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were cooperating, but | wasn't asking about, nor do | think it was being reported to
me the specifics about what data they had. So that was one aspect of it.

CrowdStrike eventually delivered to me and our client a report. And!
had -- | or we had told the FBI, or they may have just asked if there would be a
report. And we told them that when we received a report, we would share the
report with them. And we did. | remember the Bureau sending over a
messenger sort of the day we had the report for them to pick up.

Q__ So how did that engagement with CrowdStrike come about? Whose
decision was it to retain CrowdStrike on behalf of the DNC?

A __ So it was my recommendation, but the decision was the DNC's.

And --

Q_ Can you tell me when CrowdStrike was officially retained?

A Sure. Sol was contacted on the last Friday in April of 2016. | don't
know if it was the 29th or 30th, but it was the very end of the month. And! was
asked maybe early in the -- sometime in the afternoon to say, can | get on a call
within an hour or shortly thereafter. The DNC believes they found an intruder on
the network. I said, sure. | got on a -- | got on this call.

; And | learned at that point and for the first time, that we had -- "we," the

DNC, had evidence that there, in fact, was an intruder on its network. And on that
call, | recommended that the DNC immediately get the services of a security
professional; and | also recommended that they retain Shawn Henry and
CrowdStrike.

Q 9 Okay. Why Shawn Henry and CrowdStrike?

A __ Based on my experience, there are a number, but not a huge number

of top-quality cybersecurity response firms, and some are better, like law firms or

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to me that an Amtrak train fell on the Interstate 5 in the heart of my congressional
district, so give me a second to get my thoughts together.

Mr. Sussmann, for those of us who are of a certain age, we're still trying to
get our arms around what the heck a cyber crime is and how it is that we might be
able to relate to it. So | kind of want to bring this back to basics and help me put
this in perspective and ask your forbearance with my questions.

To begin with, is it true that unauthorized access of a computer is a Federal
crime?

MR. SUSSMANN: Yes, sir.

MR. HECK: What is that crime that is being committed?

MR. SUSSMANN: It's a violation of -- at a minimum, it's a violation of the
Computer Fraud and Abuse Act, which is section 1030 of Title 18.

MR. HECK: And why do you say "at a minimum"?

MR. SUSSMANN: There could be other associated -- crimes associated
with computer intrusions.

MR. HECK: Such as?

MR. SUSSMANN: Wire fraud, espionage. Other statutes could be
implicated, but the primary statute is the Computer Fraud and Abuse Act.

MR. HECK: What are the penalties?

MR. SUSSMANN: They include fines and imprisonment.

MR. HECK: Imprisonment up to?

MR. SUSSMANN: Up to 10, and | believe that's been amended. And for
certain crimes, repeat crimes up to 20 years.

MR. HECK: So, again, | have no prosecution or criminal defense

background. Is that a certain class of felony? Is it a felony?

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that -- a bit-by-bit image of a server or device that's taken with a particular kind of
software is not going to yield a different result than if that same bit-by-bit image
were taken by someone else in the government.

So we very often, in our investigations, will share our forensic images with
the FBI for the work that we've done -- that we're doing.

MR. SCHIFF: And, you know, for us lay people, can you explain what a
forensic image is?

MR. SUSSMANN: Sure.

MR. SCHIFF: Just how much does it reveal about the status of the server,
or the presence of outside parties on the server or the history of what's gone on?

MR. SUSSMANN: Sure. So servers these days are digital. All the
information on there is Os and 1s. And the sort of smallest piece of information is
going to be a bit. And so when | say it's sort of a bit-by-bit image, it's an exact
copy of the source material with absolutely no difference between the two.

So there's a methodology and a technology that guarantees forensically
that a copy is being made that is an identical copy of the original. And those
forensic copies are used in court and in other areas where someone needs to rely
on a copy being an exact copy in every way of an original.

MR. SCHIFF: At what point did CrowdStrike reach its conclusion about
who was on the system and why they were there and what they had done?

MR. SUSSMANN: Well, if | can take those in three parts. The who was
on the system was very soon after their engagement. It was -- if we Spoke to
them on Friday, it was Sunday, Monday, maybe Tuesday, it was just -- it was in
the very few days after our initial engagement with them. They identified the

Russian actors who were on the network, and they were Russian actors that

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A __ The only other body of information that | have, which | may have
discussed briefly, was during the campaign, | was a recipient of all sorts of kinds of
threats and allegations that | passed along to the Bureau. And | could never -- |
was not in a position to discern the real from the imagined. So --

MR. CONAWAY: So when you say "threats," threats to you?

MR. SUSSMANN: No. No, no, no. No, just suspicious activity, threats to
people, suspicions that people had about Russians or others. And | don't have an
assessment myself as to whether these things mattered or not. But other than
that general area, | can't think of an area of alleged or purported collusion that
we've not covered.

MR. CONAWAY: All right. Thank you.

Y

Q___ Just one last follow-up question here. | know you told me you didn't
know -- you knew Bruce Ohr many years ago and you don't know his wife.

Have you had any other contact with members of the Department of
Justice, and excluding the FBI because | think you've already told me you've never
met with anyone from the FBI, since the launch of the investigation, the Russia
investigation, which -- since last year?

A Sure. Yes.

Q_ Who have you spoken with?

A You know, I've spoken with various people about various client
matters.

Q_ Okay. Is it the same conversations that you had with the Agency and
the FBI --

A_ Absolutely, no. No.

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MR. SUSSMANN: That's my understanding.

MR. CONAWAY: And do you believe that the IT vendor was aware that
the FBI thought it was the Russians throughout that conversation or at some point
in that conversation, so that your client and the FBI had come to an independent
conclusion on their own?

MR. SUSSMANN: | don't know.

MR. CONAWAY: Okay. | thought what you mentioned that -- during
those late April conversations between your client, that the FBI -- or that the -- you
said the FBI had determined it was the Russians?

MR. SUSSMANN: Well, | apologize. Let me try to be more clear.

MR. CONAWAY: | was just trying to figure out, and I'm not sure why I'm
asking you this question, but which one knew first or if they were independent?

MR. SUSSMANN: Well, so the first time | learned about this was in April.
So my understanding about what happened prior to April is from a variety of
sources, a lot of it, sort of public reporting. So | don't know the specifics of who
said what and who knew what.

My understanding is that the FBI knew a lot about these actors. | don't
know what specifically they shared with the vendor during that timeframe before
April.

MR. CONAWAY: Before you got involved? Okay.

MR. SUSSMANN: Yes, sir.

MR. CONAWAY: The Podesta emails that were stolen, were those in the
possession of DNC or the Clinton campaign?

"MR. SUSSMANN: Neither. They were -- my understanding is they

were -- it was Mr. Podesta's Gmail account that he -- well, | don't really know

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A ___| don't know what the FBI could or couldn't do in these particular
circumstances.

Q Do you know if that's possible, from your experience in this field?

A _ Based on my experience, | know that in some circumstances, logs can
be very helpful in finding an intruder, and in other circumstances, the logs are not
helpful at all, depending on the methodology used by the intruder, whether an
intruder tries to hide his or her tracks and other factors.

Q__ Inthe April 2016 phone conversation with (, was that
your only conversation or communication with the FBI on this matter?

A No.

Q_ Approximately how many communications did you have with the FBI
on this matter?

A Over the course of my involvement in the entire matter, | had many,
but | can't really speculate.

Q Well, let's try to put a timeframe on it. So it began in April of 2016.
When was your last contact with the FBI in reference to this matter, or
communication?

A To the best of my recollection, it was probably October or November.
| may have -- | may have had contact with the FBI later in the fall.

Q_ And when you say October-November, you mean 2016?

A Of 2016.

Q_ Okay. So it's fair to say that in 2017, you've had no communications
with the FBI regarding this matter?

A __ thaven't, but from time to time I've been copied on emails that the FBI

has sent to the DNC. So I've seen -- I've seen emails. Mostly, | don't know, you

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meeting?

A No. | was in another client meeting, completely unrelated. And! was
meeting with someone who had a -- had some relationship with i perhaps
had worked there in the past. And | guess | relayed this information or the lack of
interest in this information, whatever it may be.

And then he said, oh, | know people who would be interested in hearing
this. | know people who sort of, you know, do this work and they're in the
business of - TS . They're in the business of collecting
things. They evaluate. They do what they want to do, but, you know -- so it was
nothing more exciting than that.

Q Okay. Back to your client. | know you can't divulge the name of your
client. | asked you whether you -- whether that client was Glenn Simpson, Peter
Fritsch, or Thomas Kattan (ph), which you confirmed that it was none of those
individuals. Was your client Fusion GPS or Bean LLC?

A Somy client was not Fusion GPS. And | have never heard of Bean
LLC.

Q_ Okay.

A Which also, | think, allows me to say it was not Bean LLC. | don't
know Bean LLC.

Q_ Fairenough. Okay. Actually, kind of a segue, because | want to talk
a little bit about Fusion GPS. Christopher Steele, are you familiar with him? |
mean, I'm sure you've read about him'in the newspaper.

A Yes, sir.

Q__ Did you ever meet with Christopher Steele in 2016?

A Yes.

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Q_ Yeah. And --

A So! apologize if I'm repeating something or | haven't said it before, but
the President was -- President Obama had ordered a review of all intelligence
regarding -- | don't remember specifically what the executive order said, but
anything involving Russian interference or activity regarding the election.

And this information seemed to fall roughly within that, and so | thought that
might be -- or my client thought that that might be something that was relevant for
those that were gathering information regarding foreign-based actors.

Q Okay. | mean, so just for the record, you were not part of the
administration. You were a private attorney at the time?

A Yes, sir.

Q_ And you'd heard about the -- this call?

A Yes, sir.

Q Okay. So why didn't you then -- if you felt that it was necessary to
convey the information you had been aware of to appropriate sources, if you will,
appropriate entities, in this case you'd thought i’ was appropriate, why didn't
you convey this information earlier to the FBI, or had you?

A thad.

Q__ So you had had a private -- you had had a separate conversation with

a representative of the FBI regarding this same information?

A Yes.

Q_ And who in the FBI did you speak with?
A _ It's general counsel.

Q_ Okay. And that would be?

A __ Jim Baker.

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A __ | wanted to share information showing possible contacts between, you
know, people unknown to me in Russia and the Trump Organization -- | know
that's a broad statement -- the Trump Organization and others in the United
States.

And where did this information come from?
It came from a client.

Q_ Can you mention who that client is?

MS. RUEMMLER: I'm going to instruct you not to answer.

MR. SUSSMANN: | cannot.

oy

Q_ Was that a client that you had represented prior to representing the
DNC?

MS. RUEMMLER: | think you can answer that question.

MR. SUSSMANN: Prior to representing the DNC on this matter?

1,

Q_ Yes.

A Yes.

Q__ Did the information that you received from this client come into your
possession or knowledge after the election, after the presidential election in
November 2016?

A No.

Q__ So the information that you had that you discussed with the general
counsel of jin December was information you knew about prior to the
election, presidential election in 2016?

A Yes.

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A __ | don't think -- I'm not going to say anything about my clients.

MS. RUEMMLER: | think you can answer the question if -- | think you can
answer that question. Do you want to confer about this just to make sure you
don't trip any wires?

And not to be difficult, it's just that we only have authorization from two
specific clients from the Clinton campaign and from the DNC, and he doesn't have
authorization from any other client.

So should we -- do you want to step outside for a second?

MR. SUSSMANN: | feel like you're worried about me, so we should.

MS. RUEMMLER: No, | just want to make sure you're clear.

MR. SUSSMANN: |! don't want to say anything | shouldn't, so --

MS. RUEMMLER: This will just be 30 seconds.

[Discussion off the record.]

WV can go ahead and go back on the record.

MR. SUSSMANN: Yes, sir. To answer your question, | have never
represented Glenn Simpson.

2

Q_ Okay. So the information that was conveyed to you was not from
Glenn Simpson?

A Yes.

Q_ Was it from Peter Fritsch (ph)?

MS. RUEMMLER: You can answer that.

MR. SUSSMANN: No, it was not.

YT

Q_ Or Thomas Kattan (ph)?

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there to discuss, and | didn't discuss where the information came from, but it was
information that | believed that they could verify -- | mean, they could verify the
information.

Whatever conclusions could be drawn from it were not -- were not mine to
make, and so I'm not commenting on that. But in terms of here's X, they would
verify the information if they wanted to.

Q Okay. So you did not, during that meeting, divulge the identity of your
client that provided the information?

A No.

Q_ And what did the representatives from i indicate to you as to
what they were going to do with the information?

A Atthat meeting, they said they would review it, and there was an FBI
liaison person at there, and they said they were going to -- they were going to
discuss it with that person as well.

Q_ Okay.

A _ But, again, | remember making clear, at several intervals, that | was
not coming with a request. | was not making a request of anything. | wasn't
asking for any reporting, that | just was sharing information that they may or may
not -- may or may not be useful to them or others. And | made -- | don't believe or
recall making any request of them at all, and it was a similar conversation to the
one | described with Mr. Baker.

Q_ Atthe time you had the meeting with the representatives of NM in
February of this year, were you still representing the Democratic National
Committee as a client?

A Well, I'm going to give you an answer now, and | don't mean to be cute

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A Well, | remember --

Q___Do you remember the specific names of the agents you spoke with?

A No. | might be able to find that, but | reached out to
which was the -- | mentioned earlier, was the WFO cyber crime guy who the
DNC -- sort of the DNC's main contact. And he would be my main contact.

Earlier this morning, | talked about threats. | was a central point for
physical threats, and all sorts of threats would come in. | would sort of feed things
through him. And | remember reaching out to him and saying There's a report,
can you connect me with someone. He said, Oh, yeah, | know the Russia guys at
WFO who've been doing this. I'll put you in touch.

| think one of the gentleman, his last name was J But | may be able
to find a record of my communications and send that, if that would be helpful.

