COMMITTEE SENSITIVE COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPRESENTATIVES, WASHINGTON, D.C. INTERVIEW OF: LISA PAGE - DAY 2 Monday, July 16, 2618 Washington, D.C. The above matter was held in Room 2141, Rayburn House Office Building, commencing at 11:92 a.m. COMMITTEE SENSITIVE COMMITTEE SENSITIVE Mr. Okay. The time is 1 minute past 11:69 a.m. on July 16th, continuing from Friday's session of the transcribed interview of former FBI attorney Lisa Page. EXAMINATION BY MR. BAKER: Good morning, Ms. Page, and thank you for agreeing to come back for a second session of questioning. A lot of ground was covered on Friday, so I1~ant to clean up a couple of areas that I had questions on. So I might jump around a little bit. I'm going to try not to be repetitive from what you've already answered. But I wanted to clarify, at a very basic level, sometimes in the media's reporting you've been referred to as an FBI agent. In the truest sense of the word, as an agent relates to a principal, you are an agent of the government. But in FBI parlance, is it correct to say that you're not an 1811 series investigator special agent? A I am not. You are, in fact, an attorney and were assigned to the General Counsel's Office. A That's correct. Okay. You started to get into a little bit on Friday and you articulated the best you could that I think you opened the door as to the different types of investigations or how an investigation is opened. It's my understanding there's three basic types of investigations: There's an assessment. Then it moves to predicated investigations, COMMITTEE SENSITIVE COMMITTEE SENSITIVE where you then have preliminary investigation and you have a full investigation. Is that correct? A That's correct. And my understanding of the different types of investigations is, on one end of the spectrum, it's how that case is opened, how maybe credible the information is or how vague the information is. And then on the other end of the spectrum, it's what type of investigative techniques can be employed in that type of investigation. And A I wouldn't agree with respect to the substance of the information. It's not whether it's vague or crediblecw?not. It's really an assessment -- and, again, I don't have the standards in front of me, but each level of, sort of, investigative permissionaffords different levels of tools available. And so, to the extent you have more information or to the extent the information comes from a particularly credible source, itmeans that you can open a full investigation and -- but really the distinctions between certainly between a preliminary investigation and a full are a little bit of dancing on the headof a pin. I mean, these are very, sort of, nuanced, subtle. Any credible allegation is sufficient for'the FBI to open an investigation and take action for to sort of generalize broadly. But the assessment would be kind of the lower, a very initial the information maybe not even relating to a violation of criminal law or national security; it could be proactively to COMMITTEE SENSITIVE COMMITTEE SENSITIVE prevent or to develop information about something the FBI is tasked to investigate? A That's correct. I don't really want to I would hesitate to go down this path too carefully because there are multiple different types of assessments and different divisions have actually different authorities with respect to assessment, and I am by no means an expert on that. So without having the DIOG in front of me, I would not really be comfortable -- Sure. A answering specific questions about Sure. A what we can do at what level. (2 But at a very basic level, the assessment is kind of the lower tier. You're limited in the types of investigative techniques you can use in the assessment when you compare that to one of the predicated types, either the PI or the full. A That is correct. Okay. When you're talking about a PI or a full, I talked briefly about, you know, the one standard to open on the one end, and then the other end, when you have a PI or a full that's properly opened, those are the types of investigations where you can use the more sophisticated investigative techniques. Is that correct? A They're not always sophisticated, but you can use more tools. Certainly more than you could in the assessment. A That's correct. COMMITTEE SENSITIVE COMMITTEE SENSITIVE And then one of the most sophisticated techniques would be a court?ordered Title or a FISC?ordered A That's correct. And those techniques, even though they're authorized by the FBI's manual of -- that deals with compliance I believe it's referred to as the D106, domestic investigative operations guidelines, even though you're working with a validly opened, predicated investigation, when you get to those really extreme, sensitive techniques, the ones that are really intrusive, it's not just the FBI that decides or somebody in the FBI that decides, hey, we're going to use this technique. Is that correct? A That's correct. With respect to both of the two you describe, both the Title 3 wiretap and a FISC order, not only do you have vast approvals within the FBI itself, both of those tools require high-level approval at theJustice Department. And, of course,u?th reSpect to a FISA order, the Attorney General, the Deputy Attorney General, him or herself, has to approve that. Okay. And then so, not only are there multiple approval levels for those type of techniques within the FBI, the Department of Justice also has approval requirements for that at the highest levels, but also there's court approval required for those. Is that not correct? A Of course. So it's fair to say that not one person in the FBI decides, hey, we're going to do this sophisticated technique, electronic COMMITTEE SENSITIVE COMMITTEE SENSITIVE surveillance of some sort, in a?vacuum. There are levels outside Fthe FBI and even outside the executive branch. A That's correct. Certainly, the more intrusive the technique becomes, the greater supervision over that technique that the FBI has and the more approval levels, both within and outside the Department, will fall. There are in many places in the FBI, I believe, opportunities for people that believe that compliance is not being adhered to there's many opportunities for people to report compliance concerns. And I believe this DIOG that we referenced has specific requirements for'a supervisor that opens a case, if he's concerned the compliance isn't being met, there's opportunities to report if you believe that something is not being adhered to, either in the opening, the reporting, or the use of techniques in an investigation. Is that correct? A That's correct. If you can --I don't think this would be classified; if it's not, don't answer what is an IOB violation? A It's not that it's classified; it's that I don't want to misspeak. Essentially, if there is a compliance violation associated with the activity that the FBI conducts while wearing its intelligence community hat, so it would presumably be classified, but it would be in the conduct of not a criminal investigation but a classified investigation, to the extent there's an error, for example, an COMMITTEE SENSITIVE COMMITTEE SENSITIVE overproduction, you know, we this is just for example's sake: Ne issue a national security letter. We receive back information which is beyond that which we're permitted to obtain pursuant to a national security letter. If that were to be uploaded into our, sort of, primary database, that would be an overproduction, and that would need to be required to the IOB. So it doesn't necessarily speak to the severity or the nature of the compliance incident, but compliance incidents involving the activity we conduct on the intelligence side, on the classified side of the work we do is reported to the IOB and often to other entities depending on whether it pertained to a FISA order or something else. Thank you. That's very helpful. 50, outside the confines of any particular investigation, there is a mechanism and there are people responsible to receive andlook into compliance issues. A Oh, yes. Okay. During your employment with the FBI, specifically your role with Midterm or the Russia investigation, are you aware of any compliance issues that were raised or even to the level of an IOB violation? A Not during the period of time in which I was on either investigation, no. Had you heard about A IIhavesinceheard --can Iconsultwithcounsel? IWnsorry. Absolutely. COMMITTEE SENSITIVE COMMITTEE SENSITIVE [Discussion off the record.] Ms. Rage; Thank you. Upon consultation with FBI counsel,I'm either I'm not sure whether the answer would call for a classified answer or whether I would be permitted to answer the question fully. But I can say, during the period of time that I was involved in both the Clinton email investigation and the Russia investigation, I am not aware of any compliance incident or event requiring reporting to the 103. BY MR. BAKER: Okay. 50, during your tenure or at another time, there -- without the specifics of the violation, the mechanismsfor reporting compliance issues, including IOB violations, was not stymied, stifled -- A Oh, no, no. ?They exist. Yes. Okay. And they would be complied with, as far as you know. A Yes. Okay. The FBI -- A I guess I would note, too, that the Department of Justice plays a significant oversight role with respect to what gets reported to the 108 or to the FISC. And so, again, it's not an issue that exists solely within the FBI's purview to determine but is often identified by the Department of Justice and then the FBI would follow up with an IOB or other notification as appropriate. And would it be correct to say, in addition to that mechanism, the FBI has their own internal audits of those techniques. The COMMITTEE SENSITIVE COMMITTEE SENSITIVE National Security Law Branch and others, the Inspection Division, conducts random inspections of the files that were used to utilize those sophisticated techniques. A That is correct, yes. Okay. The FBI, by its very motto, "Fidelity, Bravery, Integrity," subscribes to very high ideals. They also have a core value a list of core values that certainly is not intended to be exhaustive,but what they indicate in the fewest words possible to sort of be the essence and the heart ofthe FBI: rigorous obedience to the Constitution of the United States; respect for the dignity of all those welbrotect; compassion, fairness, uncompromising personal integrity and institutional integrity; accountability by acceptingresponsibility for our actions and decisions and their consequences; leadershipby example, both personal and professional. Do you believe that everyone, to the best of your knowledge, associated with Midyear Exam and the Russian investigation upheld the FBI's core values? A I think so, yes. And do you believe based on your experience as an attorney -- and your role of an attorney, if I'm not mistaken, would be to advise the investigators and other members of the team on legal issues, what they could, what they couldn't do, and potentially compliance issues as well. A So that is the role ofan attorney. I wouldn't agree that COMMITTEE SENSITIVE 10 COMMITTEE SENSITIVE that was necessarily my role, because described, I think, on Friday, I was not on the team in the same way that the other, sort of, members of the investigative team were. I was really -- I was supporting the Deputy Director, so I was, in a way, a liaison between the team and, sort of, executive management at the FBI. So I wouldn't say that my role certainly in any day?to-day capacity was to provide legal advice to the team. So, in your role as a liaison from the Deputy's office to the Midyear team, what was your role as a liaison? Did you attend meetings? You relayed information back? A I did. Both of those things. As I think I described on Friday, part of the value that I tried to add to the Deputy Director's office was to ensure that he had the most complete information possible at all times. And so I definitely stayed abreast of the investigative activity. To the extent there were disagreements or frustrations with the Department or areas where there might -- where a disagreement or other issue might ultimately rise to the Deputy Director's level, I tried to stay abreast of those as well, keep him sufficiently informed. And while you were assigned attorney adviser, special assistant, what was your title in