledge there is no distinction with respect to the rules which
- govern a source's activity. These are one and the same.
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- Mr. Meadows. Because one of the things I was reading indicated
- that I guess when we have confidential human sources that we pay there's
- a whole litany of things that the FBI and DOI have to go throughon
- those confidential human sources that we actually pay.
- Are you aware of that?
- Ms. Page. I think there are -- I'm not sure there -- I'm not sure
- about that, sip. There are certainly rules with respect to paying a
- source, but the -- with respect to opening a source and how you handle
- a source and the admonitions that you provide a source, those are the
- same regardless of whether a source is paid or not.
- Mr. Meadows. Okay. In a text message back and forth between you
- and Peter' Strzok shortly after, he returned - there was an
- article that came out and it was "Inside the Failing Mission to Save
- Donald Trump From Himself."
- And in the redacted portion, it says: But see, this article so
- rings true that then I think that the confidential human sourcewas
- [redacted] is wrong is [redacted].
- Were you aware of any time where you felt like you questioned the
- confidential human source, as this text would indicate?
- Ms. Page. Can you, do you mind, could you --
- Mr.Meadows. Yes. Itwou1dhavebeenontheAugust13thof2t316,
- at 13:22:29, or 27, I guess. You're going back and forth talking about
- 3025 with the State Department and --
- Ms. Page. So are we talking about Clinton then it sounds like?
- August ~-
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- Mr. Meadows. Well, I don't -- the Clinton investigation would
- have been over, with at that point.
- Ms. Page. That's true. I'm sorry, sir, the date again?
- Mr. Meadows. It would have been August 13th of 2016. It was
- about 2 weeks after Russia opened.
- Ms. Page. Okay.
- Mr. Meadows. Russia opens. Peter' StPzok travels -
- Peter Strzok _ And you're going back and
- forth, apparently mad because the State Department says, you know --
- Ms. Page. So we're talking about two different things. So the
- State -- let me just take a second and look at this.
- So there's no debate. So this is me. I'm sorry, so a couple
- texts up, this is Pete: Hey, read the email I Just sent. I did not
- include GPA or OCI in the distro. I'm responding, I don't know what
- the email is, but: There's no debate. I'm going to forward to Kortan.
- God, it makes me want to tell State to go F it.
- So we're talking about Clinton now. And what I suspect we're
- talkingaboutisneeding --youknow,there'sstillthingsthatweneed.
- I don't know whether it's -- whether' we're producing in FOIA or what
- we're talking about. But there, I think --
- Mr. Meadows. Then you switch, I guess, to the confidential human
- source.
- Ms. Page. Yes, I thinkthat's night. So then: Yep, youthink
- we would have -- you think we should have commented if only to rebut
- State's expectation of interagency coordination crap.
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- I think that there was like a press confepence op something that
- we were pissed about that State was essentially saying, like, maligning
- the FBI. This is normal interagency, you know, kind of -c
- HC. Meadows. Right, night.
- Ms. Page. So the same thing with the next one.
- Mr'. Meadows. So it is right aften that where you talk about not
- believing the confidential human source, Ot' believing that --
- Ms. Page. Is that what that -- so I don't know what that --
- Mr. Meadows. Yeah. In the redacted, it says, I think -- and
- I'll give you the r‘edaction -- that - the other, redacted
- word.
- So I guess the question becomes is, at any point did you question
- whether - as this text message
- would indicate?
- Ms. Page. So I think we're constantly questioning ourselves,
- actually. I don't know --
- Mr'. Meadows. This would have been very early on. So you've had
- - and almost immediately
- you'r‘e questioning whether, _
- Ms. Page.. So I think that ' s exactly what you want us to be doing,
- night? So I don't know what this article says and I don't know what
- is prompting the thinking, but we constantly want to be testing OUP
- own assumptions and testing -
- Now, - with respect to -lml8
- - So it's not a matter of -
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- - night. That was sort of not in question with r'espect
- to --
- Mr. meadows. Just that they had made the wrong assumption.
- Ns. Cage, Or that -
- -I-, right? Are -
- - or is the —-
- Mp. Meadows. So typically --
- Ms. Page.L That's the question that we're trying to answer'. And
- so --
- Mr. Meadows. Right. So there was some question back and forth
- at this par'ticular' point between you and Peter Strzok on whether‘ -
- - And in doing that, how do you
- -l-l-i.t
- Ms. Page. That's the investigation, sip. That's precisely what
- the investigation was designed to do. And so the entire
- objective -- and I really do hope to convince you guys that we did things
- the way that the American people would want us to do them.
- We get this predication that suggests -
- - and we take these very discrete
- steps to figure out is this true and, if so, who could be in a position
- to have received this information.
- And so -- but we're constantly challenging our' own, assumptions.
- And so we're taking investigative steps in order, to try to figure out,
- okay, _
- —
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- -.r A Russian can't just like [sound of knocking]
- knock on the doors of any old stranger' and say, hi --
- Mr. Meadows. Let's hope not.
- Ms. Page. I would hope, right? That's unlikely to be
- productive. So you look to see are there -ll-l
- —
- -
- And so, again, not knowing what I was thinking at the time OP what
- the article says, it wouldn't strike me as inappropriate at all, in
- fact, quite the contrary. We are constantly, is this all just puffery
- or' is this real?
- Mr'. Meadows. So was this the only time that you feel like you
- --ltl-1
- -I-.' Was this a single time?
- Ms. Page. I can't remember any other, particular time, but I
- didn't r,emember, this one so --
- Mr. Meadows. But you're saying that it normally happens on a
- pr'etty regular basis, so you go back and forth. So this would not be
- out of the norm to say, well, -
- Ms. Page.. That is the point of the investigation, to try to get
- to the bottom of it, sip.
- Mr. Meadows. So let me go a little bit further, then. In looking
- at this review, very early on, without getting into the specifics of
- the actual investigation, there were a number, of briefings that were
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- occurring. How many Crossfire Hurricane briefings were you involved
- with?
- Ms. Page. Briefings for whom, sin? I'm sorry.
- Mr. Meadows. Well, how many briefings were you involved with
- that were outside the -- that had outside players beyond the FBIor
- DOJ?
- Ms. Page. None.
- Mr. Meadows. All night. So there were never' any briefings that
- you attended where there was other intelligence officials part of the
- briefing outside the FBI and D03?
- Ms. Page. Not about the Crossfire investigation, sir. So
- there's two things operating at this time. I certainly participated
- in pr'epar'ation sessions for, the Director when the Director would either,
- be going to the white House or maybe have a call --
- Mr. Meadows. Right. We've got that. I think we've talked
- about that before, because I think early on, August 5th, there's maybe
- the first original what we called at that time the Russia investigation
- briefing that happened. Peter, Strzok comes back -ll, makes
- it Just in time for, you to have that. There's a briefing that occurs
- on August 8th.
- And then there's a briefing with Denis McDonough at the white
- House where Jonathan Moffa and others attended. Were you aware of
- that?
- Ms. Page. I'm sure you're night. I was aware of the briefings
- that were occurring at the White House. But those were not about the
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- Crossfire. To the best of my knowledge, those were not --
- Mr. meadows. So they had nothing to do with any potential
- collusion between Russia and the Trump campaign? That was never'
- mentioned?
- Ms. Page.. Not to my knowledge. It was always about the Russian
- active measures effort.
- Mr. Meadows. All right. And so if that's, indeed, the case, at
- some point it changed. At some point, there were other, people outside
- the FBI and D03 that were involved with that . And so I'm going to dir'ect
- your' attention a little bit later.
- Because on August the 25th, there's a text Message going back and
- forth where I think it talks about the fact, you know, what are you
- doing after, -- and it's redacted -- the I brief. And it's August 25th
- at 19:30:56.
- Ms. Page. I see that. But mine's redacted. What does it say?
- Mr. Meadows. Yeah, yours is redacted. But it says: what are
- you doing after, the . brief? And so that I brief you're saying was
- an internal brief within the D03 and FBI?
- Ms. Page. Oh, yes, within, to the best of my knowledge.
- Mr. Meadows. Because it's the same day that Director Brennan is
- briefing Harry Reid, is why I ask. And so what you're saying is you
- were unaware that Director Brennan was briefing Harry Reid that same
- day?
- Ms. Page.. I had no knowledge of that, no.
- Mr. Meadows. Okay. All right. So if you' re looking at a brief,
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- typically who would you brief?
- Ms. Page. So we had regular updates for, the Director, and the
- Deputy Director. I'd say certainly every 2 weeks, but possibly even
- more frequently. We had sort of standing sort of update meeting for,
- either, the deputy --
- Mr. Meadows. Similar, to you did during the MYE --
- Ms. Page. Correct.
- Mr. Meadows. -- and you're doing that now. And so you do those.
- And those briefings were intended for the Director or the Deputy
- Director to do what?
- Ms. Page. To stay abreast of what we had found to the extent
- we -- it allowed for a r'egular' tempo, so that if we had a question about
- an investigative step or really Just to sort of stay abreast of what
- we were doing and what we were learning.
- Mr. Meadows. So because ofthe critical nature, you know, as you
- characterized it earlier, you believe that this was more important than
- the NYE in terms of its potential.
- when you were doing those briefings with the Director and the
- Deputy Director -- and the minority were talking about the defensive
- briefings -- to my knowledge, and it's been -- we've looked to try to
- find anything other than what I would say the normal defensive briefing
- that you do for, candidates, where you say, by the way be careful, change
- your' passwords, you know, this is what you look for.
- Did any of that brief that you ever' did for, the Deputy Director
- or Director end up in a detailed defensive briefing for at that point
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- candidate Trump?
- Ms. Page. I don't believe so.
- Mr. Meadows. And if it were critical, especially in light of some
- of the individuals and because Donald Trump was not a subject of your'
- investigation, and you were taking it seriously, who would have made
- the decision not to do a defensive briefing, to say, "Hey, by the way,
- you may have someonethat's really getting contacted by afor'eign entity
- and you may want to be aware of it"? who would have made the decision
- to either, tell the candidate or not tell the candidate?
- Ms. Page. That's a good question. I don't recall it ever' coming
- up.
- Mr. Meadows. So you're telling me it never' came up
- to -- something this important, it never' came up to tell the potential
- candidate that they might have a problem with somebody talking to the
- Russians?
- Ms.P_age, Sothat'sright,sir,butthat'sbecausewedidn'tknow
- what we had. So typically, when we have a defensive brief, wehave
- pretty unassailable evidence. -
- Mr. Meadows. Right, and I don't want you to.
- Ms. Page. No, no, no, I won't, but --
- Mr. Meadows. Because it's been characterized sometimes that I
- do, and I don't want you to go into that. I guess --
- Ms. Page. No, but --
- Mr. Meadows. So you're saying you didn't have a conclusion. You
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- didn't have a specific --
- Ms. Page. Right. So typically what would happen is if we had
- much more unassailable evidence -- or much more frequently is you would
- haveanindividua1whowasa1readyknowntotheUnitedStatesGovermment
- as suspicious in some way and associated with a hostile foreign
- government.
- So we already know that, you know, Joe is of a concern to us. Once
- we see Joe starting to reach out to a Member of Congress or starting
- to reach out to a candidate, you know, to the extent we know what Joe
- is saying or what Joe might be doing, that's when we would probably
- flag for that individual: You need to be aware that so-and-so may not
- be what they seem.
- In this case, we don't know what we have. So it's not to say that
- we never, would have gotten to a place where we might have done that,
- depending on how -- what the evidence demonstrated, but certainly at
- this stage, but even later, in the investigation, my personal view is
- I don't think that it would have been appropriate to do.
- Mr. Meadows. So under, your' personal opinion, there was never'
- enough evidence to do a defensive briefing with specific targets? And
- I don't want to put words in your' mouth and I see you smiling, sol
- don't -- but that's what I'm getting to.
- I mean, at some point you have to have enough "there" there, I
- guess, to quote someone else, to be able to suggest that there would
- be a defensive briefing, and you're saying that that defensive briefing
- never" took place because of a lack of specificity.
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- Ms. Page. No, notexactly, sir. You would want to know for, sure
- what you had in front of you.
- Mr. Meadows. So you wouldn't want to falsely accuse somebody?
- Ms. Page. You wouldn't want to -- well, you would want to
- know -- you would want to be able to say: We believe that so-and-so
- is, you know, an agent of a foreign power' or we believe that so-and-so
- may be working with, you know, a hostile foreign source.
- Mr. Meadows. And so that did not happen prior to November, 8th
- of 2916 at least, because you would have done a defensive briefing,
- based on --
- Ms. Page. Not -- there's no -- no, sir. There's no
- hand-and-fast rule. I don't -- I don't -- I don't want to leave the
- impression that once you meet X criteria a defensive briefing occurs.
- This is fluid and happens at the sort of discretion and judgment of
- senior, counterintelligence officials and, fr'ankly, the deputy or the
- Director himself with respect to certain high-level individuals.
- It's -- I'm -- I'm -- I'm a little constrained. I feel a little
- constrained in terms of what I can say. Let's try to speak
- hypothetically.
- One of two things might lead you not to conduct -- multiple things
- might lead you not to conduct a defensive briefing. One of then might
- be insufficient evidence.
- Mr. Meadows. which is what you said at least at this date, you
- had insufficient --
- Ms. Page. Certainly in August, I would agree with that. A
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- couple weeks in, we don't know what we have. I think that that's fair'.
- On the opposite spectrum, it might be inappropriate for
- investigative reasons to provide a defensive brief.
- Mr. Meadows. But that would only be if Donald Trump was the
- subject of your' investigation.
- Ms. Page. No, sin.
- Mr. Meadows. I mean, at what point -- so I guess take it from
- my standpoint. As a Member of Congr'ess, if I'm inadvertently having
- contact with somebody, of which I have contact with Russian diplomats
- on a weekly basis many times, and I assume every one of them want to
- do us harm. I mean, so --
- Ms. Page. You should, sip.
- Mr. Meadows. -- for, the record --
- Ms. Page. I agree with you totally.
- Mr. Meadows. -- I want to make sure that I assume every one of
- them wants to do harm to us.
- Ms. Page. Yes.
- Mr. Meadows. So in doing that, at what point would you peach out
- and say, you know, Mark, by the way, you may want to be -- this -- I
- mean --
- Ms. Page. So the reason I am trying to tread lightly here is I
- don't think that Donald Trump would need to be the subject of the
- investigation in order for, us to make a decision that a defensive
- briefing is not appropriate.
- But there are certainly gradations shy of subject which, if
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- true -- and I'm not suggesting that they ace true -- but if
- hypothetically, and I truly mean this in the hypothetical, if we thought
- that Donald Trump is not the subject, we're not suggesting that he's
- the person in touch with Russia, but maybe the evidence suggests that
- he knows that his people are in touch with Russia.
- Mr. Meadows. But to be clean for, the record, there was no
- evidence that suggested that.
- Ms. Page. I am not speaking with respect to the evidence at all.
- Mr. Meadows. I just want to make sure we're clear' for'the record.
- Ms. Page. I am making no statement with respect to the evidence
- we had. I am speaking hypothetically.
- Mr. Meadows. So let me go back, because one thing gets really
- concerning. So you give a brief on August the 25th. Director Brennan
- is giving a brief. It's not a Gang of Eight brief. It is a one-on-one,
- from what we can tell, a one-on-one briefing with Harry Reid at that
- point.
- And it becomes apparent, based on your" text messages and based
- on Director Comey's emails, that you all are aware that that
- conversation took place.
- Were you aware that Director Brennan had a briefing with Harry
- Reid and that you expected a letter, from Harry Reid?
- Ms. Page. I take your' word that I was.
- Mr. Meadows. Well, no, I don't want you to take my word.
- Ms. Page. Ijustdon't --Ir'emembenHartyReidsentiingaletter,
- like I remember that happening sometime during the course of this
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- investigation. But I do not have any recollection if I knew -- we had
- regular Crossfire briefs of the entire team for, the Director. I do
- not recall the Director telling us that Brennan was planning to brief
- Harry Reid that day and --
- Mr. Meadows. No, no, I'm not saying that he knew that he was
- planning to brief him, but that once he briefed him, because it appear's
- that certain elements of what is now referred to as the dossier were
- communicated to Harry Reid, based on that letter, because --
- Ms. Page. I have no knowledge of that. We didn't have the
- reports yet.
- Mr. Meadows. So -- and I know. According to othertestimony,
- apparently you didn't actually physically get the documents until
- mid-September. Is that correct?
- Ms. Page. That is correct, sir.
- Mr. Meadows. So on August --
- Ms. Page. Not just physically. Even electronically, like --
- Mr. Meadows. So on August 30th -- but you were aware of it prior
- to that?
- Ms. Page. No, sir. No, sip.
- Mr. Meadows. So what you're saying is, is that you had no
- knowledge of these potential unverified memos prior to the middle part
- of September' in your' investigation?
- Ms. Page. That is correct, sir.
- Mr. Meadows. Okay. So on August 30th, you and Peter' are going
- back and forth, and you go, "Here we go." If you'll look at 9:44:50
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- on August the 30th, you go, "Here we go." And it's referencing "Harry
- Reid Cites Evidence of Russian Tamper'ing in the U.S. Vote and Seeks
- FBI."
- Now, what happens is, and what I guess gives me a little bit of
- concern is, if you drop down, that if you drop down to the same day,
- August 36th, 9:45, it says: "The D" -- which I assume means
- Director -- "said at the a.m. brief that Reid had called him and told
- him that he would be sending the letter."
- Ms. Page. Okay.
- Mr. Meadows. So you get a brief that says, well, we got the
- letter, but it's almost like it's a coordinated effort between Harry
- Reid and the FBI Director, because obviously, he's briefing you.
- Ms. Page. I - I don't see -- so, again, this is just my personal
- experience. We just don't really deal with the Hill that much.
- Mr. Meadows. No, I know you don't, but --
- Ms. Page. No, no, no, but even the --
- Mr. Meadows. So what you're saying is you don't recall even being
- briefed that a letter, was coming from Harry Reid?
- Ms. Page. Not until -- this is the morning brief that this is
- a reference to, so I must have attended the morning brief. And so this
- is me just saying, yeah, the Director said we're going to be getting
- a letter. But no, I'm not aware --
- Mr. meadows. Well, indeed, you did get a letter that got
- published very quickly in The New York Times, and that was kind of the
- start of much of that.
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- You know, here's the other, concern, because I guess Peter Strzok
- sends an email to Bill Priestap that same day, with you carbon copied,
- and it says: "Unfor'tunately, this will politicize things but was
- unavoidable, I suppose."
- So, I mean, obviously it's going back and forth.
- Ms. Page. So my view on that is exactly what the FBI always is,
- which is, no offense, politicians ace involved, night? Like --
- Mr. Meadows. None taken.
