# Transcribed Interview of Jeffrey Clark (November 5, 2021)/4:15pm

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​[4:15 p.m.]
Chairman Thompson. So we will reconvene the deposition of Jeffrey Bossert Clark.
The committee will come to order.
I understand that the Select Committee's Chief Investigative Counsel, can update the committee on additional communications with Mr. Clark's attorney.
And I now recognize
Thank you, Mr. Chairman.
Upon the postponement or the recess of—not postponement—the recess of the deposition this morning, I immediately reached out to Harry MacDougald, who's counsel to Mr. Clark. Called him. His cell phone, voice mail was full. Sent him a text message, asking him to call me. And then sent an email, essentially letting him know we were going to reconvene at 4:00 o'clock for the purpose of you, Mr. Chairman, considering and ruling upon his objection, and received an email response from Mr. MacDougald at 3:25 p.m., indicating that he was already en route back to his office in Atlanta.
He said it will not be possible for us to return at 4:00. He could not allow Mr. Clark to appear without counsel. And then he sets forth some specific objections to the process, the rules of the House which have the chairman ruling on objections.
And I will make that email exchange part of the record as an exhibit to the deposition.
Chairman Thompson. Thank you very much.
Earlier today, Mr. Clark's attorney, Harry MacDougald, delivered to the Select Committee a letter asserting blanket privileges and objecting to Mr. Clark's further ​participation in the subpoenaed deposition.
Pursuant to House Deposition Authority Regulation 7, a witness may refuse ta answer questions only to preserve a privilege. That same authority empowers the chair to rule on any objection.
Do we want to recognize other members? If so, we could open the floor for discussion. I know Mr. Raskin, who's in a CBC meeting, had indicated he wanted to say something or potentially.
Does any other member wish to be heard on the objection?
Ms. Lofgren. I think it's quite clear that Mr. Clark has failed to adhere to the subpoena, the Rules of the House, the precedence in law, in statute, and is completely acting in a lawless way.
Chairman Thompson. Well, I thank the gentlelady. And the chair, at this point, is prepared to rule on the objection.
As I stated in a letter I sent to Mr. Clark's attorney this afternoon, Mr. Clark does not enjoy categorical claims of privilege across every elements of the Select Committee investigation as authorized by House Resolution 503.
Accordingly, I overrule the objections asserted by Mr. Clark and direct the witness to answer the questions posed by members and committee counsel, asserting relevant specific privileges on a question-by-question basis.
Since the witness has decided not to reappear pursuant to notice, my ruling will be communicated to Mr. Clark in writing. The chair will allow Mr. Clark, until Tuesday, ta cooperate with my direction to answer the Select Committee's questions in light of this ruling.
Accordingly, the deposition stands in recess subject to the call of the chair. We will close that part of the deposition. And we will now, for the benefit of the ​Select Committee, just talk about the committee's business, strategy, and what other items we might want to discuss.
Mr. Chairman, thank you.
We wanted to go off the record. We want to make sure we can go off the record now.
We will let the court reporter go and thank her very much for her patience today. So we are off the record as of now.
[Whereupon, at 4:21 p.m., the committee was recessed, subject to the call of the chair.]