the Deputy's office as an OGC rep? A Counsel or special counsel to the Deputy Director. Were you -- I mean, you're answering to the Deputy. You're still a part of OGC technically, though, right? A Yes. I am a partof OGC. I'm still a lawyer. I'm still, you know, to the extent relevant, covered by the attorney-client -COMMITTEE SENSITIVE 11 COMMITTEE SENSITIVE privilege. But my role is to support theiDeputy Director. But, to that end, I was in regular, if not daily, contact with the general counsel to sort of ensure that our efforts and information was in sync. But you're not giving legal advice to the Deputy per se. A We're sort of splitting hairs. I may have been,depending on the issue. My role was not necessarily to tell him, this is permissible, this is impermissible. That is really what OGC was there to do. He might ask me, you know, what do you think, and certainly that might result in the conveyance of legal advice. But he has an entire division devoted to that type of activity. I was there more to help him make decisions and, sort of, apply judgment to what it was we were looking at. I also, because of the unique position, had a macro view of the entire organization. And so I sort of tried to help connect dots that may have seemed otherwise disparate but might ultimately have a relevance with respect to whatever particular issue was in frontof us, not just in the Clinton investigation. And if something came your way in this assignment that related to legal advice, you certainly had the resources of the General Counsel's Office to reach out to or to incorporate in a decisioncwi whatever the legal issue might be. A That's correct. And, in fact, that is what I did. So, to the extent just as an example, if the Deputy Director was reviewing a FISA and he had a question about the sufficiency of the probable cause, he might ask me my opinion, and I might give it, but, at the endtif COMMITTEE SENSITIVE 12 COMMITTEE SENSITIVE the day, it would notstop there. We would return it to the General Counsel's Office. He would consult with Mr. Baker or the deputy general counsel or whomever had the substantive information necessary and would get the, sort of, final legal determination from the Office of General Counsel. So the way the General Counsel's Office is set up, it's not a lot ofgeneral practitioners. It sounds like there's a lot of very specific specialists. You have national security law people that would know answers to FISA?type questions. You have criminal lawyers that would maybe know answers to just general investigative techniques . So you would kind of coordinate where a particular question that the Deputy might have might be properly referred to in the General Counsel's Office. A That's exactly right, yes, and to other divisions as well. To the extent it was not a legal question that came up but simply, you know, the Deputy wants more information about this operational plan, I might also reach back into a substantive division to pass that information along. Okay. You mentioned in your role as a liaison you would go to a lot of meetings, frequent meetings, and report back to the Deputy. Was there disagreement, dissension at these meetings on any particular path to take, either investigatively or prosecuting? We talked a little bit Friday about the decision to or to not charge in specific statutes. There was this issue of Mr. Comey COMMITTEE SENSITIVE 13 COMMITTEE SENSITIVE drafting this press release and then releasing -- doing the press release and then letters to Congress. Was there dissension in meetings about any of these controversial topics, or was everybody, yes, we agree1~ith this? Hovrdid that work? A That's a very broad question. If you are talking specifically about the Clinton email investigation Okay. A Is that -- For now. A Okay. So certainly there are, you know, 8 or 16 of us who made up sort of the core group of people who met with Director Comey. There was I wouldn't say dissension, but there was the benefit of that group and the comfort that we all with each other, and, in fact, the kind of culture and environment that Director Comey tried to foster absolutely allowed for disagreement, and we were all quite comfortable, I think, expressing our views. And to the extent somebody said we should take step and somebody disagreed, it was entirely common for that group of individuals to openly disagree with one another, to do so in front of the Director, in the hopes that the best answer would sort of rise to the top. And is that how it ultimately was decided? Is that how a decision was decided? There was discussion, there was consensus, the best decision rose to the top? Was there ever a vote and juSt simple majority A This is the FBI. It's not a majority rule. The Director COMMITTEE SENSITIVE 14 COMMITTEE SENSITIVE would make an ultimate decision. So, no, I am not aware of anything ever being based on majority vote. It's the Director's heleads the organization. He's the one who'd ultimately be accountable for those decisions. But the people that I worked with and that group of people who would regularly meet with the Director all unquestionably feItfree to voice their views. Do you recall Director Comey ever taking a position that was contrary to the consensus of the group? A I wouldn't say "consensus. I don't think that that's a fair statement. I was not present for the meeting in October when he decided to send -- to notify Congress of his decision to reopen theC?inton email investigation, but I am aware that there was disagreement among the team. There was not a consensus that everybody agreed it should be done. People had different views about whether we should and whether we shouldn't and we did in the first place. And ultimately it was Director Comey's decision to make. Okay. Thank you. BY MR. SOMERS: Could we back up for a second? Art asked a pretty compound question. Was there dissent, disagreement, however you would characterize it, with investigative techniques on the MidyearExam? A Investigative techniques? That's a really broadquestion. Whether a search warrant should be used? A Oh. SO'this was before Ilwas involved in the investigation, COMMITTEE SENSITIVE 15 COMMITTEE SENSITIVE but it's my understanding it's not a disagreement within the FBI, but there were lots and lots and lots of disagreements between the FBI and the Department. Generally, I can 't think of anything in particular that would have been FBI?specific with respect to, like, this agent wants t0'take step and this agent -- somebody else wants to take step Y. But, certainly, my understanding is, at the outset of the investigation again, I was not personally involved, but there was a great deal of discussion between the FBI and the Department with respect to whether to proceed, obtain the servertuhich housed the bulk of Secretary Clinton's emails, pursuant to consent or pursuant toza subpoena or other compulsory process. And was that dissent between the FBI and the Department? A That's correct. Yes. And what was the FBI's preference? A To obtain it pursuant to compulsory process. The server? A I'm sorry? The server? A The server, yes. Sorry. And how about were there any other disagreements between the Department and the A Oh, my gosh. I mean -- FBI on investigative techniques? A Yes, all the time. In a vacuum, it's hard to just come up COMMITTEE SENSITIVE 16 COMMITTEE SENSITIVE with them off the top of my head. Was the FBI being told that it couldn't use certain investigative techniques by the Department? A "It couldn't use." Not -- I'm trying to think of specific examples. I'm sorry. Not that to the extent there would be a disagreement, I don't think it would ever be quite that strident. I think it would be the view of the Department that it was strategically advantageous. Oh. Well, so here is an example. We had but this is not about the type of process to obtain, but there were, I think, months of disagreement with respect to obtaining the Mills and Samuelson laptops. So Heather Mills and -- Cheryl Mills and Heather Samuelson were both lawyers who engaged in the sorting. Once it had been identified that Secretary Clinton had these emails -- I'm guessing it's pursuant to the FOIA request, but I don't really know -- she -- well, our understanding is that she asked her two lawyers to take the bulk:of the 69,000 emails and to sort out those which were work?related from those which were personal and to produce the work-related ones to the State Department. They did so. That 39,000 is sort of the bulk of the emails that we relied on in order to conduct the investigation, although we found other emails 3 jillion other places. We, the FBI, felt very strongly that we had to acquire and attempt to review the content of the Mills and Samuelson laptops because, to the extent the other 30,900 existed anywhere, that is the best place COMMITTEE SENSITIVE 17 COMMITTEE SENSITIVE that they may have existed. And notwithstanding the fact thatthey had been deleted, you know, we wanted at least to take a shot at using, you know, forensic recovery tools in order to try to ensure that, in fact, the sorting that occurred between or by Mills and Samuelson was done correctly and Sorry. A No, that's okay. It was is that for lack of a better term, is it usual to rely on the target of an investigation to provide evidence against the target? A Well, that happens. That's not uncommon. I mean, in white?collar cases in particular, issuing subpoenas to the target, even though particularly if it's, like, a corporate target, that's certainly a way to do it. You're misunderstanding a little bit, though, because that sort and all of that activity took place before there was a criminal investigation. So that activity is what -- the testimony that we received, the, sort of, evidence we received, is that the State Department reaches out to Secretary Clinton when they discover,"we don't have your emails on a State Department system. Do you have your emails?? And the answer is, "Yes." And the State Department, rather than the State Department itself conducting that analysis of whether or not there was -- or whether these emails were work-related or not, deferred to Secretary Clinton to do that. So this long precedes any FBI investigation or any FBI COMMITTEE SENSITIVE 18 COMMITTEE SENSITIVE involvement. BY MR. BREITENBACH: But didn't you say that months went by before you made the determination as to whether to access those laptops A No. I'm sorry. though consent or through -- A Yes. compulsory process? A But that's -- so we have to we're talking about two different events here. Back in 2613 don't rememberiuhen this is before thereluas any FBI investigation. When there is first an inquiry by theIState Department into why do we have no Secretary Clinton emails that go to Secretary Clinton herself, that precipitates Mills and Samuelson conducting this sorting activity and producing to the State Department, here are the emails which are work?related. Produce them to FOIA, produce thenlto Congress, wherever'they'went. I haverKJidea. We had nothing to do with this we, the FBI. Skip ahead to February/March of 2916, right? The criminal investigation has now been open for 6 or 7 months. We discover that we discover these facts, right? These facts were not known to us. We don't know how she first did the sorting for the State Department. We discover these facts. We go to the Department and say: We need to get these laptops. We need to try to get in them and review them and see if, in fact, there COMMITTEE SENSITIVE 19 COMMITTEE SENSITIVE are other emails which either are work-related or, potentially -- what we were really looking for other emails which would speak to, you know, give some indicia of her intent with respect to why she set up this server and whether it was intended to mishandle classified and all of that. That back-and-forth starting February/March-ish of 2016 and going through, I'd say, June of 2016 is the disagreement I was referring to. So that's a disagreement between us, the FBI, and the DOJv?th respect to why we needed to get these laptops and how to get these laptops. Andtuhat'the FBI believed -- and there's copious texts about this because it was a, sort of, ongoing argument was that we had to at least attempt to get them. Even if we were unsuccessful, even if a court determined that they were attorney?client work product or opinion work product, which is