I 1 EXECUTIVE SESSION PERMANENT SELECT COMMITTEE ON INTELLIGENCE, U.S. HOUSE OF REPRESENTATIVES, wAsHrNGToN, D.C. INTERVIEW OF: ]AMES CLAPPER Monday, JuLy t7, 2Ot7 Washington, D.C. The Capitol, interview in the above matten was held in commencing Room HVC-304, the at 9:34 a.m. Pnesent: Representatives SwalweIl. I Rooney, Wenstrup, Schiff, Sewe11, and I 2 Appeanances: Fon the PERMANENT SELECT C0f,4I4ITTEE 0N INTELLIGENCE: ALSO PRESENT: WALTER ZAMPELLA, LEGISLATIVE LIAISON For lAJvlES CLAPPER: KENNETH L. WAINSTEIN MAIA MILLER Cadwalander, Wickersham & 700 Sixth Street, Taft N.W. Washington, D.C. 260AI I LLP I statement on behalf This is for all. rf Good monning, I you 3 a of the we're neady, r'11 nead a committee and then we'11 begin. transcribed interview of Dinector speaking to us today. Fon James the recond, I Clappen. Thank am t of the House Penmanent Select Committee on Intelligence. AIso fon the necond, as you can see, I'11 have everyone do an introduction going down the now, beginning with , HPSCI, my colleague. majority. MR. ROONEY: Tom Rooney from Flonida. -DR. WENSTRUP: Bnad Wenstrup from Ohio. MS. SEWELL: Terri Sewell, Alabama. MR. SWALWELL: Eric Swalwell, Califonnla. T , minority. Thank you. Before we begin, I want to say a few things- fon the record. The questioning wilI be conducted by membens and staff. Durj.ng the course of this interview, membens and staff may ask questions duning thein seem basic, but that is understand the allotted time peniod. because we need situation. you desire, There may to clearly establish facts and facts you Please do not assume we know any have pneviously disclosed as pant During the counse of questions Some of any other investigation on review. this interview, we wiII take any breaks that is a reponten making a necord of these proceedings I I 4 so we can easily consult a written compilation neponter may ask you use and may ask you to spell certain of your answers. tenms on unusual phrases you might to slow down on nepeat youn answens. you give complete and fulsome The replies to questions, We ask that based on your best necollection. Right now, we are cleared fon the Top Secnet/SCI level, everyone in this noom and is also cleaned to that leve1. If a question is unclear or you are uncertain in youn response, please let us know. And if you do not know the answer to a question or cannot remember, slmply say so. You are I see entltled to have a lawyen pnesent fon that you have brought counsel. Fon thls interview and the recond, Ken, would you please make your appearance? MR. I^JAINSTEIN: f8n Wainstein, Davis PoIk. Good nronning.. Thank you. This intenview will necond gestures, we ask do this, be transcribed. Because the neporter cannot that you answen verbally. If you forget to you might be reminded to do so. Consistent with the committee's rules of procedure, you and youn will have a reasonable opportunity to inspect the transcnipt of this interview in onden to determine whether youn answers were conrectly transcribed. The transcript will remain in the if you wish, committee's custody. counsel, The committee also nesenves the right to request for additional questions should the need arise. The process for the intenview is as foIlows, sin: The majority you return I I will be given 60 minutes 5 to ask questions, immediately followed by the minority will be given 60 minutes to ask questions. Thereafter, will will questions, and the minonity will take a 5-minute bneak, aften which the majonity minutes to ask followup we be given 20 be given 20 minutes to ask followup questions, with a hand stop, per your schedule, at 12:30 today. limits will be strictly adhered to by all being granted. Time will be kept for each These time sides, with no extensions pontion of the intenview, with wannings given at the S-mlnute and 1-minute mark, nespectively. To ensure confidentiality, we ask that you do not discuss the interview with anyone other than youn attorney. Our record today reflect that you have not been compelled to appean. wilI You are reminded that it is unlarful to deliberately provide false information to Membens of Congness or staff. Lastly, the record will neflect that you ane voluntarily participating in this interview, which wil} be under oath. Director Clappen, do you understand all these instnuctions? MR. CLAPPER: Most of it, but I just have to telI everybody I'm a little hard of hearing, so I need you to speak up.' I couldn't hear most of what you said, but that's okay. Okay, sir, will do. MS. SEWELL: So long as your lawyer MR. CLAPPER: The lawyen heand did. it. That's good enough, sin. Would you please raise youn right hand to be sworn, sir? Sin, I 5 do you swear or affirm everything you ane about to say is the tnuth, the whole tnuth, and nothing but the truth? MR. CLAPPER: this, do. rhank you, sin. I And I also a gentle neminder fon please make sure to turn all: If you are speaking duning on the micnophone so the court neporter can pnoperly tnanscribe. to you, Dr. WenstnuP. befone Dr. wenstnup goes. MR. RooNEY: r'11 stara, I Genenal, it's good to see you again. I just wanted to welcome 0ven you and youn counsel. We are, as you know, conducting a senles of interviews with people to discuss the Russian involvement in oun last election, along with myself, Mike Conaway on the majonity si.de, Tney Gowdy, along with the assistance today of and Bnad. like to do is tny to make the Intelligence Community better for the future, not just for this committee, but for youn successon and the successons in the other agencies that are in change of gathering the intelligence for this country for national security What we'd purposes, as you know. hle have a dlfficult job comlng up, with the reauthorization of things like 702. upstairs why So making sure that we can convince things like unmasking, on how to you know, should be pant of maybe what you could help us with those type betten do unmasking, our report shows. And so if of things today, I think that gain the most insight and value. I maybe our colleagues we would I As I've been 7 sayingtowitnesses inthe past, oun job here is not investigation. Our Job is to wnite a nepont dealing with the Intelligence Community and how to make lt betten. Any to conduct a cnlminal cniminal activity that punview of Robent the lustice So, while gained on discovered should be unden the MueIIer. committee, oun charge and is And if we even find anything in this is to turn that infonmation over to Mn. Mueller Department. we may talk about hene things like collusion, it would in the breadth of how that affected Russian involvement in oun election process, if any. But more things 1ike, you know, the hacking be and the pnopaganda and the things that we have talked about ad nauseam, both privately and publicly. So I want to make that absolutely clean so that, you know, despite what we see in the news sometimes, what oun nole is on Community this committee and how we are better, somethlng to make the Intelligence that you've dedicated a 1ot of your 1lfe to. And so, with that, to stant off with our side, the majority's I'fi going to turn it oven to Bnad, and then I'11 follow up after that. But the ranking member. MR. SCHIFF: I just wanted to join in welcoming you, Director. We appneciate youn long yeans of senvice to the community. Welcome back. A lot has happened since you left, much of which we want to get questions, youn expert opinion on, given youn many decades of senvice in this area. I just want to add on an additional point, in tenms of the issue of collusion. note on my colleague's You know, r One 8 of the four areas that we've been charged with investigating is whether the Russians had the help of any U.S. pensons in what they did. And while Bob Muellen will have the nesponsibility of pnosecuting anyone who rnay have been involved with that, we have the nesponsibility of telling the American people exactly what happened and who was involved, if any U.S. people wene involved. Bob MueIIen is only likely to be able to speak through an indictment, if he brings an indictment. It will be oun job to give the public a full accounting of what happened, whether charges are brought or not. And one of the aneas, we'11 certainly want to ask your thoughts on the dnafting of the unclassified and the classlfied assessment, but that's in the public domain since you left, about the meeting with Donald, lr. and some of the othen allegations. We'll be intenested to get youn we'11. also ulant to get your advice, given what you insights into where we might look know to find further evidence that eithen allegations. So we'11 be looking forwand to asking you questions on that subject as we1l. With that, I'1I yield back. Thank you, Mr. Chain. corroborates on disproves the public DR. ITIENSTRUP: Thank you. EXAMINATION sir. I appneciate you belng hene today. You know, as I look at what we're trying to accomplish here, I look at it the same way I do in my militany noIes, and that's DR. WENSTRUP: And, you want to do an and you want again, welcome, to have lessons leanned, measunes vlhene needed. And in that after-action review, to take cornective I you want I pnocess, you look 9 at the procedunes that have been taken and how this a long time, and I assessments ane made. You've been doing appreciate that. So in I want to start with tnying to get assessing and responding to an idea Russian hacking of what DNI's role of U.5. political entities was. l,lhat was the DNI's role in responding to the hacking? WelI, respondlng to the hacking ls actually MR. CLAPPER: a policy matten. The Intelligence Community's nesponsibility, I believe, it was to tee up the informatlon that we gathened as we gathened it evolved as we gained mone insight. But doing something about it is neally the realm of the policymaker. and as DR. WENSTRUP: So, in hacking U.S. 2876 and political entities, it publicly acknowledged by you 7th of 2OL6. And why of these activities publicly with that in mind, okay, so the Russian nole was first reported in July of and Secretary lohnson on Octoben wasn't an Intel.Iigence Community-wide assessment ondened until December, when you acknowledged befone? MR. CLAPPER: t^lelI, we had done a lot of reponting on the magnitude of the Intelligence Community assessment that up by President Obama the record it will show we had reported first week it, not to was ordered in December. But I think the track there had been a Iot of reporting on that. Centainly, lt ln the PDB and had rendered numerous briefings as the situation evolved over tlme. DR. WENSTRUP: 5o why were you doing doing an assessment the neponting of it, just reporting it? if you wenen't I MR. CLAPPER: We1I, 10 r think -- DR. WENSTRUP: Because the assessment wasn't ordered until December. MR. CLAPPER: The assessment is a term of ant that is used as a panticulan type of nepont that we would issue as a community. So an Intelligence is Community assessment; a sense of the community memorandum another vehicle; or a National Intelligence Estimate. I wouldn't nead a lot into the nomenclature of the report that we eventually nendered and published on the 6th of Januany. DR. WENSTRUP: We1l, this has a significant amount of gravity, the whole notion. And even if the pnesident hadn't specifically ondered an assessment and given this gravity of the Russian threat, And so I'm just cunious as to why you, as DNf, didn't onder a neview and report to infonm the Amenican people prion to the one of youn 2016 election when, you know, specific efforts as DNI was youn transpanency initiative. MR. CLAPPER: Well, in the could have, would have, should have I could agnee that maybe we should have pulled people's coat sleeves earlier in a more public way. We had a lot of department, I debate about that, I guess then the debate which nesulted in the statement which thought was pnetty fonthcoming and pnetty dinect that Jeh lohnson and I made on The the 7th of Octoben. issue, of course, at least I think in the administnation's mind, was if we publicized this, do we magnify it and do we dignify what the Russians ane doing? Would the administnation then be seen as putting its hand on the scale? I So we had aII those kind of debates. r And with the benefit of we should have done I do -- 2O/2O hindsight, yoU can say, well, been mone public the used the term "hand on hand on penhaps make be done by way it I think it would have been the scale. " DR. WENSTRUP: We11, penhaps earlien. think in the context of something that could of a lesson learned would be to just 11 transparent. You In what way would you be putting the scale? I think the Pnesident -- not me. The President, President Obama felt I think somewhat constrained by the appeanance of, for example, his making a public statement about it, and whethen MR. CLAPPER: that would be construed as on intenpneted in favor of as weighting the balance scale Secretany Clinton. DR. WENSTRUP: WeIl, that's a matten of opinion, f guess, as to it would show favoritism to one or the othen. MR. CLAPPER: It is exactly that, sir. It is a matter of opinion. DR. WENSTRUP: It is. But transparency would tend to balance those scales, I would think. But on November 7th, you slgned a letter to me, and lt was a blpantisan letter that I had sent you, but you sent a letter back to me and the othens. And in that, you stated -- and this is Novemben whether he thinks I t2 I 7th, before the election What time - specific intelligence informed these assessments at that ? MR. CLAPPER: WeIl, I would have to have access to the contemporany neporting have that I that off the top of my had available at the time, and I don't head. What we were seeing at this point, I think what pnobably influenced that nesponse, was the neconnoitering, if I can use that term. At that point, I think it was around'some ! stutes whene we'd seen R0ssian activity, which was and attributed to the Russians reconnoitering, not necessanily extracting on attempting to manipulate data, in various voten -- predomlnantly voter registration databases. The number of States went know up. f don't exactly what the count was when that letter was put togethen, but that's pnimanily what f think influenced that letter. And, as it tunned out, one of the judgments in the Intelligence Community assessment was that we didn't see any evidence of actual manipulation of voter ta11ies. That's not to say -- nor did we attempt to make a pnonouncement about what impact any of the Russian I I 13 interfenence activity, as we reponted out on the 6th of January, on individual voten decisions. We had could not make a judgment about that. DR. WENSTRUP: WeI1, to make that would be pretty difficult to be able a judgment. MR. CLAPPER: Intelllgence WeIl, not only difficult, we don't have -- the Communlty capability to do doesn't have the authonity on the expentise and that. DR. WENSTRUP: Yes. I think you'd have to talk to eveny voten in America -MR. CLAPPER: ExactIy. DR. WENSTRUP: like a far -- to be able to establish that, that seems stnetch. So ane you aware of any evidence that the vote outcome of the 2016 Presidential election was manipulated through cyben MR. CLAPPER: means? NO. DR. WENSTRUP: Was Pnesident undermine and Putin successful in his effont to the credibility of the electoral pnocess, in your opinion? MR. CLAPPER: I believe -- I believe he absolutely was. I believe that they were successful beyond thein expectations in terms of sowing doubt and discord about the veracity or sanctity of our election pnocess -- Is thene anythlng factual? MR. CLAPPER: -- which I think was thein finst objective. DR. WENSTRUP: Is there anything factual? DR. WENSTRUP: I r MR. CLAPPER: Well, DR. WENSTRUP: evidence L4 how do you mean? Well, you Just sald that it didn't .