Elaine Chao Transcript
Elaine Chao Transcript
7 WASHINGTON, D.C.
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17 Washington, D.C.
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20 The interview in the above matter was held via Webex, commencing at 2:03 p.m.
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2 Appearances:
9 INVESTIGATIVE COUNSEL
11 INVESTIGATIVE COUNSEL
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17 STEWART CROSLAND
18 JAMES BURNHAM
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3 Secretary Elaine Chao conducted by the House Select Committee to Investigate the
4 January 6th Attack on the United States Capitol pursuant to House Resolution 503.
5 Secretary Chao, thank you very much for being here. Could you please state
6 your full name and spell your last name for the record?
13 Jones Day.
16 investigative counsel to the select committee. With me from the committee today are
19 This will be a staff-led interview. If any members of the committee join via the
20 Webex platform, I will stop and note their presence, Secretary Chao, so you will be aware
21 of that. Sometimes they may choose to ask a question and we'll facilitate that as well.
23 Please wait until each question's complete before you begin your response, and we will
24 try to wait until your response before asking our next question. Just keep in mind that
25 the court reporter can't record nonverbal answers, like shaking your head. So it's
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1 important that you answer each question with an audible, verbal response.
2 We just ask that you provide complete answers based on your best recollection.
3 If a question isn't clear, then just ask for clarification. And if you don't know the answer,
5 Although this interview is not under oath, it's voluntary, I just have to remind
6 you -- and this is not specific to you, this is a standard admonition -- that it is unlawful to
11 to consult with counsel, or if you just need a break for any purpose, just say the word and
13 EXAMINATION
14 BY
15 Q All right. Secretary Chao, let's -- again, thank you. You are here --1 just
16 want to make clear from the outset that you're here voluntarily, not pursuant to a
17 subpoena or any process, and just on behalf of the committee, wanted to thank you again
18 for that.
19 I do want to show you one document, which I believe your counsel have already
20 received, it's exhibit 1, and it's a letter from the current White House Counsel's Office.
22 This is a letter, Secretary Chao, that was sent, I believe, to your counsel and copied
23 to us, that indicates that the current White House Counsel does not believe that any
25 to ask you.
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1 Do you have any questions about this or understand the views of the current
3 A I have no questions.
4 Q Okay, great.
6 So let's just start with a little bit about your background. You have had a really
7 extensive and impressive record in public service, and I would love for you to start from
8 your time at Mount Holyoke and Harvard Business School and just give us a quick
9 summary of all of the interesting and impressive things you've done since then.
11 entered Citibank. Then was a White House fellow. I went back to banking, to Bank of
12 America, and was subsequently asked to come back as a deputy maritime administrator.
13 Came back for that position. And then I was chairman of the Federal Maritime
15 subsequent to that, director of the Peace Corps. And then president and CEO of United
16 Way of America. And I left that to go with a think tank, and then was nominated for
17 Secretary of Labor in 2001. And then left in 2009 and went into the private sector again,
18 and was nominated and confirmed for the Secretary of Transportation in 2017.
20 A Correct.
22 What have you been doing since leaving the job as Secretary of Transportation?
23 A I've been spending some time with my family, much neglected I have to say.
24 And I'm also now professionally with a think tank, I'm on a number of boards, nonprofit
1 Q Good. I'm looking forward to being able to say that at some point in the
3 So let's go right to January 6th. I would love to just begin with where you were
5 A I was in Washington.
6 Q Okay. Were you aware of plans, Secretary Chao, before the 6th, for the
10 planning for the Ellipse or other events planned for that day in Washington?
11 A No.
12 Q Okay. Had you heard anything prior to the 6th about the possibility of civil
14 A No.
16 events?
17 A No.
18 Q Okay. I take it, then, that you didn't attend the rally at the Ellipse, the
19 President's speech?
20 A No.
21 Q How did you first, then, become aware of violence at the Capitol?
23 employees. So there was a long line, and that took about the afternoon. And an
24 assistant came in at about, I think, 3:30, and said that the Capitol had been breached, I
1 Q I see. So before that moment when your assistant gave you that notice,
7 Q Okay.
9 Q Yeah. When you got that word at, you said around 3:30, what if any official
10 action did you take in your position as the Secretary in the wake of or upon notice of the
13 colleagues who were waiting a long time to take their photograph. And I didn't really
14 quite understand what the assistant told me, squeezed in between all of these, you know,
16 Q At some point, did you get additional information and more clarity about
19 Q Okay. After the violence had been essentially stopped or law enforcement
20 had moved in? I'm just trying to get a sense of when you were sort of fully aware of
21 what was --
22 A I don't -- yeah. I don't know, because I wasn't aware of what was -- too
23 much as to what was happening. There were so many things happening at the
24 Department. So I can't tell you when the violence stopped because I wasn't sure at that
25 time.