what the Department was concerned about, we couldn't credibly close the investigation without having tried to get into these laptops and to have reviewed -- see if any additional emails could be recovered and to question Mills and Samuelson about how they engaged in that sort in order to see whether it seemed righteous and, you know, proper or whether there was anything, kind of, nefarious or questionable about it. The Department's view for months was that we would not be able to get into them, a court would not, sort of, grant us access, so we shouldn't bother trying. And that was a source of I wouldn't say constant conflict but regular conflict every'timelit came up. Because COMMITTEE SENSITIVE 20 COMMITTEE SENSITIVE quite early on we started pushing the Department to reach out to Mills' lawyer and -- Mills and Samuelson's lawyer to sort of start the process of trying to get into these laptops, and the Department was very reluctant to do so for the reasons that I've described. So you had the opportUnity, then, conceivably, to execute a search warrant -- if you're using the timetable you had mentioned -- back in February of 2016. You could have executed a search warrant and obtained those -- A Well, not without the Department, right? The Department has to we cannot on our own, the FBI cannot execute a search warrant without approval from the Justice Department. So was the Department pushing back on obtaining compulsory process to obtain those laptops? Because months, you say, go by. I mean, in your timetable from February to June, what is that A Ish. Let me just be -- 4 to 5 months? Four or 5 months passes before you are able to gain access to those laptops. A To the best of my recollection, yes. It's either February or March. I just want to put a little bit of hedge in it, because I'm not lee?percent certain. But I know that the conversations about whether to obtain the laptops and how to obtain the laptops is one that is ongoing. It is one that ultimately rises to the head of the OED, the Office of Enforcement Operations, which is the unit at the Justicanepartment who would have to approve a warrant on a lawyer because, of course, COMMITTEE SENSITIVE 21 COMMITTEE SENSITIVE these were all lawyer laptops. It rose to that individual, it rose to George Toscas, over the course of this 3 months or so. But, yes, there was an ongoing disagreement about whether there was utility to obtain the laptops and, if so, how to obtain them. So, in your experience, what may happen when a subject of an investigation is aware that the FBI is attempting to obtain evidence yet the FBI does not obtain it and months pass? What are the possibilities? A Obviously, there's the risk of destruction of evidence. I will note, however, that it's my recollection that those laptops had been sequestered by Mills and Samuelson's lawyer. So it's not don't believe that they were in the possession of Mills and Samuelson once we, sort of, started raising this question with the Department. It's my recollection that the Department informed Mills and Samuelson's lawyer that we had an interest in these and that she took possession of them. So destruction of evidence. Can you imagine any other possibilities if you fail to obtain the evidence and the subjectis aware of it? Ms. Jeffress. I'm not sure what the question is. Ms. Eagg, Yeah, I'm not sure. I'm sorry. BY MR. BREITENBACH: Any other possibilities in the in terms of a subject being aware that evidence is attempting to be obtained by the FBI yet the FBI does not obtain that compulsory. COMMITTEE SENSITIVE 22 COMMITTEE SENSITIVE A I think destruction of evidence is the big one. And you were never aware that destruction of evidence occurred? A Not to my knowledge, no. Thank you. BY MR. SOMERS: Okay. Then the second part of Art's question was disagreement about prosecutive techniques between the FBI and Were there any disagreements about techniques for prosecution? A No, because nobody thought that the evidence could sustain a prosecution. So What about, sort of -- I guess, what about impaneling a grand jury? Was there disagreement about whether a grand jury should be impaneled? A A grand jury was impaneled. But was there disagreement prior to the impaneling about timing? A Oh. I'm not aware. What about discussion about the statutes that should be charged or could be charged? A No, I don't think so. I mean, it was always fairly self-evident that we were looking at mishandling statutes. And, again, the evidence was just never there to sufficiently support, really, a prosecution. I mean, I think they even looked at Federal Records Act violations -- they, meaning the Department andthere COMMITTEE SENSITIVE 23 COMMITTEE SENSITIVE any statute. Mr. Breitenbach. Wasaagrand jury impaneled for the purposes of the email investigation? Ms. gage; Yes. That's my understanding. Mr. Breitenbach. Okay. Ms. Rage; I'm sorry. Can I consult with counsel for a second? Mr. Breitenbach. Yes. [Discussion off the record.] Ms. Sorry. Mr. Breitenbach. Are you aware of whether evidence was ever presented to the grand jury in terms of adjudicating a decision? Ms. Page. Nell, wait. "In terms of adjudicating adecision." Are you Ms. Bessee. Can I address? So I will instruct her not to answer any questions that go into the process of the grand jury. He can rephrase the question, but if it goes into the process of the grand jury, you will not be able to answer. Ms. gage; Well, why don't I answer -- I can't speak to whether any what activity was conducted before the grand jury. I can answer that no case was presented to the grand jury because that would have been an abuse of the grand jury. The Department is required to at least believe that you have probable cause in order -- probable cause that a crime has been COMMITTEE SENSITIVE 24 COMMITTEE SENSITIVE committed. I'm sorry, that's not true. The Department's rules require that to present a case before the grand jury you have to have a reasonable belief that the case can be proven beyond areasonable doubt. And we did not have that belief with respect to theClinton email investigation. And so we would not have put the case before the grand jury, essentially presented all of the evidence that we had collected to date, because, it's my I assessment -- although, again, this is just me, personally, talking based on my prior experience as a prosecutor, not with respect to what was conducted in this investigation. But it's my assessment that that would've been an inappropriate use of grand jury, because the prosecutors putting in that evidence would not have believed that there was a crime to be charged. Does that make sense? That was a little bit tortured. BY MR. BREITENBACH: Yes. But, as the FBI, did you make a recommendation or not as to whether to present it to a grand jury? A I don't know. So it would've been the Department A So let me clarify one thing. The grand jury was used to obtain evidence. Right? 50 there are certain things, for?example, like a subpoena of records, which would require the impaneling ofa grand jury and using tools before the grand jury in order Uaobtain evidence. That occurred. I am not, both substantively and also on advice of FBI counsel, COMMITTEE SENSITIVE 25 COMMITTEE SENSITIVE in a position to discuss what type of evidence was obtained by the grand jury. What I can say is that I do not believe there was ever any disagreement with respect to whether we needed to ask the grand jury to return an indictment. It would have been inappropriate to have presented all of the evidence collected, whether by grand jury subpoena or any other tool -- consent, search warrants, testimony, youknow, of other witness, interviews of witnesses. It would not have been appropriate to ask the grand jurors to return an indictment or to review the weight of the evidence where we did not believe that that case was prosecutable. But was that the FBI's decision to make? A No, it was the Department's decision to make. It was the decision made by the Department. At the end of the day, you're saying it was the decision of the Department -- A Yes. prosecutors not to present this to the grand jury for an indictment. A That is correct, yes. Thank you. BY MR. PARMITER: Can I ask a couple of additional questions regarding, sort of, the internal discussions and what was discussed? Was there ever, in your experience, any discussion at any of the COMMITTEE SENSITIVE 26 COMMITTEE SENSITIVE meetings involving Midyear about whether the act of setting up the server itself was problematic or whether that showed any level of intent? A I don't know. But you were never you never experienced anything like that. A I don't recall being present for a conversation like that. But, also, to the extent it may have occurred -- this investigation was opened in July of 2015. I don't become involved in it until February of 2616. So, to the extent there were questions about that, they may have been resolved before I was involved. Okay. How often, in your experience, does the FBI Director or the Deputy Director in the course of their ordinary duties access or review or, you know, have dealings with classified information? A Every single day. Every day. Okay. So what by being on a private server, would you agree classified information is not in its proper place? A By being on any unclassified system, whether private or _government, classified information should not have traversed it. That's correct. So, given your answers to both of those questions, do you think that, you know, assuming the Deputy Director or the Director had set up a private server of their own, just hypothetically, to, you know, transact government business, all of their business, would you say it COMMITTEE SENSITIVE 27 COMMITTEE SENSITIVE would be inevitable that classified information would pass over that server? A No, sir. So, at the FBI and at'the~State Department, we have three separate systems for each level of classification. So whether that system existed at the State Department or whether it existed on somebody's private server, inevitably if there was -- if it was somebody's private server, lots of unclassified governmentbusiness would traverse that system in the same way it does for, you know, the FBI's unclassified system or the State Department's unclassified system, but there's nothing inevitable about whether or if classified information would traverse that unclassified system. That certainly may happen occasionally on the FBI system, on an unclassified FBI?run system. It's called a spill. It's an inadvertent, sort of, passage of classified information on asystem in which it doesn't belong. But the same is true if you're dealing with Top Secret information and it traverses the Secret side; that's also a spill. So it's sort of indistinguishable whether the system itself is classified or unclassified, only in that it's not authorized to handle classified information. So would you so, okay. So is your answer is that if, you know, a Cabinet Secretary or the FBI Director was using a private server to conduct all of their business that it's not inevitable that classified information would pass through that server? A If they were using it to conduct every single thing they did. COMMITTEE SENSITIVE 28 COMMITTEE SENSITIVE But it's not -- my understanding is that the Secret side was used for Secret business and the TS side was used for TS business. So if every single thing they did That's at the FBI, though, correct? A Even at the State Department, it's my understanding. I mean, it was a much more cumbersome system, in part because the principals are constantly all over the world so the access tothese other classified systems is less readily available and so it's, sort of, more cumbersome, it's, sort of, harder. But if the question is, if every single thing that the FBI Director -- if all of the FBI Director's business was conducted on an unclassified system, whether FBI?run or privately run, then, yes, it is true, there would be classified information there. But those facts as you presented them are not my understanding of what occurred, obviously, either at the FBI or at the State Department. Mr. Meadows. Can I ask one clarifying question, Lisa? It appears, based on documents that we have, that there was a conscious decision in the MYE to go down one avenue in terms of prosecution or potential prosecution, and that is with the retention of classified