- thene's that the vote outcome was manipulated, but you no feel that this is -- I take it -MR. CLAPPER: that I think the ensuing contnovensy was contemponany I have an utterance Putin himself that says that? No. kind of that I can quote from that point. and the controvensy DR. ITIENSTRUP: So makes Do you're saying factually, he undenmined the credibility of the electoral pnocess? MR. CLAPPER: That's DR. WENSTRUP: belief. my That's an oplnlon. Is that connect? MR. CLAPPER: YES. DR. WENSTRUP: Because, oh, I I changed my vote because mean, f haven't met anybody that said, of what the Russians did. So, again, opinion. It centainly isn't a fact, though. MR. CLAPPER: I do think, though, it did create doubt about the sanctity and secunity of our -- of the process. I do -DR. WENSTRUP: And that's why we'ne hene. MR. CLAPPER: I do believe that. DR. WENSTRUP: And that's pant of why we'ne hene, because thls is important to all Amenicans that the process is one to be trusted. that's anothen 5o, based on the administnation's public statements and actions, is it fair to conclude that the Russian hacking of U.S. political entities, which began in July of 2AL5, became a highen priority fon the Intelligence Community aften the election? I I 15 I wouldn't saythat. What I would say is -- I think this penhaps gets to your question -- is thene has been a centain MR. CLAPPER: No, amount of ambient involvement by the Russians, which goes back to the 60s, whene they have monitored and in vanious ways tnied to influence the outcome of the election. The difference here aggressive in lts was this, as it evolved, was the most direct, scope, and the multifaceted actions they took wene unpnecedented. the DR. WENSTRUP: WeIl, I'm looking at this letter cneate the level of concern I neason ask fnom Novemben and that question is because 7th, which doesn't seem to pniority that we saw aften the election. MR. CLAPPER: Rlght. DR. WENSTRUP: Wou1d you agree evidence that -- was that due to new or -- MR. CLAPPER: Yes, yes. DR. WENSTRUP: Such ASI MR. CLAPPER: DR. WENSTRUP: So you mentioned they've tnied to interfene with us in HR. CLAPPER: Right. I that Russia/Soviet many ways for Union, decades. I DR. WENSTRUP: And 15 I think we would all agree with that. to the notion of whene Russia is today with their attempts -- and this ls just to get youn opinion, if we could. I use the tenm for Russia in this election, it's heads I win/tails you What would you say if Mrs. Clinton wins, then they have weakened her in many ways and tried to take away some of hen cnedibility. If DonaId Trump lose, because wins, he's illegitimate. So, in my opinion, they succeeded no matten who wins, and I'd be curious to get your opinion on their tactics. MR. CLAPPER: WeI1, you can make that argument. I think they believed -- I mean,.the finst point, I think they had thnee objectives: One was to sow discond. Secondly, because of the significant personal that Putin had for both the Clintons, both President Clinton and Secnetany Clinton, so anything you do to undenmine hen. And, in fact, at one point they kind of -- neading the polls, they believed animus that she was going to win, and then thein focus seemed to turn to how could they undermine a potential Clinton Presidency. I do think, though, they thought that Pnesident, now President with. He is a buslnessman. He'd be mone willing to negotiate and make deals. And I don't think it was anything more sophisticated than that that sont of guided their objectives. Trump would be easier to deal DR. WENSTRUP: 0n December 5th, your national intelligence officer fon Russia briefed this committee, and I'm going to give a quote hene: "In terms of favoring one candidate oven anothen, know, the evidence is a little bit I unc1ean. " you you I Was this 17 accurate and a complete assessment? it wasn't. And as we explained at the hearing I think we had on the 10th of January, she and many others in the MR. CLAPPER: No, community wene not aware of this veny, veny sensitive information I DR. WENSTRUP: A couple more questions, referring to that testimony then. AIso, it was stated: It's unclear to us that the Kremlin had a particulan -- that they had a panticulan favonite or they wanted to see a particulan outcome. That is what the neponting shows. this accurate and a complete assessmenti MR. CLAPPER: WeII, at that time, no. So was that all kind of came together there about that -- at about that time, as I necollect. evidence DR. WENSTRUP: 5o those weren't accurate statements at that time, including we did not have a clean -- to suggest that there MR. CLAPPER: was evolved. did not clear evidence outcome? That's -- weII, you know, I'd have to go back and when we knew -- I think our end assessment Thein objectives animus towards have a desire for a particulan look again, do a chronology of Again, the we was evolved. Finst, Mrs. C1inton. And as I -- what we knew when. that thein sow discond. things evolved, appnoach Tremendous and when it became I evident that Pnesident 18 Tnump was a serious candidate, then I think their approach evolved as well. DR. WENSTRUP: So you 5th, and talk about timeline, and that was December you're saying that those statements weren't accurate at that time. MR. CLAPPER: They wene of what we gathened not completely accurate as and assessed after that. DR. WENSTRUP: So wene you awane bnief the committee on Decemben -- in 1lght th was coming to 5th? I don't know -- and, you know, we've sent a lot of people from the community up hene to brief a lot of people. DR. WENSTRUP: I would think that would be something you'd know MR. CLAPPER: about. MR. CLAPPER: I believe I did know about it. DR. WENSTRUP: So was thene a of anyone decision on youn part on the part in the administnation to not provide Congness with the latest intelligence on this issue or not pnovide her with the latest intelligence on this issue? l,lR. CLAPPER: No, there wasn 't DR. WENSTRUP: coming I mean, . that's a pretty.important hearing she's in for. HR. CLAPPER: Right. DR. WENSTRUP: And wouldn't she be saying, do f have the latest like that? MR. CLAPPER: Well, again, I have to -- I would have to audit when intelligence? How does this go unchecked I 19 individual people were read in on certain DR. WENSTRUP: We1I, I would centainly accesses. like to know that, because of the things we're tnying to do here is come fonth with best practices. This committee has a significant no1e. And if we're one sending people from your department over here and they're not up to an injustice to us and the Amenican people, i.n my opinion. So why was the national intelligence officer for Russla not pnivy speed, that's to this compantmented reporting? MR. CLAPPER: In fairness, over the 5-and-a-half years I my experience has been, certainly was DNI, was that as we gained mone infonmation, as we gained accesses, as we saw what was evolving, this infonmation. So it centainly wasn't an intent to deceive or not to be complete. DR. WENSTRUP: So do we need to somehow implement withln the agency a cniteria that 1f someone is coming to testify befone the would brief Intelligence up more people who needed Committee hene to we know in the House of Representatives that they be bnought up to speed -MR. CLAPPER: WeIl, what we could do -- DR. I'IENSTRUP: -- on does that happen automatically? it happens. As time unfolds and you acquine more infonmation, that's the nature of the intelligence business. MR. CLAPPER: WeII, You're always deallng with incomplete facts. I I 20 I've seen other cases whene, as lnfonmatlon evolved, as we acquire more infonmation, et cetena, not just on this but in othen But instances, now, we could centainly set up a formal vetting system where all bniefings before they come up hene are thoroughly vetted by committee on something like that. Now, that would responsiveness, because my experience has been happens, people are very anxious So a slow that when something to get whateven information we have. -DR, WENSTRUP: I'd rather have accurate responslveness than inaccunate response. So -MR. CLAPPER: know, we do Well, it is -- we do the best -- my expenience, you the best we can. DR. WENSTRUP: We1I, that if it's not enough I might have to suggest to the agency today of a pnionity, coming to the House Intelligence to speed before you get here, I don't know what is. And if the NIO for Russia didn't have enough access to infonm an Committee, to be up accunate judgment, I'm wondening what percentage Community of the Intelligence analysis on Russia duning that time was effectively obsolete at the time lt was given to us. I And I'1I move on fnom there. MR. CLAPPER: DR . WENSTRUP: MR. CLAPPER: I DR. 22 WENSTRUP: I I MR. CLAPPER: DR. WENSTRUP: MR. CLAPPER: DR. WENSTRUP: With IT that, I yield to Mn. Rooney. MR. ROONEY: Thank you. Genenal, f'm going in on just a few things to stant sort of if I have time. bnoad and then tny to The ranking member the agreed-upon parameters of our investigation, so nannow talked about I'd like to sort of start with the focus there. And I know some of these might seem overly broad, but if you could help us, that would be appneciated. We talked about, a little bit about cyber activity and the Russian role in that, and thein active measunes directed against us duning this last campaign. You had mentioned briefly with regand to oun voting capabilities and that you don't believe -- conrect me if I'm wrong, if what I'm saying is wrong -- that you don't believe that they penetrated our actual machines, precinct by precinct on State by State. Is that an accurate -- as fan as evenything you know before you I left, I 23 is that tnue? MR. CLAPPER: WelI, we didn't do an assessment of aLL SO,QOO polling places ln the United States, we made in the assessment activity and non could was based on thein behavion. And we The statement that looking at the Russians and their didn't see any evidence you know, influencing or manipulating voter Now, we. of them, tallies. the neconnoitening they did is cunious. Whethen that you know, data gathening, information gathering fon the futune, was, f don't know. MR. ROONEY: 5o when you were there, you didn't see any evidence of it, but did you see evidence of like hlhen you talk an about data gathening, what effort of them to do that? -- MR. CLAPPER: MR. ROONEY: Right MR. CLAPPER: MR. ROONEY: In your opinion, knowing from youn body of wonk oven government senvice over Russians ane going the yeans, what do you anticipate that the to tny to do next, in the next election cycle, on soon? I mean, this is stnictly, you know, speculation on your part, but as far as tnying to help us, you knoul, prepane fon with data I 24 gathening, and obviously we saw and we've heand a 1ot of testimony over the last few months about pnopaganda and what they've tried to do there. activity that the Russians have tnied to accomplish and whene you think that that's going with them. MR. CLAPPER: WeIl, I can't envision them falling off on But I'm talking about specific cyber something that for them was veny successful with very mlnimal nesounces. So I would expect them to be even -- to be emboldened, as I've said publicly before, and more aggresslve about influencing elections. And I don't think they'ne going to cane too much whethen it's Democrats on Republicans. Thein pnincipal objective nemains consistently undenmining the falth, trust, and confidence of the Amenican public of the electonate in our system, and I think they'll continue to do that. And I have to believe that there was a reason, although we didn't -- we couldn't ascribe it. We don't know. We didn't have, at least that I sawJ MR. RO0NEY: Do you think it could possibly be to prepane fon an election in the future, even if they didn't -MR. CLAPPER: I think they will want disnuption, if fon whatever reason they time that's to have the option make of furthen a detenmination at the in their interests. MR. ROONEY: l.lhat other cyber activity did you see when you were in office with regard to this election cycle, did you see aside from what we were just talking about? I I 25 MR. CLAPPER: all the other thlngs they dld klnd of in the cyben rea1m, uhich is social media tnolIs, fake news plants, Of course, and, of counse, than this mone 1s apant fnom traditional but much more slick and sophisticated in the past was the propaganda pnomulgated by the RT Netwonk. l4R. ROONEY: And I assume, just like with fishing thnough the data, that you don't believe that in the futune that that's going to cease eithen, that this is what I'lR. CLAPPER: No, that's we have to expect? what the Russlans do. It's almost genetic with them. They are impelled to gathen as much infonmation, whether it has immediate utility to them on not, but for futune -- fon futune use. it's a question, I asked this of Jeh Johnson, but I wonder if you'd weigh in. Do you see any role for the way that MR. ROONEY: we conduct oun I know at the State leve1 and local Ievel, the way that we conduct election process in protecting ourselves, do you have any advice with regard to cyben activity, moving forward? MR. CLAPPER: Wel1, the Department of Homeland Security put in panalIel, not pant of, but in panal1e1 to Intelligence Community assessment -- a pamphlet on cyber best out -- and it was I the r pnactices, which was intended, distrlbute it to eveny Member 26 I believe it was -- the plan was to in the Congress, both 1n the Senate and the House, as well as to State election commissions and other State election officials, to promote/necommend cyber enhancements, cybensecunity enhancements. I Fnank1y, maybe pushback that leh got was naive, but I was fnom many, many State kind of taken aback by the officials who did not the Feds messing with State and loca1 election apparatus, was a 1ot of contnoversy when the recommendation -- And there when Jeh posited to include the election appanatus, if I it that, as a part of oun cnltical infrastnuctune, a lot of the want recommendation can call pushback from the States on that. weII. And I think it basically came to the point that the Feds ane thene if they need them, but not necessanily, you know, a mandate, but I hear what you'ne saying. On point number two, with regand to the parameters, which the MR. ROONEY: ranking member Right. mentioned He addressed that as in his opening, deals with collusion and the activities, including links between Russia and individuals associated with political campaigns. You had testified in the past Russian that you sah, no evidence of collusion between the Tnump campaign and the Russian Government. Is that still the case on has that MR. CLAPPER: changed? WeIl, f,or it's not. I neven saw any direct empinical evidence that the Trump campaign or someone in plotting/conspiring with the Russians to meddle it was with the election. That's not to say that there weren't concerns about the evidence I we I 27 were seeing, anecdotal evidence, But I had I do not recall any instance dinect evidence of the content of these meetings. frequency and prevalence of MR. ROONEY: When you them was talk of whene It's just the concern. about anecdotal evidence of emissanies, of people that wene pant -- dld you say part of the campaign or associated with it? MR. CLAPPER: WelI, associated with. I mean, lots of folks -- the campaign had kind of a high tunnover thene, so -MR. ROONEY: And when you talk about meetings, we've met with some in this room that were -- I guess that would fall into the category of emissaries or have some peripheral role in the campaign who had met with people of Russian origin. I guess just trying to figure out with negard to this pant of the people parametens, what exactly should the Intelligence a campaign that may have emissanies on people with members evidence of the Russian of collusion? Community in its take fnom univense meeting wonld vensus not seeing dinect empirical How ane we to answer that for parameten the futune, moving forward? lv1R. CLAPPER: MR. ROONEY: I mean, I I'm not sure I understand youn question. I'm not sure guess the f understand how I'm asking it eithen. point is on the question is, is at what time is collusion collusion and at what time is it just people that an affiliation with the campaign meeting I on may have talking with, whether it I 28 be the Russian ambassador on somebody when should Russian onigin, and that be taken as something that rises to