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2 Capitol. It didn't require any physical security or anything like that within the
3 Department?
5 Q Yeah, I understand. All right. At any point on January 6th, did you talk to
7 A No.
8 Q Did you reach out to the President, the chief of staff, anyone there, once you
10 A No.
11 Q Okay. How about the Vice President or any members of his staff?
12 A No.
13 Q Did you -- have you ever learned of others who had conversations with
14 President Trump himself on January 6th? If you didn't have them, anyone recount for
17 Q At any point afterwards. I'm just wondering if you're aware of who the
19 A No. Aside from what I've read in the newspapers, I don't have any idea.
21 Q Yeah. And I appreciate that answer, Secretary Chao. I'm looking here for
22 your personal knowledge, not the stuff that you have read about in the newspaper, and I
24 A No, I don't -- I don't know of anybody personally that had spoken with him.
25 Q Okay. How about other members of the Cabinet? Like, once you became
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1 aware that afternoon or evening of violence, did you have conversations with any of your
3 A No. There -- there was one person who publicly, I think, said that they
5 Q Yeah. Secretary Scalia actually has been before the select committee, and
6 he has, yes, exactly, said that he believes he had a conversation with you, that you called
9 A I don't.
10 Q Do you remember speaking to him at any time about the events at the
11 Capitol, or tell us then about, even if you can't place it in time, the first conversation you
13 A I don't remember. He and I speak about labor issues because I was a Labor
14 Secretary.
15 Q Okay.
17 Q Okay. Did you ever talk to him about January 6th and about your decision
18 to resign?
19 A No.
20 Q At any time?
21 A [Inaudible] decision.
24 Q Okay. Scalia indicated in his testimony that you discussed the attack on the
25 Capitol and how horrible it was; that you asked him what you thought they, meaning the
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1 two of you, should do. He replied that he was disturbed but wanted to think about it
2 some more, and that you and he agreed to talk again on the 7th.
3 Again, does his description of that conversation refresh your recollection or help
5 A A little bit, vaguely, but I don't remember too much about the details.
6 Q Okay. Beyond what I just read, Secretary Scalia's recollection, do you have
9 Q Yeah. Yeah. Obviously, for everyone, but I get -- I got the sense from
10 Secretary Scalia that you were -- his view was that you were reaching out for him, looking
11 for some advice or some guidance about what the appropriate response was. Is that
12 accurate?
13 A It's possible.
14 Q Did you reach out to others for advice and guidance as you contemplated
17 Q The decision you made was strictly yours and not informed by discussions
19 A Not at all.
20 Q Do you remember whether you spoke to any other colleagues in the Cabinet
23 Q Okay. All right. Do you recall talking with Secretary Scalia about the 25th
25 A I do not.
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1 Q How about others, did you ever participate in a conversation on that topic
2 with anyone?
3 A No.
4 Q Secretary Scalia has testified also that he suggested, and I believe this was
5 the next day, that the Cabinet should convene, should actually have a meeting with the
6 President to discuss decisionmaking for the last couple of weeks of the administration.
8 Scalia?
9 A I don't. You know, this is the waning days of the administration. We were
10 getting ready to leave. I was very concerned about my appointees, and that's what I
11 was focused on, helping them get placed, helping to out-place them, helping them get
12 jobs, and, you know, basically tidying up, getting organized and leaving.
14 a very shocking day and one that led to your resignation, which I'll get to. So it's a big
15 decision to leave even a couple of weeks early. I'm just wondering if you consulted with
17 A No.
18 Q -- given Secretary Scalia's testimony that you had a conversation with him.
20 have said it if it didn't happen, but I have no recollection of it. And I would not have
22 Q Let's talk about the decision. Tell us when you made the decision to resign.
23 A You know -- when did I make the decision? That's kind of a hard question
25 the full ramifications of the actions that were taken by some people and the results that
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2 But as I mentioned, when I was first told, I didn't understand what that -- I mean,
4 Q Yeah.
5 A I couldn't understand it. Then I had a full day of events that I had to go
6 through, and it was probably at the end of the day that, you know, I -- I probably learned,
7 turned on the television, for example. I don't know, but it was probably toward the end
8 of the day that I began to kind of pay more attention, obviously, and the full weight of
9 what had happened, and then seeing the visuals weighed on me.
10 Q Yeah. You said that the full ramifications of actions taken by some people.
11 Tell us more about what you mean by that. How did that -- what were those actions,
12 who were those people, and how did that influence your decision?
13 A Both positive and negative. I mean, the bravery of the U.S. Capitol Police
14 and, you know, those who were hurt, those who were trying to defend the Capitol, and
15 then the actions of the intruders and how they broke through the glass.
16 I did not actually see too much footage on the rally outside. It was much more
18 Q Okay. I'm curious as to how the bravery of the police or the violence of the
19 rioters made you think that resignation was appropriate. Tell us more about why that
20 became, in your mind, and you took that action that you needed to step away from your
22 A Well, I think my statement, which came out the following morning, speaks
23 for itself.
24 Q I'll just read a couple of parts of that and ask you to comment on it.
1 of the Department during his administration. And you said, Lastly -- this is a quote:
2 Lastly, I had planned on serving through to the end of your term in office, but after
3 yesterday's events at the U.S. Capitol, I will resign as U.S. Secretary of Transportation
5 So tell me more, why it is, again, that instead of serving until the end of the
7 A I think the events at the Capitol, however they occurred, were shocking, and
8 it was something that, as I mentioned in my statement, that I could not put aside.
10 because of his actions that led to or moved people toward the Capitol that day?