information on a private server, not the disclosure of classified information. And, based on the documents we have, it looks like everybody focused on the retention but no one ever pursued the disclosure. Why was that made? COMMITTEE SENSITIVE 29 COMMITTEE SENSITIVE Ms. Egg; I -- Mr. Meadows. And would you agree with that characterization? Ms. Rage; I'm not positive. That's the thing that I hesitated about. So I'm not sure that I those were really activities that would have been handled at a lower level than I 'was involved in. These would have been the discussions -n Mr; Meadows. Right. Irlmost of the documents, the caselaw that they were looking at only dealt with retention, which, actually, disclosure is a bigger deal from a national security threat. And yet it didn't appear that anybody looked at that, based on the documents we've reviewed. Ms. P_agg_._ So my guess and this is I'm speculating here just based on my knowledge of what the statutes require is that disclosure requires intent. And so, particularly when we charge disclosure cases, it's often in the context, for example, of a media leak. Right? It's somebody who had possession of the information and disclosed it to somebody who was not authorized to have it. That's what those disclosure cases look like. And what was occurring on Secretary Clinton's server is all? people who were righteously entitled to the information and who had aneed to know it and who were using that information in the execution of their duties, but it was occurring on a system that wasn't appropriate for it. So I think that's why the focus was on retention. Mr. Meadows. And one more, and then I'll yield back. We have information from the inspector general of the COMMITTEE SENSITIVE 3O COMMITTEE SENSITIVE intelligence community that, I guess, initiated this entire investigation they'were'the ones that came before you -- that there were anomalies that would suggest that there was copies of every email going to a third party. And I know you heard that in the hearing the other day, but we've had substantial conversationsudth them. Is this news toyou today? Ms. P_agg It is. When I heard it in the hearing, it was -- maybe I had heard it one other time just with respect to, like, news things, but it was completely baffling to me. Mr. Meadows. Yeah. So -- Ms. I don't understand at all what that's a reference to. I do know that we gave the server again, I'm not a technical person, so this is going to be a little bit tortured here Mr. Meadows. Right. Ms. -- but that we took exhaustive efforts to look at whether there were any other intrusions, whether there was any exfiltration -- Mr. Meadows. And you're saying they found none. Ms. P_age_. Correct -- whether there was any exfiltration of data and -- Mr. Meadows. Well, we know that some but it was basically in the IG's report on how that came to pass. So, I guess, why would the investigative team not have had multiple interviews with Mr. Rucker, who brought it to the FBI's attention originally? COMMITTEE SENSITIVE 31 COMMITTEE SENSITIVE Ms. I Mr. Meadows. Because, according to the IG, you never interviewed him and never interviewed them other than the initial conversation that brought it. Why would that have Ms. P_age_. So I can't speak to that, because I don't know whether he I'm relying on your representation that he was not interviewed, but I also don't know whether he ever came to the FBI during the pendency of the investigation and provided that allegation. If he had -- Mr. Meadows. Well, that was the whole reason it was opened up, is my understanding, was him coming. They get it, they come to the FBI. And so you're saying that's not the case? Ms. I don't -- I am really trying Mr. Meadows. 0r that's not your understanding? Ms. That's not my understanding. Mr. Meadows. 50 how did this whole MYE start if it wasn't from the -- Ms. No, no. Mr. Meadows. inspector -: Ms. So my understanding and this is -- I amIMay out on a limb here, because this is not stuff I was involved in. But my understanding is that the IC 16 did refer the existence of the server to the FBI, but that was because of the existence of classified information on that server, not because of any anomalous activity, not because of potential intrusion activity. Because it's not my understanding that the IC 16 conducted any sort of forensic analysis COMMITTEE SENSITIVE 32 COMMITTEE SENSITIVE like that. My understanding is that, once it was made evident during the course of, I think, the FOIA production or maybe the production to Congress that there was some classified information which existed on a private email server, it got referred to the IC IG for those purposes, not related to intrusive activity. Mr. Meadows. So what you're telling me, it would surprise you to know today that, if there were anomalies, that the inspector general's forensic team found those before it was referred to the Ms. Eagg; That's correct. I'm not sure Mr. Meadows. Would that if that is indeed the fact, would that be a major concern to you? Ms. Lag; It would be a concern that we didn't know that or that that wasn't part of what they told us when they made the referral, but less so, sir, honestly because our forensic investigators are so phenomenal that, notwithstanding whatever the IC 16 may or may not have conveyed, I know we looked extensively at this question. Because that was a serious question. And to the extent that a foreign government or even a criminal outlet had had access to Secretary Clinton's private email server, that would have been something we cared very much about. And it's my understanding that there was no evidence that would have supported that kind of conclusion. Mr. Meadows. I yield back. BY MR. BAKER: Regardless of how phenomenal forensic investigators might COMMITTEE SENSITIVE 33 COMMITTEE SENSITIVE be, is it still possible that an extremely sophisticated foreign intelligence service could penetrate a server, could extract documents, could do a number of things without leaving a single forensic footprint? A It's pretty -- I mean, everything is possible, but it's unlikely. I think Friday's indictments are revelatory of that. You don't get better than the GRU, and yet we have identified by name the people involved in theDNC hacking. So I think it's quite unlikely. Okay. Are you -- following up on what the Congressman was saying, are you familiar with a private entity, privately financed, using private forensic resources, for lack of a better word, went looking for some of the emails from Secretary Clinton's server, her network, and, in fact, found at least one document on a foreign server? A I don't know what you're referring to, no. Okay. Mr. Breitenbach. We were produced information indicating that Mr. Strzok had indicated in an email that at least one Secretemail was accessed by a foreign party. Are you aware of that? Ms. gage, That may be true. I'm just not personally awarecrf that. BY MR. PARMITER: I believe on Friday, in discussing the statute that you were discussing, I believe, with Congressman Ratcliffe -- it was 793(f) of Title 18 -- you had said that that statute was deemed by to be COMMITTEE SENSITIVE 34 COMMITTEE SENSITIVE unconstitutionally vague. Is that correct? A No. The "gross negligence" that the "gross negligence" standard in 793(f), it was their assessment that it was unconstitutionally vague, yes. Were you involved in discussions about, you know, its vagueness? A I don't believe I was, no. Do you have any idea of why they believed it was unconstitutionally vague? A I mean, I presume they looked at caselaw in which it had been applied. I really don't know. I mean, I'm I am confident that it was based on their?own, sort of, research in consultation with others, but I don't have personal knowledge about what the Department did in order to come to that conclusion. Okay. Speaking their own evaluation of the statute, or did you just rely on DOJ's assessment? A I don't know. I did not. Okay. A I can tell you that. Speaking of caselaw, are you aware whether or not that statute has been used in military prosecutions or the frequency with which it was used in civilian prosecutions? I know you had said once in 99 years, but -- A I think that there -- this is straining my memory now, but COMMITTEE SENSITIVE 35 COMMITTEE SENSITIVE I think that there may have been one UCMJ, Uniform Court of Military Justice -- Code of A Code of Military Justice -- thank you one UCMJ case in which it was charged, but, again, if my memory serves so I may get this wrong, but if my memory serves, the defendant in thatcase had actually engaged in far more nefarious and suspiciousactivity, and so it was a plea down to that, right? So if you're pleading to something, then you don't really need to worry about I mean, if it's unconstitutional, it's still unconstitutional. But it was not the case -- again, my recollection is that it was somebody who had a hoard of classified information and then, when confronted, tried to destroy the classified information -- sortof, again, the indicia of knowledge and criminal intent that you will sometimes see. So, if I'm not mistaken, there was one UCMJ case, but I think that's it. So, speaking of a hoard of classified information, do you mean information that had been -- that was hard copies of physical documents? A Hard copies and I think even, like -- if I'm remembering right, and I could be mixing this up with another case, but, like, a thumb drive of classified information that they were notauthorized to have. So both hard copy and digital classified documents. Do you believe COMMITTEE SENSITIVE COMMITTEE SENSITIVE 36 [Phone ringing.] Ms. Go ahead, please. BY MR. PARMITER: Just, you know, your own perspective on this, do you believe that what would be more vulnerable, classified material on a computer server where it's not supposed to be or hard copies of classified material at someone's house? A Well, if you're talking about more vulnerable to a cyber attack, then obviously you need a computer in order for'that to occur. Okay. Do you sort of, going further down the line of, you know, whether 793(f) in particular and the "gross negligence? standardin particular are unconstitutionally vague, I mean, do you think that views that as sort of a dead statute that won't be charged anymore? A I do. Are you aware whether or not -- A I mean, just the "gross negligence" part of it. I don't have it in front of me to but and, as I said last week, I'nlby'no means an expert. Thank you. Go ahead. So are you aware of whether or not the Bureau ever sought or obtained any sort of compulsory process, whether it's a search warrant or something else, on the basis of 793(f) in particular? A I think so, but that would not have to have been the "gross negligence" prong. I think they could have relied on the second prong COMMITTEE SENSITIVE 37 COMMITTEE SENSITIVE of On (f)2 right there -- A Right. -- as opposed to A Yeah. And, again, I don't know what basis I shouldn't have answeredthat question. I am speaking out of turn. I do not know what statutes were alleged to the extent the Department sought compulsory process. I have no idea, so I shouldn't answer that. Okay. BY MR. BREITENBACH: If we were to tell you, though, that the search warrant was predicated on 793, is that something that would be normal, to base a search warrant and predicate a search warrant on a statute thatthe Bureau is being told is unconstitutional? A You're misunderstanding. So 793(f) has two parts to it. The second part so the first is, okay, whoever being entrusted with having lawful possession or control of any document relating tothe national defense, one, through gross negligence permits it to be removed or, two, having knowledge of the same, that it has been illegally removed, Shall be fined blah, blah, blah, blah, blah. So there would be nothing inappropriate for them to rely on the second prong of 793(f), which is regularly charged and is a perfectly common statute with respect to mishandling cases. There would be nothing inappropriate with respect to relying on the second prong of 793(f), in my view. COMMITTEE SENSITIVE 38 COMMITTEE SENSITIVE What are some of the factors that might rise to the level of "gross negligence,? in your opinion? A I don't know. I have done absolutely no research or review of this. I'm not in a position to answer that. Did Mr. McCabe ever ask you that as his lawyer? A He did not. Do