HS Okay. Mr. Schiff, 'm -— we're almost done with our
15 minutes. I've got some more questions, so I'll just defer to you for the next 15.
The next question I'm going to ask is going to probably have a lengthy response
and follow up.

MR. SCHIFF: Why don't you continue.

| Okay. Yes, sir.
a

Q___| want to now shift to J. So you also now had a conversation
with representatives of SJ.

A Uh-huh.

Q_ Can you explain when that conversation occurred exactly? What was
the timeframe?

A Solhad a conversation with the [J current general counsel in

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intruders are on the network that the people discussing it find an all offline channel
to discuss the response.

Q_ That makes sense. In relation to how the FBI was able to conduct its
investigation, did the FBI request directly to the DNC access to all of the servers?

A __ No, they did not.

Q_ They did not. Did they --

A Excuse me, not to my knowledge.

Q_ Not to your knowledge. Fair enough.

Do you know if they had the authority to do so, that is, did the FBI have the
authority to go directly to the DNC to request access to all its servers, or did they
have to go to CrowdStrike?

A __Do you mean legal authority, or do you mean permission? When you
say --

Q_ Permission. | mean, it seems like the FBI's work and the DNC and
CrowdStrike were all trying to work together to figure out what happened.

A _ Right.

Q So my question is, did the FBI, as the Nation's law enforcement
agency, have direct access to all of DNC's servers if they wished?

A __ They would have -- they would have if they wanted it. | don't know -- I
don't know what specific requests or | can't recall all the specific requests that
were made, but | don't know of a request that the FBI made that was rejected. |
don't believe -- | don't believe -- and that's the kind of request that would have
come to me.

So | don't know -- | don't know all of the requests that were made. | just

know that at the early meeting which | mentioned, we said, you two -- you can

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MR. SUSSMANN: So itis a felony. A felony is defined as any crime for
which the term of imprisonment can be 1 year or more. So they are all felonies.

MR. HECK: Are there classes of felonies?

MR. SUSSMANN: There are. | don't know offhand of a -- of any
description of these kinds of felonies that might be helpful.

MR. HECK: So! want to ask you generally about the involvement by third
parties, which | also do not understand. So if party A gains unauthorized access
to party B's computer files, they have committed computer fraud and abuse.

If the contents of that theft -- and let me just digress here. When | explain
this to people back home, the fairly crude analogy that | use is if somebody
accesses your computer files on an unauthorized basis, that's really analogous to
them illegally entering your home, opening up your filing cabinet, taking files, and
leaving. Is that more or less a fair analogy?

MR. SUSSMANN: Itis. In the case of computers -- in the case of a
computer system, no one needs to leave with your files. So | think your analogy
is apt, but it would be apt if someone walked into your home, broke into your
home, was not supposed to be there, rummaged through -- looked and read your
files and left without them. | think that's enough to satisfy the analogy.

MR. HECK: So they don't have to exfiltrate the files --

MR. SUSSMANN: Correct.

MR. HECK: -- in order to be in violation of the computer fraud and abuse?

So back to the third party, and at what point or ever does third-party
possession of exfiltrated files constitute a crime?

MR. SUSSMANN: | think it would matter what -- | think what would matter,

sir, is the means by which a third party received the information. But if | can make

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Trump campaign, the Clinton campaign, the election? Was there any other
information that was --

A Other than chitchat, nothing that | can recall.

Q Okay. Okay. Real quick, | just want to finish up on one area here
before | go on to my next set of questions, and that is the February meeting that
you had with J. So when you had a phone call with the general counsel
in December, | think you said that there was no resolution, you just had conveyed
the information that you had at your disposal over a phone. And was there a
promise for a follow-on meeting by her, or did you kind of -- was it just kind of left
open-ended?

A A\little of both. When | -- my first conversation with her, she said, you
know, like | don't know, some version of yes, we're -- yes, we're interested. We're
doing this review and I'll speak to someone here, and someone will get back to
you to arrange a meeting. Something -- you know, something of that nature.

And then | think this was -- | think this was December. Maybe it was
getting even close to the holidays. And | think | heard back the following week
that - es and the
last | heard was that the FBI would be contacting me.

Q_ And they never did, though, right?

A No.

Q_ Okay. So when you went back to {EJ -- or when you went to

GE in February —

A Yeah.
Q_ -- how did that meeting get arranged? Did you call back and

schedule that with somebody, or did they reach out to you to schedule the

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which will be under oath.

Mr. Sussmann, could you raise your right hand to be sworn.

Do you swear or affirm the testimony you are about to give is the truth, the
whole truth, and nothing but the truth?

MR. SUSSMANN: | do.

HE, just a reminder, if you can make sure the green light is
on the microphone so the reporter can hear what you're saying.

Mr. Chairman, over to you for opening remarks.

MS. RUEMMLER: I'm sorry to interrupt, Mr. Chairman, but given that Mr.
Sussmann is an attorney and he is here in connection with his client
representation, there are a couple of things that | need to put on the record. I'll be
brief, and apologize to Mr. Schiff and Mr. Heck, who heard a similar version of this
last time.

Mr. Sussmann is committed to cooperating with the committee and
providing information pertinent to the committee's investigation, but his ability to do
so is limited by his ethical obligations to protect client confidences. Under the
D.C. Bar Rules of Professional Conduct, it has long been recognized that the
attorney-client privilege is an ancient cornerstone of our legal system. It serves
an important public interest in protecting communications between attorneys and
their clients.

D.C. Rules of Professional Conduct, Rule 1,6, makes clear that a client has
a reasonable expectation that information relating to the client will not be disclosed
by their lawyer, and that any such disclosure can only be compelled in accordance
with recognized exceptions to the attorney-client privilege and work product

doctrine.

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Steele your client?

MR. SUSSMANN: No.

MR. CONAWAY: So how do you invoke attorney-client privilege for a guy
who's not your client?

MS. RUEMMLER: So Mr. Steele was a subcontractor for Fusion GPS,
which had been retained --

MR. CONAWAY: | know what the answer is. | need you to talk into the
microphone so she can record it.

MS. RUEMMLER: Oh, I'm sorry. It's such an intimate room in here, |
forgot that we need to speak into the microphone.

Fusion GPS was retained by Perkins Coie on behalf of the DNC and Hillary
for America, the Clinton campaign, for the purpose of assisting as a consultant to
another Perkins partner, Mr. Elias, who was here last week. And that relationship
between Perkins Coie and Fusion GPS is protected by the attorney-client and
work product privileges.

MR. CONAWAY: So Mr. Steele is an employee of Fusion GPS as well?

MS. RUEMMLER: Our understanding is that he was a subcontractor of
Fusion GPS. So that was part of the consultant -- consultancy for which Perkins
Coie retained Fusion GPS on behalf of the DNC and the Clinton campaign.

MR. CONAWAY: So Mr. Elias asked you to vet Mr. Steele specifically for
his work at Fusion GPS, so that you were, in effect, working for one client
umbrella?

MR. SUSSMANN: | didn't hear.

MR. CONAWAY: It was under one client umbrella, Fusion GPS and

Christopher Steele.

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Q_ And when did you meet with him?
A __ Give or take a week or so in either direction, probably the -- well,
probably in -- probably in early August, but | don't recall specifically.
Q_ Was that the first time you had met with Mr. Steele?
Yes.
Had you ever met with Mr. Steele prior to that --
No.

-- on any other occasion?

> O F OD

No.

Q__ And how did that interaction with Mr. Steele occur in August, on or
about August of 2016?

A My partner, Marc Elias, told me that this guy was coming in and a little
bit of -- sort of -- | guess was coming to Washington. And he asked me if | would
meet with him and sort of vet him. Just meet with him and -- | have a security
clearance. I've been over to GCHQ. Like just meet with him and sort of size up
this guy and vet him. So that was the purpose of -- that was the purpose of my
meeting. | met with him, and it was --

Q_ What did you talk about?

MS. RUEMMLER: As stated, | think that question calls for information
protected by the attorney-client and or work product privileges. I'll instruct him not
to answer.

a

Q_ Was your client -- the client that gave you the information that you

shared with the FBI and (I --

MR. CONAWAY: I'ma CPA, nota lawyer. So Steele comes to you. Is

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When you went in to vet him in this meeting in August, did you have

work product that was provided by him --

A

Oo Fr ODO YF O

No.

-- that you had reviewed prior to the meeting?

No.

So you'd never met him. Had you done any research on him?

No.

This was just essentially like a cold meeting, for lack of a better word?

Yeah. | found out about the meeting in the approximately hour before

it happened.

Q

n
2
3
3
i

r Oo FD FD F OD

Q

Okay. Who else was in that meeting other than you and Mr. Steele?
If | recall correctly, two Fusion GPS guys.
And who were they?

It was the Glenn guy, the tall guy. | don't recall his last name.

Simpson?

Simpson. And | think the Peter guy.

Peter Fritsch, okay. And was Mr. Elias in the meeting, too?
No.

Did Mr. Steele provide you anything at that meeting?

Well, not as you indicate by your gesture.

Documents. Did he give you documents?

No, he did not. He provided his thoughts.

Did the conversation pertain to things that relate to what is now called

the Trump dossier?

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MR. SUSSMANN: No.

MR. SCHIFF: And to your recollection, the FBI had presented a two-page
list of what they wanted from CrowdStrike and CrowdStrike went through it, and
over time, would check off items on the list?

MR. SUSSMANN: Uh-huh. Yes, sir.

MR. SCHIFF: And in the discussions and meetings with the FBI, did they
ever tell you that CrowdStrike had been uncooperative in any way?

MR. SUSSMANN: No. To the contrary.

MR. SCHIFF: And did it -- you had offered the FBI the opportunity to come
on the premises and inspect the servers themselves, and they declined that
invitation?

MR. SUSSMANN: Yes.

MR. SCHIFF: You mentioned that it would have been more cost effective
for the campaign or the DNC had they wanted to come in and image the servers
themselves. They didn't --

MR. SUSSMANN: It could have been.

MR. SCHIFF: But they never expressed the interest in doing that?

MR. SUSSMANN: No, sir.

MR. SCHIFF: There has been a public narrative -- the reason we're asking
these questions. There's been a public narrative that the FBI asked for the
servers and were turned down. To your knowledge, did the FBI ever ask for the
servers?

MR. SUSSMANN: Congressman, the only request of that nature was for
the forensic images that CrowdStrike took, which were shared with the FBI.

MR. SCHIFF: When Director Comey testified, he was asked about this,

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other like -- some have -- some have areas of expertise that are better than other
areas.

And | had known Shawn from his time at the FBI. He was a former
assistant director of cyber, and then executive assistant director at the Bureau.
And | knew the kinds of people that they had there. | knew they did work on APT.
So it just was -- it just was -- in the way that you vet people for things, | thought
that they would be particularly good. And with my client's permission, | reached
out to Mr. Henry, and the engagement happened very soon thereafter.

Q_ | think you made a statement earlier -- and correct me if I'm
wrong -- that the FBI was allowed to have whatever information and access that
CrowdStrike would be willing to give them. Is that accurate in regards to the
hack?

A Yes, sir.

Q__ Sois it fair to say that CrowdStrike was making the calls on behalf of
the DNC on what servers and systems that the FBI could access, pursuant to their
own investigation?

A No, sir.

Q What would be an accurate representation?

A Well, CrowdStrike wasn't making the calls on what to -- on what they
were doing. We had daily calls with CrowdStrike, and they weren't out on their
own sort of off doing their own thing. So decisions about how they were
proceeding were things that were discussed with the client, with myself as well.

Q Okay. But who ultimately decided the FBI's access to the DNC
servers and information that the FBI needed to conduct their investigation?

A Well, again, | made the recommendation, but someone at the DNC,

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telephone calls, or communications with folks, say, such as the Central
Intelligence Agency?

A __ | think as regards to the -- | think all of the hacking -- | think all of the
hacking stuff was limited to the FBI and DHS.

Q_ Okay. So you never had any communications with members of the
CIA (EM discussing the -- not only the hack, but also the possible Russian
intrusion and Russian involvement in the 2016 election?

MS. RUEMMLER: Kash, just to clarify, you're talking about the 2016
timeframe here?

oY

Q_ Well, that's when that incident occurred. I'm asking if you ever have
from that time until today?

A _ So! have - | have various contacts with members of law enforcement
and the Intelligence Community on behalf of a number of different clients. So I'm
not sure how to --

Q_ Sure. I'll narrow it down for you. Fairenough. As it relates to what
you and | have been talking about here today --

A _ Right.

Q__ -- that is, the DNC hack, the Russian involvement in the 2016 election,
and any information that was derived therefrom, did you meet or discuss with any
members of the Intelligence Community outside of the FBI to provide information,
talk to them about these matters? Did they reach out to you? Did anything like
that ever happen in 2016 or 2017?

MS. RUEMMLER: Do you want to confer for a second?

MR. SUSSMANN: | just want to talk about the range of -- | have a lot of

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know they sort of checked off over time. So it was the Bureau's list of things that
they wanted, whatever they were, and CrowdStrike went about getting them
everything they could.

Q_ So CrowdStrike is hired by the DNC to conduct an internal
investigation, not to do what happened regarding the hack?

A Well, they're hired -- they're hired to perform all the services involved
in a breach response. And so there are a number of components, not just in
this -- in this, but in just all the breach work | do. And so part of it always is finding
out what happened and, when you can, who is behind whatever has happened;
how they were able to obtain access to the network; what they're doing; what's the
persistence right now in the network; what are their capabilities; and then
developing a plan for remediation that typically would involve kicking out the bad
people and rebuilding the network.