11 A You know, it's always -- it used to be that it is an honor to serve. And if the
12 President asked you to serve, there's only one answer. I am grateful for the opportunity
13 to have served my country. And at a particular point, the events were such that it was
20 I guess my question is, did you feel like President Trump somehow failed to meet
21 the moment on January 6th, and that resulted in you being unable to continue to serve,
24 Q How so?
25 A Well, you have heard of many, many people offer suggestions. I had -- I
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2 Q Did you, at any point over the course of the day, encourage him to do so,
3 directly or indirectly?
4 A I did not call him, nor -- I did not -- yeah, I did not call him.
5 Q I understand. Are you aware of others who did and yet he refused to call a
7 A I'm not -- I was not in conversation with other people who had called him.
8 Q Okay. Why was it, Secretary Chao, that his failure to act sooner was of
9 such magnitude that you felt like you needed to leave immediately as opposed to stay
10 through the end of the term? Explain that decision more if you can.
11 A Well, I think in politics, once you say you're leaving, you're leaving, and
12 there's no sense staying around. So I stayed around for 4 days to facilitate a good
13 transition for my successor, to take care of loose ends with those who have worked with
16 to finish that to make sure that they were taken care of.
17 Q I understand. But Secretary Scalia, for instance, decided to stay until the
18 very end, and you did not. And I'm curious, again, as to why you felt like you needed to
21 A Well, Secretary Scalia had his reasons, as did others, for staying. I had my
22 reasons for leaving. And as I stated in my resignation statement, I think the events of
25 you, I think, actually posted on Twitter, you were a bit more explicit in your
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1 condemnation of the President's role in the attack and said this about your decision:
3 supporters of the President stormed the Capitol building following a rally he addressed.
4 As I am sure is the case with many of you, it has deeply troubled me in a way that I simply
6 So let me just ask you about a couple of the words that you chose. A entirely
7 avoidable event. What did you mean when you said that the events of the 6th at the
10 speaks for itself. But I think avoidable means, you know, hopefully he and others
13 condemned the violence, it would not have escalated to the point that it did?
15 Q Okay. You also, in your letter to your colleagues at the Department, say
16 that supporters of the President stormed the Capitol building following a rally he
18 Tell me more about your view of how his words impacted the actions of the
20 A Well, at that time, I didn't know fully what his words were, but they were
21 enough to -- and, also, it was reported as such that he had, instead of asking his
22 supporters to go home -- and he did do that later on but not at the outset.
23 And, you know, if the rally hadn't happened, maybe the breach of the Capitol
24 would not have occurred. Maybe if some people had spoken more evenly and talked
25 more about, you know, our democratic institutions, without stirring people's passions and
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1 inflaming some of the very earnest but excited supporters, perhaps all of this would not
2 have happened.
4 his words at the Ellipse bore some responsibility for the violence that occurred at the
6 A Well, they did not calm things down, and that was a possibility and an option
8 Q You say in your letter that it has deeply troubled you in a way that you
9 simply cannot set aside. Tell us more about the sort of emotional reaction that you had
10 to it and why it was such that you just could no longer serve in the very important role in
13 democracy is supposed to be like, when that doesn't jibe with your own personal
15 Q Yeah. When you made your decision to resign, did you notify anyone
16 officially? Did you call the President or anyone at the White House?
19 A I did.
21 A It was the morning of January 7th, and I said to him basically what I said in
22 my resignation statement, and said that I had planned to announce my departure shortly.
23 Q Did he react? Did he provide any pushback or any feedback to you about
24 your decision?
1 conversation. He was -- I mean, he took the message and said that he would relay it to
2 the President.
4 A I think we both knew at that time that that was not going to be a successful
5 conversation.
6 Q I see. Did he express any of his personal views about what had occurred at
8 A No.
9 Q Did he characterize it in any way similar to how you felt about those events?
10 A No. He did not say -- he did not express his own opinions.
11 Q I see. Did he give you any information about his role in encouraging the
12 President to do something the previous day or give you any information about what he
14 A No.
15 Q You weren't the only Cabinet member who resigned that day. Secretary
16 DeVos did. Did you ever speak with her about her decision to resign at the same time?
18 Q I think you're right. And it was around the same time. Did you ever speak
20 A No.
21 Q Okay. How about, again, other members of the Cabinet, after you
22 resigned, did you explain to them your decision, discuss why you took the steps you did?
23 A No.
24 Q Now, going back to Secretary Scalia, he indicated that part of the reason that
25 he did not resign is that he was concerned that the President might put someone worse
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1 in, in the wake of that. And we've heard that from others. Pat Cipollone, for example,
2 similarly said his decision about resignation was informed by fear that there could be sort
4 Did you have any of those concerns, Secretary Chao, that the President could
5 install someone worse than you or you -- was that at all a factor in your decision?
6 A Not really. I ran a pretty organized Department, and we knew who would
9 the --
11 Q Acting deputy, I see. And did that occur, the acting deputy became the
12 Acting Secretary?
13 A Yes.
14 Q I see. Okay. Did you seek to convey your decision directly to the
15 President? I mean, he's the person that had hired you. Did you want to talk to him
17 A No.
18 Q Why not?
19 A I don't think that would've been a useful -- I don't think that would've been a
20 productive conversation.