you know whether Mr. Baker ever conducted any independent analysis on the factors that might have met a "gross negligence" charge? A I don't know. But, at the end of the day, this is the Department's determination. I mean, it is up to the Department to determine whether or not we have sufficient evidence to charge a case. So, even hypothetically, to the extent the FBI thought, you know, we have infinite evidence to support charge A, if the Departmentdisagrees, the Department is going to have the final determination because they are the prosecutorsnot aware of the particular factors that might be available in meeting that standard, then how would itknow whether to recommend to the Department to obtain any type of prosecution based on that standard? A I mean, the FBI has to -- necessarily has to rely on the Department's assessment of what's legally supportable under the law. So there's nothing inappropriate about that sort of reliance. I'm not saying that no research was conducted. I'm saying that I personally didn't do any. And to the extent it was conducted, I'm COMMITTEE SENSITIVE 39 COMMITTEE SENSITIVE just not aware of it as I sit here today. Mr. Meadowsclarifying question. Because I think this was an unusual case'where Loretta the.AG, said that she was going to be independent of it and that she was going to leave it up to the FBI. So, if you did no research and from a "grossly negligent" standpoint, how would you make the decision to prosecute or not if she was being independent of that? Ms. Rage; So, sir, I think that what she said was that she was going to leave it up to the career prosecutors, not up to the FBI. So, when she did her, kind of, half?recusal, she said that she was going to defer'tO'the recommendations of the career prosecutors in the case. Mr. Meadows. So what you're saying is that she halfway recused herself but not really because there was other D03 officials that were weighing in on that? Ms. Rage, I'm sorry, I should have been more clear. I can't speak to the recusal and whether it was appropriate or inappropriate or necessary Mr. Meadows. No, but your characterization Ms. gage; Oh, okay. Mr. Meadows. And I agree it's a half-recusal. Because, atthis point so are you saying that it was prosecutors at thatmade the decision on the "grossly negligent" versus "extremelycareless" narrative? Ms. Page. No. COMMITTEE SENSITIVE 4O COMMITTEE SENSITIVE Mr. Meadows. Or was that the Ms. P_age_. No, no, no. So, I'm sorry, I understand your question now. With respect to whether a charge could be sustained under the "gross negligence" statute, that's a determination made by the Department. With respectztolWr. Comey's July 5th statement, when he --in his first draft of the statement back in May, he used the word "gross negligence." I don't he used it intending to rely on its legal definition or not. With respect to the statement, we, the FBI, felt like it would be confusing and misleading to use the word "gross negligence"\vhen the information that we had received from the Department was that there was no charge sustainable under the "gross negligence? statute. And so we, the FBI, omitted the "gross negligence" words in his press conference statement and moved up the paragraph that already contained the ?extremely careless" language intoeadifferent spot h1his speech. Mr. Meadows. So, Lisa, why would you change that within 2 days of you know, you admitted the other day, on I think it was May the 4th, where you said now there was real pressure to get therx?itics out of it. And then we know within days that it was changed in what we call the exoneration letter. So why would that have changed at that particular point? Do you see how it looks badit's the that's just when we had we, the whole team, had received the draft. Right? So the COMMITTEE SENSITIVE COMMITTEE SENSITIVE 41 Director -- and I don't remember the exact date Mr. Meadows. But you received the draft before the text message that says, oh, my gosh, now he's the nominee. And so you had actually received it. We've got documents Ms. Is that right? I just don't remember the dates exactly, sir. Mr. Meadows. And so receiving ??iJ:was not after'that. You got that, and then all of a sudden within 48 hours it's changed. And as a reasonable person, you look, well, there's this statement and then all of a sudden it was changed. And you're saying that that had nothing to do with it? Ms. Yeah, I don't I'm not sure I'm totally following you, sir. I'm sorry. Mr. Meadows. Okay. Well, I'll be clear -- Ms. I'm sorry. Mr. Meadows. -- because I want you to follow. Ms. Yeah, yeah, yeah. Mr. Meadows . And you know that I've appreciated your willingness to help. When you said that we had to get politics out of it and you changed -- Ms. Page. The pressure. I think what I said was that -- Mr. Meadows. -- the pressure ramped up. Ms. Page. now that it was a two?person race I'm going to try to find thevtext itself. But now that it was a two-person race, COMMITTEE SENSITIVE 42 COMMITTEE SENSITIVE the pressure to finish it had sort of increased. Mr. Meadows. Right. So the memo was May 2nd. Ms. Rage; Okay. Mr. Meadows. Your text message that we've got to clear this up was May 4. Ms. Rage; Okay. Mr. Meadows. And then we know it was changed by May 6. And that's a real problematic timeframe that would indicate that all.of a sudden we've got to get this cloud from over, you know -- - Ms. Rage, Oh, I see. Mr. Meadows. -- Hillary Clinton and we better change -- and it's just -- it looks suspicious. Ms. Rage, I see what you'resaying, sir. I don't know if this is reassuring;at all, but the decision to change the statement, to omit the "gross negligence" language from the statement, was actually not either me or Pete's recommendation. It was another lawyer. I don't know if this is any consolation, but Mr. Meadows. Yeah. We've got the email chains. So who was the other lawyer? Ms. I'm Mr. Meadows. That's a closed case. You should be able to tell us. Ms. Rage; I have been told by the FBI that people, other than myself, who are we're not, sort of, providing that. Mr. Meadows. So you' re saying this is someone lower than a 65?15 COMMITTEE SENSITIVE 43 COMMITTEE SENSITIVE that made that kind of decision? Ms. Rage; Well, it's not a decision; it's just legal advice, right? So there were a group of us -- Mr. Meadows. You?re saying someone lower than a 65-15 make a legal decision Ms. No. It wasaiGS?15. It's not lower than. It was a 65-15. 50 we had received Mr. Meadows. 50 was it Ms. Moyer? Ms. We had received the draft of the statement. A group of us had gotten together in order to consolidate our comments so that we were not providing back to the chief of staff to the Director four separate drafts that they had to now reconcile. Mr. Meadows. Right. Ms. Rage; So the four of us got together. We were sort of reviewing it, sort of, step by step. And the recommendation was: I don't think that we should use this phrase, "gross negligence," because it has an actual legal term. And it was our collective understanding that the Department did not think that and we agreed -- that there was not sufficient evidence to support both "gross negligence? and that, more importantly, it was not a sustainable statute because it was unconstitutionally vague and never charged. And so we, really, sort of, as a collective but on recommendation of counsel, removed that language and moved up the "extremely careless" paragraph. COMMITTEE SENSITIVE 44 COMMITTEE SENSITIVE Mr. Ratcliffe. Ms. Page, let me ask youa question. How well do you know Jim Comey? Ms. Eagg, How well do I know Jim Comey? Mr. Ratcliffe. Yeah. Ms. Eagg; I mean, he's not my personal friend, but I've been in a lot of meetings with him. Mr. Ratcliffe. Did any of the other folks that you're referencing in connection with making the change have more prosecutorial experience than Jim Comey? Ms. No. Mr. Ratcliffe. As someone that knows Jim Comey, is he a person that chooses his words carefully? Ms. He is, yeah. But I Mr. Ratcliffe. Would he throw around a term like "gross negligence" not really meaning gross negligence? Ms. gage, In this case, I actually think so, sir, but Only because it's a term that obviously heluas-familiar'with in the statute, but as DAG I am certain he would not have ever seen such a case. And the truth of the matter is 793(f) is not necessarily aparticularly controversial statute; it's one that's used with some regularity. And so I'm not sure, as I sit here today, how familiar with the detail and the specifics of 793(f) he would have been. So my guess is he's trying to use a term that makes sense, that has sort of a commonsense feel to it, which "gross negligence"does and obviously appears in the statute. But it was sort of our assessment COMMITTEE SENSITIVE 45 COMMITTEE SENSITIVE that to use that phrase, because'it does have a.1egal meaning, but then to not charge gross negligence, as we knew it was not supportable, would just be confusing. Mr. Ratcliffe. But you knew it was not supportable because the Department of Justice told you that it wouldn't be supportable. Ms. Bagg, That's correct, sir. Mr. Ratcliffe. So you accepted that as the basis for which you wanted to make that change? Ms. That's correct. Mr. Meadows. I think we're out of time, but one last question real quickly. So you made that determination without having interviewed the last 17 witnesses and Ms. Clinton? Ms. Eagg; Yes, sir, because the legal determination wouldn't have been affected by the factual -- the facts, sort of, that may have come out of those investigations, right? So let's assume things are going swimmingly and, in fact, all 17 of those witnesses admitpurpose, we totally wanted to mishandle classified information," gross still have been off the table because of the Department's assessment that it was vague. We would have other crimes to now charge, but gross negligence would not have been among them. Mr. Meadows. Thank you. [Recess.] COMMITTEE SENSITIVE 46 COMMITTEE SENSITIVE [12:19 Ms. Kim; We'll go back on the record. The time is 12:19. Thank you for being here, Ms. Page. EXAMINATION BY MS. KIM: Where you left off that discussion with Mr. Meadows, I just want to read you back testimony that you gave last week and see if that is responsive to the question. So you said it was the FBI team's understanding that, quote, "we neither had sufficient evidence to charge gross negligence nor had it ever been done because the Department viewed it asconstitutionally vague." Is that correct? A That's correct. And so you said that: When we saw'the term gross negligence in the Director's statements, we were concerned that it would be confusing to leave it in there because it was our understanding that we did not have sufficient evidence nor the sort of constitutional basis to charge gross negligence. Is that correct? A Correct. And so you said what you actually did was you didn't change the language. You and this is me directly quoting you. "We didn't actually change gross negligence to extremely careless. We removed the gross negligence language." COMMITTEE SENSITIVE 47 COMMITTEE SENSITIVE Extremely careless had already appeared in that draft, so it was Director Comey's language, was it not? A That's correct. (2 And we moved that draft up earlier we moved that paragraph earlier in the draft. So it was not a substitution. It was simply an omission of the phrase gross negligence because the legal team believed it woulclbe confusing. Is that correct? A That's correct. Thank you. Ms. Page, there have been some other representations made about your testimony last week already in the press. I think one representation that has been made to the press is that there was an inconsistency in the way that you read a text versus the way that Mr. Strzok explained the text. I would like to read your testimony about that text to you. The text I'm talking about is the "menace" text? A Okay. So you stated when you were confronted with the text: "Well, I'm not certain, to be honest with you. I think it's Donald'Trump, but the reason I'm hesitating is because this is so close in time to the opening of the Russia investigation that the concern that we all had was there was a member of his campaign colluding with Russia was so great that I'm not I'm not 196 percent positive that I can split COMMITTEE SENSITIVE COMMITTEE SENSITIVE 48 those." Do you recognize that as your testimony from last week? A Yes. Mr. Strzok, when asked about that same text, stated: "Sir, my understanding of the word 'menace' and the use of 'menace' was the broad context of the'Government of Russia's attempts to interfere with our election. To the extent those allegations involved credible information that members of the Trump campaign might be actively colluding, I see that as a broad effort by the Government of Russia. 