the leve1 of Intelligence answer an Community concern? MR. CLAPPER: can't that's of it That's a gneat question, and I asked -- I really othen than the why all consider are an sort of viscenal neaction to these meetings with the Russians. They ane what I existential threat to this countny, a country that is not intenested intenests, centainlyr on cooperating with us. in furthening oun f'm biased. You know, of I'm a Cold Wan Maybe warrior and all that, but -- so to me. And certainly, it's penfectly legitimate for get-acquainted meetings, for example, with -- you know, with the ambassadon on with the projected officials in the next administnation. But I think there that was concern is a line thene between that and violating the pninciple that in this country we tnaditionally have one President and one administration at I will teII you I had concerns about that as I watched all this before I left. MR. ROONEY: I assume you're speaking of the Genenal F1ynn a time. And discussion with the -- that's one, yeah. Yeah. That's one case. MR. ROONEY: I want to talk about -- I'1I skip oven the thind for a second and talk about briefly the fourth and then some specific MR. CLAPPER: We1l, questions with regand to the last election. tJith the possible leaks of classified information that took place neganding the Intelligence Community assessment I of these matters, can I you talk about that, questions and then maybe I'11 have some specific followup ? MR. CLAPPER: spoken 29 of this WeII, many I don't -- I mean, leaks are bad, and times, publicly and in my I have testimony befone the Senate Judiciary Subcommittee chaired by Senator Gnaham, made the point that leaks can be very damaging. They jeopardize sounces, methods, and tnadecraft, and can in instances put assets' lives at risk. some So leaks ane bad. I don't know who was responsible fon these leaks . Fon the recond, I didn't leak anything.. And that was certainly one of the banes of my existence during my time as MR. ROONEY: With regard just say so -- you stated just DNI. to leaks -- if this now anen't responsible fon the leaks. sounds repetitive, that you don't believe -- that you bad. And you said that you don't know who was responsible fon those leaks. Is that correct? MR. CLAPPER: That is cornect. MR. ROONEY: I want to talk about -- because I want to go back to leaks in a second, but befone that I want to talk about this dossier -- dossier, dossier -- that Chnistopher Stee1e put together that you'ne familiar with that had the connection with the FBI's investigation of coondlnatlon of between think that they ane the Russians and the associates hJhen did you first I finst became awane Pnesident Trump. and You become aware of the dossier 1ts contents? MR. CLAPPER: I of it when lohn Brennan called 30 me and after -- it was started the preparatlon of the assessment. So it would have called we my attention to it. the second been sometime maybe week And it would have been of December. I can't put an exact date, but that -- I do remember distinctly getting a phone call John to tell me about the dossien. MR. R0ONEY: Was fon review and fnom the matenial in the dossien shared with the DNI comment? MR. CLAPPER: WeIl, the only -- I don't review and comment. The only issue that know what you mean by came up here was how to handle it into the fonmal nanratlve of the Intelligence Community assessment on not. And we decided to enclose a one-and-a-half-page summary of it, but not as a fonmal part of the Intelligence Community assessment, in the highly classified vension of it. it, whether to inconporate MR. ROONEY: Before that, did the Intelligence Community, as far to validate any of the dossier's sources on subsources on contents? I know you say that you added it. MR. CLAPPER: Yeah. And the reason we handled it that way was as you're aware, tny pnecisely because we could not conrobonate I MR. ROONEY: MR. CLAPPER: Do you personally believe I I what's in thene as -- I The take that the on. 31 Intelligence Community at large didn't responsibility of, if anyone, would be that you've testified to this before on That would be a FBI. MR. ROONEY: So mentioned it, and I I know know that this is sont of controvensial, this whole scene, but adding those, what did you say, a page and-a-ha1f or two pages when it the tnaditional way ,nd I there's a contnoversy over this, was the was not connoborated and it to just let the administnation know that it was out there, on did you include it fon some other reason? l4R. CLAPPER: No, the only purpose was to make sune that the President-elect was aware it was out there. And when we went up to reason why you included brief him and his team on the 6th ahead of time that we'd bning this up, but neck down just to of January, we had delibenately planned him and to Directon Comey. And the main purpose was just to alent him that it was out there. if you wiII, that he should know. MR. ROONEY: Do you feel like in your time in office that that would be a nonmal thing to do like fon any President? MR. CLAPPER: WelI, this whole situatlon -- We felt, you know, a duty to wann, MR. ROONEY: Right, but -- MR. CLAPPER: -- is veny abnonmal. f've I neven seen anything like r it in my history, for and 32 I've wonked for -- in the tnenches of intelligence eveny President since and including John Kennedy. anything I've never seen like it. MR. R0ONEY: Do you remember any would have included other time in the past where you stuff that was not necessanily corroborated intel to a Pnesident? MR. CLAPPER: Yes, as I've been asked about Pnesldent Obama when long as this befone. it was so charactenized. Sune. And yes, I had occasion to bnief thene was stuff out thene, however unconnobonated, but just we thought he should know about it. MR. ROONEY: How many people were thene when you Pnesident on Pnesident-e1ect MR. CLAPPER: On the briefed the at this point? ICA? MR. ROONEY: Yes. MR. CLAPPER: Director WeII, it was the foun of us: Adminal Comey, John Brennan, and myself. And then it Rogens, was Pnesident-elect Trump, Vice Pnesident-elect Pence, Mike Flynn, Reince Pniebus. That was who was sitting at the main confenence table. sitting along the sidelines Spicer. I think that's it. then And was Mlke Bossent, Mike Pompeo, Sean MR. R0ONEY: 0kay. MR. CLAPPER: Tom Bossert, excuse MR. ROONEY: So, based on just MR. CLAPPER: Now, largen general bniefing. And that one and me. getting back to the leaks -- additional point. That was fon the then when that was over, I think Jim Comey said, you know, I 33 we have one more thing we'd like to discuss with you, but we'd like to do it on a one-on-one basis. it MR. ROONEY: And pages, was at that point you discussed the extra or -didn't discuss it. MR. CLAPPER: hle 0h, that was something different? MR. RO0NEY: MR. CLAPPER: the Intelligence This was -- we bniefed the bnoad, the flndings of Community assessment. MR. ROONEY: Right. MR. CLAPPER: And an hour, I guess. at the end of that, aften -- which went on fon At the end of that, the plan was either I we then -- I think it was -- and on Directon Comey would pnopose necking down fon one additional aspect that we just wanted to brief on a restnicted basls. MR. ROONEY: That was the Christopher Stee1e information? MR. CLAPPER: Right. MR. ROONEY: And so who was -- so were these people that you named befone, wene they given that intelligence too? MR. CLAPPER: up there, No. Well, they had -- we left a copy of the report of the -- l,lR. ROONEY: So they all had access to it. -- hlghly classified vension, FBI spaces, if anyone wanted to read it. MR. CLAPPER: MR. ROONEY: 5o MR. CLAPPER: It which we kept ln the the meeting aften the meeting, who was thene? was only, as far as I I know -- I wasn't thene. I The nest of us 1eft. As 34 far as I know, it was only Dinector Comey and the President-elect. MR. ROONEY: Did you pensonally discuss the dossien on any of the othen intelligence related to Russian hacking? You alneady said that you didn't leak it to the jounnalists, MR. CLAPPER: I'm so I assume that's a no, conrect? sorny? MR. ROONEY: Did you discuss the dossier on any othen intelligence related to Russia hacking of the 2016 election with journalists ? MR, CLAPPER: NO. MR. ROONEY: Dld you confinm dossien with CNN jounnalist lake Tappen? MR. CLAPPER: it. By the time sequence it was hlel1, by the time of that, they already knew about it was there, but it out all or corroborate the contents of the -- it was over the was after -- I don't pretty close to place. when we The media had it know exactly the briefed it by the and when way. We were kind of behind the power cunve, because the media, many media outlets that I undenstood had on the that, had the dossier for some time, as did people HilI. MR. ROONEY: Do you have any idea how they had it, how they got it? MR. CLAPPER: ThE MCdiA? MR. ROONEY: Yes. MR. CLAPPER: MR. ROONEY: I do not. Llke lake Tappen and those guys. tJhen did you first I become aware of the late 35 December conversations between Genenal F1ynn and Ambassadon Kislyak? MR. CLAPPER: Sometime have been the but it first week after the New Year's holiday. It in Januany. was Tuesday, !,lednesday, would I can't pin the date down, or Thunsday of that week. I don't know And the exact day. lvlR. ROONEY: Do you know who l4R. CLAPPER: Bob Litt, told you about the my genenal counsel. MR. ROONEY: Nhat was youn response when he WeII, MR. CLAPPER: frankly. We had just December, you know, f done convensation? was -- -- I was told you? kind of disturbed about it, announced sanctions on the 29th of closing the dachas, expelling 35 of their intelligence openatives, and sanctioning some other people. So it was disconcerting, I'11 put it that way, to learn of that conversatlon. Right. Did you shane that -MR. CLAPPER: Especially for me, since I have a long history with MR. ROONEY: Mike Flynn. MR. ROONEY: Well, and as you say, I mean not to editonialize hene, but, you know, given our nelationship with Russia oven the. decades, I think that, as you testified and as you stated eanlier, certainly not something that, you know, General Flynn should doing, not being a Dld you ever member have been of the government. brief Presldent Flynn-Kislyak phone calls? MR. CLAPPER: No. r Obama on the phone it's call, the T MR. ROONEY: Did you 36 brief President Obama on any other intelligence lnvolving the Trump campaign or tnansition MR. CLAPPER: anticles that wene team? WeIl, we had -- by bnief, I would include neponted. And, of counse, 0DNI has a PDB nesponsibility fon the PDB. So thene was a series of reponts thnough the summer and activity, that sort of thing. The only time I actually had a briefing on the subject, if you into the faII about, in general, want to call it that, came out, morning we sent was when Russian the Intelligence it to the White House first, of the 5th of Januany. And then Pnesident And then Obama And then my recollection is the that afternoon I with the Senate Anmed Services Committee. I distinctly. Community assessment nemember had a hearing that very the next day -- because we felt obliged, since had tasked us, to brief him finst. the next day, we bniefed the eanly morning, and then flew up to New Gang of Eight hene in the Yonk and bniefed the Pnesident-elect and his team on the 6th of Januany. MR. RO0NEY: Do you know how Deputy Attorney General Yates of the Flynn-Kislyak phone calI? MR. CLAPPER: Well, I surmise that -- leanned I so ilm assuming MR. ROONEY: So you it was done unden that basis. weren't with hen when she leanned of you know that? MR. CLAPPER: Was I physically with her? I it? Do I 37 MR. ROONEY: YeS. MR. CLAPPER: MR. ROONEY: NO. okay. January 12th of 2Qt7, do you know how many On people had knowledge of the Flynn-Kislyak phone ca1ll MR. CLAPPER: How many people? MR. ROONEY: Yes. MR. CLAPPER: No, I don't. MR. ROONEY: Okay. MR. CLAPPER: MR. ROONEY: Yeah. No, the neason for this line of questioning is we're obviously tnying to figure out how something like this becomes available to people in the Washington Post and Davld Ignatius and the like. -- Do you have MR. CLAPPER: MR. ROONEY: That's a gneat question. Okay. So you don't -- I don't have any -MR. RO0NEY: -- have any guidance on that? MR. CLAPPER: I would -- I guess the inference, have been from a lot of sources. MR. CLAPPER: MR. ROONEY: of questionlng, Yes. which any questions hene, a just give me a And though, that's going to lead me into f'm nunning out of time. So my it could next line I'm going through }ot of which you've alneady answered, so if you'd second so I can skip over. r I When Vice President Genenal Flynn on 38 I think elect at that point Pence defended televlsion, publlcly clalming that Flynn told him the calls wenen't nelated to sanctions, did you have any communication with Vice Pnesident-elect Pence negarding the nature of those calls after he made those statements? [10:33 a.m. ] I I 39 I did not. I think that nememben conrectly, was on the 17th of Januany. MR. CLAPPER: No, appeanance, if I MR. ROONEY: Right. MR. CLAPPER: And of -- and all I I was very alarmed by it aften being saw, by the way, hras a But I felt that that needed to I aware gist of the conversation. I t^tas very concerned about lt. be naised with the White House. it with both John Bnennan and ultimately Director Comey about -- I think I did that -- I had that discussion the evening of the 19th of January. But I did not raise it dinectly with the Vice President-e1ect. MR. ROONEY: Okay. Finally, I want to talk about unmasking, And I did bneach that with - - I because obviously, you know, we've discussed -- I'm the new subcommittee chairman on the NSA, along with Mr. Himes, and, you know, we've got a tough lift this faIl with neauthonization. And, you know, obviously, whethen people on the do it's people on the right, people are suspicious of the work that in the Intelligence Communlty, and that, left or you guys you know, people ane neadlng our emails and listening to our phone calls or, you know, in this case unconstitutionally being outed or unmasked, you know, when gathering evidence. So to help us potentially wlth regand we've got a 1ot of information with regand on Cabinet level who can request -- I and to the neauthorization, to people maybe at youn level I'm not saying you do this, I 40 but I'm saying that we've seen a wide variance on what the reason why somebody would be unmasked. And excuse say, I want this the sont of, you know, snarkiness of penson unmasked because I this, some people want them unmasked, and it's approved. And this mlght be mone appropriate fon Admiral Rogens, but -- and some people give a detailed expl.anation of why this person should be unmasked. Moving forward, do you amendments that give a U.S. person is To be mone mone 7O2 should be reauthorized with detalI or stay the same with unmasked on a nequest for 702 to how with a mone why a U.S. penson should be unmasked, even high as a Cabinet leve1 position? 