as we discussed earlier at the center of Mr Clark's plan to undo
President Trump's election loss was a letter.
Mr Donohue on December 28th, Mr Clark, email Jew and Mr Rosen a draft
letter that he wanted you to sign our and send to Georgia State officials.
You testified that this could have quote grave constitutional consequences.
Mr. Donahue, can you tell us what you meant by that?
Well, I had to read both email and the attached letter twice to make
sure I really understood what he was proposing. Because it was so
extreme to me. I had a hard time getting my head around it initially.
But I read it and I did understand it for what he intended and
I had to sit down and serve composed. What I thought was an appropriate
response. I actually initially went next door to the acting a G s
office, but he was not there. We were both on the email. I knew we
were both have probably very similar reaction to it.
He was not in his office or returned to my office, and I sat down
to draft a response because I thought it was very important to give
a prompt response, rejecting this out of hand.
Um, there were in my response. I explained a number of reasons. This
is not the department's role to
Suggest or dictate the state legislatures how they should select
their electors.
But more importantly, this was not based. On fact, this was actually
contrary to the facts as developed by department investigations over
the last several weeks and months.
Respond to that. And for the department to insert itself into the
political process. This way, I think would have had grave consequences
for the country.
It may very well have spiraled us into a constitutional crisis.
And I want to make sure that he understood the gravity of the situation
because he didn't seem to really appreciate it.
And what was Mr Clarke's reaction when you
Sent this email to him.
He didn't respond directly to the email. But we met shortly after
that. After I sent the email, acting a G returned. I went to his
office. He had just read it. He had a very similar reaction to me.
He was exasperated, and he told me that he had told when there was
administrative assistance to get
Jeff Clark up here. We want to talk to them face to face about this.
And so the three of us had a meeting.
Probably around 1800 that night in the, uh Deputy Attorney Generals
Conference room.
And one of the things that you said to Mr Clark is quote. What you
are doing is nothing less than the United States Justice Department
meddling in the outcome of the presidential election.
And I assume you convey that to him as well. And your meeting that
evening? Yes, In those very words. It was a very contentious meeting.
But yes, that was set amongst other things.
Um
And despite this contentious meeting, and you're strong reaction
to the letter did Mr Clarke continued to push his concept in the
coming days?
He did? Yes. Um
We had subsequent meetings and conversations. The acting A G probably
had more contact with him than I did, but between the 28th and the
second when we had another in person meeting, he clearly continued
to move down this path.
He began calling witnesses and apparently conducting investigations
of his own.
And he got a briefing from
DKNY about
Purported foreign intelligence interference. Um and
We thought, perhaps once it was explained to him that there was no
basis for that part of his concern.
That he would retreat. But instead he doubled down and said, Well,
okay, so there's no foreign interference. I still think there enough
allegations out there that we should go ahead and send this letter
which shocked me even more than the initial one because you would
think after a couple of days of looking at this
He like we have come to the same conclusion that it was completely
unfounded.
And when you learned that he had been calling witnesses and conducting
investigations on his own. Did you confront him? Yes, And what was
his reaction?
Got very defensive. Um, you know, as I said, there were a series
of conversations through that week. I certainly remember very specifically
the conversation in the meeting on January 2nd.
That got even more confrontational. But he was defensive and similar
to his earlier reaction when I said this is nothing less than Justice
Department meddling in an election
His reaction was. I think a lot of people have meddled in this election,
and so we kind of want to that and then spewed out some of these
theories, some of which we heard from the president villages which
were floating around the Internet.
And media and just kept insisting that the department needed to act
and needed to send those letters.
The committee is also learned that Mr Clarke was working with another
attorney at the department named Ken Krukowski. Um, who drafted this
letter to Georgia with Mr Clark.
Mr Kukowski had arrived at the department on December 15th with just
36 days left until the inauguration.
Um, he was specifically assigned to work under Jeff Clark.
And Mr Kukowski also worked with John Eastman, who we showed you
at our hearing last week was one of the primary architects of President
Trump's scheme to overturn
The election.
That Georgia letter that we've been discussing specifically talks
about some of Dr Eastman's theories, including quote the purpose
of the special session, the department recommends would be for the
General Assembly to determine whether the election failed to make
a proper and valid choice between the candidates.
Substitute General Assembly could take whatever action is necessary
to ensure that one of the slates of electors cast on December 14th
will be accepted by Congress on January 6th.
Committees also learned that the relationship between Dr Eastman
and Mr Kukowski persisted after Mr Kukowski joined the Justice Department.
Let's take a look at an email recommending that Mr Krukowski and
Dr Eastman brief vice president Pence and his staff
Other recipients of this email included the chief of staff to Congressman
Louie Gohmert.
And the email says As stated last week. I believe the vice president
and his staff would benefit greatly from a briefing by John and Ken.
As I also mentioned, we want to make sure we don't overexposed Ken
given his new position.
His email suggests that Mr Krukowski was simultaneously working with
Jeffrey Clarke to draft the proposed letter to Georgia officials
to overturn their certified election.
And working with Dr Eastman to help pressure the vice president to
overturn the election.
I want to thank all of our witnesses for being here today and for
answering our questions about this letter and other issues.
We asked Mr Clark some of the same questions that we've asked you.
And here's how he answered.
Did you discuss this draft letter to George Professionals with the
president of United States, Fifth and executive privilege again?
Just restated for the abundance of caution. Okay, if you look again
at the draft letter in the first
Paragraph.
Second sentence is the department will update you as we are able
on investigate Tory progress, But at this time we have identified
significant concerns that may have impacted the outcome of the election
in multiple states, including the state of Georgia.
Isn't that in fact, contrary to one, Attorney General, Barr had said.
Uh, on December 1st 2020
Death.