50 I don't think you can tease it apart, sir, but it is inaccurate to say that it just meant Mr. Trump." Given those two statements, would you agree with the characterization that those two were incompatible statements? A 50 I think that we're trying to say the same thing. He probably said it more artfully. But, again, because this text is coming so close in time and it involved my both feeling about my personal distaste for Donald Trump as a person, but also my now concern because of the predication we had received whicrlwould open the investigation, I think that what we are saying essentially is consistent. And ultimately, it's his -- you know, this is sort of ??1~hatever I intended may not have been ultimately what he perceived. Soit's hard to say that there is an absolute truth with respect to that -- that statement. I guess the other thing I would say -- well, I guess that's sufficient. COMMITTEE SENSITIVE 49 COMMITTEE SENSITIVE (2 And, Ms. Page, I think in beginning that colloquy on Friday, you said you weren't certain. So that suggests to me that maybe you don't remember precisely what you intended. Is that correct? A I do not. And I think I also said that -- I'm clearly referring to an article or an op?ed that, I guess was about other GOP leaders who weren't standing up to the President and my-Frustration about that. So I don't know to the extent that that was also informing what I was thinking about, but I have, as I sit here today, can't tell you concretely because it was just a sort of flash in time. Understood. Thank you. And then one more thing. You were asked on Friday againabout the Christopher Steele dossier and how it came to the FBI. I believe you claimed that you were not really involved with how the dossier came to the FBI so you weren't clear on its.providence. Is that correct? A No, that is not correct. I am very clear about its providence. Oh, you're very clear about its providence? A How we received the reports from Christopher Steele, yes, I am very clear about how we received those. Certainly. So are you also clear then as to whether Bruce 0hr gave those dossiers to the A This is in the category of things that I can't answer. COMMITTEE SENSITIVE 5O COMMITTEE SENSITIVE What I can say is when we first received the set of reports that are commonly referred to as the dossier, that initial ourhaving obtained those documents initially, did not come from Bruce 0hr. They came from Christopher Steele through his handler to the FBI. Understood. Thank you. BY MS. HARIHARAN: I just want to good morning. A Good morning. Please go ahead. I'm sorry. I just want to go back quickly to the discussion about the differences between the D03 and the FBI on compulsory process and just general legal or investigative differences that may have existed during the Midyear investigation. So generally speaking, when thereTNerecdisagreements between the FBI and D03 on how to seek evidence, what was the 003's position, as far as you can characterize? Like in the sense would the FBI generally want to purSLmea more aggressive stance and D03 was more conservative, and is that common in investigations overall? A Yes. That is true with respect to this investigation. I think that even the IG found that the FBI consistently wanted to take more aggressive steps in the Clinton investigation. It's hard to characterize, you know, two enormous institutions of many tens of thousands of people monolithically. But certainlyin the counterintelligence realm, the Department tends to be quite cautious and quite conservative. And in the case of the Midyear investigation, do you think COMMITTEE SENSITIVE 51 COMMITTEE SENSITIVE the career prosecutors that disagreed on pursuing a moreaggressive stance, this was based on legitimate legal differences of opinion or was it something on a was there a political bias involved or -- A I'm not aware of any political bias. In the inspector general's report, on page 79, I'm just going to quickly read the quote. Quote: "Despite the public perception that the Midyear investigation did not use a grand jury and instead relied exclusively on consent, we found that agents amdprosecutors did use grand jury subpoenas and other compulsory process to gain access to documentary and digital evidence. According to the documents we reviewed, at least 56 grand jury subpoenas were issued, 5 court orders were obtained pursuant to 18 USC 2763(d) orders, and 3 search warrants were granted,? end quote. Were you part of any of the decisions to issue one of the 56 grand jury subpoenas? A I was not, no. Or the 2763(d) orders? A No. Were you part of any of the decisions to issue the search warrants? A I don't think 50. Generally speaking, can you speak to why the FBI advocated for the use of compulsory process in this case? A I can't really 0r before. COMMITTEE SENSITIVE 52 COMMITTEE SENSITIVE A Yeah, I can't answer that question in the abstract. 50, I mean, if'there's a specific example you want me to speak to, I can try, but So, again, it's just -- we're trying to understand what the difference between DOJ's approach to the case versus the FBI's approach. And so, again, in your experience, was the differences based on legitimate legal arguments or a strategic argument? A I'm sure that's true, yes. BY MS. KIM: So let's take from the abstract to the specific. 50 I think you were talking about the culling laptops and the server, the decision whether to pursue those through compulsory process or to obtain those through consent agreements. In your interactions with Department of Justice personnel, were their'arguments that those should be pursued through consent processes governed by what you saw as differences of opinion from you that were legitimate and grounded in legal justification? A Yeah, I would say so. We what I personally found frustrating is the Department would sort of make a determination that -- part of the argument was that we would not be able to obtain the laptops pursuant to compulsory process, which I -- as to nwlown personal experience -- disagreed with. I thought that we would be able to. Maybe there might be strategic reasons not to, there might be other reasons not to. But I disagreed sort of foundationally that it would not be COMMITTEE SENSITIVE 53 COMMITTEE SENSITIVE available to us because we would not be able to make out the standard, or to be able to pierce attorney?client privilege, or more likely, in my view, there was a disagreement about whether it was the sorting activity conducted by Mills and Samuelson was opinion workproduct, which is quite protected under the law, versus some other privilege. And so the frustration was in their sort of unwillingness to explain their reasoning. They sort of, for many -- for some time simply stated, as a matter of course: We can't, and we won't be able to. And it was my view that that was not the case. And I did my own research with respect to that topic because I was frustrated. And so we had sort of an ongoing back and forth about that. But, yes, it was grounded in, you know, legal disagreement ultimately. And was it the subject of rigorous and vigorous debate? A Yes. Extensive debate where you were free to express your point A Yes. And extensive debate where the DOJ did eventually express its point of view about its strategic justifications? A Yes. And do you have any reason or evidence to believe that those strategic decisions were based on improper considerations, including political bias? COMMITTEE SENSITIVE 54 COMMITTEE SENSITIVE A No, I do not. I have no reason to believe that. Ms. Hariharan. Did any of the senior political leaders of the DOJ intervene at all in the decision to seek or not seekcompulsory process? Ms. Eagg, With respect to that decision, yes. So this was very much a -- we were at very much a standstill for a considerable amount of time. And it's my understanding -- I know for sure that Mr. McCabe had multiple conversations with George Toscas on the topic because we all, including up through the Director, just agreed that we could not credibly end this investigation without having attempted to obtain those laptops and search them. And we were sort of not making progress trying to explain or convince the Department prosecutors, the line prosecutors involved in the investigation, of this feeling. And even though we kept invoking the Director, and we would sort of say, like, we are not going to close this thing until we have tried to get this, they didn't see it as useful. They didn't think it was going to change the outcome of the investigation, which we agreed with. We didn't have a reason to think it would change the outcome of the investigation. It wasn't about thinking that for sure there would be different evidence in those laptops. It was about our credibility to beeable to say that we ran down every sort of necessary investigative lead. And so because we had sort of reached a stalemate a number of times on this discussion, I know that it was elevated to certainly the Deputy Director and George Toscas. COMMITTEE SENSITIVE 55 COMMITTEE SENSITIVE If I'm not mistaken, I think that even the Director may have had a conversation with Sally Yates, the DAG, about it, but I'm not positive. If it occurred it's in the IG report, but I don't recall exactly. BY MS. KIM: So that call seems to be DOJ expressing at the highest or excuse me the FBI expressing at its highest levels the decision to pursue a certain investigative step and convincing the Department to come along with the FBI's reasoning. Is that accurate? A Not its legal reasoning, but its strategic reasoning, yes. That's yes. Thank you. Are you aware of any instances wherexit went the other way, where the FBI wanted t0'take strident action but a senior political official at the DOJ had to talk the FBI down in the Clinton email caseyou look puzzled, so I mean A Yeah, I Let the record reflect you look puzzled. A Okay. Let my try to explain a little bit more clearly what Inhean. I think the concern here is that there was a Democratically led political DOJ in charge of an investigation where alorominent Democrat was the subject and target. Are you aware of any instances where senior political leaders at the Department of Justice intervened to counsel or order the not seek a compulsory process? COMMITTEE SENSITIVE 56 COMMITTEE SENSITIVE A No, not to my knowledge. So you are not aware of Loretta or Sally Yates intervening to stop the A No, not to my knowledge. BY MS. HARIHARAN: Okay. So I just want to move on to just sort of general questions about the FBI'sinvestigative techniques. And I knowsome of these this was somewhat addressed earlier, but just to clarify a couple things. On May 18th, 2618, President Trump tweeted, quote: "Apparently the D03 put a spy in the Trump campaign. This has never been done before. And by any means necessary, they're out to frame Donald Trump for crimes he didn't commit," end quote. Are you aware of any information that would substantiate the President's claims that the D03 put a spy in the Trump campaign? A No. Does the FBI place spies in U.S. political campaigns? A Not the current FBI. Are you aware of any information that would substantiate the President's claim that is out to frame him? A No. In your experience and this goes back a little bit to our discussion on Friday about contacts with human informants does the FBI use spies in any of its investigative techniques? A We call them sources. They're not spies exactly, but COMMITTEE SENSITIVE 57 COMMITTEE SENSITIVE Can you, as much as again, understanding you were not a counterintelligence official -- can you explain for the record the difference betweenzahuman informant as the FBI specifically uses that term and sort of the layman term that is often used in the mediatrf a spy? A The spy is somebody acting on behalf of a foreign government in order to collect intelligence against that government. So, you know, a spy is commonly, you know,?discussed with respect to like an individual who is acting on behalf of a foreign