0n should thene be mone uniformity, do you think, in the nequest and how it's MR. CLAPPER: Yeah. Curnently, the -- for made unmasking nequests was regand unmasking? clear, should the Congress neauthonize stringent explanation of somebody as think that me, requested? there's -- and I not every day, but fairly often when I -- during the 6 and a half yeans I was DNI and befone all this came up. And really, whateven rationale people wnite, it really boils down to one thing, which is to undenstand the context of the panticular SIGINT repont you're reading. So when thene ane refenences to U.S. penson 1, U.S. person 2, and it's a little hand to figune out the significance of that report, And, of course, U.S. person 1 will be a different U.S. person 1 the next report. So it's hand to read these things anecdotally on just scan through them and dnaw, you know, the U.S. person 3, et cetera, I I 41 conclusions fnom them. The other point impontant to rememben is that what occasions an ls collection on a vali.d, foneign tanget, who appanently is in some sort of contact with a U.S. person. So I did my share of unmasking. I don't know what the records were. I didn't keep reconds, because the practice -- the process now is that the original collecting agency is the one to whom you make a nefernal when you want to -- if you're an official wanting an unmasking. And so, for me, since most of the unmasking requests that I made unmasking nequest were a collection derived from Section 7O2 of the and so NSA The would be the bean counter only exceptlon FISA Amendment Act, for that. -- now, the questlon 1s, should thene be a mone nigorous pnocess for that, where, fon example, you put the DNI ln change of appnoving or not unmasking requests. Rlght that the DNI has ane Membens of responsibility fon governing when it comes to unmasking Congress. And you'11 recall the long -- the discussion committee which eventuated that I believe I now, the only population in we had in this an lntelligence Community dlnective, signed out before I left, Gates memonandum in 1992 governing which memorialized the famous incidental collection of Membens of Congress. But that is the only group of people that the DNI, fon example, has any governance authority over. think -- and this is my final question -- do you think that the justification for -- I get the whole U.5. person number 1, if it doesn't make sense in the context of what MR. ROONEY: But do you I I 42 you're reading, that lt needs to be unmasked fon your sake of understanding what you'ne reading. 8ut do you think that -- and what was youn justification you'd say, okay, U.S. person Did you give details as MR. CLAPPER: to numben 1, I want this when penson unmasked? why -- No. No, I didn't. MR. ROONEY: Do you think that you should at your have and people level? MR. CLAPPER: !'1e11, given the responsibilities of the DNf , I felt for unmasking of this -- normally it would be all the people mentioned in one report, all the U.S. pensons. It was to understand the context, to undenstand the significance. And that would be kind of the standand justification. that if I asked I think, frankly, it would be hard to write a detailed justification given the ambiguity of these reports baldly when when you read them they mention U.S. penson 1, 2, 3, et cetena. MR. ROONEY: Thank you, General. Adam. Over to the minonity. MR. SCHIFF: Thank you, Mr. Chainman. I'm going to go back over some of the about and then aneas that you've been asked I've got a few areas in addition befone my colleagues. The Kremlin pnefenence fon Donald Tnump, you mentioned thene wene thnee sow -- basically thnee motives the Russians had: The finst was to discond; the second was to harm Hillary Clinton any way they could; I I and the thind I've was a preference fon Donald at least heand 43 one of my Tnump. colleagues, not here today but in the past, publicly cast doubt on that third conclusion that the Russians affirmatively wanted to help Donald Trump. And I think the basis of it is that bniefing that we received from bniefers who may not have been read in to the most sensitive intelligence, and some of the intelligence may not have been manifest until after that briefing. And I thlnk my colleague has, you know, a good point. It wouldn't have been the first time where we had a bniefing fnom people who were not nead into things and where we I don't think thene was my motive got a misleading impression. on And intent behind it, but that is an issue. But I want to get to the core piece, which is, you know, what will ultimately go into that Do one oun of the motives you have any report, was and that is the IC's ultimate conclusion to help -- afflrmatlvely help Donald Tnump. -- do you have confidence in that assessment based on -- MR. CLAPPER: I do. I do. MR. SCHIFF: MR. CLAPPER: that -- and this I'm interested in as weII, because I think Directon Comey testified to the same thing, that the basis for the preference for Donald Trump was largely that this was a businessman and they had good history of working deals with MR. SCHIFF: And you mentioned business people. MR. CLAPPER: That, and as Directon I Comey also pointed out, you I 44 it kind of stanted with a very strong animus for the Clintons, know, panticularly fon Hillary Clinton, who Putin pensonally held responsible fon fomenting what he considened an attempted colon in 2011. Plus, he felt just disrespected by both of the Clintons. So it stanted with that. And then -- so just about anybody besides Hillany Clinton, I nevolution think, would probably be appealing he was not a politician, to the Russians. appealing to the fact that a businessman, a dealmaker, et cetena, and, you know, he apparently had pnion dealings mone And them than in I think, Russia, made him certainly she did. Isn't it likely also, though, that the candidates' MR. SCHIFF: respective positions on key natlonal secunity interests of the Russians would have played into thein decision-maki.ng? WelI, I think so. I thinkr'you know, obviously MR. CLAPPER: they're very interested in being free of the sanctions. at it, the sanctions, in tenms of impact on the When Russian GDP, you look is actually not all that gneat,1.5 to 2 percent maybe, but I think it had more to do with the image, the optic of being sanctioned and being sanctioned so unlformly by the United States and certainly Eunopean countries. So they wanted to be MR. SCHIFF: So sanctions that Mn. have been free of that. the receptivity to potentially revisiting the Tnump expressed on the campaign attnactive to the MR. CLAPPER: Russians? Centainlyr Y€s, MR. SCHIFF: And trail, that would it would have. if the Russians got any message I from the Trump I 45 that they would also be receptive to a repeal of the Magnitsky campaign Act, would that also have been Yes, and, MR. CLAPPER: attractlve to the Russians? of counse, that's slnce come out ln light of the meeting. Iv1R. SCHIFF: And the Magnitsky Act, was pensonal distaste to Hr. why something of veny Putin? Yes. Yes, it was. And I also think that, again, MR. CLAPPER: going back to that the resentment about sanctions pensonal impacts on many of his is because it did have oligarchal buddies, and fon that matter, himself. 5o or it had less to do, I think, with impact on Russia as much as more impact on him and Paper publication affronts. So and the for all his cnonies, on top of, you know, the Panama anti-doping nepont, which he took as personal those reasons, he found Mr. Trump much mone appealing. MR. NATO, SCHIFF: Would Mn. Trump's position, his comments belittling also have been attractive to the Russlans? MR. CLAPPER: 0h, sure, absolutely. MR. SCHIFF: And likewise, his support fon Brexit on funthen departunes fnom the European Union, MR. CLAPPER: Absolutely. is that consistent with Russian -- The Russians ane veny bent on wedges between and among European nations and a wedge between as a collective and the United States. MR. SCHIFF: I driving Eunope I 45 I MR. I CLAPPER: MR. SCHIFF: r MR. CLAPPER: MR. SCHIFF: I want to tunn to the comments that you made today, but also in the past, with nefenence to what you obsenved on the issue of collusion. I think you testified at some point in the Senate, on maybe it was said ln an open statement, that you wenen't necessarlly in the chain of information that and his investigation. MR. CLAPPER: was being developed by Can you Directon Comey explain that? Right. Finst, we didn't have any evidence of collusion certainly that met the evidentiany thneshold that would its way into the Intelligence Community assessment. That was I make point I one. There was nothing in the 47 assessment, arluding to any collusion. I My pnactice as DNI was to defer both to Director Muellen and then -- to tell me about sensitive cniminal investigations, if they devolved to that, Directon Comey on whether one particulanly involving U.S. MR. SCHIFF: Now, Manch when and what pensons. Directon Comey testified in open session in that he began a counterintelligence lnvestigation of campaign associates Tnump in July of last year. MR. CLAPPER: Right. MR. SCHIFF: Were you awane in JuIy of last yean that he had opened that investigation? I of at that point only were the financial activities for Tnump associates. That's all I knew about in the way of an investigation on the pant of the FBI. I leanned that MR. CLAPPER: What informally from Director was aware Comey. MR. SCHIFF: And what MR. CLAPPER: WeII, financial activities I don't know what questionable business deals, involving people ane you referning to? they wene. It who wene was allegedly Tnump associates, with the Russians. MR. SCHIFF: But what Mn. Comey was the details of those business transactions or investigating to your attention? MR. CLAPPER: ft b,ras not was not something that would have been brought shaned with me, MR. SCHIFF: And whatever evidence I Mr. no. Comey would have I of last developed between JuIy of collusion yean and the time you left on the issue would not necessarily have been shaned with you? MR. CLAPPER: evldence and 48 hlelI, there's two conditions here: Eithen he had didn't share it or he hadn't developed evidence yet, and I don't know Lrhat the facts are thene. MR. SCHIFF: But he investigation wasn't bniefing you on the pnogress of his ? MR. CLAPPER: No. MR. SCHIFF: I just -- I ask because what you would have been awane of 5o if thene was evidence been brought to would not necessarily have I I left it to the discnetion of the directons, wonked with, of the FBI to whether and when and what panticularly if it was going MR. SCHIFF: Now, neports to set the limits of at the time that you wene the DNI. of collusion, it Again, both directors that to want youn attention? MR. CLAPPER: as f of intenactions Govennment and Russian to tell me make to evolve into a cnlminal investigation. the Steele dossien contained a numben between Trump campaign people and individuals, in hotel judgment about such investigations, nooms of the Russian and those were based on sounces and on subsounces. That dossier included neports salacious activity that with the of, you know, now President. But they also contained reports that Trump campaign people wene to neceive damaging information about Hillary Clinton in exchange fon relief from sanctions. That was also part of this, the memorandum, wasn't it? meeting with Russians and agreeing I I MR. CLAPPER: 49 I believe so. MR. SCHIFF: And in that respect, thene wene neports of actual collusion that could be conroborated or not corrobonated, but there wene neponts of collusion? MR. CLAPPER: MR. I believe that's right. SCHIFF: And neports -- that you said in the sense that some some of the dossierl of the language used by Mr. Steele's sounces about the Russian derogatony view of Secretany Clinton was MR. CLAPPER: Right. MR. SCHIFF: -- about the Russian denogatory view towards Secretary Clintoni MR. CLAPPER: Correct. MR. SCHIFF: And Mn. inteI, wasn't he? MR. CLAPPER: been, what Steele himself was someone known to U.S. Yes. He was certainly known to the FBI. He'd I believe they consldened, a cnedible source fon at least I MR. SCHIFF: And fnom what you know, the FBI thought highly of Mr. Steele? MR. CLAPPER: I can't say that. f can just say that I do know they considened him a cnedible sounce. MR. SCHIFF: And the repont -- the dossier reponts of an agreement on a sought-aften agreement between the Trump campaign people and the Russians to tnade dirt on Hillany I for sanctions nelief, is that, in I at least in part your view, cornoborated Don, 50 Jp., PauI Manafort, and lared by what we now know about the Kushner meeting with Russian repre sentatives? It MR. CLAPPER: would appear so. MR. SCHIFF: Pnlon where the pnesence to going to the meeting wlth the Presldent of the meeting was necked down so that the dossien to the President, did you have a discussion with Dinector Comey and others prior to that about whether to bnief the could be bniefed Pnesident on the dossien? MR. CLAPPER: Yes, we did. MR. SCHIFF: ANd -- of us, at the end of it, when the briefing seemed to come to an end, that one of us would suggest to the President-elect -- I think lim actually did it -- that MR. CLAPPER: And we neck down, that the agreement we had something was that one additional to discuss with him, but we thought it should be done on a one-on-one basis. MR. SCHIFF: And why was it felt that that ought to be done on a one-on-one basls? MR. CLAPPER: WeII, again, you know, we were trying to be just thought report. It was pretty salacious, and that was a better -- a more discrete way to handle it. Again, since we defenential to what was in this MR. SCHIFF: MR. CLAPPER: But it And was -- the main point I was to let him know of its I 51 exlstence. it MR. SCHIFF: And that pne-meeting discussion not, it was impontant existence f, that whethen for the President who were in it could be connoborated on to at least know of its ? MR. CLAPPER: and the consensus view of those was caucused on Yes. that how we would handle We -- ahead we, Dinector Rogens, Comey, Brennan, of time and came to that agreement and it. MR. SCHIFF: And how was it that Mn. Comey should be determined the one to deliver -MR. CLAPPER: Because that was the source was an FBI sounce, and we thought the logical one of us to speak to it. MR. SCHIFF: Aften the meeting, did you get any readout fnom that part of discussion went? MR. CLAPPER: Not much. He told me laten that the Pnesident-elect was very defensive about it. MR. SCHIFF: Dinecton Comey testified in open session about a numben of meetings with the President, including one in which he was Director Comey about how asked by the Pnesident to dnop the Flynn case. Did Mn. Comey theneafter ever discuss with you that meeting with the President? MR. CLAPPER: The only discussion I had with Dinecton Comey about I was out to the Bureau fon their farewell for me. And I had met briefly with Directon Comey that whole subject was on the 27th of Januany. before the ceremony, and he had just neceived appanently a phone call from President Trump asking him I to dinner. And he was, as I said I 52 public1y, he was uneasy with that. it? MR. CLAPPER: Because he thought it impacted the optic, if not the substance, impacted his autonomy, the independence of his Bureau MR. SCHIFF: Did he tell you why he was uneasy with its director. MR. SCHIFF: And I know this was after you had left, but did he ever foIlow up with you to teII you how that meeting went? and of him as MR. CLAPPER: No, he MR. did not. SCHIFF: Did anyone else even report to you that they thought the President had asked them to do somethlng they considered inappnopriate ? MR. CLAPPER: Anyone else besides this case? This instance? Besides -MR. SCHIFF: Besides what Comey, did you've already said about Director anyone ever neach out to you from the IC to teIl you that they thought that something they were being asked to do, eithen by the their superions in the IC, was inappropriate? MR. CLAPPER: I don't think so. It doesn't come readily to mind, President on by no mR. SCHIFF: You wene asked about that conversation was MR. CLAPPER: Decemben, was Right. The one And ambassadon? in question, on the 29th of with the ambassadon, yeah. MR. SCHIFF: Russians with the Russian the Flynn conversation. At the time that the sanctions didn't react. They wene imposed, the didn't nespond. Was that contnany to I I 53 your expectation? MR. CLAPPER: MR. SCHIFF: And was an didn't effort made to find out why the Russians neact? MR. CLAPPER: Well, we -- I think oun antenna was up certainly as, you know, what's the explanation fon that, and we soon leanned MR. SCHIFF: And by you soon leanned it, it. what ane you nefenning to? MR. CLAPPER: same day that l,lelI, the conversation that General Flynn essentially neutering -- had just my been imposed. MR. SCHIFF: MR. CLAPPER: I MR. SCHIFF: MR. CLAPPER: MR. SCHIFF: MR. CLAPPER: r had the chanactenization -- the sanctions 54 MR. SCHIFF: Would it logical -- if you're looking for be an explanation fon the neason why the Russians didn't atypical neaction to these sanctions, find a conversation with a Russian ambassadon, would Russian ambassadon was MR. CLAPPER: it was known that