- Ms. Page. We want to do this in secret. We want to do this the
- way we do it. I don't know what Harry Reid was told or' why or what
- the purpose of Brennan -- you know, this is way out of my pay grade.
- But like that's not how we want to proceed. We do thingseffectively
- when they're in secret. And so I think that that, you know, it's
- unavoidable, I guess, is, you know, well, these things happen, but not
- on our watch.
- Mr. Meadows. Okay. So let's -- taking you at your' word, then
- I guess what concern I have is why would Director Brennan be aware of
- things that the FBI was not aware of at this particular point when it
- actually would potentially involve, according to Peter, Strzok's word
- on January 16th of 2017, an unverified salacious set of memos?
- Ms. Page. So I don't understand why you're saying
- this -- whatever, is in the -- whatever, occurs between Brennan and Reid,
- I don't understand what the relationship-to the dossier, is. That's
- what I'm not following.
- Mr. Meadows. So the dossier, apparently was mentioned. In fact,
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- we have documents that would suggest that in that briefing the dossier,
- was mentioned to Harry Reid and then obviously we're going to have to
- have conversations. Does that surprise you --
- Ms. Page. Totally surprises me.
- Mr. Meadows. -- that Director Brennan would be aware of --
- Ms. Page. Yes, sin. Because with all due honesty, if Director
- Brennan -- so we got that information -
- Mr. Meadows. We do know there are multiple sources.
- Ms. Page. I do know that. I do know that the information
- ultimately found its way lots of different places, certainly in October,
- of 2016. But if the CIA as early as August, in fact, had those same
- reports, I am not aware of -- I'm not aware of that and -
- Mr. Meadows. _So you say"our source." Is your' source, is that
- because he was working for, you?
- Ms. Page.. No, sin.
- Mr. Meadows. Well, I mean, how could he be -- is he exclusively
- your" source?
- Ms. Page. I don't know. If the CIA has -- had Mr'. Steele open
- as a source, I would not know that.
- Mr. Meadows. So if we ' pe talking about sources and we' re looking
- at sources, were you aware at the point that there was ongoing
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- communication with other, players, i.e., Fusion GPS and others, as it
- relates to this confidential human source?
- Ms. Page. I didn't follow yourquestion, sip. Are you asking
- was I --
- Mr. Meadows. Were you aware that Chr'istopher' Steele had
- conversations or multiple conversations with Fusion GPS and others
- outside of just wor'king special intel for you?
- Ms. Page. No, no, no. So let me try to be more clean.
- As of August of 2616, I don't know who Christopher Steele is. I
- don't know that he's an FBI source. I don't know what he does. I have
- never' heard of him in all of my life. So let me just sort of be clear.
- When the FBI first receives the reports that are known as the
- dossier, from an FBI agent who is Christopher Steele's handler in
- September of 2616 --
- Mr. Meadows. Right.
- Ms. Page. -- at that time, we do not know who -- we don't know
- why these reports have been generated. We don't know fonwhat purpose.
- We don't know -- we know that this is a reliable source who has
- previously reported on other' things. We know who he -- I don't know
- who he is personally. We know his history --
- Mr. Meadows. Right.
- Ms. Page. -- such that we know him to be reliable. And I think
- we know that he's a former, intel person.
- But we do not know, to the best of my recollection, why these
- reports have been generated, what they're for, what they're -- why they
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- have sort of come to us, other, than here's a reliable source and here
- are some things that he has gathered.
- Certainly between --
- Mr. Meadows. So you don't know whether it's a coordinated effort
- to get you those documents or not at that point in September'?
- Ms. Page.. Coordinated by whom, sip?
- Mr. Meadows. Anybody, other, than a confidential human sour‘ce
- saying, "Listen, I've got reason to be concerned and bring it to you."
- - It could have been coordinated
- by Fusion GPS. You don't know.
- Ms. Page. At the time that we received the documentation, no.
- What we have is the preexisting relationship with the source and the
- reliability of his prior r'epor'ting.
- Mr. Meadows. Okay. So on October 16th and 19th, there's a
- couple of text messages. I want to read them to you, because it's
- actually text messages between you -- you won't have them in your' book.
- Ms. Page. Oh, okay.
- Mr'. Meadows. Because I actually got these From a different
- source. And so I'm asking you to see if you remember those so you can
- help authentic them. But apparently it's a text message between you
- and NP. McCabe.
- Ms. Page. Okay.
- Mr. Meadows. And it says: "Just called. Apparently the DAG
- now wants to be there and the white House wants DOI to host. So we're
- setting up a time now. We very much need to get Cohen's view" -- which
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- we believe is probably Deputy Director of the CIA Cohen, David
- Cohen -- "before we meet with hep" -- and by the "her'," I think it's
- Sally Yates at that point, we're trying to put this all together.
- "Better, have him weigh in before this meeting. We need to speak with
- one voice if that is, in fact, the case." That is October 14th.
- And then on October' 19th, it says:, "Hey, can you give me a call
- when you get out. Meeting with the White House counsel is finally set
- up and I want to talk about the timing things."
- Is that --
- Ms. Page. Are those about Russia?
- Mr. Meadows. That was my question.
- Ms. Page. Oh, I'm not sure, sip. I'm not certain that itis,
- to be honest with you, but I'm not sure.
- Mr. Meadows. All night. Because it's just a couple of days
- before the FISA application.
- Ms. Page. Oh. There would be no need to go to the White House
- on give any sort of briefing about the FISA. So if that's the timing
- concern, I don't think that it's related, would be my guess.
- Mr. Meadows. All right. So, as we look at this, one of the
- concerns that I have is that there seemed to be a whole lot of chatter,
- back and forth in terms of between the FBI and the DOJ being at odds
- in terms of -- and by "odds" what I mean is, you know, I guess pushing
- back against George Toscas and some of the others in terms of some of
- the opinions, based on text messages and emails.
- Ms. Page. On Russia?
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- Mr. Meadows. 0n Russia.
- Ms. Page. I don't know that I agree with that assessment. The
- only source of frustration, really the only source of frustration that
- I can recall, at least in the time that I was most heavily involved
- in the Russia investigation -- so this is from August to reallythe
- end of the year', till December: of 2016 -- was the sort of speed or lack
- thereof with respect to getting the FISA initiated. I mean, thatwas
- a source of frustration. But I don't recall other, -- other
- controversies or other disagreements or other issues.
- Mr. Meadows. Yeah, because I think -- and the reason why these
- dates on the other, text messages that I ask are critical, because
- there's an email from Peter' Strzok to you on Octoberthe 14th. And
- that's where, you know, we've got to keep the pressure, hurry theF
- up and --
- Ms. Page. Yeah, night. And that was definitely happening, but
- the white House doesn't have anything to do with that.
- Mr. Meadows. And so the Stu, I haven't heard back from Stu, is
- that Stu Evans who --
- Ms. Page. That is correct.
- Mr. Meadows. So why was there a push for a FISA warrant coming
- from you guys and potentially less than expeditious on the -- I mean,
- what's your perception of why that was? Obviously, it was important
- enough for Peter to send you an email.
- Ms. Page. Well, we sent a lot of emails.
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- --
- But separate from that, this again goes to kind of cultural
- differences between us and D03. So D03 is necessarily going to be a
- little more handwringing and a little more apprehensive and a little
- more cautious.
- Mr. Meadows. And why is that?
- Ms. Page. Just the institutional differences between us,
- honestly. I mean, we're the investigators, we're hard-charging.
- Mr. Meadows. The fact that they were opening up a FISA warrant
- on a U.S. citizen that might be attached to a --
- Ms. Page. Well, almost all FISA warrants are on U.S. citizens.
- Mr. Meadows. That's cor'r'ect, but that might -- you didn't let
- me finish --
- Ms. Page. Oh, I'm sorry.
- Mr. Meadows. That might be attached to a Presidential campaign.
- Ms. Page. Well, he was no longer' with the Presidential campaign.
- But your' point is taken. Certainly, this was one that, if leaked, was
- going to get attention.
- And so I'm not necessarily even criticizing them for their,
- handwringing. I'm just saying we had an operational reason thatwe
- wanted to get this thing up quickly with respect to the subject himself,
- and the Department is always going to operate with less alacrity.
- Mr. Meadows. So is Stu Evans, is that his primary
- responsibility, was processing FISAs?
- Ms. Page. So he is the head'of the Office of Intelligence. The
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- Office of Intelligence is the organization within the Department that
- writes the FISAs, that takes them to count. So he is the -- he's a
- DAAG, a deputy assistant Attorney General, and he is the person in
- change of the entire FISA process for the Department.
- Mr. Meadows. So I guess the question -- and this is my last
- series of questions -- I guess the question I would have then is, going
- back to August 18th, there's text messages back and forth between you
- and Peter that would say, I remember what it was, Toscas already told
- Stu Evans everything. Sally called to set up a meeting. You already
- knew about the campaign individual. So there's conversations
- happening on August the 10th already --
- Ms. Page. But that's not about a FISA. That's not about a FISA
- at that point, I don't think.
- Mr. meadows. But it was about the campaign, because it's
- redacted.
- Ms. Page. Right.
- Mr. Meadows. I mean, it was redacted.
- Ms. Page. So what that reflects, because I remember that,
- because we were -- we were so concerned about the fact that we were
- opening this investigation and we were so concerned about leaks that
- we were literally individually making decisions about who to tell and
- who not to tell, because we were trying to keep it so closely held.
- ble had told George Toscas, because he's sort of the senior-most
- career person in the National Security Division.
- None of us had told Stu Evans, and I don't think any of us intended
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- to tell Stu Evans until which time we would actually need something
- from him. And so that text is a reflection of frustration, that like,
- great, George told Stu. That's not what we would have done, because
- we were trying to keep it so close-hold.
- So I don't think it has anything to do with an actual FISA. It
- was more that more people are learning about this investigation and
- we ape trying to keep it as tight as possible.
- Mr. Meadows. And so what you're saying is when the Director
- briefed the White House 2 days prior to that, on August the 8th, or
- prepared for it, actually briefed him on the 10th, that it had nothing
- to do with any campaign. Even though George Toscas and Stu Evans knew
- about it, it had -- I mean, there was no mention of this at all at any
- time?
- Ms. Page. Sir, I would be shocked. I would truly be stunned to
- discover, that the Director had briefed the President on the substance
- of our investigation or even the existence of our' investigation. I
- would be -... I can't say it didn't happen, I wasn't there, but I would
- be stunned to discover, that. That is just not how we --
- Mr. Meadows. So when did it happen? Ultimately never'?
- Ms. Page. I don't know. I honestly don't know. And to be
- honest with you, I guess I should clarify.
- I think it's entirely possible that the Director, himself never"
- briefed the White House about this. He Just did not have that kind
- of -- not relationship, that's not the right word. That's justnot
- how he viewed us institutionally. I cannot speak to whether, the
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- Department ever briefed the White House about it.
- Mr. Meadows. I'll yield to John.
- Mr. Ratcliffe. Ms. Page, I do want to follow this line of
- questioning about the FISA application and try and determine when you
- were first awar'e of or' there was a discussion of a possibility ofa
- FISA warrant in connection with the Trump-Russia matter, from a timing
- perspective. Do you recall?
- Ms. Page. Maybe a month before we got it, possibly. I'm not
- positive.
- Mr. Ratcliffe. Okay. So the dates, the date of the FISA
- application, October, 21st of 2816.
- The reason I'm trying to find out is we know that the pr'edicating
- information that opened it was July 3Ist. We know on August 8th, we've
- talked about the text message about stopping Donald Trump, a text
- message that involved the lead investigative agent.
- So I'm wondering, do you know whether or not there had been any
- discussion of a FISA applications by that time?
- Ms. Page. No way. You have to understand, sir, it takes a lot
- to get a FISA.
- Mr. Ratcliffe. I know. I'm just trying -- I'm trying todive
- in on where it is.
- So on -- we know that there was the first interview conducted,
- based on your' prior testimony, sometime before August 11th of 2016.
- Do you know if there was any discussion of a FISA application before
- or after -- or" before that?
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- Ms. Page. Not to my knowledge.
- Mr. Ratcliffe. Okay. With respect to -- you talked earlier
- about testing the information from confidential human sources. If a
- confidential human source has a conversation with the subject of
- surveillance that would undermine the presence -- I mean, the premise
- that anyone associated with the Trump campaign either wascolluding
- or' would be willing to collude with the Russians, is that the type of
- disclosure that would have to be made to the FISC?
- Ms. Page. No, sir. what do you mean? We don't have a --
- Mr.Ratcliffe. DoBrady/Gigliodisclosurerequirementsapplyto
- the FISA court?
- Ms. Page. Oh, sorry. Yeah, sur'e. I mean, we have a duty of
- candor, to the court.
- Mr. Ratcliffe. Duty of candor.
- Ms. Page. So certainly to the extent we were to find reliable
- information that we thought undermined a FISA application, wewould
- inform the court of that information.
- Mr. Ratcliffe. Supposed to inform the court?
- Ms. Page. To the best of my knowledge, sin, we would inform; the
- court.
- Mr. Ratcliffe. No, I'm Just saying the obligation is -- you
- can't speak to whether, it was or it wasn't.
- Ms. Page. I don't know what you're talking about. I
- thought -- if --
- Mr. Ratcliffe. I'm not getting into any of the specific content
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- of it. I Just want to know --
- Ms. Page. If -- in all cases --
- Mr. Ratcliffe. If there is exculpatory or --
- Ms. Page. -- if the FBI discovers, you know, reliable
- information which it believes to be exculpatory or somehow affect the
- probable cause of the FISA warrant, I would expect that we would provide
- that to the court, yes, sir.
- Mr. Ratcliffe. That's my question.
- Ms. Page. Yes.
- Mr. Ratcliffe. Because there would be an obligation to do that.
- Ms. Page. I think so. I'm not nearly as well-versed in the FISA
- rules. But I would just -- I would presume that we would, because
- that's how we generally operate.
- Mr. Ratcliffe. And you know that Brady/Giglio disclosure
- requirements would apply in the FISA court?
- Ms. Page. So Brady really doesn't -- I don't really want to be
- so legalistic -- but Brady is a right of a criminal defendant. So what
- I'm saying is I have no idea if it is absolutely obligatory. what I
- am saying is I believe that that is - would be the practice ofthe
- Department and the FBI to be fully candid.
- Mr. Ratcliffe. And should have been done if there was any
- exculpatory information.
- Ms. Page. I think that that's what we would do. I believe so,
- sip.
- Mr. Ratcliffe. Okay, great.
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- On Friday, Congressman Jordan asked you about the trip that you
- took ll-l-ll with Peter, Stpzok and three others.
- I don't know if he asked you the pur'pose of that trip. Can you tell
- us the pur"pose of the trip?
- Ms. Page. I cannot, sip.
- Mr. Ratcliffe. why not?
- Ms. Page. 0n advice of FBI counsel, because it would get into
- the investigative steps we took.
- Mr. Ratcliffe. Investigative steps related to the --
- Ms. Page. The Russia investigation.
- Mr. Ratcliffe. -- Russia investigation?
- Ms. Page. Yes, sip.
- Mr. Ratcliffe. Okay. Mr. Jordan also asked you about and you
- reviewed with him the January 10 email that you were on with Mr. Strzok
- talking about the different versions of the Steele dossier, involving
- David Corn and Glenn Simpson and others. Do you recall that?
- Ms. Page. I do, sip.
- Mr. Ratcliffe. Okay. That was around the same time as the first
- of Jim Comey's now somewhat infamous memos of his conversations with
- both President-elect Trump and then President Trump. When did you
- first become aware of the Comey memos?
- Ms. Page. I was aware of them as they were -- in real time. I
- was aware of almost all of them in real time.
- Mr. Ratcliffe. Okay. So you were aware of them before they
- became leaked to The New York Times by Daniel Richman?
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- Ms. Page. I was aware of them. I reviewed most of'them. I can't
- say all. I reviewed most of them within a day or on the same day that
- they were created.
- Mr. Ratcliffe. Would Peter' Strzok have been -- I'm.sorry.
- Would -- well, let me ask that. Would Peter, Strzok have been aware
- of those?
- Ms. Page. No, sip.
- Mr. Ratcliffe. Would Andrew McCabe have been aware of those?
- Ms. Page. Yes, sip. I don't kntmwhether, Peter, Strzok was aware
- of them or not. I did not provide them to him so --
- Mr. Ratcliffe. Okay. But Andrew McCabe would have been?
- Ms. Page. Yes, sip.
- Mr. Ratcliffe. Okay. And was that -- the fact that you would
- have been aware of them, were there discussions about opening an
- obstrugctionofjusticecaseoranyother'caseagainstDtona1dTtumpprdor
- to the firing of Jim Comey on May 9th of 2017, as reflected in the Comey
- memos?
- Ms. Bessee. Congressman, to the extent that goes into the
- equities of the ongoing investigation that the special counsel is now
- conducting, I will instruct the witness not to answer'.
- Mr. Ratcliffe. Yeah, I don't want to go into what the special
- counsel, whether, or not they are going to do it, but I think it'sa
- fair -- I think it's a very fair question, Cecilia, because the former
- Director of the FBI has talked about it. He's talked about it a lot.
- He's given interviews about it. He has gone on TV about it. He has
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- written books about it.
- And he has said explicitly publicly in a congressional hearing
- that he wanted a special counsel to be appointed for that purpose, to
- investigate Donald Trump for, obstruction of justice.
- So I think asking her, about it at this point is a very fair request.
- Ms. Bessee. To the extent that it doesn't go into what the
- special counsel is looking at or their, gathering of evidence, I
- understand, Congressman, that former Director Comey has talked about
- thememosandhasta1kedaboutwhetherther'eshouldbeaninvestigation.
- So I Just want --
- Mr. Ratcliffe. I don't want any of the details. I just want to
- know whether there was a discussion about the possibility of opening
- that prior to the firing of the Director.
- Ms. Page. Obstruction of justice was not a topic of conversation
- during the timeframe you have described.
- Mr. Ratcliffe. Okay. Then --
- Ms. Page. I think. One second, sir.
- [Discussion off the record.]
- Ms. Page. Sin, I need to -- I need to take back my prior
- statement.
- Mr. Ratcliffe. which one?
- Ms. Page.. Whatever the last thing I Just said was. Sorry. That
- there were no discussions of obstruction, yeah. That is -- I need to
- take that statement back.
- Mr. Ratcliffe. So there were?
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- r1s.P_age_. Well,IthinkthatIcan'tanswerthisquestionwithout
- gettingintomatterswhicharesubstantivelybeforethespecialcounsel
- at this time.
- Mr. Ratcliffe. Well, I think you've just answered it by not
- answering it.
- Was Andy McCabe privy to those same conversations?
