[House Prints 117-2]
[From the U.S. Government Publishing Office]
BUSINESS MEETING ON A REPORT RECOMMENDING THAT THE HOUSE OF
REPRESENTATIVES CITE JEFFREY B. CLARK FOR CRIMINAL CONTEMPT OF CONGRESS
=======================================================================
MEETING
of the
SELECT COMMITTEE TO
INVESTIGATE THE JANUARY 6TH
ATTACK ON THE
UNITED STATES CAPITOL
HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
DECEMBER 1, 2021
__________
Serial No. 117-2
__________
Printed for the use of the Select Committee to Investigate the January
6th Attack on the United States Capitol
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Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
50-115 WASHINGTON : 2022
SELECT COMMITTEE TO INVESTIGATE THE JANUARY 6TH ATTACK ON THE UNITED
STATES CAPITOL
Bennie G. Thompson, Mississippi, Chairman
Liz Cheney, Wyoming, Vice Chair
Zoe Lofgren, California
Adam B. Schiff, California
Pete Aguilar, California
Stephanie N. Murphy, Florida
Jamie Raskin, Maryland
Elaine G. Luria, Virginia
Adam Kinzinger, Illinois
COMMITTEE STAFF
David B. Buckley, Staff Director
Kristin L. Amerling, Deputy Staff Director and Chief Counsel
Hope Goins, Senior Counsel to the Chairman
Joseph B. Maher, Senior Counsel to the Vice Chair
Timothy J. Heaphy, Chief Investigative Counsel
Jamie Fleet, Senior Advisor
Timothy R. Mulvey, Communications Director
Candyce Phoenix, Senior Counsel and Senior Advisor
John F. Wood, Senior Investigative Counsel and Of Counsel to the Vice
Chair
Katherine B. Abrams, Staff
Associate
Temidayo Aganga-Williams, Senior
Investigative Counsel
Alejandra Apecechea, Investigative
Counsel
Lisa A. Bianco, Director of Member
Services and Security Manager
Jerome P. Bjelopera, Investigator
Bryan Bonner, Investigative Counsel
Richard R. Bruno, Senior
Administrative Assistant
Marcus Childress, Investigative
Counsel
John Marcus Clark, Security
Director
Jacqueline N. Colvett, Digital
Director
Heather I. Connelly, Professional
Staff Member
Meghan E. Conroy, Investigator
Heather L. Crowell, Printer
Proofreader
William C. Danvers, Senior
Researcher
Soumyalatha Dayananda, Senior
Investigative Counsel
Stephen W. DeVine, Senior Counsel
Lawrence J. Eagleburger,
Professional Staff Member
Kevin S. Elliker, Investigative
Counsel
Margaret E. Emamzadeh, Staff
Associate
Sadallah A. Farah, Professional
Staff Member
Daniel A. George, Senior
Investigative Counsel
Jacob H. Glick, Investigative
Counsel
Aaron S. Greene, Clerk
Marc S. Harris, Senior
Investigative Counsel
Alice K. Hayes, Clerk
Quincy T. Henderson, Staff
Assistant
Jenna Hopkins, Professional Staff
Member
Camisha L. Johnson, Professional
Staff Member Thomas E. Joscelyn, Senior
Professional Staff Member
Rebecca L. Knooihuizen, Financial
Investigator
Casey E. Lucier, Investigative
Counsel
Damon M. Marx, Professional Staff
Member
Evan B. Mauldin, Chief Clerk
Yonatan L. Moskowitz, Senior
Counsel
Hannah G. Muldavin, Deputy
Communications Director
Jonathan D. Murray, Professional
Staff Member
Jacob A. Nelson, Professional
Staff Member
Elizabeth Obrand, Staff Associate
Raymond O'Mara, Director of
External Affairs
Elyes Ouechtati, Technology
Partner
Robin M. Peguero, Investigative
Counsel
Sandeep A. Prasanna, Investigative
Counsel
Barry Pump, Parliamentarian
Sean M. Quinn, Investigative
Counsel
Brittany M. J. Record, Senior
Counsel
Denver Riggleman, Senior Technical
Advisor
Joshua D. Roselman, Investigative
Counsel
James N. Sasso, Senior
Investigative Counsel
Grant H. Saunders, Professional
Staff Member
Samantha O. Stiles, Chief
Administrative Officer
Sean P. Tonolli, Senior
Investigative Counsel
David A. Weinberg, Senior
Professional Staff Member
Amanda S. Wick, Senior
Investigative Counsel
Darrin L. Williams, Jr., Staff
Assistant
Zachary S. Wood, Clerk
CONTRACTORS & CONSULTANTS
Rawaa Alobaidi
Melinda Arons
Steve Baker
Elizabeth Bisbee
David Canady
John Coughlin
Aaron Dietzen
Gina Ferrise
Angel Goldsborough
James Goldston
Polly Grube
L. Christine Healey
Danny Holladay
Percy Howard
Dean Jackson
Stephanie J. Jones
Hyatt Mamoun
Mary Marsh
Todd Mason
Ryan Mayers
Jeff McBride
Fred Muram
Alex Newhouse
John Norton
Orlando Pinder
Owen Pratt
Dan Pryzgoda
Brian Sasser
William Scherer
Driss Sekkat
Chris Stuart
Preston Sullivan
Brian Young
Innovative Driven
C O N T E N T S
----------
Page
Statements of Members of Congress
The Honorable Bennie G. Thompson, a Representative in Congress