It involves some lesser things, like developing off-channel communications,
because in a computer intrusion, the intruders typically would have access to your
entire network, but including your email servers. So you don't want to be on the
network saying, Hey, we found these bad guys, here's our plan to get rid of them.

And in particular, because in the world -- in the kind of work that | do,
there's an expression that you only get one chance to raise the drawbridge. And
it means when these sophisticated computer intruders, particularly
state-sponsored ones, are in your network, if they know that you're trying to get
them out of their network, they will work more quickly to erase their logs, to burrow
into the network or deploy malware you'd never see, and it's harder to get them
out if they know that you're looking for them.

So that's why | always recommend that in dealing with response when

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and he said, "In the case of the DNC, and | believe the DCCC, but I'm sure the
DNC, we did not have access to the devices themselves. We got relevant
forensic information from a private party, a high-class entity that had done the
work, but we didn't get direct access.

"Burr: But no content?

"Comey: Correct.

"Burr: Isn't content an important part of forensics from a
counterintelligence standpoint?

"Comey: Itis. But what was briefed to me by the people who were my
folks at the time is that they had gotten the information from the private party, that
they needed to understand the intrusion by the spring of 2016."

ls Director Comey's testimony that the FBI had gotten the information from
the private party that they needed to understand the intrusion consistent with your
recollection?

MR. SUSSMANN: Itis. And | believe there is other testimony of Director
Comey. Perhaps at this hearing or another one, where he conceded, or said that
this is typically what happens, that the Bureau relies on other companies to do -- to
give him investigative materials.

And in my practice, for 7 or 8 years at the Department of Justice and now
12 years at my firm, that's the way many, many investigations are done in the
cyber context, in the context of the Foreign Corrupt Practices Act.

I've led investigations where the Department will direct us to interview these
people and do these things, and we go out and undertake investigations that save
the Department resources.

And when it comes to forensic examination, there's an added assurance in

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and DNC leadership?

MS. RUEMMLER: Can | just clarify something? Were these meetings,
were they classified meetings or were they unclassified meetings?

MR. SUSSMANN: The first -- so the first meeting was unclassified. The

second meeting was classified.

HE Thank you.
\

Q_ Soas to the first meeting, what information did you receive from the
FBI and/or the DNC leadership?

A Atthe first meeting, the FBI told us that it was a state-sponsored
attack, that the attackers were Russians. They'd been following them for a long
time. We talked about what information we had, and we discussed sharing the
information that CrowdStrike was collecting with them, developing -- you know,
developing, ensuring open lines of communication. Things of that nature.

Q_ And at the second meeting, | realize Ms. Ruemmler said it was
classified, but was there any information that was received to you -- by you from
the FBI or the DNC that was unclassified in nature that you can tell us about?

A __ {don't recall any information that was unclassified.

Q_ Okay. Over the course of these meetings, did it seem as if the FBI
was trying to obtain information about the intrusion itself, or was there a different
focus that the FBI had during these meetings?

A And when you say -- I'm sorry. When you asked me if they obtained
information, do you mean obtain information from us, or just in the broad sense of
their investigation?

Q_ Both. Thank you.

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Q__ If my colleague had asked this prior, | apologize, but I'm just going to
ask you just because | don't know if he did.

Do you know a gentleman by the name of Bruce Ohr, O-h-r?

A {do.

Q_ And how do you know him?

A __ | worked at the Department of Justice from 2000 -- excuse me, from
1993 to 2005. And during some of that time, he was the chief of the organized
crime and racketeering section. And there would be times | would be at the main
Department of Justice building, and | don't know, you sort of get to -- you know
who section chiefs are. And | think at a later point, | moved to what's now called
the Keeny (ph) Building. 1 think organized crime was in our building. And so |
saw him on the elevator. That's it.

Q__ Did you ever speak -- when is the last time you spoke with Mr. Ohr?

A | don't recall, but it would have been before | joined my law firm. So it
would be sometime prior to 2005. But when you say spoke with him, I've -- | don't
believe I've ever said anything ever in my life to him more detailed than how are
you and how's the weather.

Q_ And you've had no electronic, email communications, or telephone
conversations with him since that time, as you can best recollect?

A Not that | recall.

Q_ And so you didn't -- and you had no meetings or dealings or
interactions with him in 2016?

A __ [No verbal response.]

MS. RUEMMLER: You have to say something for the record.

MR. SUSSMANN: Sorry.

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MR. SUSSMANN: | believe so. | think -- my counsel can tell you about
sort of the umbrella of who's representing who, but you are correct, Congressman,
that --

MR. CONAWAY: But you'd be the one --

MR. SUSSMANN: Mr. Elias asked me if | would meet with Mr. Steele, who
until that moment | had never heard of before in my life, and said he's coming in
and would you vet this guy? So | interviewed him.

MR. CONAWAY: Did you meet with him since?

MR. SUSSMANN: No, or not that | recall.

oY

Q When you vetted him, you said you sat ina room. Where did you
guys meet?

A \naconference room in our office.

Q__ Law firm?

A Yeah.

Q_ You may invoke the privilege here. !'m going to ask the question.

MS. RUEMMLER: We're trying to be as judicious with the objections as
possible.

2

Q_ When you say vet, tell me what you mean by that.

A __ This guy -- well, what | mean by vet is, in a general -- in general, the
way that you or | or other people would meet with someone and assess their
experience, credibility, demeanor, and make all of those assessments regarding
honesty, integrity, experience, intelligence. | mean, not unlike in an interview.

But that's what | was doing.

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A He was in -- yes, he did identify where he was from.

Q_ Okay. And where was he from?

A Some sort of (i --

Q_ Section?

A Something, yeah.

Q_ Okay. And that was in early February thereabouts in 2017 of this
year?

A Yeah.

Q_ And was -- did you provide documents to the individuals?

A Idid.

Q__ Do you have copies of those documents?

"A I believe | may.
Q__ Have those been provided to the committee?
A __ |don't --

MS. RUEMMLER: If you know. If you know.
MR. SUSSMANN: | don't know.

1,
Could you provide those to the committee?
| can't answer.

Why not?

> O PF OD

| probably want to talk to my lawyer about just some like legal --
MS. RUEMMLER: We can follow up.

MR. SUSSMANN: -- legal issues potentially. | don't know, you know.

MEE So ho, si

MR. CONAWAY: You gave them to [J but there's some reason you

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gain access, but there was some nefarious cyber activity being directed at the
DNC and that they had been looking at it for a while as part of a larger
investigation.

Q_ Did he, that is (MM, tell you that he tried to or did relay that
information specifically to someone at the DNC?

A No.

Q___Do you know if that ever occurred, that is, did the FBI ever contact the
DNC, that you are aware of, about this possible threat to their infrastructure?

A __ |know that they had communications prior to my phone call.

Q 9 Okay. Do you know what those communications were about, or the
summary of those communications?

A __ | don't know specifically.

Q- Okay. Did you --

A __ I mean, | wasn't privy to -- | wasn't privy to them. And | guess what
would be -- might be helpful to say that before the time when | first heard from my
colleague, Mr. Wilson at my law firm, | didn't know any of this was going on.

So it's not like | had -- someone had told me 2 months before, | had been
sort of following it. It was a contact out of the blue. And so | don't really
have any -- | don't have any personal knowledge of what transpired before my
getting involved.

Q_ Thatis helpful. So is it fair to say that April of 2016 was the first time
you learned of this matter?

A Yes.

Q__ Through the phone call with the FBI agent?

A _ Both -- yes.

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[11:10 a.m]

MR. SUSSMANN: | don't recall. | recall wanting to know that information
from the FBI because it was a top priority for my client to see what had been
exfiltrated. And, you know, | have a recollection of the FBI being aware of some
limited exfiltration, but | apologize, Congressman, | can't be -- | don't recall more
specifically.

MR. SCHIFF: In late April, according to the Papadopoulos plea and factual
basis, the Trump campaign was made aware through Russian outreach to
Papadopoulos that they were in possession of hacked Clinton emails.

MR. SUSSMANN: Uh-huh.

MR. SCHIFF: Was that before you were aware of that?

MR. SUSSMANN: If | understand your question, in late April of 2016, |
was not aware that emails from the DNC had been exfiltrated or any large body of
them.

MR. SCHIFF: And that would have been true for May of 2016 as well?

MR. SUSSMANN: Yes.

MR. SCHIFF: So the first time you may have gotten an inkling that some
files may have been exfiltrated would have been the June meeting with the FBI?

MR. SUSSMANN: Well, | believe that we knew that the bad people had
accessed some opposition research. There were indicators, | think, specifically
with regard to opposition research that the intruders had accessed it, and,
perhaps, exfiltrated. But our information at the time was limited to that specific
kind of information.

MR. SCHIFF: And the opposition research you're talking about was op

research on Donald Trump?

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No, no. No, mean --

No, meaning you did disseminate?

> O D>

Yes. And | apologize. | thought | was clear.

Q_ Sowho else did you disseminate that information to, in terms of hard
copies of documents?

A Just to be clear, whether it's similar information or the exact
information, I'm not clear.

Q_ Okay.

A _ But! shared that information with The New York Times --

Q_ Okay.

A -- The Washington Post, and a writer or reporter for Slate.

Q_ And what was the timeframe of those engagements with those media

representatives? Was it in 2016 or was it this year, in 2017?

A 2016.

Q_ After the election?

A No.

Q_ Okay. So all of those were before the election?

A Yes.

Q_ Would you be willing to tell us who you met with at The New York

Times?
MS. RUEMMLER: | think you can answer that. Just be precise whether
it's meeting or by phone or --

MR. SUSSMANN: So it was Eric Lichtblau (ph) with The New York Times.

YT

Q_ And who did you -- were there others?

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MR. SUSSMANN: Journalists, FBI. Well, they're sort of mixed.
Journalists and FBI are mixed and then (I.

MR. CONAWAY: All right, thanks.

| Should | just keep going?

MR. SCHIFF: Yes.

MR. MCQUAID: Is it okay to take a break?

MR. CONAWAY: Sure.

[ Recess.]

HER, Thank you. We'll go back on the record. Again, I
HE bere.
\

Q__ The conversations you had with the journalists, the —

A Oh, excuse me. | did not recall a sort of minor conversation that | had
with Mr. Baker, which | don't think it was necessarily related to the question you
asked me, but | just wanted to tell you about a phone call that | had with him 2
days after | met with him, just because | had forgotten it.

When | met with him, | shared with him this information, and | told him that
there was also a news organization that has or had the information. And he
called me 2 days later on my mobile phone and asked me for the name of the
journalist or publication, because the Bureau was going to ask the public -- was
going to ask the journalist or the publication to hold their story and not publish it,
and said that like it was urgent and the request came from the top of the Bureau.
So anyway, it was, you know, a 5-minute, if that, phone conversation just for that
purpose.

Q_ That's good to know. Was that information the same information that

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you talked to Mr. Baker about?

A Yes.

Q Okay. So the FBI then -- so, at some point, the FBI was very
concerned about that actually appearing in the New York Times. Is that correct?

A Yes, yes. My understanding is they --

Q__ Did he explain why they were so concerned?

A No. He just didn't want -- just didn't want it to be revealed publicly.

Q Okay. But then again -- but you never had any follow-on meetings
with any other --

A No.

Q_ -- representatives of the FBI?

A No. That was my last conversation with Mr. Baker about that topic.

Q_ And that call that you had regarding the impending news article was --

A __ Itwas 2 days -- it was 2 days later. And my understanding of -- from
Mr. Baker of the timing was that | met with him in the course of an otherwise busy
day, and he didn't have a chance -- that someone had just looked at -- just gotten
to wherever | got to, and sort of got back to him, and said it was an urgent call.

Q Okay. The conversations you had with the journalists, the

conversations you had with {J the general counsel, who | believe was

H.'s that correct?

A Uh-huh.

Q_ And then the representatives of NJ a few months later, and
then including the September meeting with Mr. Baker, did you discuss anything
else outside of the documents that you were sharing? Were there any other - is

there any other information that you discussed with them relative to Russia, the

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So my follow-up question was, why did you go to | with this
information?

A Oh,I'msorry. And! apologize. | remember what | was going to say.
It was -- it was, in large part, in response to President Obama's post-election IC
review of potential Russian involvement in the election. And in that regard, | had
made outreach prior to the change in administration in 2016. And for reasons
known and unknown to me, it took a long time to -- or it took -- you know, it took a
while to have a meeting, and so it ended up being after the change in
administration. But --

Q When did you first reach out to {J in this regard?
A __ Probably early December, or sometime in December.
Q 20167
A 2016.

HR, «(ur time is up. We'll pick up there when we get off.
Mr. Ranking Member.

MR. SUSSMANN: Okay, thank you.

Congressman Schiff, | apologize that for the length of the questioning, | was
showing you my ear and my shoulder --

MR. SCHIFF: No worries.

MR. SUSSMANN: -- and wasn't paying attention to you. Thank you, Mr.
Conaway.

MR. MCQUAID: It's his better side, so you're well positioned.

MR. SCHIFF: Mr. Sussmann, | want to go back over the timeline a bit.
So you're first brought into this by a partner at the very end of April of 2016.

MR. SUSSMANN: Yes, sir.

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room in August of '16, you did or did not know that Mr. Steele was a subcontractor,
if you will, of Fusion GPS and that Fusion was a client of your law firm?

A __ So, yes and no, or no and yes. | don't think -- | don't think at that time
| knew that Mr. Steele was engaged by anyone. Again, | was -- it was a vetting
meeting. So | don't think | knew that anyone was engaged with him. | thought
maybe people were considering engaging him. But! was vetting him. | believe |
knew at the time that Fusion GPS was retained by our firm.