- Ms. Page. I can't answer this substantively, sir. I'm sorry.
- Mr. Ratcliffe. Nell, were these related to some charges, whether
- obstruction or other charges, potentially against Donald Trump?
- Ms. Page. I can't -- I can't answer' that question, sir, without
- getting into the substance of matters that ace now before the special
- counsel.
- Mr. Ratcliffe. Again, I think you're answering it by not
- answering it.
- Did you have knowledge about Daniel Richman's special role for,
- Director Comey?
- Ms. Page. what do you mean, sin?
- Mr. Ratcliffe. Did you know that he -- or' when, I guess, did you
- learn that he was the source through which Director, Comey would
- communicate information to the press?
- Ms. Page. I learned that publicly, when it became publicly
- known.
- Mr. Ratcliffe. But not before that?
- Ms. Page. I don't believe so.
- Mr. Ratcliffe. Did you have interactions with Daniel Richman?
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- Ms. Page. I had one interaction with him, but with respect to
- a going dank sort of broad legislative interest, but that's it. That
- was many months prior.
- Mr. Ratcliffe. Okay. So back to these Comey memos. You had
- conversations about the Comey memos with Andy McCabe. Did you have
- conversations about them with Jim Comey?
- Ns.p_age_. Ithinkonce. Ithinktherewasonetime --so,again,
- I guess I should make -- be more clear. ble didn't talk about the Comey
- memos as a set, like the Comey memos. If Comey were to have a meeting
- that concerned him, he might come back and inform, for example,
- Mr. McCabe about them.
- There was one time I believe in which I was part of a small group
- in which he came back and reported back the details of a par'ticular'
- meeting. Those ultimately made their, way into the memos.
- So I was present for, at least one, possibly more, I Just don't
- know for sure, readouts of a meeting that he would have just had with
- the President, Donald Trump, and then subsequently read the memos that
- he created about each of these meetings.
- Mr. Ratcliffe. What was it about Donald Trump that created a
- practice that Director Comey told us didn't exist with President Obama?
- Ms. Page. I can't speak for Director, Comey, sip.
- Mr. Ratcliffe. Did this process of the FBI Director shaping
- information with others in the FBI about his conversations, giving
- readouts of his conversations with the President, was that a standard
- practice?
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- Ms. Page. That's not unusual, if there was a need to shape what
- had happened. He certainly did that with r'espect to President Obama
- as well.
- Mr. Ratcliffe. But never' documented it in a memo form?
- Ms. Page. I think that's his representation.
- Mr. Ratcliffe. So you said --
- Ms. Page. But I think he also answered, at least in his open
- testimony, that it was about the nature of the person. So I
- can't -- that's -- those are his words, but I can't speak beyond that.
- Mr. Ratcliffe. I might come back to that, but I want to move on
- to this now infamous tarmac meeting and at least get started in asking
- you about that.
- To refresh your' recollection from a timing standpoint, the
- meeting occurred on June the 27th of 2916 between former, President
- Clinton and Loretta Lynch.
- I want to ask you about an email on June the 39th of 2916 that
- Peter Strzok texted to you, if you'd look at that.
- Ms. Page. June 30th, you said?
- Mr. Ratcliffe. June 30th. We're 3 days after, the tarmac
- meeting.
- Ms. Page. Okay.
- Mr. Ratcliffe. It says: Oh my God, he -- I think speaking about
- Bill Priestap -- Oh, my God, he is spinning about the tarmac meeting.
- Viewed in conjunction with [redacted] wants to meet at 4, have us bring
- lists of what we would do in ordinary circumstance, paren, easy,
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- referred to PC, and in this circumstance, paren, easy, referred to the
- seventh floor.
- Do you see that?
- Ms. Page. I do.
- Mr. Ratcliffe. Okay. Let's -- first of all, is Bill, is that
- Bill Priestap?
- Ms. Page. I'm sure it is, yes.
- Mr. Ratcliffe. Okay. Do you know what redacted is?
- Ms. Page. I don't.
- Mr. Ratcliffe. Okay. Do you know what PC is?
- Ms. Page. Public corruption --
- Mr. Ratcliffe. Public corruption.
- Ms. Page. -- is my guess.
- Mr. Ratcliffe. It's my guess, too. So --
- Ms. Page. I mean, this I think is sort of a snar'ky text, r'ight?
- So my guess is he's spinning in conjunction with the -- maybe that is
- like the statement, because we know that we're -- we're planningto
- do the -- public announcement is sort of imminent. I'mspeculating
- there, because I have no idea what's under, the redaction.
- But I think this is mostly us just being a little unkind with
- r'espect to Bill Clinton -- Bill Clinton -- Bill Priestap, because
- he -- he was a worrier. And so I think that this is more snarky, right?
- There's nothing for us to do with respect to this.
- Mr. Ratcliffe. Okay. But I'm trying to find out whether this
- is a big deal or not. You know, the Attorney General referred to the
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- meeting as something she admitted cast a shadow over" the integrity of
- the Department. It's the reason for, what you referred to earlier as
- a quasi-recusal or' halfway recusal. It is something that Director
- Comey referred to as a gmne-changer' and told the IG that it tipped the
- scales with respect to holding a public announcement. It soundslike
- Bill Priestap is spinning about it.
- Was it a big deal or not?
- Ms. Page. To be honest with you, sir, and I'm speaking for
- myself, it was a boneheaded move, certainly. But I guess
- investigatively, I don't see it as a particularly big deal, because
- absolutely every single person on the Midyear investigation, both at
- the FBI and the Department, had concluded that there was no prosecution
- to be had here.
- Soit'snotasthoughthemeetingwithBi11C1inton,evennomatter'
- what was said, even taken in the worst possible light, theevidence
- is what the evidence is. So there's no way to have sort of changed
- it.
- Mr. Ratcliffe. Right.
- Ms. Page. So even if, in fact, everyone's worst possible
- nightmare about what may have transpired on that plane is alltrue,
- it still doesn't change whether, there's a viable prosecution.
- Mr'. Ratcliffe. Right.
- Ms. Page. So, again, in my view, it's bad judgment and misguided,
- but not actually impactful of anything in particular.
- Mr. Ratcliffe. Okay. So I'm going to come back to this one,
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- because I think we're about out of time. But you Just said, and you
- said this yesterday or on Friday, but that it was not a big deal.
- Boneheaded but not a big deal investigatively, because everyperson
- involved with the Midyear had concluded that she wasn't going tobe
- charged. Is that night?
- Ms. Page. That's correct, sip.
- Mr. Ratcliffe. Okay. So if I asked you the question, was the
- decision made not to charge Hillary Clinton with the mishandlingof
- classified information before or' after hen July 2nd, 2016, interview,
- the answer' is what?
- Ms. Page. The answer' is before hen July 2nd interview we had not
- seen evidence sufficient to change hen with a crime.
- Mr. Ratcliffe. okay.
- Ms. Page. If something had changed in the July 2nd interview,
- then that would have all changed things. But short of an admission
- in that interview, there was nothing that any of us, whether, at the
- Department or the FBI, could have anticipated that would have changed
- that conclusion, short of an admission or something happening --
- Mr. Ratcliffe. But your' answer, was before the decision had been
- made before, that everyone had concluded.
- Ms. Page. Well, you're putting words in my mouth a little bit.
- Mr. Ratcliffe. These are your" words.
- Ms. Page. No, I'm agreeing with -- what I'm saying is a decision
- isn't final until it's final. So there was no final decision before
- July 2nd. But before July 2nd --
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- Mr. Ratcliffe. Okay.
- Ms. Page. --itwastheconsensusoftheinvestigativeteam,both
- at the Department and at the FBI, that there was not sufficient evidence
- to charge hen with a crime.
- Mr. Ratcliffe. Okay. So where we're going to leave off is that
- the decision had been made befor'e, but the final, final decision was
- made after is what you‘re saying, to use your words.
- Ms. Page. The decision isn't final until it's final.
- MP, Ratcliffe. Okay. We'll pick up with that when we come back.
- Thank you.
- [Recess.]
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- [2:36 pm.)
- Mr. Swalwell. Back on the record.
- Thank you, Ms. Page, again for' spending the morning and afternoon
- with us. I only have a few questions. Our counsel may have some, and
- I understand Mr. Cummings might be coming in today.
- So, again, I first just want to say that, today, our' President,
- on foreign soil, insulted the men and women of the FBI. I'm sorry that
- here in Congress that you're also seeing leaders of our country insult
- the work that you do.
- But I do think there are some fair, questions, and I want to get
- Just to some of those.
- Do you regret, like, some of the messages you sent or the way that
- you framed some of those texts? And if you could Just talk about that.
- Ms. Page. I do. I think that this has been an incredibly
- humbling experience. Obviously, these were messages sent to somebody
- close to me whom I intended to be private, and I think that there are
- fewpeop1eonthisplanetwhowou1dwanttheiPprdvateinessagesr'e1eased
- publicly, regardless of what they said.
- I think I'm entitled to the views that I'm entitled to, and I'm
- entitled to express those views both publicly and privately. But I
- would have made different decisions had I thought about what the
- possible repercussions could have been.
- I can't do it over' again. I can only learn from it.
- Mr. Swalwell. Did you ever' -- were you ever" pant of a criminal
- prosecution where you so detested the defendant because of what they
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- did or who they hunt and you had to set aside those feelings and just
- stick to the four, corners of the evidence?
- Ms. Page. So I actually spoke about this at length on Friday,
- Mr. Swalwell. In fact, not just me but I think I can speak for many
- people at the FBI and the Department that we often loathe the subject
- of our investigations. And we generally do not look kindly on
- cr"vuna1singenerNa1andneserwep1entyofharshlanguagefor'thepeop1e
- that we investigate.
- But we, regardless and in every instance, put our personal
- feelings, both about them individually or the criminal activity that
- they ace accused of, we always put it aside and conduct investigations
- independently and fairly.
- Mr. Swalwell. Did you ever have an investigation where you
- received exculpatory evidence and, you know, you've got a bad guy and
- you really want to make sure that justice is done and then you get the
- evidence and you're like, crap, like, if I turn this over', it's going
- to make the case harder, if I keep it and I don't tell anyone, we've
- got a better chance of a conviction, but I know what it means if I don't
- turn it over? Have you ever' had to make those decisions as a
- prosecutor?
- Ms. Page. So they're not usually quite as stark, but,
- absolutely, you often have information which could be exculpatory or
- certainly could lust simply be damaging to your' case, and it is your'
- obligation as a prosecutor, it is your' obligation to the fairness to
- the defendant and the fairness in the system, to turn that information
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- over'.
- So that is something that happens regularly, and it is a part of
- our being, it's a part of our' identity and the roles that we abide by
- in order to --
- Mr. Swalwell. Regardless of how you feel about the defendant.
- Ms. Page. Of course.
- Mr. Swalwell. In the Clinton case, were you the sole lawyer'
- making decisions about the direction of the case?
- Ms. Page. I was not making decisions about the direction of the
- case at all. I was a lawyer supporting the Deputy Director. ble had
- multiple lawyers in OGC who supported the investigation, and, of
- course, it was run by prosecutors at the Department.
- Mr. Swalwell. How many lawyers could you estimate were involved
- in the Clinton case --
- Ms. Page. So there were --
- Mr. Swalwell. -- on the -- on your' side.
- Ms. Page. 0n the FBI side, there were two primary lawyers who
- were involved. There was a lawyer who was involved on the filter team.
- And then there were five prosecutors who had either r'egular' or
- semir'egular' involvement at the Department, and then their management.
- Mr. Swalwell. And on the decision to open the Russia
- investigation, how many lawyers were involved in that decision?
- Ms. Page. The decision to open the investigation? I mean, the
- general counsel was involved, the deputy gener'al counsel was involved.
- At least, probably -- the decision to open? I'm not sure myself.
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- Mr. Swalwell. Is it fair to say you were not --
- Ms. Page. No, no.
- Mr. Swalwell. -- the person or lawyer that --
- Ms. Page. No.
- Mr. Swalwell. -- signed off?
- Ms. Page. I did not make any decisions with respect to opening
- the Russia investigation.
- Mr. Swalwell. Can you speak to -- well, Bob Mueller. How long
- did you work with Mr. Mueller?
- Ms. Page. So I went over for a 45-day detail.
- Mr. Swalwell. Oh, I Just mean in your' career.
- Ms. Page. Oh. So I didn't have -- I had limited interaction
- with Mr. Mueller, when he was the Director of the FBI.
- Mr.Swalwell. Inyourlimitedinteractionandthediscussionyou
- had with colleagues, can you speak to his character for, truthfulness
- and integrity?
- Ms. Page. He is unassailable on those grounds. He is an
- unbelievably upstanding, honest, rule-following, hard-charging,
- thoughtful, fair individual.
- Mr. Swalwell. And with respect to other, lawyers and agents on
- the special counsel's team, are those individuals that you had worked
- with in some --
- Ms. P-age-.' Yes.
- Mr. Swalwell. -- manners?
- Ms. Page. Some of them, yes, sip.
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- Mr. Swalwell. And is there anyone on that team that you have
- concerns about their, integrity, their character for truthfulness?
- Ms. Page. No, sir. And, in fact, at least two of them I've
- worked quite closely with, and I know both to be incredibly bright,
- incredibly fair, honest, brilliant prosecutors.
- Mr. Swalwell. And did you observe dur'ing the time on the team
- any, you know, cafeteria talk, any prejudging of the direction of the
- Russia investigation? [
- Ms. Page. No, sir.
- Mr. Swalwell. I don't have anything else. I'll defer, backto
- counsel.
- Thank you, Ms. Page.
- Ms. Page. You're welcome.
- BY MS. KIM:
- Q Thank you, Ms. Page.
- I'd like to ask you about several FBI employees who ape mentioned
- in the inspector general's report. To the extent that it asks about
- things of which you have no knowledge, please let me know.
- This, as you will see, will turn out to be a process of
- elimination. To be totally candid with you, there is an individual,
- Sally Meyer, whose name has been repeatedly brought up in connection
- withthesealiases. AndIjustwanttoconfir'mwhethenyoucanidentify
- Sally Moyer' as any of the aliases named in the inspector' general's
- r'epor't.
- A I think you need to ask that question more specifically.
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- Q Yes. Exactly. And so I will attempt to do so.
- A Okay.
- Q The inspector' general's report discussed instant messages
- between two FBI agents, agent 1 and agent 5. The two were in a
- preexisting romantic relationship.
- As I understand it, Sally Moyer' is not an FBI agent. Is that
- correct?
- A That is correct.
- Q So do you have any reason to believe that Sally Moyer is agent
- 1 or agent 5?
- A I know who agent 1 and agent 5 are, and Sally Moyer" is not
- agent 1 or agent 5.
- Q Thank you.
- The inspector general's r'epor't also discusses FBI attorney 2 as
- an individual who sent instant messages of what the inspector' general
- called a political nature. That attorney, FBI attorney 2, is referred
- to throughout with male pronouns.
- Do you know if the FBI attorney 2 is Sally Moyer'?
- A I also know who FBI Attorney General 2 is, and FBI attorney
- 2 is not Sally Moyer'.
- Q Thank you.
- Ms. Lhpi. Okay, Ms. Page, I'm going to introduce a few text
- messages in which it appears that you and Mr. Strzok arediscussing
- the Russians and, sort of, their, attempts at espionage and Just kind
- of ask some of the context behind it.
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- [Page Exhibit No. 9
- Was marked for identification.]
- BY MS. SHEN:
- Q So, for, exhibit 9, I believe, if you can direct your'
- attention to the bottom of the page. So I'm looking at the
- second-to-last text on July 18th at 10:54.
- Okay. So that text reads -- and I believe this text is sent from
- you --
- A Oh, no, I don't think so.
- Q Oh, I'm sorry. The first text is --
- A Yeah.
- Q Sorry. The first text is sent by Mr. Strzok, and it reads:
- Andfuckthecheatingmother'fuckingRussians. Bastards. Ihatethem.
- I'm sorry. I'm sorry.
- And in response, you write: I'm sorry. Ne too.
- Ms. Page, do you recall sending that text?
- A The "me too"? Yeah.
- It The "me too," yes. And do you recall under, what
- circumstances that exchange was sent? Was there any particular
- context or issue that it was responding to?
- A I honestly don't remember. But I do always hate the
- Russians, so --
- Q Okay.
- Has Mr. Strzok ever" communicated to you in other instances his
- hatred for the Russians?
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- A Uh-huh, yes. I mean, most everybody who works
- counterintelligence at the FBI has pretty str'ong feelings aboutthe
- Russian Federation. So this is not an unusually held view.
- Q Okay. So, generally speaking, at the FBI, you've heard
- other, instances across the agency where agents or officials have
- expressed their, hatred for, the Russians as well?
- A Russia poses the most severe existential threat to Western
- democracy in the world. So for those of us who cape about democracy
- and for, those of us who think America is great, we have pretty str'ong
- feelings about the Russians.
- Q Okay. Thank you.
- [Page Exhibit No. 10
- Was marked for identification.]
- BY MS. SHEN:
- Q I'd now like to introduce another, text message from
- July 3Ist, 2016, as exhibit 10. And if you can direct your" attention
- to the top of the page this time -- I'm sorry, let me correctthat.
- The first text message would be July 30th, 2016.
- A Uh-huh.
- q So I believe that first text message is from you, correct?
- A That's right, yes.
- Q So a portion redacted. So ends the sentence: Hate them.
- I think they're probably the worst. Very little I find r'edeeming about
- this even in history. A couple of good writers and artists I guess.
- And then redaction.
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- In response to that, Mr. Strzok responds, with a redaction:
- Fucking conniving, cheating savages at statecraft, athletics, you name
- it. I'm glad on I'm Team USA.
- Okay. Ms. Page, do you recall writing those texts?
- A I do.
- Q Okay. And do you recall any particular context those texts
- were made around?
- A I don't.
- q So --
- A I mean, this is -- we've just opened -- or, you know, we're
- about to open the Russia investigation, so it is very much, you know,
- on the forefront of all of our' minds. So it would not surprise me if
- it's a reflection of that. But, as I said, this is an enduring
- sentiment for, people who are in the intelligence community.
- Q Well, in the intelligence community, I imagine there
- are -- you know, there are countries other' than Russia who engage in
- espionage efforts. And so --
- A There are countries other, than Russia who engage in espionage
- efforts, but there are probably no other countries who ape more
- singularly focused on the destruction of Western ideals around the
- world.
- So it's true, other, countries engage in espionage, and other'
- countries steal, and other countries lie. But I wouldn't say that
- other countries do it the way that Russia does it and have as a goal,
- sort of, creating fractions within the Western alliance in order to,
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- you know, ascend to dominance the way that Russia does.
