JW v State Mull deposition 01363
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Transcript Stephen Mull Date: June 2016 Case: Judicial Watch, Inc. -v- U.S. Department State Planet Depos, LLC Phone: 888-433-3767 Fax: 888-503-3767 Email: transcripts@planetdepos.com Internet: www.planetdepos.com Worldwide Court Reporting Interpretation Trial Services THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COLUMBIA JUDICIAL WATCH, INC., Plaintiff, Civil Action No. U.S. DEPARTMENT STATE, Defendant. 13-cv-1363(EGS) Videotaped Deposition STEPHEN MULL Washington, Friday, June 2016 10:05 a.m. Job No.: 111881 Reported by: Debra Whitehead Videotaped Deposition Stephen Mull Conducted June 2016 Videotaped Deposition STEPHEN MULL, held the offices of: U.S. DEPARTMENT JUSTICE Massachusetts Avenue, Washington, 20035 (202) 514-3319 Pursuant notice, before Debra Whitehead, Approved Reporter the United States District Court and Notary Public the District Columbia. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 BEHALF PLAINTIFF: MICHAEL BEKESHA, ESQUIRE RAMONA COTCA, ESQUIRE JAMES PETERSON, ESQUIRE PAUL ORFANEDES, ESQUIRE JUDICIAL WATCH, INC. 425 Third Street, Suite 800 Washington, 20024 (202) 646-5172 BEHALF DEFENDANT: STEVEN MYERS, ESQUIRE ELIZABETH SHAPIRO, ESQUIRE MARCIA BERMAN, ESQUIRE LARA NICOLE BERLIN, ESQUIRE U.S. DEPARTMENT JUSTICE CIVIL DIVISION Massachusetts Avenue, Washington, 20530 (202) 514-2205 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 ALSO PRESENT: MELISSA CALL, Department Justice DEREK FOX, Video Specialist THOMAS FITTON, President, Judicial Watch GREGORY LAUDADIO, Judicial Watch CAROLINE WOLVERTON, Department Justice PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 EXAMINATION STEPHEN MULL Mr. Bekesha PAGE (Attached the Transcript) DEPOSITION EXHIBIT PAGE Exhibit E-mail String Exhibit E-mail String Exhibit 1/28/11 E-mail from Mr. Crowley Ms. Mills, al. Exhibit E-mail String Exhibit E-mail String Exhibit E-mail String Exhibit January 2016 Evaluation the Department States FOIA Processes the Office the Secretary Exhibit for Requests Involving May 2016 Office the Secretary: Evaluation Email Records Management and Cybersecurity Requirements PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 DEPOSITION EXHIBIT Exhibit PAGE 1996 Secretarial Transition Background Materials, Office the Secretary Administrative Support, Procedures, and Staffing, 122 November 1996 Exhibit No. 96-009 S/S-EX Administrative Procedure, Subject: Records Management PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 131 Videotaped Deposition Stephen Mull Conducted June 2016 Here begins Tape Number 10:04:49 the videotaped deposition Stephen Mull 10:04:57 the matter Judicial Watch, Inc., versus U.S. 10:05:03 Department State, the United States District 10:05:07 Court for the District Columbia; Civil Action 10:05:10 Number 13-CV-1363. 10:05:14 VIDEO SPECIALIST: 10:04:49 Todays date June 3rd, 2016. the video monitor 10:05. The time The videographer today Derek Fox, representing Planet Depos. This video deposition taking place Massachusetts Avenue, Northwest, Washington, DC. Would counsel please voice-identify themselves and state whom they represent. MR. BEKESHA: Michael Bekesha, behalf Judicial Watch. 10:05:25 10:05:30 10:05:35 10:05:39 10:05:44 10:05:46 10:05:49 10:05:50 MR. ORFANEDES: Paul Orfanedes, behalf Judicial Watch. MS. COTCA: 10:05:21 10:05:50 10:05:50 Ramona Cotca, behalf Judicial Watch. MR. PETERSON: 10:05:53 10:05:53 James Peterson, behalf Judicial Watch. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:05:53 10:05:53 Videotaped Deposition Stephen Mull Conducted June 2016 MS. SHAPIRO: Elizabeth Shapiro, behalf the Department State. 10:06:01 MS. WOLVERTON: behalf the Department State. MS. BERLIN: Caroline Wolverton, Lara Berlin, Department State. Marcy Berman, Department State. MR. MYERS: Department State. Steven Myers, for the Tom Fitton, President Judicial Watch. 10:06:09 10:06:11 10:06:17 10:06:17 MR. LAUDADIO: Gregory Laudadio, Judicial Watch. 10:06:21 10:06:24 VIDEO SPECIALIST: 10:06:06 10:06:12 MR. FITTON: 10:06:05 10:06:11 10:06:01 10:06:07 MS. BERMAN: 10:05:53 The court reporter 10:06:25 today Debbie Whitehead, representing Planet 10:06:25 Depos. 10:06:25 Would the reporter please swear the witness. 10:06:25 10:06:25 STEPHEN MULL, having been duly sworn, testified follows: MR. MYERS: And Ambassador Mull reserves PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:06:25 10:06:36 10:06:36 Videotaped Deposition Stephen Mull Conducted June 2016 the right read and sign the end the 10:06:38 deposition. 10:06:40 EXAMINATION COUNSEL FOR PLAINTIFF MR. BEKESHA: 10:06:43 10:06:43 Good morning, Mr. Mull. name Michael Bekesha. Watch. one Judicial Watchs Freedom Information Act 10:06:51 lawsuits against the Department State, 10:06:54 specifically questions surrounding the creation, 10:06:56 purpose, and use the Clintonemail.com system 10:06:59 then Secretary State Hillary Clinton and Huma 10:06:59 Abedin, conduct official government business. 10:07:02 here ask you few questions about Before begin, could you please state attorney with Judicial 10:06:43 and spell your name, for the record. Sure. 10:06:48 10:07:05 10:07:07 Stephen, S-T-E-P-H-E-N, Mull, M-U-L-L. 10:06:45 10:07:09 10:07:13 Thank you. Also, before begin, would 10:07:15 like over few ground rules. Your counsel 10:07:17 may have already talked you about them, but 10:07:19 will hopefully help the deposition more smoothly. 10:07:21 you dont hear one questions PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:07:24 Videotaped Deposition Stephen Mull Conducted June 2016 dont understand one questions, please let 10:07:26 know. 10:07:29 question. Happy repeat the question rephrase the 10:07:31 Also, its important that you respond out loud. you shake your hand head make any hand gestures, the court reporter cant record that. 10:07:32 10:07:34 10:07:37 Also, things will lot more smoothly 10:07:40 you wait until done answering the questions 10:07:43 your counsel done objecting. 10:07:45 Its lot easier for the court reporter record were not 10:07:47 speaking over each other. 10:07:50 With that, could you just give brief 10:07:52 background about your tenure the State 10:07:55 Department? 10:07:57 Yes. Foreign Service Officer since 1982. domestic assignments. currently serve the U.S. 10:08:07 governments lead coordinator for the implementation 10:08:07 the Iran nuclear deal. 10:08:11 have served variety overseas posts and 10:07:57 Thank you. Were primarily going focus your time Executive Secretary. But before get there, just had couple questions about some PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:08:00 10:08:13 10:08:17 10:08:19 Videotaped Deposition Stephen Mull Conducted June 2016 your previous posts. Between 1998 and 2000, you were Deputy Executive Secretary the State Department? 10:08:22 10:08:23 10:08:28 Yes. 10:08:29 And what were your responsibilities 10:08:30 that role? 10:08:32 was responsible for coordinating 10:08:34 Secretary Albrights travel Europe and 10:08:37 international organization events, well events 10:08:43 the former Soviet Union; coordinating the policy 10:08:46 support for her engagement issues involving those 10:08:52 areas; and supervising subcomponents the 10:08:56 Executive Secretariat. 10:09:01 Did any those subcomponents include responding FOIA requests document requests? There were people the Executive 10:09:02 10:09:05 10:09:10 Secretariat responsible for handling the processing 10:09:13 those. 10:09:16 for that. did not have immediate responsibility 10:09:19 was another Deputy Secretary that had that responsibility, you recall? Well, the responsibility for FOIA requests PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:09:20 10:09:22 10:09:25 Videotaped Deposition Stephen Mull Conducted June 2016 typically rests with what later came known 10:09:31 the Office for Correspondence and Records. One 10:09:35 the Deputys executive secretaries would have been 10:09:41 responsible for supervising that office. 10:09:42 Okay. But that wasnt you. 10:09:43 think part the time cant 10:09:45 remember. supervised it. 10:09:53 10:09:55 from about August 2008 June 2009, you were the 10:10:00 senior advisor the Undersecretary State for 10:10:03 Political Affairs? 10:10:06 Okay. 10:09:51 And then from 2009 sorry, Part the time had had that Yes, was that for those dates. But continued that role until June 2010. Okay. All right. And you were working 10:10:09 10:10:12 10:10:14 the Undersecretary for Political Affairs, Bill 10:10:22 Burns, the time? 10:10:25 Thats right, yes. 10:10:26 Okay. 10:10:26 you were that position when Mrs. Clinton became Secretary State. Yes. Okay. 10:10:29 10:10:32 Did you, while you were that PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:10:33 Videotaped Deposition Stephen Mull Conducted June 2016 position, did you ever e-mail, correspond with 10:10:38 Mrs. Clinton via e-mail? 10:10:42 Not that recall. 10:10:43 Okay. 10:10:43 Did you know her e-mail address during that time period? No. Okay. 10:10:46 10:10:47 And then, you said, after you 10:10:47 were after that position you became the Executive 10:10:50 Secretary? 10:10:55 Yes. 10:10:56 And when did that start? 10:10:56 June 2010. 10:10:59 And how did that come about? that Senate-confirmed position? 10:11:00 10:11:04 No. Okay. The Secretary State. 10:11:13 that position you applied for 10:11:14 10:11:06 who appoints that position? 10:11:06 mean, how how you come about being that 10:11:17 position? 10:11:19 Well, recall the spring 2010 the Secretarys chief staff, Cheryl Mills, had asked PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:11:22 10:11:30 Videotaped Deposition Stephen Mull Conducted June 2016 would interested being considered for the 10:11:33 job. 10:11:37 time after that was offered the appointment. said yes. interviewed with her, and some time period? have opportunity meet Ms. Mills? When did you first know Cheryl Mills MR. MYERS: And did you know Cheryl Mills before that Objection. 10:11:42 10:11:44 10:11:48 10:11:51 Beyond the scope discovery. 10:11:53 10:11:55 You can answer the question. 10:11:56 suppose our offices were were not 10:12:03 that far from each other. her towards the end 2009, early 2010. cant recall exactly. Did you know Mrs. Clinton prior MR. MYERS: 10:12:05 10:12:08 10:12:12 her becoming Secretary State? Okay. suppose may have met Objection. 10:12:13 10:12:16 Beyond the scope authorized discovery. 10:12:17 10:12:19 You may answer the question. 10:12:21 Can you clarify what you mean know? 10:12:22 Sure. 10:12:25 Not know her, but had you had opportunity meet her prior did you ever work 10:12:29 with her prior she becoming Secretary State? 10:12:33 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 served her control officer when she 10:12:37 visited the American Embassy Poland when worked 10:12:41 there the mid the mid 90s. 10:12:46 Okay. lets prior you becoming 10:12:47 Executive Secretary, who was the Executive 10:12:52 Secretary? 10:12:55 Daniel Smith. 10:12:55 Okay. 10:12:56 And held that position until June 2010? Yes. Okay. 10:12:59 Lets talk little bit more generally about the Executive Secretariat. Whats the general purpose the 10:13:00 Executive Secretariat? serves link between the Secretary, 10:13:00 10:13:04 10:13:07 10:13:10 10:13:11 the Deputy Secretaries State, the 10:13:14 undersecretaries the State Department, with the 10:13:17 rest the building, providing administrative, 10:13:20 logistics, communications, and policy formulation 10:13:23 support. 10:13:29 Okay. And the Executive Secretary the head that office? PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:13:29 10:13:31 Videotaped Deposition Stephen Mull Conducted June 2016 Yes. Okay. And approximately how many people work within the Office the Executive Secretariat? 10:13:33 cant recall exactly, but think its 200, 250 people, perhaps. Okay. And then under the Executive 10:13:33 10:13:36 10:13:40 10:13:43 10:13:44 Secretary, you had, was four deputies reporting 10:13:47 you that time? 10:13:50 Yes. Okay. 10:13:51 And did each them have different responsibilities? Okay. 10:13:54 Yes. 10:13:51 10:13:55 Did one those deputies have 10:13:56 responsibility overseeing what guess its 10:14:01 the Office Correspondence and Records? 10:14:05 Yes. 10:14:08 Who was that deputy when you started 10:14:08 2010? 