Q_ Okay. You know, when you say vetting, I'm going to use the term that
I'm familiar with in vetting is you're trying to understand -- let's say you're vetting
an individual. | want to know is this person authentic, is he or she someone | can
trust, believe. Is this person who they say they are. Will they do what they claim
they cando. Do | believe, do | have trust, is my impression of them
commensurate with what | understand the facts to be. That's what! understand
vetting to be.

A You and | are thinking along the same lines.

Q__ Soif you are vetting somebody, you're generally doing it because you
think there's going to be a subsequent action by the individual whom you're
vetting. You're either going to hire that individual or you're going to ask that
individual to do something for you. That individual is presumably going to take
some subsequent action, whatever that action may be.

Was that your understanding of what you were doing when you were vetting
this individual named Mr. Steele, that he was going to take some subsequent
action?

A __ No, | don't know that he was -- I'm going to answer your question and

I'll give you some context that may be helpful. | don't know that he -- | didn't know

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A Sure. | came to Perkins Coie after 12 years at the U.S. Department
of Justice, and the last 7 of which | was a prosecutor in the Computer Crime and
Intellectual Property Section.

So my practice varies from year to year, but it's a
privacy/cybersecurity/national security practice. A large bulk of my work is
responding to data breaches and working with companies who believe they have
not yet experienced a breach, to help them with various cybersecurity matters. |
work on the regulatory issues and investigations that follow data breaches, provide
general cybersecurity counseling.

And we -- | believe our firm has the biggest practice for compliance with
third-party providers, who receive all sorts of legal process. So a big part of our
practice are supporting those clients and -- with their subpoenas and court orders
and the like.

Q_ And can you give me a brief summary of your duties when you were
over at CCIP AT DOJ?

A Sure. The Computer Crime/Intellectual Property Section is divided
into computer crime and intellectual property. And so, | was on the computer
crime side. | prosecuted some computer hacking cases. | chaired the U.S.
delegation to the G-8 subgroup on high-tech crime. | did various work with the
European Commission and other international bodies. And | supported the
Criminal Division leadership and the Department leadership on various computer
crime/cybersecurity initiatives.

Q_ Thank you. A few subject areas I'd like to touch upon today with you,
Mr. Sussmann, beginning with, you stated that you -- the focus -- and correct me if

I'm wrong -- is on data breaches with private companies over at Perkins Coie.

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Furthermore, under Rule 1.6, when a lawyer is called as a witness to give
testimony concerning a client, a lawyer must invoke the privilege when it is
applicable, absent waiver by the client. We have conferred with Mr. Sussmann's
clients, and they have not waived the privilege with respect to Mr. Sussmann's
testimony today. As a result and consistent with these ethical obligations, Mr.
Sussmann is obligated not to answer any questions from the committee that
intrude upon client confidences and the sacrosanct relationship between the
attorney and client.

MR: CONAWAY: Thank you. And, Mr. Sussmann, thank you for being
here. We hope that we can craft some questions that you can answer, because
we think you've got some information that's important to our investigation.

Adam, comments?

MR. SCHIFF: Welcome. We appreciate your testimony today.

MR. SUSSMANN: Thank you. Thank you for having me.

: MR. CONAWAY: Allright. We'll start the clock. We'll go first on our side.
I've asked Kash to do the questioning.
EXAMINATION
oY

Q_ Allright. Mr. Sussmann, thanks again for coming in. Could you
briefly tell us where you are currently employed?

A _ I'ma partner at Perkins Coie in our privacy and security practice.

Q___ How long have you been employed at Perkins Coie?

A Twelve and a half years.

Q_ And in your current role in the private security practice, give me a

brief -- can you give me a brief summary of what that entails?

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A __ They were -- they were interested in a wide variety of information, and
they were interested in both information to support their criminal investigation and
information to support intelligence-gathering, and they told me so specifically.

Q_ And how were they going about acquiring that information from the
DNC, that you are aware of?

A Well, when we met with the FBI in June, mid June of 2016, where we
met with Assistant Director Traynor, we told the Bureau that they could have any
information that CrowdStrike was developing or had, and, in fact, that they could
deal directly with CrowdStrike and didn't need to go through me. | mean, they
didn't need approval or didn't need any decision-making on it. They should share
whatever information they were developing at the time. So | know that sharing
was going on.

Q___ Do you know approximately when that began or when that
authorization was issued that the FB! could just go to CrowdStrike or the DNC?

A Well, it was the date of -- it was the date of the meeting. And | believe
that that was in mid June. And | could try and determine the specific date and get
that to you if that would be helpful. But! don't recall a specific date.

Q__ Ifyou could, it would be very helpful to do that. That would be great.
Thank you.

A Sowe--so that began then. And at the DNC, we had daily,
sometimes twice daily phone calls 7 days a week just on breach response, a fairly
normal practice when you have some sort of urgent breach going on. And so
there were various times on those calls when the CrowdStrike representative
would mention that he had spoken with the FBI, met with the FBI.

They were sharing this or sharing that. So | was aware in general that they

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had made a request for some data. And he asked if | would speak with the
vendor and speak with the Bureau, and then provide advice to the client as to how
they should proceed.

Q_ And you said this was a colleague. Can you tell me who at Perkins
Coie requested this or relayed this information?

A Sure. It was my partner, Graham Wilson.

Q __ Did you, at that point, have a discussion with the Federal Bureau of
Investigation?

A __ At that point or soon thereafter, yes, | did.

Q_ And what was that discussion about?

A__ |--I don't have a specific recollection of the call, but I -- | mean, |
remember speaking with the case agent and asking, you know, what the request
was and what the background was.

Q__ How did that call come about? Did the agent call you? Did you
receive his information? Do you remember the agent's name?

A __ Soin reverse order, | do remember the agent's name. | don't
remember if -- | don't recall, but my practice or the practice would have been that
someone would have likely connected us by email, and we would have found a
time to connect by phone.

Q_ What was the agent's name?

Js

Q Thank you. What was that conversation about?

A He told me that for some time, the Bureau had threat indicators
indicating that the -- the DNC was -- | don't recall -- | don't recall his specific words,

whether he said they were being attacked or exploited or someone was trying to

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MS. RUEMMLER: She can't record a shake of --
MR. SUSSMANN: Absolutely not, no.
2

Q_ And do you know his wife, Nellie Ohr?

A __ \didn't even know he was married.

Q_ Okay. Do you know or have you ever met Special Agent Pete Strzok
of the FBI?

A __ Not to my knowledge.

Q_ And have you ever met or know FBI OGC lawyer Lisa Page?

A __ Yes, to the extent that | was in a meeting with her once a couple of
years ago.

Q_ Okay. Not in 2016?

A No. In probably 2014 or '15.

Q_ And you had no email or telephone conversations with her?

A No. [had a matter involving another client. It had nothing to do with
anything you could imagine. And | just recall that she was there, because when |
saw the news stories | was like, oh, | remember, you know, | was in a meeting with
that person once.

| Yes, sir.

MR. CONAWAY: So getting to the actual questions we were supposed to
answer, other than the information you shared with the FBI, the journalists, and
| § can you share with us any information you have about collusion, conspiracy,
coordination between the Russians and either of the campaigns, the Trump
campaign or the -- and | say that writ large, or the Clinton campaign writ large,

that's not just general public knowledge?

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Okay. Mr. Elias was going to work with him?

Presumably.

And did he tell you what the purpose of that work would be?
No, not specifically.

And how long did the meeting last with --

Roughly 2 hours.

on >F DP FO F OD

All right. And then | think you already said this. You had no further
contact with Steele or Mr. Simpson, Mr. Kattan (ph) or Mr. Fritsch since that
August meeting?

A No. So if! can break that apart.

Q_ Okay.

A With Mr. Steele, | don't recall ever seeing, meeting, having anything to
do with him again. With the two Fusion GPS guys, | probably met with them a
total of three times. So --

Q__ Between August and --

A __ In the August timeframe, or in a short period of time.

Q Okay. Did you meet with them in September, to the best of your
recollection?

A Myrecollection, which is not precise, is that | did not meet with them
after August -- after August of 2016. So | think that's the timeframe.

Q __ Did you have any further other communications with them, including
telephonic or email, electronic communications with Mr. Simpson, Mr. Fritsch, or
Mr. Kattan (ph) from August 2016 to the present?

A __ So, again, | don't know Mr. Kattan (ph).

Q_ Yes okay.

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0 the document.

MS. RUEMMLER: -- in the document that was published in BuzzFeed. Is

that fair?
Hes. Thank you.
MR. SUSSMANN: And can | answer that?
MS. RUEMMLER: Yes.
A Yes.
oY
Q_ And how did you know that information?

MS. RUEMMLER: That calls for potentially privileged information, so I'm

going to instruct him not to answer.
Q__ I'll finish up with Steele and move on to my last line of questions that
|] has put forward here, and that is -- | think you've answered this, but I'm

just going to ask it. Did you play any role in retaining the services of Fusion GPS

on behalf of the DNC?

A None whatsoever.

Q__ So that was not in your portfolio?

A Nope.

Q__ | believe our investigation has yielded information that there was a
meeting at your law firm, at Perkins Coie sometime in late September or early

October 2016. Are you aware of such a meeting in which Mr. Steele and Fusion

were a party to?
A Am aware that there was a meeting?

Q_ Yes. So we have information that indicates that there was a meeting

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work directly with CrowdStrike. You don't need to come through us. Anything
they have you can get. Do you want to come on premises for any reason? No,
we don't need to come on premises. Here's a list we have of 18, 19 different
items and things that we want. Great. CrowdStrike took that directly. We said,
great, hope you'll get all these things.

Q_ Right. | understand that the FBI had access to everything
CrowdStrike had access to. | understand that relationship. But my question is,
did the FBI, to your knowledge, have access to all of the DNC servers, and did
they ever request that access?

A __ So they could have had access to all of them. | don't know if they
requested access. | don't know what all the requests were. As | said, | wasn't
involved in the day-to-day can we see this and can we see that. So -

Q_ Right. When you said they could have had access, is that you saying
it today? I'm trying to go back in time at the time that you are meeting and talking
with the FBI. Are you aware whether or not the FBI had access to the entire DNC
server network?

A Sure. They did, because, as | said -- and | apologize, maybe | should
be more clear -- when | asked them if they wanted to come on premises, it was for
the -- there may be other reasons, but it was for the purpose of imaging anything
they wanted to image.

Q_ Okay.

A __ So they were free to come on premises. And, frankly, that could have
been a cost savings if the Bureau wanted to come on premises and do some
imaging, and they would share their images with us. There's a way that, you

know, that could have saved money for the client. But it wasn't something that

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EXECUTIVE SESSION

PERMANENT SELECT COMMITTEE ON INTELLIGENCE,
U.S. HOUSE OF REPRESENTATIVES,

WASHINGTON, D.C.

INTERVIEW OF: MICHAEL SUSSMANN

Monday, December 18, 2017
Washington, D.C.

The interview in the above matter was held in Room HVC-304, the Capitol,
commencing at 10:06 a.m.

Present: Representatives Conaway, Schiff, and Heck.

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at your law firm sometime in late September or early October with Mr. Steele
and/or Fusion GPS.

A __ I'm not aware of the meeting.

Q_ So you know nothing about it? Did you ever attend a subsequent
meeting with Mr. Steele or Fusion in October or September?

A | don't recall having met with him again.

Q_ Okay. Allright. So no recollection whatsoever?

A No. And I've discussed this with my counsel as well. | don't -- | don't
believe -- | believe that my one meeting with him was the only meeting with him.

Q_ Okay. If you went back and looked at your calendar and refreshed
your recollection, would you share that information with us separately? Is that
possible to get that information? Could counsel provide that to us?

A Well, what | would share with you is, if | met with him again, I'd be
happy to tell you that | did.

Qs Yes.

A__ And just for some background that might be helpful to you.

Q_ Sure.

A When we began the interview this morning, | sort of discussed my
background. I've been at the firm for 12 years, and | do privacy and cybersecurity
work. | was at the Department of Justice for 12 years before. | was a computer
crime prosecutor for most of that time.

So I'm on the sixth floor at our fim. There are all sorts of -- law firms, there
are all sorts of -- environmental group, people everywhere. On the fourth floor are
the political law people.

And because of the computer -- the intrusion, which was the main thing that

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where they really like conspiracy theories. And this -- a very intriguing one with
the tragic death of a young staffer, and the idea that he downloaded all this
material to a thumb drive, flash drive, walked out of the building with it. That's not
a hack per se from an external. That would be an inside job.

Do you believe that the DNC had adequate tracking devices to know that
that did not happen in terms of logging and knowing their own systems?

MR. SUSSMANN: | don't know if the DNC -- | think the question you're
asking me is, did the DNC have sufficient logging to know if an individual user
copied files onto a thumb drive?

MR. CONAWAY: Yes.

MR. SUSSMANN: | don't know the answer to that question.

MR. CONAWAY: Okay. Alli right. ||

as
Q Mr. Sussmann. My name is RS. |" the

for the majority, and I'll be filling in here for [MJ who had to leave.
| want to just follow up on some areas that he was questioning you on.
Ard I'd like to go back, before we -- before the ranking member began his

questions, and that was a line of questioning that [J was asking regarding, |

think, your actions with is.

A Yes, sir.

Q In late 2016, if I'm not mistaken. Is that correct?

A __ |-- more broadly, late 2016 and early 2017.

Q Okay. Can you -- so let's start with J. You said you met with

somebody or some representatives [III

A Not exactly, but | can just explain to you what -- the nature of the

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determining whether or not they wanted any of the content of communications.
And they did not.

Q Okay. So just taking that in two parts. Log files, for someone who
doesn't really know computers, can you tell me in general what a log file is?