- Q So would it be fair to say that Russia's espionage efforts
- are just fan more of a threat to the U.S. national security than some
- other, countries' espionage efforts?
- A They are one of our most pernicious and dangerous threats.
- Q Okay.
- In Mr. Strzok's text, he refers to them as, quote, "cheating."
- We're in an unclassified setting, so I wouldn't want to go there, but
- can you describe some examples of what he may be referring to or just
- generally what Russia has done to be cheating?
- A Well, I mean, look at the doping scandals in the Olympic
- Committee stuff. Look at the effort to get the World Cup in Russia
- that was Just recently completed. I mean, they cheat.
- Q And in terms of statecraft, again, in unclassified setting,
- are there certain examples of Russian statecraft that you find, you
- know, particularly egregious?
- A I mean, not beyond what I've already, sort of, attempted to
- describe.
- Q And then the last comment, Mr. Strzok, he says: I'm glad I'm
- on Team USA.
- Would you agree that, for example, investigating the Russians for
- their attempts to interfere with the U.S. election would be an example
- of being on Team USA?
- A Right. I mean, this is just being proud about being
- Americans. Right? We want to spread American values and American
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- democnacyar'oundthewor'1d,andwethinkthatweuveinthebestcountry
- in the world. And so this is simply a statement of pride and one that
- is in contrast to the way that the Russian Federation operates.
- Q So, last Friday, the special counsel's investigation, it
- became public that they indicted 12 members of the Russian military
- intelligence, the GRU. Are you familiar with the r'epor't?
- A I read about it, yes.
- Q Okay. The GRU, they are Russian military intelligence,
- which means President Putin would be in charge of them. Is that
- correct?
- A That's my understanding.
- Q And so any attempts that the Russian military intelligence
- would have of interfering with the U.S. Presidential election,
- President Putin would be aware of that. Do you believe that to be true?
- A Ask me that question again, please.
- Q Okay. Sorry. I'll rephrase. Would President Vladimir,
- Putin be aware of any attempts the GRU had in interfering with the U.S.
- Presidential election?
- A I'm -- President Putin is the President of his country and
- certainly is in charge of his intelligence apparatus.
- Q Okay.
- A I don't want to answer' that question with more specificity.
- Q Fain enough. I think the point I'm just --
- A Okay.
- r0
- ._ getting at is that, as the President of Russia, he would
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- be the head of the Russian military intelligence.
- A I would agree with that.
- Q Okay.
- So, actually, just earlier today, r'epor'ts have come out from
- President Trump's meeting, summit with President Putin, and I'm just
- going to read to you from a Washington Post article from 12:49 p.m.
- today.
- So the title of the article is "Putin Again Denies Russian
- Interference in the 2016 U.S. Election. Trump Calls Probe a Disaster
- for Our Country."
- So thearticle reads: After' Putin said his government played no
- role in trying to sabotage the U.S. election, Trump offered no pushback
- and went on to condemn the Justice Department's investigation of
- Russian interference as, quote, a disaster for our country.
- Ms. Page, do you believe that the Justice Department's
- investigation of Russian interference is a disaster' for, our country?
- A I do not.
- Q Okay.
- So it goes on to say: Putin insisted publicly that the, quote,
- Russian state has never' interfered and is not going to interferein
- internal American affairs, unquote. And Trump declined to dispute
- these assertions, instead saying that Putin, quote, has an interesting
- idea, unquote, about the issue of interference.
- Now, Ms. Page, it is my understanding that the U.S. intelligence
- community unanimously concluded that the Russian state did attempt to
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- interfere in the U.S. 2016 Presidential election. Is that alsoyour
- understanding?
- A Yes, it is.
- tt Okay. And, Ms. Page, are you inclined to believe Putin's
- denial that Russia ever' interfered, or are you inclined to believe in
- the U.S. intelligence community's assessment?
- A As a pant of the -- as a former part ofthe U.S. intelligence
- community, I will go with the intelligence community assessment.
- Q okay. Thank you.
- Later, in the article, it also says: Trump says that he holds,
- quote, both countries responsible, unquote, for the frayed relations
- between the two nations and attacked Special Counsel Robert S. Mueller
- III's investigation.
- Ms. Page, do you believe that the United States is responsible
- for the frayed relations between the United States and Russia?
- A Well, we're responsible to the extent we're not going to
- accept their, meddling in a U.S. election. I suppose so.
- Q Okay. Well, would you blame Robert Mueller's investigation
- for, fr'ayed relations with Russia?
- A No.
- Q Okay.
- And this is the last one, I promise. The article also goes on
- to say: In response to the questions, Trump said that both countries
- were to blame for, the deterioration of relations. Quote, I do feel
- that we have both made mistakes. He added that, quote, there was no
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- collusion, unquote, between his campaign and Russia, and he lamented
- that the special counsel's investigation into the matter has had an
- impact on U.S.-Russian relations. Quote, I think the probe has been
- a disaster, for, our' country, unquote. He said, quote, it's ridiculous,
- what's going on with the probe, unquote.
- Ms. page,ar'eyouawar'eofanythingr'idicu1ousgoingoninSpecia1
- Counsel Mueller's probe?
- A No.
- Q Okay. Thank you. I think that's all I have.
- BY MS. KIM:
- Q I think this might be the last tranche of questions I have
- for you, Ms. Page. I'd like to ask you about Dir'ector' Comey.
- You spoke earlier in general terms about Special Counsel Mueller.
- Can you explain to me how long you worked in proximity with Director
- Comey?
- A So it would cover' the span of time that I worked for, Deputy
- Director McCabe. So, prior to February 2016, I certainly had
- interactionswithMr. Comey,but,onceTstar'tedwor'kingforMr'. McCabe
- in the context of Mr. McCabe being Deputy Director, myinteractions
- with Mr. Comey became fan more frequent.
- Q And can you describe for me Mr. Comey's general character
- and honesty as you understood them?
- A He is a man of enormous integrity. I am a better, lawyer and
- a better, person for, having, sort of, learned from his examples. He
- is obviously an extraordinary communicator, but he's also just a very
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- good person and is thoughtful about how to approach problems and is
- a man of unassailable integrity, in my view.
- Q To your' knowledge, has Director Comey ever' lied to you?
- A No.
- Q Are you personally aware of any instances where Director
- Comey was shown to have lied or been knowingly untruthful?
- A Never'.
- Q Overall, do you have any reason to doubt the accuracy of
- Director Comey's oral or written representations of the facts from when
- he was the FBI Director?
- A No, not at all.
- Q Have you followed the recent press coverage of Director
- Comey's public descriptions of his meetings with President Trump?
- A Yes.
- Q And you said you had -- usually you had -- you have Firsthand
- knowledge of Director Comey's memoranda that he kept to document those
- meetings. Is that correct?
- A So I either in one or two instances was present for his
- initial retelling of the meeting, and in most other instances Iwas
- provided with his memo to review in real-time, like, shortly after his
- production of those memos.
- Q Have you noted any discrepancies between Director Comey's
- contemporaneous recollections of the facts on one hand and his public
- representation of those facts on the other hand?
- A No.
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- Q Are you generally familiar, with Director Comey's testimony
- to the Senate Intelligence Committee about his interactions with
- President Trump?
- A I am.
- Q Do you have any reason to believe that Director' Comey did
- not -- I'm sorry, let me put that in the affirmative. Do you believe
- that Director Comey accurately shaped with Senate Intelligence
- Committee his memory of his interactions with President Trump?
- A Absolutely, yes.
- Q I imagine you are fairly familiar, with the inspector
- general's report. Is that correct?
- A I have not read it all. I hope to never" do so. But I am
- familiar, with pants of it, yes.
- It On June 16th, President Trump tweeted: The IG r'epor't
- tota11ydestroys0amesComeyanda11ofhisminions,inc1udingthegreat
- lovers Peter Strzok and Lisa Page, who started the disgraceful witch
- hunt against so many innocent people. It will go down as a dark and
- dangerous period in American history.
- To your" knowledge, did the inspector general's report contain any
- information discr'editing the special counsel's probe?
- A No.
- Q And ace you aware of the inspector general's report
- destroying anything about Director Comey's ability to testify as a
- witness in the special counsel's probe?
- A No.
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- Ms. Kim; I think that ends our questioning for this Pound.
- Thank you.
- [Recess.]
- Mr. Ratcliffe. All right. Back on the record.
- So, Ms. Page, when we left off, I was asking you -- well, I asked
- you a question based on the answer' that you'd given, and I asked you
- whether a decision had been made to charge Hillary Clinton -- not to
- charge Hillary Clinton before or after hen July 2nd, 2016, interview.
- And your" first answer' was before. You said something to the effect
- of, because every person -- I'm par'aphr'asing -- because virtually
- every person on the Midyear Exam team had concluded that shewasn't
- going to be changed.
- And then --
- [Phone ringing.]
- Mr. Meadows. You can tell a lot about a man by his ringtone.
- Ms. Page. will it say "boing, boing" on the transcript?
- Mr. Ratcliffe. But then, in fairness to you, Ms. Page, you
- qualified that a little bit and said, well, a final-final decision was
- made after. I want to give you a chance to be clean.
- Ms. Page. So the word -- and I don't mean to be overly lawyenly,
- but it comes naturally, so forgive me. The word “decision"suggests
- the finality. And my only point is that before the July 2nd interview
- the uniform view was that there was not sufficient evidence to bring
- any charges against Hillary Clinton.That's not a final decision,
- because it's not a final decision. But to that point, there was
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- insufficient evidence to change her' with any crime. And that was
- uniformly agreed to by both the FBI individuals involved and the D03
- individuals involved.
- But that, certainly, in the event, unlikely was our estimation,
- but in the event that there was some admission or some other' revelation
- which changed our assessment, we were all open to that possibility.
- Mr. Ratcliffe. Right. But you talked about -- you started your'
- answer' before about, "to be candid," and I think that's an important
- word, because "candor"' has a specific meaning when you're talking about
- an FBI agent, right? Candor and lack of candor?
- Ms. Page. Everybody at the Department has an obligation to
- candor', yes.
- Mr. Ratcliffe. Right. And you gave a very long explanation for,
- you know, the decision and before, and you made reference to the
- discussions. We know this went all the way back to a memo -- at least,
- a memo drafted by Director, Corey on May the 2nd of 2616. And there
- were multiple drafts and a lot of conversation. All of that, night?
- Ms. Page. That's correct.
- Mr. Ratcliffe. what is a lack of candor for -- what does that
- mean in the context of anyone associated with the FBI when they're
- talking to an investigator?
- Ms. Page. That they're being untruthful?
- Mr. Ratcliffe. A lack of candor?
- Ms. Page. Yeah. A lack of candor, means that they're being
- untruthful.
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- Mr. Ratcliffe. 0h, untruthful. I thought you said being
- truthful.
- Ms. Page. Oh, no. Sorry.
- Mr. Ratcliffe. I'm sorry. I misheard you.
- Ms. Page. That's okay. That's okay. Yeah.
- Mr. Ratcliffe. Or that they're leaving out material facts,
- night? Only telling part of the story?
- Ms. Page. Sure. Yes.
- Mr. Ratcliffe. Okay. Okay.
- The reason I ask is I asked that same question that I asked of
- you, that you gave a very long explanation, went into great detail about
- a great many factors that impacted it, I asked that same question to
- Director Comey under' oath, did you make the decision before or after',
- and his answer' was after.
- He didn't explain it at all. He didn't qualify it at all. He
- didn't give any context to it. He didn't discuss number, of decisions.
- He didn't say, well, we made it after, but everyone had concluded long
- before.
- Do you have any reason to give me any explanation or Justification
- for why Director Comey wouldn't have given that information to
- congressiona1investigatorsorwhi1eunder'oathtolembersofcongress?
- Ms. Page. I don't know, sip.
- Mr. Ratcliffe. Okay.
- Ms. Page. I can't answer' that.
- Mr. Ratcliffe. He were talking about the tarmac meeting, as
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- well. And I was asking you about this email on June the 30th of 2016
- that related to Bill Priestap. And you gave me the context that it
- was, to use your' words, of being a little bit unkind.
- But I did want to ask, the reference to what we would do in ordinary
- circumstance, in parentheses Peter Strzok says, "Easy, refer to PC,"
- which you and I both think is "public corruption." Was he makinga
- Joke there? I'm just trying to find out --
- Ms.P_age, Yeah. Imean,Ithinkthatyouhavetotakethiswhole
- text in the, sort of, somewhat snarky tone in which it's intended.
- Because there's nothing to do, night? Like, as I sort of described
- already, the investigation is what the investigation is. It is
- virtually over'. We have seen what the evidence fails to, sort of,
- demonstrate.
- And so I think, as I said -- and I'm certainly not, sort of, pr'oud
- of this, but I think that it's more a reflection of, "Oh, gosh, he's
- worrying again" --
- Mr. Ratcliffe. Right.
- Ms. Page. -- and this is, sort of, not a basis to be worried
- about. And so I think that's why you have the, like --
- Mr. Ratcliffe. Right. And all --
- Ms. Page. -- flippant responses at the end.
- Mr. Ratcliffe. Okay. And all of that is somewhat reinforced by
- the text message that we've talked about before that you sent the next
- day on July lst about: She's not exactly a profile in courage because
- she knows that Hillary Clinton is not going to be charged.
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- Ms. Page. Right. I think they're of a kind.
- Mr. Ratcliffe. Yeah.
- But, nevertheless, this tarmac meeting, obviously it generated
- a lot of attention. And, again, the reason that the Director said that
- he did the unprecedented step of acting as investigator and prosecutor
- on July the 5th and, she said, cast a shadow.
- The day after you sent the pPofile-in-coutNsge text message was
- July 2nd, which was the interview of Hillary Clinton, connect?
- Ms. Page. This says the lst here, but I take you at --
- Mr. Ratcliffe. Yeah, I think --
- Ms. Page. -- that you have -- you know, I know some of them ace
- in UTC and some of them aren't, so I -- yeah.
- Mr. Ratcliffe. I'll represent to you that it occurred on
- Saturday, July the 2nd of 2916.
- Ms. Page. Okay.
- Mr. Ratcliffe. And I've only got one copy of this, but I've got
- a document I want to show you and Just -- it's essentially, Ithink
- you'd call it an LHM, or a letterhead memorandum, which is a summary
- of -- supposed to be a summary of the interview based on the 3025 of
- the people that were in the room.
- Ms. Page._ It's a summary of, sort of, the investigation, of, sort
- of, all the investigative steps and what we found.
- Mr. Ratcliffe. Yeah. But specifically in connection with her
- interview on July the 2nd of 2916.
- Ms. Page. Okay.
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- Mr. Ratcliffe. Yeah. Well, I mean, you look at -- did you play
- a role in preparing that?
- Ms. Page. I --
- Mr. Ratcliffe. Because there were some text messages, I thought,
- where you --
- Ms. Page. Yeah. So I did not play a role in preparing it. We
- went through, like, 52 billion drafts of this thing, like, frmttt''a''
- to "the" to, you know, like, all kinds of changes, because we wanted
- to be as perfect as we could get it. So I am certain I am on a jillion
- dpafts as well. I am not positive I ever' read the entire' thing. I
- started to a couple of times, but other' things --
- Mr. Ratcliffe. Okay. Well, I went through it, and I read it a
- couple times, and I'll r'epr'esent to you that the word “tarmac" doesn't
- appear" in there or' "Loretta Lynch" doesn't appear' in there. And I --
- Ms. Page. That makes sense to me.
- Mr'. Ratcliffe. It does?
- Ms. Page. That's not -- yes. So, I mean, I believe you. I have
- no way to disagree with you. But those were not investigative steps.
- This was not designed to, sort of, be every single thing that happened
- during the course of the Clinton email investigation. This is designed
- to be an assessment of what the FBI did and what the FBI found. And
- the tarmac incident doesn't really play a role with respect to those
- two things.
- Mr. Ratcliffe. So -- and that's your" opinion. You're entitled
- to it. I just want to be clean, though. So, if a meeting took place
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- 5 days before the interview that everyone in the country is talking
- about, in terms of it being inappropriate, casting a shadow, calling
- for, a quasi-r‘ecusal, that involves the husband of the subject of the
- investigation and the boss of five people from the Department of Justice
- that are in the room, you think it's not unusual that someone wouldn't
- ask a question of the subject of the investigation about that meeting
- that had occurred 5 days before in public view?
- Ms. Page. Well, so that's not what you asked me. You asked me
- why it wasn't in here. And so that's, sort of, my reflection of why
- that statement isn't in here.
- With respect to why they didn't ask hen -- you're asking why the
- prosecutor‘s didn't ask her a question in the interview? I can't answer"
- that except that MP. -- it kind of goes to the point I was making
- earlier. If we were close to changing hen and then suddenly this tar'mac
- meeting happens and now we are not going to charge hen, then I agree
- with you, and then we have a serious controversy on our hands.
- But I guess I just don't -- I fully understand and remember and
- appreciate the firestorm it created. I completely agree with you on
- that. But if there was 0.6 percent evidence the day befope the tarmac
- meeting and there's 6.0 percent evidence the day after the tarmac
- meeting, it doesn't change anything. It's a terrible optic, but it
- doesn't change the outcome of the investigation.
- So I was not a part of a decision to ask or' not ask. I didn't
- review the outlines with respect to whether to ask or' not ask. I don't
- know who made the decision whether to ask or' not ask. I'm just saying,
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- in my opinion, it's not that weird to me. I'm not sur'e what you would
- get out of that question.
- Mr. Ratcliffe. Hell, I guess --
- Ms. Page. Because there still wasn't sufficient evidence to
- charge her.
- Mr. Ratcliffe. -- what you'd get -- if the stated premise that
- everyonesemnstohavegivenisthatshe'snotgoingtobechar'gedunless
- she lies in her interview, she can't lie if she isn't asked the
- questions.
- Ms. Page. But she wasn't at this meeting. Her, husband was.
- Mr. Ratcliffe. I --
- Ms. Page. Right? So what is --
- Mr. Ratcliffe. I guess you could confirm that if you asked hen,
- just like you could confirm what they talked about and whether, or not
- there was any number, of discussions.
- Anyway, you're entitled to your' opinion. I just wanted to ask
- you about it because I'd seen something in these text messagesthat
- indicate that you were involved in this.
- And do you recall some text messages with Agent Strzok about some
- of the 3625 being inflammatory and not letting Congr'ess havethose?
- Ms. Page. Yes.
- Mr. Ratcliffe. Okay. What do you recall about that?
- Ms. Page. So that was when we were starting our production of
- the materials that Congress had requested. So it's not so much -- and,
- ultimately, they were all turned over' anyway. They were emails which
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- were -- or emails, excuse me. They were 302s which were -- didn't
- ultimately speak to any of the evidence that we found. They were
- inflammatory, they were certainly -..