21 Q Why not?
22 A He probab- -- he has his own point of view. I have my point of view. And
23 I did the courtesy of notifying him, through his chief of staff, in advance of my
25 Q Yeah. Were you mad at him? Were you frustrated with him? Were you
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2 A No.
3 Q When you say you didn't think it would be productive, I think was the word
4 you used, or constructive, tell me more about that. Why did you fear it wouldn't be a
6 A I'm not so sure what would've been the point. Most people like to talk
7 because they like to talk. Most people like to talk because they want to make -- you
8 know, they want -- they wanted something. I mean, it was pretty clear what had
9 happened.
10 I had made my decision. It was a personal and private decision. I didn't have to
13 Q I appreciate that. So, again, I won't belabor this, but you don't recall
14 consulting with anyone else about this before you made the decision, it was strictly
15 yours?
16 A Yes.
17 Q Okay. Before we leave January 6th, let me just make sure if there's -- I
18 understand you didn't try to call anyone at the White House. Did you talk to any people
19 in the Capitol over the course of the afternoon? And I'm not trying to pry into --
22 or otherwise, to people who were literally victims who were there in secure locations in
24 A I checked in on my husband.
1 A No. I mean, I hope it's understood, you know, in the -- it was a transition.
2 I've been through transitions before, and there are lots of things to do. I'm a veteran,
4 I cared about my Department, I cared about my people, and I was trying to, you
5 know, make sure that the Department was ready to receive the next Secretary. So it
7 Q Yeah. I know you have a lot of close relationships with people across
8 government, and I'm just wondering if you reached out -- again, I appreciate that you
9 called your husband to check on him, but were there others, friends, professional
10 colleagues, about whom you were concerned and potentially reach out to express that
11 concern?
12 A No. Actually, I'm not a very -- no, I did not. Not that I didn't care about
13 them, but I'm not the kind of person that gets on the phone and just, like, gossips a lot.
14 I don't do that.
15 Q The President issued a series of tweets or statements over the course of the
16 afternoon. Were you aware of them in real time, following them, or had anyone
17 recount to you the things that he said over the course of the afternoon via Twitter?
18 A No.
19 Q I think you said before that you weren't even aware that there was any issue
20 at the Capitol until 3-something in the afternoon and presumably wasn't aware of
22 A No, because, again, that afternoon -- if you have a group of people, they're
23 all waiting for you and they're -- they're in a line, and you're offering them -- this is the
24 first time they've had -- this is the last time they think they're going to see the Secretary.
25 And, you know, these are people we've worked together and it's an opportunity
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1 for me and each person just to chat a little bit, you know, about how are you and what's
3 So I had a line of people, and I was greeting and chatting with these, you know,
4 colleagues, and they were looking forward to it. They got all dressed up, and they were
5 looking forward to the photograph with the Secretary and the 2 minutes or whatever
6 they can get with the Secretary to speak with her, and I wanted to make those moments,
9 The President at 2:24 tweeted -- the first thing he said during the riot was: Mike
10 Pence didn't have the courage to do what should've been done to protect our country
12 It was openly critical of the Vice President. I'm wondering if you ever, at any
13 point, talked to the Vice President about his decision, what he did on January 6th,
15 A No. And I did not learn of that sentence until much further on.
16 Q I see. And I appreciate that you didn't know about it in real time. When
17 you did hear about that statement, what was your reaction, much later on?
18 A It's a very unkind, unfair statement on a Vice President who was extremely
20 Q Yeah. How do you feel, Secretary Chao, about what Vice President Pence
21 himself did during the joint session, his decision to certify the duly submitted electors
23 A The Vice President did what was right. He did -- he carried out his
24 constitutional duties.
25 Q Have you ever, to this day, conveyed that to him, that respect and
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6 A No, no.
10 Q Okay. So it sounds like you've never talked to Vice President Pence about
12 A Not at all.
14 A No.
15 Q Okay. All right. The President did, as you said earlier, Secretary Chao,
16 eventually on the 6th, it was at 4:17, issue a video statement from the Rose Garden in
17 which he says: I know your pain, I know your hurt. We had an election that was stolen
18 from us. It was a landslide election, and everyone knows it. But you have to go home
19 now. This is a fraudulent election. We can't play into the hands of these people. We
22 A Well, I think the reaction from even Republicans was that it was
23 inappropriate. These supporters may have started out being very well-intentioned, but
24 some of them got very violent, and such warm words were not really appropriate.
1 Republicans. I'm just wondering you, sort of you personally, when you heard that, when
2 telling people to go home, he said that he loved them and that they were very special, to
4 A Again, I didn't hear of these words until like later on in the evening.
5 Q I see.
6 A Having seen on television what happened, it was clearly -- more was needed.
8 Q All right. Anything else, Secretary Chao, from the day of January 6th that
9 you recall that might be relevant, any conversation, any memory of yours about your
11 A No, not really. It was a busy time, and I don't recall very much about
12 January -- you know, about the specifics of what you're asking about January 6th at all.
13 Q Yeah. I mean, it must've been a very difficult day to abruptly leave a job
14 that you presumably loved, did very well, were planning on continuing, just like that.