of Decemben. MR. it be loglcal talking Yes. And, and you to want nespond, to nesponding know who that to? of course, Mike Flynn was talking he had been. -- I believe to Kislyak befone the 29th SCHIFF: So an unmasking nequest to find out ambassador was their talking to to explain why the r.rho the Russian Russians wene not to U.S. sanctions, that would have been a legitimate unmasking nequest? MR. CLAPPER: WeIl, I think it's -- it would be legitimate, in my mind, for just standard thing we've about any U.S. penson -done going back I mean, this has been a to the Soviet era, SO it wouldn't have been done specifically. I don't know the cincumstances of the unmasking, you know. That's a better question to dinect to the FBI or the DOl. MR. SCHIFF: But if the Russians are talking to U.S. persons and you'ne tnying to understand why the Russians didn't nespond, why the I I Russians acted very were 55 atypically, it would be necessary to know who they talking with to tny to figure that outl MR. CLAPPER: evinced WeII, as I say, Congressman itself pnetty early. So we dldn't Schlff, the explanation have to dwe1l for a long time on tnylng to agonize oven, gee, why they'd behave that way, which is, you know, very non-typical fon them. We didn't have to wait very Iong fon an explanation, at least the one that was satisfactory to MR. numben SCHIFF: I mean, me. the reason I ask the question obviously, is, one -- MR. CLAPPER: I mean, and part of this, you have to allow for, weIl, Russia is a bureaucracy too. It would take them some time to identify the names of people and prepane a notification to the United States. it's through the normal diplomatic pnocesses by which you PNG people. It wouldn't necessanily be something that would happen ovennlght. But it certalnly was curious that after the 29th, the 30th, the 31st, they dldn't react as we would have expected them to. And MR. SCHIFF: I I MR. CLAPPER: I MR. SCHIFF: MR. CLAPPER: I I MR. SCHIFF: And the second 56 conflation is thene's no evidence that I've seen in this connection that any unmasking nequest was inappnopriate; indeed, it would've been negligent not to find out why the Russians didn't respond the way they did. MR. CLAPPER: That's MR. SCHIFF: But the my view. unmasklng leaking, whlch ls lmpnoper. But to is use being conflated with the the unmasking as anothen neason not to neauthonizeTO2, a statute that wasn't implicated, is yet anothen neason, in my view, that 702 is being assailed on a basis that really doesn't apply hene. Schiff, And unfortunately, this stuff is pnetty arcane and technical. And I don't think the public gets into this, into the details and the technlcal aspects to understand the differences between a Title I FISA and the MR. CLAPPER: resultant That's night, unmasking and a section Congnessman 7OZ FI,SA Amendment Act unmasking. And those ane pnetty arcane. MR. SCHIFF: happened since you Let me tunn to a couple othen incidents that have left that I'd like to get youn insights on. The first involves a man named Ponter Smith, who necently passed away. He's the subject of a couple open source is that he was attempting reponts. to gather opposition I And the reporting neseanch from foneign I 57 hackers, likety Russian hackens, pertaining to the Hillary Clinton emails. The allegation is also that he was ln touch with Michael and othens associated with the campaign, and he was putting Flynn wond out essentially to these foreign hackers that he would be interested in these stolen emails, this be a conduit back dirt on Hillary, to the campalgn. For the Russian hackens getting that and what's more, he could may be working this message, Russian hackens either in concert with the Russian Government or on an ad hoc basis with the Russian Govennment, how would the Russian Government likely receive that inquiry? Would they opportunity? What kind MR. CLAPPER: of response would you to a fare thee weII, thein services are very competltive. We saw and nun-up to the of their services saw to exploit, to gain insight, to gain infonmation that they could use for leverage 1ater, they would. MR. knowing also, by the way, that in the 5o any way the Russians and any one an oppontunity that as an think they would take? Well, purely speculation, but just Russians ane oppontunistic election. see SCHIFF: Now, the assessment indicates that the MR. CLAPPER: Yes, and with deniability, I because 5 on MR. SCHIFF: MR. mm: I MR. CLAPPER: scam: I 59 MR. CLAPPER: MR. SCHIFF: MR. CLAPPER: MR. SCHIFF: of inquiny. Okay. WeII, we'I1 try to follow up on those lines Thank you. Similar questlons with nespect to the public allegations about a meeting between Donald Tnump, Jn., PauI Manafont, Jared Kushnen -MR. CLAPPER: And othErS. I 60 MR. SCHIFF: Akhmetshinr a even who the -- and others, with Veselnitskaya, Rinat translaton, a Bnitish pnomoter Goldstone, we don't know identity of the interpreten is. What would be necessany to find out the identity of the intenpreten who uras pnesent in that meeting? MR. CLAPPER: might -- one of Well, if -- weII, centainly the other participants them might know who the Russian attorney would know that translator was. Perhaps the on the othen Russian pensonage thene, the former military officer. f don't know if thene ane any kind of records kept by the Secnet Service, because I think at the time of the meeting he was the nominee -- Pnesident Trump was then thq nominee. So I don't know, but Secnet Senvice would have some necond of it's who was entering Trump Tower. laid out in the emails, pnovides evidence that the Russians reached out to Donald Trump, Jr., claiming to have dirt on Hillary Cllnton. They did so in a tnail that MR. SCHIFF: The meeting, as been begins with the Russian chief prosecutor, goes goes from the oligarch ollganch's son, the Tnump, JF., and pop who did business with singer, through the pop to a Russian oligarch, Donald Trump to the singer's agent to Donald also potentially dinectly to Rona, the President's assistant. ' Is that chain indicative of Russian tradecraft? l,lould the Russians be likely to use cutouts in an approach to the campaign? MR. CLAPPER: It centainly is. And this whole thing to me was the typical soft approach, which is kind of typical of Soviet Russ'ian I I 61 -- thetn finst obJective here was determine interest on the pant of Donald Trump, ln. Would he take the bait, which he did. And that's pnobably all they wanted to accomplish fon this initial meeting. MR. SCHIFF: And part of that -- the message he would have gotten back would have been Donald Trump, Jn., saying he would love to get the information. But also would it also have been a message that he tnadecraft. neached And I thlnk the flnst entnance out and brought other high-Ieve1 people in the Trump campalgn into the meeting at neally a critical time when the candidate is seizing the nomination? PlR. CLAPPER: of the Russians I think that simply senved to amplify in the eyes the intense interest in gathering dirt on Hillany Clinton, going to him. But he then brought in other senior officials in the campaign. So I think from their standpoint, they kind of struck gold there. I think their only objectlve was to determine a leve1 of interest, and it turned out -- it appeared to be pnetty intense. Again, MR. SCHIFF: And Magnitsky Act duning campaign what's the implication of their bringing up the that meeting whene they're responding to the intenest and dirt on Hillary Clinton? MR. CLAPPER: Congressman. It WeIl, appeans all I to me know is what I'm reading in the media, that that what was intended was at some point some if this I was objective, and perhaps sort of quid pro quo fon relief of the Magnitsky Act in neturn fon dlnt MR. SCHIFF: Now, was an on the opposition candidate. the initial approach, as you I 62 suspect, what would you expect to fo1low? !,Jhat would the Russians' next step Ilkely be? WelI, they wi1l, f would guess -- again, MR. CLAPPER: stereotypical pattern hene would be they would look fon some othen way, I don't know what that is, to follow up on -- given the intenest. Now, again, this -- I'm punely -- I'm speculating hene. some othen means, and I honestly don't know. But it r*ould be strange to me if making this soft approach -- and, of counse, they did, you know, a very intricate daisy chain of personages involved in it, that they found that there was great interest in this, that they wouldn't have followed up and taken advantage somehow. I don't know -- again, I'm speculating, and I'm only extrapolating based on what I know of how the Russians typically Now, do these things. Jr.'s email, he suggested the best time would be late summen. This meeting was in June. At the end of MR. SCHIFF: Now, in Donald, luIy, the Russians began dumping the stolen Hillary Clinton emails. Could the dumping of the emails have been the Russian nesponse, on would you expect thene to have been an effont to further cunry favor with the campaign by a mone direct we're doing this fon you, we'ne giving this to youi MR. CLAPPER: would think they and make sune l,lell, f 'm -- again, I'm extnapolating here, but I r^rould want that there to was achieve as much levenage as possible a nelationship I between the attempt at I reaching out and thein delivery 53 in retunn fon some commitment, I guess, relief. But, again, I don't know this. I don't have any evidence of it. f'm just -- I'm surmising. MR. SCHIFF: And if you were, again, to go about trying to determine what the IC might have in its holdings on this subject, you would want to get whatever -- you would want to search the IC database on Magnitsky for the oligarch, the ollgarch's son, the Russian lawyer, the Russian interpreten, if we can I MR. CLAPPER: find the identity of the interpneten, assume and the -- the special counsel is doing that. MR. SCHIFF: tJe11, we need to do the same. And I the Russian lobbyist, who's a dual citizen. suppose with Then you would use the other procedures that you mentioned before in order to gather insight into whether -MR. CLAPPER: 1l1e11, dual cltlzen is a littIe dlffenent categony, since, you know, he can be subpoenaed and all that, I would think. MR. SCHIFF: Ane terms of what the IC there any othen steps that we should take in may be in possession of that would help whether thene wene subsequent steps the Russians took the initial us detenmine to fol}ow up on meeting? I can't -- off the top of my head, I can't think of any, Congressman Schiff. I think that if a specific -- as specific as can be -- as lt can be made, which ls hard hene. But MR. CLAPPER: certainly, WeII, we do know some of the individuals involved in the meetlng, if there are any electronic reflections of communications, either by phone on email for many of them. and I I 64 Centainly, the lawyer' s presence here would govenn that. I would pensonally be interested in that, you know, what was the basis for her visa. I believe she was here at the time as an attorney repnesenting a company that was involved in a money laundening count proceeding. So I would certainly be interested to -- I think it would be intenesting to sont of play that out. MR. SCHfFF: Lastly, I want to, before I hand it off to my colleagues, ask you about public neponts that the administnation may give back these pnoperties that were a pant of the sanctions over the Russian hacking. How would the Russians interpnet that? First of aII, what can you Were they being used to spy on -- te1I us about how those facilities were being used? MR. CLAPPER: That's what they used it fon. And so, to me, it's, you know, why do that? What have the Russians done to deserve that? MR. SCHIFF: MR. CLAPPER: Oh, yeah, for years. if we were to give those pnoperties back without fon it, what message are the Russians likely to get HR. SCHIFF: And obtaining anything fnom that? I think they'd -- I think they'd feel like a majon concession that they didn't do anything for to gain. And they MR. CLAPPER: I.le11, I I neally can't reciprocate because the 65 companable -- the analogous is -- doesn't compare. MR. SCHIFF: I'm going to hand it over to my colleagues. Do you want a break at all before we continue? We are about an hour and a half in. MR. CLAPPER: That would be a good idea. I'm an older guy. By the way, f do need to add to the recond. On the attendees at pnoperty in the -- in Russia the Tnump Towen briefing on the 5th of Januany, the other attendee was Ted Gustano, who was the designated bniefen fon Pnesident-eIect Trump. also present since he was the custodian fon the hand copy neport. He was I just want to add that to the MR. ROONEY: The recond. minonity's time ends at 20 til, but we'II centainly delay that so long as the witness needs to take a bneak, and then we'11 go night into our 20-minute/20-minute redirects. Thank you. IBrief necess. ] will go to a quarter of and then we'11 get into our 20-minute/20-nlnute. Sir, lf you want to take anothen bneak in 2O minutes, we can do that. MR. CLAPPER: Well, I have a commltment at the SSCI to do the same thing all aftennoon. So I would llke to get -MR. ROONEY: Yeah. Well, I don't have any othen questions. I MR. ROONEY: A11 do want to make one night. ble thing before the minority continues on their line of questions for the next 20 minutes with negand to Title I I am fully awane that they ane not I the same thing. vensus 702. And I'm fully I aware that when we'ne on foreignens that 66 talking about 7O2 we're talking about collecting goes through was hene, and General Flynn is the FISA count, wheneas an Ameni"can citizen Mr. Kislyak who was here. I get that. I'm saying that if you don't think that oun job is immensely harden for reauthorizing 7O2 because of the unmasking of that, which wasn't 7Q2, and I understand that, then I think that we probably need to powwow together as an Intetligence Committee and figune out to how we'ne going move forwand. lt lncreasingly mone difflcult, regardless of the fact that it was Title I and not7O2. We're having trouble in oun own committee getting people to agnee whether or not I think lt's going to make 702 should be neauthonized. So people upstains, as you know, on youn side of the aisle and of the aisle, think that thene's a govennment conspiracy with people like General Clapper listening to our phone calls and on oun side reading our emails. And to minimize that as -- so that we don't undenstand that this Tltle I, I think misses the whole point that we've got an extnemely difficult task ahead of us this falI in trying to allow the Intelligence Community to keep gathening this infonmation. And I get that it was Title I in this case, but they don't cane upstains. And I hope that you undenstand that. I hope that you was7O2 vensus understand that f General Clappen undenstand that. And, you know, your exchange with that this was, you know, some kind of I mispenception I on my pant misses the 67 point politically that we're going to have a really tough job with reauthorization, regandless of if it was Title I vensus 702. I just want to make the minority clean, and I hope that you understand that I know. And as Trey Gowdy said in the open heaning, nobody out on the countryside gives a hlll of beans what 782 vensus Title I is. It is our Job to get that neauthonized. And I hope that we can, but it's going to be veny difficult with unmaski.ng of U.S. citizens to the press. MR. SCHIFF: And, Tom, f'm not nefenning to you. I understand So what you're saying, and difference between the I'm not suggesting you don't appreciate the two. I am saying that I think it's pant of oun responsibility, you know, both here but also upstairs, to people understand that unmasklng because right now MR. ROONEY: they think I ls not the it's the same same make sune thing as leaklng, thing. agnee. I still -- and maybe you have stuff that we haven't seen, but I still haven't seen the evidence of a systemic problem with unmasking. So while thene's been a lot of talk about unmasking, and the White House likes to talk about unmasking, my concern ls that the effort to push the unmasking issue is realIy damaglng