- Mr. Ratcliffe. What do you recall about them? How were they
- inflammatory? Because I don't know that they have been turned over'.
- Ns. gage; So one is the quid pro quo. I mean, that we've
- gone -- that's gone, sort of, to the end of the Earth, the Brian -- what
- was his last name? McCauley maybe?
- So this was the claim -- sorry. I haven't thought about this in
- a while, so I don't want to get this wrong. So this was the claim that,
- very early in the Clinton -- in the -- shortly after, opening the
- investigation -- no. Sorry. Before that. Sorry, let me think about
- this for, a second.
- when the State Department was first, I think, complying with
- either, their FOIA or something and had first determined that there may
- be classified information among the emails which had been collected,
- there was an allegation that Patrick Kennedy, who was then the Under,
- Secretary for Management, I think, at the State Department, had reached
- out to Brian McCauley, I think is his last name -- but I could be getting
- it wrong -- who was an executive in our' International Operations
- Division, and had essentially -- the allegation was that if McCauley
- could get the classification of this particular' document changed, that
- the FBI could get the legat spots that they wanted at certain embassies
- or something like that. I don't -- I might be getting some of this
- wrong.
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- And so that had been investigated. I think both individuals had
- been interviewed by the FBI. The classification of the document never,
- changed. The legat spots were never' granted. And so it was sort of
- a wash.
- So the point was we were trying to prioritize the 3025 and the
- documents which actually went to the underlying decision not to
- prosecute. Those werenot those. And so, in terms of having limited
- resources and trying to prioritize the things which would be most
- salient to Congress' review of our investigation, the McCauley
- stuff -- there was something else; I can't remember now what it is.
- But the, sort of, sideshow things that didn't actually affect what the
- outcome was or' what the evidence was in the investigation were, sort
- of, deprioritized.
- So, I mean, that's all that's meant to r'eflect, ultimately. It's
- obviously a text message, so it doesn't have all of that context and
- background, but that's what that's a reflection of.
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- [3:11 p.m.]
- Mr. Ratcliffe. Okay. I want to go back the Comey memos that we
- were talking about. And you were relating sort of the process that
- you and Andy McCabe and others, apparently, would have a conversation
- with Director Comey about the material and what became his memosas
- a readout.
- Did I miss anyone besides you and Andy McCabe?
- Ms. Page. It's a very small number.
- Mr. Ratcliffe. Okay. who else can you think of?
- Ms. Page. I think the Director's testimony was Jim
- Rybicki -- and this is from memory, so it's in some hearing transcript
- somewhere -- Jim Rybicki, Mr. McCabe, Mr. Ghattas, maybe Mr. Bowdich,
- and myself.
- There may have been one or two other, times in which one or two
- other, people may have been aware of a particular -- hearing a readout
- of a particular, memo -- I'm sorry; let me correct one thing. The one
- exception to the list I Just provided was that Mr. Comey did brief his
- senior Crossfire Hurricane team of the meeting in early January when
- he's there with Clapper and Brennan and the rest of the -- Admiral
- Roger's, and the head of the -- the leaders ofthe intelligence community
- briefing him on the Intelligence community's assessment of the Russian
- interference and the Russia active measures report.
- The memo that he drafted following that meeting, in which he
- also -- is that public? -- let me stop there -- the memo that he drafted,
- he did brief the sort of senior, Crossfire team of the events.
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- We had talked about it in advance of that meeting, and he gave
- a readout of, you know, a debrief following that meeting. So that's
- the only exception in terms of the Comey memos that had a more expanded
- personnel list, to my knowledge.
- Mr. Ratcliffe. Okay. And so was the discussion -- before you
- had talked about, and you said, when, you know, when we talk about
- concerns that the Director had -- were those concerns about the topics
- that the President was talking about, or were they concerns about the
- President?
- Ms. Page. I don't know what you'retalking about. I'm sorry.
- what do you mean? What concerns I had?
- Mr. Ratcliffe. Giving the answer', you said he would bring us
- together to talk about -- from his meetings with the
- President -- concerns that came about.
- And I'm wondering were they concerns about topics that the
- President was talking about, or was the concern the President?
- Ms. Page. Well, I only recall being -- I think I was only present
- for one -- other than the January one about the ICA, I think I was only
- present for, one meeting in which he kind of had described what had just
- transpired. I don't remember which one that was of the memos that I've
- read and was privy to. I Just don't remember which particular one I
- was present for. I Just remember being present for, one of them.
- Mr. Ratcliffe. Okay. Well, do you remember I asked you before
- about an obstruction of justice as a topic, and you gave an answer',
- and then you came back and said: I need to take my answer' back.
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- Ms. Page. That answer, back, yeah.
- Mr. Ratcliffe. But generally talked about certain matters, I
- guess. Let me ask you this: I asked you the other, day about a text
- message that Peter Strzok sent you the day that Jim Comey got fired
- where he said: And we need to open the case we've been waiting on now
- while Andy is acting.
- And you explained: It didn't have anything to do with when Andy
- was acting, but the case we were waiting on.
- Is that the same information that's reflected in some of the Comey
- memos?18Usc924c@@
- Ms. Page. Just a moment, please.
- [Discussion off the r'ecor'd.)
- Ms. Page. Mr. Ratcliffe, I'm sure this is going to be an
- unsatisfying answer, but I have reviewed all the Comey memos, as I said,
- 1haver,eatuostoftheminrea1'time,atthetimethattheywer,ewr,itten.
- I don't have any basis to disagree with the claims made in the Corey
- memos, but with respect to what steps we may or' may not havetaken,
- based either on those claims or following the Director's firing,on
- advice of FBI counsel, I can't answer that at this time.
- Mr. Ratcliffe. Okay. Your, inability to answer' tells me a lot.
- And what it tells me is inconsistent. And what I'm trying to get at,
- it is inconsistent with what Jim Comey has admitted that he told the
- President, I think, that he wasn't under, investigation during that
- timeframe.
- Maybe --
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- Ms. Page. That is not inconsistent, sir.
- Mr. Ratcliffe. Okay. So he wasn't under' investigation, but
- thatdoesn'tmeantherewasadiscussiongoingonaboutpotentialcrimes
- involving the FBI Director's senior, leadership team. That's what
- you're telling us?
- Ms.P_age_. Iamnottellingyouthat. Butthestatement,iftaken
- as a hypothetical, somebody could not be under investigation, but there
- still could be discussions about potential criminal activity, and that
- is totally consistent with FBI policies and would not be unusual with
- respect to any investigation.
- Mr. Ratcliffe. Except the unusual part about memorializing it
- in memos that hadn't been done with other Presidents, right?
- Ms. Page. I don't know what you're asking me. I'm sorry. How
- do you -- what?
- Mr. Meadows. Well, let me follow up, if you don't mind.
- Are you aware of any other, time that Director Comey memorialized
- conversations with President Obama?
- Ms. Page. I think he has testified that he did not do that.
- That's correct.
- Mr. Meadows. Okay. And so did you not find it unique that he
- would be memonia1izing these conversations, and they weren't in
- tota1ityofthea11theconver'sationsytouhad,butherremtoi1izedthese
- particular conversations. Did you not find that unique?
- Ms. Page. I think that he did memorialize all of his
- conversations with --
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- Mr. Meadows. President-elect.
- Ms. Page. President-elect or President Trump. I think that's
- been his testimony. I wouldn't have known that he did or didn'tdo
- it beforehand, to be honest with you. So I don't know that I can answer'
- your' question.
- Mr. Ratcliffe. Did Director Comey have any conversations with
- you about the purpose behind him creating these memos?
- Ms. Page. No.
- Mr. Ratcliffe. Okay. Did Andy McCabe create any memos?
- Ms. Page. Yes.
- Mr. Ratcliffe. Tell us about those.
- Ms. Page. I can't do that, sir.
- Mr. Ratcliffe. Okay. Without -- I'm going to respect -- try and
- respect as much of this as I can, but given the fact that you've
- acknowledged that there were memos or at least a memo, I want to find
- out as much as I can about the timing and the circumstances of it, even
- if you won't disclose the content of it.
- So, first of all, let me ask you, are you aware of the content
- of the memo or memos?
- Ms. Page. I am.
- Mr. Ratcliffe. Were you involved in the preparation of the memo
- or memos?
- Ms. Page. I reviewed some of them, probably not all, but some
- of them, mostly for, like spelling and typographical things before he
- finalized them.
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- Mr. Ratcliffe. Okay. You say "them," so there were multiple
- memos. Do you know approximately how many memos?
- Ms. Page. Let's be more specific about memos with whom, if we
- could.
- Mr. Ratcliffe. Memos with r'espect to President Trump.
- Ms. Page. Just meetings with President Trump?
- Mr. Ratcliffe. Just what?
- Ms. Page. Just meetings with President Trump?
- Mr. Ratcliffe. Meetings, conversations, interactions,
- communications.
- Ms. Page. with the President?
- Mr. Ratcliffe. With President Trump?
- Ms. Page. There's a very small number. I'm not certain, but one
- or two. I'm not certain.
- Mr. Ratcliffe. And can you tell me anything about the timing of
- those memos? When they were created and the circumstances under' which
- they were created, without getting into the content?
- Ms. Page. With respect to those one or two, to the best of my
- recollection, he would have created them shortly in time following
- whatever interaction he may have had.
- Mr. Ratcliffe. And was it his interaction necessarily or could
- it have been memos about -- I'm trying to find out, again, the timing
- of this. Is this sort of related to the firing of Jim Comey or' other,
- events?
- Ms. Page. I'm sorry. Ask me that question again.
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- Mr. Ratcliffe. I'm just trying to determine the context of now
- what I'm going to refer to as the McCabe memos and when they were created
- and what the circumstances of the McCabe memos were.
- So can you give me a -- when was the first McCabe memo created,
- if you can give me the general timeframe and the circumstances under,
- which it was created.
- Ms. Page. I honestly, I could not guess at a date. I do not think
- that the Deputy Director had any interactions with the President of
- the United States until after he became the Acting Director.
- -Mr‘. Ratcliffe. Okay.
- Ms. Page. But that is my -- I am-speculating about that, as I
- sit here today.
- Mr. Ratcliffe. Okay. You're not certain about that.
- Do you know whether, op not there were any McCabe memos during the
- Obama Administration?
- Ms. Page. Not to my knowledge -- I'm sorry. Memorializing
- interaction with President Obama?
- Mr. Ratcliffe. Yes.
- Ms. Page.e_. No, not to my knowledge.
- Mr. Ratcliffe. Okay. what's your' understanding of why Deputy
- Director on Acting Director McCabe generated a memo or' memos
- memorializing his interactions with President Trump?
- Ms. Page. I 'ttt not really crazy about speaking for, them. I would
- say, in general, that an FBI agent memorializes the substance of a
- conversation when he thinks there is a reason to memorialize it, whether,
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- it is the substance, whether it is the circumstances of the meeting,
- whether it is the nature of the interaction.
- We write something down when it seems worth writing down.
- Mr. Ratcliffe. Were the McCabe memos ever' disclosed outside the
- FBI, to your' knowledge?
- Ms. Page. Not outside the Department, to my knowledge.
- Mr. Ratcliffe. Would the special counsel have access to the
- McCabe memos?
- Ms. Page. I -- yes.
- Mr. Ratcliffe. Would the McCabe memos be relevant to the matters
- that the special counsel is investigating?
- Ms. Page. Yes.
- Mr. Ratcliffe. You mentioned that there were other memos
- that -- I'm not sure I understood. These ones that we're talking about
- related to his interactions with the President, but you intimated that
- there were other, McCabe memos that were responsive to my first
- over'ar'ching question.
- Can you tell me what those memos relate to? How you would
- characterize those?
- Ms. Page. Mr. McCabe memorialized certain interactions with
- either, white House personnel or others when there was something
- noteworthy to memorialize, sir.
- Mr. Ratcliffe. Did either, Deputy Director McCabe or Acting
- Director McCabe, whatever, capacity, did he discuss the memos, to your'
- knowledge with Jim Comey?
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- Ms. Page. Cer'tainly, the ones that were written before the
- Director was fired, I would expect So. He would not have discussed
- them, any memos that he drafted after the Director was fired because
- the Director was no longer a government employee.
- Mr. Ratcliffe. Based on public reports, Acting Director McCabe
- interviewed with President Trump for the position of Director of the
- FBI on or about May 18th of 2017.
- Do you know if -- first of all, do you know if Acting Director
- McCabe discussed the McCabe memos or' the Comey memos or disclosed the
- existence of either, to President Tr'ump in that interview?
- Ms. Page. I, I don't think -- I don't know.
- Mr. Ratcliffe. Did you have a conversation with Acting Director
- McCabe about his interview with the President?
- Ms. Page. I did.
- Mr. Ratcliffe. His interview for the position of FBI Director?
- Ms. Page. Yes.
- Mr. Ratcliffe. What generally did he relate to you about the
- interview that you may recall?
- Ms. Page. I'm sorry, sir. I'm not going to go into the details
- of those conversations at this time.
- Mr. Ratcliffe. For what stated reason?
- Ms. Page. Because I have no idea what among the memos that
- Mr. McCabe drafted is of investigative utility or not to the special
- counsel, and so because I have no knowledge of that, I can't start
- parsing some parts of the content and -- versus others.
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- Mr. Baker. When Mr. McCabe was Just regular Deputy Director, did
- he ever" keep any memos from conversations or interactions he had with
- Director Comey?
- Ms. Page. He did not keep memos, but he obviously took notes,
- you know, during the course of his duties.
- Mr. Baker. Okay.
- Mr. Meadows. Let me, Lisa, may I do a followup from previously?
- when we talked about the dossier's existence came into your'
- knowledge in mid-September, it's, I think, been reported, but also
- during testimony, that there was a numbers of different versions of
- different memos, I guess, that became aware -- that the FBI became aware
- of. Is that correct?
- Ms. Page. Not memos but of the reports that are called the
- dossier'.
- Mr. Meadows. Yeah.
- Ms. Page. Yeah, I'm --
- Mr. Meadows. Yeah, I'm not following up on his.
- Ms. Page. Okay.
- Mr. Meadows. But as we now know is the dossier, because it had
- a numbers of different reports there.
- Ms. Page. My understanding is that, if there ace -- I'm going
- to make this up -- if there ace 20 reports that the FBI received from
- Christopher Steele, I've completely made that number up --
- Mr. Meadows. Right.
- Ms. Page. -- I'm just using it for example's sake.
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- If there are " r'epor'ts that the FBI received from Christopher'
- Steele at various times and from various individuals, people, other,
- government employees, wherever, the FBI has received certain subsets
- of that M.
- So, from one person, we might have received 11; from another
- per'son, we might have received 14. I'm -- again, I'm Just doing this
- for, example's sake -- but, yes, it is my understanding that the FBI
- has received from various sources -- not confidential human
- sources -- but from various places --
- Mr. Meadows. Right.
- Ms. Page. --. varied subsets of the, quote-unquote, "dossier."
- Mr. Meadows. So, when that happened, and we started to look at
- that, and obviously, you've got mid-September through the third week
- in October, when a FISA application is actually issued on Carter Page,
- did you receive multiple sources between the mid-September, orwere
- the multiple sources after the original FISA application?
- Ms. Page. I think after.
- Mr. Meadows. okay. So did you communicate that or was that
- outlined in the followup FISA applications that you might have gotten
- additional --
- Ms. Page. I'm not sure -- that's my point -- I'm not sure any
- were additional.
- Mr. Meadows. Right, but as a subset, but they were different.
- So, I mean -- here is --
- Ms. Page. No, that's --
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- Mr. Meadows. So what yOu're saying is they were all consistent;
- it just was part it --
- Ms. Page. Duplicative. Right so --
- Mr. Meadows. Let's say there were 16 different items, you might
- have gotten 11 from this source and 10 from this, but they were all
- consistent is what you're saying?
- Ms. Page. That's my recollection, yes.
- Mr. Meadows. All night.
- Ms. Page. So it's not as though, if we had 20, and Joe Smith
- provided us with 11, all 11 were within the 20 we had. It is not as
- though one of them was new to us out of the original M. That's my --
- Mr. Meadows. Right.
- Ms. Page. I guess I should hedge this, though, because I'm not
- looking at any of these. That's my understanding based on what had
- been briefed to Director Corey or otherwise. I never' looked at any
- of the nonofficial sources--
- Mr. Meadows. Right.
- Ms. Page. -- of the dossier'.
- We got the set of the r'epor'ts that we got from Chr'istopher' Steele,
- our' confidential human source. That was sort of the authoritative set
- that we cared about.
- To the extent we got chunks or subsets from other, people, we
- collected them, but --
- Mr. Meadows. At what point did you start to get concerned that
- there may be some potential credibility issues as it relates to who
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- may have paid for the work? Did you ever'?
- Ms. Page. Me --
- Mr. Meadows. I mean, because we know that, on January 10th of
- 2817, they were still, according to Peter Strzok's email to you and
- others, that they were unverified still at that particular point.
- Ms. Page. So, let's -- let -- there's a lot --
- Mr. Meadows. January 16th.
- Ms. Page. There's a lot packed inthere, though. So, to your'
- first question, when did I get concerned?
- I'm not sure that I ever' actually had a concern. And the reason
- is that, with r'espect to the -- certainly the first FISA .-.. Ithink
- we had an understanding that Steele had first been engaged by a
- Republican opposition but by -- I'm not going to be able to describe
- it better, and I hope I'm not --
- Mr. Meadows. Somebody opposite of Trump.
- Ms. Page. Exactly. By a Republican who is seeking opposition
- research. And then, after that person had dropped out -- I didn't know
- who -- but after that had sort of fallen away, that the engagement
- continued for the Democrats.
- So that was sort of a wash, as fap as I'm concerned. There wasn't,
- in my view, a political motive that affected the --
- Mr. Meadows. No, the one political narrative is that they were
- all against Donald Trump. That would be the consistent theme there.
- Ms. Page. Right.
- Mr. Meadows. Whether it was for, Marco Rubio or Ted Cruz, they
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- were all consistently against Donald Trump.
- Ms. Page. That's right. But because of the person that
- Christopher Steele was and the -- both his --
- Mr. Meadows. Because he was credible from before when you worked
- with him.
- Ms. Page. Exactly. And this was not a source of consternation,
- in my view.
- Mr. Meadows. So let me drill down. And specifically, Mike
- Kortan and media contacts, potential media contacts, at what point did
- that become a concern as it relates to Christopher Steele and some of
- the communication that was not just a couple? It seemed to be
- widespread.
- Ms. Page. Right. So we were very concerned about the existence
- and the content of Steele's reporting leaking. We were very concerned
- about.
- Mr. Meadows. In fact, did you not verify that he had leaked? I
- mean, today, if you were to --
- Ms. Page. Let me -- hold on. I'm sorry. One second.
