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Transcript Patrick Kennedy
Date: June 29, 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 PATRICK KENNEDY
Washington,
Wednesday, June 29, 2016
10:05 a.m.
Job No.:
112297
Reported by:
Debra Whitehead
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Videotaped Deposition PATRICK KENNEDY, held the offices of:
U.S. DEPARTMENT JUSTICE
CIVIL DIVISION, FEDERAL PROGRAMS BRANCH Massachusetts Avenue,
Washington 20001
(202) 514-3374
Pursuant notice, before Debra Whitehead,
Approved Reporter the United States District Court
and Notary Public the District Columbia.
PLANET DEPOS
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 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
CAROLINE LEWIS WOLVERTON, ESQUIRE
MARCIA BERMAN, ESQUIRE
U.S. DEPARTMENT JUSTICE
CIVIL DIVISION Massachusetts Avenue,
Washington, 20530
(202) 514-2205
PLANET DEPOS
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 BEHALF DEFENDANT:
ALISON WELCHER, ESQUIRE
UNITED STATES DEPARTMENT STATE
OFFICE THE LEGAL ADVISOR
2201 Street,
Washington, 20520
(202) 647-6371
ALSO PRESENT:
JEREMY DINEEN, Video Specialist
GREGORY LAUDADIO, Judicial Watch
DANIEL RICHARDSON, Department Justice
MAX SIEGEL, Department Justice
CHEYENNE TRIMELS, Judicial Watch
PLANET DEPOS
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
EXAMINATION PATRICK KENNEDY
PAGE Mr. Bekesha Mr. Myers Mr. Bekesha
(Attached the Transcript)
KENNEDY DEPOSITION EXHIBIT
PAGE
Exhibit
E-mails
Exhibit
E-mail String
PLANET DEPOS
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
VIDEO SPECIALIST:
10:05:06
Here begins Tape Number
10:05:06 the videotaped deposition Patrick Kennedy
10:05:17
the matter Judicial Watch, Inc.,
10:05:22
Department State, the U.S. District Court for
10:05:25
the District Columbia, Case Number 13-CV-1363.
10:05:27
Todays date June 29, 2016.
10:05:35
the U.S.
The time the video monitor 10:05.
today Jeremy Dineen, representing Planet Depos.
10:05:45
This video deposition taking place the
10:05:49
Department Justice, Massachusetts Avenue,
10:05:51 Washington, DC.
10:05:55
Would counsel please voice-identify
themselves and state whom they represent.
MR. BEKESHA:
Michael Bekesha, behalf Judicial Watch.
10:05:57
10:05:59
10:06:01
10:06:03
10:06:06
MS. COTCA:
MR. PETERSON:
Paul Orfanedes, Judicial
Watch.
10:05:40
10:06:03
MR. ORFANEDES:
The videographer
Ramona Cotca, Judicial Watch.
James Peterson, Judicial
Watch.
10:06:06
10:06:07
10:06:11
MR. MYERS:
Steven Myers, for the
PLANET DEPOS
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10:06:11
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Department State.
MS. BERMAN:
MS. WELCHER:
Alison Welcher, Department State.
10:06:12
10:06:17
MS. WOLVERTON:
Caroline Wolverton,
Department State.
10:06:17
10:06:19 also have two summer interns from our
10:06:12
10:06:12
Marcia Berman, Department
State.
10:06:12
office.
10:06:19
10:06:22 you all want introduce yourselves.
10:06:22
MR. RICHARDSON:
10:06:22
MR. SIEGEL:
MR. LAUDADIO:
Max Siegel.
Gregory Laudadio, Judicial
Watch.
10:06:26
10:06:26
10:06:26
MS. TRIMELS:
Daniel Richardson.
Cheyenne Trimels, Judicial
Watch.
10:06:26
10:06:30
VIDEO SPECIALIST:
The court reporter
10:06:30
today Debbie Whitehead, representing Planet
10:06:35
Depos.
10:06:38
Would the reporter please swear the
witness.
10:06:38
10:06:39
PATRICK KENNEDY,
PLANET DEPOS
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10:06:39
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
having been duly sworn, testified follows:
MR. MYERS:
And Undersecretary Kennedy
reserves the right read and sign his deposition.
EXAMINATION COUNSEL FOR PLAINTIFF
All set?
Michael Bekesha.
Watch.
10:06:48
10:06:52
Great.
Good morning, Mr. Kennedy.
10:06:46
10:06:52 MR. BEKESHA:
10:06:46
10:06:55 name attorney for Judicial here ask you some questions about one
10:06:56
10:06:58
10:07:00 Judicial Watchs Freedom Information Act
10:07:03
lawsuits against the State Department.
10:07:07
questions surrounding the creation, purpose and use
10:07:08 the Clintonemail.com system then Secretary
10:07:10
State Hillary Clinton, and Huma Abedin, conduct
10:07:13
official government business.
10:07:16
Before begin, could you please state
Specifically
and spell your name, for the record.
Kennedy.
10:07:17
10:07:19
Patrick, P-A-T-R-I-C-K; Francis,
10:07:21
K-E-N-N-E-D-Y.
10:07:25
Thank you.
10:07:27
And before begin, would
like over just few ground rules.
Your
counsel may have already talked you about them.
PLANET DEPOS
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10:07:29
10:07:31
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
But these are ways that hopefully the deposition
10:07:33
will more smoothly.
10:07:35 you dont hear one questions,
Similarly,
10:07:37
please let know, Ill repeat it.
you dont understand question, let know, and
10:07:42
will happy rephrase try make myself
10:07:44
little bit clearer.
10:07:48
Its also important that you respond out
10:07:39
10:07:50
loud opposed shaking your head shaking your
10:07:52
head even making hand gestures, because the court
10:07:56
reporter cannot understand cant record those
10:07:58
sorts things.
10:08:00
Its also important that done asking questions.
sure that counsel done objecting that there
10:08:07
time that the court reporter can record
10:08:12
everything.
10:08:15
With that getting out the way you counsel has any objections, make
10:08:02
understand those instructions?
10:08:04
10:08:17
10:08:19
Yes, sir.
10:08:20
Great.
10:08:20
And now that thats out the
way, when did you first become aware that
PLANET DEPOS
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10:08:24
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Mrs. Clinton was using non-State.gov e-mail
10:08:25
address for State Department business?
10:08:28 believe was probably March
2015.
10:08:30
10:08:39
And how did you learn that?
10:08:39
From newspaper accounts.
10:08:40
And prior the newspaper accounts, did
10:08:42
you know Mrs. Clinton was using e-mail for State
10:08:45
Department purposes?
10:08:50 had received small number e-mails
10:08:56
from Secretary Clinton asking questions over the
10:08:58
course tenure.
10:09:01
And approximately how many e-mails did you
receive from Mrs. Clinton? think there were maybe 30-or-so-odd
exchanges during the course four years.
And how you know that there were
approximately exchanges over the years?
During the course responding various
FOIA requests, these were the ones reviewed.
Did you review them response
specific FOIA request?
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10:09:08
10:09:09
10:09:15
10:09:17
10:09:18
10:09:25
10:09:27
10:09:32
10:09:38
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
FOIA requests.
PST files the records returned Mrs. Clinton?
10:09:46 reviewed them both from files and
from Mrs. Clintons files.
10:09:42
10:09:43
10:09:39
Did you review the records from your own reviewed them response several
Were there any e-mails your files that
were not Mrs. Clintons files?
10:09:49
10:09:52
10:09:54
10:09:57 dont recall.
10:10:05 you recall when when the first
10:10:05
e-mail was that you received from Mrs. Clinton
10:10:07
her non-State.gov e-mail account?
10:10:09
Not specifically, no.
10:10:12
MR. BEKESHA:
10:10:22 going ahead and
mark these Exhibit
10:10:24
(Kennedy Deposition Exhibit marked for
10:10:25
identification and attached the transcript.)
10:10:34
MR. MYERS:
This entire packet Exhibit
10:10:36
MR. BEKESHA:
10:10:34
That whole packet Exhibit
10:10:37
10:10:39 MR. BEKESHA:
10:10:40
PLANET DEPOS
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Mr. Kennedy, you just want review
the first one.
individually.
all Exhibit
each one before ask any questions about it.
Well through each one
10:10:40
10:10:42
But will save time mark them
But Ill give you time review
For clarification, are you asking
10:10:44
10:10:48
10:10:51
10:10:52
read read the entire packet now, read them
10:10:53 seriatim you ask questions?
10:10:56
No.
Thats correct, the latter.
MR. MYERS:
Just the first page.
10:10:59
10:11:00
Just the first page?
10:11:03
Just the first page, yeah.
10:11:04
Have you had opportunity look the
10:11:14
first page?
10:11:15
Yes, sir.
10:11:15
And could you identify what this e-mail
10:11:16
what this record is?
MR. MYERS:
10:11:17
Objection.
Foundation.
10:11:20
You may answer the question.
10:11:21
No, e-mail from James
10:11:25 Steinberg, who was then the Deputy Secretary
10:11:29
State.
10:11:34
PLANET DEPOS
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Okay. was addressed me, but have
Have you seen this e-mail before?
recollection it.
Okay.
10:11:34
10:11:40
10:11:42
And the date the the first
10:11:42
e-mail the page always gets
10:11:45
confusing, the bottom the bottom the second
10:11:49
e-mail the page, the first e-mail the
10:11:52
chain, thats e-mail addressed from
10:11:55
HDR22@Clintonemail.com, several people, including
10:11:58
yourself?
10:12:01
MR. MYERS:
Objection.
The document
Lack personal knowledge, and
10:12:01
speaks for itself.
foundation.
10:12:04
You may answer the question.
10:12:04
Its document from the Secretary
10:12:10
State.
this e-mail?
10:12:13
No, sir.
10:12:14
Okay.
10:12:14
10:12:02
10:12:11
Okay. you you recall receiving you recall December 22nd,
10:12:11
2009, seeing the HDR22@Clintonemail.com e-mail
10:12:21
address?
10:12:25
PLANET DEPOS
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 previously stated, dont recall
this document all.
Okay.
10:12:30
Lets move the next page.
And Ill give you chance review this.
MR. MYERS:
10:12:27
10:12:32
10:12:36
Michael, you want note
10:12:48
the document number something the record, just
10:12:49 the transcript clear?
10:12:51
MR. BEKESHA:
Sure.
The document number C05777404.
10:12:53
10:12:55
Have you had chance opportunity
review the record?
10:13:23
10:13:25
Yes.
10:13:26
Mr. Kennedy, have you seen you
10:13:26
recall receiving this e-mail?
MR. MYERS:
Objection.
10:13:29
Ambiguous.
Which
e-mail are you referring to? you recall receiving the e-mail from
10:13:30
10:13:32
10:13:34
HDR22@Clintonemail.com dated December 4th
10:13:37
13:53:21?
10:13:44
Not specifically, no, sir.
10:13:45
Okay.
10:13:47 you recall have you
reviewed have you seen this e-mail before?
PLANET DEPOS
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10:13:51
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 not recall specifically having seen
it.
10:13:54
10:13:56
Okay. this one the e-mails that you
reviewed response FOIA requests?
10:13:57
10:14:00 not recall specifically.
10:14:02 you recall December December
10:14:05
4th seeing the e-mail address
10:14:10
HDR22@Clintonemail.com?
10:14:14
MR. MYERS:
Objection.
Asked and
answered.
10:14:14
10:14:15
You may answer the question.
10:14:15 stated previously, not
10:14:16
recall specifically this document.
Okay.
Document Number C05779749. you can take moment and review this
document.
Michael, you want him
review the two pages that constitute this exchange?
MR. BEKESHA:
10:14:21
10:14:25
10:14:32
10:14:34
MR. MYERS: can move the next page,
10:14:18
Thats correct.
Great.
Thank you. have read the document.
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10:14:49
10:14:50
10:14:52
10:15:10
10:15:11
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
10:15:13
Turning the second page, you recall
Thank you.
10:15:13
receiving the e-mail dated February 20th 25th,
10:15:16
2011, 8:18 a.m. from HDR22@Clintonemail.com?
