US. Department of Justice
Office of Legislative Affairs

 

 

Ojj?ce ofrhe AssistanrAttomey General Washington, D. C. 205 30

2019

The Honorable Elijah E. Cummings
Chairman
Committee on Oversight and Reform 

US House of Representatives
Washington, DC 20515

Dear Mr. Chairman:

We write regarding the House Committee on Oversight and Reform?s (Committee)
subpoena for a deposition of John Gore, Principal Deputy Assistant Attorney General for the
Department of ustice?s (Department) Civil Rights Division. That deposition is currently
scheduled for April 25, 2019.

The Department understands that the Committee continues to maintain that a Department
attorney may not appear at the deposition for the purpose of advising Mr. Gore in connection
with maintaining the confidentiality interests of the Executive Branch. As we previously
explained in our April 9, 2019 letter, the Committee?s exclusion of agency counsel from a
compelled deposition would unconstitutionally infringe upon the prerogatives of the Executive
Branch. We appreciate the offer made in the Committee?s April 10, 2019 letter to permit
Department counsel to be present in a separate room during the deposition, but such an
accommodation would not address the Department?s need to have counsel present in the
deposition room to assist Mr. Gore in connection with the deposition. We are disappointed that
the Committee remains unwilling to permit Department counsel to represent the interests of the
Executive Branch in the deposition of a senior Department of?cial.

Accordingly, Attorney General Barr?s determination that Mr. Gore will not appear at the
Committee?s deposition unless a Department attorney may accompany him remains in effect.

 

Assistant Attorney General

The Honorable Elijah E. Cummings
Page Two

CO:

The Honorable Jim Jordan
Ranking Member

John D. Adams, Esq.
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