10:14:11 cant recall which the which the four had line responsibility first year. Okay. you recall the subsequent years? Yes. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:14:17 10:14:20 10:14:23 10:14:26 Videotaped Deposition Stephen Mull Conducted June 2016 Okay. When you first recall who the deputy was, and what was the time period? second year, from the summer 2011 10:14:27 10:14:30 10:14:31 until left the position 2012, the deputy 10:14:37 responsible for overseeing that office was Pamela 10:14:43 Quanrud. 10:14:46 Could you spell her last name, please? 10:14:46 Yes. 10:14:48 Okay. Q-U-A-N-R-U-D. you dont recall think you already did answer this. had that position before -MR. MYERS: 10:14:58 Objection. 10:15:00 before she came? 10:15:00 10:15:01 Asked and answered. Was she deputy was she Deputy Secretary before the summer 2011? She started Deputy Executive Secretary summer 2011. 10:15:05 10:15:08 10:15:10 10:15:12 Where was she before that; you recall? 10:15:13 MR. MYERS: 10:14:56 MR. MYERS: But you didnt recall who 10:14:51 10:15:18 Objection. Beyond the scope authorized discovery. You may answer the question. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:15:19 10:15:20 Videotaped Deposition Stephen Mull Conducted June 2016 seem recall she was Deputy 10:15:23 Assistant Secretary the Bureau European and 10:15:26 Eurasian Affairs. 10:15:29 Okay. What did whats the basic role and Thank you. purpose the Office Correspondence and Records? provides archiving responsibilities and 10:15:30 10:15:32 10:15:34 10:15:38 retrieval responsibilities for official documents 10:15:42 that are produced either the briefing policy 10:15:47 formulation process the State Department. 10:15:50 has responsibility for responding 10:15:54 FOIA requests that are routed the Executive 10:15:58 Secretariat from for handling from the Bureau 10:16:03 Administration. 10:16:06 Okay. And And for tracking receipt and responses 10:16:07 10:16:08 correspondence the Secretary and other State 10:16:14 Department principals. 10:16:18 guess that leads the next Does that that office the 10:16:20 question: records the archival and retrieval for the entire 10:16:25 State Department just for what falls within the 10:16:28 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:16:22 Videotaped Deposition Stephen Mull Conducted June 2016 Office the Secretary the Executive 10:16:32 Secretariats? 10:16:35 MR. MYERS: Objection. Vague and compound. 10:16:35 10:16:36 You may answer the question. 10:16:37 For the the Office Correspondence 10:16:39 and Records performed that function for the offices 10:16:44 the Executive Secretariat supported. 10:16:46 Okay. And what offices were those, you recall? 10:16:48 10:16:51 Well, said earlier, the Office the 10:16:55 Secretary, the deputy secretaries, the 10:16:57 undersecretaries the State Department, well 10:17:00 number smaller offices that reported directly 10:17:02 the Secretary State. 10:17:05 Okay. And how much interaction would you 10:17:06 have guess who was the director the Office 10:17:10 Correspondence and Records during your time 10:17:14 period? 10:17:15 Mr. Clarence Finney. 10:17:16 Did change was consistent from 10:17:17 2010 through 2012 when you left? PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:17:21 Videotaped Deposition Stephen Mull Conducted June 2016 MR. MYERS: Objection. Vague. Was just one person, did that 10:17:23 10:17:25 change, did that office change hands some point 10:17:28 during your tenure? 10:17:30 tenure. moving merge that office with the Office 10:17:38 Secretariat staff. 10:17:42 Towards the end tenure began place? was the director that office during Okay. And when did that merger take 10:17:33 10:17:42 10:17:44 think was cant remember 10:17:44 think formally took place after 10:17:46 exactly. departure. 10:17:31 Okay. 10:17:48 you know approximately how many employees worked for Mr. Finney? 10:17:49 10:17:52 cant recall exactly. 10:17:54 Okay. How much interaction did you have 10:17:57 with Mr. Finney during your two years Executive 10:17:59 Secretary? 10:18:06 Usually once, once day. 10:18:06 Okay. 10:18:07 And reported directly not going pronounce Pamelas last name PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:18:15 Videotaped Deposition Stephen Mull Conducted June 2016 correctly. Could you remind how you pronounce that? 10:18:22 Quanrud. Quanrud. 10:18:19 10:18:23 reported directly her? 10:18:23 10:18:26 Yes, during the 10:18:26 During the 10:18:26 time that she had, yes. 10:18:27 Okay. 10:18:28 And how frequently would you talk Ms. Quanrud about issues within the Office 10:18:30 Correspondence and Records? 10:18:37 Not very often. couldnt quantify it. 10:18:38 Okay. Would you you had questions 10:18:42 there were issues within that office, would 10:18:45 you talk Mr. Finney, would you talk 10:18:48 Ms. Quanrud first? 10:18:50 was bureaucracy involved hierarchy? MR. MYERS: just trying get sense, Objection. Vague and compound. 10:18:56 10:18:57 you understand the question, you may answer. 10:18:53 10:18:57 10:18:59 Well, would have daily staff PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:19:02 Videotaped Deposition Stephen Mull Conducted June 2016 meeting the Executive Secretariat, all 10:19:06 the deputies and office directors within the 10:19:08 Executive Secretariat. 10:19:15 lasted for minutes. Those meetings typically 10:19:19 there were issues relating 10:19:20 that office and its operations, would typically 10:19:23 come those meetings. 10:19:26 Okay. And those meetings would you and the four Deputy Executive Secretaries? MR. MYERS: Objection. 10:19:28 10:19:30 Assumes facts not Mischaracterizes prior testimony. 10:19:32 evidence. You may answer the question. 10:19:36 Yes. 10:19:38 Okay. 10:19:34 And the office directors. How many office director 10:19:40 just trying get sense lay the land. How many office directors would have been part that 10:19:45 meeting, well? 10:19:47 10:19:42 Usually four. 10:19:59 Okay. 10:20:00 And guess probably would have been easier, what were those four offices that they 10:20:03 were directors for? 10:20:05 Well, there one the Deputy Executive PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:20:07 Videotaped Deposition Stephen Mull Conducted June 2016 Secretaries was dual-hatted the Executive 10:20:10 Director the Executive Office the Executive 10:20:13 Secretariat. 10:20:15 director. was both deputy and office would have been there. The director the operations center, 10:20:18 10:20:20 State Department operations center, the director 10:20:23 the Secretariat staff, the director 10:20:28 correspondence and records, and the director 10:20:31 the our information management section, S/ES-IRM, 10:20:36 information resources management. 10:20:40 Okay. And during your tenure was the director S/ES-IRM, was that John Bentel? Yes. Okay. Was the director your whole time Yes. Okay. Thank you. Secretariat staff. 10:20:51 10:20:54 10:20:56 10:20:56 You mentioned the office the 10:20:46 10:20:51 when you were Executive Secretary? 10:20:43 What it? What that? Secretariat staff also known the line. Its office personnel responsible for both advancing and managing the PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:20:59 10:21:02 10:21:05 10:21:07 10:21:12 Videotaped Deposition Stephen Mull Conducted June 2016 Secretary States overseas travel, well 10:21:15 managing the paper flow official memoranda and 10:21:19 briefing material from the State Department the 10:21:24 Secretary and other principals the State 10:21:27 Department. 10:21:32 10:21:32 Would that paper flow include issues related e-mail, was that just official memos? Could you when you say paper flow, relating e-mail? Yeah. 10:21:35 10:21:43 10:21:46 mean, you were just talking about 10:21:47 paper flow, and just wasnt sure some that 10:21:50 paper, some that some those issues included 10:21:52 e-mail correspondence. 10:21:54 Typically not. These were memoranda, 10:21:57 decision memoranda, policy memoranda, background 10:22:02 papers, talking points for meetings, and and 10:22:05 forth. 10:22:10 During the course assignment 10:22:10 transitioned electronic system for entering 10:22:13 those memoranda. 10:22:17 the definition e-mail. Okay. But wouldnt normally fit into What what system was that that PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:22:20 10:22:21 Videotaped Deposition Stephen Mull Conducted June 2016 was you transitioned transitioned into using? MR. MYERS: Objection. Beyond the scope authorized discovery. 10:22:24 10:22:26 10:22:27 You may answer the question. 10:22:29 The Everest system. 10:22:30 Could you just briefly describe what the 10:22:32 Everest system is? MR. MYERS: 10:22:37 Objection. Beyond the scope authorized discovery. 10:22:37 10:22:38 You may answer the question. 10:22:39 was electronic channel for creating 10:22:41 decision briefing memoranda, talking points for 10:22:48 meetings, terms getting clearance within the 10:22:51 State Department and submitting the 10:22:56 Secretarys office. 10:22:59 system for those records, well? MR. MYERS: Was the Everest system also archival Objection. Beyond the scope authorized discovery. 10:23:00 10:23:04 10:23:06 10:23:07 You may answer the question. 10:23:08 The Everest system was and 10:23:10 searchable. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:23:14 Videotaped Deposition Stephen Mull Conducted June 2016 Okay. But was not the official record Thank you. 10:23:15 function the department. Okay. 10:23:16 10:23:20 Was there another system that would 10:23:22 have had that official record-keeping archival 10:23:26 system? 10:23:30 MR. MYERS: Objection. Beyond the scope authorized discovery. 10:23:30 10:23:32 You may answer the question. 10:23:33 Yeah. mean, the correspondence and 10:23:36 records unit would capture those documents 10:23:37 system called, the time, STARS. 10:23:42 Could you talk little bit about STARS, please? 10:23:50 MR. MYERS: Objection. Beyond the scope authorized discovery. answer the question. the discovery thats been authorized the court. 10:23:50 10:23:51 And going instruct the witness not 10:23:47 This has nothing with Did the STARS system FOIA request 10:23:53 10:23:54 10:23:57 10:24:01 came the office, would the STARS system 10:24:04 searched? 10:24:07 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 dont know. 10:24:09 Okay. 10:24:10 cant recall, guess. 10:24:13 Sure. 10:24:15 can come back that. talked little bit about keep 10:24:19 forgetting the name that office, Office 10:24:22 Correspondence and Records. 10:24:26 Thats S/ES-CR. that correct? 10:24:28 S/ES-CR. 10:24:30 Okay. 10:24:33 And that office was charge responding FOIA requests? FOIA requests for records within the Office the Secretary. 10:24:37 10:24:43 Yes. 10:24:46 Okay. 10:24:46 responsible for channeling the 10:24:48 responsible individuals. guess well take step back, also. 10:24:54 10:25:09 Youre aware the Freedom Information Okay. 10:24:53 Act? 10:25:09 10:25:12 Yes. Okay. 10:25:12 While when you were Executive PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:25:12 Videotaped Deposition Stephen Mull Conducted June 2016 Secretary, were you trained provided guidance 10:25:16 about the Freedom Information Act? 10:25:19 dont recall formal training. 10:25:23 recall getting briefed the function assumed 10:25:26 the responsibilities. 10:25:30 And what specific responsibilities 10:25:31 did you have when came Freedom Information 10:25:34 Act? 10:25:38 terms immediate work 10:25:39 requirements, dont believe had any specific 10:25:42 within work requirements. 10:25:45 Okay. However, was ultimately responsible for 10:25:46 everyone the Executive Secretariat, including 10:25:49 those who had line responsibility, for performing 10:25:51 Freedom Information Act activities. 10:25:56 Okay. Thank you. there was did any staff ever come 10:25:58 10:26:00 you with questions about the Freedom 10:26:04 Information Act? 10:26:08 Not that recall. 10:26:08 Okay. 10:26:09 Were you involved troubleshooting issues when came the Freedom PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:26:10 Videotaped Deposition Stephen Mull Conducted June 2016 Information Act? 10:26:13 cant recall exactly any particular case which someone would have come me. possible that the person conducting search, 10:26:26 that the management that office may have asked 10:26:33 for help, but cant terms directing 10:26:37 people responsible. 