10:15:21 recall this subject particularly because
10:15:29 involved evacuation American citizens, and
10:15:31
that subject for which particularly
10:15:35
responsible.
10:15:39
Okay. you recall receiving this
specific e-mail?
10:15:41
this nature. recall this recall exchange
Okay.
10:15:39
10:15:47
10:15:48 you know whose e-mail address
HDR22@Clintonemail.com?
10:15:48
10:15:55 was Secretary State Clinton.
10:15:57
When you received this e-mail recall,
10:15:58
you know, the situation related these e-mails,
10:16:05
did you know that that was Mrs. Clintons e-mail
10:16:07
address that time?
10:16:10
MR. MYERS:
Objection.
Vague.
10:16:11
You may answer the question.
10:16:12 knew was receiving e-mail from
10:16:15
PLANET DEPOS
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Secretary State Clinton.
10:16:19
And how did you know that?
10:16:20
Because the subject matter.
10:16:23
Okay.
When you received the e-mail, did
10:16:26
you look the from line see what the e-mail
10:16:33
address was confirm that this was what you
10:16:37
thought be, e-mail from Mrs. Clinton?
10:16:40
MR. MYERS:
Objection.
Compound, complex,
and confusing.
10:16:44
10:16:45
You may answer the question. did not focus the from line.
10:16:46
10:16:49
focused the subject matter, because this was
10:16:52
ongoing evacuation American citizens from place
10:16:55 grave danger.
10:16:59
Okay.
Looking the first going
10:17:00
the first page, you recall sending receiving
10:17:05
any the first page the document, you recall
10:17:11
sending receiving any these specific e-mail
10:17:14
exchanges?
10:17:17 remember the exchange general terms
10:17:20
because was responsibility organize the
10:17:24
evacuation and the closure the American Embassy
10:17:29
PLANET DEPOS
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 Tripoli.
10:17:32
10:17:32 any time did you think about the e-mail
address which you were receiving sending
10:17:38
e-mails?
10:17:40 the best recollection, no.
10:17:41 can move the next document,
10:17:43
Document Number C05779851.
believe its seven pages long.
review the entire document.
10:18:02
Great.
10:22:18
Its several pages. you could just
Have you had opportunity
review the record?
10:17:51
10:18:00
10:22:20
Yes, sir.
10:22:20 you recall receiving looking the
10:22:21
first page, you recall receiving this e-mail
10:22:25
chain from Ms. Mills February 25th, 2011?
10:22:27
No, sir.
10:22:32 you you recall have you seen
10:22:32
this document before? dont recall having focused this
document.
10:22:35
10:22:37
10:22:39 the line, you know what the
refers to?
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10:22:39
10:22:44
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Subsequently learned that referred
Secretary Clinton.
10:22:46
10:22:48
How did you learn that?
10:22:49
Because because just from just
10:22:52
from seeing documents.
10:22:55 you know why you were ccd this
e-mail?
10:22:58
10:23:03
No, sir.
10:23:03
Okay.
10:23:04 could no, sir.
Lets move the next page.
10:23:07
This
Document C05781046.
10:23:09
10:23:13 you could take moment review this
Lets move
record.
10:23:18
10:23:20 have reviewed it, sir.
10:23:41
Great.
10:23:42
Thank you. you recall
receiving this e-mail?
10:23:43
No, sir.
10:23:45
Okay.
10:23:45
Harold Koh was then the legal advisor for
Who Harold Koh?
the Department State.
Okay.
And that time who was William
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10:23:53
10:23:54
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Burns?
10:23:58
William Burns was one the two Deputy
Secretaries State.
Okay.
And what about, who was what was
Thomas Nides?
Thomas Nides was the other Deputy
Okay.
And that time what was Mr. Jacob
Sullivans position?
Jacob Sullivan was Deputy Chief Staff the Secretary.
Okay.
10:24:02
10:24:03
10:24:06
Secretary State.
10:23:59
10:24:09
10:24:12
10:24:12
10:24:16
10:24:19
10:24:22
And Patrick Kennedy yourself?
10:24:23 that correct?
10:24:25
Yes, sir.
10:24:27
Okay.
10:24:27
And who Stephen Mull that
what was Stephen Mulls position that time? believe was Executive Secretary
the Department State.
And who Michael Hammer?
10:24:30
10:24:34
10:24:41
Okay. believe that Michael Hammer this
10:24:49
moment was the Assistant Secretary State for
10:24:52
Public Affairs.
10:24:54
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Okay.
Victoria Nuland, you recall what
her position was that time?
2011?
10:24:56
10:24:59 believe this time Victoria
10:25:07
Nuland Victoria Nuland was the was the press
10:25:11
spokesman the department.
10:25:16 this period she had she also transitioned,
10:25:20
becoming the Assistant Secretary State for
10:25:24
European Affairs.
10:25:26
when that transition took place from memory.
And cannot say with specificity
Thank you.
her position was that time?
10:25:30
10:25:32
What about Alice Wells; you recall what
Okay.
Although some point
10:25:34
10:25:36 the best recollection, that
10:25:39
moment she was the executive assistant the
10:25:41
Secretary State.
10:25:43
Okay. not recall who she is.
10:25:49
Okay.
Thank you.
10:25:51
What about David Adams?
10:25:54
David Adams was either the Assistant
10:26:01
What about Amy Scanlon?
10:25:45
Secretary State the Deputy Assistant Secretary
10:26:05 State for Legislative Affairs.
10:26:10 some point
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
this general period was nominated and confirmed
10:26:12
for the for the latter position.
10:26:17
Okay.
What about Bathsheba Crocker;
you know who she she was that time?
10:26:27 recollection was this period time
10:26:30
she would have been the principal deputy director
10:26:35
the policy planning staff.
10:26:44
10:26:23
Okay.
And discussed moment
ago, refers Mrs. Clinton?
10:26:50 can only assume from this piece paper.
10:26:45
10:26:54
10:26:57
Okay.
And who Cheryl Mills the time
was the Secretary States chief staff?
10:26:57
10:27:00
And counselor, yes.
10:27:04
Thank you.
10:27:05
McLeod was?
10:27:07
10:27:09
And you know who Mary
Mary McLeod this point would have been deputy legal advisor.
Okay.
10:27:12 fair say that many
10:27:14
these names were senior State Department
10:27:18
officials that time?
10:27:21
MR. MYERS:
Objection.
Vague.
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10:27:24
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
You may answer the question.
10:27:27
These these were all people who
10:27:30
occupied positions, except for Ms. Scanlon, who,
10:27:33 previously stated, not recognize the name,
10:27:42
were occupied positions the front offices
10:27:45
various entities the State Department.
10:27:49
Thank you.
10:27:52 can move the next document.
Okay.
C05784424.
Its two-page document. you could
review both pages, please.
10:27:54
10:28:00
10:28:04
Have you had opportunity review?
10:28:47
10:28:48
Yes, sir.
Thank you. you recall receiving
10:28:48
sending any the e-mails thats part this
10:28:51
two-page e-mail chain?
10:28:55
MR. MYERS:
Objection.
Compound.
10:28:57
You may answer the question.
10:28:59 not specifically remember this
10:29:02
subject, no.
Okay. believe was likely one the ones
10:29:05
Have you seen this record before?
that reviewed.
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10:29:19
10:29:20
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 you know when you reviewed it?
10:29:23
Not specifically, no.
10:29:28
Okay.
10:29:29 can move the next
document, which Document Number C05784434.
Its
10:29:33 two-page document. you could take moment
10:29:40
review the document, Mr. Kennedy.
10:29:42 have reviewed the document, sir.
10:30:44
Great.
10:30:45 you recall sending this e-mail dated
Thank you.
December 12th, 2011, Mrs. Clinton?
Clearly sent it, but dont
specifically recall sending it.
Okay. you recall how you you
10:30:46
10:30:49
10:30:55
10:30:57
10:30:58
know how you would have known Mrs. Clintons e-mail
10:31:02
address send this e-mail?
10:31:04 recollection that this was part
10:31:12
larger chain documents, including the one that
10:31:15
you showed last; Document Number
10:31:22
Charlie, 05784424, which the Secretary State
10:31:30
made request me.
10:31:37
subsequently showed me, Charlie, 05784434,
10:31:41 part larger exchange, sir.
10:31:47
And this document that youve
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 its your belief that you simply
10:31:51
hit Reply, and the e-mail address was provided
10:31:54
you?
10:31:59
MR. MYERS:
Okay.
Objection.
Mischaracterizes
prior testimony.
10:31:59
10:32:01
You may answer the question.
10:32:02 very often, when have provide
10:32:04
additional information, can hit Reply All,
10:32:11
but cannot remember the specific circumstances
10:32:13
how did that, but since the the time change
10:32:17
between these documents one hour and minutes.
10:32:20 can move the
10:32:32
next document, which Document Number C05784436.
10:32:35 you could seven pages long.
10:32:46
could take moment and review that document,
10:32:51
please.
10:32:54
Okay.
Thank you. you have reviewed the document, sir.
10:35:48
Thank you.
10:35:49 you recall sending this specific e-mail
10:35:50 Mrs. Clinton December 2011? not recall specifically sending this
e-mail, but this one series documents
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10:35:53
10:35:57
10:36:00
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
that have been discussing the last few minutes
10:36:05 this deposition, sir.
10:36:08
Okay.
Thank you.
Lets move ahead.
10:36:09
Were going skip the
10:36:13
next document, move ahead the Document Number
10:36:17
C05784471.
10:36:21
Its e-mail from David Adams.
Sir, not skipping document.
10:36:31
going directly from the last document talked
10:36:35
about, believe, the
10:36:38
There may two-page document
between.
10:36:45
Ah.
But yes, youre correct.
Hold on.
10:36:46
10:36:47 stuck was stuck the other one.
Not problem. long were the
both the same document, its fine.
10:36:43 you could repeat the document number
again, please, sir.
C05784471.
10:36:48
10:36:51
10:36:52
10:36:54
10:36:56
10:36:58
Sure.
Yes, sir.
10:37:02 you could take moment and review this
10:37:02
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10:36:58
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
record, please.
10:37:06
Yes, sir. have reviewed the document.
10:37:28
Thank you. you recall looking
10:37:30
the middle the page, you recall receiving the
10:37:31
e-mail from Mrs. Clinton December 12th, 2011?
10:37:33 dont recall this document all, sir.
10:37:38
Okay.
10:37:42 dont recall seeing this document.
10:37:43
Okay.
10:37:46
Have you seen this document before?
Thank you. can move the
next document.
take moment and review this record. you could have reviewed have reviewed the
document, sir.
10:37:48
10:37:58
10:38:38
10:38:39
Thank you.
10:38:40 you recall sending this e-mail
Document C05785885.
10:38:41
December 18, 2011?
10:38:42
No, sir, not specifically.
10:38:44
Okay.
10:38:46
Was your normal practice
when hitting Reply, review the recipients the
10:38:51
e-mail?
10:38:55
MR. MYERS:
Objection.
Vague.
You may answer the question.
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10:38:59
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
No, sir. had received
10:39:01
document and was providing general reply,
10:39:04
would just use the Reply All function Microsoft
10:39:06
and not and not review the the addees.
10:39:11
Okay.
Thank you. can skip the next
page and move Document C05789920. three-page document.
And thats review the three pages. you could take moment
10:39:15
10:39:25
10:39:31
10:39:39 have reviewed the document, sir.
10:40:17 you recall this e-mail exchange?
10:40:18 generally recall this e-mail exchange
10:40:21
because involved the death American citizen
10:40:23 Syria.
10:40:25 you recall sending the e-mail
10:40:27
February 22nd, 2012, 9:37 p.m., the first e-mail,
10:40:32
the top e-mail the first page?
10:40:38
Okay. generally remember closing out the
10:40:44
subject matter because had been contacted about
10:40:47
the the Secretary Clinton and related
10:40:53
inquiry that she had received from United States
10:41:01
Senator about the death American citizen.
10:41:05
Okay.
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10:41:07
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
And was asked assist the American
10:41:08
assist the United States Senator, which did.
And
10:41:09
then simply advised the Secretary State that
10:41:12
had done so.