- Mr. Meadows. Go ahead. Sorry.
- Ms. Page. No, no. At some point, December-ish, I think,
- maybe -- well, maybe earlier than that, maybe November'. Mike Kortan,
- the head of our Public Affairs Office, does start to inform the team
- that there are more outlets asking him about this.
- Do you have it?
- What is it?
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- Have you heard of this?
- Because the existence of these reports is starting to sort of
- circulate in Washington circles. And I r,emember, the team discussing,
- as a collective sort of saying, like, how our singular, focus wasto
- notconfipmthatwehadthembecausethenweknewthatthepPesscou1dn't
- necessarily report on the substance of the allegations becausethey
- were so inflammatory.
- Mr. Meadows. Right.
- Ms. Page. But if they wanted to report in a way that would be
- less inflammatory, they could simply say: The FBI has reports that
- say blahbadee, blahbadee, blah.
- So our single focus was to make sure they could not do that.
- And with some regularity Kortan would inform us that this news
- outlet or that news outlet had asked him: Do you have these? Do you
- know about them?
- And we just had a resolute "no comment" because we did not want
- to allow the opportunity that we did have these to even allow that to
- be the news story.
- So --
- Mr. Meadows. So was Mike Kortan's acknowledgment that this
- potentia11ycou1dhavebeenhappeningwithchPistopherStee1e,viiasthat
- pant of the decision to not reimburse Christopher Steele, as has been
- reported, or pay him for part of the work as a confidential human source?
- Ms. Page. I don't know what you'retalking about. I'm sor'r'y.
- Mike -- so Christopher Steele was never' -- he came to us and gave us
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- this information. We didn't, we didn't --
- Mr. Meadows. So there was never' an indication to reimburse him
- for, his expenses or anything else.
- Ms. Page. No, no, we reimbursed him for his --
- Mr. Meadows. Pay him for his time?
- Ms. Page. -- his travel expenses.
- Mr. Meadows. Pay him for, his time?
- Ms. Page. No, not to my knowledge.
- Mr. Meadows. I can see my colleague from Texas getting anxious,
- so I'm going to yield back.
- Ms. Page. I was going to say one other thing. One of the other'
- things you said sort of unverified, salacious. And so that's true,
- and I can't get into sort of the substance of what we did, but
- immediately, I mean as soon as we received the reporting from Steele
- in mid-September, we set about trying to prove or disprove every single
- factual statement in the dossier.
- And so, and we had line level analysts who are super' experts on
- Russia, try to pick apart each statement and either try to prove its
- veracity or prove its inaccuracy. And to the best of my knowledge,
- we were never' able to disprove any statement in it. So we were never'
- able to say: There's a claim about X, and that is untrue.
- There are some statements For which we have never, been able to
- confirm or' deny its veracity. But there are no statements contained
- in the - at least at the last time that the review is done, which is
- now many months ago -- that we were able to demonstrate or show were
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- demonstrably false.
- Mr. Ratcliffe. Ms. Page, ape you talking about the Woods file?
- Ms. Page. No. The Woods file is a document that accompanies a
- FISA, which provides the basis for, each statement contained therein.
- Mr. Ratcliffe. Right. I've seen it.
- Ms. Page. Okay.
- Mr. Ratcliffe. But I F.-
- Ms. Page. I'm not talking about the Woods file. I'm talking
- about a separ'ate effort that was undertaken in order to try to verify
- for investigative purposes, not for' purposes of the FISA, but a separate
- effort undertaken to try to validate the allegations contained within
- the Steele reporting.
- Mr. Ratcliffe. Okay. So what would that, what was the
- name -- maybe I missed it. what was the name of that document?
- Ms. Page. There's no name.
- Mr. Ratcliffe. If I were trying to locate that or ask for it to
- be produced, what would I be asking for?
- Ms. Page. I mean, the efforts to validate the Steele reporting?
- I don't know. It's not like a document. I mean, it is not a --
- Mr. Meadows. I guess what he's saying is we have not seen these
- documents yet. We've made multiple requests. So I guess how can you
- help us home in on where those requests may or may not be?
- Mr. Ratcliffe. And the reason I mentioned the Woods file is
- because I have seen the Woods file because I've wanted --
- Ms. Page. The Woods file is different.
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- Mr. Ratcliffe. And I understand that, but I thought maybe you
- were talking about it without naming it. So, if there's another,
- document out there that attempts to do something similar, it sounds
- like --
- Ms. Page. No, I don't -- it is not that similar'. Every single
- FISA that goes to the FISC has a Woods file.
- Mr. Ratcliffe. Right.
- Ms. Page. No matter the topic, no matter the subject, no matter
- the threat.
- The Woods file is part of the FISA process which is designed to
- demonstrate that we have done due diligence with r'espect to the facts
- supporting the FISA application. This is a sort of separate effort
- that investigative team undertook.
- Mr. Ratcliffe. Okay. Ms. Page, I have to -- I've had a chance
- to ask you questions over' the last Friday and again today. I know I've
- asked you some tough questions, but I want to get on the record, have
- I been discourteous to you at all?
- Ms. Page. No, sir.
- Mr. Ratcliffe. Have I given you the full opportunity to answer
- or explain your' answers?
- Ms. Page. Yes, sip.
- Mr. Ratcliffe. And have I generally been fair in my questioning?
- Ms. Page. Yes.
- Mr. Ratcliffe. Believe it or not, I'm asking that -- believe it
- or not some folks might misrepresent how we conduct ourselves in here,
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- and I want to get that on the record.
- So I thank you for, your" time.
- Mr. Meadows. And I'm -- the gentleman from Boston has a couple
- of questions for me, and you'll tell by his accent very quickly.
- Mr. Brebbia. Hi. I'm Sean Brebbia, Oversight and Government
- Reform, Majority.
- Ms. Page. Sean?
- Mr. Brebbia. Brebbia. B-R-E-B-B-I-A.
- BY MR. BREBBIA:
- Q I show you an email between you and Peter Strzok from
- October 18, 2016.
- A I just want to take a second to start from the beginning and
- look at it.
- Q Sure. Please do.
- A Okay.
- Q Just beginning very basically, can you tell us a little bit
- about what's being discussed here? The subject is -
- A Am I allowed to -- I'm sorry. One second, please.
- Ms. Bessee. May we confer?
- Mr. Brebbia. Sure.
- (Discussion off the record.]
- Ms. Page. So I don't -- I can't -- I believe that I can answer'
- the question. I don't believe I can answer' the question in an
- unclassified setting.
- Mr. Brebbia. Okay.
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- Mr. Somers. But you could answer' the question in a classified
- setting?
- Ms. Page. Yes.
- Mr. Brebbia. And FBI.
- BY MR. BREBBIA:
- Q Okay. Couple more. In this email, there's mention of
- "they" editinga document. Subject of the email is "Re -.''
- The document that's being discussed, did the " have any
- involvement with preparing that document?
- A There's no way I can answer' that. I can't answer, that it
- in this. I'm sorry.
- Q How about anyone at the white House? Anyone at the White
- House have involvement in drafting that document?
- A I can say, generally, I am not aware of the White House
- ever -- in my personal knowledge, I've never' been a part of any FISA
- in which the White House has been involved?
- Q And how about knowledge? Is there at the White
- House -- anyone in the white House have knowledge of that document?
- A Not to my knowledge.
- Q It probably makes more sense to take this up in classified
- setting?
- A I think so, sip.
- Mr. Parmiter. Could I ask just a couple of followup questions
- to some of the things you talked about with MP. Ratcliffe?
- You referred to a separate effort that was not the Woods file to
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- validate allegations in the Steele reporting. I'm just kind of curious
- as to the timeframe.
- when did that sort of separate effort begin to corroborate the
- Steele reporting, and when did it end?
- Ms. Page. It began immediately upon receiving the Steele
- reporting. And I do not know when it ended.
- BY MR. BAKER:
- Q And what steps were taken to validate or refute any of the
- points made in the document?
- A I can't go into more detail about the specific efforts that
- were taken, other than that herculean efforts were taken to try to prove
- and -- or disprove or corroborate in any way the statements contained
- in the Steele reporting.
- Q Okay. Let's take the Steele reporting out of it.
- If you were trying to validate points made in information given
- from another, source, would it be fair to say one of the techniques to
- validate or disprove would be to task other sources?
- Q So would you do everything and anything that's authorized,
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- but that could include tasking othep human sources to --
- A Well, yes I guess it could, but think about really what you're
- saying. If I have a document that says, "On January 25th of 2013, Joe
- Smith and Sally Jones were at a restaurant," -
- - that's a historical event, —
- Q But if you have a source that owned the restaurant. I mean,
- you could have a source that --
- A If you --
- ---,
- -
- And then you would get whatever' answer' then, certainly.
- But more likely, I mean, so maybe you would -ll
- -. I mean , I'm making this
- up, obviously, but the more expeditious and likely investigative
- steps would be to look at what is -
- ---
- Q Okay.
- A And that would at least make that statement more likely to
- be true or less likely to be true, depending on what you find.
- Q Okay. Thank you.
- BY MR. BREITENBACH:
- Q You had indicated on Friday that there was an investigator
- who had been brought over' to the Special Counsel's Office prior to
- Mr'. Strzok being employed, but that that person was not a good fit?
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- A That's correct.
- tt who was that person?
- A I think his name was John Brown.
- Q And why do you think that the special counsel deemed
- him -- Mr. John Brown, you said?
- A I think that's his name, yeah.
- Q why do you think the special counsel deemed him not to be
- a good fit?
- A You would have to ask the special counsel.
- So you're not aware of why he might have been removed --
- I'm not going to speculate.
- -- from the team?
- >0 >0
- No.
- Q Why did you leave the Special Counsel's Office?
- A I talked about this at length on Friday. when Mr. Mueller
- first asked me to join, I was quite hesitant to do so. It had been
- an incredibly intense 2 year's, and I have very young children at home.
- And I wanted to be a better parent to them. And so I originally
- demurred, and Mr. McCabe encouraged me to go and help out. And so as
- a sort of compromise position, I talked with Mr. Mueller about coming
- over' for, 45 days to sort of help them stand up their effort and that
- we would sort of reassess at the end of those 45 days.
- And, ultimately, I knew -- I know what a Bob Mueller operation
- looks like, and I know the intensity and the rigor and the incredibly
- hand work that is required. And I was lust ready to sort of makea
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- change in my personal life. And so I left after the 45 days and
- returned to the FBI.
- Q Okay. And also in your' testimony on Friday, you had that
- indicated -- you had made some statement indicating that we had access
- to all of your' emails, texts, communications?
- A I mean, this is my presumption. There's not a whole lot of
- secrets out there left on me.
- Q Are you aware whether there was any preservation order ever'
- issued with respect to any of your' communications?
- A Preservation by whom and for what?
- Q That's what I'm asking. Maybe from Special Counsel's
- Office, the FBI, by -- '
- A I mean the FBI, to the best of my knowledge, preserves
- everything. And I'm certain there have been pr'eser'vation orders that
- the FBI has sort of announced, but I'm not even there anymore. So I
- don't have access to any of the stuff before you in the first place.
- Q We understand you communicated through other devices, other
- accounts, including iMessage and Gmail. Has there been any effort to
- access any of those communications?
- A Well, I don't have any iMessages. We communicated using our
- personal devices for personal purposes. We very infrequently used
- those devices for, work purposes. And --
- Q I'm sorry. I missed that.
- A We very infrequently used our' personal devices for, work
- purposes.
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- Q Have you turned over' those messages that were wor'k-r'elated?
- A There are no work-related messages in my personal accounts.
- Q But you indicated you "infrequently," meaning, at some
- point, you did communicate regarding work-related purposes over
- personal devices?
- A I am sure that I have. I never' retained those. And unless
- they were a record requiring, you know, sending it back throughthe
- FBI system, there's no need to retain those.
- Q And neither' the FBI nor the special counsel has ever'
- attempted or requested your' communications over, per'sonal devicesor
- personal accounts?
- A One moment, please.
- [Discussion off the record.]
- Ms. Page. So there is -- my understanding is that there is some
- FOIA litigation, either, at the Department or the FBI for which my
- personal accounts -- I'm sorry -- for, which work-related material on
- my personal accounts have been requested to be preserved, but I do not
- have any such material to preserve.
- BY NR. BREITENBACH:
- Q You indicated previously that the importance that you placed
- on the Russia investigation over the Clinton email investigation in
- terms of the effect you believed it might have on national security.
- Are you aware whether there was ever any similar' targeting of the
- Hillary Clinton campaign by any foreign intelligence service?
- A No, not that I'm aware. And just to be clear, about your'
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- question, that answer was given with respect to, once we were in October,
- and we had the sort of ongoing Russia investigation and we had the
- potential additional emails that may have existed on the Weiner laptop.
- So I just want to make sure we're talking about -- it's not as
- though, other, than in that one particular month, the two investigations
- never, overlapped such that we had to do a weighing or balancing of the
- two investigations.
- Q Serving as counsel to Mr. McCabe, the number, two at the FBI, is
- that the kind of information that you might learn of with respect to
- whether, another.
- A If there had been a serious attempt by a foreign power' to -- by
- a threatening foreign power to work with members of the Clinton
- campaign, I would have expected to know about it, yes.
- Q Okay. Thank you.
- BY MR. SOMERS:
- Q You mentioned the name John Brown a few minutes ago. Can
- you just clar'ify where he is, what his job is?
- A I have no idea what his job is right now.
- Q No. Was at the time. Sorry.
- A So, when the special counsel first stood up and they were
- looking to staff that effort, they -- the FBI, I think, originally
- wanted to put somebody other than Pete on it so that Pete could kind
- of go back to his day job, as I think I described in some depth on Friday.
- And so the person that they originally sought to fill the kind
- of lead FBI role on the special counsel was an individual named John
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- Brown.
- Q National Security Division? Counterintelligence?
- A I think a Cyber' SAC.
- Mr. Somers. I think we're out of time for this Pound.
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- [4:67 p.m.]
- Ms. Kim; We're back on the record. It is 4:07.
- BY MS. KIM.
- Q Ms. Page, the email that you discussed with the majority
- about the - has been used as an exhibit for a news article
- that came out on July 6th, 2018, from The Hill entitled “Memos Detail
- FBI's Hurry the F Up to Probe Trump Campaign." Are you familiarwith
- that article?
- A I'm sorry, can you step just a little bit further from the
- mike? It's a little bit -- yeah.
- Q Does this help?
- A Yeah. Sorry. So say that all over" again, please.
- Q Yes. The - email that you reviewed with the
- majority was used in an article from The Hill by opinion contributor
- John Solomon about how the FBI allegedly kept hurry the F up pressure
- on the Tr'ump campaign probe. Are you familiar, with that article?
- A I am familiar, with that article, yes.
- Q The thesis question from that article, third paragraph of
- that article I'll read to you is: The question that lingers unanswered
- is, did those sentiments, meaning anti-Trump sentiments, affect
- official actions?
- A Right.
- Q So, insofar' as you can tell us in an unclassified setting,
- did the - process reflect any political biases or other
- improper motives?
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- A No. As I -- as I think I discussed earlier -- I probably
- shouldn't have discussed earlier in that setting. Okay, never mind.
- No, there were no -- no political interest or, bias which affected
- the Carter Page FISA.
- Q Did it reflect any undue haste on the part of the FBI in an
- attempt to try to stop Donald Trump from becoming elected President?
- A No, not at all.
- BY MS. HARIHARAN:
- Q Also a part of the article is they cite Peter, Strzok's
- testimony From when he met with us in the transcribed interview where
- he said, quote, in response to Mr. Gowdy's question of whether, he was
- involved in the preparation of the affidavit in support of that FISA,
- he said, quote: "I can tell you that I was aware of the FISA
- application, but I did not participate in its pr'epar'ation."
- And then, when asked again, he wrote -- excuse me, he said: I
- did not provide information. I did speak with people who were
- preparing it.
- So, referring back to the emails that the majority showed you,
- was that Peter Strzok acting in his capacity as a supervisor' for, those
- responsible for the FISA application?
- A That's correct. So speaking more generally, a person in a
- DAD role does not have any pole in the FISA process. It's a very sort
- of regimented process that goes back and forth from the Department to
- the FBI. At no time does a DAD need to approve it or read it or write
- it or' provide intelligence toward it.
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- To the extent Pete was involved, it was because he was -- to the
- extent Pete was knowledgeable that it was happening, it's because he
- was in charge of the Crossfire investigation. But he -- that's
- consistent with my understanding and recollection. He did not have
- a role in the drafting or the sort of approval of the FISA.
- Q So just to be clear, he was not one of the individuals
- involved in sort of the pr'epar'ation of the factual --
- A That's correct.
- Q Okay. And then, to the best of your' knowledge, then was his
- testimony accurate?
- A That's correct, yes.
- Q Thank you.
- Mr. Coh_en. Ms. Page, I'm sorry, I've missed your' testimony on
- Friday and this morning, sothepe might be things that are repetitious.
- I believe I'm correct that you've said that even if people had political
- perspectives, and some people were anti-Hillary and some people thought
- Bennie was beyond the burn, et cetera, that none of those biases
- affected any of the actions of Mr. Strzok or' of you or anybody else
- within the Mueller' special counsel investigation.
- Ms. Page. That's correct, sip.
- Mr. Coh_en. Anything in the FISA applications that you know of
- that was not dealt with according to procedures and --
- Ms. Page. No, sip.
- Mr. Coh_en. No nefarious activity?
- Ms. Page. No, sin.
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- Mr. .coh_en., And wasn't there some information that if you went
- too far in giving the court -- the court was given information, I
- believe, about the fact that somebody might have paid for' the dossier',
- but that if they went too far, they might be outing sources or going
- beyond what is legitimate activity?
- Ms. Page. Sin, I'm not sure I can answer, that question in
- this setting.
- Mr. gghgn; And I'm not sure if I asked it right.
- Ms. Page. No, I understand your' question. I'm just not
- sure -- I'm really not sure what's been classified and -- what remains
- classified and what's been declassified. So I'm not -- I'm not
- comfortable answering that in this setting.
- Mr. Coh_en. And then you were asked about Mr. McCabe's memos and
- Mr. Comey's and the fact that he made some notes about his conversations
- with President Trump, and to the best of your' knowledge he didn't do
- this with any other, Presidents. Is that correct?
- Ms. Page. I think that's been his testimony, yes, sir.
- Mr. Coh_en. Do you think in your' history as an attorney, your'
- knowledge as a human being, that the degree of the -- the reputation
- a person has for, truth and veracity might have something to dowith
- the likelihood of somebody making a memo about their, conversation with
- them?
- Ms. Page. I agree with you, sir.
