[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
                                     

		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
                                     

        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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