10:26:40 specific such case. Okay. Its 10:26:17 But cant remember any Thank you. During your, think you call the 10:26:23 10:26:43 10:26:44 10:26:45 deputy meeting, deputy and director meetings that 10:26:49 you said were daily, did the Freedom Information 10:26:53 Act was discussed during those meetings? 10:26:57 cant recall specific circumstance, no. 10:26:59 10:27:01 Okay. FOIA requests came concerning 10:27:01 e-mails records Mrs. Clinton while you were 10:27:06 Executive Secretary, you know who would have been 10:27:09 responsible for processing those FOIA requests? 10:27:11 All FOIA requests that were directed 10:27:16 the Executive Secretariat the Bureau 10:27:19 Administration would the working-level 10:27:21 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 contacts within the Office Correspondence and 10:27:25 Records. 10:27:28 They would then responsible for 10:27:28 contacting individual offices for whom the Executive 10:27:31 Secretariat responsible, convey the those 10:27:37 requests. 10:27:41 Okay. you know who those contacts 10:27:42 would have been for the office for Mrs. Clinton, 10:27:44 for the Secretary? 10:27:46 cant recall. 10:27:48 Okay. 10:27:49 And those would have been individuals that would have reported Mr. 10:27:51 ultimately reported Mr. Finney? 10:27:53 MR. MYERS: Objection. Mischaracterizes prior testimony. 10:27:59 When you say report to, you mean super 10:27:57 10:28:00 10:28:02 Within his office. They would have would 10:28:03 been was the director CM, CR. they have been within the the contacts, would 10:28:07 they have been the point contacts that would 10:28:10 have initially received the work think you 10:28:13 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:28:04 Videotaped Deposition Stephen Mull Conducted June 2016 called them the working level contacts? 10:28:15 Uh-huh. 10:28:17 Would they they were the office that 10:28:17 Mr. Finney was director of? MR. MYERS: Objection. 10:28:18 Vague and compound. 10:28:22 youre saying the people did the people who you mean they? 10:28:21 Sure. Sure. 10:28:23 10:28:25 No, not you know, 10:28:27 guess just trying get know its the 10:28:30 FOIA requests start with IPS, and then comes 10:28:32 the Executive Secretariat. 10:28:36 wondering you knew who the first point contact 10:28:39 was within the Executive Secretariat when FOIA 10:28:42 request came for records related Mrs. Clinton. 10:28:47 would have been somebody the Office Correspondence and Records. Okay. And then once somebody the 10:28:52 10:28:55 10:28:55 Office Correspondence and Records received that 10:28:57 FOIA request, there would another point 10:28:59 contact, depending which specific office within 10:29:03 the Executive Secretariat? 10:29:05 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 the Executive Secretariat was 10:29:09 responsible for performing such functions for 10:29:12 range the range all its clientele, the 10:29:16 Office the Secretary, the deputy secretaries, the 10:29:19 undersecretaries, and number other smaller 10:29:21 offices. 10:29:24 The Office Correspondence and Records, 10:29:24 the procedure was explained me, when they 10:29:28 received such requests, they would then contact each 10:29:31 those offices that the Executive Secretariat 10:29:35 supported, perform followup searches. 10:29:38 Okay. you know who the point 10:29:45 contact would have been within the Office the 10:29:46 Secretary? 10:29:48 MR. MYERS: Objection. Asked and answered. 10:29:48 10:29:49 You can answer the question. 10:29:51 dont remember. 10:29:52 Okay. 10:29:52 Thank you. talked little bit about archival, 10:29:58 What about inventorying records when 10:30:01 archiving. individual left? PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:30:06 Videotaped Deposition Stephen Mull Conducted June 2016 MR. MYERS: Objection. Beyond the 10:30:07 well, objection, beyond the scope discovery, and 10:30:09 its vague and ambiguous. 10:30:11 question is. 10:30:14 10:30:14 dont know what the Did the office the Executive Secretariat have any responsibility for inventorying 10:30:17 records when senior official was leaving? 10:30:23 MR. MYERS: Its beyond the 10:30:25 scope authorized discovery. And for that reason 10:30:27 going instruct the witness not answer the 10:30:29 question. 10:30:30 Objection. The Office the Executive Secretariat 10:30:36 was responsible for responding FOIA 10:30:38 requests for certain offices within within the 10:30:41 Office Executive Secretariat. 10:30:46 Correct? Yes. 10:30:53 Strike 10:30:53 But also for those other offices supported 10:30:54 the Executive Secretariat. Okay. 10:30:56 The and can through the 10:30:58 just want through the offices. The Office 10:31:02 the Secretary State, that correct, one 10:31:05 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 them? 10:31:07 Yes. 10:31:08 The Office the Deputy Secretary 10:31:08 State? 10:31:12 Well, there were two departments. But, yes, both both the deputies. Okay. The Office the Deputy Secretary for Management Resources? 10:31:13 10:31:15 10:31:17 10:31:21 Yes. 10:31:22 The what about the Office the 10:31:22 Undersecretary for Political Affairs? 10:31:24 Yes. 10:31:26 And then think the last one the 10:31:26 office the counselor the department? Well, there are number other 10:31:34 undersecretaries well that the Executive 10:31:36 Secretariat supported. 10:31:38 10:31:29 Okay. 10:31:39 Both those, but also others. 10:31:40 What are what are the other ones? 10:31:42 Well, theyve gone through name changes. 10:31:46 When was there was the Undersecretary for PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:31:49 Videotaped Deposition Stephen Mull Conducted June 2016 Economic and Business Affairs, the Undersecretary 10:31:52 for International Security Affairs and Arms Control, 10:31:57 the Undersecretary for, believe was called 10:32:02 Global Affairs, the Undersecretary for Management, 10:32:07 the Undersecretary for Public Public Diplomacy. 10:32:16 Okay. Thank you. And there were other additional offices 10:32:19 10:32:24 attached immediately the Office the Secretary 10:32:26 State, satellite offices, for which also 10:32:31 provided support. 10:32:33 Okay. And FOIA request came 10:32:33 during that time period for records let 10:32:50 rephrase that. 10:32:57 FOIA request came for records 10:33:07 prior either prior Secretary State prior, 10:33:10 you know, Deputy Secretary State Deputy 10:33:16 Secretary for Management Resources, would those 10:33:19 records, was the recent future, would those 10:33:21 records within the records correspondence? 10:33:24 MR. MYERS: Objection. Vague, ambiguous, and beyond the scope authorized discovery. You can answer the question. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:33:27 10:33:29 10:33:32 Videotaped Deposition Stephen Mull Conducted June 2016 not sure under the recent future? 10:33:34 Sure. 10:33:36 Record while you were there, FOIA request came for records Secretary 10:33:39 Rice, would those records fall within the scope 10:33:44 the Executive Secretariats responsibilities? 10:33:47 MR. MYERS: Objection. Vague, and beyond the scope authorized discovery. 10:33:52 And dont either cant recall dont know the answer that. Okay. 10:33:51 While you were while you were 10:33:54 10:33:58 10:33:59 that position, the Undersecretary for Political 10:34:03 Affairs, Bill Burns, left approximately 2011. 10:34:10 Correct? MR. MYERS: 10:34:13 Objection. Beyond the scope authorized discovery. 10:34:16 10:34:18 You may answer the question. 10:34:19 cant remember exactly when, but 10:34:20 2011 sounds about right. Okay. 10:34:23 And, you know, just generally the 10:34:24 Deputy Secretary for Management Resources, Jack Lew, 10:34:28 left sometime during your tenure? 10:34:32 MR. MYERS: Objection. Foundation, beyond PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:34:34 Videotaped Deposition Stephen Mull Conducted June 2016 the scope authorized discovery. 10:34:35 You may answer the question. 10:34:37 Yes. 10:34:39 Okay. you know either their 10:34:39 their records were inventoried when they left 10:34:42 office? 10:34:45 MR. MYERS: scope authorized discovery. with FOIA processing Huma Abedin Hillary 10:34:48 Clintons e-mails. 10:34:52 Its beyond the 10:34:45 doesnt have 10:34:47 And for that reason going instruct Objection. the witness not answer the question. MR. BEKESHA: You know, does fall 10:34:55 10:34:57 within the scope. not how records were processed, were they 10:35:01 processed differently from Mrs. Clinton and 10:35:04 Ms. Abedin, where their records were, how they were 10:35:06 stored, how they were inventoried, how they were 10:35:09 archived. All these issues fall directly within 10:35:12 the scope and are relevant the processing the 10:35:14 FOIA requests issue this case. 10:35:16 Were looking, you know, whether 10:34:53 MR. MYERS: Your question not only doesnt PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:34:58 10:35:18 Videotaped Deposition Stephen Mull Conducted June 2016 mention FOIA, doesnt mention Mrs. Clinton 10:35:19 Ms. Abedin. 10:35:22 thats been authorized this case. ask question about the FOIA processing those 10:35:26 individuals, you should ask that question. 10:35:28 MR. BEKESHA: has nothing with the discovery you want Sure. 10:35:25 10:35:30 After Mr. Lew left office, how would his 10:35:31 records FOIA request came for those 10:35:37 records, how would they have been processed? 10:35:40 MR. MYERS: scope authorized discovery. You may answer the question. 10:35:45 10:35:46 And and going Again, were here talk about Ms. Abedin and Ms. Clintons e-mails. MR. BEKESHA: 10:35:55 10:35:59 10:36:20 MR. MYERS: VIDEO SPECIALIST: Could take two-minute break? record. 10:35:47 10:35:57 Sure. 10:35:42 10:35:43 instruct you not answer the question. Its beyond the MR. MYERS: Objection. Sure. 10:36:22 are going off the The time 10:36. recess was taken.) PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:36:22 10:36:23 10:36:25 Videotaped Deposition Stephen Mull Conducted June 2016 VIDEO SPECIALIST: record. are back the MR. BEKESHA: The time 10:43. Okay. 10:43:12 10:43:13 10:43:16 Thank you. going move 10:43:16 from where were before and just talk about FOIA 10:43:18 little bit more before move on. 10:43:21 you know the Executive Secretariat 10:43:24 had its own FOIA guidance operating procedures 10:43:26 while you were there? 10:43:30 terms established document ... 10:43:40 Probably document. 10:43:45 Some type guidance. 10:43:46 cant recall. know that 10:43:48 Mr. Finney was aware his responsibilities, based 10:43:51 his assurances. 10:43:54 there was specific document. Okay. But dont cant recall Okay. Thank you. 10:43:58 10:43:59 you know the Executive Secretariat 10:44:03 searched electronic e-mails sorry about that 10:44:05 searched electronic e-mail accounts when you were 10:44:11 Executive Secretary? 10:44:14 sorry. response FOIA requests, PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:44:18 Videotaped Deposition Stephen Mull Conducted June 2016 MR. MYERS: Objection. this specific 10:44:19 Huma Abedin and the former Secretary, that 10:44:20 general question? 10:44:23 MR. BEKESHA: MR. MYERS: Its general question. Objection. that extent 10:44:24 10:44:25 exceeds those two individuals, its beyond the scope 10:44:27 authorized discovery. 10:44:29 You may answer the question. 10:44:30 sorry. 10:44:34 Sure. Could you repeat the question? Did the office the Executive 10:44:35 Secretary search electronic e-mail accounts 10:44:38 response FOIA requests 10:44:41 MR. MYERS: Same 10:44:42 while you were Executive Secretary? MR. MYERS: 10:44:43 10:44:44 Same objection. You may answer the question. 10:44:45 The immediate office, immediate office? 10:44:46 The offices, the Executive Secretariat 10:44:48 guess would have been Mr. Finneys 10:44:54 whole. office. 10:44:56 MR. MYERS: Objection. Vague and compound. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:44:56 10:44:58 Videotaped Deposition Stephen Mull Conducted June 2016 cant recall specific specific case. 10:45:01 10:45:06 Okay. you know how many employees 10:45:06 within the office the Executive Secretariat were 10:45:11 trained FOIA-related issues? 10:45:14 What you mean trained? 