prospects for 7O2 when we haven't seen a pnoblem wlth 702. And so I am concerned that all this gets conflated. And I think we'ne in the best position in this committee to be making the case. And so I think we've got to do all we can to say, you know, what 702 MR. SCHIFF: And I I is used fon, what teaking ls 68 and how that's different fnom unmasking; that, you know, the case-ln-chief here, centnal assault on 702 was oven Mike Flynn, which had nothing to do with 702. And so that's my and concern. But I -- I agree. I'm just all have to be wonking together. And whether or not unmasking -- the line of questioning of what I was trying to say with unmasking deals with the fact that, you know, maybe it will be an argument fon the people upstairs that unmasking is important if we somehow tighten it up a bit with how people request an unmasking to go fonward. So I think all these things ane things that we should be discussing MR. R0ONEY: togethen as a committee to I asked that question of saying that we try to get reauthonization. Genenal Clapper with negard to And that's why how people ane if it can be done betten. And so we'11 talk about this at a laten date, but I just -- I appreciate unmasked, because I honestly want to know what you said. MR. SCHIFF: And, Tom, I hope you know, f'm not trying to cast any aspensions on you. MR. ROONEY: WeII, I aPPneciate that. MR. SCHIFF: You'ne a gneat member you've taken alI this of the committee, and I think veny seriously. I feel like being the subcommittee chairman to the NSAthat it's going to faIl on myself and lim to try to convince oun colleagues upstains why it's a good thing to reauthonize, and I think that we've got a huge hurdle to cross. So I'm pnobably showing MR. RoONEY: L'1e11, I I some 69 frustration. MR. SCHIFF: blame lim If we have any problem, Himes, but only because I am mone than wllling to he's not here. MR. ROONEY: Thank you. MR. SCHIFF: Dinecton, over to my colleague. Who just one last question before I turn it would hold the secunity cleanance for White House pensonnel? There's been an issue naised about whether Jared Kushner should continue to have his cleanance. Who would be the holder of that cleanance? MR. CLAPPER: l.Je11, based on my knowledge anything works now the NSC would. I mean, again, I'm responding of the prior administnations. I don't know how in this administration. But the National Security Council staff would hold the clearances for people assigned there. MR. SCHIFF: And in youn experience, let's say this didn't -MR. CLAPPER: We11, I should say, in the case of notatlonals, you know, detailees from various components as opposed to sort of the permanent cadne, their cleanances would pnobably be held by the donatlng donon agency. But would 1t have to be approved, vetted and approved by the NSC, and, again, that's -MR. SCHIFF: So would it be an elenent of the IC, though, that would be the doing the neview of someone's clearance if thene was naised a question about whether they should retain that clearance? MR. CLAPPER: at least before, would still WelI, in the case -- yes, in the case of Mike F1ynn, when he was be held by in retined status aften DIA, his cleanance DIA. As a matter I of fact, I know that fon a I 70 fact. MR. SCHIFF: But you don't in particular holds the know who clearance fon Mr. Kushner? MR. CLAPPER: I not, do because he's not a government employee prion to his appointment as an advison. So I don't know who would hold it. In your experience, and taking someone who is not the President's son-in-law, just an ondinany public senvant, if they MR. SCHIFF: failed to disclose multiple were correct meetings with Russians, if that he had a discussion about setting the allegations up a secnet back channel with the Russians thnough Russian diplomatic facilities, and participated in a meeting to get -- to invite Russian Government involvement in the U.S. election, would that penson ever continue to hold a clearance? it would centainly cause great concern on the part of -- if lt wene just a, you know, civil senvice employee, fon example, who wene to do that, and at a minimum, at least suspend the cleanance and investigate the facts and circumstances of those MR. CLAPPER: We1l, contacts. Perhaps they were innocent; penhaps it was just failune of memory. You know, those things would an undenstandable have to be until those were cleared up, and since thene appeans to be a pattern of it, I think that would be of concenn to a adjudicated. cleanance But -granting entitY. MR. SCHIFF: With that, I yield to I Ms. Sewel1. I 7L MS. SEWELL: So, Directon Clapper, my question have thnee questions really. The how would oun ? WouId you knew reganding of the Russians' intenference in you characterize the nature election finst question is is really -- I characterize -- I mean, given the fact that -- what you prion to lanuany 20th and now subsequently what has been publicly leaked or alIeged, interfenence? how would you Would you chanacterize the nature of Russia's specifically constitute it a hostile act? You have obviously -MR. CLAPPER: A what} MS. SEWELL: A hostile act. MR. CLAPPER: Oh. MS. SEI'IELL: Would you -- given youn years of experience exposure to this type of -- you said earlier that you had never anything like this. MR. CLAPPER: So can you help us charactenlze and seen -- Well, I will tell you how it stnuck me. In my intel business, I've seen a lot of bad cnap -- that's a technical tenm -- and none that disturbed me mone than S0-plus yeans in the this. I r remember being -- in your mind -MR. CLAPPER: -- actually being nauseous. It just viscerally affected me like nothing I've even expenienced since I got ln the intel business in 1953. lvlS. SEIdELL: There's no doubt I 72 MS. SEWELL: So would you say that thene's no doubt -- it is an assault on us. It's an attempt to undermine one of the basic pillars of this country. And evenyone, regardless of party affiliation, panty stnipes, ought to be concenned MR. CLAPPER: So, yes, about that. MS. SEIIELL: And what do you MR. CLAPPER: Nell, I did take on the 29th -a first step. things done And think is considen the sanctions announced on I think an appropnlate response? Russians after that. But that menely was a good mone. feel like this curnent administration is doing what lt should do ln an approprlate response to thls intenfenence? WeIl, no, I haven't seen them do anything other than Putin. The Pnesident asked him, did you do it? counse, said no. lust asking kind of bothered me. to ultimately the 29th of Sanuary, as initial step, but there should have been a lot MR. CLAPPER: we the expectation was that thene would be mone to penalize the M5. SEI,IELL: Do you that ask [11:38 a.m.] I And Putin, of r MS. SEWELL: was not 73 Is thene any doubt in youn mind that the interference only punposely done by the Russians, but authonized by the highest levels of the Kremlin? MR. CLAPPER: No doubt I MS. SE!'IELL: lt's know in my mind, that our President has said that he thinks lnterfered. Howwould you respond -MR. CLAPPER: That was news to me when he made the speech in Poland, that thene were others involved. WeII, I don't -- I was not Russia, awane and othens have of any evidence of the Russians. ft anybody else being involved was them and nobody MS. SEWELL: Since inauguration, also in this other than else that wd had evidence of. the dissemination of the assessment and the information about the Russian meddling has emerged. more Most necently, you were quoted ln the medla saylng that you don't believe that the emails associated with the meeting that DonaLd Tnump, ln. had took with the Russian Government lawyers ane the only evidence of collusion you between Dona1d Tnump and explained - - and I think this you explained in Ciphen Bnief . that the Russian offer to provide the negative matenials about traditional was the Russians. To the contrary, Russian To the contrany, Tnump campaign their competitons centainly comports with with tradecraft to give leverage and influence any way that they could. In this classified venue, why do you believe that of collusion will mone evldence emergel MR. CLAPPER: WeII, I don't knowthat it wi1l, but I find it I hand I 74 to believe that the entire boundary of evidence here is just bound up tn those -- in that emall exchange in early lune of 2Ot6. I just find it. That was a one-time anecdote, and nothing else happened. I find that hand to accept. MS. SEWELL: Do you believe that -- how would you chanactenize Donald Jr.'s -- Donald Tnump, Jn.'s accepting this meeting? t^Jas it concenning to you that he accepted it? Do you think that it's something that most folks, given the same circumstances, would? MR. CLAPPER: I mean, his reaction, "I love itr " I think it kind of, to me at least, speaks volumes. MS. SEWELL: Was it pnoblematic? MR. CLAPPER: Yes, it was. MS. SEWELL: How else would you characterize sont of the that hand to believe that that development ? MR. CLAPPER: we wene that was I guess it does -- it does pnove one not surveilling Trump Tower, because we thing, that would have known about contemporaneously. MS. SEWELL: So my othen we neceived from question really is about the emails that lared -- well, what Kushnen, the son-in-1aul, with Russian officials. dashboard wanning light we know about the backdrop from wlth respect to sont of back-channel contact You commented was clearly on, publicly that, quote,'"My and I think that was the case with all of us in the Intelligence Community. Very concenned the nature of these appnoaches MR. CLAPPER: Yes, and to the Russianr " end quote. I think lohn Brennan I about spoke to that when I he testified 75 befone your committee about understanding necessarlly the content the concerns we had, not of these lntenactlons wlth the Russians, but centainly what we wene anecdotally seelng. lust -- the meetings were a source of concenn to all of us. was my comment. And this is befone I left the govennment. these that 5o MS. SEWELL: Right. MR. CLAPPER: That my dashboard wanning because lights were on just of that. M5. SEWELL: Since the neponter was asking about classified information, you were unable to confirm or respond in detail. I r MR. CLAPPER: I And so were awane Kis1yak. that's one thing that of the content of became directly visible, where such an engagement between Flynn we and I 76 so it made you wonden. I think any responsible official in a position like DNI on National Secunlty Adviser, we ane all concerned about it. MS. SEWELL: I know that on March 5th you were asked whethen You know, intelligence exists that could deflnitely whethen thene was collusion, and you said answen the question of that thene was nO evidence of collusion at the time. MR. CLAPPER: Dodd on Meet WeII, the context of that conversation with Chuck the Press was - - that was right after the Pnesident's tweet finst point was to deny that. I did consult with both Directon Comey and f think spoke with Rick Leggett just to be sune. And then what I did say, that we didn't have any evidence of collusion, that was -- found its way into the Intelligence Communlty assessment. And thene ls nothing ln there, tn certainly the hlghly about surveilling Tnump Towen. And so that was -- the classlfied version on the unclasslfled version, about that. MS. SEWELL: Do you stiIl stand -MR. CLAPPER: The I was not awane, to inference is thene, but my knowledge, collusion between the any Tnump camp and MS. SEWELL: And since the stuff that's of been coming I wasn't -- as I said, direct content knowledge of the Russians. then, you have given the context of aII out in the public domain, you did say in it up to the special counsel to determine whether the legal threshold of collusion was bFeached, but from this layman's point of view, it centainly appeans that way the Ciphen Brief that, quote, "I'11 Leave I to 77 me. " Can you elaborate on what MR. CLAPPER: No, speaks led you to -- I can't. I think the statement stands -- it for itself. I don't -- MS. SEWELL: Do you stand by that? I can't make a judgment about what the Iegal thneshold, lega1 definition of -- or if thene is one, collusion here. I can't judge that. It just looks kind of funny to me, you know, walks like a duck, quacks like a duck, it's pnobably collusion. But I'm just a layman. And I'm out of the govennment, I'm a private citizen. I don't have access to, thank God, the classified infonmation anymore. MR. CLAPPER: M5. SEWELL: No, but you have 30-plus yeans IC. And what of experience in the you're saying, if I can just infen, is that -- tlell, collusion is -- again, that is a Iegal, more of a legal tenm, and I'm not competent to make that call. MR. CLAPPER: MS. SEWELL: But at the veny Ieast, much wouLd you be concerned about the pattenn that we've been seeing out of this adminlstnation? absolutely. I'm very concenned about it. MS. SEWELL: l4y last question. To the extent that we really MR. CLAPPER: Sune, should be forward leaning, because we know that you' ve said and IC has said that the Russians you make will do this again, what necommendations would to us, as policymakens -- MR. CLAPPER: l,'1e11, MS. SEWELL: a number of things. -- to get at this? MR. CLAPPER: One, we absolutely positively must secure our I I 78 voting appanatus. MS. SEhIELL: And does that mean imposing minimum standards of, you know, secunity, cybersecunity standards? MR. CLAPPER: WelI, f mean, that would have to be legislated, I think. M5. SEITIELL: Right, night. MR. CLAPPER: That's not something that can be done just via the executive bnanch. I MS. SEWELL: No, MR. CLAPPER: But hean You. that's point one. secondly is educating the of the objectives we had by publishing the unclassified version of the Intelligence Community assessment. Fnustnating to some because, well, it didn't have all the public, which is one substantiating information. I think we must do. I also think it might be -- as I alluded earlien, it might be useful -- in fact, I think So those ane two thene may be news big things accounts injects on requires I've nead about your some mandatory authorization act, which reporting -- MS. SEWELL: Yes MR. CLAPPER: -- on the pant of the Intelligence should be made public on a timely basis if thene is community, which any evidence that the IC detects of such intenference. MS. SEWELL: Yes, but we would I limit that to Federal elections. I MR. CLAPPER: Rather politics of 79 than getting involved and agonizing oven the to go public on such intenfenence. MS. SEWELL: You think it should just be mandatory? MR. CLAPPER: Yes. Then thene's no doubt, and we won't have the pulling whether and when and hauling between the to report or not, parties over whether it's appropriate on the accusations that the Intelllgence that were made by some on the Conmunity was being used as a too1. lvlS. SEWELL: Do you think that thene's sufficient checks and balances cunnently betureen the Depantment of Homeland FBI,ODNI, thene's enough that we could neally get potential cyber attacks that to put in more belts and MR. CLAPPER: gain insight to the heart of or do you think that suspendens types we need of provislons that -- You know, I think we dld a reasonably good Job turbulent, controversial, politically fnaught campaign. And I don't ensuning woul.d happen, Security, the WeII, I'm not sure how you legislate you need to faster. under a veny, veny HiIl know that I could necommend to you, othen than that if there is evidence detected of interference that that be promptly neported publicly. MS. SEWELL: Thank you. MR. SWALWELL: Thank When you, Director Clapper. you briefed President-elect Trump about Russia's lnterfenence campalgn, how would you descnibe hls response or undenstanding of it? MR. CLAPPER: WeIl, first of aII, he was veny solicitous, courteous, solicitous, even complimentary duning the houn, I I houn-and-a-half against the -- we were there. He 80 really couldn't push back very much on the cyben and fonensic evidence, because it was, as laid out by Adminal Rogers, pretty, pnetty compelling. So we didn't hean anything about the A00-pound guy in his bed in