- Mr. Lt2lyi. So he wouldn't -- if he had talked to Abraham Lincoln,
- he wouldn't have had to make a memo, honest Abe.
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- How long were you involved with the FBI?
- Ms. Page. I was -- I worked at the FBI for, about 6 year's.
- Mr. Coh_en. And this was -- how many year's were you there during
- Comey's directorship?
- Ms. Page. For' all ofhis directorship. So for' the 3-1/2 years
- that Director Comey was there, I was also an employee.
- Mr. Coh_en. And were you there after, he was fined too?
- Ms. Page. I was.
- Mr. Ctuttrt, Would you say the morale at the FBI went up or down
- after he left?
- Ms. Page. We were devastated by his firing, sir.
- Mr. Coh_en. He was generally respected by members of the FBI?
- Ms. Page. He was respected and well-liked, and people believed
- in his vision for, the FBI.
- Mr. Coh_en. You were never' there during the time Mueller was
- ther'e, were you?
- Ms. Page. I was for about the first year', year" and a half of
- Mr. Mueller's tenure.
- Mr. Loin. Do you know what his reputation is among members of
- the Bureau for honesty and for, diligence and for', you know, hard work
- and caring about America?
- Ms.nggL He --hisneputationfor'a11ofthosethingsisstPong.
- He is regarded as very demanding, but also completely honest, you know,
- with integrity that is really unparalleled.
- Mr. Cohen. And a lot of the work that Peter, Strzok had done at
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- the FBI, particularly back in 2018, when he outed I think it wasas
- many as 18 Russian spies, was a lot of his work centered in
- counterintelligence on Russia?
- Ms. EaggL His entice career has been in the Counterintelligence
- Division. So his full 20 year's at the FBI has been almost exclusively
- doing either, counterintelligence or espionage cases, right. So
- counterintelligence is our effort to counter' foreign adversaries here
- collecting against us. Espionage cases involve U.S. persons who have
- decided to turn --
- Mr. _coh_en.. Join another team.
- Ms. Page. -- and work for a foreign power'.
- Mr. Co-hen, Yeah. Maybe go and sit next to Putin and say nice
- things to him, that kind of stuff.
- Would you say that if he had a driving force in his life and
- something that he was most concerned about that it was protecting
- America and our country from Russian influence?
- ‘Ms. gage; That is -- he is a patriot, first and foremost, and
- he has devoted his entire life to defending the national security of
- the United States. And Russia poses probably the most pernicious
- threat to Western ideals and western democracy. So, yes.
- Mr. Coh_en. I don't think I have anything else. Thank you. And
- I'm not going to offer you -- suggest you should get a Purple Heart
- even though I'll probably be described as sexist for not doing it.
- Mr. Cummings. Thank you very much.
- Ms. Page, I thank you for being here. And I know it's not the
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- most pleasant moment in your' life.
- During his testimony the other' day, Agent Strzok said something
- to this effect: That while he may have had his own personal opinions
- about Hillary Clinton and even his own opinions about Donald Trump,
- that it did not impact his -- the investigation. In other words, when
- he was deliberating with his colleagues, it did not affect that.
- Do you believe that?
- Ms. Page. Yes, sir.
- Mr. Cummings. And why do you say that?
- Ms. Page. Because I was present for, all of the investigative
- steps and for the decisionmaking that occurred on both investigations.
- And so I know the discussions that went on around them. I know the
- reasons behind the steps that we took.
- Certainly, with respect to the Clinton investigation, there was
- not a single investigative step at all, under, any circumstances, other
- than the July 5th statement made by the Dir'ector', that wasn't done
- either in conjunction with or' at the direction of the Justice
- Department.
- So there is no room for, bias, to the extent it even exists in the
- first place, to have influenced official acts, because everysingle
- act was taken in coordination with a half dozen to a dozen or more
- people.
- Mr. Cummings. Can you understand -- and I asked the same
- question of Mr. Stnzok, Agent Strzok. And I practiced law many years.
- But can you understand why people might think when they read the texts
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- that it would be almost impossible not to interject that, those
- thoughts, into the discussion?
- Ms. Page. I do understand that, sir. But I do think that we do
- not give up our right to have a view as to who is most qualifiedto
- be President of the United States simply because we work for the FBI
- or even because we are wor'king on an investigation involving oneor
- the other of them.
- Andthesewer'eounper'sonalviews. Theywereviews,particularly
- before July 28th, which entir'ely reflected our view of the dignity
- befitting the White House, of the decorum and the way one holds one's
- self. I don't see how that is relevant at all to whether, Hillary
- Clinton mishandled classified information 3 years prior.
- And after, July 28th, we were now concerned about whether, there
- was a foreign adversary trying to work with a Presidential campaign.
- And so I think that the concern there is both understandable and
- recognizable.
- I guess the other, thing I would say, sir, is that -- and I've said
- this a number of times in response to other questions -- we don't often
- like the people we investigate. And that is true whether we are
- investigating a pedophile or a fraudster or' a terrorist or a drug
- dealer. We don't like criminals. We don't like people who we think
- are criminals.
- And that does not ever' under' any circumstances pervade the
- activity that an FBI agent or' an FBI lawyer' or a DO3 pr'osecutor' engage
- in. ble are not driven by political motivations. We are driven bya
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- search For the truth. This is who we are as FBI employees. It is
- absolutely what pervades our every decisionmaking.
- And H at any opportunity we saw somebody acting in a different
- way, we would not tolerate it. It's Just not the way we operate.
- Mr. Cummings. You said something a moment ago in I think it was
- answering one of Congressman Cohen's questions, and I don't remember
- the exact words. I tried to jot it down. But you were talking about
- Russia and the threat of Russia. I forget the words you used. You
- said Russia was the greatest -- can you elaborate on that, please?
- Ms. Page. So it is my personal view that Russia poses probably
- the most -- the greatest threat certainly to Western ideals of any of
- our foreign adversaries. And we have vast foreign adversaries. But
- even the threats that are posed by China or by Iran or North Korea or
- others doesn't speak to sort of the core of Western democracy, night?
- You have -- you have -- in the Russian Federation and in President
- Putin himself, you have an individual whose aim is to disrupt the
- Western alliance and whose aim is to make Western democracy more
- fractious and in order to weaken our ability, America's ability and
- the West's ability, to spread our democratic ideals. I mean, that's
- the goal, is to make us less of a moral authority to spread democratic
- values.
- And I happen to think that this is the best country on the planet
- and that our' values ace universal values that can and should be spread
- across the globe. And that is not a view that is shaped by Russia.
- And so every effort to sow discord, to make us fractious, to harm
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- theblestennand/uner'icanwayof1ifeisawinfor'theRussianFederation.
- It is a win for President Putin.
- So it is my opinion -- I am certainly not the world expert on
- it -- but it is my opinion that with respect to Western ideals and who
- it is and what it is we stand for, as Americans, Russia poses the most
- dangerous threat to that way of life.
- Mr. Cummings. Me you aware of any FBI investigations motivated
- by political bias?
- Ms. Page. Never, sir. No.
- Mr. Cummings. You never' saw signs of that when you were there?
- Ms. Page. No.
- Mr. Cummings. Ape you aware of any Justice Department
- investigations motivated by political bias?
- Ms. Page. Not that I'm aware of, no.
- Ms. Page. On February 2nd, 2018, President Trump tweeted, and
- I quote: "The top leadership and investigators of the FBI and the
- Justice Department have politicized the sacred investigative process
- in favor of Democrats against Republicans, something which would have
- been unthinkable just a short time ago. Rank and file ape great
- people,' end of quote.
- Do you agree that, quote, "the top leadership and investigators
- of the FBI and the Justice Department have politicized the sacred
- investigative process in favor, of Democrats and against Republicans,"
- and can you explain why you feel whatever you feel?
- Ms. Page. No, sir, that's not been my experience. My experience
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- is as I've described it, which is that every person to a person, there
- are 36,588 of us, and we all cape about doing things the night way.
- That is the reason that we have the author'ity that we have as the
- FBI to show up at your' door in the middle of the night and to knock
- on it and to hope that you open. And the reason that we ape able to
- do that is because we have a reputation for honesty and integr'ity.
- And if we cannot continue to do that, if people question our,
- motives and people question why we are showing up at their, door in the
- middle of the night, we are all unquestionably less safe becauseof
- it.
- Mr. Cummings. Tell me, why did you become an FBI agent?
- Ms. Page. So I've been a lawyer, sir, for, the last 12 years. I
- am one of those nerdy kids who at 14 knew I wanted to be a lawyer', knew
- I wanted to serve -- be a public servant. I went to a public school
- for, law school in order to have less debt and lived at home sothat
- I could not sort of take the route of a private sector job, because
- I have always wanted to serve my country.
- Mr. Cummings. I take it this has been a very painful experience.
- Ms. Page. It has, sin.
- Mr. Cummings. Do you want me to pause for a minute?
- Ms. Page. I'm fine.
- Mr. Cummings. Throughout your' career at the FBI and DOJ, ace you
- aware of any instances of the FBI and the Justice Department conducting
- investigations in favor, of any party and against another'?
- Ms. Page. No, sir.
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- Mr. Cummings. On May 22nd, 2018, Republican Members of Congress
- introduced House Resolution M7. In that, they were requesting that
- the Attorney General appoint a second special counsel to investigate
- misconduct at DOO and the FBI.
- At the bottom of the first page, the resolution asserts the
- following: "whereas, there is an urgent need for, the appointment of
- a second special counsel in light of evidence that raises critical
- concerns about decisions, activities, and inherent bias displayed at
- the highest levels of the Department of Justice and the Federal Bureau
- of Investigation regarding FISA abuse, how and why the Hillary Clinton
- emai1pr'obeended,andhtsandwhytheDona1dTrump-Russiapr'obebegan,"
- end of quote.
- F1s.Page,doyouthinkthatther'ewasinherentbiasatthehighest
- levels of DOO and FBI regarding FISA abuse?
- Ms. Page. No, sir, there has not been.
- Mr. Cummings. Is there any evidence of inherent bias displayed
- at the highest levels of DOO and the FBI regarding how and why the
- Hillary Clinton email probe ended?
- Ms. Page. No, sir.
- Mr. Cummings. Is there any evidence of inherent bias displayed
- at the highest levels of the D03 and the FBI against Donald Trump as
- part of the Trump-Russia probe?
- Ms. Page. Sin, no. The actions that we took in that
- investigation, at least in the time that I've been present for it, are
- exactly what you want the FBI to do when confronted with the risk that
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- a member' of a Presidential campaign may be working in coordination with
- the Russians.
- There is no -- at the outset of an investigation, we cannot tell
- you definitively what is happening.
- But the notion that we should not have opened the investigation,
- that we should not have looked into whether or not this is a truthful
- or accurate allegation is just mind-boggling to me. It is precisely
- what you want your' FBI to do, investigate counterintelligence threats
- to this Nation.
- It doesn't mean that anybody has done anything wrong, not at the
- outset. It means that we need to look. And that's what we did.
- Mr. Cummings. Are you aware of any actions ever' taken to damage
- the Trump campaign at the highest levels of the Department of Justice
- on the FBI?
- Ms. EEEQ; No, sir.
- Mr. Cummings. Ape you aware of any actions ever' taken to
- personally target Donald Trump at the highest levels of the Department
- of Justice on the FBI?
- Ms. Page. No.
- Mr. Cummings. Is there any evidence that any FBI or Department
- of Justice official took any actions biased in favor, of Clinton or
- biased against Trump?
- Ms. Page. No, sir.
- Mr. Cummings. Not James Comey?
- Ms. Page. No.
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- Mr. Cummings. Andrew McCabe?
- Ms. Page. No.
- Mr. Cummings. Peter, Strzok?
- Ms. Page. No.
- Mr. Cummings. Loretta Lynch?
- Ms. L'iige, Not that I'm aware of.
- Mr. Cummings. Sally Yates?
- Ms. Page. Again, same answer'.
- Mr. Cummings. I'm sorry?
- Ms. Page. Same answer'.
- Mr. Cummings. Rod Rosenstein?
- Ms. Page. No.
- Mr. Cummings. And Robert Mueller?
- Ms. Page. No, sir.
- Mr.Cummings. 1sthereanyevidencethatPPesident0bamaor'dePed
- any investigative activity that was biased in favors of Clinton or' biased
- against Trump?
- Ms. Page. No, sir.
- Mr.Cummings. IstheneanyevidencethatPPesident0bamaonder'ed
- a wiretap of Donald Trump or the Trump campaign?
- Ms. Page. There is no evidence of that at all, sin.
- Mr. Cummings. None?
- Ms. Page. None.
- Mr. Cummings. I take it there was some time spent trying to
- figure out whether there was truth to that.
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- Ms. Page. At the Department, certainly, yes, sip.
- Mr. Cummings. On December' 3rd, 2017, the President tweeted,
- quote: "After years of Comey with the phony and dishonest Clinton
- investigation and more running the FBI, its reputation is in tatters,
- worst in history, but fear not, we will bring it back to greatness,"
- end of quote.
- Let me ask you something. I want to go back to somethingthat
- Congressman Cohen asked you. He asked you about a certain period
- where -- and he was asking you about the morale. And you said --and
- I'm not -- I don't remember the exact words. But can you describe,
- you know, when you -- I'm sure you all saw these tweets. And whenyou
- get things like that, read stuff like that, how do you think it affected
- the morale?
- Ms. Page. I will just say, sir, that that is not consistent with
- my feeling about Director, Comey or anybody that I know or that I've
- spoken to about how we held Director Comey. He was widely liked. He
- was respected. I don't know whether, he would want to work with me ever
- again, but I would work for, him anywhere he went any time in my life.
- He is a man of extraordinary intelligence and integrity, and it was
- a total pleasure to learn from him.
- Mr. Cummings. Do you agree with the President's statement that
- the FBI's reputation is in tatters and is the worst -- is theiuorst
- in history?
- Ms. Page. Well, it is now.
- Mr. Cummings. And why do you say that?
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- Ms. Page. Because we continue to be a political punching bag.
- Because some private texts about our' personal opinions continue to be
- used to -.. as a broad brush to describe the entire activity of 36,509
- individuals. Because we have been caught up in a place that we never,
- could have possibly imagined, because all of us did the job that was
- asked of us.
- Mr. Cummings. Is that painful?
- Ms. Page. It's horrendous, sin.
- Mr. Cummings. Does it make your' job harder to do?
- Ms. Page. Yes, it does.
- Mr. Cummings. How so?
- Ms. Page. Well, it's the very point that Iwas making. If we
- cannot be trusted to call on you, if we cannot be trusted to protect
- confidential human sources, then we need to get out of the law
- enforcement business. Because if we cannot be trusted to keep secrets,
- if we cannot be trusted to -- to believe that what we do we do for, the
- night reasons, then we have a very big problem in this country.
- Mr. Cummings. Do you agree with the President's
- characterization that the Clinton investigation was, quote, "phony and
- dishonest"?
- Ms. Page. I would welcome the President to point out what we
- should have done differently in that investigation, what the evidence
- would have shown, how we would have prosecuted beyond a reasonable
- doubt, given the evidencebefore us. I would welcome aconversation
- with President Trump about that.
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- I am really tired of hearing all of the things that we should have
- done with nobody actually demonstrating to me why that would have
- resulted in a different conclusion with r'espect to the prosecution of
- Mrs. Clinton.
- Mr. Cummings. In your' opinion, what kind of impact do statements
- like this have on the morale --
- Ms. Page. They're demoralizing.
- Mr. Cummings. -- of the rank and file?
- Ms. Page. They're demoralizing, sip.
- Mr. Cummings. And what is the impact of statements like these
- on the public's confidence in the FBI and how does that impact our
- national security?
- Ms. Page. I'm not sure I can expand on that further than I already
- have, sir.
- Mr. Cummings. Let mesay this. I don't have anything else, but
- again, I think I just want to defend the truth. And -- were you about
- to say something?
- Ms. Page. I was going to say, so do I, sir.
- Mr. Cummings. And Ibelieve that. I believe that. And Ithink
- what I've been trying to get to is the bottom line.
- You know, when I listen to some of the questioning, I try to figure
- out where are we going with all of this. And it seems to me when you
- told me and this body, this group of people, about your' feelings with
- regard to Russia, it makes it even more urgent that we get to the bottom
- line or we won't have a democracy.
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- And I want to thank you fon your' service. Going through difficult
- times is difficult, but in the end I think if you survive it you come
- out a stronger person.
- Ms. Page. Let's hope so.
- Mr. Cummings. And I want to -- I do thank you for your' service
- and thank you for your' testimony.
- Ms. Page. Thank you.
- Mr. Cummings. All r'ight.
- [Recess.]
- Mr. Parmiter. Let's go back on the record. It's 4:43 p.m.
- BY MR. PARMITER:
- Q Ms. Page, I appreciate you bearing with us. It's been a long
- day. We just have a couple more questions to ask.
- A No problem.
- Q Are you aware whether during the investigation, the MYE
- investigation, there was any evidence that Secretary Clinton or someone
- on her behalf had transmitted classified material other than by email?
- A How do you mean?
- Q For example --
- A Like a text or something or --
- Q -- by fax.
- A Oh..
- Q On, you know, either, Ms. Clinton herself or someone on her
- behalf.
- A I don't know. I'm sorry.
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- q So you wouldn't know whether, or not she directed someone to
- do so?
- A None of this is ringing a bell. I'm not saying that someone
- wouldn't have that information. I Just -- none ofthis sounds familiar,
- to me.
- Q Okay. Ape you generally familiar, with something called the
- President's Daily Brief?
- A I am.
- Q And is that document generally classified?
- A It is.
- Q At what level is it classified?
- A It depends on the reporting contained therein, but it is
- certainly a highly restricted document that, broadly speaking, is
- classified at the TS level.
- Q And would be inappropriate to transmit via fax or
- unclassified email or to anybody who is not otherwise authorizedto
- View it, correct?
- A It could -- it could go over, secure fax. It would depend
- on what system you were talking about. But in general, yes.
- Q Okay. Let me ask you a couple of followup questions also
- about meetings that were held at the Bureau regarding the Midyear Exam
- after' the case had wrapped.
- Did you attend any meetings at the FBI in 2618 regarding the
- Midyear Exam investigation?
- A In all of 2918? Oh, yeah, all the time. Yes. 0h, 2018?
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- Oh, I'm sorry. I'm sorry. No, I don't think so. No.
- q When did you leave the Bureau? Do you recall the date?
- A May 4th of this year'.
- Q So I'm not going to -- I'm just going to show you an email
- that has been produced by the Bureau.
- A Oh, oh, oh, oh. I'm sorry. Yes. So this I can explain.
- Sorry. Oh, no, what is this? So -- sorry.