10:45:20 Either provided guidance went 10:45:21 one-day seminar. terms. Training could have many different you know they think you 10:45:25 10:45:29 mentioned you dont know they were provided 10:45:32 memorandum about processing FOIA requests. 10:45:35 dont -MR. MYERS: 10:45:38 Objection. Compound. 10:45:38 dont recall such memorandum. 10:45:40 you recall any seminars being held 10:45:42 about FOIA obligations within for the for 10:45:44 employees within the office the Executive 10:45:48 Secretariat? 10:45:51 No, dont recall. 10:45:54 Are you aware March 2010 Associated 10:45:56 Press FOIA request for records Mrs. Clinton? dont believe so, no. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:46:03 10:46:10 Videotaped Deposition Stephen Mull Conducted June 2016 Okay. Were going move for now from 10:46:11 FOIA-related issues and talk little bit about the 10:46:15 S/ES-IRM department. 10:46:19 Uh-huh. 10:46:22 And you said that could you talk 10:46:22 little bit about what the purpose that office is? MR. MYERS: Objection. Calls for narrative response. 10:46:27 10:46:29 10:46:30 You may answer the question. 10:46:32 Responsible for providing information 10:46:34 management support for State Department principals, 10:46:36 principally through the POEMS electronic mail 10:46:39 system. 10:46:42 And what does POEMS stand for, you recall? 10:46:42 10:46:45 Principal officers electronic mail system. 10:46:47 Okay. 10:46:51 And thats separate office from general office within the Department State? Yes. Okay. 10:46:57 10:47:00 And that office, theres IRM office for the State Department generally? that correct? PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:47:00 10:47:04 10:47:06 Videotaped Deposition Stephen Mull Conducted June 2016 which office? 10:47:07 guess there IRM office within the 10:47:08 office the Executive Secretariat, and then 10:47:13 theres IRM office guess that falls under the 10:47:15 office Undersecretary for Management? 10:47:19 Yes. 10:47:21 MR. MYERS: THE WITNESS: MR. MYERS: Yes. Objection. 10:47:21 Sorry. 10:47:22 You can answer the question. Theres Bureau for Information 10:47:23 10:47:24 Resource Management that reports Undersecretary 10:47:27 Kennedy. 10:47:31 Thank you. 10:47:31 And what type interaction occurs Okay. between the two IRM offices? MR. MYERS: Objection. 10:47:32 10:47:35 Foundation and 10:47:36 vague. You may answer the question. 10:47:37 The POEMS system, far understand 10:47:41 not systems expert was built the 10:47:43 general the State Departments general 10:47:48 information resource management architecture. 10:47:51 10:47:37 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 Okay. And diplomatic security, theres 10:47:53 another division theres division office 10:48:01 called Diplomatic Security. 10:48:03 MR. MYERS: that correct? Objection. Beyond the scope authorized discovery. 10:48:05 10:48:06 You may answer the question. 10:48:09 Theres Bureau Diplomatic Security. 10:48:11 And that falls within underneath the 10:48:13 Undersecretary for Management, well? MR. MYERS: Objection. Beyond the scope authorized discovery. 10:48:18 10:48:19 10:48:21 You may answer the question. 10:48:21 Yes. 10:48:23 Okay. 10:48:23 MR. BEKESHA: Exhibit (Deposition Exhibit marked for identification and attached the transcript.) discussion was held off the record.) Would you mark this MR. BEKESHA: you want take moment, Mr. Mull, and review the document. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:48:49 10:48:50 10:48:51 10:49:02 10:49:07 10:49:07 10:49:13 10:49:16 Videotaped Deposition Stephen Mull Conducted June 2016 Have you had chance review the document? 10:50:06 10:50:07 Yes. 10:50:07 Could you just briefly describe what this 10:50:07 document is, what appears be? appears e-mail from someone named Donald Reid. Okay. 10:50:10 10:50:15 10:50:19 Have you ever seen this e-mail before? 10:50:22 10:50:24 dont recall it, no. 10:50:25 Okay. you could look down towards the 10:50:26 bottom the first page, says, S/ES management 10:50:29 does not need respond point for point any 10:50:33 this. 10:50:37 Would S/ES management, would that your office? 10:50:41 meant. Okay. seem recall was official the dont know. dont know who they 10:50:43 10:50:45 you know who Donald Reid is? Diplomatic Security Bureau. 10:50:39 Okay. Did you ever speak Mr. Reid PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:50:46 10:50:53 10:50:56 10:50:58 Videotaped Deposition Stephen Mull Conducted June 2016 about BlackBerry devices for the Office the 10:51:01 Secretary? 10:51:05 dont recall any such conversation. 10:51:06 Okay. 10:51:08 MR. BEKESHA: 10:51:14 10:51:16 (Deposition Exhibit marked for Lets mark this Exhibit identification and attached the transcript.) 10:51:16 10:51:33 Have you had chance read the 10:51:33 Yes. 10:52:14 read the record? 10:52:14 fair say this appears 10:52:16 e-mail chain with between Donald Reid and Gentry 10:52:18 Smith about electronic devices the 7th floor? 10:52:24 Yes. Okay. 10:52:29 you could take look the top e-mail the chain. says, Ambassador Boswell would like use 10:52:41 approach and Ambassador Mull about setting this 10:52:44 briefing for seniors and key staff. 10:52:49 you see that? 10:52:51 Yes. 10:52:52 it, the second sentence, 10:52:29 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:52:31 Videotaped Deposition Stephen Mull Conducted June 2016 Okay. Yes. 10:52:56 you know who is? 10:52:56 have not seen this e-mail before, 10:53:03 Are you Ambassador Mull? 10:52:52 dont know who. 10:53:07 Okay. 10:53:09 ... 10:53:10 Who Ambassador Boswell? 10:53:11 Eric Boswell was the Assistant Secretary 10:53:14 for Diplomatic Security. Okay. No. Okay. 10:53:19 you know who Gentry Smith is? 10:53:23 March 2011, you recall briefing about electronic devices the 7th floor? Yes. Okay. 10:53:20 about? 10:53:23 10:53:32 10:53:37 And what were those briefings 10:53:37 10:53:40 MR. MYERS: Objection. Its vague. calls for narrative response. 10:53:40 10:53:42 You may answer the question. 10:53:44 recall set session for that 10:53:48 allowed security people brief our the PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:53:51 Videotaped Deposition Stephen Mull Conducted June 2016 executive secretaries Secretariats 10:53:56 information-management clientele security 10:54:02 communications. 10:54:05 Okay. And you said set up. Who was we? specific individuals within your office that set 10:54:12 the briefings? 10:54:14 The was the action 10:54:10 10:54:16 officer this would have been the security officer 10:54:22 within the Executive Secretariat. 10:54:26 Just generally the office, were there 10:54:06 And who that individual? you recall who that individual was? 10:54:27 10:54:30 Lou Nardi, his name was. 10:54:37 Was Mrs. Clinton was Mrs. Clinton one 10:54:39 the seniors and key staff that was briefed 10:54:46 these issues? 10:54:49 Briefed this session, recalling, 10:54:55 10:54:58 any session related guess was there more than one briefing session? 10:54:58 10:55:00 can only recall one session. 10:55:03 you know Mrs. Clinton was part 10:55:05 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 that briefing session? 10:55:06 dont recall that she was there. 10:55:09 you recall Ms. Abedin was part 10:55:10 that briefing session? 10:55:13 dont recall. 10:55:15 you recall Ms. Mills was part 10:55:16 that briefing session? 10:55:19 MR. MYERS: Objection. scope authorized discovery. Thats beyond the And the extent 10:55:21 10:55:23 that were wading into cyber security issues, that 10:55:25 specifically exempted from the scope 10:55:28 discovery. 10:55:28 Courts order that regard. And would ask you observe the MR. BEKESHA: 10:55:28 Sure. 10:55:31 You may answer the question. 10:55:31 dont recall. 10:55:32 Okay. 10:55:33 Turning now Clintonemail.com. When did you first become aware 10:55:43 Mrs. Clinton the e-mail address Mrs. Clinton was 10:55:45 using conduct official government business? 10:55:48 MR. MYERS: Objection. Vague. Its vague, and its ambiguous. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:55:51 10:55:55 Videotaped Deposition Stephen Mull Conducted June 2016 You may answer the question. 10:55:57 its difficult question answer 10:56:03 because youre asking when did become aware 10:56:04 she was using private e-mail address for official 10:56:07 government business? 10:56:12 Yes. 10:56:12 dont know that Ive ever really 10:56:17 become aware that. news articles and the allegations that have been 10:56:22 made that effect. But you know, 10:56:24 not position judge what whether was 10:56:28 official government business not. 10:56:31 Sure. 10:56:19 Did you ever have did you ever 10:56:33 communicate via e-mail with Mrs. Clinton while you 10:56:36 were Executive Secretary? 10:56:38 certainly aware the No, not that can recall. 10:56:39 Did you ever communicate with Ms. Abedin 10:56:40 while you were Executive Secretary? 10:56:44 Yes. 10:56:47 you recall what e-mail addresses you 10:56:48 used communicate with Ms. Abedin? MR. MYERS: Objection. Mischaracterizes PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:56:51 10:56:53 Videotaped Deposition Stephen Mull Conducted June 2016 prior testimony. Ms. Abedin. MR. BEKESHA: You asked communicated with 10:56:54 10:56:56 Ill rephrase the question. Did you communicate via e-mail with Ms. Abedin while you were Executive Secretary? 10:56:58 10:56:59 10:57:01 Yes. 10:57:04 you know what e-mail addresses you used 10:57:04 conduct those communications? cant recall. 10:57:06 Typically would 10:57:13 type her name into the e-mail form, and dont 10:57:15 know what the exact e-mail address was. 10:57:20 Did you know what Mrs. Clintons e-mail address was while you were Executive Secretary? No. MR. BEKESHA: Exhibit can mark this identification and attached the transcript.) MR. BEKESHA: 10:57:38 10:57:40 (Deposition Exhibit marked for 10:57:26 10:57:28 Exhibit 10:57:22 Can you also mark this Exhibit 10:57:41 10:57:57 10:57:57 10:57:58 (Deposition Exhibit marked for identification and attached the transcript.) PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:57:59 10:57:59 Videotaped Deposition Stephen Mull Conducted June 2016 MR. BEKESHA: Thank you. 10:58:33 can look Exhibit first. 10:58:33 you recall this e-mail? 10:58:36 10:58:46 Yes. Okay. you recall seeing sorry. 10:58:46 should have asked, you recall seeing this e-mail 10:58:53 this time, the time was sent? 10:58:55 from the time was sent, no. dont specifically remember from 10:58:58 10:59:01 the line the e-mail, says 10:59:02 10:59:07 you know who is? 10:59:07 Definitively, no. 10:59:10 Okay. 10:59:11 Based the body the e-mail, does appears though would refer 10:59:14 Mrs. Clinton? 10:59:17 MR. MYERS: Objection. there question? 10:59:19 10:59:20 Based after reviewing the entire 10:59:22 e-mail, you think that the refers 10:59:26 Mrs. Clinton? 10:59:28 MR. MYERS: Objection. Calls for PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 10:59:29 Videotaped Deposition Stephen Mull Conducted June 2016 speculation. 10:59:31 You may answer the question. 10:59:31 dont know. 10:59:34 Thats reasonable assumption, but dont know for fact who 10:59:37 would have received something the e-mail 10:59:40 address. 10:59:45 Lets look Exhibit 10:59:45 You you recall receiving the first Okay. e-mail the chain, the bottom e-mail the 10:59:57 chain? 11:00:00 MR. MYERS: Okay. Thank you. 11:00:00 No. 11:00:01 Based the line, looks though you received this e-mail. least the e-mail was sent you? Okay. Correct? Yes. 10:59:54 11:00:02 11:00:10 11:00:12 11:00:14 Also, this e-mail was sent HDR22@Clintonemail.com. 11:00:14 11:00:20 you see that? 11:00:24 Yes. 11:00:25 you recall seeing this e-mail address 11:00:25 while you were Executive Secretary? PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:00:30 Videotaped Deposition Stephen Mull Conducted June 2016 Not that can recall. 11:00:33 When you receive e-mails, you usually 11:00:33 look who else receives the e-mails along with 11:00:39 you? you look the the from line, the 11:00:41 line, the line when reviewing e-mails? 11:00:44 depends when when receive it. 11:00:49 The Executive Secretariat was very fast-paced 11:00:52 operation. 