10:41:15
Okay.
Thank you.
10:41:16 you recall sending this e-mail?
10:41:20 you know what the
10:41:25
says the e-mail went
e-mail address associated with is?
MR. MYERS:
e-mail youre talking about?
MR. BEKESHA:
The same one were just
the first the top e-mail the first page.
MR. MYERS:
Can you just clarify which
Thanks. was responding Secretary Clinton
10:41:27
10:41:30
10:41:31
10:41:33
10:41:35
10:41:37
10:41:39
because that she was the chain this e-mail
10:41:43
string.
10:41:46
Okay.
How did how did you decide
e-mail what listed H2? was using the string from the Secretary
10:41:47
10:41:50
10:41:56 States e-mail Wednesday, February 22nd,
10:42:01
2012, 8:38 p.m., which the same document.
10:42:07
Okay. but this wasnt direct
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
reply that e-mail; was it? simply brought forward the the one
the original string that was involved in.
10:42:17
10:42:21
10:42:26
What you mean that?
10:42:29 you the document, you
10:42:30
the document the middle Document
10:42:35
Charlie 05789920, the e-mail from the Secretary
10:42:40
State 8:38 p.m., was copying and H2, and
10:42:46
Cheryl Mills.
10:42:54
Okay. you went back either your
10:42:57
BlackBerry your computer the 8:38 p.m. e-mail
10:42:59
and copied the e-mail address and pasted them in?
10:43:04 have specific recollection how
did it.
But when you this something that
happens very often.
that poses question.
There will e-mail must gather information from the experts
10:43:09
10:43:11
10:43:15
10:43:20
10:43:23
and specialists the State Department that,
10:43:26
potentially engage with others, and then respond.
10:43:30
And the entire string one document, and
10:43:36 easy move things around that document.
10:43:39
Okay.
And fair say that that
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10:43:41
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
time you knew you were aware Mrs. Clintons
10:43:49
HDR22@Clintonemail.com e-mail account?
10:43:54 knew was responding the Secretary State.
10:44:00
10:44:03
account is?
10:44:08 the best recollection, no.
10:44:16
Okay.
10:44:18
Okay. you know what the e-mail
Have you ever you recall
seeing the HR15@ATT.Blackberry.net?
Have you seen
that e-mail address before? have recollection specifically
that, sir.
10:44:03
10:44:22
10:44:29
10:44:33
10:44:35
Okay.
What about
10:44:35
HAbedin@HillaryClinton.com; you recall that
10:44:42
e-mail address?
10:44:44 not have any recollection
specifically that e-mail address.
10:44:49
Mrs. Clinton and Ms. Abedin, did you think about the
10:44:53
fact that the e-mails were not State.gov e-mail
10:44:58
accounts?
10:45:03
Okay.
10:44:46
When you were sending the e-mail
10:44:45
No, sir.
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Why not? didnt find relevant.
10:45:04 was
10:45:07
responding the Secretary State the
10:45:09
the evening, and she was not the office.
10:45:13
Did you think this was personal e-mail?
10:45:18 dont recall that analyzed the the
10:45:21
nature the e-mail address.
10:45:24 Secretary State 9-to-5 job?
10:45:25
No, sir.
10:45:31
MR. MYERS:
Argumentative.
10:45:31
You may answer the question.
10:45:34
Its its 24-hour-a-day job.
10:45:36 why did matter that was night?
10:45:38
Because she was not the office that
10:45:41
point.
10:45:43 State Department employees have access
10:45:43 their State Department e-mail accounts when they
10:45:48
are not the office?
10:45:50
Some do; some not.
10:45:54
Did the Secretary would the Secretary
10:45:55 State have access e-mail when she was not
10:45:58
the office?
10:46:00
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
The Secretary State had
10:46:05
normally would contact the Secretary State
10:46:09
through through staff.
10:46:12
But you did e-mail her occasions.
10:46:16 the best recollection, only
10:46:19
response direct inquiries that she sent me.
10:46:23
Okay.
When you sent this e-mail
10:46:27
Mrs. Clintons non-State.gov e-mail account and
10:46:33
Ms. Abedins non-State.gov e-mail account, did you
10:46:37
think about how these records would
10:46:42
records-managed?
10:46:45
No.
10:46:48
Why not?
10:46:48 was thinking about the subject matter
10:46:49
involved.
Okay. you could take moment review that
record.
10:46:56
10:47:18
10:47:28
10:47:30
MR. MYERS: can skip the next document and
move Document Number C05790452.
10:46:52
And this two-page
document?
10:47:32
10:47:34
MR. BEKESHA: is.
Thank you.
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10:47:35
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
MR. MYERS:
Yeah.
10:47:36 have reviewed the document, sir.
10:48:38
Thank you.
10:48:39 you recall, looking the top e-mail
10:48:40 the first page, you recall sending this e-mail
10:48:44 May 30th, 2012?
10:48:46
No, sir, not.
10:48:48
Okay.
10:48:49
And again, the refers
Mrs. Clinton?
Secretary.
10:48:56
Yes, sir. addressing her Madam
10:49:00
10:49:03
Okay. the time did you think about the
10:49:03
fact that she was send that you were sending
10:49:06
e-mail non-State.gov e-mail account?
10:49:09
No.
10:49:12
MR. MYERS:
Objection.
Foundation.
10:49:12
You may answer the question.
10:49:13
No, sir, not.
10:49:15
Okay.
10:49:16
And just clear, this e-mail 11:03 a.m. that correct?
MR. MYERS:
speaks for itself.
Objection.
10:49:18
The document
The witness has testified
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10:49:23
10:49:24
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
doesnt remember it.
10:49:26
You may answer the question.
10:49:27 responding something that
10:49:30
thats that that started the night before,
10:49:33
sir.
10:49:36
But the but the e-mail you sent
was during normal business hours.
10:49:36 that correct?
10:49:43
The text reads was sent 11:03 a.m.,
Okay.
10:49:47
sir.
10:49:50
Thank you. can move can skip document and
10:49:50
10:50:00
move Document C05795555.
Its one-page
document.
10:50:03
10:50:09 reviewed the document, sir.
10:50:34
Thank you.
10:50:35 you looking the middle the
10:50:37
page, you recall you remember sending this
10:50:38
e-mail Mrs. Clinton Friday, July 27, 2012?
10:50:42
No, sir, dont recall specifically.
10:50:48
Okay.
10:50:50
this e-mail? you recall generally sending
No, sir.
10:50:51 dont recall this e-mail
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10:50:53
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
all.
10:50:55
Okay.
Have you seen this e-mail before?
10:50:55 authored it, but dont recall seeing
10:50:59
this document recently.
Okay.
10:51:02
Thank you.
10:51:03
Why dont skip few documents and Document C05798066.
and the second-to-last document the stack.
Its two-page document,
10:51:19
10:51:21
10:51:28
Could you repeat the number again, please,
sir.
10:51:32
10:51:34
Sure.
Thank you, sir.
10:51:39 you could take moment and review the
10:51:43
C05798066.
10:51:34
record.
10:51:45
Ive reviewed the document, sir.
10:52:28
Great.
10:52:29 you you recall sending this
Thank you.
e-mail?
10:52:30
10:52:34
No, sir.
10:52:34
Okay.
10:52:34 all? you you recall this e-mail
Have you seen this e-mail before?
MR. MYERS:
Objection.
Compound.
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10:52:40
And the
10:52:43
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
first half has been asked and answered.
10:52:44
You may answer the question.
10:52:46 was the author the document, sir, but
10:52:48 not recall seeing this document recently. you recall why you sent this e-mail
Mrs. Clintons non-State.gov e-mail account?
10:52:50
10:52:52
10:52:56
No, sir, not.
10:53:00
Okay.
10:53:01
Lets move the last page
this stack documents, Document Number C05798158.
10:53:06 you would take moment review this record.
10:53:14 have reviewed the document, sir.
10:53:30 you recall this e-mail exchange?
10:53:32
No, sir, not.
10:53:34
Okay. you recall sending the e-mail
10:53:35
the middle the page, dated guess theyre all
10:53:39
dated the same, but the time 7:14 p.m.?
10:53:43
MR. MYERS:
Objection.
Asked and
answered.
10:53:46
10:53:47
You may answer the question.
10:53:48
No, sir, not.
10:53:49
Okay.
10:53:50
And just confirm, you
remember sending the e-mail, the first e-mail the
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10:53:53
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
page?
10:53:57
MR. MYERS:
Objection.
Asked and
answered.
10:53:57
10:53:58
You can answer the question.
10:53:59
No, sir, not.
10:54:01 you know why you sent this e-mail
10:54:02
Mrs. Clintons non-State.gov e-mail account?
e-mail, sir.
10:54:13
10:54:13 was simply replying the incoming
10:54:06 you you know you noticed her
e-mail address when you received these e-mails?
This, sir, was three-and-a-half years ago,
and have specific recollection. you know when Mrs. Clinton left the
State Department?
10:54:17
10:54:24
10:54:27
10:54:29
10:54:32
She left the State Department January 2013.
10:54:10
10:54:36
10:54:38
Okay. January 27, 2013, did you know
10:54:40
that Mrs. Clinton was going leaving the State
10:54:44
Department shortly thereafter?
10:54:47
MR. MYERS:
Objection.
Beyond the scope authorized discovery.
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10:54:50
10:54:51
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
You may answer the question.
10:54:52
Yes.
10:54:57
The knew that knew
contemporaneously that that President the
10:55:00
President re-elect Obama, President Elect Obama, had
10:55:03
nominated John Kerry the next Secretary
10:55:07
State.
10:55:11
Okay.
When you received this e-mail
10:55:11
sent these e-mails, you recall thinking how these
10:55:13
records would records-managed because
10:55:17
Mrs. Clinton was leaving office the near future?
10:55:20
MR. MYERS:
Beyond the scope authorized discovery.
10:55:23
10:55:26
You may answer the question.
10:55:26
MR. MYERS:
Objection.
10:55:27
You may. have have recollection
thinking that.
Okay.
10:55:29
10:55:30
Thank you.
Earlier today you testified that you were
10:55:30
10:55:33
not aware Mrs. Clinton using non-State.gov
10:55:36
e-mail account for State Department business until
10:55:40
you saw The New York Times.
10:55:43 these documents help refresh your
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10:55:46
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
recollection, would you like change your
10:55:48
answer now that youve seen these documents?
10:55:50
Your question was when
10:55:54
realized that that Mrs. Clinton used
10:55:56
interpreted your question being when Mrs. Clinton
10:55:59
used State Department e-mail for significant
10:56:01
amount business.
10:56:04
No, sir.
Okay. when prior The New York
10:56:05
Times article, were you aware that Mrs. Clinton used
10:56:12 non-State Department e-mail account for least
10:56:16
one e-mail?
10:56:20
Yes.
10:56:24
Okay. you recall when you first
10:56:25
learned that she was using State Department
10:56:28 non-State Department e-mail address for least
10:56:32
one e-mail?
10:56:35
10:56:36
When got e-mail from her, sir,
which whichever the first one would have been.
10:56:38 you recall what the first one was?
10:56:40
No, sir, not.
10:56:42
Okay.
10:56:43 that time when you received that
first e-mail, did you think about the fact that
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10:56:48
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Mrs. Clinton was using non-State.gov e-mail
10:56:52
account?
10:56:55 did not did not register
did not strike any bells mind, no.
10:56:56
10:57:00
Why didnt strike any bells?
10:57:02
Because did not.
10:57:05
Okay.
10:57:06 you use State Department
e-mail address conduct official government
10:57:13
business?
10:57:15
MR. MYERS:
Objection.
Beyond the scope authorized discovery.
10:57:16
10:57:17
10:57:19
MR. MYERS:
You may answer the question.
10:57:21 ahead. use State Department.
10:57:22 you use personal e-mail account
10:57:25
non-State Department e-mail account communicate
10:57:27
for State Department business?
10:57:31
MR. MYERS:
Objection.
Beyond the scope authorized discovery.
And, Michael, going instruct the
10:57:32
10:57:33
10:57:35
witness not answer you cant explain how this
10:57:37
relates the topic that were here for.