15 Tell us more, if you can, about sort of how it felt to quit like that, abruptly, in the wake of
16 those events.
18 to leave. I would've liked a little bit more time, again, so that I could've helped my
19 colleagues, political appointees, who were going to be out of a job. Many of them never
21 Many of them were very young. This is the first time they've ever faced a loss.
22 And it was scary, it was frightening. And I wanted to be able to be a backstop to them in
23 terms of recommendations, in terms of helping them, you know, get new jobs.
24 And I've always done that, where -- you know, everybody who's ever worked with
1 Q Yeah. Did any of the people that worked with you at Transportation resign
2 similar to you, make the same decision that they were going to abruptly leave because of
3 January 6th?
4 A Yes.
5 Q Tell me more about conversations with them. Who were they and why did
8 appointees, except for the Administrator at the Federal Aviation Administration who,
9 similarly, after I resigned, made a similar deci- -- made the same decision of leaving early,
11 Q Yeah. And I understand that you didn't encourage them to leave, but did
12 you have discussions with them about their decisions about why they similarly felt that
14 A No.
15 Q Did they notify you, much like you had notified Mr. Meadows? Did you get
16 word from some or all of them that they were also resigning?
17 A I smile because, by that time, I don't think -- I don't think I was the Secretary
19 Q I see. So you were there through the 11th, I guess, officially. Do you
20 recall any discussions with any of your deputies or the administrators of the component
22 A No. That was also over a weekend. So I think the 7th was a Thursday.
23 Q A Wednesday.
24 A A Wednesday?
25 Q I'm sorry, the 6th was a Wednesday, you're right. The 7th was a Thursday.
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1 A Thursday. And so there was only -- and then Thursday, you know, the
2 announcement was made, like, late morning. And because of COVID, we weren't
3 even -- actually, that's something to remember. We weren't even all together because
4 of COVID. We were not together. And there was only Friday that was a workday, and
6 Q Yeah. All right. Let me just -- a couple of things about the 25th
7 Amendment.
8 Do you remember talking to anyone about the possible invocation of the 25th
11 Q Anyone at all that had -- I guess I'm not talking about a neighbor, but anyone
12 who potentially had a professional, relevant role to play in the consideration of whether
13 that amendment was or wasn't, you know, potentially appropriately invoked, other
14 members of the Cabinet, the Vice President, others who would consider it in Congress.
15 Did you talk to anyone like that about the 25th Amendment?
16 A No.
18 Pompeo, Secretary Mnuchin, you know, discussed this openly. I'm just wondering if you
19 were a party to any of those conversations about whether or not the Cabinet should
20 invoke the 25th Amendment and seek potentially to have the Vice President step in for
22 A They did not approach me, and I was not aware of any discussions within the
25 Did you have any personal concerns about sort of the mental fitness of the
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1 President at that point? Separate from conversations, did you have concerns that
3 A By that time, I did not have personal contact with him. I mean, I just hadn't
4 had --
6 A 1did not go to the White House, there were no meetings, so I hadn't been in
8 Q I understand that. But based on his action or inaction, did you have
9 concerns that perhaps there was a mental health issue or instability sufficient that we
11 A Well, he has his point of view, and he has very strong opinions, like most
12 people, like most leaders. But I did not discuss that with anyone in the Cabinet, nor did
15 whether you had any concerns about his decision making based on what happened on
16 January 6th, practical concerns that steps needed to be taken to land the plane, to
20 Q All right. Secretary Chao, in all of the weeks and months since January 6th,
21 have you had other conversations with people about their personal experience that day?
22 And, again, when I say people, I mean people that were directly affected,
23 government officials, Members of Congress, and, again, I'm setting aside your husband
25 A No. I mean, life goes on. Obviously what happened that day was very
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1 disturbing, and I've made my position and my feelings quite clear by taking the strongest
2 action possible.
3 Q Yeah.
4 A Then after that, you know, there are other things to do. And I know I've
5 had to personally get transitioned into my private life, get resettled again. This is a
6 bigger -- it's a big issue, but I don't talk about it with, you know, with -- with other
7 Cabinet -- I haven't had very many discussions with Cabinet officers since leaving.
8 Q Yeah. I guess I'm just wondering if you learned anything more from people
9 about their personal experience, particularly people in the White House, about what was
10 happening that day, what the mood was, what was -- what were people encouraging the
11 President to do, anything factual like that that you learned from other people anytime
12 since.
13 A Not really. I mean, I just read the public reports, newspapers, like
14 everybody else.
15 Q Yeah. And I appreciate that. I'm not looking for public reports. I'm
16 wondering if you recall any conversation with people about their lived experience that
17 day.
18 A No.
22 anything about January 6th. I don't think we have any Members on the line.
23 BY
24 Q All right. Secretary C h a o , - i s going to ask you a few questions
25 about events related to the election, but I just wanted to ask you one final question.
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1 Anything else at all about January 6th or the events of January 6th that I haven't
2 asked you that you think is important for the committee to know, anything else that you
4 A No.
5 Q Okay.
7 Q I'm sorry?
8 A I said, you've asked a lot of questions and I've given the best answers that I
9 could.
11 election-related issues.
