Q And how was this call memorialized in realtime?
A So, you know, frankly, I didn’t realIy dig deep into this process, didn’t really fully understand it until it unfolded. But what I typically see is what’s called a TELCON. It’s a telephone communication. It’s not quite a transcript, so it’s not verbatim, but it’s pretty close to it.
Q Before we get there, I just want to understand, in the Situation Room, were there stenographers or people on recording, or how does it work?
A So certainly the staff officers would take their notes, and the reason for that is that you need to make sure if there’s a do-out that you’re able to pass that on to the appropriate department agency for coordination to advance U.S. national security policy. So people were taking notes.
But in terms of the way these things are traditionally memorialized, there’s a transcript that’s produced – on, you know, a transcript seems to imply that it’s completely verbatim. Something along a transcript that – very accurate, but not maybe flawless, that catalogs what’s been discussed and then that goes into a staffing process to try to make sure it’s accurate.
Q And what does that process entail?
A So typically what ends up happening is the transcript is produced by the White House Situation Room. It goes to the people that were in the room, maybe not even always all the people in the room, but the relevant people, like the director, senior director for the directorate in which the country falls, legal. And then you review the transcript to make sure it’s accurate, because, again, it’s not verbatim. It’s not recorded or anything of that nature, as far as I understand.
Q Did you have the opportunity to review the transcript and compare it to your notes?
A I did.
Q Did you make any changes or suggestions?
A I did make a couple of changes and suggestions.
Q Okay. Now, let me – I’m going to give you the call record now, and we’ll mark this as Exhibit 1.
[ Majority Exhibit No. 1
Was marked for identification.]
BY MR. GOLDMAN:
Q Now, this has now obviously been declassified and publicized. Have you, prior to coming here today, have you had an opportunity to review this carefully again?
A I have.
Q Okay. And you obviously saw this in realtime, correct?
A Yes, sir.
Q At the time, would you have – so just explain the process to me. So you make your own edits or suggestions, and then what happens after that?
A So the transcript is produced. It goes through the executive secretary from the National Security Council. It gets pushed out to the appropriate people for review. It goes through legal review, and then it goes to leadership for their final review, and then it goes into, you know, the historical record.
Q And is it disseminated among the cabinet-level officials on others who would need to know?
A I don’t know.
Q You don’t know that. So do you ever then see the final version after you make your edits ?
A Normally it would. In this case, the way it was managed, I didn’t see the final version after my edits. And, frankly, under normal circumstances, I would put my edits in and then, you know, if those edits were deemed appropriate by my leadership or legal, they would enter the record; it they weren’t, you know, I basically provide
my contribution, but it doesn’t – you know, I’m not the final say on how the transcript looks.
Q But ordinarily you’ll make your contribution. It goes to the full process to be finalized, and then the final version does come back to you?
A It doesn’t, but I do have the ability to – you know, if I wanted to, I could go into the system and take a look at it, make sure all the changes were made, You know.
a And you said that normal process did not occur here?
A It didn’t. It did not.
a What was different?
A As opposed to going into the standard communications system, it went into a different type, a different, more secure system. And in this particular system, while I did have an account, it was not functioning properly, so I had to go analog and take a look at – get a hand copy of it, make some – annotate some changes to it, return
it, and, you know, I guess it went through a paper process.
Q So even in the editing process that you normally do, that was done in a different way?
A Yes.
Q In other words, it was on a different system and you had to use a different process to put your edits in?
A Yes.
Q And how long after the call is this process done?
A It’s usually – the effort is to expedite it and make sure you have an accurate, you know, recitation of the call within a fairly short period of time. We’re talking about days.
Q So do you recall how soon – on do you recall when you first learned that this call was placed in the more highly classified system?
A That conversation occurred alongside the conversation with Mr. Eisenberg in which I voiced concerns about the July 21 call.
Q Before we –
MR. VOLK0V: July 25.
BY MR. GOLDMAN:
Q July 25.
A 25th, yeah.
Q But before we get to that, I guess, I am just wondering, because you – when you made your edits, it was already in that system?
A So, yes. It was already shifted over to that other system.
[… 1 …]
Q Okay. Now, what we see here in Exhibit 1, is this a standard MEMCON on - - yeah, MEMCON, memorandum of telephone conversation for Presidential phone conversations?
A It is.
Q It is the standard version?
A Yes, that’s what they typically use
Q Is there a word-for-word transcript that is produced of these conversations ?
A I don’t believe so.
Q Okay. So this is usual?
A Yes, completely normal.
Q Now, and is there an audio recording?
A I don’t believe so.
Q At least not in the U.S.?
A True.
Q So you’ve now had an – let me sorry. Withdrawn.
Did you even look at the final version that was placed in the highly classified system?
A So the version I saw was still the one that was in staffing. I did not have a chance to see, you know, the end result, which is what was released after I made my edits.
Q And is the end result what you understand to be Exhibit 1 that was released on September 25?
A Yes, connect.
Q Okay. Now, let me ask you this question: Did the end result incorporate all of your edits?
A So there were probably some, you know, non-substantive edits that I don’t recall what I necessarily put into it, but there were a couple of things that were not included.
Q And can you point us
A Sure.
Q – to what those were on are?
A Yeah. So page four, bottom of the first panagraph, let’s see, okay, so that ellipses where it ends with “it,” there was a comment about there are recordings from the President. He said that “there are recordings” of these misdeeds.
Q Okay. And that ellipses substitutes for there are recordings ?
A Correct.
[… 2 …]
Q Was there anything else that was different?
A There’s one other substantive item in the next paragraph from Zelensky, where it says, “He or she will look into the situation specifically to the company” it shouldn’t be “the company.” It should be “to Burisma that you mentioned.” Because I think, you know, frankly, these are not necessarily folks that are familiar with the substance. So President Zelensky specifically mentioned the company Burisma.
Q All night. So why don’t you do this, first, just read the sentence as it is in this exhibit.
A “He on she will look into the situation specifically to the company that you mentioned in this issue.”
Q And then read can you restate it with what you recall Zelensky saying?
A “He on she will look into the situation specifically into Burisma” and I think that’s, you know, that’s where it ended.
[… 3 …]
Q Is there anything else that you recall as being substantively different?
A Substantively, I think those are the only two items.
Q Now, I believe that there are other ellipses in here. On top of page three, for example, the President – President Trump says:
I would like you to do us a favor though because our country has been through a lot and Ukraine knows a lot about it. I would like you to find out what happened with this whole situation with Ukraine. They say CrowdStrike, dot, dot, dot, ellipses. I guess you have one of your wealthy people, dot, dot, dot, again, another ellipses. Do you know whether those ellipses replaced other substantive statements?
A To the best of my recollection, I think at the end of CrowdStrike, “they say you have it” was said.
Q “They say you have it”?
A Yeah.
Q So the President says, "They say CrowdStrike, they say you have it. "
A Uh-huh.
Q “I guess you have one of your wealthy people”?
A Yeah. I don’t recall frankly. Oh, you know what? So, frankly, it covers it. So I don’t – if you look, you know, a couple more words down, it says, “the server, they say Ukraine has it.” So that’s covered. I don’t recall what those ellipses are.
a But generally speaking, when there are ellipses here, do they replace words?
A Not always. Like I said, in my notes, if it was a Ukrainian word on something that required some content and it was not in there, I’d replace it, but not every ellipses has something else with it.