From the State of Mississippi, and Chairman, Select Committee
to Investigate the January 6th Attack on the United States
Capitol........................................................ 1
The Honorable Liz Cheney, a Representative in Congress From the
State of Wyoming, and Vice Chair, Select Committee to
Investigate the January 6th Attack on the United States Capitol 22
Committee Business
Report........................................................... 23
For the Record
The Honorable Bennie G. Thompson, a Representative in Congress
From the State of Mississippi, and Chairman, Select Committee
to Investigate the January 6th Attack on the United States
Capitol:
Correspondence................................................. 4
Appendix
Full text, Report................................................ 26
BUSINESS MEETING ON A REPORT RECOMMENDING THAT THE HOUSE OF
REPRESENTATIVES CITE JEFFREY B. CLARK FOR CRIMINAL CONTEMPT OF CONGRESS
----------
Wednesday, December 1, 2021
U.S. House of Representatives,
Select Committee to Investigate the January 6th Attack on
the United States Capitol,
Washington, DC.
The Committee met, pursuant to notice, at 7 o'clock p.m.,
in room 390, Cannon House Office Building, Hon. Bennie G.
Thompson [Chairman of the Committee] presiding.
Present: Representatives Thompson, Cheney, Lofgren, Schiff,
Aguilar, Murphy, Raskin, Luria, and Kinzinger.
Chairman Thompson. A quorum being present, the Select
Committee to Investigate the January 6th Attack on the United
States Capitol will be in order.
The Select Committee is meeting this evening to consider a
report on a resolution recommending that the House of
Representatives find Jeffrey Bossert Clark in contempt of
Congress for refusal to comply with a subpoena duly issued by
the Select Committee to Investigate the January 6th Attack on
the United States Capitol.
Without objection, the Chair is authorized to declare the
Committee in recess at any time.
I will now recognize myself for an opening statement.
``I will support and defend the Constitution of the United
States.'' That is a part of the oath my colleagues and I took
at the beginning of this Congress and in years past when we
were sworn in as Representatives, and part of this oath all of
our staff members take, every person who serves this country,
in uniform, civil servants, and appointees across our
Government. It is part of the oath Jeffrey Clark swore the last
time he was an Assistant Attorney General--at the United States
Department of Justice, of all places--to support and defend the
Constitution.
A year ago right now, while Mr. Clark was bound by the
oath, an all-out attack on the Constitution was under way. The
former President was waging a campaign to overturn the results
of the election. His allies were looking for ways to get around
the Constitution and keep him in power. It appears Mr. Clark
was central to that effort.
The campaign of political pressure and maneuvering failed.
But the assault on the rule of law didn't end. It escalated. It
resulted in a violent attack on the seat of our democracy. What
the former President's inner circle couldn't achieve with lies
and unsupported lawsuits, a mob of rioters tried to do by
force.
So to do our duty as Members of this Committee, as Members
of this body, as legislators charged with finding the truth
about an attack on our democracy and sworn to support and
defend the Constitution, we put Mr. Clark on our witness list.
As someone who was in direct contact with the former President
in the days leading up to January 6th, he has information we
believe is relevant to our investigation.
When he, unlike hundreds of others, refused to cooperate
with our investigation voluntarily, we subpoenaed him on
October 13th. When he appeared for a deposition on November
5th, instead of answering our questions, his lawyer presented
the Committee with a dozen pages of excuses for defying the law
and refusing to comply with our subpoena.
We have heard the term ``contempt of Congress'' a lot in
the last few weeks. We know it is serious business that can
land a person in serious trouble, but it can sound a little
abstract.
So if you want to know what contempt of Congress really
looks like, read the transcript of Mr. Clark's deposition and
his attorney's correspondence with the Select Committee,
because what you find there is contempt for Congress and for
the American people, contempt for the rule of law, contempt for
the Constitution.