12 Go ahead.
13 EXAMINATION
14 BY
15 Q Secretary Chao, I'm just going to ask you a few questions about the time
17 Did you have any involvement in President Trump's reelection campaign either
19 A No.
23 really involved.
25 House about the campaign strategy, you know, legal strategy, strategy before Congress,
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1 media, with the Vice President, anything like that, either before or after election day?
4 A [Nonverbal response.]
5 Q Okay. You attended the convention in, what was that, maybe August
6 2020?
7 A Righ
Okay. But aside from that, any conversations one-on-one with anyone involved
11 A No. And even during the -- I mean, you asked whether what contacts I've
12 had in terms of the campaign, which is why I thought -- I mentioned the convention. But
13 even there, I mean, I didn't do very much. You know, it was primarily to go as a spouse.
14 Q Okay. Post-election day -- election day was November 3rd, 2020 -- did you
15 talk to anyone in the White House or elsewhere in the administration about the
18 should have -- how you should be messaging the election, whether it was stolen, that
19 there's going to be a second term for President Trump, anything like that?
20 A No.
25 elsewhere in the administration, including President Trump, where they expressed to you
30
1 that the election had been stolen or rigged or corrupted, you know, in some way?
4 transportation. There would always be other people around. And in such a gathering,
5 the President would make -- I think he probably would say that the election was -- was
7 Q Tell us what you recall about those comments by President Trump about the
8 election.
9 A It would be what you hear, you know, publicly. I mean, there really is no
11 Q So the election, he'd say, for example, like, the election was stolen?
14 Q Do you recall about how many times this happened, in like how many
16 A I don't.
17 Q Okay.
19 transportation issues.
21 meeting actually about the election. He would just make a comment, even though it
23 A Yes.
24 Q Do you remember how it would even come up where he would talk about
25 the election?
31
2 Q A lot of things that had nothing to do with why you were there for the
3 meeting?
4 A Well, we would, of course, talk about what was the topic at hand, but he
5 would also talk about other things that most people would in a conversation.
6 Q Do you recall other comments he made about the election? You talked
7 about the election, you know, being, you know, stolen or rigged. Anything else, any
9 A Actually, I should be more careful, because I'm not quite sure. You know, it
10 all kind of runs together. He would opine upon different things. He probably did opine
15 Q You recall people would just listen and not necessarily engage?
17 Q Do you remember him ever making a comment about how he was going to
19 A No.
20 Q Or how about how he -- any actions that he was taking in connection with
21 the election? Do you remember him talking about cases he was -- his campaign was
23 A No.
24 Q Do you recall -- I'm wondering if you have any better or clear recollection
1 A Probably -- I hate to throw people into the briar like -- in the briar patch like
2 this, but probably whoever worked on transportation issues would be the ones that
4 Q And we are aware of a visit you had at the White House on December 18th,
5 2020. Does that sound around -- not to hold you to it, I know this was quite a long time
6 ago. Could that have been around the time when you met with President Trump and
9 Q You did not. Okay. We had you -- we have White House visitor records
10 that suggest --
11 A You can go through -- I think I thought about that and -- because it was
12 brought up to me that you were kind of concerned about that. And there were
14 parties, holiday parties, and it was kind of expected that the Cabinet person would show
15 up at these parties. So that was probably one of them. I did not see the President.
20 President Trump, do you remember around when they happened? You know, it
23 Q These meetings where you recall the President making comments about the
25 A Oh, it must've been -- I think there must've been a Cabinet meeting right
33
1 after the election. And they're all televised. Although I don't know whether that one
2 was. But, yeah, he lets the cameras in like -- at first it was 5 minutes, and then it was 10
3 minutes, and then it was 15, and then they were covering pretty much the whole thing.
5 Q Okay.
6 A Not super big, but, you know, like a meeting like that.
10 A I said, no, I think. I'm not quite sure. I don't -- I can't remember that
11 clearly.
12 Q So you think it might have been at a Cabinet meeting, at least one of these
13 comments?
14 A I don't -- I don't know, but it was a meeting of -- like, I was not alone with
15 him, and it was -- you know, it was a gathering of some sort, not on that particular topic
17 Q Do you recall any other conversations with President Trump or anyone else
18 in the White House more generally about the results of the 2020 election?
20 Q Did you ever hear President Trump acknowledge that he had lost the
21 election?
23 Q Yes.
24 A No.
25 Q Did you ever hear from anyone that he had acknowledged to them in private
34
2 A No. I'm not too much involved in the politics of, you know, the White
4 Q We've heard from other members of the Cabinet certain points of time
5 when they came to believe that President Trump had lost the election. Was there a
8 Q So on election night, you thought that he had lost the election on that night?
9 A Well, whatever -- whenever the -- it was declared, you know, that he lost.
10 Q So various media outlets, for example, on November 7th, they had called the
11 election for Joe Biden. Is that around the time you think you --
12 A Did I get the date wrong? Sorry. Did I get the date wrong? What was
14 Q November --
16 Q It was -- November 3rd was election day, but the 7th was the day that
17 various media outlets, you know, Associated Press, CNN, they called the election for --
18 A Well, whenever --
20 A I mean, whenever -- you know, whenever it was common consensus that the
2 [3:00 p.m.]