New Jersey or any of that stuff. He did allow as how he didn't believe in I would say it was a professional exchange. He got off on wouldn't it be gneat if we could get along with the Russians? I said, yeah, sune, lf we found some convengence of our interests. But I'm in the trust but venify camp when it comes to Russia. I mean, maybe So I've just been anound too 1ong. I'tR. SWALWELL: Would you descnibe his neaction to receiving the nepont as matching his public statements anound Russia's interference campaign? HR. CLAPPER: I,M SONNY? MR. SWALWELL: Would you nepont from you and the IC his public describe his reaction to neceivlng the privately, does it comport with or match statements? MR. CLAPPER: No, it didn't, when he chanactenized us, i.nferned in his press confenence I think on the 10th of January, which caused me to call him. And amazinglY, he took my call. I just -- I just felt I had to defend the Intelligence Community against a characterization like that. that we wene Nazis I I 81 his neaction to that? MR. CLAPPER: Well, he was -- you know, he just said, well, MR. SWALWELL: What was understand how do is I feel about this dossier. And what he wanted me to put out a public statement completely nebutting the dossier, which I couldn't and wouldn't do. MR. SWALWELL: What MR. CLAPPER: did he ask specifically for you to do? I'm sorry? MR. ShIALWELL: So he asked you the you to put out a statement rebutting dossien? MR. CLAPPER: Yes, he all that, did. And I put out a statement explaining by the way. MR. STJAL!'IELL: And to your knowledge, did he ask anyone else to put out a statement rebutting the dossier? MR. CLAPPER: WeI}, read that he appnoached DNI Coats and -- well, I guess that had to do with rebutting the -- or curtailing the FBI investigation. I guess I misspoke there. So no, I don't -- I guess I can't -- I can't necall a case of which you're asking. MR. SWALWELL: Have any parts of the dossien been proven to be false, to your knowledge? MR. CLAPPER: No. Much of it has not been connobonated as tnue Dlrecton Rogers about lt, I've about either. MR. SWALWELL: That's conrect. r I 82 I don't necaIl him reciting the names. !lR. SWALWELL: He told you thene were trlR. CLAPPER: MR. CLAPPER: Yes. MR. SI{ALWELL: Ane you to Moscow for 2015 going an RT celebration? MR. CLAPPER: I heand about MR. SWALWELL: And Community and familian with General Flynn in at from DIA. with your knowledge in the Intelligence ODNI, what type dinector have as to it of understanding who RT was and what their would a former DIA connection to Russia's intelligence senvice was? MR. CLAPPER: Anmy, and, you knoul, WeII, Mike was a caneer intelligence officen in the I knew, you know, what do salute his senvice in the Army. But he centainly the -- on he should have known the Russians. f think the Russians, even duning the time he served as dinector of DfA, were wooing him. MR. SWALWELL: hlhat makes you say that? MR. CLAPPER: DIA In the early headquarters no, I was wooed by the Russians when I was director of nlneties, you know. just like And they had he bnagged he was the me come finst one into thelr ever. I did in L992, and f'm sure there were othens befone me. Russians do And WeI1, And the that. I think he felt because he had - - Openations and he had a special cachet with particulanly with the GRU, because the Russians, he had both Special intelligence backgnound. And he was unique that I way, I at least in modenn 83 tlmes, of a DIA director that had those cnedentials. r think he felt that he -- he could do business with the Russians. And that's based on discussions r had with him when he was stirl so director MR. SWALLTIELL: What Flynn sitting did you make, just as a layperson, of Genenal next to Vladimin Putin WeII, MR. CLAPPER: I wondered what was he doing was at an RT dinner? certainly taken aback by it. thene. I My undenstanding from DrA was he didn't exactly nepnesent -- because they briefed him up, which is a courtesy that is offened to former dinectors of agencies -- briefed him up, at his request, befone he went. r don't know that he explained to them what the purpose of this it was paid for, all that. My impression is they didn't tel} him that -- he didn't tell the DIA that. MR. SWALT^IELL: And I guess not with -- as a laypenson, somebody with intelligence experience, an expert opinion in the field, what do tnip was and whether you make of him neceiving payment fnom RT to give a speech that part of the Russian way or the soft It's pretty there? rs appnoach? -- I believe, at least in lntelligence annals, what RT is neaIIy all about. ft's predominantly funded by the Russian Government as it's considered a MR. CLAPPER: propaganda arm. And MR. SWALWELL: the cEO of well-known what RT ls a friend, a confldante of putln's. FinaIIy, Director, over youn S0-plus years of service to oun countny and in the community, when you look at the number of contacts that Dona1d Tnump, I his family, his campaign, and his I businesses had with Russia tnansitlon, 84 prlor to the election, during the and dunlng the eanly part of his adminlstnatlon, can you put that in context with othen campaigns that you've observedi MR. CLAPPER: necessanily to WeII, I, first of all, wasn't in a position obsenve campaigns I MR. SWALWELL: -- guess has anything like this even landed on your radar? -- as this one, going back over that 50-p1us yeans. I just -- as I said, my dashboard wanning lights were on just because MR. CLAPPER: of the number of these meetings that we sont of anecdotally detected, just by virtue of collection activitles was of concenn. on fonelgn MR. SWALWELL: Wene thene countnies tangets. other than And it Russia? I don't know of a case. Again, my database hene sn't equally comprehensive, going back over the history of our political campaigns, but I certainly am not aware of nor have I read MR. CLAPPER: of that much engagement with panticularly oun primany adversary, the nation-state that poses an existential thneat to this countny, and embarked on a very aggnessive modernizatlon campaign weaponry, which They'ne it -- has of their strategic and they only have one advensary in mind for. in vlolation of the INF Treaty. So, in the context of that, makes you wonder. MR. SI^,,ALWELL: Wene saw the there countries othen than Russia that Trump campaign communicating with? MR. CLAPPER: YCS. I you I MR. SWALWELL: 85 I.lho? I MR. CLAPPER: llR. SWALWELL: MR. CLAPPER: MR. SWALWELL: llhat was the natune of those contacts? I don't know. Any other country? plR. CLAPPER: But, again, I'm -- at least my mental database hene, dredge up fon you the content of those I don't -- I can't meetings. MR. SWALWELL: Thank you. And I thank Mr. Rooney for extending the time. EXAMINATION a Dinector, thank you for being here. My name is I'm a memben of the maJorlty staff. I Just wanted to follow up on several items that we've discussed so fan hene today, and I'11 try to be as concise as it I can. earlier that you did, in fact, discuss the so-caIled dossien with CNN jounnalist lake Tapper? Was youn testimony MR. CLAPPER. WeIl, after it was out, yeah. a out, what do you mean by that? And by MR. CLAPPER, lt Well, once it was public. It wasn't -- you know, wasn't like this ls an fntelligence Community document or anything. This was out in the media. a And what wene lvlR. CLAPPER. the nature of those convensations? I don't remember I specifically. I a 86 Did you discuss the dossier with any other -- -- I probably sald much of what I sald here, that it was not a part of oun nepont, and the reason was because we I MR. CLAPPER. may could not conrobonate the second-, third-orden assets that were used, apparently, a to put the dossien together. Did you discuss -- MR. CLAPPER. Oun pnimary we purpose -- I this -- was that Trump that it was out do nemember felt obliged to alent then Pnesident-elect there. a Did you discuss the dossier with any other Journallsts besides Mn. Tapper? MR. CLAPPER. I could have. I don't nemember specifically talking about the dossien. a statement Trump Now, you mentioned eanlien that you issued a public in connection with youn subsequent after the dossier phone call with President leaked. MR. CLAPPER. Right. in that statement, you said that the Intelligence Community had not made any judgment that the informatlon in this document is neliable, correct? MR. CLAPPER. Yes, I think that's what I said. a So, in retnospect, even though, given that you hadn't validated on made any judgment on the infonmation, do you sti1l believe it was the conrect decision to include this as an annex to a compartmented nepont bniefed to the President and President-elect? a And I I MR. CLAPPER. Yes, a And is that I 87 do. because of the duty to or fon wann some othen neason? MR. CLAPPER. No, know about it. that And, as I was the basic reason. It was that he should said earlier, we did have discussion about whether should that report have been included in the report, the formal assessment ltself. And our judgment was not to do that, because of the inability to conroborate, either rebut on confinm in that dossier. But yeah, f impontant do much of what think, for reconds purposes, it was was that it at least be appended to the classified version. a And subsequently, have you ever chanacterized that decision to include the dossier as an annex to the ICA as a model or exemplar for IC professionals to follow going forward? MR. WAINSTEIN: That is It wasn't annexed. I believe it was a summary. not the whole -- night. That's night. MR. CLAPPER. WeIl, I think fon the highly classified That's I: vension what we is -- weII, what -- that's a gneat an abnonmal, unusual, unique didn't formally include it situation here? was because mainly centered around veracity or the of the question. What's a model fon And so of tnadecraft the reason concerns that inability to verify the veracity sources. a understand ,"I' Now, it's been youn nepeated testimony today, as I it, that there was no -- you're not aware of any dinect I I 88 evidence of collusion between Russia and the Trump campaign durlng your senvice as DNI. Is that ,vtR. CLAPPER. That ' a in litanch conrect? s right . And tils. Sewell bnought up with Chuck Todd of earlien in an intenview you did NBC, whenein you said thene was no evidence of that included in our repont, which you testified? MR. CLAPPER. Yes, that's night. We didn't have evidence of collusion that met -- that found its way into the neport. I did make that statement. a And then, after followup questions from Mr. Todd -- MR. CLAPPER. I a -- you said, not to my knowledge. said: At the time, we had no evidence of such collusion. MR. CLAPPER. That's night. I believe -MR, CLAPPER. That met the evidentiany bar. Again, you know, I know it's cool to take individual sentences, but you got to understand the context of the entire exchange with Chuck Todd. a And then subsequently, a lJell, aften you sald, there in the nepont, said, not to he 1s no evidence of that lncluded said, I understand that, but does it exist? And you my knowledge. MR. CLAPPER. That's night. asked: If it existed, it would have been in this nepont? You answened, this could have unfolded or become available in the time since I left the government, implying that it a And you wene I r was 89 not available prion to lanuany 20th. MR. CLAPPER. No. It could have been available, but not made available to -- it could have been -- it could have existed, but not made available to me, or it could not have existed. I don't know. a asked But you subsequently followed up, because he sont of several questions on this point, that at the time we had no evidence of colluslon. That ls what you told hlm, correct? MR. CLAPPER. That's night. We had no evidence that such met the evidentiany thneshold of the confidence levels that we were striving fon in that a community assessment. But at that timer you didn't provide that additional caveat about confidence levels, conrect? MR. CLAPPER. Well, I think I did. If I necall the transcnipt -- I'11 have to go back and re-read the transcript. a said there On Manch uJas no 6, you gave an interview to evidence whatsoever at the time the Trump campaign and the Russians. ABC News, Brian Do you ABC News, where you of colluslon between recall telling that to Ross? I didn't have any evidence -- I don't care how you want to caveat it -- of collusion. a Right. So in Manch -- that's sont of the question I'm hoping to get some clanlfication on -- is on two successive days in March, you said at the tlme, whether on not it existed, you dldn't have any evidence of collusion. And I 'm wondering what's changed fnom then until now, whene it's gone fnom no evidence to sort of no direct MR. CLAPPER. I 90 evldence ? MR. CLAPPER. Wel1, an adjective. I don't get what you'ne getting at a f'Il move on. So -there's certainly MR. CLAPPER. And out. it that's come the email exchanges. O you I don't see a neal difference- That's just t'1e11, about. campaign that's When that was the lune meeting and the lead-up -- actually the next thing f did you first become aware widely neponted in the pness? out, last WeIl, I think weekend or wheneven So you wenen't aware MR. CLAPPER. No, I I saw it it was. was going on Jn., and of and to of the meeting between Tnump, MR. CLAPPER. a been evidence suggestive ofFicials, including Donald been a Witness here. ask Tnump the Russian Lawyer television wheneven it came of that meeting prion to January 20th? was not. So any discussion about a quid pro quo on the assessment that thene would be additional evidence out thene, that's based on your intel professional, not from any evidence, right? MR. CLAPPER. Exactly. As I said, I just find it hard to believe that thene was just this one anecdote, this one email trail fon oven 6 days and the meeting, and that was it, nothing else happened. I just find that kind of hand to believe. judgment as an a perhaps And the same for the assessment that these individuals or secunity based on what you've read in the acting as cutouts to the Russian services, that's just an assessment I were Govennment 91 open press? MR. CLAPPER. Yes, that's a judgment that I've made and othens have as weII, expenienced intelligence officers. a MR. CLAPPER. a ) MR. CLAPPER. a MR. CLAPPER. a I MR. CLAPPER. a I 97. MR. CLAPPER. I a MR. CLAPPER. a You also stated that you didn't personally brief the this information. Is that conrect? MR. CLAPPER. I did NOt. President on a Do you know whethen he was bniefed on that conversation? I don't know for sure. I can't testify to that. You also said eanlier that you expected - - aften the MR. CLAPPER. a of our govennment were announced on the 29th, you expected the Russlan Government to necipnocate by expelling the same numben of U.S. pensonnel from Russia. Is that right? measures MR. CLAPPER. That's right. a a I I MR. CLAPPER. 93 I a MR. CLAPPER. a last to the ICA, Tunning my undenstanding infonmatlon was Decemben 29th, and that it is that the date of was published on -- sent to the White House on January 5th, and published and briefed all around on lanuany 6th. Can you just tell us what happened between Decemben 29th and January January 5th or 6th? MR. CLAPPER. a Well, I don't -- Other than the New Year's ho11day. MR. CLAPPER. -- know exactly the date, but what the main -- main involvement at ODNI was to oun pnovide top coven fon the people, the ce1l of people, who wene putting this together, and to see if thene were any intennal problems, intennal obstacles, and pnovide top cover to allow them to get their to get this done. And so they wonked over holidays and all that in orden to finish -- finish the ICA, because Pnesident Obama made it veny clean he wanted it done before the end of his administration. So we hustled work done and I I to get it -- to a comply with that direction. elaborate on what you Can you Top cover against what MR. CLAPPER. 