10:57:39
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
MR. BEKESHA:
10:57:41
When you received e-mails from
10:57:45
Mrs. Clinton, did you think was unusual for the
10:57:46
Secretary State not using State
10:57:48
Department e-mail address?
10:57:50
Sure.
No, did not.
Because previous
10:57:58
Secretaries State had not used e-mail addresses
10:58:00 all.
10:58:02
Okay.
But Mrs. Clinton was using
e-mail address; wasnt she?
10:58:08 the best knowledge and
experience, was very, very limited nature.
10:58:03
Did you ever ask Mrs. Clinton she was
10:58:16
10:58:17
10:58:21
using non-State Department e-mail address
10:58:23
for State Department reasons?
10:58:25
MR. MYERS:
Objection.
Vague.
10:58:28
You may answer the question.
10:58:29
No, sir.
10:58:32
Did you ever ask Mrs. Clinton she was
10:58:33
going she was using e-mail Secretary
10:58:37
State?
10:58:41
No, sir, did not.
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10:58:45
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Did you speak with anyone about whether
10:58:46
not Mrs. Clinton was e-mailing for State Department
10:58:48
business?
10:58:51 the best recollection, no.
10:58:54
Why not?
10:58:56
Its not its not something that ever
10:58:59
focused on.
10:59:01
10:59:04
Was somebody else charge somebody
else supposed focus that issue?
10:59:06 think this two-part answer.
One, have knew that the
10:59:12
10:59:14
Secretary State was receiving regular
10:59:18
communications through all the State Department
10:59:21
channels.
10:59:24
the provision records telecommunication
10:59:30
support the Secretary State.
10:59:36 office within the Executive Secretariat.
That handled
10:59:39 was not purview.
And secondly, not responsible for
10:59:41
Okay.
10:59:44
And who would have that individual those individuals have been?
That would would have been there there office within the Executive
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10:59:49
10:59:50
10:59:52
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Secretariat, and cannot recall all the individuals
10:59:55
who might have been working that office over the
10:59:58
period four years.
11:00:00
Okay.
And your testimony that
strike that.
11:00:10 any point during Mrs. Clintons four
11:00:01
11:00:14
years when you would receive the occasional e-mail
11:00:16
from her, did you think about how those e-mails
11:00:19
would records-managed?
11:00:23
No, sir. was focused responding the query that had received.
11:00:27
11:00:30
When you received those e-mails prior
11:00:32 receiving those e-mails, did you talk anybody
11:00:37
about Mrs. Clintons e-mail address?
11:00:39
MR. MYERS:
Objection.
Vague.
11:00:45
You can answer the question.
11:00:47 dont recall ever having talked
11:00:49
anyone about Secretary Clintons e-mail address.
11:00:50
Because responded, sir, previous question,
11:00:53 was not responsibility provide that level
11:00:57 telecommunications other electronic messages
11:01:00 the Secretary.
11:01:05
That was handled
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
office that was responsible for that function.
Okay.
How you know that former
11:01:08
11:01:09
Secretaries State did not use State Department
11:01:12
did not use e-mail?
11:01:15 has been has been never had
11:01:19
received e-mail from any the Secretaries
11:01:21
State that had ever worked for.
11:01:24
And how many Secretaries Secretaries
State had you worked for prior Mrs. Clinton? believe could
11:01:26
11:01:29
11:01:34
appropriate say that had worked directly for
11:01:38
six Secretaries State total.
11:01:41
Okay.
e-mail from Mrs. Clinton, that was unusual, then?
MR. MYERS:
And when you first received
Objection.
Mischaracterizes
prior testimony.
11:01:43
11:01:46
11:01:50
11:01:51
Unusual not the word just
said.
happened before, but would not characterize
11:02:00
unusual.
11:02:02 was was something that had not
11:01:55
Okay.
Because had not happened before,
did you think about any any differently from
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
any other e-mails you would receive?
MR. MYERS:
confusing.
Objection.
11:02:09
Vague, complex,
11:02:12 really dont know what the question
11:02:13
is.
11:02:16
You can answer the question.
11:02:16 not sure that understand your
11:02:18
question.
Could you please restate.
Sure.
11:02:20 mean, youve testified that you
11:02:22
had never received e-mail from six prior
11:02:25
Secretaries State.
11:02:27
you received e-mail from the Secretary State,
11:02:31
did you think about it?
11:02:35 just wondering, when
Well, first you had asked how many
Secretaries State worked for.
six.
State.
Okay.
11:02:44
Secretary Clinton would have been five.
11:02:45
Okay.
11:02:47
And Secretary Kerry would have been Number
11:02:47
The answer
11:02:37 would have been four prior Secretaries
11:02:39
11:02:41
11:02:44
11:02:51
Okay. misunderstood you.
Thank you.
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 there were four prior Secretaries that
11:02:53
you had never received e-mail from, and then
11:02:55
Mrs. Clinton started e-mailed you occasion.
11:02:58
Did you think about that all?
11:03:03
11:03:05
No, sir.
Because they were infrequent.
When you were communicating with the
11:03:08
Office the Secretary, who would you primarily
11:03:14
communicate with?
11:03:16
MR. MYERS:
Objection.
Vague.
And its
not time limited, its hard for him answer.
During during the four years
11:03:17
11:03:18
11:03:21
Mrs. Clinton was Secretary State, who was your
11:03:22
primary e-mail contact within the Office the
11:03:25
Secretary?
11:03:27
MR. MYERS:
Objection.
Assumes facts not
11:03:28 evidence.
11:03:30
You can answer the question.
11:03:31 guess primary contact would have been
11:03:35
the chief staff.
11:03:37
And that was Ms. Mills?
11:03:38
Ms. Mills, yes, sir.
11:03:40
Okay.
11:03:41
Did you contact Ms. Mills
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
State Department e-mail account?
11:03:43
Yes, sir, did.
11:03:46
Why did you not contact her
11:03:46
non-State.gov e-mail account?
11:03:49
Because thats how she addressed me.
11:03:54
When Mrs. Clinton Mrs. Clinton was
11:03:56
transitioning into her role Secretary State,
11:04:09 late 2008, early 2009, you know she
11:04:12
requested e-mail address?
11:04:16
No, sir, not.
11:04:20
Okay.
11:04:21
BlackBerry?
11:04:24
11:04:29 you know she requested recollection, there was discussion
with the Secretary about her desiring able
11:04:31
communicate with her family.
11:04:34
Okay. using BlackBerry? com having capability
11:04:42
communicate with her family. the exact specific nature the device
11:04:49
used.
11:04:53
Okay. was unaware
11:04:38
Then just talk generally what you
recall about what was going that time period.
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
MR. MYERS:
Objection.
Calls for
narrative response.
11:04:59
11:05:00
You can answer the question.
11:05:03
Generally speaking, the Secretary wanted
11:05:04 able contact her family.
And that was
subject that was being handled the Executive
11:05:10
Secretariat.
11:05:14
not not specifically. was just aware generally, but
11:05:06
11:05:17
How were you aware it?
11:05:18 think someone mentioned me.
11:05:21
But, again, this youre asking question
11:05:26
about something that was almost eight years ago,
11:05:28
sir. not recall any specifics.
11:05:33 you recall who you spoke to?
11:05:36
No, sir, not.
11:05:40 you know how this issue was resolved,
11:05:41 was resolved? know that know that was
11:05:44
11:05:50
resolved that the Secretary State had means
11:05:52
communicating with her family.
11:05:56
How you know that?
11:05:58
Because remember, again, someone telling
11:06:00
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 that eight years six seven and half,
11:06:02
eight years ago.
11:06:07 you recall any discussions took
11:06:08
place about her wanting communicate e-mail
11:06:09
with State Department employees?
11:06:13
that nature.
11:06:18
11:06:18
No, sir. recall conversations the only conversation you had were
about her desire e-mail with family and friends?
That the those are the conversations recall.
11:06:16
11:06:22
11:06:25
11:06:27
Okay. when you received that first
11:06:28
e-mail from Mrs. Clinton about State Department
11:06:32
business, were you surprised?
11:06:35
MR. MYERS:
Asked and
answered. respond
responded previously.
11:06:39
11:06:40
No, sir, was not.
11:06:41
11:06:45
Why werent you surprised?
11:06:46
MR. MYERS:
Objection.
11:06:48
Objection.
Asked and
answered.
11:06:48
You can answer the question.
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Because wasnt. didnt find
unusual.
11:06:50
11:06:52
Okay.
11:06:53
MR. MYERS:
Michael, weve been going
11:06:56
little over hour. you want take break
11:06:58
pretty soon?
MR. BEKESHA:
Thats fine. can take
break now.
MR. MYERS:
11:07:02
11:07:04
Okay.
VIDEO SPECIALIST:
11:07:01
11:07:04 are off the record 11:07.
11:07:05
11:07:06 recess was taken.)
11:07:08
VIDEO SPECIALIST:
11:21:44 are back the
record 11:21.
11:21:46 MR. BEKESHA:
11:21:52
11:21:52 understanding
Were back the record, Mr. Kennedy.
11:21:54
Yes.
11:21:55 you wanted clarify previous
11:21:55
statement?
11:21:58
Yes.
11:21:58 response one your earlier
11:21:59
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
questions about when what was when did first
11:22:01
learn about e-mails, think need understood
11:22:03
you say one thing, but think there thinking
11:22:07
about it, theres actually broader three-part
11:22:10
answer.
11:22:13
Okay.
Could you provide that three-part
answer?
11:22:14
11:22:16
When did first learn that that she
11:22:16
used e-mail, which when which, said,
11:22:21
when received when received e-mail from
11:22:24
her.
11:22:26
Okay.
11:22:27
When did learn that there was large
11:22:28
quantity material that might include e-mails?
11:22:31
And that was when received the 55,000 pages
11:22:36
material from Secretary Clintons representative
11:22:39
response letter them.
11:22:44
And then when learned that
11:22:47
there was large amount e-mail material, and
11:22:51
that was the was that March 15,
11:22:55
when the when the story was The New York
11:23:00
Times.
11:23:04
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Okay.
And why did you send that letter
11:23:04
that led Mrs. Clintons return the 55,000
11:23:06
roughly 55,000 pages e-mails?
11:23:10 the advice the State Departments
legal office.
11:23:13
11:23:16
Okay.
11:23:16
And the letter went several recent
11:23:18
Secretaries State.
Okay.
While Mrs. Clinton was Secretary
State, did you ever see her use BlackBerry? believe there were several occasions
11:23:21
11:23:23
11:23:28
11:23:33
when saw her with some kind PDA, some kind
11:23:35
BlackBerry-like equivalent device her hand.
11:23:40
Did you know what how often, roughly,
would that have been? saw her occasionally outside her
11:23:44
11:23:47
11:23:50
office with one, and when say occasionally,
11:23:55
cant you know, handful times literally over
11:23:58
four years.
11:24:02
case picture the front page several
11:24:06
major newspapers her aircraft with
11:24:08
with PDA her hand.
11:24:12
And then remember there was one
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 you recall the time frame the time
period for when you saw that photo?
11:24:13
11:24:16
No, sir, not.
11:24:20
Okay.
11:24:20
When you saw that photo, did did
you know why she was using the PDA the picture?
MR. MYERS:
Objection.
Foundation.
11:24:27
11:24:31
You may answer the question.
11:24:34 recollection, sir, was that there had
11:24:37
been discussions earlier on, may have
11:24:40
may have noted earlier, that the Secretary wished
11:24:43
remain contact with her family, and, therefore,
11:24:47
she was looking for means being able
11:24:50
that.
11:24:54
When you saw Mrs. Clinton the hallway
11:24:57
outside her office, did you think she was
11:24:59
e-mailing family and friends?
11:25:02
Yes.
Okay.
11:25:04
And that what you thought about
when you saw the picture? not sure that thought anything when saw the picture.
After seeing the picture, did you talk
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11:25:11
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
anybody the State Department about it?
11:25:19
No, sir.
11:25:21
When you saw Mrs. Clinton the hallway,
11:25:21
did you ever talk anybody the State Department
11:25:25
about Mrs. Clintons use PDA outside her
11:25:28
office?