A Sure. Many activities with regard to computer networks are logged,
meaning they're recorded. And so, logs are just another way of saying records.
And computer networks have routine records that are collected on all various kinds
of access to the network.

So an example might be logging all web traffic. A network might log all of
the individual users and record what websites they go to. If a network
has -- allows remote access, allows employees to go home and use their personal
laptop or personal device to access the network, a very common practice would be
to keep a record of all of those logs. So, on a weekly or monthly basis, an
administrator could look and say -- and see who logged in or tried to log into the
network from what particular -- from what particular destination. And depending
on how networks are configured, some networks collect a greater volume of more
detailed logs. Some networks collect fewer or could even collect none.

Q_ And -- I'm sorry, go ahead.

A Is that --

Q__ That's very helpful. So it sounds like that would be a reasonable
request from the vantage point of the FBI, if they're informing you about a possible
breach into a DNC server.

A Yes, sir.

Q_ And why is that a reasonable request? What value would that be to

the FBI?

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Q_ And through your client?

A __ Through the contact from my partner and the shortly thereafter
ensuing conversation | had with our client and the FBI.

Q__ So after the conversation over the phone that you had with i
HEE what was your reaction to the information he relayed to you?

A Myreaction was | didn't know -- | didn't know whether there was or
was not an intrusion or what the particular activity was, but | thought that our client
should provide the data that was being requested.

Q_ Okay. So did the FBI, at that point, believe that there was an
intrusion into the DNC servers?

A __ | don't recall knowing at that point on that conversation what the FBI
knew had or had not happened. _| knew they were interested in looking at threats.
| don't know -- | don't recall. | also don't know if, at that point, they thought
someone was inside the network or they were just looking at attacks, but they
wanted log files.

Q_ Okay. Did they give you a list of information that they wanted, or did
they relay that directly to the DNC, "they" being the FBI?

A __ | believe both and in different form.

Q_ Suchas?

A __ They didn't provide to me specific requests. They didn't -- | don't
recall them giving me a list of log files, but | do recall them describing what it was
they wanted.

Q_ Okay. What was that?

A Well, as | said, it was log files, log files of various kinds of access to

the network. And what was important to me in the conversation, | remember, was

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A __ | don't know who that person is.

Q_ Okay. The information, and you mentioned it just before we broke,
you said it was communications between persons -- can you just describe it again,
what the information was that you conveyed to the two principals? It was
communications between U.S. persons and unknown folks in Russia?

A __ Itwas information that could demonstrate contacts or communications
between unknown persons in Russia and unknown persons associated, or
potentially associated with the Trump Organization.

Q__| want to go back to (J. So you had -- after you had the phone

call with the general counsel, you then had a meeting in early February?

And another —

Okay. Where was the meeting located?

Yes.
Q_ And who was in the meeting?
A Arepresentative from the Office of General Counsel.
Q_ And who was that individual?
A __ | don't know.
Q_ Okay.
A
Q
A

Q_ Okay. Was it in the Office of General Counsel or just -- do you
remember where you had the meeting?

A | don't think it was in OGC, but, you know, | followed someone upstairs
and we walk around, walk around, walk around, go in a conference room, so --

Q__ So the -- and the other person who was not a lawyer was -- did they

identify where they work?

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that data without any participation in the crime itself falls under any criminal
provision in a Computer Fraud and Abuse Act.

MR. HECK: Even if she knew that Joe had illegally obtained them?

MR. SUSSMANN: If she knew about it after the fact, correct.

MR. HECK: You're an expert in cyber crime, and, therefore, | don't
necessarily expect you to be able to answer this question, but is it not also a
Federal crime for a foreign government to interfere in an American election,
depending on how we define "interfere"?

MR. SUSSMANN: With -- on that topic, sir, with respect, I'm a lay
observer.

MR. HECK: That puts you seven notches above where | am. All right.

Ranking Member.

Thank you.

MR. SCHIFF: Thank you, Mr. Sussmann. Just a couple more questions.
And, again, this may be a bit outside of your area of expertise, my colleague was
asking about foreign government intervention in election. Are foreign
governments, to your knowledge, as someone who deals with the DNC and the
Democratic Party, are foreign governments permitted to participate in U.S.
elections by providing financial support or assistance to any of the candidates?

MR. SUSSMANN: No, sir, not to my knowledge.

MR. SCHIFF: And if they provided assistance to a campaign in the form of
stolen materials that constitute opposition research, is that a potential violation of
U.S. election law?

MR. SUSSMANN: | believe that would be, sir.

MR. SCHIFF: And if U.S. persons were to conspire with them to do that,

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A Mr. Simpson, no. Mr. Fritsch, | don't recall.

Q_ Okay. The Trump dossier, I'll use that term because | think that's

A Sure.

Q_ --in the media and in the parlance. Have you ever seen the Trump
dossier, if you will?

A __ So what I've seen is | read part of the document that BuzzFeed
posted, which | think is what you referred to about it.

Q_ That's right.

A Solread, | remember reading part of it when BuzzFeed posted it.

Q__ Had you ever seen that document that you read on BuzzFeed or any
portion thereof or anything that was --

A No.

Q_ --prior to that?

A No.

Q__ So that was the first time you had seen what was then called the
Trump dossier?

A Correct.

Q_ Were you aware that such a document had existed prior to the

election?
| don't think so.
Q___No recollection whatsoever?
A No. I mean, if by the Trump dossier, this --
Q_ Let me rephrase it. Maybe make -- I'll try and be more precise.
A Yeah.

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about what was going on?

MR. SUSSMANN: | So, as | mentioned earlier, in our first meeting with the
FBI in June -- | realize that's a little bit beyond April -- they told us that it was
Russian state-sponsored intruders, activity they'd been following for a while, not
necessarily specific to the DNC or otherwise, but they'd been -- counterintelligence
people had been following them for a while, that they were sophisticated.

And their belief at the time, and | confess mine as well, was that this was a
foreign intelligence service collecting intelligence on an important global election in
the same way that other countries, perhaps even our own country, does to inform
their political leadership. So that's what the -- their assumption was, my
assumption was as well, of the purpose of the intrusion.

MR. SCHIFF: Did they tell you in that June meeting whether they knew

whether the Russians had exfiltrated data or were merely present on the system?

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contact.

Q Sure. Okay.

A __ So as you may be able to imagine, late in the summer of 2016, there
was a lot of concern and paranoia, and know where the line is, among all sorts of
Democratic Parties about Russian hacking and Russian docs'ing (ph), meaning
the release of information and, the extent of Russian penetration.

And so there came a point in time when the DNC put a - hired an outside
vendor to do a sweep of its facility to look for listening devices. And they hired
this outside vendor, and they had -- they didn't find -- well, they had findings, but
they did not find any sort of listening device.

And then some time in the fall, the DNC reengaged this vendor, and the
vendor came in and did their whatever they do. And | was contacted by the DNC
after they received the second report, and this second report indicated that there
were some unusual RF signals emanating from, or near chairwoman or interim
chair Donna Brazile's office.

And the company couldn't determine the exact source of it. And there was
a comment that said, this is not unlike the way transmitters can be embedded, you
know, into walls, so they transmit out. And they didn't -- but notwithstanding that,
they did not believe that this was the result of any kind of foreign surveillance.

And, so, | looked at the report, and what troubled me about the conclusion
was that they didn't go figure out what itis. Like, they had the equipment. Go -- I
mean, | appreciate that they didn't think it was something, but they seemed like
they had the ability, they had the equipment to find out what it is.

And so, | recommended to the DNC that they bring the vendor in and try

and just bring in their equipment and figure out, like, go find the thing. And then |

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MR. SCHIFF: And at that point, you're initially told that there may have
been an intrusion in the DNC computers. Is that the gist of what you're told when
you're asked by your partner to join a call?

MR. SUSSMANN: There are two incidents. In maybe the third week of
April, | was told that the FBI was requesting some logs, and to get involved and
see what that was about. And then the very last Friday in April was when | was
told that the DNC itself had discovered an intruder in the network, and to get on
that late afternoon call on a Friday and start dealing with it. So --

MR. SCHIFF: Now, and your counsel will tell you whether | can ask you
these questions or not. What did you come to learn about what the DNC was
aware of prior to your being brought on? In other words, there had been public
reports that one intrusion began in 2015, and another intrusion began in 2016.
What, if anything, did you learn about the prior history of what the DNC was aware
of?

MS. RUEMMLER: And | think there, just to be careful, if you learned it
from the DNC, then | would instruct you that that's not an area that you could go
into. But if you learned it through other means, like through communications with
the FBI, for example, or elsewhere, then | think you can answer the question.

MR. SUSSMANN: Well, | learned through various means, but including
means that didn't involve my client, that there had been some back-and-forth with
the FBI and the DNC for some period of time, some number of months.

MR. SCHIFF: And when you were brought in at the end of April and
engaged CrowdStrike, what did you then learn from the FBI about what the FBI
knew, in terms of who was intruding in the system and what their purpose was?

So in the first interactions you had with the FBI, what do they inform you they knew

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misleading. So | didn't provide the same information to anyone else, but | did
discuss -- | did discuss the subject matter of what —

Q_ What you were aware of?

MS. RUEMMLER: To members of the media, just to be clear --

MR. SUSSMANN: Yes. Okay.

MS. RUEMMLER: -- because that was the question that was asked.

oY

Q__ But you never gave those documents to any members or journalists
that you knew were media individuals?

A No. | provided -- | provided documents, and | can't -- | can't say that
they were the same documents or not.

Q__ Did you ever --

A __ They weren't dissimilar in any meaningful way.

Q__ Did you give those documents to anybody that you knew would
further -- would -- that you had reason to believe would disseminate that
information to the media?

A No.

Q__Inother words, did you give the information to a third party with the
understanding that that person may provide that information?

A No.

Q__ So the information you had you only gave to the FBI, SJ. You

never disseminated those materials to anybody. No other third party other than

the FBI and i?
A No.
Q_ Okay.

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Has that work led you to engage with any political parties?

A Yes.

Q_ Can you tell me which political parties?

A Broadly, the Democratic Party. And through my work, a variety of our
Democratic political clients.

Q_ Okay. When you say broadly, the Democratic party, are you referring
to the DNC, the Democratic National Committee, or something else?

A __ I'm-- the DNC is one of the clients that I'm referring to.

Q_ Okay. Sois it fair to say that you represent the DNC on certain
matters that are within your professional purview?

A __ thave at particular times. | have when the need has arisen.

Q Okay. How did you -- how did that relationship begin with the DNC
and your representation of them?

A Most recently, it began in April of 2016, when | was contacted about
particular threats that were being considered at the DNC. And although | don't
recall specifically, it would have been my practice to similarly respond to questions
like that in the past for the DNC.

| don't have a specific recollection of other calls | might have gotten from the
DNC, but it's quite possible that there were, over the last decade, other similar
calls that might come to me.

Q Let's focus on the April 2016. What brought the DNC to you or what
were they contacting you about?

A One of my colleagues at my firm contacted me and said that he -- said
that the -- that an IT vendor for the DNC had been in touch with the FBI for some

period of time about potential threats to the DNC, cyber threats, and that the FBI

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probably Ms. Dacey (ph), who was with me at the time, agreed that they could

have anything -- that, you know, they could have access to anything they needed.
Q_ Well, do you know if that probably occurred or that actually occurred?
A __ | know it actually occurred because | was there. | mean, | was -- |

was at the meeting with the FBI. Ms. Dacey (ph) was with me. Mr. Henry was

there.
Q__ I'm sorry, when you say Ms. Stacy?
A Amy Dacey | mentioned before --
Q_Dacey, thank you.
A --was the CEO at the DNC.
Q_ Okay. Continue. Sorry.

A Yes. So we said to the FBI they could have -- there's -- they could
have access to anything they wanted to. And | recall offering, or asking or
offering to the FBI to come on premises, and they were not interested in coming
on premises at the time. But we -- we said we'd make anything available to them.

Q__ So do you know who you made this offer to at the FBI that they could
have access to anything they wanted at the DNC?

A __ |didn't go so far as to say they could have access to anything they
wanted at the DNC, but it was at that meeting in June when | asked if they had any
reason to come on premises, which we wouldn't have minded. And they were not
interested in coming on premises.

So we told them they could have access to everything that CrowdStrike was
developing in the course of its investigation. And | be -- and | recall them -- |
recall them bringing to the meeting a written list, maybe in the form of a letter,

maybe a two-page list of things that they wanted, which CrowdStrike took, and |

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Q_ Were you aware of any document that Mr. Steele had created or was
creating prior to the election that contained information that is now in the Trump
dossier that was published in BuzzFeed in January of this year? Did you have
any understanding of that information or were you aware that it existed?

A My answer is no, but, as | mentioned, | haven't read all of the dossier.
But no, | had not seen anything written by Mr. Steele prior to having seen the thing
on BuzzFeed.

Q_ So any of the allegations that are contained in that document that is
now public based on the BuzzFeed disclosure, you were not aware of any of those
allegations in the summer of '16, the fall of '16, or any time in 2016?

A __ So that's a different question.

MR. MCQUAID: You're asking about a thing he just said he didn't see, he
didn't see, so --

oY

Q_ So you didn't see the document, but were you aware that Mr. Steele
had investigated things that -- that essentially brought forth those allegations that
he then put into a document? | mean, you obviously vetted him. So at that time,
were you aware that he was investigating these things?

A __ So it may have been the case -- | think he's asking about whether -- or
he could be asking me about things that | discussed in that one meeting.

MS. RUEMMLER: Right. And that's why I'm just going to admonish you
not to talk about any of the content. But think that the question, as | understood
it, is at the time that you went into the meeting to vet Mr. Steele, were you aware
that he was investigating some of the matters that ended up being published in the

document --

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counsel of the FBI.