3 BY
4 Q And so when you came to that conclusion that President Trump had lost, did
5 you take any steps then towards a transition to a Biden administration or planning your
7 A I've been through transitions before. Basically the GSA was already
8 moving. They were not allowed to declare the official start of the transition. The
9 White House has to give them permission to do that. So that was unusual. But the
10 transition is ongoing. The bureaucracy is already planning for either eventuality. And,
11 you know, whether the incumbent team wins or whether the new team wins, the
13 Q So you're --
16 A Go ahead.
18 A Oh, no. I was going to say, and then the transition team came on -- literally
21 November 23rd. Do you recall taking steps towards the transition even before
22 November 23rd?
23 A Well, there were certain things that the Department could not do in the
24 absence of a GSA declaration, but there was work that could be done. You know,
25 getting papers ready, getting things organized, wrapping up issues, all of that could go on.
36
1 But as for -- sometimes, in the absence of GSA, again, declaring that the official transition
2 could begin, there were certain documents that could not be transferred over.
3 Q And I believe you made a comment a minute ago that it was unusual about
4 the GSA ascertainment, at least based on your prior experience being a Cabinet Secretary.
5 Can you explain a little bit more what was unusual this time around?
7 even understood that the GSA had a role in all of this, and the transition after the election
8 just occurred.
10 A At the time?
12 A You never gave it another thought. The election occurred, the winners,
13 you know, those who -- you know, the election occurred and the transition would occur,
14 the interactions between the two teams on each side. And it was chaotic. It was
15 difficult because of the pressures of the time, but it was kind of -- you know, it was pro
16 forma. You kind of knew what to do. There was never any question as to whether any
17 legality was concerned about certain transfers of information and, you know, material.
18 Q And did you say this time it was chaotic and difficult? Is that --
20 Q Okay.
21 A They're chaotic on the way out, and they're chaotic on the way in, which is
22 why it was important to have, you know, an orderly transition, because I care about
24 obligation to enable the next team to be able to, you know, have the right materials, to
25 know some of the more sensitive issues which pertain to our transportation sector.
37
2 Q Did you feel that actions were being taken that were preventing you from
3 participating in this orderly transition that you participated before in the George W. Bush
4 administration?
5 A Yes, because GSA did not -- you used the word "attest." They didn't give
7 with the transition. We could prepare ourselves. We could do other things. But in
8 terms of overtly dealing with the new team, we were not allowed to do that.
11 A I think the new team did fairly well. They knew what they were doing as
12 well.
13 Q Okay. But it sounds like you felt like, perhaps, more could have been done
15 A Yes.
16 Q Okay. Did you believe that President Trump should have conceded the
17 election?
20 A But he -- but he clearly -- but a more gracious way of handling this would
21 have been to, I guess, concede, although Stacey Abrams, I understand, never conceded
22 either. I think the President should have attended the inaugural, and he did not. He
24 Q And in terms of concession, did you form that opinion around the time that
25 you came to believe that President Trump lost the election, you know, around the time
38
1 when media outlets had called the election for Joe Biden?
2 A Yeah. I saw no reason -- I mean, I -- yeah, I think it was pretty clear the
4 Q We've heard from other individuals, quite a few White House advisors, who
5 privately had talked to President Trump and advised him about conceding or focusing on
6 his legacy, you know, the accomplishments of the administration rather than the election.
7 Did you talk to anyone in the White House and, you know, share similar advice or
8 have conversations about that topic with anyone in the White House, including President
10 A No, I did not. You know, I don't get involved in politics. I mean, I take
12 Q A book that came out somewhat recently called "This Will Not Pass"
13 reported that you had told a friend sometime in December 2020 -- this is a
14 quote -- "Every day the leader and I wake up saying, 'How do we manage the President?"'
15 You know, is that an accurate characterization of a conversation that you had, you
18 Q Okay.
21 post-Election Day?
22 A Post-Election?
23 Q Post-Election Day, you know, between -- after November 3rd, did you have
25 A I think throughout the whole term, there were -- you know, there were -- I
39
1 had issues at the Department that I was very concerned about, and I wanted enough
2 White House attention and White House resources devoted to these issues. So it's
3 always a concern to make sure that those in the White House are aligned with the
5 Q Did you have concerns that President Trump's, you know, interest in the
6 election and relitigating or litigating the results were taking away from what you were still
8 A No. It was pretty much toward the end. Time was already running out.
10 Q So it sounds like you didn't have any specific concerns related to the election
11 and President Trump's, you know, pursuit of, you know, what he was doing related to the
13 A No. We didn't really discuss -- I mean, I didn't really discuss too much,
14 number one, politics, with the White House folks. I don't discuss politics overall too
15 much. And as I mentioned, the election was lost. We had to get going and kind of
16 wrap things up and take care of people, many of whom are in shock that they actually
17 don't have a job anymore. And it is a vast department. It's got 55,000 people, 20,000
18 contractors. It's very decentralized. It's all over the country. It's a big department.
19 Q You know, we've heard from other Cabinet Secretaries in the post-Election
20 Day period that they had concerns about the quality of advice that President Trump was
21 receiving, you know, before January 6th. And I'll limit it to after Election Day. Did you
22 have any concerns about the advice that President Trump was receiving?