11:25:31
No, sir.
11:25:32
Okay.
11:25:32
When did you become aware you
know Ms. Abedin used non-State.gov e-mail
11:25:38
account conduct government business?
11:25:42
You showed document the earlier
11:25:51
session which there was Huma Abedin
11:25:57
something-something dot com address.
11:26:03
Okay.
11:26:05 that that refreshed memory.
11:26:06 have recollection
11:26:08
communicating with Huma dot com address.
Okay. you know Mrs. Clinton was
11:26:13
11:26:16
authorized use non-State.gov e-mail address for
11:26:25
government business?
11:26:28
No, sir, not.
11:26:32 she were receive authorization, who
11:26:33
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
would know that?
11:26:37
MR. MYERS:
Objection.
Foundation.
11:26:37
You may answer the question.
11:26:39 would have come either from the chief
11:26:40
information officer from the Bureau Diplomatic
11:26:44
Security.
11:26:50
them.
Most likely combination the two
11:26:52
Okay.
Was Mrs. Clintons use
11:26:53
non-State Department e-mail address, did conflict
11:26:57
with any State Department policies, practices,
11:27:00
procedures?
11:27:02
MR. MYERS:
Objection the extent that calls for legal conclusion. not not lawyer, sir.
11:27:04
You may answer the question.
11:27:03
11:27:06
11:27:08
would have consult with with with the
11:27:10
appropriate officials and the legal advisors
11:27:13
office, the Bureau Diplomatic Security, the
11:27:17
Bureau Administration, and the office and the
11:27:20
chief information officers give you formal
11:27:23
response
11:27:27
11:27:28 you
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 Undersecretary for Management.
11:27:28
Thank you.
11:27:30 all those offices report you?
11:27:31
No, sir, they not.
11:27:33
Which ones report you?
11:27:34
The Bureau Administration, the Bureau
11:27:36 Information Resources Management, the CIO, and
11:27:41
the Bureau Diplomatic Security.
11:27:42
Okay. forgot what the other office was
that you mentioned.
11:27:44
11:27:47
The Office the Legal Advisor, sir.
11:27:49
Thank you.
11:27:51
Who does the Office the
Legal Advisor report to?
11:27:53
Reports the Secretary State.
11:27:55
Okay.
11:27:56
State?
Yes, sir.
11:27:59
Okay.
11:27:59 you report the Secretary
11:27:58
Were you ever specifically
instructed not inform the national archives about
11:28:04
Mrs. Clintons use non-State Department e-mail
11:28:09
address?
11:28:13
No, sir.
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Okay. you know Mrs. Clinton any
11:28:15
point was told not use non-State.gov e-mail
11:28:20
account for government business?
11:28:25 have knowledge that, sir.
11:28:28 who would responsible for
11:28:29
informing Mrs. Clinton that she should not use
11:28:34
non-State.gov e-mail account for government
11:28:37
business?
11:28:40
MR. MYERS:
Objection.
Foundation.
11:28:40
You may answer the question.
11:28:42 would have been the the records and
11:28:44
technology section the office that supported the
11:28:49
Office the Secretary.
11:28:53
And you know who was charge that
office
11:28:57
MR. MYERS:
Objection.
11:28:58
State? while Mrs. Clinton was Secretary
11:28:58
11:29:00
MR. MYERS:
11:28:54
Objection.
Asked and
answered.
11:29:00
11:29:01
You may answer the question.
11:29:03
There were there were several
11:29:04
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
individuals the Executive Secretariat, which
11:29:05
the office that provides that support the
11:29:08
Secretarys immediate office.
11:29:13
Okay. you know specifically job
11:29:14
title who would responsible for informing the
11:29:16
Secretary that she should not use non-State.gov
11:29:21
e-mail account conduct government business?
11:29:25 not sure that that can identify
specific individual person. would have been the
11:29:33
11:29:37
collective responsibility the Executive
11:29:42
Secretariat, which provides that administrative-type
11:29:46
support.
11:29:49
And approximately how many
11:29:49
employees are within the Executive Secretariat?
MR. MYERS:
Okay.
Objection.
Foundation.
11:29:51
And
outside the scope.
11:29:54
11:29:57
You may answer the question.
11:29:58
Well, there are going that
11:30:00
portion, which the technology portion, would
11:30:04
say there plus supervisors, can only guess
11:30:07
several dozen.
11:30:13
Okay.
And would have been the
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
responsibility those several dozen employees
No.
No, sir, not would have been
11:30:16
11:30:19
responsibility the supervisors those the
11:30:22
unit that does and records support.
11:30:26
Okay. you know who that supervisor was
during Mrs. Clintons tenure? not sure that could give you the
11:30:32
11:30:37
specific name.
office that within within area
11:30:42
responsibility.
11:30:45
Because, again, that not
11:30:28 you know that person was John
Bentel?
11:30:40
11:30:45
11:30:48 know that John Bentel was one
11:30:50 the office directors within the Executive
11:30:55
Secretariat, yes.
11:30:58
period tenure.
Okay.
But not remember his exact
11:31:02 you know anybody informed
11:31:03
Ms. Abedin that she should not use non-State.gov
11:31:07
e-mail account conduct government business?
11:31:12 cant answer that question because its
not within knowledge.
Okay. Undersecretary for manage for
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Management, what your role when comes FOIA?
The Bureau Information the Bureau
11:31:29
Administration, one its divisions, under Deputy
11:31:35
Assistant Secretary, responsible for the
11:31:39
processing FOIA requests centrally for the
11:31:42
department.
11:31:46
Okay.
No, sir.
11:31:25
And that person reports you?
That person reports Deputy
11:31:47
11:31:49
Assistant Secretary, who reports Assistant
11:31:53
Secretary, who reports me.
11:31:54
Okay.
Youre also the correct
11:31:55
that youre the senior agency official for records
11:32:01
management?
11:32:04
Yes, sir.
11:32:05
What does that mean?
11:32:05
The there requirement that there
11:32:08
simply senior officer the department who
11:32:10 carries that title.
11:32:16
responsibilities rest with with various staff
11:32:19
within the Office Information Program Services,
11:32:22
which part one the Deputy Assistant
11:32:26
Secretariats within the Bureau Administration.
11:32:30
But the actual working
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Okay.
And how often you speak with
that person?
11:32:34
Infrequently.
11:32:37
Okay.
11:32:38
During Mrs. Clintons tenure, did
11:32:32
you speak anyone about FOIA requests about
11:32:43
Mrs. Clintons e-mail FOIA requests for e-mails
11:32:47 Mrs. Clinton?
11:32:50
State, no.
During her time Secretary
11:32:56
Okay.
What about after her tenure
Secretary State?
11:32:54
11:32:56
11:32:59
When when the when the there
11:33:01
began the large discussion, especially about
11:33:05
the 55,000 documents, was was briefed that
11:33:08
there were these the point which the
11:33:14
documents had been input inputted into the
11:33:17
into our system records review, yes, was
11:33:23
told about the process and provided that entity with
11:33:27
additional resources order the work.
11:33:31
All right.
Did you have any discussions
11:33:35
with any individuals after Mrs. Clintons tenure
11:33:36
about FOIA requests that were received during her
11:33:40
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
tenure that related her e-mails?
Sure.
Sorry.
Can you just rephrase
the entire question with the date restriction?
MR. BEKESHA:
11:33:51
11:33:53
Between February 2013 and today.
MR. MYERS:
Can you little more specific about
the time frame here?
11:33:44
Sure.
11:33:55
11:34:01
11:34:03
11:34:05
Between February 2013 and the present,
11:34:06
have you had any conversations with anyone the
11:34:09
State Department about the processing FOIA
11:34:12
requests for Mrs. Clintons e-mails related
11:34:15
Mrs. Clintons e-mails, think said the first
11:34:19
time, while she was Secretary State?
11:34:21
MR. MYERS:
And, sorry.
Does your
question exclude the legal advisor?
Excluding the legal advisor and the
attorneys sitting here today. not believe had any discussions
11:34:23
11:34:24
11:34:26
11:34:29
11:34:31
between that between February 2013 and
11:34:33
March, April 2015.
11:34:45
Okay.
What about since March April
2015, excluding attorney legal advisor the
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Justice Department attorneys representing you with
11:34:57
respect this case?
11:35:00 was was briefed and the
11:35:01
process processing the 55,000 documents, and
11:35:03
provided them with additional resources, and was
11:35:13
kept apprised the the ongoing effort
11:35:15
respond Freedom Information Act requests.
11:35:18
All right.
Did you have any discussions
11:35:22
during that time period about the process during
11:35:24
that time period post March 2015, about the
11:35:27
processing FOIA requests while Mrs. Clinton was
11:35:30
Secretary State?
11:35:33
Not the best recollection.
11:35:35
Okay.
11:35:36
During Mrs. Clintons tenure, how
often would you involved FOIA-related issues?
11:35:44
Aperiodically.
11:35:51
And what type involvement would you
11:35:51
have?
11:35:54 would would budget reviews
11:35:55 you know, have build budget for
11:35:58
the the back end the State Department and make
11:36:01
sure that its sufficient resources were
11:36:05
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
requested order provide for all the offices.
11:36:09
And would get briefings periodically just
11:36:13
where how were doing FOIA response
11:36:18
writ large.
11:36:24
Okay.
11:36:24
Meaning volumetric, not specific cases.
11:36:25
Okay.
11:36:28
How often were you involved with
specific FOIA responses during Mrs. Clintons
11:36:33
tenure?
11:36:38
Only when office was addressee for
11:36:40
one the taskings that came from the the office
11:36:44
that did that.
11:36:48
MR. BEKESHA:
Lets mark this Exhibit
11:36:55
11:36:56
(Kennedy Deposition Exhibit marked for
11:36:56
identification and attached the transcript.)
11:37:12 you could take moment and review
whats marked Exhibit
11:37:12
11:37:13 discussion was held off the record.)
11:37:33
Ive reviewed the document, sir.
11:37:43
Thank you.
11:37:44 you recall looking the middle
11:37:45
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
the first page, you recall sending this e-mail
11:37:47
Ms. Mills April 2nd, 2012?
11:37:52
No, sir, not.
11:37:54
Okay.
11:37:55
Could you could you describe
what this what that e-mail was that you were
11:38:00
sending Ms. Mills?
11:38:02
MR. MYERS:
Objection.
speaks for itself.
The document
has personal knowledge.
And the witness has testified
your ability.
recall either the document the subject matter.
Okay.
11:38:08
11:38:10
No, sir, not recall not
11:38:04
11:38:06
You can answer the question the best
11:38:03 you know how how many times
11:38:12
11:38:15
11:38:17
over the course Mrs. Clintons tenure were you
11:38:23
involved the release the processing the
11:38:26
release FOIA requests that may get press
11:38:30
attention?
11:38:33
MR. MYERS:
Objection.
And outside the
11:38:33
scope authorized discovery the extent its not
11:38:35
limited FOIA requests for former Secretary
11:38:38
Clinton and Ms. Abedins e-mail.
11:38:40
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
You may answer the question.
MR. MYERS:
Okay.
You can answer. said, not was not involved
11:38:43
11:38:45
11:38:48 the processing the FOIA requests, except
11:38:52 the extent that office would have received
11:38:57
tasker asking did have possession documents
11:39:01 relevance the FOIA request.
11:39:07
During Mrs. Clintons tenure, well
11:39:10
after, have you ever received any taskings search
11:39:14
your e-mails for e-mails Mrs. Clinton
11:39:17
Ms. Abedin?
11:39:21
Yes.
11:39:25
How often did Ill break that down.
11:39:26
During while during Mrs. Clintons tenure, did
11:39:30
you receive any taskings search your e-mails for
11:39:33
Mrs. Clinton Ms. Abedins e-mails?
11:39:36 have recollection any taskings
during the Secretary States tenure.
Approximately how many taskings have you
received since Mrs. Clintons tenure? would would very reluctant
hazard guess.
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11:39:41
11:39:45
11:39:47
11:39:51
11:39:56
11:39:58
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Why were you tasked search for those
records?
11:40:04
MR. MYERS:
11:40:01
Objection.