A No. Excuse me. I'msorry. You could finish.

Q You had a phone call with the general counsel of J in
December?

A Yes, sir.

Q_ And you met with, in person, the general counsel of the FBI in
September?

. A Yes. And | apologize for interrupting.

Q_ Yes. Is that correct?

A Yes.

Q_ Okay. Did you have any other meetings with any other administration
officials regarding the information you conveyed to the FBI GC and i GC?
Was there anyone else you contacted that worked for the Federal Government?

A __ Not that | recall.

Q_ Okay. So those are the only two? Now, | want to ask you, what was
the information about?

A __ The information was about communications, or potential
communications between persons unknown in Russia, and persons unknown
associated with the Trump Organization.

Q__ Information that was given to you by a client?

A Yes.

Q __ So that information was not given to you by any other source but the
client you represented?

A Absolutely.

Q_ Was that client Glenn Simpson?

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at the time that he was going to take any subsequent action, because he was a
very knowledgeable guy from spending a decade at being in British intelligence.
So he may have just been relaying things that he already knew. | don't know.

My belief was that he was going to be engaged for something. But just to
put this in context, and | don't mean to appear sort of callous or disinterested, but |
was consumed by the Russian hacking and the hacking of the DCCC and the
hacking of all these other places.

And this thing was an annoyance to me. And not because of the nature of
what was going on, but the Russian, the hacking, and the docs'ing, the release of
documents in the aftermath was -- was all-consuming.

And I'd just like to make one comment off the record, if that's okay.

{Discussion off the record.]

MR. SUSSMANN: So | was working near round the clock. So the can
you come down or can you come and talk to someone who is coming in was time
out of my day to be helpful to someone, but | don't want to appear disinterested
when | say | don't really know -- like | don't know what he was doing, | don't know
this or that.

| do national security work. | do cybersecurity work. | know the British
and other things. Like | had -- I'm not saying I'm a genius, but | had more of a
basis to meet and assess someone than others. And | didn't mind doing it, but |
just wasn't --

,

Q_ Basically, what you're saying is you didn't really know why you were

vetting him, you were just vetting him. Is that what you're saying?

A Well, | knew there was some consideration of working with him.

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| was doing, and intrusions of other people, | was working like crazy on the
intrusions. And | was going down to the fourth floor frequently. Oh, you can
imagine, intrusion-related, this happened. Someone's making a question about
that. Or when documents were being released on a daily basis, this is being
teleased. There were just a million issues.

So | saw many, many clients and many, many people. | don't recall ever
participating in another meeting with Mr. Steele. It's very hard for me to say |
never saw him again. | just -- | don't have a recollection of it.

Q_ Okay.

A But|'m really not trying to hide the ball on some - like some other
meeting. And | can tell by your questions that you may believe that | did
participate in a meeting, and if | have -- if | have anything to indicate that | did, I'd
be happy to share it, or if | determine otherwise | certainly will let you know. | just
really don't --

MS. RUEMMLER: And just you shouldn't infer by any of his questions that
he does have separate information. And what -- we obviously, || will follow
up and see. But we anticipated that you would ask some questions along those
lines, so we did do our best to try to ensure that information that might be available
to refresh his recollection about specific meetings was made available to him. But
we'll follow up.

HS very uch appreciate that. I'm going to follow up with
some real quick questions and | think we'll with be done unless, sir, you have any

follow-up.

BE | don't have any follow-up.
a

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you were sharing with Mr. Baker?

A Notthat!--! mean, no. | was going to say not that! recall, but that
would be a tough one to not recall.

Q__ So it was just you and Mr. Baker at the FBI. There was no other -- no
other individuals in the room?

A Correct.

Q_ And did you give the same -- did you give the documents that you
gave [iJ in February of ‘17 to Mr. Baker in September of '16?

A __ | left documents with Mr. Baker. | just want to be careful. | don't
recall if they were the same. | mean, | can't -- | don't -- | left documents with
Mr. Baker. | left documents with i | don't know when you Say they're the
same, I'm not sure if they were identical or --

Q_ So you may have left some different documents with Mr. Baker in
September that were --

A Oran update, or one -- a document may have been updated.

Q Okay. So the batch that {J received in February was
presumably different than the batch that the FBI received in September, the
preceding year, generally speaking?

A Well, | just don't want to say that they're --

Q_ The exact same.

A --the same.

Q__ And there was no FBI follow-up at all to you or your client regarding
that information that you're aware of?

A No.

Q_ Okay. | want to ask you, so you mentioned that your client directed

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MR. SCHIFF: And were they able to do a comparison of the documents
that were being released to the documents that had been on the DNC servers to
confirm that, in fact, these were documents that had been housed on the server?
Was that a part of their work, or was that beyond the scope of their work?

MR. SUSSMANN: It was mostly beyond the scope of their work. To the
extent that work was being done, it was being done internally by the DNC, but
there would be questions that we would turn to CrowdStrike for.

One of the difficulties, if | may, is that when the first documents appeared in
June, the DCLeaks and Guccifer, it was hard for anyone to determine where they
came from. And for one reason, there were some documents that we spoke with
someone at the DNC and said, either is this your document or is this a document
you've seen, and it was, but it was a document that was shared broadly within the
Democratic Party.

So we knew that it was a document that either emanated from someone or
was received by someone, but it wasn't clear that that came from this intrusion as
opposed to another one.

MR. SCHIFF: And when CrowdStrike presented its report, do you recall
what level of confidence it had in the conclusion that Russian actors had been
behind the hacking of the DNC?

MR. SUSSMANN: Very high. They -- excuse me.

MR. SCHIFF: Yeah.

MR. SUSSMANN: On that point, they had no reservation. | don't believe
they gave us a statistical number and said with this degree of certainty, but there
was no hesitation, no caveat.

MR. SCHIFF: And did they discuss with you why they had that level of

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MS. RUEMMLER: | think, as stated, I'm going to instruct the witness not to
answer. | think that invokes the privilege. And the line that I'm trying to draw is
around the sort of content of -- the content and communications in the meeting.

HE, kay. And that privilege is being asserted by Fusion or
Perkins?

MS. RUEMMLER: No, it is asserted by Perkins on behalf of its clients, the
DNC and Hillary for America. And to be clear for the record, | am counsel to the
law firm of Perkins Coie and its partners, so --

Q__ So, obviously, you will not answer the question as to whether or not
the dossier was the subject of your meeting or any information was shared by
them. So you've answered that. You've asserted a privilege.

Was there anything else that was discussed that didn't relate to them
concerning the dossier?

MS. RUEMMLER: Again, as stated, I'm going to instruct the witness not to
answer. | think that calls for privileged information.

Ya

Q_ Was there any -- was there any promises to do anything as a result of
that meeting, either by Mr. Steele or by you?

A No.

Q_ Were you aware of any further actions that were going to be taken by
Mr. Steele or his representatives from Fusion GPS?

A No. And, to be clear, all | knew was that this guy Mr. Steele -- or what
| thought | knew, it may or may not be so -- was being considered for some sort of

either engagement or project or something that for which my vetting someone

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confidence, what indicators they saw that they could attribute back to Russia?

MR. SUSSMANN: | know there were specific indicators. | don't recall
which ones they were. But these two actors, what they call Fancy Bear and Cozy
Bear, are actors they were very familiar with.

And at the -- and | remember at the time of the breach when we contacted
them, one of the folks at CrowdStrike sent me a Washington Post story from the
fall of 2015 that talked about these actor -- the Fancy Bear and Cozy Bear, and
how CrowdStrike had identified them, understood them, knows their signatures,
and discussed having found them, | believe, also infecting the Joint Chiefs of Staff
and the State Department and other secure government areas -- networks.

MR. SCHIFF: There have been a number of conspiracy theories floating
around about the hacking of the DNC. In one case, that the tragic murder of a
former DNC staffer was exploited to create an unsupported theory that that staffer
was involved in leaking the documents rather than the Russian Government
hacking the documents.

Another questionable report says that the speeds of the data download
from the DNC could only point to an inside job. Did CrowdStrike turn up any
evidence that the hacking was an internal job?

MR. SUSSMANN: Absolutely not.

MR. SCHIFF: And CrowdStrike, in your view, had the capability of -- as.
one of the premier cybersecurity firms -- determining whether something was an
inside job or an outside hacking operation?

MR. SUSSMANN: Absolutely.

MR. SCHIFF: Mr. Heck.

MR. HECK: Thank you. | was a little distracted here by a report handed

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Q_ And when did you know -- when did your client, without giving me
obviously the name of the client, when did your client tell you about this new
information or information that you had known about, that prompted your call in
December?

MS. RUEMMLER: I'm going to instruct him not to answer that. | think that
calls for information that's covered by privilege.

HE,«Vc!, | not asking -- and | understand your point. I'm
not asking -- I'm only trying to get an understanding of when the information was
conveyed to your client.

He's indicated that he had a phone call with the general counsel at ij
i So I'm just trying to understand when he became aware of this specific
information that he then notified the GC about.

Can you just give me a timeframe as to --

MS. RUEMMLER: Can you give the general timeframe?

MR. SUSSMANN:. How general?

MS. RUEMMLER: Season.

MR. MCQUAID: Season.

MR. SUSSMANN: Sure. Probably the summer of 2016.

oY

Q_ Okay. This information that you had that prompted -- and | guess,
what prompted -- so | guess | should ask, what prompted you to make a call tof
| in December if you had known about this information for, say, 6 months or
longer?

A Because the -- as | -- | apologize, because | can't clearly recall which

information | only departed to your colleague -- or not.

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different clients, and since we've just spoken --

MS. RUEMMLER: As long as you don't reveal identity of them, which
you're not permitted to do under the rules, or any content.

MR. SUSSMANN: Can we step outside and talk about how to deal with
the range of clients?

MS. RUEMMLER: Yes.

[Discussion off the record.]

MR. SUSSMANN: Thank you.

Ho probiem.

[The reporter read the record as requested.]

MR. SUSSMANN: So I'm not clear as to the scope of what you're asking
your question, but I'm going to be sort of more expansive in my answer, because
there's nothing -- you said in relation to the things that we discussed today, and
this is not something we've discussed today.

But | did have -- | don't believe | had -- so two things. | don't believe |
had -- | didn't have direct contact with i. but I can relate to you some indirect
contacts with J And | had a meeting J as well.

oY

Q_ Okay.

A The i contact related to specifically my representation of the DNC,
and my contact i did not relate to my specific representation of the DNC, or
the Clinton campaign, or the Democratic Party. And | also -- I'm not -- | will do the
best that | can with you. | think there are limits to what | can discuss in an
unclassified setting.

Q__ Okay, fair enough. What was your contact (i about?

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when close to an election you wait sort of until after the election.

And | didn't know what the appropriate thing was, but | didn't want to put the
Bureau or him in an uncomfortable situation by, as | said, going to a case agent or
sort of dumping it in the wrong place. So | met with him briefly and --

Q__ Did you meet -- was it a personal meeting or a phone call?

A Personal meeting.

Q_ Atthe FBI?

A Atthe FBI.

And if | could just continue to answer your question, and so | told him this
information, but didn't want any follow-up, didn't -- in other words, | wasn't looking
for the FBI to do anything. | had no ask. | had no requests. And | remember
saying, I'm not -- you don't need to follow up with me. | just feel like | have left
this in the right hands, and he said, yes.

Q_ And when you chose the general counsel of the FBI, is it because you
had a professional relationship with him? Did you know him personally?

A __ | know -- | mean, | know him professionally, but just from having been
at the Department for a long time, been in Washington, | know most -- | just know
most -- | know a lot of agency general counsel, so | don't have a particularly closer
relationship with him than other people.

But | knew in his role, he seemed like the right person to go to with
potentially sensitive information, and that he would -- | had hoped or assumed he
would know what to do or what was in the best interest of the Bureau and of our
country so that, | mean --

Q_ Fair enough.

So you met with the general counsel {MJ You met with the general

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you to have these engagements with the FBI and ii and to disseminate the
information that client provided you. Is that correct?

A _ Well, | apologize for the double negative. It isn't not correct, but when
you say my client directed me, we had a conversation, as lawyers do with their
clients, about client needs and objectives and the best course to take for a client.

And so it may have been a decision that we came to together. | mean, |
don't want to imply that | was sort of directed to do something against my better
judgment, or that we were in any sort of conflict, but this was -- | think it's most
accurate to say it was done on behalf of my client.

Q_ Okay. At what time did your -- when did your client approach you with
this information that you shared with the FBI and i

A __ \|think | already answered that.

Q_ Was that prior to September of '16, or was it in the summer? Was it
in June? So you said your client -- you received information in June. Is that
correct? June or summer.

A __ | think | was directed by my lawyer to give you a season. So | think |
said summer.

Q_ Okay, fairenough. | apologize. Did you talk to any individuals or
persons that you knew were journalists or representatives of media organizations
with the same information that you brought to the attention of the FBI and Hi

A No. But! think that the -- can | rephrase your question?

Q_ Sure.

A __ |did speak with people about the nature of the same -- the nature of
the information. But in terms of providing the same information, the answer is no.

But | don't want to give you a no to that answer and | feel like it would be

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MS. RAO: Natalie Rao from Latham & Watkins on behalf of the witness.

HE Thank you. The interview will be transcribed. There is a
reporter making a record of these proceedings so we can easily consult a written
compilation of your answers.

Because the reporter cannot record gestures, we ask that you answer
verbally. If you forget to do this, you might be reminded to do so. You may also
be asked to spell certain terms or unusual phrases.

Consistent with the committee's rules of procedure, you and your counsel,
upon request, will have a reasonable opportunity to inspect the transcript of this
interview in order to determine whether your answers were correctly transcribed.
The transcript will remain in the committee's custody, and the committee also
reserves the right to request your return for additional questions, should the need
arise.