- When you talked about meetings at -- at FBI, I'm thinking about
- meetings with the Director about the investigation. I sort of managed
- or sort of ran point, coordinated, I don't know what the right word
- is, an effort to try to stay on top, however, unsuccessfully, ofall
- of the various -- oh, wait. I am gone at this point. Sorry. That's
- weird.
- Q Right. So this email, just for, the record, is a May 17th,
- 2018, email to a number of folks at the Bureau, including, well, you,
- even though you had left by this time, correct?
- A Right. So my guess is that somebody just
- cancelled the -- let me take a step back.
- For some period of time, although I was not involved in this after,
- probably May of 2017, for some period of time starting in maybethe
- winter of 2016 through probably May of 2017, I tried to assist with
- the coordination within the Office of Congressional Affairs tosort
- of stay on top of the myriad requests coming from all the different
- committees for documents and for letters and sort of the congressional
- response and all of that.
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- And so I wasn't in charge of any of it. I Just tried to convene
- a meeting weekly so as to try to not let disparate - the disparate
- people who were responsible for, well, this person's responsible for,
- this portfolio and this one has HPSCI and this one has HOGR and this
- one, night, so that we were all talking with one voice, we all knew
- what requests had come in, the responses were consistent, night, we
- were pr'oducing the right stuff to the right committees.
- So for a period of time, like I said, probably from Decemberish
- 2016 through May 2017, I sort of led that effort. That's what this
- is a -- I think there was a sort of standing Midyear meeting that was
- once a week.
- I don't know whether, this is -- whether' this reflects that, to
- be honest with you. I just don't know. It seems like it. It's the
- right personnel who would have been involved in that.
- But by the date of this email, which is May 17th, 2018, I was not
- an FBI employee.
- Q Okay. Well, would you say that this is canceling a meeting
- series?
- A That's what it might be, yeah. So --
- Q And to your" knowledge --
- A And maybe it happened automatically. Like when they
- disabled my account, night, after leaving, it's possible that -- yeah,
- but this would have -- exactly.
- So the message contained here could have been whatever, the last
- time I sent a cancellation. You know, sometimes Outlook savesthat
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- last message, because obviously there's no way for me to havetyped
- this when I'm no longer an employee.
- Q Correct. So -- but, as far, as you recall, had any meetings
- of this NYE followup team taken place in 2018?
- A No, not to my knowledge. The effort has now been --after
- I left for special counsel, I never, picked it back up. And so, to the
- best of my knowledge, it was people in OCA who have been responsible
- for, convening meetings for congressional response, to the extent ones
- are happening. I just don't know. I don't have knowledge of it
- anymore.
- Q Okay. And that would have been when you left for special
- counsel in May of 2017?
- A Correct. Correct. I never' took -- my point is when I came
- back from special counsel, I never' took it back up.
- Mr. Somers. Since we're at the close of the interview, just to
- completely switch subjects possibly.
- Mr. Meadows. Before you close out, Lisa, you have mentioned that
- you worked for, Andy McCabe. You were probably the closest individual,
- professionally speaking, that he interacted with. Is that correct?
- Ms. Page. Certainly -- maybe one or" two people might be equally
- close. But yes, I would say we were quite close professionally.
- Mr. Meadows. So one of the things that I guess that I'm trying
- to put my arms around is, you know, as you heap different things
- communicated by different people, and we've had the opportunity to
- intervieler. McCabe previously, but it appears that he, you know, lied
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- to the FBI, lied to the IG, was caught in that, admitted it, and then
- kind of walked it back as it related to, you know, just some ofthe
- story of sharing with The Wall Street Journal, some of the conversation
- with Matt Axelrod.
- How do you -- I mean, would you characterize that as something
- that you saw typically over' your' professional career?
- Ms. Page. I am constrained in what I can answer' in light of other,
- ongoing investigations, but I can say that I have never' seen Andy lie,
- ever, under any circumstances. I have never' seen Andy do anything
- other, than make the right decision and often the hand decision, even
- when it has been personally unpopular or professionally unpopular.
- I have consistently seen him make hand decisions because they were
- the night thing to do. I have consistently seen him be the fly in the
- ointment in the NSC under, President Obama or in this administration
- because it was the right thing to do.
- The findings of the inspector' general are entirely inconsistent
- with the man I know and have worked very closely with for the last 4
- years of my career. And I cannot -- I simply don't agree with those
- conclusions, sir.
- Mr. Meadows. So -- and I thought that that's where you would go.
- And I guess my question is as it relates to some of the factual things
- that have now at least come out and been reported.
- So do you see this as more of and at odds with Director Comey and
- Andy McCabe? I mean, where is the conflict? Because, I mean,both of
- them can't be telling the truth. And obviously memos that you were
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- talking about earlier tangentially may or' may not relate.
- Ms. Page. So I really -- I really can't answer' substantively,
- because it's the subject of other, ongoing activity.
- Mr.Meadows. Sowoulditbefairtocharacterizethatyoubelieve
- someone else is not telling the truth?
- Ms. Page. No. I actually -- I am -- you'll be surprised to know
- that I develop strong feelings about things. And I am actually quite
- confident, although I've spoken to neither, Mr. McCabe nor Mr. Comey
- about this, I have a strong feeling that I understand where the
- disconnect happened with respect to what Director Comey thought they
- were talking about and with respect to what Mr. McCabe was talking
- about.
- Mr. Meadows. So you think it may be just a big misunderstanding?
- Ms. Page. I do, sir. I do.
- Mr'. Meadows. It ' s a pretty big one and you might -- and so I guess
- where does -- you know, I mentioned earlier Mike Kortan. Where does
- he come into all this? Because all of a sudden --
- Ms. Page. Yeah.
- Mr. Meadows. And what is tr'oubling with me is knowing that there
- are a number' of unauthorized disclosures that happened --
- Ms. Eagg; I disagree.
- Mr. Meadows. Hold on. That happened in Congress and happens at
- times in other, agencies.
- Knowing that, as we've been involved in this, that the FBI or'
- specifically DOO has done a very good job of putting a narrative out
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- there that sometimes is not based on truth, I guess the question I have
- is, what Pole did Mike Kortan, Director Comey, Andy McCabe play in the
- matter that we have where we have to question a high-ranking FBI
- official that has now retired?
- Ms. Page. Yes. I really want to answer' that question, because
- it is as good one. Give me a moment, please.
- [Discussion off the record.]
- Ms. Page. Mr. Meadows, I agree with you that it is curious that
- there is no reference in the IG report at all to Mr. Kortan,
- particularly in light of what I reported, which is that both
- interactions with the reporter were done with Mr. Korean, in
- coordination with Mr. Kortan and with Mr. Kortan at my side. So I
- cannot explain why there is no -- there is no reference to Mr. Kortan
- in any testimony, if he did give any, in the IG report.
- Mr. Meadows. So would it be prudent for, this committee to have
- Mr. Kortan come and testify to perhaps add some clarity in termsof
- what he said, didn't say?
- Ms. Page. I think that the U.S. Attorney's Office is probably
- adequately equipped to answer' that question sufficiently, sin.
- Mr. Meadows. All right.
- Ms. Page. Particularly, honestly, it's so tangential to --
- Mr. Meadows. The core issue.
- Ms. Page. Right.
- Mr. Meadows. Okay. So there seemed to be great
- consternation -- and that's me characterizing ..- the decision to
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- recuse himself, Mr. McCabe's decision to recuse himself in the final
- days of, I guess, when we reopened the MYE. It was apparent that he
- did not necessarily agree with that decision to recuse. Would you
- agree with that?
- Ms. Page. I would agree with that, and I agreed with him. I did
- not think there was a basis to recuse.
- Mr. Meadows. So was it that he was encouraged to recuse because
- of the appearance? Or why do you think he was encouraged to recuse
- himself? I mean, I've read a lot of back-and-forth as it relates to
- that, and it's still an unanswered question for me.
- Ms. Page. I know the 16 report has an entire chapter on this.
- I haven't read it. That was ultimately what Director Comey asked him
- to do, and so --
- Mr. Meadows. But I guess did Director Comey ever' tell him or you
- why he asked him to recuse himself?
- Ms. Page. I have never' spoken to Director Comeyabout it. He
- did -- Director Comey did speak to Mr. McCabe about it, obviously,
- because he instructed him ultimately to -- or asked that he
- ultimately -- Director Comey asked that Andy ultimately recuse. And
- I believe it's based on a sort of appearance, but I just -- I simply
- think that was misguided and ill-timed.
- Mr. Meadows. So the reason why I ask is because you have -- now
- you have an Andy McCabe that recused himself, you have an Andy McCabe
- that's been accused of lying several times to different people within
- the Department. And what you're saying, that those are two unrelated
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- events?
- Ms. Page. Oh, wholly, yes.
- Mr. meadows. And so one is perception; the other, is perhaps more
- a direct action of Mr. McCabe?
- Ms. Page. I guess so, yeah.
- Mr. Meadows. All r'ight. Yield back.
- And for, the record, I want to thank you for being cooperative.
- I want to thank you for doing the very best to answer' as many questions
- as possible. And I think I speak on behalf of the entire committee,
- that your willingness to share transparently has served you well and
- has certainly served this country well.
- Ms. Eagg; Thank you, sir.
- BY MR. BAKER:
- Q Did you say Mr. Kortan was present at your' side when you were
- having discussions with The Wall Street Journal?
- A Correct.
- Q And Mr. Kortan's position at the FBI was what?
- A He was the head of our Public Affairs.
- Q He's an assistant director of the Public Affairs Office?
- A Correct.
- Q So did you, by the fact he was present, believe that this
- was an authorized and approved --
- A It was an authorized. This is why -- we didn't get to it,
- but it was 109 percent an authorized disclosure. I mean, the whole
- premise behind the IG report in the first place I take issue with,
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- because I was authorized by Deputy Director McCabe and by Mike Kortan
- to engage with the reporter on this topic.
- And so, you know, the IG has come up with a different conclusion
- with r'espect to McCabe ' s inherent authority to authorize it in the first
- place, but I simply disagr'ee with that.
- Q So you believed it was authorized?
- A Yes. It was authorized, as far, as I'm concerned.
- Q You indicated in a previous round when there was a discussion
- about McCabe memos that Deputy Director McCabe had made some memos of
- his own. I had asked whether he had ever" made any memos regarding his
- conversations or interactions with Director Comey, and you said, well,
- he took notes.
- I was referring to any kind of documentation he made for, proof
- or clarity later on as to what he was told, not just taskings.
- A Got it. No, I am not aware of him ever' having taken a Itlelt1o
- as you have just described it with respect to his engagement with
- Director Comey. I just wanted to clarify that like every single day
- he likely was taking notes with respect to his interactions with
- Director, Comey in the course of his official duties.
- Q And did you have conversations with Mr. McCabe that made you
- believe that he thought Director Comey instructed him or wanted him
- to have these conversations with The Wall Street Journal, even though
- there weren't memos to that effect or' notes to that effect?
- A I'm sorry, ask me that question one more time.
- Q Did you ever' have a conversation with Mr. McCabe about the
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- whole Wall Street Journal issue regarding whether, the Director knew
- about it?
- A Oh, no, we did not have any conversations about that. But
- the Director need not have known about it. The deputy had his own
- inherent authority to engage with the media.
- So it's not something -- my point is, it's not something he
- necessarily would have needed to seek the Director's authority or
- approval for.
- Q Okay. Is Mr. Korean still employed with the FBI?
- A No, he's not.
- Q And do you know why he left?
- A Because he was long eligible to retire.
- Q So he just retired?
- A Yes.
- Q Okay. One final question on an unrelated topic.
- You had indicated your' role as an assistant to Mr. McCabe was to
- go to different meetings and sort of bridge back what had happened in
- these meetings or something like that.
- A Yeah.
- Q Are you aware of any meetings or did you hear, discussion about
- the sophistication level of Secretary Clinton as it related to handling
- of classified information or emails and communications in general, that
- she either was or was not sophisticated, and that would have been part
- of the discussion regarding changing?
- A I -- I'm not sure if I can tie it to your' last statement.
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- It's possible. But I was a pant of -- I was a part of the sort of general
- briefings that the Director on the Deputy Director had as we gathered
- more evidence In the Clinton investigation.
- And I don't remember whether it came out of Secretary Clinton's
- interview on interviews with some of hen senior staff or both.
- But yes, we did come to learn that Secretary Clinton was not
- particularly sophisticated when it came to technology and the use of
- computers. I mean, she was not a sophisticated cyber user'.
- it Was there ever, any evidence or any dissent in opposition to
- that view?
- A Oh, not to my knowledge, no.
- Q You had mentioned earlier that Mr. Priestap --
- Mr. Somers. Can I ask one question?
- Mr. Egggg; Sure.
- BY MR. SOMERS:
- Q what about hen sophistication in terms of knowledge of
- classification and what classified documents looked like?
- A She had that knowledge. Yeah. I don't --
- Q Well, because in her -... the 302 of her interview, for,
- instance, she says that she did not -- wasn't aware of what the C in
- parentheses at the beginning of a paragraph meant.
- A Yeah.. I mean, that's not -- that doesn't shock me. I mean,
- without the -- without the Pest of the sort of header and footer, and
- cover' page.
- Should she have? Yeah, probably. But like on a single line
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- randomly in the middle of an email, I don't find that terribly offensive
- to my sensibilities, but --
- Q I'm Just bringing that out as an example of whether -- what
- you saw as her level of understanding of markings on documents and
- things.
- A No, I think she -- I have no personal knowledge of this, but
- given her history in government and her position, I would expect hen
- to have had, you know, some sophistication with respect to
- classification.
- Mr. Parmiter. On what did you base the conclusion that she was
- not particularly technologically sophisticated?
- Ms. Page. I think both based on her statements about hen
- understanding on how a server works and my understanding -- and I never'
- read her 302, but my understanding is -- at least I don't think I
- did -- is based on what was briefed to the deputy and the0inectoP,
- was like as technical questions were asked of her, she lacked the
- ability to answer' them, as well as other people who were interviewed
- sort of had consistent statements with respect to her technical
- sophistication.
- BY MR. BAKER:
- Q Are defensive br'iefings Just for Members of Congress, or
- would Cabinet secretaries also get them if they were potentially
- targeted?
- A Oh, certainly. I mean, any -- a defensive briefing would
- goto any person in a position to have sensitive national secrets and/or
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- interactions or exposure with people from foreign countries.
- Q Do you know if Secretary Clinton had any in hen role as
- Secretary of State?
- A Defensive briefings? I
- Q Yes .
- A I have no idea, sir.
- Q Is it likely that she could have?
- A Entirely plausible, sip. But it would -- again, like
- there's a difference between a general CI brief, which is you're
- traveling to this country, beware of these things, versus, you know,
- we understand that Joe Smith has reached out to you to schedule a
- meeting, you should be aware that intelligence suggests that Joe Smith
- is blah, blah, blah.
- Q So --
- A That's -- the latter is a defensive briefing.
- Q Sure. In addition to the specifics of who might be trying to
- do something to you as the Congr'essper'son or the Cabinet member, is
- there a boilerplate that would almost go with any defensive briefing as
- to the how a hostile actor, might try to exploit your' position, exploit a
- meeting?
- A I would expect so, but I don't have personal knowledge of
- it.
- Q Would you guess if there was that part of that would be that
- email communications and communications in general and weaknesses in
- networks would be an area for exploitation?
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- A I'm not really sure. You know, that might go to a broader CI
- briefing, a broader counterintelligence briefing, a warning about
- spear' phishing, a warming about, you know, how cyber networks might
- be compromised.
- But in a defensive briefing, to the best of my knowledge, in a
- defensive briefing it is usually much more specific and pointed
- information that we have.
- So general CI brief, sure, you might talk about how different
- foreign actors use different tools or vectors to do their work. But
- if you were conducting a defensive briefing, in my view, it's more
- likely that it would be specific and sort of narrowly described to the
- specific threat or risk that you're briefing on.
- Q So you don't know if someone who received a lot of defensive
- briefings would have their sophistication of weaknesses in email and
- servers enhanced by being told such a thing in defensive briefings?
- A No, I don't know. I don't know.
- Q Finally, you'd mentioned earlier that Mr. Priestap was -- AD
- Priestap was kind of a worrier. What was his relationship with
- Mr. Strzok? I know he would be Mr. Strzok's boss at the time that he's
- the AD.
- A Yes. They were very close.
- Q Very close.
- A They -- professionally. I mean, they both had a lot of
- respect for each other'. Both have had long careers in the
- Counterintelligence Division. And so both respect each other's
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- instincts and knowledge and experience working CI targets. So they
- had a very str'ong professional relationship.
- Q So no work tensions or --
- A No, sir.
- Q -- Issues about decisions made?
- A No, no. No, sir.
- Q Okay, thank you.
- Mr. Somers. I'd like to ask you about an email chain. There's
- only one email on the chain in particular, but you can take a look at
- that document. I'm mostly interested in the email from Peter, Strzok
- to you at 7:10 p.m.
- Ms. Page. One second.
- Mr. Somers. That email says: We need all ofthein names to scrub
- and we should give them ours For the same purpose.
- My first question is, who is "their'" and "them," to your'
- knowledge?
- Ms. Jeffress. It's a long article. Do you know which partof
- the article this relates to?
- Mr. Somers. I don't know which part of the article in particular
- it relates to. I'm just looking at the email from Strzok to Ms. Page,
- and it looks like --
- Ms. Page. I don't --
- Mr. Somers. -- she understood at the time, at least, what that
- was.
- Ms. Page. I'm not sure. I'm sorry.
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- Mr. Somers. Okay. What about "scpub"?
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- [5:13 p.m.]
- Ms. Page. I don't know what we're r'efer'ring to, but that's
- usually a"let's see ifwe have any information in our holdings relating
- to these individuals." But I don't know which individuals we're
- talking about here.
- BY NR. SOMERS:
- Q Well, I took "their" and "them" -- one question on
- this -- "their" and "them" to mean another, agency and not -- I took
- it to be a list of their names. Could that - not the people In the
- article, not names of people in the article. I took it to be an agency
- or a subagency.
- A Oh, I don't -- I would have taken it to mean something in
- the article, but I don't -- I don't remember this particular email as
- I sit here today.
- Q If you look up to the second email from the top: That's what
- Bill said. I suggested we need to exchange our entire list.
- A I'm not positive, sip. I'm sorry.
- Q Okay. All night.
- Mr. Somers. I think that's all we have for this. All right. So
- I think that will conclude our' interview. And I want to thank you again
- for, appearing both on Friday and again today. And that'll close the
- interview.
- Ms. Page. Thank you.
- [Whereupon, at 5:14 p.m., the interview was concluded.]
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- Certificate of Deponent/Interviewee
- I have read the foregoing pages, which contain the correct
- transcript of the answers made by me to the questions therein recorded.
- witness Name
- Date
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