94 Critics, outsldens, to -- give them the latitude. editorial windage on the conclusions orchestrate some by provide top cover? sort of fine? wanted to inject to the community, and allow anybody themselves, eithen internal on external them mean that didn't give them any on the wniting of it. We had to And we very sensitive cleanance accesses among the thnee agencies who wene involved. And what was your a any disputes with nespect role in neviewing, editing, adjudicating to the MR. CLAPPER. Very minimal, did nead a ICA? other than draft of it, just fon ovenall work and did make sure it got done. I awareness and quality of the the -- you know, the evidence, that did it comport on an evidentiany basis with what the stneam of nepontlng that we'd been seeing And, again, I tnied to -- I guess the only issue was the one confidence leveI that Admiral Rogens pensonally lowened. That was not an institutional ca11. That was his own pensonal calI, and that's his prerogative. a And recommendations did you make any pensonal edits, adjustments, ? MR. CLAPPER. a review the I did NOt. And do you necaIl roughly ICA? I when you had the opportunity to r of lune -- the 4th of June, I guess. I don't know when it was. I reviewed lt. I knou I stayed qulte late to nevlew lt, because f was golng to bnief Pnesident obama on it on the 5th. So probably the 3nd or 4th. a And just for the recond, that's Januany, not June, night? MR. CLAPPER. I 95 know 2:30 on the 5th Yes. If I said June, f misspoke. Januany. a So the fCA was directed on or about Decemben 9th? MR. CLAPPER. It was sometime during the first week of Decemben. MR. CLAPPER. I don't nememben a to the exact date. And you mentioned that President Obama wanted it done prion him leaving office MR. CLAPPER. Exactly. a In my it or not, intel was it's not -- or often, whethen we like can sometimes take quite a bit longer. What undenstanding, pnoducts his reason for directing a hard date as to when the repont had to be neleased? it out befone the end of his tenm to pass on to the next administration. He wanted all the repontlng, on as much as we could gathen up in that timefname, and put it together in one repont, as opposed to all these separate stneams of reporting we had. Get it all in one p1ace. And he wanted to hand -- his intent was to hand it off to. the next administration, to the President-e1ect and Pnesident Tnump and to the Congress. And he also mandated that, to MR. CLAPPER. He wanted the maximum extent possible, that we issue an unclassified version fon the benefit of the public. r I And given a was that the nepont was directed by the President 9th, on about December 95 of infonmatlon was December 29th, and the date there any concenn that oven that 2@'day peniod that, given quickly lt on nushed was put together, that something might in way? any on MR. CLAPPER. WeII, you always have be missed how or inconnect that concenn. It doesn't -- such a document takes. And thene is fixed timeline fon length of time it takes to do an ICA. a But thene was in this case, night? matten how long the nepont no HR. CLAPPER. I'm sonrY? fixed timeline in this case, night? MR. CLAPPER. No, I'm just saying thene is no fixed dead -- there's a no There was a fixed rule book on how long it takes to do an Intelligence Community assessment. a this So was there any concern about havlng a flxed timeline in case? MR. CLAPPER. operates unden WeIl, sure. I mean, the Intelligence tight deadlines all the time. ane concenned about or completeness, that, sure. you know, Community And, you know, you always that you've But we've done estimates compnomised accunacy that take months that you have the same concenn. : r think we just have a couple minutes left. r'm going to ask our last questions. to tunn it over to my colleague, I f I rhanks, ,YI I I I a many yeans And thank you, General Clapper, of senvice for being here, h,as a WaIl Stneet in tlme a little blt, at the end of lournal antlcle neganding NSA aften that article, you came in with Admiral 26L5 collection of U.S. penson infonmation related to llembers of Congness or week and fon youn to our country. Real qulck, golng back there 97 staff. Rogers and you The briefed the committee on the inaccunacies of the article and setting the necord straight. And Rogers at that briefing, I think majority, minonity, you and Adminal aII agreed on MR. CLAPPER. a 0f the necessity of Gates pnocedures. what? The Gates procedures. MR. CLAPPER. Yes. a So, kind of tying as you mentioned earlier, of it oun back into the idea of the sanctity, electlons, but also one things about oun country is the peaceful tnansitlon of Do you of the great powen. think th'at we should have a similan type of pnocedures related to the U.S. Presidential transition team or even Presidential campaigns, whene the dissemination be infonmed to of that type of information should Congress? MR. CLAPPER. It should be neponted to Congress? lt's just your opinion. MR. CLAPPER. I don't know. Again, this whole evolution is a veny unusual situation. I mean, I can undenstand a congresslonal intenest in lt, so I guess -- I mean, I wouldn't have any reason to oppose that. A I I Put it that A 2OL7, way. you. Thank the 98 New Yonk Then so fast forwardlng in time, Tlmes published an on March 1st, article statlng that the obama administration nushed to preserve intelligence on Russian election hacking. And White House efforts to I'm quoting frorn the article hene. officials undenmine scnambled to It says that, spnead information about Russian the Presidential election and about possible contacts between associates of President-elect Donald J. Russians across So Tnump and the government. " is this article f'1R. CLAPPER. The a "Some accurate? opposlte was true. The opposite was true? MR. CLAPPER. Yes. Because of the sensitivity, panticularly for the super-duper classified version of that report, the interest mone in protecting it. So the places that had access to it was were basically the three contributing agencies and ODNI. a MR. CLAPPER. a -- to send MR. CLAPPER. A effort on behalf of the administration -No, not that I'm aware of. 5o thene was no Okay. this stuff all acnoss the government? NO. And then my final question, there was an earlien line of questioning negarding searching through NSA stones using U.S. penson it happened to make me think about the ability for NSA to seanch in its stores using U.S. person identifiers, specifically in the 7A2 collection, which is an issue. This U.S. person query line identifiers. And I of questioning 99 has centainly been discussed over the past few yeans. Would you please explain, over your counse as being DNI, why, if Congness wene to put in change the way the Intelligence Community is able to search in data, how some sont of probable cause requirement on that would impact the Intelligence it MR. CLAPPER. We1I, of is whether, if there is would to -- you want to impact I can think situation, unless there you know, some safety valve there whene you know, you have Community negatively? -- the immediate an extnemls its 702 were, if for whatever neason that, have that outlet in case of Ilke that. And also, just to follow up, do you a cincumstance A know negarding the dossier that was discussed earlier, do you know who paid Mn. Steele to conduct the information or the investigation that would lead to the dossier? MR. CLAPPER. I don't know -- well, if payment'fon the document, and been I don't know thene was that, it if you, Directon. I just have a couple mone questions, then I'11 hand it off to my staff. that while Mike Flynn that the Russian intel agencies, and or not. you, sir. MR. SCHIFF: Thank You mentloned was I don't know thene was some compensation arnangement there Thank to -- thene would probably have the FBf. But, again, you'd have to ask them. personally -- if GRU was We're almost at the end. the director of the on othens, had made an I can't remember the tenm you used fon it. MR. CLAPPER: Woo. I DIA effort I 100 MR. SCHIFF: To woo him. MR. CLAPPER: As they had MR. SCHIFF: What And you mentioned me when I was dlrecton of efforts dld they make to DIA. woo Michael Flynn? that he thought that he might have some special ability to cultivate that nelationship. Can you descnibe that for us? MR. CLAPPER: That is simply my amateur analysis., because he was very big on engaging with the GRU. chief visit him. I did the same He thing visited thene when I and had the served as GRU director of in the eanly nineties, and had an engagement with the Russians, tried to partnen with them, which was completely unsuccessful. So I have a very jaundlced vlew of deallng with the Russlans. And I tried to impart some fatherly advice to Mike Flynn when he was engaging with them, because I said, you know, my own experience when I was the DIA dinector of DIA. MR. SCHIFF: Now, was involved the GRU is one in the hacking of emails. after he left the DIA, maintained MR. CLAPPER: I dO NOt. of the two main agencies that Do you know whethen any relationship with MR. SCHIFF: Do you know whether, when he went RT-supponted trip, to Mr. Flynn, GRU? Moscow on the whether he also had GRU meetlngs? I don't know that. It would have not been unusual, I think, for him, as a formen dinector of DIA, to have met with the GRU. I doubt if they did. hleIl, I don't know. But, again, I don't MR. CLAPPER: know that he did. MR. SCHIFF: Can you teII us a litt1e I bit about the circumstances I in 101 left the DIA? We1I, bean in mind I'd which Mike Flynn MR. CLAPPER: known him a long time and r was a co-officiant at his pnomotion ceremony to thnee-star genenal in the woman's Memonial, and he worked for me fon about 11 months at ODNI, and was He went fine. to DIA, and he had issues there. And my concern was his lmpact on the Agency. And Dr. Mike Vickers, who was my successor as for Intelligence, was -- for him, it was a case of flat-out insubondination. So Mike Vickens and I had a numben of discussions about it, and he was adamant about endingMike Flynn's tenure as DNr -- as DrA director. As a Defense agency, he kind of had Under Secretany of Defense the primacy thene. -- I think this was in early 20t4, r'11 say about Febnuary of 2ot4 perhaps -- and lald lt out fon General Flynn. And he actually took it very well. He was very gnacefur about it. At no time was there any discussion about his stnident views on ISIS. That neven came up. It wasn't a topic of discussion, and it wasn't -- it didn't bear on the decision to curtail his time as DrA director. We told him he could stay until the summer of 26L4, so he 5o we met with General Flynn could get his 3 yeans in as a lieutenant-generaI, which is the minimum to netire in that grade. So it was some months laten, I thlnk July of you need 2Ot4, when he had a magnificent farewell, netirement and awand cenemony for him, which both Dn. Vickers and MR. I panticipated. And he seemed fine. SCHIFF: So you mentioned he had issues at DIAand that also r 102 thene was an issue the issues at of insubordination with Directon Vickers. DIA? MR. CLAPPER: constantly changing Pompeo, he CIA and but WeIl, his rather ernatic it management style, just things. His neorganization of DIA, which wasn't idea. It actually a bad What wene presaged CIA's modennization, which Dinector doesn't like that tenm, but, anyway, the neonganization at the setting up mission centers. And so it was -- the execution was very -- was a good idea, was bad, and it was very hard on the employees. And then, of course, there General F1ynn was convlnced was the infamous F1ynn facts, that the Iranian Dankan where Iphonetic] was behind the Benghazi attack, which wasn't the case, and he kind of pounded up the employees there to go find his supposition. just bad So he had cases some evidence that would back like that. But he was -- it for the Agency and, you know, the morale of the was employees was going down. MR. SCHIFF: Vickers In what r,lay was he insubordinate to Directon ? MR. CLAPPER: anound f don't know the exact issues, but it the Defense Clandestine Service, which initiative fon Dn. Vickens. And was centened a big important you'd best talk to him about it. MR. SCHIFF: The explanation that he gave fon being pushed out tnuthfully about the thneat posed by ISIS, and that that was evidently, in his view, inconsistent with the political nanrative the White House wanted to te11. Did you ever see was that he was speaking I I any evtdence 103 of that? No. That wasn't -- that was not a factor for me, and nothing -- you know, I didn't think he said anything untoward about MR. CLAPPER: that. MR. SCHIFF: And either during on aften his departure, did demonstrate any bittenness towands the IC as a the how he left IC? MR. CLAPPER: as result of he I necounted. tdeIl, not that I The I never of at the time. That's last time f actually had contact with pensonal contact, was the cenemony And was aware -- the next time I I think in July of had any contact two telephone conversations with him during the him ata11, 2Ot4.' with him, I tnansition, had which wene professional and courteous. MR. SCHIFF: Did he ever demonstnate a particular grudge towands the CIA? MR. CLAPPER: WeIl, he had issues with the CIA when he senved in that of the article that he had his Afghanistan. And on, which quite critical of intelligence in and of Afghanistan. And was was pant name I think thene was perhaps at that time some animus towards CIA. MR. SCHIFF: Let me hand it oven to staff now. BY A Sin, I just have two quick questions. you about the short timeline you had in the IC Intelligence Community assessment you have any reason to prepare the of Russian intenfenence. Sin, to believe the I My colleague asked ICA contains unsupponted do 104 conclusions ? MR. CLAPPER. And you stand by a MR. CLAPPER. a aware NO. its findings? I do. I did and do. You mentioned also that, as you sit here today, you're not of dinect evidence of collusion. In the email exchange outlining the meeting between the Russian Govennment lawyen and senior Tnump officials, is that evidence of at least an intent to collude? MR. CLAPPER. Well that's -- agaln, fnom a layman's perspective only, that's what it appears to me. A And we look forwand to, as a commlttee, exploning those issues, that if, in fact, damaging naterial is passed, as it was implied in the email, and if the campaign took any actions in response to that, does that sound like collusion? MR. CLAPPER. WelI, again, from a layman's perspective, if -- yes, it does. Thank you. Thank you very much, sir. campaign BYI I a MR. a Just have one questlon. CLAPPER. Do you have a micnophone? I'm sorry. Getting away I can't hean you. from collusion, fnom an intelligence penspective, from a HUMINT necnuitment cycle, counterintelligence, as you'ne watching these contacts and looking at it met fnom the Russian objective, are you seeing thein objectives being ? I I MR. CLAPPER. We11, specifically, now. I because 105 I can't -- f don't f don't have any pnobably wouldn't have even know, you know, insight into that sont of thing if I to classified had access information. But certainly, the approach they took here is very steneotypically Soviet/Russian practice. A soft appnoach, plausible deniability, determine if there is interest, which thene was, and that's pnobably all they wanted to detenmine for that a And the ICA dealt with an entire influence one activity, but an entire campaign. encounter. campaign, not l.'lR. CLAPPER. Right a When you look at the campaign and you look at the Russians establishing a netwonk, that would lnclude, fnom youn expenience, both people who may knowingly be cooperating, may unknowingly be et cetena, but meanwhile that can aII, from Putin's perspective, all work to coopenating, may think they'ne building wonld peace, accomplish his objectives? MR. CLAPPER. Yes. And that people can be recruited it's too late. And I think John Bnennan has spoken and coopted, penhaps that is, again, the soft to that, unwittingly, until approach that Russians have long used. I I MR. SCHIFF: have no othen questions. rhat's 1t, sin. Thank you. Directon, thank you very fon coming in again. r Thank you. much fon your service and I MR. CLAPPER: [Whereupon, Sune. 106 Thank You. at 12:32 p.m., the interview I was concluded]