Faced with specific questions, he refused to offer any
specific claim of privilege that could shield him from
answering. Instead, he hid again and again and again behind his
attorney's 12-page letter and vague claims of privilege. Then
he said, I am quoting, ``I think that we are done,'' and he
walked out.
Mr. Clark's former superiors at the Justice Department
didn't hide. Mr. Rosen, Mr. Donoghue, they answered the Select
Committee's questions for hours about the very same topics we
would like to address with Mr. Clark. Many others have done the
same.
There is nothing extraordinary about Congress seeking the
testimony of a former executive branch official. Even the
former White House chief of staff is now cooperating with our
investigation.
As permitted by House rules, I considered Mr. Clark's
objections and rejected them. The Select Committee provided him
the opportunity to return to the deposition, and he refused to
do so.
I want to note that around 8 o'clock last evening Mr.
Clark's attorney sent a letter to the Committee, another in a
long series of long letters, stating that Mr. Clark now intends
to assert his Fifth Amendment privilege against incriminating
himself in this process. He offers no specific basis for that
assertion. He offers no facts that would allow the Committee to
consider it.
Of course, Mr. Clark had the opportunity to assert this
privilege and any other in response to questions we intended to
ask him at the November 5th deposition. He declined to do so.
He walked out.
This is, in my view, a last-ditch attempt to delay the
Select Committee's proceedings. However, a Fifth Amendment
privilege assertion is a weighty one. Even though Mr. Clark
previously had the opportunity to make these claims on the
record, the Select Committee will provide him another chance to
do so.
I have informed Mr. Clark's attorney that I am willing to
convene another deposition at which Mr. Clark can assert that
privilege on a question-by-question basis, which is what the
law requires of someone who asserts the privilege against self-
incrimination.
We have just learned that Mr. Clark has agreed to appear
again to continue his deposition. However, we will proceed
tonight with considering the contempt report, as this is just
the first step of the contempt process.
We just want the facts, and we need witnesses to cooperate
with the legal obligation and provide us with the information
about what led to the January 6th attack.
Mr. Clark still has that opportunity, and I hope he takes
advantage of it. But we will not allow anyone to run out the
clock, and we will insist that he must appear on this Saturday.
Without objection, the correspondence will all be made part
of the record.
[The information follows:]
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Chairman Thompson. As with Mr. Bannon, the Select Committee
has no desire to be placed in this situation. But Mr. Clark has
left us no other choice. He chose this path. He knew what
consequences he might face if he did so.
This Committee and this House must insist on accountability
in the face of that sort of defiance. We must honor the oath we
took to support and defend the Constitution.
We all take that oath very seriously. I am sure that most
public servants do. Because if that oath loses meaning, if it
is reduced to empty words, then democracy and the rule of law
in this country--we are in serious trouble.
I urge my colleagues to support adoption of the report
recommending that the House of Representatives cite Jeffrey
Clark for contempt of Congress and refer him for prosecution by
the Department of Justice.
I now recognize a distinguished leader on the Select
Committee, Ms. Cheney of Wyoming, for any opening comments she
would care to offer.
Vice Chair Cheney. Thank you very much, Mr. Chairman.
Jeffrey Clark was an Assistant Attorney General, a Trump
appointee at the Department of Justice. According to multiple
sources, Mr. Clark was asked by then-President Trump to take
over the role of Attorney General, in part so he could issue a
series of letters falsely suggesting that the Department of
Justice believed that the Presidential election may have been
stolen.
Of course, this happened after the Department had
repeatedly informed President Trump that his allegations of a
stolen election were not true and were not supported by the
evidence. This happened after dozens of courts had ruled
against President Trump and his election fraud claims. This
happened after the electoral college certified the results of
the election, as our Constitution requires.
We are a Nation of laws, and our Justice Department has a
solemn obligation to truth and justice. Imagine what would have
happened if all the Trump-appointed leaders at the Justice
Department had supported Clark and had corruptly issued those
false letters. Imagine what January 6th would have been then--
an even more profound constitutional crisis.
But Mr. Clark was not appointed, and his letter was not
issued, because a group of honorable public servants, each
holding high-level positions in the Department of Justice,
understood that they were bound by higher oaths to our
Constitution.
They did not yield, even to the President who appointed
them. They faced down President Trump in the Oval Office and
forcefully told him no. They would not allow the DOJ to be
turned into an arm of President Trump's campaign to overturn
the Presidential election. These leaders told him they would
resign, and virtually all other high-level Trump appointees at
the Department would resign as well.
According to multiple accounts, the President's White House
counsel also threatened to resign.
Important details regarding all of these events remain
unknown. How did this plan with Mr. Clark originate? Who else
was involved? How did it progress so far?
The American people are entitled to all of these answers,
and we need the full story in order to legislate effectively.