11:00:56 line. course, concentrated the from Sometimes would look who was copied; sometimes not. 11:00:59 11:01:04 Okay. you know who Harold Koh is? Yes. 11:01:08 Who Harold Koh? 11:01:08 Well, Harold Koh was the State 11:01:12 Departments legal advisor. what does now. legal advisor while was Executive Secretary. cant recall But was the State Department Thank you. this e-mail was e-mail from the State Departments legal advisor. that correct? MR. MYERS: speaks for itself. Objection. 11:01:05 11:01:14 11:01:16 11:01:18 11:01:20 11:01:24 11:01:26 The document And also object for lack PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:01:27 11:01:28 Videotaped Deposition Stephen Mull Conducted June 2016 personal knowledge and foundation. 11:01:31 You may answer the question. 11:01:34 appears so, yes. 11:01:35 Okay. 11:01:37 Would e-mail sent the legal the legal advisor the State Department usually 11:01:41 get lost? 11:01:43 MR. MYERS: Are those e-mails you would usually read? Objection. Vague. calls for speculation. 11:01:47 11:01:48 You may answer the question. 11:01:51 The question was would lose them 11:01:55 dont understand the question. 11:01:59 Would you read the e-mails? You said the 11:01:59 Executive Secretariat was fast-paced, you may have 11:02:02 received lot e-mails. And just want know, 11:02:04 you received e-mail from the legal advisor, 11:02:06 that e-mail that you would tend read? 11:02:09 MR. MYERS: Objection. Vague. knew mean, cant exclude what didnt see dont know what didnt see. But certainly knew that had 11:02:11 11:02:16 11:02:22 11:02:24 received e-mail from the legal advisor, would 11:02:26 make effort read it. 11:02:29 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 Okay. specific e-mail when came in. MR. MYERS: But you dont recall seeing this Objection. 11:02:31 11:02:33 Asked and answered. 11:02:36 11:02:37 You may answer the question. 11:02:38 No. 11:02:39 Okay. And you dont recall seeing 11:02:40 HDR22@Clintonemail.com the e-mail when you 11:02:47 received it? 11:02:49 MR. MYERS: Objection. Also asked and answered. 11:02:49 11:02:50 dont recall. 11:02:50 Were there did you ever have any 11:02:50 discussions within the Executive Secretariat about 11:02:55 Mrs. Clintons use e-mail? 11:02:58 None that recall. 11:03:01 Okay. When you first arrived Executive 11:03:02 Secretariat, did Daniel Smith sorry, Executive 11:03:08 Secretary, did Daniel Smith anyone else discuss 11:03:12 with you Mrs. Clintons use BlackBerry? 11:03:15 Yes. 11:03:25 What were those discussions? 11:03:25 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 They focused whether not 11:03:32 BlackBerry could used within the Office the 11:03:39 Secretary, the physical space the office 11:03:42 the Secretary. 11:03:44 And the time you started, was 11:03:45 BlackBerry able used within the physical space 11:03:49 the office the Secretary? 11:03:51 The office the Secretary, which was 11:03:54 contiguous mine, the electronic devices were not 11:03:56 permitted there. 11:04:00 Okay. you know Mrs. Clinton was 11:04:03 using State-Department-issued assigned 11:04:07 BlackBerry? 11:04:10 during the time 11:04:14 When you started, was that part the 11:04:15 discussions, the type BlackBerry Mrs. Clinton was 11:04:18 using? 11:04:20 No. 11:04:21 Did you ever during your tenure, did 11:04:21 you ever see Mrs. Clinton use BlackBerry? 11:04:27 Physically, no. 11:04:31 Okay. 11:04:32 you know she, when she used PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 her BlackBerry, where she would use it, when she was 11:04:37 the State Department? 11:04:40 MR. MYERS: Objection. Foundation. dont have personal knowledge where she might have used it. Did you have any discussions with 11:04:41 11:04:47 11:04:48 11:04:49 individuals when you first started about where 11:04:52 Mrs. Clinton could use her BlackBerry? 11:04:54 Not that recall, no. 11:05:00 Okay. 11:05:01 Did Mrs. Clinton have State-Department-issued computer her desk? 11:05:02 Not that recall. 11:05:07 you know there was office set 11:05:07 somewhere else for Mrs. Clinton use her 11:05:12 BlackBerry? 11:05:14 11:05:17 have seen reports that the press. dont recall that knew that the time. Okay. Mrs. Clinton about her use BlackBerry? No. Okay. Did you ever speak with Not that can recall, no. 11:05:21 11:05:23 11:05:27 11:05:32 Did you ever speak with Ms. Mills 11:05:35 about use Mrs. Clintons use BlackBerry? 11:05:37 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 Not that dont recall speaking with Ms. Mills about it, no. 11:05:50 Did you communicate with her other ways about Mrs. Clintons use BlackBerry? 11:05:53 11:05:56 reviewed e-mail that was attributed 11:05:59 the press this, among other subjects. 11:06:02 Yes. 11:05:51 preparing for our meeting today, 11:05:43 Okay. Besides what, this document that 11:06:06 youre referring to, you recall any other 11:06:10 communications with Ms. Mills about Mrs. Clintons 11:06:12 use BlackBerry? 11:06:14 dont, no. 11:06:17 Okay. 11:06:18 What about communications with Ms. Abedin about Mrs. Clintons use BlackBerry? Again, remember the document that saw 11:06:20 11:06:28 the press, which that, among other 11:06:31 subjects, was covered. 11:06:35 Okay. the extent you had any 11:06:36 discussions with anyone else within the State 11:06:40 Department about Mrs. Clintons use BlackBerry, 11:06:42 who were those discussions with? 11:06:45 MR. MYERS: Objection. Vague. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:06:48 Videotaped Deposition Stephen Mull Conducted June 2016 You may answer the question. cant recall such discussions. 11:06:54 11:06:55 general the subject ever came up, would most 11:06:59 likely speak with the systems experts. 11:07:02 Okay. And who were those individuals? 11:07:05 The people who worked the Office 11:07:08 S/ES-IRM. Okay. Would that have been Mr. Bentel? MR. MYERS: 11:07:10 Objection. Asked and answered. 11:07:13 11:07:17 11:07:18 You may answer the question. 11:07:19 Yes. 11:07:20 Okay. Among others. Did you ever talk Clarence 11:07:22 Finney about the use Mrs. about Mrs. Clinton 11:07:25 using BlackBerry? 11:07:27 dont recall. 11:07:28 you recall ever communicating with 11:07:28 Ms. Abedin non-State.gov e-mail account? 11:07:40 cant recall. 11:07:53 Are you aware that Ms. Abedin used 11:07:53 non-State.gov e-mail account conduct official 11:08:00 government business? 11:08:03 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 aware allegations that effect 11:08:07 the press, but dont have personal 11:08:09 knowledge. 11:08:14 MR. BEKESHA: (Deposition Exhibit marked for Mark this Exhibit identification and attached the transcript.) 11:08:29 11:08:31 11:08:40 Have you had chance review 11:08:40 Yes. 11:09:13 Great. seem recall was staffer 11:09:14 11:09:17 S/ES-IRM. 11:09:20 Mr. Bentel? 11:09:13 you know who Christopher Butzgy is? Thank you. Okay. And would have reported that correct? cant recall who his immediate boss was, but Mr. Bentel was the director the office. Okay. Have you ever seen this e-mail chain before? seem recall seeing somewhere the the press. 11:09:22 11:09:25 11:09:30 11:09:32 11:09:34 11:09:37 11:09:42 11:09:45 Okay. 11:09:46 the 11:09:47 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 that would have been within the past year? 11:09:48 11:09:49 dont know was would have 11:09:53 been cant remember when exactly this came 11:09:55 the press. 11:09:57 But But after 11:09:59 was definitely the press. 11:10:00 Okay. 11:10:01 But after you were Executive Secretary after your tenure Executive 11:10:02 Secretary? 11:10:04 Yes. Did you ever have any conversations with Yes. Uh-huh. 11:10:04 11:10:05 Mr. Butzgy about Mrs. Clintons use BlackBerry 11:10:15 e-mail? 11:10:17 No, not that recall. 11:10:18 you recall having any conversations 11:10:20 with Mr. Bentel about Mrs. Clinton difficulty 11:10:24 Mrs. Clinton was having receiving e-mails? 11:10:28 dont recall any such conversation. 11:10:32 you know issues like that were ever 11:10:34 raised during your deputy your daily deputy 11:10:36 meeting? 11:10:42 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 dont recall. MR. MYERS: THE WITNESS: Objection. 11:10:42 Vague. sorry. 11:10:42 11:10:43 Mrs. Clinton the 11:10:45 Mrs. Clinton was having trouble with communications, 11:10:48 would that issue that would raise would 11:10:50 rise your level? 11:10:54 Occasionally the Secretarys communications issues would come me. Did any those communication issues come you during your tenure Executive Secretary? MR. MYERS: Objection. Vague. 11:10:59 11:11:02 11:11:05 11:11:08 11:11:11 You may answer the question. 11:11:13 Communications general? 11:11:15 Communications general. 11:11:15 Yes. 11:11:17 Okay. And what were those communications issues? 11:11:17 11:11:20 Typically the challenges providing 11:11:21 secure telephone communications with the Secretary 11:11:25 while she was away from the State Department. 11:11:27 Okay. Did ever involve her ability PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:11:29 Videotaped Deposition Stephen Mull Conducted June 2016 send communicate via e-mail? 11:11:36 11:11:57 Exhibit this could marked. 11:12:01 (Deposition Exhibit marked for Not that recall, no. MR. BEKESHA: 11:11:34 identification and attached the transcript.) Have you had chance review this e-mail? 11:12:01 11:12:10 11:12:10 11:12:32 Yes. 11:12:33 this the e-mail that you were 11:12:33 discussing before MR. MYERS: 11:12:34 Objection. 11:12:36 that you had previous that you had reviewed preparation for today? Okay. 11:12:39 Yes. 11:12:36 11:12:41 you recall this e-mail chain? 11:12:41 Besides prior your review, did you recall this 11:12:45 e-mail, you recall this e-mail? 11:12:49 sending the e-mail? MR. MYERS: you recall 11:12:51 Objection. Compound. 11:12:52 you recall sending the e-mail? 11:12:54 Well, prior its appearance the press 11:12:56 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 earlier this year, had not recalled it. Okay. And you recall what press you saw about this e-mail? think there was article The Okay. 11:13:03 11:13:06 Washington Post earlier this year. 11:12:59 11:13:13 11:13:16 When you read the article, that 11:13:17 helped what did you think when you read the 11:13:23 article about this e-mail? 11:13:26 MR. MYERS: Objection. Vague, and calls for narrative response. 11:13:27 11:13:29 You may answer the question. 11:13:30 What did think? 11:13:33 what thought. thought was interesting. 11:13:36 Why did you think was interesting? 11:13:39 MR. MYERS: dont recall 11:13:41 Objection. Vague, and calls for narrative response. You may answer the question. 11:13:44 MR. MYERS: 11:13:48 authorized discovery, well. 11:13:43 And beyond the scope 11:13:49 You may answer the question. 11:13:50 Well, think whenever something 11:13:51 appears The Washington Post with your name it, PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:13:55 Videotaped Deposition Stephen Mull Conducted June 2016 its nature interesting. Did you think was good thing? Did 11:13:59 you like seeing your name The Washington Post? 11:14:03 MR. MYERS: 11:13:58 Objection. Beyond the scope authorized discovery. 11:14:06 11:14:07 Usually not. 11:14:08 Did you talk anybody outside your 11:14:09 counsel preparation for today, have you talked 11:14:11 anybody about this e-mail? 11:14:15 MR. MYERS: Objection. just want 11:14:17 observe the courts order that scopes out number 11:14:18 topics. 11:14:20 exclude the other things that are excluded the 11:14:22 courts order. 11:14:24 you could rephrase your question Excluding counsel, well any law 11:14:25 enforcement that currently have active 11:14:28 law-enforcement proceedings going on, did you speak 11:14:31 anyone about this e-mail? 11:14:36 Yes. 11:14:41 Who did you speak with? 11:14:41 spoke with the Inspector Generals 11:14:47 office the State Department. spoke with PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:14:52 Videotaped Deposition Stephen Mull Conducted June 2016 individuals the Office the Legal Advisor. suppose colleagues mine may have mentioned 11:15:06 me, Hey, saw your name The Washington Post. 11:15:09 you recall who those colleagues were? 11:15:13 11:15:15 Objection. 11:15:16 No, not today cant. Okay. Beyond the scope authorized discovery. 11:14:57 MR. MYERS: And No. And you mentioned you spoke with the Office Legal Advisor. Was that preparation was that preparation for today? 11:15:18 11:15:20 11:15:24 11:15:25 No. 11:15:28 Okay. 11:15:29 Well, have spoken with someone 11:15:29 preparation for today. discussion was not did not know this would 11:15:36 happening. 