The process for the interview will be as follows: . The majority will be given
45 minutes to ask questions. Then the minority will be given 45 minutes to ask
questions. Thereafter, we will take a 5-minute break if you desire, after which
time the majority will be given 15 minutes to ask questions and the minority will be
given 15 minutes to ask questions. These time limits will be adhered to, and
these 15-minute rounds will continue until questioning has been completed. Time
will be kept for each portion of the interview, with warnings given at the 5- and
1-minute marks, respectively.

To ensure confidentiality, we ask that you do not discuss this interview with
anyone other than your attorneys. You are reminded that it is unlawful to
deliberately provide false information to Members of Congress or staff. And

lastly, the record will reflect that you are voluntarily participating in this interview,

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specifics about the purpose of that account. But don't believe they were in
possession of -- they were not in possession of the DNC. | don't believe they
were in possession of the --

MR. CONAWAY: Allright. To your knowledge, was CrowdStrike involved
at all with that theft, investigating Podesta's theft of his emails or the hacking or
breach?

MR. SUSSMANN: | don't know of any involvement.

MR. CONAWAY: All right. Was the Clinton campaign your client, per se,
in this regard?

MR. SUSSMANN: The Clinton campaign was a client of our firm, yes.

MR. CONAWAY: Okay. You mentioned pretty good knowledge of
logging at the DNC on their computers. Did they -- were they set up -- was that
work set up to be able to track exfiltrations? Did they log that information so that,
in fact, they could determine what had been or how much had been taken in any
one point in time before CrowdStrike got in and put their tools on?

MR. SUSSMANN: Well, | can't speak to the purpose for the logging. You
asked, you know, did they log it so they could determine something. But | know
that they had logging -- as most companies do in my practice, companies maintain
logs for varying periods of time, but less over time because of the amount of data
storage there is.

So closer to the time in question, there was more logging; further back in
time, there was less or no logging; and that some of that information was helpful in
determining whether there had been exfiltration.

MR. CONAWAY: Okay. So to your -- back to Adam's question. We're all

trying to put these conspiracy theories to rest. | come from a part of the world

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would they also be in violation of the law?

MR. SUSSMANN: | believe they could be, sir.

MR. SCHIFF: | yield back.

MR. CONAWAY: All right. Do you need to take a break?

MR. SUSSMANN: No. Just shift my chair.

MR. CONAWAY: All right. So a couple this' and thats. Do you have a
security clearance? ;

MR. SUSSMANN: | do.

MR. CONAWAY: So trying to clarify who first knew about the Russians
and/or thought they did. Earlier, you said that you believe the FBI told your client
that it was the Russians and state-sponsored. And then at the first meeting,
CrowdStrike, did they come to that conclusion independent of what the FBI had
done? Trying to figure out who knew first.

MR. SUSSMANN: Yes. Yes, Congressman. So we engaged
CrowdStrike at the very end of April, and they began their investigation very soon
thereafter, perhaps as quickly as over the weekend. And within a day or so, they
reported back that based on the evidence they had seen, that they believed it was
Russian state-sponsored attackers.

And then, if | can continue, when we met with the FBI in June, so it could be
6 weeks later, they -- in the meeting, they said this is a Russian state-sponsored.

MR. CONAWAY: Who is "they"? Excuse me.

MR. SUSSMANN: Sorry. The representatives of the FBI said it was
Russian state-sponsored.

MR. CONAWAY: So the FBI had been in contact with the IT vendor for the

DNC for several months?

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No.
Who did you meet with at The Washington Post?
Ellen Nakashima.

And Slate?

> Oo Fr DO >

Frank Foer, F-o-e-r, F-e-o-r. Franklin.

Q Were you aware -- are you aware that the information you provided
actually made its way into written articles that were published as a result of the
information you shared?

MS. RUEMMLER: If you know.

MR. SUSSMANN: Yes.

oY

Q_ And what are the dates of those articles, to the best of your
knowledge?

A __ So the Slate article was the end of October, early November; and the
Times made a passing reference to it around that time as well.

Q__ Late October, early November?

A Uh-huh.

Q_ And that information, to the best of your knowledge, that was reported
in those publications, was of the same flavor or generally similar to the information
you conveyed to the FBI and (ii

A Yes.

HSS", do you have any more questions on this? I'm going
to go through a couple.

MR. CONAWAY: So who came first, the FBI, then the journalists, or the
journalists, the FBI, ij? What was the pecking order?

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know, some new agent or some new person is coming in, we'd like to come in and
visit with you.

So I'm not trying to be hypertechnical, but I've been -- I've been copied on
some emails, but I've not had a -- I've not reached out to the FBI, nor have | had
anyone reach out to me on any substance on this matter, to the best of my
recollection, ever in 2017.

Q_ Okay. So going back to 2016, what were your follow-up
communications with the FBI in regards to?

A Well, there were many, and they were of different varieties. So they
were -- they were just -- there were many different kinds of communications that |
would have with the FBI over the course of a computer intrusion or response. So
| can -- would you like me to —

Q_ Yes, that's fairenough. Can you walk me through them, please?

A Sure. These are not necessarily in chronological order, but there
probably was an early call -- I'm sure there was -- there was an early call with
CrowdStrike, the forensic vendor that we brought in, to coordinate with them and
introduce them to the FBI. We had several meetings over the course of my
representation with the FBI on this matter with, various times, DNC leadership. |
was --

Q_ So let me ask -- I'm sorry, go ahead. | didn't mean to cut you off.

A __ Iwas invited to a meeting at the Department of Justice regarding their
criminal and intelligence investigation into the computer hacking, I'm guessing, in
probably, maybe, October 2016 timeframe, where there were it could have been
ten people there, but included the -- included WFO and the San Francisco office,

and various AUSAs from other places.

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And when did that conversation occur on or about?
Middle of September 2016.

And what did Mr. Baker advise you to do?

Advise me to do?

Q_ Yeah. Or what was -- what did he -- how did he respond to the
information that you conveyed to him?

A He said thank you.

Q__ Did he offer any follow-on --

A No.

Q_ -- engagements, or did he promise that he would pass it on?

A But to be clear, | told him | didn't want any. | mean, | was sharing
information, and | remember telling him at the outset that | was meeting with him
specifically, because any information involving a political candidate, but particularly
information of this sort involving potential relationship or activity with a foreign
government was highly volatile and controversial.

And | thought and | remember telling him that it would be a not-so-nice
thing -- | probably used a word more stronger than "not so nice" -- to dump some
information like this on a case agent and create some sort of a problem.

And so | was coming to him mostly because | wanted him to be able to
decide whether or not to act or not to act, or to share or not to share, with
information | was bringing him to insulate or protect the Bureau or -- | don't know.
| just thought he would know best what to do or not to do, including nothing at the
time.

And if | could just go on, | know for my time as a prosecutor at the

Department of Justice, there are guidelines about when you act on things and

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cannot give them to us?

MR. SUSSMANN: Congressman, I'm just being very careful in my
answers to be as forthright and truthful as | can be.

MR. CONAWAY: So the question would be, we would obviously want, at a
minimum, everything you gave J as part of this inquiry, scrub --

MS. RUEMMLER: We'll work with the committee to get you those.

MR. SUSSMANN: Your colleague just asked me a question that | just felt
it was better to not say yes or of course, just to give a more considerate response.

[12:10 p.m.]

2

Q_ Okay. So -- and we'll talk about getting those documents. How long
was the meeting?

A __ Probably over 1 hour and under 2.

Q Okay. And you explained -- | would imagine when you provided the
documents to the representatives [NJ you — did you explain how you
obtained the documents?

A No. | mean, not specifically.

Q__ So they didn't ask you where you obtained them? | mean, if you're in
the room and someone gives you documents, | would imagine that the question
one would ask would be, well, where did you get these?

A That's true. But notwithstanding, | did not discuss it with them.

Q__ So there was no -- no discussion whatsoever of the source of the
information you were providing?

A No. No, and in particular because -- because the information is, and

should be otherwise verifiable. And so that was really the premise, that | wasn't

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Q__ Approximately how many meetings did you have with the Department
of Justice on this?

A __ Three that | recall.

MS. RUEMMLER: And just to clarify, is that the Department of Justice
separate from the FBI, or are you including the FBI in that calculation?

MR. SUSSMANN: Thank you. Right now, I'm including the FBI and the
Department.

oy

Q_ Okay.

A __ Let me further clarify that. Those three meetings, to the best of my
recollection, there were two of them that were exclusively with the FBI; and one of
them, the one that | just mentioned to you later in October, was a hybrid of FBI and
DOJ.

Q_ Okay, appreciate that. You also stated that there was a meeting
between the FBI and the DNC leadership. Do you know approximately when that
occurred?

A __ So there were two meetings I'm referring to. The initial meeting that
Mr. Traynor and | set up included myself, Shawn Henry from CrowdStrike, and
Amy Dacey (ph), who at the time was the CEO or executive director of the DNC.
So that was one meeting.

And then after Congressman Wasserman Schultz left the chair and Donna
Brazile became the acting chair, fairly soon thereafter, we went in to meet with the
FBI. And by that time, Mr. Traynor had left, and there was a new assistant
director. And we went into that -- and that was the other leadership meeting.

Q_ What was the information you received at these meetings with the FBI

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HE, G00d morning. This is a transcribed interview of Michael
Sussmann. Thank you for speaking to us today. For the record, | am i
HE BB) ee at the House Permanent Select Committee on
Intelligence for the majority. There are also a number of other members and staff
present on behalf of HPSCI who will introduce themselves as the proceedings get
underway.

But before we begin, | wanted to state a few things for the record. The
questioning will be conducted by members and staff. During the course of this
interview, members and staff may ask questions during their allotted time period.
Some questions may seem basic, but that is because we need to clearly establish
facts and understand the situation. Please do not assume we know any facts you
have previously disclosed as part of any other investigation or review.

This interview will be conducted at the unclassified level.

We ask that you give complete and fulsome replies to questions, based on
your best recollection. If a question is unclear or you are uncertain in your
response, please let us know. And if you do not know the answer to a question or
cannot remember, simply say so.

You are entitled to have counsel present for you during this interview, and |
see that you have brought them with you.

If at this time, counsel could please state their names for the record.

MS. RUEMMLER: Good moming. Kathryn Ruemmler from Latham &
Watkins on behalf of the witness.

MR. MCQUAID: Good morning. Nick McQuaid from Latham & Watkins

on behalf of the witness.

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CrowdStrike had perhaps 6 months prior written a report on. So that was fairly
soon thereafter.

The what they were doing, as | said, about myself and about the FBI,
nobody at that point knew or thought the Russians -- | shouldn't say "nobody."
But as far as my discussions with CrowdStrike, my discussions with the FBI, and
personally, the general belief was that this was a foreign intelligence service
collecting information to report to its political leadership about an election in the
United States. So there was no initial report from CrowdStrike that there was any
other motive behind the hacking.

MR. SCHIFF: So at the time CrowdStrike prepared its report, that report
did not conclude that the Russians intended ultimately to weaponize the data, but
rather the data was being gained -- gathered for foreign intelligence purposes?

MR. SUSSMANN: | don't recall specifically what the report says, but |
don't believe that it was within -- that our request to CrowdStrike was to define
what their -- | don't believe that they were reporting on -- they were reporting on
what happened and what evidence they had of what happened. | don't recall
whether they were reporting on why they thought the Russians were doing what
they were doing.

But in their report, in their discussions, they didn't have any greater insight
than anyone else early on. Before the documents started being released, | don't
recall CrowdStrike having any greater insight or foresight than anyone else had at
the time.

MR. SCHIFF: And when the documents started being released, was
CrowdStrike still working for the DNC?

MR. SUSSMANN: Yes.

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cared what | had to say about my impressions of him as an individual. But | didn't
know more and | didn't ask more.

Q__ Did you have any belief that he was there because he was presumably
doing opposition research?

A Well, | think that's a little too specific. If he had -- | mean, | don't
know. I'm not trying to be cute. If he had information, | don't know if he was like
researching things or he was, like, Here's what | know from what I've -- | mean, |
think the point was he would have useful information. | don't know if it was
coming from research or what source, but yeah.

Q__ Did you know in your mind, as you best recollect, that when you
walked in the meeting that this individual named Mr. Steele was doing opposition
research for the Democratic National Committee?

A No. And in particular, because | didn't know -- | absolutely did not
know at that point if he was engaged by someone, or if this was like, oh, maybe
this is someone we will engage with. | didn't know. | didn't know.

Q_ Okay.

A |was-

Q__ So let's go forward. Did you have any other engagements with
Mr. Steele after this August engagement?

A _ Not that | recall.

No phone calls, no meetings?
No.
You mentioned Mr. Simpson, who was in this meeting in August.

The Glenn guy.

Oo Fr O F OD

Yes, Glenn Simpson.

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they were interested in at the time, at that time.

Q_ That's helpful. Thank you.

Going over to -- moving on from CrowdStrike and the FBI, did you ever
have any interactions with any other government agencies in relation to the DNC
fiack, Russian involvement in the 2016 elections, or anything like that, or any
members of any government agencies?

A So, yes. For the intrusion, | believe our contacts initially and for a
while were only with the FBI. And there came a time when we got involved with
the Department of Homeland Security, and had a variety of ongoing meetings with
them for various purposes. We reached out to State officials, to the
State -- Association of Chief Information Officers from the States.

Q__ Did you meet with anybody else, any members of the Intelligence
Community, either officially or unofficially, to.discuss these matters?

MS. RUEMMLER: With respect to the DNC?

oy

Q_ The DNC, the 2016 Russia election, all things that fit under that sort of
general big title.