Lack
11:40:04
foundation.
11:40:05
You may answer the question.
11:40:06
Because received tasker.
11:40:08 you know why you received the tasker?
11:40:10
MR. MYERS:
11:40:16
Objection.
Asked and
answered, and lack foundation.
11:40:18
You may answer the question.
11:40:20
Because the because the records office
11:40:22
thought that office might have have such
11:40:23
records and sent there there
11:40:26
individual office who receives these taskers
11:40:32
for the office for the Office the
11:40:35
Undersecretary, and then checks with myself and the
11:40:38
staff the office make sure that are that
11:40:42 are holding responsive material, are
11:40:45
responsive.
11:40:49
11:40:50 you know those you recall
those taskers were specific search for e-mails
11:40:52
that you correspondence you had with Mrs. Clinton
11:40:57
PLANET DEPOS
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 Ms. Abedin, was generally tasker for
11:40:59
records related specific issue?
11:41:03
MR. MYERS:
Objection.
Compound.
11:41:05
You may answer the question.
11:41:07 think the answer both and.
11:41:10
Could you explain that little bit?
11:41:14
MR. MYERS:
11:41:16
Form.
You may answer the question.
11:41:17
MR. MYERS:
Objection. you know what is.
11:41:19 received requests that were both
11:41:22
related To/From, and Subject.
11:41:24
Going going back the exhibit
marked the document marked Exhibit you recall how many FOIA requests you
11:41:29
11:41:40
11:41:43
reviewed you were part the process during
11:41:47
Mrs. Clintons tenure that related her e-mails?
11:41:50
MR. MYERS:
Objection.
Assumes facts not
11:41:59 evidence.
11:42:01
You can answer the question.
11:42:02 honestly dont remember number.
11:42:05 you remember any?
11:42:09 cannot say that they were none, but
11:42:14
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 can have trying remember things
11:42:18
that took place over four years, which were anywhere
11:42:21
between eight and three-and-a-half years ago.
11:42:27 you know who responsible for
11:42:33
processing FOIA requests processing
11:42:36
Mrs. Clintons e-mails during her tenure for FOIA
11:42:39
requests?
11:42:42
resided the Executive Secretariat.
That was that would function that
Okay. you know who Mr. Pagliano is,
Bryan Pagliano?
11:42:47
11:42:48
11:42:50
11:42:54
Yes, sir.
11:42:57
When did you first when did you first
11:42:57
become learn Bryan Pagliano? 2009.
11:43:12
11:43:16 would say sometime the first quarter
11:43:05
Okay.
And how did you become aware
him?
11:43:18
11:43:20
One the offices that reports
coordinates the onboarding noncareer appointees.
Okay.
Was Mr. Pagliano noncareer
appointee?
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11:43:28
11:43:36
11:43:41
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Yes, sir.
11:43:42
Okay.
11:43:42
And which office was assigned
to?
11:43:47
The Office the Bureau Information
Resources Management.
11:43:50 you know how ended that
office?
11:43:50
11:43:52
MR. MYERS:
11:43:47
Objection.
Vague.
11:43:53
You may answer the question.
11:43:54 generally recall that since had
11:44:00
technical background, that was the office that
11:44:02
handled the backbone processing for the Department
11:44:06 State the arena.
11:44:13 you know how his sum ended with
the IRM department? believe was given me, and gave the Bureau Information Resource Management.
11:44:14
11:44:17
11:44:23
11:44:26 you know who gave you his sum
11:44:30 not remember exactly, but would
11:44:32
have come from the White House liaison office.
11:44:34
And who was that office that time?
11:44:37
There were three four people the
11:44:42
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
office that time.
Okay.
11:44:43 you know why they provided you
with his sum
11:44:48
MR. MYERS:
11:44:45
Objection.
Foundation.
11:44:50
You may answer the question.
11:44:53
That that the function that
11:44:54
the function that office.
11:44:56 you know anybody had sought asked
for him employed the State Department?
MR. MYERS:
Objection.
Foundation.
11:44:59
11:45:02
11:45:04
You may answer the question.
11:45:06 the function that office
11:45:07
propose noncareer appointees for positions within
11:45:11
the State Department.
11:45:16
responsibility that office.
That the historical
11:45:20 you know how that office received
Mr. Paglianos sum
MR. MYERS:
11:45:21
11:45:24
Objection.
Foundation.
11:45:25
You may answer the question.
11:45:27 not recall knowing that.
11:45:29
Okay.
11:45:31
No, sir.
Did Mr. Pagliano report you?
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11:45:34
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 you know who reported to?
11:45:34 the best recollection, was one
11:45:39 the deputy chief information officers.
Okay. you know what Mr. Paglianos job
11:45:41
11:45:44
description was while was employed the State
11:45:47
Department?
11:45:49
11:45:52 not recall ever being briefed
that, no, sir.
Okay.
11:45:56 you know Mr. Pagliano worked Mrs. Clintons personal e-mail account?
11:45:57
11:46:02 did not know that contemporaneously.
11:46:09 you know that now?
11:46:11 understanding believe have
11:46:13
read have read articles the newspaper
11:46:16
asserting.
11:46:19
Have you spoken anybody besides the
11:46:19
Office Legal Advisor the Department Justice
11:46:22
attorneys representing you here about what you
11:46:26
learned those newspaper articles?
11:46:29
MR. MYERS:
Can you also exclude any
pending law-enforcement investigations. any pending law-enforcement
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11:46:30
11:46:32
11:46:34
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
investigation.
11:46:36
MR. BEKESHA:
MR. MYERS:
Thank you.
Yeah. believe response
11:46:36
11:46:37
11:46:40
congressional inquiry, checked with the Bureau
11:46:42
Human Resources his status.
11:46:46 you recall what the Bureau Human
Resources informed you?
They just informed that was
11:46:51
11:46:53
11:46:56
one point they informed was longer
11:46:56
employee.
11:46:58 was placed within the Bureau Information
11:47:01
Resource Management.
11:47:05
And then they also informed where
Okay. you know who Clarence Finney is?
Clarence Finney officer within the
11:47:05
11:47:10
Executive Secretariats office that deals with
11:47:12
records.
11:47:16
Have you ever spoken Mr. Finney about
11:47:16
Mrs. Clinton generally about Mrs. Clintons use
11:47:20 e-mail?
11:47:22 the best knowledge, dont think ever have spoken Mr. Finney.
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11:47:24
11:47:26
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 all?
11:47:28 the your question.
11:47:30
Okay.
11:47:31
your answer. wasnt sure
11:47:34
Have you ever spoken Mr. Finney about
Thank you.
FOIA requests related Mrs. Clintons e-mail?
11:47:35
11:47:38
No, sir.
11:47:42
Okay.
11:47:42 the best knowledge.
11:47:44
Have you ever spoken Mr. Finney about
11:47:44
FOIA requests related the Office the Secretary
11:47:48
generally?
11:47:54
No, sir.
Because that not something
Undersecretary for Management would normally do.
Mrs. Clinton has stated are you aware
11:47:56
11:47:58
11:48:00
that Mrs. Clinton has stated that was her
11:48:17
practice e-mail government employees their dot
11:48:20
gov e-mail address that the e-mails would
11:48:23
immediately captured and preserved
11:48:26
record-keeping systems?
11:48:29 believe have seen that the
newspaper.
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11:48:35
11:48:36
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Okay. you know when you first saw that the newspaper?
11:48:36
11:48:38 would unable pick date.
11:48:44
Okay.
11:48:45 you know you knew that that was her
Thank you.
practice prior reading the newspaper? have way answering what the
Secretary State thought her practice was.
Did you ever talk Mrs. Clinton about
her practice preserving e-mails?
11:48:46
11:48:48
11:48:54
11:48:56
11:48:59
11:49:02
No, sir.
11:49:05
Have you ever talked anybody else
11:49:05
the State Department about Mrs. Clintons practice
11:49:07 preserving e-mails?
11:49:11
MR. MYERS:
And again, you could
exclude the legal advisor.
11:49:12
11:49:14
Excluding the legal advisor.
11:49:15 believe conversations have only been
11:49:23
with the legal advisor, the best
11:49:25
recollection.
11:49:27
Okay.
11:49:28 potentially with one staff, who
11:49:29
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
tasked get answer from the legal advisor. you recall which individuals
your staff that you spoke with?
11:49:32
11:49:36
11:49:40
No, sir.
11:49:41
Okay.
11:49:41 you know anybody the State
Department approved this practice that Mrs. Clinton
11:49:46
stated that she had?
11:49:49
MR. MYERS:
Objection.
Vague.
11:49:51
You may answer the question.
11:49:53 not aware anyone.
11:49:54 you know this practice contrary
11:49:56 State Department policy?
MR. MYERS:
Objection.
11:49:58
Vague, and
potentially least calls for legal conclusion.
11:50:00
11:50:02
You may answer the question.
11:50:04 answer that question would have
11:50:08
consult with subject matter experts and with the
11:50:09
Office the Legal Advisor.
11:50:12
Okay.
Based your understanding the
11:50:13
State Departments records-management policy, you
11:50:17
believe Mrs. Clintons practice preserving
11:50:22
e-mails was contrary your beliefs?
11:50:25
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
MR. MYERS:
Objection. still calls for legal conclusion.
11:50:28
11:50:30
You may answer the question.
11:50:32 order render opinion the
11:50:36
Undersecretary for Management, very careful
11:50:38
when render such opinions.
11:50:41
consult with subject matter experts and the Office
11:50:44 the Legal Advisor before rendering opinions which
11:50:48
have some standing within the State Department
11:50:51
the Undersecretary.
11:50:54
And, therefore, you know Mrs. Clintons use
11:50:56
non-State.gov e-mail account based your
11:51:00
knowledge the State Departments
11:51:03
records-management policy, you know
11:51:06
Mrs. Clintons use non-State.gov e-mail account
11:51:10 conduct official government business was contrary
11:51:13 that policy?
11:51:16
MR. MYERS:
Objection the extent that calls for legal conclusion.
11:51:17
11:51:19
You may answer the question.
11:51:20 Ive said before, would would
11:51:25
consult with with the experts. will add that
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11:51:27
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 the State Department employees are
11:51:30
encouraged use State.gov addresses.
11:51:33
Okay. senior agency official for
11:51:38
records management the State Department, you
11:51:41
believe that Mrs. Clintons use non-State.gov
11:51:43
e-mail account was contrary State Department
11:51:46
policy?
11:51:50
MR. MYERS:
Asked and
11:51:50
answered, and potentially calls for legal
11:51:52
conclusion.
11:51:53
You can answer the question.
11:51:54 said, the State Department records
11:51:56
Objection.
encourages the use State.gov.
than that, would have consult with subject
11:52:02
matter experts and and the Office the Legal
11:52:04
Advisor.
11:52:07
But further the senior agency official for records
11:51:59
11:52:07
management the State Department, you know
11:52:10 you believe that Mrs. Clintons use
11:52:14
Mrs. Clintons practice e-mail other individuals
11:52:18 their e-mails could preserved was contrary
11:52:23 contrary State Department records-management
11:52:26
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
policy?
11:52:28
MR. MYERS:
Asked and
11:52:29
answered, and calls for legal conclusion.
11:52:30
Objection.
You may answer that question.
11:52:32
State Department records-management policy
11:52:34
encourages the use dot gov State.gov addresses
11:52:36
for official business, and further would
11:52:40
need consult with subject matter experts and the
11:52:43
Office the Legal Advisor.
11:52:46
Okay. question was little bit
different.
Mrs. Clintons stated practice e-mail government
11:52:54
employees their dot gov e-mail address, that way
11:52:56
work e-mails would immediately captured and
11:52:59
preserved government recordkeeping systems.
11:53:01 question was focused again
11:52:47
11:52:50
Before you testified that
11:53:04
Undersecretary Management you couldnt answer
11:53:07
that question with without consulting.
11:53:08
question now is, senior agency official, the
11:53:13
senior agency official for records management for
11:53:16
the State Department, you believe that that
11:53:18
practice preservation, that her stated
11:53:20
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
practice preservation, was contrary State
11:53:24
Department policy?