11:15:39 MR. MYERS: But the first time had the going preemptively 11:15:33 11:15:40 instruct the witness not reveal the content 11:15:42 conversations with legal advisor any context. 11:15:44 hope can agree that. 11:15:47 MR. BEKESHA: Sure. 11:15:48 MR. MYERS: Thank you. 11:15:49 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 looking the e-mail itself, the 11:15:49 bottom e-mail, the bottom e-mail the chain, 11:15:55 appears e-mail from you Ms. Mills. 11:15:59 that correct? 11:16:03 Yes. 11:16:04 Also the e-mail Ms. Abedin, Patrick 11:16:06 Kennedy, and Monica Hanley. that correct? 11:16:09 Yes. 11:16:12 you know you bccd anyone this 11:16:12 e-mail? 11:16:16 dont recall. 11:16:17 Who who that time who was 11:16:17 Ms. Abedin? 11:16:23 11:16:25 Ms. Abedin was the deputy chief staff Secretary Clinton for operations. Management. Yes. Okay. And Mr. Kennedy was the Undersecretary for that correct? 11:16:29 11:16:31 11:16:35 11:16:37 And you know who Monica Hanley is? 11:16:37 11:16:40 Monica Hanley was that time the employee the Office the Secretary. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:16:41 11:16:48 Videotaped Deposition Stephen Mull Conducted June 2016 you know what her specific title was? 11:16:49 dont remember. 11:16:53 you know what her basic general 11:16:53 responsibilities were? 11:16:56 She generally provided immediate support 11:16:58 Secretary Clinton traveling, carrying her 11:17:01 briefing books, providing, you know, immediate 11:17:07 personal support the Secretary. 11:17:11 Looking the e-mail, starts 11:17:13 off, Cheryl, thanks again for alerting the 11:17:19 communication issues the Secretary has been having. 11:17:23 Okay. Those communication issues, was that what 11:17:26 you were discussing, talked about before, about 11:17:28 secure telephone calls? 11:17:33 dont recall the circumstances that resulted this e-mail. with Cheryl Mills about secure communications 11:17:42 difficulties. 11:17:46 Okay. But very often did speak 11:17:36 Turning the page and looking the starts off, 11:17:39 11:17:48 second-to-last paragraph. Separately, are working provide the Secretary 11:18:02 per her request department-issued BlackBerry 11:18:04 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:17:56 Videotaped Deposition Stephen Mull Conducted June 2016 replace her unit, which malfunctioning. you see that? 11:18:10 Yes. 11:18:11 MR. MYERS: Objection. think you misread the text just little bit. MR. BEKESHA: MR. MYERS: dont know MR. BEKESHA: MR. MYERS: 11:18:16 11:18:18 can agree that the document speaks for itself. sorry. 11:18:12 11:18:13 what apologize. 11:18:08 11:18:21 11:18:23 Yes. can move on. Yeah. you recall, prior this e-mail you 11:18:24 11:18:26 11:18:27 recall having any communications with Ms. Mills 11:18:30 about issuing the department issuing BlackBerry 11:18:33 Mrs. Clinton? 11:18:36 dont recall, no. 11:18:39 you recall having any conversations 11:18:40 with anyone the State Department prior this 11:18:42 e-mail about issuing Mrs. Clinton BlackBerry? 11:18:46 dont recall, no. 11:18:50 Okay. 11:18:51 you dont recall why you wrote this sentence? PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:18:54 Videotaped Deposition Stephen Mull Conducted June 2016 Today dont, no. 11:18:56 Okay. 11:18:57 you know who you would have spoken with about issuing Mrs. Clinton BlackBerry? MR. MYERS: Objection. Foundation. 11:19:00 11:19:05 You may answer the question. 11:19:07 Typically ever received request 11:19:09 from any our senior clientele, including the 11:19:12 Secretary, systems-related, 11:19:15 communications-related support, would typically 11:19:20 refer those questions our systems support staff. 11:19:22 And who would the contact there? Who would you specifically refer to? MR. MYERS: Okay. Objection. 11:19:28 Compound. 11:19:30 Who who would you specifically refer such issue to? MR. MYERS: 11:19:25 11:19:32 11:19:35 Objection. Foundation. 11:19:36 You may answer the question. 11:19:38 the systems support staff who 11:19:40 individually depended the case. could anybody who worked that office who 11:19:50 happened see. 11:19:52 Was there one person within that staff PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:19:44 11:19:52 Videotaped Deposition Stephen Mull Conducted June 2016 that was responsible for issuing BlackBerrys the 11:19:54 office the Secretary? 11:19:57 had there was office, was 11:20:07 called think was called mobile solutions, 11:20:08 that provided BlackBerry support our full range 11:20:12 clientele the Executive Secretariat. 11:20:17 Okay. you know how someone within the 11:20:19 Office the Secretary would receive would 11:20:23 issued BlackBerry from the State Department? 11:20:27 They would make the request the mobile solutions office. 11:20:32 11:20:35 Did any was during your time 11:20:37 Executive Secretary, were there any new hires within 11:20:40 the Office the Secretary? 11:20:44 cant cant recall. 11:20:51 Okay. you you know, there was 11:20:52 new hire, that individual would have request 11:20:54 BlackBerry the BlackBerry would have just 11:20:58 been issued their first day? 11:21:00 cant say. you know who was responsible for dont know. issuing e-mail addresses employees within the PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:21:10 11:21:12 11:21:15 Videotaped Deposition Stephen Mull Conducted June 2016 Office the Secretary? No. Okay. 11:21:17 11:21:23 you know what that you 11:21:23 know what the process was for issuing e-mail 11:21:24 address employees within the Office the 11:21:25 Secretary? 11:21:27 no. generally speaking, 11:21:34 when you start office, you fill out form 11:21:37 that acted upon granting e-mail address. 11:21:44 But not sure who approves who comes 11:21:49 with the address. 11:21:50 Okay. you know the Secretary State would required fill out that form? 11:21:51 11:21:55 dont know. 11:21:59 Either her either the Secretary 11:22:00 personally somebody her behalf. 11:22:01 dont know. 11:22:04 Looking back the e-mail, you continue, 11:22:04 Possibly because her personal e-mail server 11:22:16 down. 11:22:20 you see that? 11:22:21 Yes. 11:22:22 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 you recall having any conversations 11:22:22 with anybody within the State Department about 11:22:26 Mrs. Clintons personal e-mail server being down? 11:22:29 dont recall conversations. 11:22:33 this point fair say that you 11:22:34 knew that Mrs. Clinton was using personal e-mail 11:22:39 server? 11:22:42 Yes, suppose you could say that, uh-huh. 11:22:48 you know how you learned that? 11:22:51 cant recall, no. 11:22:56 you recall when you learned that? 11:22:58 No. 11:23:01 Okay. cant recall. you recall any conversations about Mrs. Clintons personal e-mail server? 11:23:01 11:23:05 During time Executive Secretary? 11:23:13 During your time Executive Secretary. 11:23:15 Yes. Sorry about that. 11:23:17 No, cant cant recall, no. 11:23:20 Were going continue with the e-mail. 11:23:22 You next say, will prepare two versions for her 11:23:25 use, one with operating State Department 11:23:28 e-mail account. 11:23:32 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 you see that? 11:23:34 11:23:35 Yes. Uh-huh. What you mean prepare two versions? 11:23:37 11:23:39 Well, again, cant recall the exact 11:23:46 circumstances that led write this e-mail. 11:23:49 Reading now, understand mean that there 11:23:55 would two version two different kinds 11:23:58 BlackBerry, one with e-mail support and one without. 11:24:03 Okay. When you were the when you 11:24:05 were Executive Secretary, did you have two 11:24:12 State-Department-issued BlackBerrys? 11:24:14 Did have? 11:24:19 Did you, yes. 11:24:20 cant recall, no. you know employees within the Office No. 11:24:23 11:24:25 the Secretary had two State-Department-issued 11:24:27 BlackBerrys, one for access e-mail account, 11:24:30 and another one phone and Internet capability? 11:24:35 dont know. 11:24:41 you recall this would have been 11:24:42 unusual request? PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:24:45 Videotaped Deposition Stephen Mull Conducted June 2016 MR. MYERS: Objection. Vague. 11:24:46 You may answer the question. 11:24:48 What what you mean the term 11:24:52 request? Who whose request? 11:24:53 Would this have been the State 11:24:55 Department preparing two versions BlackBerry 11:24:58 for Mrs. Clinton, would that preparation two 11:24:59 BlackBerrys unusual? 11:25:02 MR. MYERS: Objection. Vague. You may answer the question. just dont recall. 11:25:04 11:25:07 11:25:11 typically was not involved issuing BlackBerrys 11:25:13 employees. 11:25:16 you know why there why she required two versions the BlackBerry? MR. MYERS: Okay. Objection. Mischaracterizes prior testimony. 11:25:17 11:25:21 11:25:24 11:25:25 You may answer the question. 11:25:27 dont know that she required two. 11:25:29 Okay. 11:25:30 you recall why you suggested you would prepare two versions the BlackBerry? dont recall why, no. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:25:35 11:25:38 Videotaped Deposition Stephen Mull Conducted June 2016 Why were you why were you involved with the discussions this time? MR. MYERS: Objection. 11:25:48 Foundation. Again, cant remember the circumstances that led write this e-mail today. suppose can infer came 11:25:41 11:25:50 11:25:53 11:25:56 11:26:02 attention that the Secretary was interested 11:26:04 acquiring e-mail interested acquiring 11:26:08 BlackBerry. 11:26:11 11:26:12 you recall Mrs. Clinton was interested acquiring e-mail account that 11:26:15 time? 11:26:18 dont recall that, no. 11:26:20 Okay. 11:26:21 Looking further the e-mail, says, one with operating State Department e-mail 11:26:26 account, and then parentheses, which would mask 11:26:28 her identity, but which would also subject 11:26:31 FOIA requests. 11:26:35 you see that? 11:26:35 11:26:36 Yes. Okay. Uh-huh. Lets take the first part, the masking her identity. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:26:38 11:26:40 Videotaped Deposition Stephen Mull Conducted June 2016 Why would she need her e-mail address masked? 11:26:46 MR. MYERS: 11:26:42 Objection. Mischaracterizes prior testimony. 11:26:46 11:26:48 You may answer the question. 11:26:48 Well, dont know that she needed 11:26:55 masked. speculation this speculation part. typically probably would not, Executive 11:27:15 Secretariat, support establishing e-mail address 11:27:21 that was commonly available every employee the 11:27:26 State Department. 11:27:29 Typically the again, this Okay. 11:27:00 But that the reason why you 11:27:13 11:27:30 proposed why you commented that would mask 11:27:35 her identity? 11:27:37 MR. MYERS: Objection. Foundation. 11:27:38 You may answer the question. 11:27:39 Again, cant recall the 11:27:41 circumstances that led write this. But 11:27:45 speculate would have been ensure that was 11:27:49 clear that Secretary Clintons name would not appear 11:27:53 the State Departments directory. 11:27:57 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 Okay. Mrs. Clintons name did not 11:27:59 appear the directory, how would employees 11:28:04 communicate with her? 11:28:08 e-mail address? 11:28:11 MR. MYERS: How would employees know her Objection. Foundation. Calls for speculation. 11:28:12 11:28:13 You may answer the question. 11:28:14 dont know. 11:28:18 Okay. 11:28:20 The next part the e-mail says, but which would also subject FOIA requests. that correct? 11:28:23 11:28:27 says that, yes. you recall why you wrote that? 11:28:30 MR. MYERS: 11:28:33 Uh-huh. Objection. Asked and answered. 11:28:29 11:28:34 Yeah, again, dont recall the 11:28:35 circumstances that led write that. 11:28:38 Prior writing this e-mail, did you have 11:28:41 any communications with anyone the State 11:28:44 Department about FOIA Mrs. Clintons e-mail and 11:28:47 FOIA requests? 11:28:51 Not that recall, no. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:28:54 Videotaped Deposition Stephen Mull Conducted June 2016 Did you have any did you have any 11:28:55 conversations with anyone which you the other 11:28:59 individual raised concern that Mrs. Clintons 11:29:04 e-mail was currently not being subject FOIA 11:29:06 requests? 