government -- say, like Russia or China or, who knows, Iran -- and is in the United States trying to collect information in order to advance its country's goals. A confidential human source is somebody who has access to information which may be relevant to an FBI investigation or may, him or herself, have engaged in criminal activity and has agreed to cooperate'with the government and collect additional information with respect to the criminal activity he or her was he or shelwas engaged in. Have you been involved in any investigations where the FBI did not follow the established procedures on the use of confidential human informants? A Me personally? Not to my knowledge. Have you ever been involved in a or FBI investigation conducted for political purposes? A Never. COMMITTEE SENSITIVE 58 COMMITTEE SENSITIVE Have you ever been involved in a or FBI investigation that attempted to frame U.S. citizens for crimes they did not commit? A No, ma'am. Have you been part of any investigation where the FBI or used politically biased, unverified sources to obtain a FISA warrant? A No. Are you aware of any instances where the FBI and D03 manufactured evidence in order to obtain a FISA warrant? A Never. Are you aware of the FISA court ever approving an FBI or warrant that was not based on credible or sufficient evidence, in your experience? A No, not to my knowledge. Are you aware of any attempts by the FBI or to intentionally mislead FISA court judges in an application for a FISA warrant by either omitting evidence or manufacturing evidence? A No, ma'am. Are you aware of any instances at the FBI and of an investigation failing to follow proper procedures to obtain a FISA warrant? A No. I'm going to quote the President when I say this. On May 29th, 2918 he tweeted: hereby demand and will do so officially tomorrow that the Department of Justice look into whether or not the infiltrated or surveilled the Trump campaign for political COMMITTEE SENSITIVE 59 COMMITTEE SENSITIVE purposes and if any such demands or requests were made by people\~ithin the Obama Administration!?, exclamation point, end quote. Does the FBI conduct investigations to frame U.S. citizens for crimes they did not commit? A No, ma'am. Then at a political rally on May 29th, 2618, the President again stated, quote: "So how do you like the fact they had people infiltrating our campaign?" end quote. Did the FBI or ever investigate the Trump campaign for, quote, ?political purposesever, quote, "infiltrate or surveil," end quote, the Trump campaign? A No. (2 To your knowledge, did President Obama or anyone in his White House ever, quote, "demand or request," end quote, that the or FBI, again, quote, "infiltrate or surveil,? end quote, the Trump campaign for, quote, "political purposes"? A No, ma'am. Mr. Krishnamoorthi. I just have a couple of quick questions for you. First of all, I know that we covered this a little bit, I think, on Friday, but can you talk a little bit about your role'on'the Clinton investigation? How did you View it? And what was kind of the limitations on your authority? COMMITTEE SENSITIVE 60 COMMITTEE SENSITIVE Ms. Rage, So, as I have tried to describe, I'm not on the team with respect to so the team is comprised of the following: case agents, like line agents who are doing sort of the day?to?day investigative activity, line engaged in the sanmeactivity, a supervisor, forensic people, I think a forensic accountant,cyber people, support staff, and then, up the chain, sort of more senior FBI agents supervising the investigation. I am none of those people -- lawyers, of course -- I am none of those people. My job was to support the Deputy Director in all the activity that the Deputy Director supervised. So we're talking today just about the Clinton investigation and the Russia investigation, but, of course, I assisted the deputy with all of the responsibilities, save for limited ones like HR and budget and sort of personnel?type matters, all of the activities ftw?which he was responsible. So that would be any number of investigations at any given time. And with each of those I played both sort of a sounding board-type of role, to sort of discuss my opinion or his View as to what particular step we should take or whether we should, you know, brief theIMhite House or Congress or X?activity or Y?activity. So at a very high-level kind of macro?decisionmaking on all manner of activity, but also to stay kind of with my ear to the ground on the topics that would sort of come before him. So, for example, if there was a meeting that was going to be held about a particular cyber operation or some type of activity, I might COMMITTEE SENSITIVE 61 COMMITTEE SENSITIVE reach out to the program managers who were responsible for that activity in order to get a sense of what this is, why is it coming to the deputy, is there a conflict, is there a disagreement Mr. Krishnamoorthi. Got it. Ms. you know, was he going to be deciding something, so that we had a little bit of preparedness -For the topic that was coming to him. Mr. Krishnamoorthi. Got it. So just so I understand it, basically you don't have any supervisory role -- Mr. Page, No, sir. Mr. Krishnamoorthi. -- with regards to this investigation? You're not a member of the team on this investigation, correct? Ms. Page. That's correct. Mr. Krishnamoorthi. You don't have a supervisory role, certainly. Ms. Page. I do not have a supervisory role or a decisionmaking role. Mr. Krishnamoorthi . And what percentage of your overall time was spent on this investigation? Ms. Eagg, Oh, my goodness. Mr. Krishnamoorthi. If you just had toballpark it. Probably a minimal amount, wouldn't you say? Ms. Bagg, No, it wasn't minimal, but it wasn't the majority either. Gosh, I really I have I cannot speculate COMMITTEE SENSITIVE 62 COMMITTEE SENSITIVE Mr. Krishnamoorthi. 50 less than 50 percent of your time. Ms. Yes, that's fair. Mr. Krishnamoorthi. Okay. So let's say, let's say that you had these political views expressed in your text messages -- and you can see why people would be concerned about that. And let's say you wanted to railroad this investigation a certain way. Ms. The Clinton investigation. Mr.Krishnamoorthi. and you wanted your political views to actually translate into biased actions. It seems to me that you had no opportunity or ability to do that because you had no supervisory role on this investigation team, you weren't a member of this team. Even if you wanted to, you'd have to go through your Deputy Director McCabe to do anything in terms of taking action. Is that right? Ms. Baggy That's fair, sir. I guess -- Mr. Krishnamoorthi. So -- go ahead. Ms. ?ge; I guess the other thing I would flag is that I think I mean, obviously you, the public, many have tens of thousands of my texts. I think there are, I don't know, maybe two or three total in which there's anything favorable said about Hillary Clinton atall. And the note -- the fact that before July 28th when we received the predicating information for the Russia investigation, the fact that I didn't care for Donald Trump is not particularly relevant to me with respect to the investigation we were conducting onf?llary Clinton. The two of them had nothing to -- you know, my opinions on him COMMITTEE SENSITIVE 63 COMMITTEE SENSITIVE had nothing to do with whether or not she in fact handled mishandled classified information. You know, I don't I don't -- what's been frustrating and what has sort of strained credulity to me is that the sort of pejorative texts about Donald Trump that I make before July 28th are just my feeling about him personally and don't really have any bearingm?th respect to how I feel about Secretary Clinton. 50 it just anyway, it just strikes me as how I feel about Donald Trump doesn't really have any bearing with respect to whether or not Secretary Clinton mishandled information. And the reality is, as I've sort of said, I wasn't particularly fond or favorable toward Secretary Clinton. And during the course of the investigation, you know, as we've discussed a number of times, both Pete and I were regularly the people advocating for the most aggressive course of action with respectto the Clinton investigation. Mr. Krishnamoorthi. And what would be, in your view, kind of the best example that would show that you took that type of approach? Ms. Rage; It was true certainlywuith respect to the laptops that we've discussed. I mean, we were we were -- sort of adamantly fought the need to get those laptops, which Secretary Clinton's people were adamantly fighting us sort of not to obtain, and the Departmentdid not want us to obtain those. Let me I'll have to think about other examples, but there's, I think, two or three that at least I discussed with the 16 in the COMMITTEE SENSITIVE 64 COMMITTEE SENSITIVE past, that where we sort of disagreed with the Department. And ii:was Pete and I sort of advocating the more aggressive position against Secretary Clinton. Mr. Krishnamoorthi. Got it. Okay. If you guys want to take it. Thank you. Ms. You're welcome. BY MS. KIM: Ms. Page, Republicans have repeatedly raised questions about why the FBI did not provide the Trump campaign with a defensive briefing about Russians attempt to infiltrate the campaign. We understand from public reportings that senior officials from the FBI gave a high?level counterintelligence briefing to theTrump campaign after he became the presumptive Republican nominee in July 2016. In that briefing we also know that FBI officials reportedly warned the Trump campaign about potential threats from foreign spies and instructed the Trump campaign to inform the FBI about any suspicious overtures. Did you have any involvement in giving these briefings to the Trump campaign? A I was not present for the briefings to the Trump campaign, no. Did you receive readouts from the briefings? A I did. Is it true that senior FBI officials warned the Trump COMMITTEE SENSITIVE 65 COMMITTEE SENSITIVE campaign as early as July 2016 that Russians would try to infiltrate the Trump campaign? A I don't recall that specifically, but I don't have any reason to disagree with you. Would the briefing have touched on how the campaign should react to offers from foreign nations to interfere elections? A I don't think a briefing would have been that specific. I think we would have as is the case in a typical defensive brief I think that we would have flagged if you encounter activity which you believe is suspicious, particularly from threat countries, that they should notify the FBI. To your knowledge, did the Trump campaign report any contacts with foreign officials during this briefing? A I'm not sure. So are you aware of the Trump campaign reporting contacts between George Papadopoulos and Russian officials? A Oh, no, I don't believe that occurred. Do you recall the Trump campaign reporting the June 2016 Trump Tower meeting with senior campaign officials includinglmonald Trump Jr., Jared Kushner, and Paul Manafort? Mr. Bessee. So I will sorry -- I will instruct the witness not to answer anything that goes into the special counsel's equities and the ongoing criminal investigation. So that would impact that particular Ms. Kim. Thank you. COMMITTEE SENSITIVE 66 COMMITTEE SENSITIVE Ms. Egge, Thank you. Sorry. Ms. gig; Two weeks after this briefing, on August 3rd, 2916, Donald Trump Jr. reportedly met at Trump Tower with an told Donald Trump Jr. that the princes who led Saudi Arabia and'the United Emirates were eager to help his father win election as President. To your knowledge, did Donald Trump Jr. report this offer from the Saudis and the Emiratis to the Mr. Bessee. Again, anything that goes into the ongoing criminal investigation or anything that impacts that, the witness will not respond to -- will not be able to respond to those questions. Ms. Kim; Thank you. BY MS. KIM: Ms. Page, can you explain generally the national security implications for a political campaign concealing or failing to report foreign contacts of offers to interfere in our election? A Well, this is I'm not sure it's a commonplace occurrence. But speaking generally, an effort to affect an American electionis obviously a quite serious one, regardless of voting and the democratic process is obviously sort of a foundational backbone to what makes America America. So any effort by a foreign power to intercede or intervene in any way is of grave concern. It would be