11:53:27
MR. MYERS:
Objection.
Its been asked
and answered. the extent that its focused records
11:53:31
management rather than FOIA processing, its beyond
11:53:33
the scope authorized discovery.
11:53:35
And
11:53:29
You may answer the question.
11:53:37
MR. MYERS: calls for legal conclusion.
11:53:27
11:53:38
Thats fine. said, State Department
11:53:41
regulations encourage State Department employees
11:53:46
use State.gov e-mail addresses. further and
11:53:48
say whether specific case something does
11:53:54 does not conform that recommendation, would
11:53:57
have consult with subject matter experts and
11:54:01
the and the Office the Legal Advisor.
11:54:04
When did you first become aware that
11:54:05
Mrs. Clinton was using whats been described
11:54:17
the media personal server, e-mail server?
11:54:19 have testified previously, did not
11:54:32
focus the her e-mail address when recent
11:54:38 received the documents that had discussed
11:54:43
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
earlier.
11:54:46 the just did not set off any did not focus that.
11:54:49
bells head that these were coming from
11:54:52
personal server.
11:54:54
question when read about the
11:54:59
newspaper March 2015.
11:55:03
Okay.
And, therefore, answer your
Prior March 2015, you recall
11:55:07
having any conversations with anyone the State
11:55:10
Department about Mrs. Clintons e-mail server?
11:55:15
Not the best recollection, no,
sir.
11:55:20
11:55:17 you recall having any e-mail
11:55:20
correspondence you recall seeing any e-mail
11:55:23
correspondence that talked about Mrs. Clintons
11:55:27
e-mail server?
11:55:31 recall reviewing material there
11:55:45
was there was trailing paragraph
11:55:50
document document that that talked about
11:55:54
it.
But did not focus the trailing document
11:55:58
trailing paragraph, because the primary paragraph
11:56:01
that e-mail was about issue that had been
11:56:05
working on, which why was that copied
11:56:09
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
that e-mail.
11:56:12
11:56:14 you recall any other e-mails, besides
that one, that referred Mrs. Clintons e-mail
11:56:19
server?
11:56:24
No, sir, not the best
11:56:25
recollection.
Okay.
11:56:26 preparing for your testimony
11:56:26
today, besides the Office Legal Advisor, Justice
11:56:31
Department attorneys, any law-enforcement
11:56:36
officers ongoing law-enforcement
11:56:38
investigation, who did you speak with?
11:56:42
Did you speak with anyone about your
11:56:44
testimony today?
11:56:45
May ask you rephrase the last part?
11:56:51
Sure.
11:56:54 mean, informed people was
11:56:55
testifying today.
11:56:57
Okay. told wife was testifying today.
11:56:58
told staff was testifying today.
11:57:01
But but not
trying rephrase counsels question.
11:56:59
But you
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11:57:09
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
could rephrase counsels question.
MR. MYERS: your question about, you
11:57:11
11:57:13
know, testified talked anybody
11:57:14
about the substance?
11:57:15
MR. BEKESHA: was just going follow with that.
11:57:17
MR. MYERS:
11:57:16
Thank you. besides law enforcement, Office
11:57:18
11:57:19
Legal Counsel, Justice Department attorneys, did you
11:57:22
speak excuse me.
11:57:25
about the substance your testimony?
Did you speak anybody today may can change your
11:57:28
11:57:33
question, Office Legal Counsel, Office
11:57:36
Legal Advisor the State Department.
11:57:38
Yes.
The answer the answer the answer
no.
Okay.
Did you review any records
preparation for testimony today?
11:57:40
11:57:41
11:57:45
Sorry about that.
Except from discussions with the Office
11:57:45
11:57:50
11:57:55
the Legal Advisor the Department Justice, no,
11:57:59
sir.
11:58:01
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
When did you last speak with
Mrs. Clinton?
11:58:01
11:58:06
MR. MYERS:
Okay.
Objection.
Beyond the scope authorized discovery.
11:58:08
11:58:09
You can answer the question.
11:58:11
You may answer the question.
11:58:12 think saw Secretary Clinton
11:58:16
social function some months ago.
11:58:21
Since Mrs. Clinton left the State
11:58:27
Department, have you spoken her any her
11:58:30
representatives about her e-mail usage while she was
11:58:32
Secretary State?
11:58:37
MR. MYERS:
Objection.
Vague.
11:58:38
You may answer the question.
11:58:41
Spoken spoken, no.
11:58:47
What about e-mailing?
11:58:51
E-mailing, no.
11:58:54
Okay.
11:58:55
Letter writing, correspondence
hard-copy form?
11:59:01
Yes.
11:59:03
Okay.
11:59:04
Communications that the Office the
11:59:04
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Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Legal Advisor had send representatives four
11:59:08
former Secretaries State.
11:59:12
Okay.
Have you spoken with Ms. Abedin
11:59:14
Ms. Mills about the substance the testimony
11:59:20
your testimony today?
11:59:24
No, sir.
11:59:26
Okay.
11:59:27
MR. BEKESHA:
five-minute break.
11:59:34
11:59:37
VIDEO SPECIALIST:
Why dont take are off the record 11:59.
11:59:38
11:59:39 recess was taken.)
11:59:40
VIDEO SPECIALIST:
12:13:33 are back the
record 12:13.
12:13:37 MR. BEKESHA:
12:13:41
Great.
Mr. Kennedy, just have few more
Thank you.
questions.
12:13:43
12:13:44
First, when came back from the previous
12:13:42
12:13:45
break, you talked about the three-part answer
12:13:47
your knowledge about Mrs. Clintons use personal
12:13:52
e-mail.
12:13:56
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888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Yes, sir.
12:13:58
Could you not sure, looking back,
12:13:58
that fully understood the difference between Part
12:14:02 and Part
12:14:05
just elaborate again your answers the
12:14:08
different parts.
12:14:13
And was just wondering you could Part which was the request that
12:14:16 had sent out four former Secretaries State
12:14:21
asking for any material that they might have that
12:14:25
might not have, when was informed that that
12:14:28
Secretary former Secretary Clinton had submitted
12:14:35 large quantity material December 2014.
12:14:37 was that material was then put into
12:14:48
processing, and was unaware the contents
12:14:50
that material.
12:14:53
And then there was then there was
12:14:54
story the newspaper about March 2015
12:14:55
about her extensive use e-mail. was trying
12:15:04
draw distinction between the fact that had
12:15:07
was knew that had received large quantity
12:15:10 material, but
12:15:12
Okay.
And
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888.433.3767 WWW.PLANETDEPOS.COM
12:15:14
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
MR. MYERS:
answer?
Oh, sure.
12:15:18
And but but knowledge the
12:15:19
nature that did not come immediately.
The nature came you after you
read the newspaper article?
12:15:15
12:15:17
MR. BEKESHA:
Could just finish his
That was when response your
12:15:21
12:15:26
12:15:28
12:15:30
specific question, when did knew there were lots
12:15:33 e-mails.
12:15:35
Okay.
12:15:37
Extensive use her e-mails, think
12:15:38
thats how you phrased it, phrased it.
Okay.
Did you know, prior sending
those letters the fall
12:15:40
12:15:42
12:15:52
14.
12:15:56 14, did you know that Mrs. Clinton used
12:15:57
her non-State.gov e-mail account conduct
12:16:01
government business extensively conduct
12:16:05
government business?
12:16:07 testified previously, sir, not
extensively.
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
12:16:10
12:16:13
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
When you wrote the letter then, what were
you expecting Mrs. Clinton return? was advised the Office the Legal
12:16:16
12:16:20
12:16:26
Advisor send send these letters about
12:16:29
records four previous Secretaries State.
12:16:32
Did you
12:16:35 had anticipation one way the other
12:16:36 what the responses would from any the
12:16:39
four Secretaries State.
12:16:42
But have high
value counsel that received from the Office
12:16:48
the Legal Advisor.
12:16:51
And did you speak anybody else, anybody
12:16:51
outside the Office the Legal Advisor, before
12:16:56
sending that letter those letters the fall
12:16:58
2014?
12:17:01
No. think think the entire work
12:17:05
product was coordinated the Office the Legal
12:17:07
Advisor, with the exclusion of, you know, obviously
12:17:12 some staff who actually formatted the letters,
12:17:15
printed them, and handed handed them for
12:17:18
signature.
12:17:21
Okay. you know who was responsible for
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
12:17:23
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
inventorying Mrs. Clintons records she was
12:17:34
transitioning away from being Secretary State?
12:17:37
MR. MYERS:
Outside the scope authorized discovery.
12:17:41
12:17:42
You may answer the question.
12:17:43
MR. MYERS:
Objection.
12:17:45 ahead.
That would have been the responsibility
the records section the Executive Secretariat.
Did you have any responsibility all
12:17:46
12:17:48
12:17:51
about the inventorying Secretary Secretary
12:17:53
Clintons records?
12:17:58
MR. MYERS:
Same objection.
12:17:59
You may answer.
12:18:00 have have direct responsibility
12:18:02
for the actions particular office within the
12:18:04
State Department that that nature.
12:18:08 you know Mrs. Clintons e-mails were
inventoried the end her tenure?
MR. MYERS:
Same objection.
12:18:10
12:18:13
12:18:15
You may answer the question.
12:18:17 have have personal knowledge
12:18:18 the inventorying any other appointee.
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
12:18:20
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
Have you spoken anybody the State
12:18:23
Department outside the Office Legal Advisor about
12:18:27
whether Mrs. Clintons e-mails were inventoried when
12:18:31
she was leaving office?
12:18:34
MR. MYERS:
Same objection.
12:18:35
Not
12:18:40
You can answer.
12:18:40
Not contemporaneously with her departure,
12:18:41
no.
12:18:45
Since her departure, have you spoken with
12:18:45
State Department employees outside the Office the
12:18:47
Legal Advisor?
12:18:50
MR. MYERS:
Same objection.
Pausing for recollection.
12:18:50 mean,
12:19:02 possible that spoke somebody about it,
12:19:04
but not have cannot remember specific
12:19:06
conversation about it, no, sir.
12:19:11
MR. BEKESHA:
Okay.
12:19:12 have nothing further.
EXAMINATION COUNSEL FOR DEFENDANT MR. MYERS:
Undersecretary Kennedy, have just few
PLANET DEPOS
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12:19:23
12:19:27
12:19:27
12:19:28
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
questions for you.
12:19:30
You testified earlier that you had never
12:19:31
received e-mail from the previous Secretaries
12:19:33
State that you served under prior working for
12:19:36
former Secretary Clinton.
12:19:39
What was your understanding how those
12:19:41
individuals, how those former Secretaries
12:19:42
communicated and did their jobs?
12:19:44
There historical practice going back
12:19:49 least over the the years that have been
12:19:50 the State Department, including previous period
12:19:55 time whats called the seventh floor the
12:19:59
State Department.
12:20:04
Undersecretary for Management back the 1970s. was aid the
And there long-standing practice
12:20:08
12:20:10 the Secretary State having senior staff
12:20:13
meeting the morning, then one more staff
12:20:17
meetings during the course the week with larger
12:20:22
number senior State Department officials.
12:20:27
There are regular briefings the
12:20:31
Secretary State his/her office before
12:20:33
before major events, where senior team will
12:20:38
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888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
assemble over the material preparation for
12:20:41
the next for the next meeting.
12:20:45
There are action memos the Secretary
State proposing course action.
briefing memos preparation for events.
12:20:56
There are information memos just conveying senior
12:21:01
information that necessary.
12:21:03
There are
12:20:48 have system that call still
call telegrams that exists.
These are these are
12:21:08
12:21:11
messages from ambassadors overseas.
important such messages those are provided the
12:21:18
Secretary State.
12:21:22
Copies
12:20:54
And the Secretary State also has access
12:21:14
12:21:26 both secure and nonsecure telephonic
12:21:28
communications.
12:21:32
And there apparatus and history
12:21:34 providing information the Secretary State.
12:21:37
Additionally, the Secretary State also will tell
12:21:43
personal staff the Executive Secretariat any
12:21:48
requests they might have for information
12:21:52
subject that that has come their ken and
12:21:55
that they wish more information.