11:29:09 No, dont recall any conversation like that. 11:29:13 11:29:15 you recall ever hearing that there were 11:29:15 concerns that Mrs. Clintons e-mails were not being 11:29:19 subject FOIA requests? 11:29:22 No, dont. Going back the first page. 11:29:26 The e-mail 11:29:27 above the one were just discussing response 11:29:38 from Ms. Abedin you. 11:29:42 lets discuss the State BlackBerry. whole lot sense. And starts off, Steve, Doesnt make 11:29:50 you see that? 11:29:51 11:29:52 Yes. Okay. 11:29:46 you recall receiving that e-mail from Ms. Abedin? 11:29:52 11:29:54 No. 11:29:56 you recall ever discussing with 11:29:56 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 Ms. Abedin the e-mail and State Department 11:29:59 BlackBerry after the receipt this e-mail? 11:30:03 No. 11:30:05 you know you had any conversation 11:30:06 with Ms. Abedin after this e-mail? MR. MYERS: Objection. 11:30:10 Asked and answered. 11:30:12 11:30:15 You can answer the question. 11:30:15 Did have any conversations with her? 11:30:16 Any conversations about State Department 11:30:18 BlackBerry, sorry. 11:30:20 Not that recall, no. 11:30:21 Okay. 11:30:21 The e-mail from that appears response from you Ms. Abedin. 11:30:26 that correct? 11:30:30 Yes. 11:30:31 says, Thanks for reminding all 11:30:31 Thanks for reminding all this very helpful 11:30:35 context, three exclamation marks maybe yes, and 11:30:40 smiley face. 11:30:44 Yes. 11:30:45 that correct? 11:30:45 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 Yes. 11:30:46 you recall you had conversation 11:30:46 before sending that e-mail? MR. MYERS: Objection. 11:30:48 Vague. you recall having conversation about 11:30:52 11:30:55 contact providing where Ms. Abedin provided 11:30:59 you with helpful context? 11:31:02 MR. MYERS: Objection. Vague. 11:31:04 No, dont recall. 11:31:06 you recall why you sent this response? 11:31:07 dont recall why, no. 11:31:11 The the e-mail above that appears 11:31:12 response from Ms. Abedin you. Ms. Abedin states, Its pretty silly and she knows it. 11:31:19 11:31:23 you know what that was reference to? 11:31:27 MR. MYERS: 11:31:29 Objection. Vague. You may answer the question. 11:31:31 Well, again, dont recall receiving 11:31:35 this e-mail the time. looking now, would understand talking about the concerns 11:31:43 about the equipment installed for while she was 11:31:45 traveling. 11:31:49 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:31:38 Videotaped Deposition Stephen Mull Conducted June 2016 Besides have you spoken with Ms. Abedin 11:31:51 about this e-mail chain since you learned 11:31:55 the media? 11:32:00 No. 11:32:01 Have you talked about this e-mail chain 11:32:01 with Mr. Kennedy since you read about the 11:32:04 media? 11:32:06 No. 11:32:07 Have you talked about this e-mail with 11:32:07 Ms. Mills since you read about the media? No. And then last, Ms. Hanley. 11:32:11 11:32:14 Have you 11:32:14 talked her about this e-mail chain since you read 11:32:17 the media? 11:32:19 No. 11:32:20 Did you speak with the Inspector General 11:32:21 about this e-mail within the past year? dont recall. meetings with the 11:32:28 11:32:45 Inspector General, one was telephone conversation 11:32:48 last summer, and then there was meeting 11:32:53 office September, before this was the media. 11:32:56 dont recall that, that discussed this. 11:33:00 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 Have you spoken the Inspector General since this was the media? 11:33:08 11:33:11 MR. MYERS: line questioning. specifically protects protects the 11:33:15 confidentiality the investigation and the 11:33:19 communications that the has. 11:33:21 questions about the substance what knows, you 11:33:23 should ask those questions. 11:33:25 MR. BEKESHA: going object this 11:33:12 There statute that 11:33:13 you have Sure. 11:33:27 you know who Bryan Pagliano is? 11:33:30 have read his name the media 11:33:39 recently, yes. MR. MYERS: Objection. Thats ambiguous. Which part are you asking about, the while? MR. BEKESHA: Did you know who Bryan Pagliano was while you were Executive Secretary? Okay. 11:33:43 About Mr. Pagliano. Did you know who Mr. Pagliano was while you were Executive Secretary? 11:33:43 11:33:47 11:33:49 11:33:52 11:33:55 11:33:56 11:33:59 dont recall that did, no. 11:34:01 you recall ever speaking with 11:34:02 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 Mr. Pagliano while you were Executive Secretary? 11:34:06 No. 11:34:08 Have you spoken anyone besides counsel 11:34:08 and any law enforcement where theres active 11:34:14 investigation going about Mr. Pagliano? 11:34:17 Have you spoken anyone else? 11:34:20 seem recall have. 11:34:25 Again, when his name appeared the media, vaguely remember 11:34:29 people asking knew who was. 11:34:33 Who were those individuals? Were any them the State Department? Some may have been. specific conversations. 11:34:38 11:34:41 cant remember But friends, colleagues. you recall generally what you told them when they asked? 11:34:46 11:34:47 11:34:51 11:34:54 That did not know him. 11:34:56 you know any other State you 11:34:58 know any State Department officials employees 11:35:03 that used e-mail account Clintonemail.com 11:35:06 conduct official government business? 11:35:10 Well, your question based the assumption that knew that someone was conducting PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:35:17 11:35:20 Videotaped Deposition Stephen Mull Conducted June 2016 government business, and dont have basis 11:35:22 make such judgment. 11:35:24 you know any State Department 11:35:25 monies, resources, personnel were used create 11:35:30 operate Clintonemail.com? 11:35:35 dont know. 11:35:37 you know Mrs. Clinton any point 11:35:38 was advised not was advised use State.gov 11:35:42 e-mail account conduct official government 11:35:47 business? 11:35:48 not aware that she was. 11:35:49 you know Ms. Abedin was ever advised 11:35:50 use State.gov e-mail account conduct 11:35:55 official government business? 11:35:58 No, not aware that. 11:36:01 Okay. you know anybody authorized 11:36:03 Mrs. Clinton use non-State.gov e-mail account 11:36:06 conduct official government business? 11:36:10 dont know. 11:36:12 you know Mrs. Clintons use 11:36:12 Clinton e-mail dot non-State Department e-mail 11:36:17 address was conflict with State Departments 11:36:21 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 policies, practices, procedures? MR. MYERS: Objection the extent that calls for legal conclusion. 11:36:23 11:36:25 11:36:26 You may answer the question. 11:36:27 dont know the law it. 11:36:29 you know memorandum exists that 11:36:31 talks about Mrs. Clintons use non-State.gov 11:36:35 e-mail account? 11:36:39 know sorry, could you repeat that question? 11:36:41 11:36:44 That memorandum exists that discusses 11:36:44 Mrs. Clintons use non-State.gov e-mail 11:36:46 account. 11:36:50 vaguely aware. think there was 11:36:58 some reference that the the press 11:37:00 accounts this issue. 11:37:03 Okay. MR. BEKESHA: 11:37:05 Lets take five-minute ten-minute break. VIDEO SPECIALIST: 11:37:10 11:37:12 This marks the end 11:37:13 Tape Number the deposition Stephen Mull. 11:37:16 are off the record 11:37. 11:37:20 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 recess was taken.) 11:37:50 VIDEO SPECIALIST: 11:53:18 Here begins Tape Number the deposition Stephen Mull. are back the record 11:53. 11:53:25 11:53:28 MR. BEKESHA: Were going mark this Exhibit 11:53:32 (Deposition Exhibit marked for 11:53:34 Thank you. identification and attached the transcript.) MR. BEKESHA: Great. Thank you. Have you had chance look the record? 11:53:34 11:54:22 11:54:22 11:54:23 Ive Ive looked but, obviously, not read the whole thing, ... 11:53:31 Okay. Have you this the January 11:54:25 11:54:26 11:54:28 2016 OIG report entitled Evaluation the 11:54:31 Department States FOIA processes for requests 11:54:36 involving the Office the Secretary. 11:54:40 Have you seen this before? 11:54:42 Yes. 11:54:44 When did you see this? 11:54:44 When was released earlier this year. 11:54:47 Okay. 11:54:49 Have you discussed this report with PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 anyone, excluding counsel and any law-enforcement 11:54:52 officers that are currently engaging active 11:54:57 law-enforcement investigation? 11:55:01 Not that recall, no. 11:55:03 Okay. 11:55:04 Did you speak with the Office Inspector General with respect this report? 11:55:10 Not that recall, no. 11:55:16 Okay. 11:55:17 going point your attention couple the pages. 11:55:21 All right. 11:55:26 Lets first Page 11:55:26 And either you want take moment 11:55:28 look now, can ask the question and then 11:55:33 you can have opportunity look the page. 11:55:36 Whatever works best for you, Mr. Mull. 11:55:38 Okay. The the entire page? 11:55:40 Yeah. mean, you can take look. 11:55:42 Okay. Ive read it. 11:56:50 Thank you. Does this page properly 11:56:51 reflect what you recall the FOIA process for 11:56:53 requests involving the Office the Secretary while 11:56:57 you were Executive Secretary? 11:56:58 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 MR. MYERS: MS. BERMAN: MR. BEKESHA: Five. THE WITNESS: Oh, was six. sorry. sorry. Objection. Okay. Great. Sorry. What page were you on? 11:57:08 11:57:13 11:57:15 Not problem. Yes. 11:57:20 11:58:57 Thank you. 11:58:57 Does this Ill ask question again. 11:57:00 11:57:10 mistake. MR. BEKESHA: Vague. 11:58:58 Does this properly reflect what you recall the 11:59:00 FOIA process for requests involving the Office 11:59:02 the Secretary while you were Executive Secretary? 11:59:05 MR. MYERS: Objection. Vague. 11:59:07 You may answer the question. 11:59:09 far recall. 11:59:11 dont recall the very specific process, but this seems 11:59:13 consistent with what recall. 11:59:18 refers FOIA FOIA analyst. while you were Executive Secretary? 11:59:19 11:59:23 you recall who the FOIA analyst was Okay. dont, no. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 11:59:24 11:59:27 11:59:29 Videotaped Deposition Stephen Mull Conducted June 2016 Okay. also discusses Deputy Director Correspondence, Records and Staffing. recall who that individual was while you were 11:59:36 Executive Secretary? 11:59:38 dont recall, no. Moving Page you 11:59:29 11:59:34 11:59:43 The paragraph that 11:59:50 starts Page and ends Page want 11:59:57 direct your attention to. 12:00:01 Okay. 12:00:02 Ill give you minute read that over. 12:00:02 MR. MYERS: 12:00:05 Michael, this the paragraph that starts, addition? MR. BEKESHA: MR. MYERS: Okay. Yes. 12:00:08 Thanks. 12:00:08 Okay. 12:00:06 12:01:01 that paragraph reads, S/ES 12:01:01 rarely searched electronic e-mail accounts prior 12:01:05 2011 and still does not consistently search these 12:01:08 accounts even when relevant records are likely 12:01:11 uncovered through such search. 12:01:14 you see that? 12:01:17 Yes. 12:01:17 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 you recall whether not while you 12:01:18 were Executive Secretary the Executive Secretariat 12:01:23 searched electronic e-mail accounts? 12:01:27 MR. MYERS: the extent that your 12:01:29 question goes beyond former Secretary Clinton and 12:01:30 Huma Abedin, object that its beyond the scope 12:01:33 discovery. 12:01:35 You may answer the question. 12:01:36 typically Executive Secretary was not 12:01:37 personally involved conducting searches, 12:01:41 cant cant recall. 12:01:45 Okay. 12:01:47 when was when wasnt done. 12:01:48 Sure. 12:01:49 Okay. Thank you. The last sentence says, The FOIA analyst 12:01:52 described the decision search e-mail accounts 12:01:55 discretionary, one that only exercised 12:01:58 periodically. 12:02:00 you see that? 12:02:01 Yes. 12:02:05 While you were Executive Secretary, did 12:02:06 you have any conversations with anyone within the 12:02:07 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 Office Executive Secretariat about whether not 12:02:09 e-mail accounts should searched regularly? 12:02:12 MR. MYERS: Again. Same objection, the 12:02:15 extent your question isnt limited the 12:02:17 individuals identified the courts order setting 12:02:20 the scope permissible discovery. 12:02:22 You may answer the question. 12:02:23 dont recall any such 12:02:25 conversations. 12:02:26 Are you surprised with these findings the Inspector General? 12:02:26 12:02:29 MR. MYERS: Objection. Its beyond the scope permissible discovery. 