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1 tinitro ~tatrs ~rnatr COMMITTEE ON THE JUDICIARY WASHINGTON, DC Gregory G. Katsas Office of the White House Counsel 1600 Pennsylvania Avenue, N.W. Washington, DC Dear Mr. Katsas, September 29,2017 We write today to seek additional information necessary for the consideration of your nomination to serve as a judge on the U.S. Court of Appeals for the District of Columbia Circuit. According the questionnaire submitted to this Committee, you stated that in the White House Counsel's Office, your "principal client is the President of the United States. I am often called on to provide advice to him, to his Chief of Staff, to his White House Counsel, and to various other senior officials in the White House Office. The subject could be virtually any legal issue of interest and not handled directly by the White House Counselor by one of the other Deputy Counsels.,,1 The Senate Judiciary Committee has considered judicial nominees before who have worked in presidential administrations. However, your time at the White House Counsel's Office involves ongoing active investigations by Special Counsel Robert Mueller and several congressional committees, including the Senate Judiciary Committee. As you are aware, the possibility exists that current or former White House officials may be fact witnesses or otherwise implicated in these investigations. In fact, just this week press reported that Special Counsel Mueller is going to begin to interview White House staff. These requests may implicate the advice and conduct of attorneys in the White House Counsel's Office. Given the nature and breadth of your position in the White House Counsel's Office, and in order to evaluate your nomination to a lifetime appointment on one of our nation's most important appellate courts, it is important to understand what 1 Gregory G. Katsas, Nominee to the U.S. Court of Appeals for the D.C. Circuit, Senate Judiciary Questionnaire, at p

2 role, if any, you played in these matters. Accordingly, please answer the following questions by Thursday, October 5, 2017: 1. Since joining the White House Counsel's Office, did you work on or advise on any matters regarding or relating to the following: a. The Special Counsel investigation into Russian interference in the 2016 U.S. election, including any links and/or coordination between Russia and individuals associated with the campaign, transition team, or administration of President Donald Trump? b. The firing, or events leading to the firing, of former FBI Director James Corney, including: 1. The draft letter President Trump allegedly prepared, but did not send, to former FBI Director Corney?" 11. The letter prepared by Attorney General Sessions regarding former Director Corney? 111. The memo prepared by Deputy Attorney General Rosenstein regarding former Director Corney? c. The decision to appoint Lt. General Michael Flynn as National Security Advisor? d. The decision to fire or accept the resignation of Lt. General Flynn, including: 1. Information from then-acting Attorney General Sally Yates regarding then-national Security Advisor Flynn? 11. Any White House investigation of Lt. General Flynn? e. Former Trump campaign manager Paul Manafort? f. The June 9, 2016 meeting between Donald Trump Jr., Paul Manafort, Jared Kushner and Russian lawyer Natalia Veselnitskaya and others? 2 Rosalind Helderman, Mueller Examining Trump's Draft Letter Firing FBI Director Comey, WASH. POST, Sept. 1,

3 g. Statements made by either President Trump, Donald Trump Jr., or other administration officials regarding the June 9, 2016 meeting referenced above? h. The President's pardon power, including whether he has the legal authority to pardon himself or his family members? 2. Did you work or advise on topics l(a) through l(h) as a member of the Trump-Pence Transition Landing Team at the Department of Justice? 3. Were you present in meetings or did you participate in communications with any of the following individuals where former FBI Director James Corney was discussed: the President, the White House Chief of Staff, the White House Counsel, Attorney General Jeff Sessions, or Deputy Attorney General Rod Rosenstein? 4. News reports indicate that Special Counsel Mueller has sought to interview at least two individuals from the White House Counsel's Office as part of his investigation: White House Counsel Don McGahn and James Burnham.' As of the date of your response, has Special Counsel Mueller sought to interview you as part of his investigation? 5. News reports indicate that Special Counsel Mueller has requested documents, including correspondence from White House officials." To the best of your knowledge, as of the date of your response, are any s that you sent, received, or were copied on being requested by the Special Counsel? What about other documents of yours? 6. If asked, will you cooperate fully with Special Counsel Mueller's investigation now? Will you cooperate fully with congressional investigations? If you were confirmed-would any aspect of your service on the bench prevent you from cooperating fully with Special Counsel Mueller's investigation or with any congressional investigation? 7. In your Senate Judiciary Questionnaire, you were asked about potential conflicts of interest. You responded that "Cases most likely to present conflicts issues would be those related to my prior service as a government lawyer or as a private practitioner. If confirmed, I would recuse myself in 3 Carol Leonnig et al., Mueller Gives White House Names of Six Aides He Expects to Question in Russia Probe, WASI-I. POST, Sept. 8, Carol Leonnig et al., Mueller Casts Broad Net in Requesting Extensive Records from Trump White House, WAS I!. POST, Sept. 20,

4 any matter in which, during my government service, I had participated as a counsel, advisor or material witness or had expressed an opinion concerning the merits. See 28 U.S.C. 455(b )(3)... "5 Given the apparent breadth of your portfolio in the White House Counsel's Office-that you have been "called on to provide advice to [the President], to his Chief of Staff, to his White House Counsel, and to various other senior officials in the White House Office" and that "[t]he subject could be virtually any legal issue of interest and not handled directly by the White House Counselor one of the other Deputy Counsels"-if confirmed, do you believe you would need to recuse from any case that directly involved President Trump or any senior White House officials? If so, would you do so? Sincerely, ianne Feinstein Ranking Member 1-t(3~~ Richard J. Durbin ~~ Patrick J. Leahy ~7::!::- 5 Gregory G. Katsas, Nominee to the U.S. Court of Appeals for the D.C. Circuit, Senate Judiciary Questionnaire, at p.52. 4

5 Christopher A. Coons ~~~~ ~-k~ Mazie&rono 5