I've repeatedly tried to work with your office first and delaying the hearing
until February and then in providing you our questions in advance I did this
because executive branch's own rules governing assertion of privilege which
were issued by President Reagan and have been followed ever since say that
ultimately it is up to the president to decide whether or not he wants to assert
executive privilege you cannot repeat forever that the president might want to
assert privilege I've given you a fair opportunity to prepare for the hearing
and to and to speak with the White House in advance so that we could avoid this
fight in the first place but you don't appear to have done any of that
the department's failure to do its due diligence here to me is deeply troubling
I do not believe that issuing a subpoena here would correct the problem but I'm
going to give you the opportunity to rectify the situation after today's
hearing we will attempt to reach an accommodation with the Department to
obtain answers to these questions as part of that process I ask for your
commitment to return for a deposition before this committee and the following
in the coming weeks under oath with an understanding that the transcript will
be released to the public as soon as practicable thereafter any questions
that are unanswered today require consultation with the White House will
be asked again at that proceeding and I expect either a clean answer or a proper
assertion of privilege claimed by the president I would ask members on both
sides of the aisle to make those questions clear for the record so we
know what must be addressed at the future proceeding now in your capacity
as acting Attorney General have you ever been asked to approve any request or
action to be taken by the special counsel mr. Chairman I see that your
five minutes is up and so
we-we-we I am me I'm here voluntarily we have agreed to five minute rounds and
committee I think that's a fine place to end the five-minute rule
the committee will end will come to order
I will point out that we didn't enforce the five-minute rule on an attorney
acting Attorney General Whittaker we will
I understand mr. Rao was just saying there might be a good breaking born at
that or you know the the Attorney General was in the middle of saying
something a question answer the question please
regular order should I ask the questioning okay in your capacity yes
question let me let me just repeat the question so because so people remember
what we're talking about in your capacity as acting Attorney General have
you ever been asked to approve any request or action to be taken by the
special counsel mr. Chairman I as the acting Attorney General I am under the
special councils rules I am the person that is ultimately in charge of the
investigation and I have exercised that authority under these special counsels
regulations of the Department of Justice's so I assume the answer is yes
your order mr. Hewitt I assume the answer is yes you haven't asked an
approval request to action and you've said yes or no Kevin
in other words mr. Chairman I want to be very clear about what you're asking me
are you asking me if I have asked a special counsel to do something regular
order mr. chairman well I'm I'm asking if I think my words were clear enough
have you ever been asked to approve any request to actually be taken by the
special counsel last week you commented on the status of the investigation
saying the stating it was close to being completed on quote this was said despite
the fact you recognized just moments before that it was ongoing stating quote
I really am NOT going to talk about an open and ongoing investigation otherwise
close quote so all I'm asking you is have you been asked to approve or
disapprove a request or action to be taken by the special counsel point of
order mr. chairman I've asked the question of order
when the water is not in order until the question is and we're not operating
under the five-minute rule anymore that point of what the witness will answer
the question I want to be very specific about this mr. chairman because I think
it's gonna rely a lot of fears that have existed among this committee among the
legislative branch largely and maybe amongst some American people we have
followed the special counsels regulations to a tee
there has been no event no decision that has required me to take any action and I
have not interfered in any way with the special counsels investigation very good
thank you my time is expired and they recognized the ranking member the
gentleman gentleman from Georgia mr. Collins Thank You mr. chairman
again it is playing out exactly as we thought this is my colleagues across the
aisle when we had questions about the FBI's operation in investigations it was
those stay away we don't wanna get close to mauler in fact the Chairman even said
you know we is it no longer okay to wait for Robert Miller well it's no longer
right they got you in front of them right now so get ready this is all this
is gonna be DOJ oversight and it is someone's gonna say for a second there
is some things interesting here that you did torn out in your opening statement
that they do need addressing I think there's a lot of things whether it be
voting rights issues whether be civil rights issues and other things and I get
that but I'm also going to deal with something that is directly under your
oversight provision mister acting Attorney General and we're gonna talk
about but something I've written a letter about and believe I believe that
lying before this body or anybody is wrong especially under oath and that's
not the issue but the issue is tactics and I question is were you aware of
Roger stones indictment before it became public
congressman Oetzi as you know a important question it is also mr. stone
is part of an ongoing investigation but I have again been briefed on the special
counsels investigation that would have been a you know that would been
considered a development that I would have been briefed on and I was briefed
on that