A __ So let me provide one general exception. | had meetings and calls
with the FBI when there were a lot of people in the room, and | don't necessarily
know --

Q_ Yeah, | don't mean that.

A --who was there.

Q___| don't mean the FBI. | don't mean those big conference calls or
anything like that. | mean, did you have any engagements with any members of

the Intelligence Community, not the FBI, one-on-one, or in small groups, or

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Appearances:

For the PERMANENT SELECT COMMITTEE ON INTELLIGENCE:

For MICHAEL SUSSMANN:

KATHRYN RUEMMLER, ESQ.
NATALIE RAO, ESQ.

NICK MCQUAID, ESQ.

Latham & Watkins LLP

555 Eleventh Street, NW Suite 1000
Washington, D.C. 20004-1304

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recommended to the DNC that | contact counterintelligence officials at the FBI,
and just report to them, just sort of an a see-something, say-something basis.

Even if this company didn't think it was something, our broader -- this is my
belief, that our broader counterintelligence community can see this piece and plug
it in with other pieces and they just have a broader look about what's going on.

And so two agents from the counterintelligence at the FBI came to visit me
in my office.

Q_ Was that in -- what time was that in 2016? Was that after the
election?

A __ No, this was October, probably.

Q_ Okay.

A They came to my office, and | gave them the report from this
company, explained to them what was going on. And they said they wanted to
look into the particular frequency and what it was used for and some other issues,
and they wanted to share the report i)

And | don't really recall the specific need or expertise (NN but
they asked my permission. | said, absolutely. Do whatever you'd like. And
they -- and so | had sort of several -- | had some back and forth conversations with
the Bureau, and in some of them they relayed their communications or questions
Pe

So while | didn't meet with anyone that | knew of EN at the time, |
was sort of, in some ways, in a three-way conversation NM through the
Bureau on this issue, which ended up to be nothing.

It ended up to not be what anyone believed to be some sort of bugging or

operation of a foreign intelligence service. But | may or may not have known the

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MR. SUSSMANN: No. | believe they accessed -- | believe their access to
opposition research was more general to that. Although, at that time, I'm sure
that Mr. Trump was a particularly important target of that.

MR. SCHIFF: But when you say they had access to op research, you're
talking about op research that was collected by the DNC on opponents of
Secretary Clinton, whether they were primary or general opponents?

MR. SUSSMANN: Well, | believe that there was a staff person at the DNC
who was in charge with, or involved with research, opposition research. And that
person's -- there was evidence that that person's files had been rummaged
through in a cyber way.

MR. SCHIFF: And getting to the question of what the FBI sought access
to, in all of your discussions with the FBI about what they needed to do their own
forensic work, did you ever tell the FBI no, they couldn't have access to
something?

MR. SUSSMANN: No.

MR. SCHIFF: And --

MR. SUSSMANN: Excuse me.

MR. SCHIFF: Yeah.

MR. SUSSMANN: At the outset, and when we had that first meeting at the
FBI, | did say that if there are any requests that involve a content of
communications, that CrowdStrike should come back to me. But that was a sort
of line in terms of unsupervised sharing, if you will. But I'm not aware of any
request that was turned down.

MR. SCHIFF: And | take it CrowdStrike never came back to you and said

the FBI would like to look at the content of communications?

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a comparison, possession of hacked, stolen information isn't, per se, a crime in the
way that possession of classified information could be a crime.

And, maybe more to the point, possession of illegally wiretapped
information can also be a crime. But the statute doesn't punish the mere
possession to the mere innocent possession of hacked information.

MR. HECK: So the analogy that | use to describe this breaks down
vis-a-vis physical material insofar as possession of stolen -- mere possession of
stolen physical material can, in fact, be a crime, but not 1's and 0's.

MR. SUSSMANN: Well, | think for both it probably depends on the
circumstances. So if the person possessing the hacked material was a part of the
plan, and his or her possession of it was in furtherance of that plan, then that could
be criminal conduct.

MR. HECK: So what think | just heard you say is if they knowingly aided
or abetted in the intrusion and the exfiltration, whether or not they were the party
conducting it, that would constitute or could conceivably constitute a crime?

MR. SUSSMANN: It could, yes, sir.

MR. HECK: What about post facto, knowingly possessing that which was
illegally obtained, is there any level of crime committed depending on, A, the
knowledge that it was stolen, or, B, the manner in which it is used?

MR. SUSSMANN: I'm not an expert in every aspect of the criminal code,”
but with regard -- my understanding is with regard to the Computer Fraud and
Abuse Act, if Joe, hypothetical person, is a computer hacker and hacked
information and stole it, and then he went and visited with his friend Sally and said,
Hey, | just found some interesting information, do you want to take a look at it, or

let me leave it here with you, | don't believe that Sally's after-the-fact possession of

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Q_ So on different matters?
A __ No, you just asked a fairly general question about have | spoken to

anyone at the Department, and --

Q__ I'm only interested in relating to the --

A No.

Q__ -- scope of what we're interested in. | know you --

A No.

Q_ -- may have talked to members of the -- members of the Department

on many matters related to your representation of clients, but relative to the Russia
investigation or things that you believe to be part of the Russia investigation. So
matters that, for example, the same or similar matters that you had conversations
with the FBI general counsel and {J general counsel about, have you had
any of those kind of conversations with --

A _ No, but! have had conversations that | can recall or not recall with
members, former colleagues of mine at the Department of Justice about public
information about what's going on in the country that involves -- it's very hard in
Washington, or probably in any other city, to not discuss current politics,
which -- some of which involve the aftermath of the election. So | can't say -- |
apologize for the double negative. | can't say that | have not discussed with
anyone in the Department any of these -- any of these myriad of stories that have
been reported, are being reported in the media.

HE, kay. Do you have anything else?

MR. CONAWAY: We're good. All right.

Hank you very much.

[Whereupon, at 1:11 p.m., the interview was concluded.]

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A __ So the contact {iJ was about reporting to them information
that was reported to me about possible contacts, covert or at least nonpublic,
between Russian entities and various entities in the United States associated with
the -- or potentially associated with the Trump Organization.

Q_ And when did that contact J occur, month and year?
February 2017.

Where did you get that information from to relay to J?
From a client of mine.

Why did you go to i?

| initially reached out to I --

MS. RUEMMLER: Just to be very careful here to make sure that you don't

> O > DO >

disclose any attorney-client or work product privilege information. | think you can
talk generally about your general purpose in seeking the meeting, but just be
careful not to disclose any communications between you and your client.

A Okay. I'm sorry, so was the question why?

ae

Q_ Yes.

A _ Well, so the purpose of the meeting was to share -- you may need to
repeat your last question. | feel like I'm repeating myself. The purpose was to
share information that --

Q_ Right.

A -- we had that might be --

Q_ You did say, right, that you had -- you'd received information from a
client -- I'm not asking who -- that may be germane to the 2016 election and

associates of the Trump campaign or people affiliated with the Trump campaign.

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A _ Well, a computer intrusion by another name is an unauthorized access
to a computer network. And the FBI was requesting, in essence, access logs.
So those are the kinds of logs that would, or could help the investigator determine
who has or has not been accessing a network.

Q __ Sois it fair to say that these access logs would show people who are
authorized access to the DNC servers, but people who are not -- who are
unauthorized would not be shown on these logs; that is, if it's an inside job versus
an outside job, so to speak.

A __ | don't believe that's the case. | don't -- well, if | understand the
question correctly, those logs could show authorized and unauthorized users of a
network.

Q_ Okay. How would they show that?

A Well, because -- how would they show that? They would show
authorized users and their activity, and they could show a variety of unauthorized
users. So one -- one way in which actors without authorization access a network
is they create an identify. They might create a new employee, a fake new
employee, but a credentialed employee.

And so you would have logs. And sometimes, one of the ways that, in my
experience, companies find that they have an intruder on the network is they'll run
a log and say, gee, we have 500 users on the network, but we only have 490
employees. So that's an example of seeing all of these people and determining
that some of them are not authorized to be on the network.

Q_ And then would you be able to -- not you specifically, but, say, the FBI
or another entity be able to sort of reverse-engineer that to understand the

composition of the gap, that is, the other 10 people that had unauthorized access?

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in my answer.

Q_ Sure.

A _ But my firm represents the Democratic National Committee, our
political law group. They're two floors below me and they sort of do all this stuff.
I'm a cybersecurity/privacy lawyer.

So | wasn't doing work for -- | wasn't doing work for the DNC, but it wouldn't
be accurate to say that | was no longer representing them. And | don't know if I'm
drawing a distinction that's too fine a point.

Q__ No, that's fair. So let me ask you this question: When you decided
to engage the two principLes, one, Mr. Baker in September, and the general
counsel of iii in December, you were doing that on your own volition, based
on information another client provided you. Is that correct?

A No.

Q__ So what was -- so did your client direct you to have those
conversations?

A Yes.

Q Okay. And your client also was witting of you going to i in
February to disclose the information that individual had provided you?

A Yes.

Q_ Back to the FBI. You obviously had a conversation or you had a
meeting at the FBI with Mr. Baker. Was there anybody else in the room from the
FBI in that room with you?

A No.

Q__ Did you ever meet with any -- subsequent to that meeting, did you

ever meet with any other representative of the FBI concerning that information that

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A

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Right.
And you said Peter Fritsch was in there, right --
Yes.
-- to the best of your understanding?
Yes.
Had you ever met those two individuals before?

| think | had. And the reason | say | think | had is | had met them on

another occasion. The sequencing is -- it's just hard for me to recall if | met with

them before that meeting or after that meeting. | think | might have -- | might have

met with them once before.

Q

Coie, right?

A
Q
A

And obviously in this instance, you were counsel, partner to Perkins

Yes.
And your law firm had retained Mr. Simpson's firm. Is that right?

| don't know.

MS. RUEMMLER: If you know.

Q
A
Q

,

If you know.
| believe that to be the case, but --

So did you know that in August of 2016 that the firm that you were a

partner of had retained Mr. Simpson's firm for work that was done on behalf of the

Democratic National Committee?

A

| knew that we had retained Mr. Simpson's firm. | don't recall what, if

anything, | knew about the engagement in approximately August 2016.

Q

Okay. So, to the best of your recollection, when you walked in the

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name of the person {J but | certainly encouraged the Bureau to reach out to
them if that was helpful in any way, and had a bunch of sort of back and forth
about it.

Q_ And the back and forths were between FBI agents and you regarding
the conversations the FBI was having [NM concerning the information the
vendor provided the FBI. Is that correct?

A Yes. It was -- my direct communications were with the FBI. They
were communicating as well {NJ and gathering other information, and then
reengaging with me on what they had found or if they wanted further information.

Q When the FBI was asking you questions or briefing you on their
findings or summaries of their conversations IN what were those kind

of -- what were those conversations about? Were they just telling you what they

heard
A
EEE. So i alowed me

to report back to my client that they don't have anything to worry about about this
particular thing.

And | believe everyone's instruction was to get the company back. |
remember they looked at the report and said, this company -- these are all former
Bureau guys, and they're using like better equipment than we have because they
have a better budget than we do. So their work is very good, and you've got good
people in here, but they should like bring it back and figure out what it is, because
something is sending off a signal.

Q___ Do you remember who you spoke with at the FBI on this matter?

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December 2016. And then in February, | believe, | had a meeting at (i

Q___Do you remember what time in February? Was it early or mid or late
February?

A __ | think it was early.

Q_Early February. And the -- let's go back to the conversation that you
had with J OGC -- or general counsel, | guess. You had a meeting with the
general counsel?

A __ Just a phone call.

Q_ Phone call. And what was the phone call about?

A _ initiated the phone call. And | said, in some manner, | understand
that the President has ordered a review of all intelligence relating to the election,
and | have some information that may be germane to the subject matter of the
investigation, and offered to come meet with her or, | don't know, you know,
someone at [, if they were interested, to hear about this information.
And that was really the -- that was the nature of the call.

Q What was the response from the general counsel?

A Well, it was an expression of interest, but in fairness, this was a cold
call. So | wasn't expecting any, like, thank you for calling, something along the
lines of thank you for calling, and I'll speak to some people here and someone will
get back to you.

Q_ And she -- did she indicate that she would get back to you in another
point regarding your offer?

A Uh-huh.

Q_ And what was the information that you had in December of '16 that

prompted the phone call? What was it that you wanted to share with

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And the other -- the other contact that | had -- the other contact that | had
was during the course of the Presidential campaign, there were many -- there
were many threats, real, perceived, or perhaps otherwise, that were coming into
many individuals, parties, people. And | was collecting them, or they were being
reported to me as well, and | became a focus to report those to the FBI.

So | had a number of calls where | would be on the phone and, in sort of
conference call parlance, would say, hi, WFO, are you there? WFO is here. Hi,
is Pittsburgh here? Hi, Pittsburgh is on. Hi, San Francisco is on. And I'd run
through a list of physical threats and cyber threats and just sort of reporting in all
sorts of incidents. So | had a number of those kinds of interactions.

Q_ So that's helpful. Taking those in reverse order, when you were
invited to meet at the Department of Justice, how did that go about? Did DOJ call
you and say, Hey, we're looking into this hack that the FBI has been in touch with
you about and it involves the DNC, so we'd like you to sit in, or how does that
happen?

A __ | think that happened in various ways. The first meeting | recall
having was with Jim Traynor, who then was the assistant director for cyber; and
Shawn Henry and | called Jim to let him know that the story involving the DNC
intrusion was going to be publicly reported and to just give him a heads-up and let
him know beforehand, and just to touch base.

And we had a very cordial conversation. And on that conversation, either
Mr. Traynor offered or asked to meet with us, or we offered and asked to meet
with him. | don't recall. But! know -- | remember on that call, we decided that it
would be a good idea for us to meet in the near future. So that's the way that

meeting came about.

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