12:22:00
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016 theres very robust exchange, flow
12:22:02
information, and from the Secretary State
12:22:05
through the means Ive just described.
12:22:07
And did former Secretary Clinton use all
12:22:09 those means communicating that youve just
12:22:12
described?
12:22:14
Yes, sir.
12:22:15
And while you worked for her, was your
12:22:15
understanding that she was primarily using those
12:22:19
tools e-mail conduct her state business?
12:22:22 understanding was that she was using
the classic tools that had described moment ago.
12:22:25
12:22:27
12:22:29
During the period time when you were
And then have just one other question.
12:22:33
Undersecretary Management, serving under former
12:22:36
Secretary Clinton, roughly how many e-mails would
12:22:39
you say that you received typical day,
12:22:42
including both classified and unclassified e-mails?
12:22:45 would say somewhere between five and
seven hundred day.
MR. MYERS:
12:22:48
12:22:52
Thank you. have nothing
further.
12:22:54
12:22:56
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
MR. BEKESHA: have few more questions.
EXAMINATION COUNSEL FOR PLAINTIFF
12:22:58 MR. BEKESHA:
12:22:57
12:22:58
You just testified that you understood
12:22:58
that Mrs. Clinton was primarily using the classic
12:23:01
tools communicate her business.
12:23:05
Yes.
12:23:08
Why was that your understanding?
12:23:08
Because was the senior staff meeting
12:23:11 the morning. the expanded staff meetings. participated
12:23:23
briefings that she received prior events the
12:23:28
White House, events overseas, events the Hill.
12:23:32 was the one more the sent her action memos, briefing memos,
12:23:38
information memos. the Secretary potentially from another senior
12:23:48
official are distributed laterally, speak,
12:23:50
other undersecretaries for their cognizance and
12:23:54
contextual knowledge.
12:23:59
And those memos are also that
12:23:16
And saw was the meetings,
was the some the briefings. knew from
her schedule about the other briefings.
And was
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
12:23:42
12:24:01
12:24:05
12:24:07
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
either sending her material was copied those
12:24:10
action info and briefing memos that she was
12:24:15
receiving.
12:24:17
Okay.
Thank you.
12:24:18
And also, you know, you described this think you also used words
12:24:18 historical practice.
apparatus and history.
About how the Secretary
12:24:25 State would conduct her business, conduct the
12:24:30
business the Secretary.
12:24:32
Didnt that make all the more
12:24:22
12:24:35
surprising when you received e-mail from
12:24:37
Mrs. Clinton, because was outside this
12:24:40
historical practice, outside this robust exchange
12:24:43
information, outside this apparatus and history?
12:24:48
mean, didnt this didnt you think, Oh, this
12:24:52
different
12:24:55
MR. MYERS:
Objection.
12:24:56
worked for? from the four previous Secretaries you
MR. MYERS:
12:24:56
12:24:59
Objection.
Like, compound
12:25:00
times eight.
12:25:02
12:25:03
You may answer the question.
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
No, sir, because the very small volume e-mails involved.
12:25:10
And approximately how many e-mails over
the four years -MR. MYERS:
12:25:11
12:25:14
Objection.
12:25:15 you received from Secretaries, receive send Secretary State?
MR. MYERS:
12:25:06
Objection.
12:25:16
12:25:19
Asked and
answered.
12:25:21
12:25:22
You may answer.
12:25:27 guessing 50, 75, some some number
12:25:28 that range.
12:25:32
And
12:25:33
Over four years.
12:25:34
Thank you.
12:25:34
And during that period when receiving
12:25:36
those e-mails, you never thought this was outside
12:25:37
the historical practice, this robust exchange
12:25:41
information, this apparatus and history that you
12:25:45
were just talking about?
12:25:48
MR. MYERS:
Objection.
Asked and
answered.
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
12:25:49
12:25:50
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
You may answer the question.
12:25:51
No, sir; because the small volume.
12:25:53
Okay.
12:25:55
MR. BEKESHA: have other questions.
MR. MYERS:
VIDEO SPECIALIST:
Were done.
This ends the
deposition Patrick Kennedy.
record 12:26. are off the
(Off the record 12:26 p.m.)
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
12:25:56
12:25:58
12:26:00
12:26:01
12:26:03
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
ACKNOWLEDGMENT DEPONENT PATRICK KENNEDY, hereby acknowledge that
have read and examined the foregoing testimony, and
the same true, correct and complete transcription the testimony given and any corrections
appear the attached Errata sheet signed me.
_______________________
(DATE)
________________________
(SIGNATURE)
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
100
CERTIFICATE SHORTHAND REPORTER NOTARY PUBLIC Debra Ann Whitehead, the officer before whom
the foregoing deposition was taken, hereby certify
that the foregoing transcript true and correct
record the testimony given; that said testimony was
taken stenographically and thereafter reduced
typewriting under direction; that reading and
signing was requested; and that neither counsel
for, related to, nor employed any the parties
this case and have interest, financial
otherwise, its outcome. WITNESS WHEREOF, have hereunto set hand and
affixed notarial seal this 29th day June, 2016. commission expires:
September 14, 2018
-----------------------------
NOTARY PUBLIC AND FOR THE
DISTRICT COLUMBIA
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
101
Abedin
8:14 31:19 55:9,12
60:18 67:11 69:1
86:3
Abedins
33:9 66:22 67:16
ability
66:11
able
48:14 49:5 54:12
about
8:9,22 12:5 18:2 20:4
21:11,16,19 22:3 26:9
28:18,21 29:10 31:13
31:19 33:10,14 34:12
40:22 43:1 44:8,14,18
45:22 46:12 47:4
48:14,22 49:12 50:4,9
50:13 52:1,2,4 54:18
55:1,5 57:19 62:5,5
62:10,13,18,22 63:2
63:10,21 64:9,10
73:18 74:18,19 75:5
75:10 76:9,13 82:5,9
82:14,18,21 83:12
84:2,4,11,15 85:11,16
86:4,20,21 87:17,18
89:4 90:10 91:2,15,17
95:22 96:7 97:20
access
32:16,21 93:13
account
11:12 31:2,6 33:8,9
34:14 37:6 38:7
39:20 40:10 41:2,15
41:16 48:1,4 55:10
58:3,7 59:7 60:19
73:10 78:12,15 79:6
88:18
accounts
10:6,7 31:21 32:17
acknowledge
99:2
ACKNOWLEDGM...
99:1
Act
8:10 64:7
action
1:6 93:3,4 95:14 96:2
actions
90:15
actual
61:18
actually
52:4 89:19
12:8
Adams
21:19,20 26:6
add
78:22
addees
28:4
additional
25:8 62:19 64:5
Additionally
93:18
address
10:2 13:22 15:7 16:13
16:19 17:6 18:3
24:15 25:2 29:8
30:12 31:10,15,17
32:7 38:11 40:15
41:8 42:5,10,14 44:14
44:18 48:9 55:13,17
55:19 56:9 57:21
75:18 80:13 81:21
addressed
13:2,8 48:5
addressee
65:10
addresses
42:7 79:2 80:6 81:12
addressing
34:10
Administration
56:19 57:6 61:3,22
administrative-type
59:11
advice
53:4
advised
29:3 89:3
advisor
4:5 19:20 22:18 57:11
57:13 63:15,16,22
73:17 76:16,17,19
77:1,18 78:8 79:16
80:9 81:16 83:8
84:14,21 86:1 89:4,11
89:13,18 91:2,12
advisors
56:17
Affairs
20:22 21:8,22
affixed
100:13
after
54:22 62:10,21 67:9
88:6
again
26:19 34:8 36:9 49:11
49:22 60:8 76:15
80:11 87:5
against
8:11
agency
61:12 79:3,17 80:19,20
ago
22:9 38:12 49:12 50:2
70:3 85:8 94:12
26:12
ahead
11:14 26:4,5 41:13
90:6
aid
92:13
aircraft
53:21
Alice
21:11
Alison
4:3 7:4
all
7:10 8:6 12:4 14:2 23:2
25:8 27:6 28:3 36:1
36:21 37:15 42:8
43:13 44:1 47:4 57:3
62:20 64:8 65:1 75:1
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90:9 94:4 96:10
almost
49:12
already
8:22
also
4:10 7:8 9:8,13 21:6
61:11 73:20 74:11
93:13,18 95:15 96:5,6
Although
21:5
always
13:5
ambassadors
93:10
Ambiguous
14:15
American
16:6 17:13,22 28:12,21
29:1
amount
40:7 52:19
Amy
21:16
analyzed
32:6
Ann
100:2
another
95:16
answer
12:19 13:14 15:11
16:21 17:10 23:1,17
25:6 27:22 32:11
34:17 35:2 37:2,19
38:4 39:1,13 40:2
41:12,21 42:17 43:10
44:16 46:5,14 47:10
47:17 49:3 50:22
52:5,7 54:7 56:3,14
58:10,21 59:17 60:20
66:10 67:1,2 68:5,10
69:4,5,8,19 71:9 72:5
72:11,19 75:4 77:1,9
77:15,16 78:3,20
79:11 80:4,17 81:8
82:4 84:16,16,16 85:5
Videotaped Deposition Patrick Kennedy
Conducted June 29, 2016
102
85:6,14 86:20 88:2
90:5,13,20 91:7 96:22
97:10 98:1
answered
15:10 37:1,18 38:3
50:16,21 58:20 68:9
79:9 80:3 81:4 97:9
97:22
answering
76:7
answers
87:5
anticipation
89:7
any
9:14 11:7 12:5 17:17
17:18 18:2 23:14
31:16 41:4,5 44:6
45:6,22,22 46:1 49:13
50:3 56:10 58:1
62:20,21 63:9,18 64:8
67:9,15,17 69:21
73:20,22 82:2,8,12,13
83:2,9 84:18 85:10
87:9 89:8 90:9,22
93:19 99:5 100:9
anybody
44:13 55:1,4 60:17
72:8 73:16 76:12
77:5 84:3,10 89:12,12
91:1
anyone
43:1 44:18 62:5 63:9
77:10 82:8 83:12
anything
54:20
anywhere
70:2
Aperiodically
64:16
apparatus
93:16 96:7,14 97:19
appear
99:6
appointee
70:22 90:22
appointees
70:20 72:13
apprised
64:6
appropriate
45:11 56:17
approved
2:13 77:6
approximately
10:13,18 59:13 67:19
97:3
April
63:20,21 66:2
archives
57:19
area
60:9
arena
71:13
Argumentative
32:10
around
30:21
article
40:9 88:7
articles
73:14,19
asked
15:9 29:1 37:1,17 38:2
46:13 50:15,20 58:19
68:8 72:8 79:8 80:2
81:3 97:8,21
asking
9:13 10:11 12:6 49:11
67:6 87:9
assemble
93:1
asserting
73:15
assigned
71:2
assist
29:1,2
assistant
20:21 21:7,14,20,21
61:4,9,9,21
associated
29:8
assume
22:10
Assumes
47:15 69:17
attached
5:8 11:17 65:16 99:6
attention
66:18
attorney
8:8 63:22
attorneys
63:17 64:1 73:18 83:9
84:9
author
37:3
authored
36:3
authorization
55:22
authorized
38:22 39:12 41:11,19
55:19 66:20 81:7
85:4 90:4
Avenue
2:6 3:19 6:11
aware
9:22 31:1 39:19 40:9
49:7,9 55:8 70:17
75:15 77:10 81:17
away
90:2
a.m
1:14 16:4 34:20 35:8
5:7 12:21
back
30:10 51:13,16 64:21
69:12 86:13,19 87:2
92:9,14
backbone
71:12
background
71:11
based
77:19 78:12
Bathsheba
PLANET DEPOS
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22:3
because
9:10 16:5 17:3,12,21
19:4,4 28:12,18 29:15
32:14 39:9 41:6 42:6
44:19 45:21 47:5
48:5 49:22 51:1 60:8
60:20 68:6,11,11
75:13 82:20 95:9
96:12 97:1 98:2
become
9:22 55:8 70:14,17
81:17
becoming
21:7
been
8:1 22:6,17