even more so if it was in fact true that a political campaign was working with a foreign power in order to affect an American election. COMMITTEE SENSITIVE 67 COMMITTEE SENSITIVE And again to your knowledge, a defensive briefing of this nature would have involved general instruction to report outreach from target foreign countries to the A I'm sorry, I don't -- I have to take issue with the nature of your question. You're suggesting that a defensive briefing with respect to an involvement or an intrusion into the American election may have taken place and I don't think I have answered that question. What I have answered is that I am aware that a defensive briefing with respect to foreign powers and what foreign powers may -- how foreign powers may try to contact you collective -- your campaign collectively, now that you are the presumptive candidate, and how you should handle that. But I don't think I have answered a question with respect to a defensive briefing about interference in an American election. That is fair. Thank you for clarifying. And in a general defensive briefing about general foreign threats, is thereaageneral guidance given that foreign threats should be reported to the A Yes. Thank you. I think that leads us to -- leads us well to the question of why the FBI, particularly the counterintelligence officials at the FBI1who were working both on the Midyear investigation and on the Russia collusion investigation, were prioritizing the Russia collusion COMMITTEE SENSITIVE 68 COMMITTEE SENSITIVE investigation in the September/October timeframe. The inspector general's report was not favorable to Mr. Strzok in this regard. It characterized his prioritization of the Russia collusion investigation as perhaps indicative of some kind of political bias. I think you were there. You saer. Strzok's workload. And you were intimately familiar with both investigations. Do you have a general response to that finding by the inspector general? A I do. I am honestly baffled that they would find such a thing. And I do believe that they did the best they could to conduct that investigation fairly. And I cannot understand, particularly in light of what I know I said to them, I cannot understand how they could reach that conclusion. What we were dealing with at the outset was -- this is now, you know, October. This is a month before the election. And I can't speak to whether we were any closer to there was in fact collusion, because I'm precluded from doing so right now, but we are still looking very seriously at whether our most threatening, most hostile foreign power was engaged in -- was working with an American political candidate or members of that candidate's team to affect the outcome of an American election. It is an unheard?of investigation, in the first place, in the counterintelligencerealm. activity, but this was a new height in terms of brazenness if COMMITTEE SENSITIVE 69 COMMITTEE SENSITIVE true in terms of brazenness. And with respect to how threatening that would be -- again, if it were true -- the notion that there might be more emails that have not previously been seen that existed on Hillary Clinton's email server just simply don't even enter into the realm of the same room of seriousness. The Clinton investigation involved activities that had taken place 3 years prior. It's an entirely historical investigation. Even if -- even if there had been dispositive evidence which revealed I don't know what even there, which would be a very serious allegation, in my assessment, and I think in the assessment of the Counterintelligence Division, they still don't even come close to the threat posed if Russia had co-opted a member of a political campaign. 50 that alone is really baffling to me, that they equated the sort of two investigations. Furthermore -- and this is based on my own personal knowledge almost as soon as we discovered that there may be these additional emails, that was assigned to people who were not involved in the Russia investigation. 50 it would not have been Pete' responsibility in the first place to have engaged and conducted that investigation. He's the leadr0 Yes. Okay. One final question on an unrelated topic. You had indicated your role as an assistant to Mr. McCabe was to go to different meetings and sort of bridge back what had happened in these meetings or something like that. A Yeah. (2 Are you aware of any meetings or did you hear discussion about the sophistication level of Secretary Clinton as it related to handling of classified information or emails and communications in general, that she either was or was not sophisticated, and that would have been part of the discussion regarding charging? A I I'm not sure if I can tie it to your last statement. COMMITTEE SENSITIVE 198 COMMITTEE SENSITIVE It's possible. But I was a part of I was a part of the sort of general briefings that the Director or the Deputy Director had as we gathered more evidence in the Clinton investigation. And I don't remember whether it came out of Secretary Clinton's interview or interviews with some of her senior staff or both. But yes, we did come to learn that Secretary Clinton was not particularly sophisticated when it came to technology and the use of computers. I mean, she was not a sophisticated cyber user. Was there ever any evidence or any dissent in opposition to that View? A Oh, not to my knowledge, no. You had mentioned earlier that Mr. Priestap Mr. Somers. Can I ask one question? Mr. Egkgr; Sure. BY MR. SOMERS: What about her sophistication in terms of knowledge of classification and what classified documents looked like? A She had that knowledge. Yeah. I don't -- Well, because in her the 302 of her interview, for instance, she says that she did not wasn't aware of what the in parentheses at the beginning of a paragraph meant. A ?Yeah. I mean, that's not that doesn't shock me. I mean, without the without the rest of the sort of header and footer and cover page. Should she have? Yeah, probably. But like on a single line COMMITTEE SENSITIVE 199 COMMITTEE SENSITIVE randomly in the middle of an email, I don't find that terribly offensive to my sensibilities, but -- I'm just bringing that out as an example of whether -- what you saw as her level of understanding of markings on documents and things. A No, I think she I have no personal knowledge of this, but given her history in government and her position, I would expect her to have had, you know, some sophistication with respect to classification. Mr. Parmiter. On what did you base the conclusion that she was not particularly technologically sophisticated? Ms. I think both based on her statements about her understanding on how a server works and my understanding and I never read her 362, but my understanding is -- at least I don't think I did is based on what was briefed to the deputy and theIDirector, was like as technical questions were asked of her, she lacked the ability to answer them, as well as other people who were interviewed sort of had consistent statements with respect to her technical sophistication. BY MR. BAKER: Are defensive briefings just for Members of Congress, or would Cabinet secretaries also get them if they were potentially targeted? A Oh, certainly. I mean, any -- a defensive briefing would go to any person in a position to have sensitive national secrets and/or COMMITTEE SENSITIVE 200 COMMITTEE SENSITIVE interactions or exposure with people from foreign countries. Do you know if Secretary Clinton had any in her role as Secretary of State? A Defensive briefings? Yes. A I have no idea, sir. Is it likely that she could have? A Entirely plausible, sir. But it would -- again, like there's a difference between a general CI brief, which is you're traveling to this country, beware of these things, versus, you know, we understand that Joe Smith has reached out to you to schedule a meeting, you should be aware that intelligence suggests that Joe Smith is blah, blah, blah. So -- A That's -- the latter is a defensive briefing. Sure. In addition to the specifics of who might be trying to do something to you as the Congressperson or the Cabinetmember, is there a boilerplate that would almost go with any defensive briefing as to the how a hostile actor might try to exploit your position, exploit a meeting? A I would expect 50, but I don't have personal knowledge of it. Would you guess if there was that part of that would be that email communications and communications in general and weaknesses in networks would be an area for exploitation? COMMITTEE SENSITIVE 201 COMMITTEE SENSITIVE A I'm not really sure. You know, that might go to a broader CI briefing, a broader counterintelligence briefing, a warning about spear phishing, a warning about, you know, how cyber networks might be compromised. But in a defensive briefing, to the best of my knowledge, in a defensive briefing it is usually much more specific and pointed information that we have. 50 general CI brief, sure, you might talk about how different foreign actors use different tools or vectors to do their work. But if you were conducting a defensive briefing, in my view, it's more likely that it would be specific and sort of narrowly described to the specific threat or risk that you're briefing on. So you don't know if someone who received a lot of defensive briefings would have their sophistication of weaknesses in email and servers enhanced by being told such a thing in defensivetw?efings? A No, I don't know. I don't know. Finally, you'd mentioned earlier that Mr. Priestap was AD Priestap was kind of a Worrier. What was his relationship with Mr. Strzok? I know he would be Mr. Strzok's boss at the time that he's the AD. A Yes. They were very close. Very close. A They professionally. I mean, they both had a lot of respect for each other. Both have had long careers in the Counterintelligence Division. And so both respect each other's COMMITTEE SENSITIVE 202 COMMITTEE SENSITIVE instincts and knowledge and experience workingC?Ztargets. So they had a very strong professional relationship. So no work tensions or A No, sir. issues about decisions made? A No, no. No, sir. Okay, thank you. Mr. Somers. I'd like to ask you about an email chain. There's only one email on the chain in particular, but you can take a look at that document. I'm mostly interested in the email from Peter Strzok to you at 7:16 p.m. Ms. Page; One second. Mr. Somers. That email says: We need all of their names to scrub and we should give them ours for the same purpose. My first question is, who is "their" and "them," to your knowledge? Ms. Jeffress. It's a long article. Do you know which partof the article this relates to? Mr. Somers. I don't know which part of the article in particular it relates to. I'm just looking at the email from Strzok.tole. Page, and it looks like -- Ms. I don't Mr. Somers. she understood at the time, at least, what that was. Ms. Page. I'm not sure. I'm sorry. COMMITTEE SENSITIVE 203 COMMITTEE SENSITIVE MP. Somers. Okay. What about "scrub"? COMMITTEE SENSITIVE 204 COMMITTEE SENSITIVE [5:13 Ms. I don't know what we're referring to, but that's usually a "let's see if we have any information in our holdings relating to these individuals." But I don't know which individuals we're talking about here. BY MR. SOMERS: Well, I took "their" and "them" one question on this "their" and "them? to mean another agency and not -- I took it to be a list of their names. Could that not the people in the article, not names of people in the article. I took it to be an agency or a subagency. A Oh, I don't I would have taken it to mean something in the article, but I don't -- I don't remember this particular email as I sit here today. If you look up to the second email from the top: That's what Bill said. I suggested we need to exchange our entire list. A I'm not positive, sir. I'm sorry. Okay. All right. Mr. Somers. I think that's all we have for this. All right. So I think that will conclude our interview. And I want to thank you again for appearing both on Friday and again today. And that'll close the interview. Ms. Egge; Thank you. [Whereupon, at 5:14 the interview was concluded.] COMMITTEE SENSITIVE 205 COMMITTEE SENSITIVE Certificate of Deponent/Interviewee I have read the foregoing pages, which contain the correct transcript of the answers made by me to the questions therein recorded. witness Name Date COMMITTEE SENSITIVE