12:02:31 12:02:34 You may answer the question. 12:02:35 surprised with all the findings 12:02:37 12:02:39 With the findings specifically, those two sentences that were just discussing. MR. MYERS: Same objection. 12:02:39 12:02:42 12:02:43 You may answer the question. 12:02:44 sorry. 12:02:49 Just one the last sentence that paragraph? PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 12:02:52 Videotaped Deposition Stephen Mull Conducted June 2016 Yes. The S/ES rarely searched electronic 12:02:53 e-mail accounts prior 2011, and then the 12:02:55 sentence, The FOIA analyst described the decision 12:02:58 search. 12:03:00 MR. MYERS: Same objection scope discovery, and also foundation. dont have basis surprised not surprised. 12:03:01 12:03:04 12:03:08 12:03:12 you know why the change was made 12:03:14 2011 about how electronic e-mail accounts were 12:03:22 searched subject FOIA requests? 12:03:26 MR. MYERS: Objection. Vague. Assumes facts not evidence. 12:03:27 12:03:29 You may answer the question. 12:03:30 Which change 2011? 12:03:31 The talks about, the report says, 12:03:32 S/ES rarely searched electronic e-mail accounts 12:03:37 prior 2011. 12:03:39 Oh. 12:03:41 our question is, you know why 12:03:41 what changed why changed between Yeah. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 12:03:44 12:03:47 Videotaped Deposition Stephen Mull Conducted June 2016 prior 2011? MR. MYERS: Same objection. 12:03:47 And your question also now compound. 12:03:49 12:03:50 You may answer the question. 12:03:51 dont know why, no. 12:03:52 you could turn Page 11. 12:03:54 Specifically the paragraph of, Lack written 12:04:05 policies and procedures. 12:04:10 Okay. 12:04:13 Okay. 12:04:56 Great. The first sentence, Although 12:04:57 other department components, such the Bureaus 12:05:00 Diplomatic Security and International Narcotics and 12:05:04 Law Enforcement Affairs, have their own written FOIA 12:05:07 guidance standard operating procedures, S/ES does 12:05:10 not. 12:05:14 you see that sentence? 12:05:14 Yes. 12:05:15 Does that help refresh your recollection 12:05:16 whether not S/ES had specific written FOIA 12:05:17 guidance when you were Executive Secretary? 12:05:22 dont remember any any such guidance. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 12:05:26 Videotaped Deposition Stephen Mull Conducted June 2016 there were such guidance, who would responsible for writing such guidance? MR. MYERS: Objection. 12:05:30 Foundation. Calls for speculation. 12:05:28 12:05:32 12:05:33 Well, again, dont know. But 12:05:39 would speculate that the office responsible for that 12:05:41 function, the office then the Office 12:05:45 Correspondence and Records. 12:05:50 Okay. Turning Page 13, the paragraph entitled, Insufficient Training. 12:05:50 12:05:58 Yes. 12:06:30 just had quick question of, you 12:06:30 recall training occurring within the Office the 12:06:34 Executive Secretariat while you were Executive 12:06:37 Secretary? 12:06:39 MR. MYERS: Objection. Vague, and goes beyond the scope authorized discovery. 12:06:39 12:06:41 You may answer the question. 12:06:43 not recall such training. 12:06:45 Turning Page 14. 12:06:51 Actually, strike that. Lets turn Page 20. 12:07:04 12:07:13 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 you could take look Page 20, well 12:07:24 Okay. that would great. Okay. Great. 12:07:26 Thank you. 12:07:26 12:09:25 Thank you. 12:09:25 This appears letter from MaryKary Carlson the Inspector General? Yes. And MaryKary Carlson the time was the Uh-huh. 12:09:34 Acting Executive Secretary? MR. MYERS: Objection. Foundation. 12:09:41 dont know that fact, but thats the investigation? Okay. 12:09:49 12:09:51 No. 12:09:43 12:09:47 Did you ever speak with Ms. Carlson about 12:09:35 12:09:38 what says the ... 12:09:27 12:09:30 12:07:22 12:09:53 Looking Recommendation 12:09:53 states, The Executive Secretariat further agrees 12:09:59 with the OIG recommendation that S/ES employees 12:10:02 should reminded that federal records contained 12:10:05 personal e-mails may subject FOIA and should 12:10:08 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 preserved the departments record-keeping 12:10:11 systems. 12:10:14 guidance and instruction from the Undersecretary for 12:10:19 Management October 17, 2014. 12:10:22 All department employees received this you know any instructions were 12:10:25 provided S/ES employees prior October 17th, 12:10:27 2014? 12:10:32 MR. MYERS: Objection. goes beyond the scope authorized discovery. 12:10:33 12:10:35 You may answer the question. 12:10:36 dont dont recall any, no. 12:10:38 There also, farther down that 12:10:39 paragraph states, All employees are required 12:10:44 copy forward any personal message containing 12:10:48 federal record their official department e-mail 12:10:51 accounts for appropriate retention and archiving. 12:10:54 While you were Executive Secretary, you 12:10:58 know any such guidance any such guidance 12:11:00 was provided that effect employees within the 12:11:06 office the Secretary? 12:11:09 MR. MYERS: Objection. goes beyond the scope authorized discovery, which concerns FOIA PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 12:11:10 12:11:12 Videotaped Deposition Stephen Mull Conducted June 2016 processing, not records management general 12:11:14 matter. 12:11:16 MR. BEKESHA: Sure. 12:11:17 You may answer the question. 12:11:17 dont recall any. 12:11:18 Okay. (Deposition Exhibit marked for identification and attached the transcript.) MR. MYERS: Were going move what were going mark Exhibit Lets move on. Now have color copy this. 12:11:19 12:11:24 12:11:27 12:11:54 12:11:54 12:11:56 Have you seen this report before? 12:12:09 Ive seen mention the press 12:12:17 recently. 12:12:19 Okay. But you havent read the report? have not, no. 12:12:22 Okay. 12:12:23 And think you answered this 12:12:20 before, but did you speak with the Office 12:12:26 Inspector General with respect this report? 12:12:30 MR. MYERS: Objection. The 12:12:32 investigation not relevant the scope 12:12:37 discovery. 12:12:39 you have substantive questions, you PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 100 should ask him. 12:12:41 MR. BEKESHA: Sure. 12:12:41 You may answer the question. 12:12:42 spoke with the Office the Inspector 12:12:46 General two occasions last summer. recall that they was about the general 12:12:58 question e-mail practices. dont specifically 12:13:01 remember that they that they said was for the 12:13:10 title this inspection. 12:13:11 Okay. cant Thank you. 12:13:13 could turn Page Footnote 12:12:50 12:13:15 The report states, individual based New York 12:13:29 who provided technical support for Secretary 12:13:33 Clintons personal e-mail system but who was never 12:13:36 employed the department. 12:13:40 you know who that individual is? 12:13:41 MR. MYERS: 12:13:42 scope authorized discovery. Objection. goes beyond the 12:13:44 You may answer the question. 12:13:46 No, dont. 12:13:47 Page Footnote 14. talks about 12:13:48 states, March 17, 2009, memorandum prepared 12:14:12 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 101 S/ES-IRM staff regarding communications equipment 12:14:16 the Secretarys New York residence identified 12:14:22 server located the basement. 12:14:26 you see that? 12:14:27 12:14:28 Yes. When you became Executive Secretary, were Uh-huh. you shown this memorandum? 12:14:29 12:14:32 No, not that recall. 12:14:34 Have you ever seen the memorandum 12:14:41 identified this footnote? No, dont remember ever seeing memorandum like that. Have you ever discussed with anybody 12:14:42 12:14:43 12:14:46 12:14:46 within the office the Executive Secretariat this 12:14:48 memorandum the memorandum identified this 12:14:51 footnote? 12:14:54 No, not that recall. 12:14:55 Moving Page 12:14:56 interested the first paragraph that 12:15:10 starts, 2009. paragraph for moment, please. you could take look that Okay. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 12:15:12 12:15:16 12:15:42 Videotaped Deposition Stephen Mull Conducted June 2016 102 Great. you know what the SMART system is? 12:15:44 12:15:42 know information processing 12:15:45 system within the department, but not completely 12:15:53 familiar with the details. 12:15:55 Okay. The report states, 2009 IRM 12:15:56 introduced SMART throughout the department, enabling 12:16:02 employees preserve record copy e-mails 12:16:05 through their department e-mail accounts without 12:16:07 having print and file them. 12:16:09 IRM you know IRM that 12:16:11 instance was the general IRM for the State 12:16:14 Department the specific S/ES-IRM? 12:16:18 MR. MYERS: going object. beyond the scope discovery. records management and preservations, not FOIA 12:16:27 processing. 12:16:28 MR. BEKESHA: This This concerns Sure. 12:16:20 12:16:23 12:16:29 You may answer the question. 12:16:29 dont know. 12:16:31 But assuming from the context that this would the departments overall 12:16:34 IRM. 12:16:37 PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM Videotaped Deposition Stephen Mull Conducted June 2016 103 Okay. Thank you. 12:16:38 The next sentence is, However, the Office 12:16:39 the Secretary elected not use SMART 12:16:41 preserve e-mails. 12:16:44 question is, were you did you have 12:16:47 any conversations with anyone within the Office 12:16:50 the Secretary about electing not use SMART 12:16:53 preserve e-mails? 12:16:55 MR. MYERS: Same objection scope. 12:16:56 You may answer the question. 12:16:59 dont recall any such conversations with 12:17:01 the Office the Secretary. Okay. 12:17:04 you recall any conversations 12:17:05 with anyone within the State Department about the 12:17:07 Office the Secretary electing not use SMART 12:17:09 preserve e-mails? 12:17:13 MR. MYERS: Same objection scope. No, dont remember. Moving Page 11. 12:17:16 The paragraph that starts, Since 2004. Okay. Great. 12:17:13 12:17:17 12:17:35 12:18:20 it, that paragraph, PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 12:18:20 Videotaped Deposition Stephen Mull Conducted June 2016 104 states there August 2004 memorandum from the 12:18:23 Executive Secretary that reminded departing 12:18:27 officials not remove any document documentary 12:18:30 materials, whether personal official, and whether 12:18:34 written electronic form, until such materials 12:18:36 have been reviewed records and security officers. 12:18:41 question is, have you seen that August 2004 memorandum? 12:18:43 12:18:45 MR. MYERS: This exceeds 12:18:46 the scope discovery authorized the courts 12:18:47 order. 12:18:50 MR. BEKESHA: Same objection. Sure. 12:18:50 You may answer the question. 12:18:51 sitting here today, dont recall 12:18:53 that memorandum. Okay. 12:18:55 Farther down the paragraph 12:18:55 says the department reiterated this guidance 12:18:58 April, June, and October 2008. 12:19:00 Did you see any memorandum that may have 12:19:04 been issued April, June, October 2008 about 12:19:08 this issue? 12:19:11 MR. MYERS: Same objection. And the PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 12:19:11 Videotaped Deposition Stephen Mull Conducted June 2016 105 question compound. MR. BEKESHA: 12:19:12 Sure. 12:19:14 You may answer the question. 12:19:14 dont recall. 12:19:15 Okay. Farther down the paragraph 12:19:17 states, S/ES conducts annual workshops with the 12:19:22 agency agency records officer records 12:19:26 management for departing senior officials and their 12:19:31 staffs. 12:19:33 Such workshops were held February 2007, September 2008, June 2009, April 2010, October 2011, 12:19:37 October 2012, and October 2013. 12:19:43 Did you attend the did you attend 12:19:47 either the workshops October 2011 October 12:19:49 2012? 12:19:55 MR. MYERS: Objection. Scope, and compound. 12:19:56 12:19:57 You may answer the question. 12:19:59 No. 12:20:00 you know Mrs. Clinton attended 12:20:00 either those workshops? MR. MYERS: Objection. 12:20:07 Scope. You may answer the question. PLANET DEPOS 888.433.3767 WWW.PLANETDEPOS.COM 12:20:09 12:20:11 Videotaped Deposition Stephen Mull Conducted June 2016 106 dont know. Though would surprised. staff. officer is? 12:20:33 the State Department? 12:20:35 the State yes. 12:20:36 This normally targeted clerical 12:20:15 12:20:18 12:20:21 Okay. you know who the agency records the time 12:20:21 the time you were