But so far Mr. Clark has refused to provide these answers.
As the Chairman indicated, in the last hour Mr. Clark's
attorney has told us that Mr. Clark would be willing to appear
at another deposition and that he plans to assert his Fifth
Amendment rights against self-incrimination.
If Mr. Clark believes that answering questions about his
discussions with President Trump and others in November and
December 2020 and January 2021 could incriminate him and he
therefore wishes to invoke privilege on that basis, the
Committee would certainly consider that. We will not finalize
this contempt process if Mr. Clark genuinely cures his failure
to comply with the subpoena this Saturday.
It is important to note, however, that Mr. Clark is not
excused from testifying simply because President Trump is
trying to hide behind inapplicable claims of executive
privilege. Of course, Mr. Clark is refusing to answer questions
that are not conceivably subject to any executive or other
privilege claim.
Finally, let me make a larger point as well.
President Trump continues to make the same false claims
about a stolen election with which he has misled millions of
Americans. These are the same claims he knows provoked violence
in the past. He has recently suggested that he wants to debate
Members of this Committee.
This Committee's investigation into the violent assaults on
our Capitol on January 6th is not a game. When this Committee
convenes hearings, witnesses will be called to testify under
oath. Any communications Mr. Trump has with this Committee will
be under oath. If he persists in lying then, he will be
accountable under the laws of this great Nation and subject to
criminal penalties for every false word he speaks.
Thank you, Mr. Chairman. I yield back.
Chairman Thompson. The gentlewoman yields back.
Pursuant to notice, I now call up the Report on a
Resolution Recommending That the House of Representatives Find
Jeffrey Bossert Clark In Contempt of Congress for Refusal To
Comply with a Subpoena Duly Issued by the Select Committee To
Investigate the January 6th Attack on the United States
Capitol.
The report was circulated in advance and printed copies are
available. The clerk shall designate the report.
[The clerk designated the report.]
Chairman Thompson. Without objection, the report* will be
considered as read and open to amendment at any point.
---------------------------------------------------------------------------
* For the text of the report, see Appendix.
---------------------------------------------------------------------------
Chairman Thompson. If there is no further debate, I now
recognize the gentlewoman from Wyoming, Ms. Cheney, for a
motion.
Vice Chair Cheney. Mr. Chairman, I move that the Committee
favorably report to the House the Committee's Report on a
Resolution Recommending That the House of Representatives Find
Jeffrey Bossert Clark In Contempt of Congress for Refusal To
Comply with a Subpoena Duly Issued by the Select Committee to
Investigate the January 6th Attack on the United States
Capitol.
Chairman Thompson. The question is on the motion to
favorably report to the House.
Those in favor, say ``aye''.
Those opposed, say ``no''.
In the opinion of the Chair, the ayes have it.
Vice Chair Cheney. Mr. Chairman, I request a recorded vote.
Chairman Thompson. A recorded vote is requested.
The clerk will call the roll.
[The clerk called the roll, and the result was announced as
follows:]
Select Committee Rollcall No. 2
Motion by Ms. Cheney to Favorably Report
Agreed to: 9 ayes to 0 noes
------------------------------------------------------------------------
Members Vote
------------------------------------------------------------------------
Ms. Cheney, Vice Chair.................................... Aye
Ms. Lofgren............................................... Aye
Mr. Schiff................................................ Aye
Mr. Aguilar............................................... Aye
Mrs. Murphy (FL).......................................... Aye
Mr. Raskin................................................ Aye
Mrs. Luria................................................ Aye
Mr. Kinzinger............................................. Aye
Mr. Thompson (MS), Chairman............................... Aye
------------------------------------------------------------------------
Chairman Thompson. The motion is agreed to.
The Vice Chair is recognized.
Vice Chair Cheney. Mr. Chairman, pursuant to clause 2(l) of
rule XI, I request that Members have 2 calendar days in which
to file with the clerk of the Committee supplemental or
additional views on the measure ordered reported by the
Committee tonight.
Chairman Thompson. So ordered.
Without objection, staff is authorized to make any
necessary technical or conforming changes to the report to
reflect the actions of the Committee.
There being no further business, without objection, the
Select Committee stands adjourned.
[Whereupon, at 7:19 p.m., the Select Committee was
adjourned.]
A P P E N D I X
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REPORT ON A RESOLUTION RECOMMENDING THAT THE HOUSE OF REPRESENTATIVES
FIND JEFFREY BOSSERT CLARK IN CONTEMPT OF CONGRESS FOR REFUSAL TO
COMPLY WITH A SUBPOENA DULY ISSUED BY THE SELECT COMMITTEE TO
INVESTIGATE THE JANUARY 6TH ATTACK ON THE UNITED STATES CAPITOL
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