23 A Well, it wasn't until later that we all learned about who he was receiving this
24 advice from, and at the time it was not quite clear, because I wasn't, you know, going to
25 the White House that often. I didn't really hear too much about it, and they were
40
2 Q And when you say "later," are you referring to, like, in 2022, like this year, or,
4 A Probably last year when the news reports came out about who got into the
6 Q So the information that you've learned since then about the advice President
8 A Yes.
10 that you've served as a Cabinet Secretary before and you've participated in a transition
11 process. You know, is there a -- you've touched on this a bit, but is there any other ways
12 that the transition process for you this time around differed from your prior experience in
15 much -- the transition was much more orderly, because it was at the end of two terms,
16 and everybody knew they had to leave, so there was not this upheaval. And
17 then-President George W. Bush and his team were very clear about how we had to
18 cooperate -- not that we had to, but that we should cooperate and facilitate the transition
20 Q Was President Trump or the White House clear that you should participate
22 A Not at all. In fact, they-- again, they forbid us from -- they -- we were not
23 allowed to proceed with the transition until GSA declared, you know, attested that it was
24 okay to go forward.
25 Q And what about after GSA declared to go forward, did you get the message,
41
1 you know, loud and clear that you should participate and facilitate the transition?
2 A No. But it's the right thing to do, and I know what to do. I've been
3 through transitions before, and I've been through transitions in which the time is
4 shortened. So the transition time is very valuable to the other side as well.
5 Q We've heard from others that prior to January 6th, they had concerns that
6 President Trump would not participate in a peaceful, orderly transition of power. Did
8 A I've never heard him say that. And, you know, you hear things from other
10 Q If you, yourself, had concerns that President Trump would not participate in
11 an orderly or peaceful transfer of power, you know, he would take some actions, aside
13 A No. No, it never would have occurred to me. I would not have believed
14 it.
15 Q Okay. Were you aware of anyone in the Cabinet who had those concerns?
16 A No.
18 Cabinet about what you should do to ensure an orderly transition of power to the next
19 administration, you know, aside from what the White House was saying or not saying?
20 A I know what I'm doing. I operate pretty independently, and I know what
21 needed to be done. So the GSA attestation was important because it disallowed many
23 directed that it be done. And then until GSA allows the transition to go forward, you
24 know, then that was the final step of the transition. But we did as much as we could
25 during the transition that I knew needed to be done so that when the GSA attestation
42
2 Q Since you've been through a transition before, did you share any advice to
3 any of your colleagues since you've been through it and others may not have been
4 before?
6 Okay. Understood.
9 BY
10 Q Secretary Chao, other than the delay, the GSA delay in allowing you to move
11 forward, were there any other sort of specific things that you could point to that were
13 A I think that was really key. I mean, for those of us that knew what to do,
15 Q Yeah. Once it was released, though, was that it; you proceeded as if it
18 Q Right.
19 A The teams could talk, and then the new team can basically, you know -- and
20 they must have had lots of questions, and then they could have engaged.
21 Q Yeah. I appreciate it. I know how it works. I'm just wondering if once
22 that switch was flipped and the GSA gave what's called an "ascertainment," were there
23 any other things that the White House did or didn't do that made it more difficult, or was
25 A Again, I know pretty much what I'm doing, and so, you know, I did what I
43
2 Q Okay. And I just wanted to go back to the quote from "This Will Not Pass."
3 I understand that the quote may be inaccurate, but I'm just looking for the underlying
4 sentiment about managing the President. I'm just wondering if you felt, at any time,
5 that it was difficult to manage the President or you needed to take affirmative steps to do
6 so. And if you could sort of share with us more what triggered that -- if you had that
7 concern, what triggered that and what steps that you took?
8 A I think you have to understand who you work for, and how to get to them,
9 how to help them understand what you are saying, to understand their moods, to
10 understand their -- you know, where they -- what their background is, and how they
11 receive things, something as simple as whether they receive things verbally, or whether
12 they receive information, you know, on paper or something -- or sometimes you have to
13 channel information through, you know, a friend, a trusted person. But I do not -- I do
14 not remember making that kind of a statement, and it's pretty -- if you think about it, I
17 A It's also saying, you know, the focus is there every day, so I don't remember
19 Q Yeah. And, again, I'm not -- I don't want to go back to the statement. I'm
20 just thinking more generally, what did you learn about the person for whom you worked,
21 in terms of managing him, how to convey information, how to get his attention? Were
22 there lessons that over the course of the 4 years impacted that relationship, your
24 A Well, I think for anybody who works for -- you know, management goes all
25 the way around. There's management down, there's management up. And I
44
1 learned -- I never -- I didn't really know him, so I learned that he liked to have things in
2 short spurts, that he liked things that are visually presented rather than in writing, and
3 that he had lots of opinions about lots of issues. And so, you know, to talk about a
4 particular issue, it's helpful to enlist other people to kind of be messengers as well.
7 Were there other people in particular that you enlisted to convey information or
10 transportation issues.
14 Sure.
20 I can, yes.
21 Mr. Crosland. Okay. Sorry. I think you had a question pending. We may
23 Sure.
24 BY
25 Q And, Secretary Chao, I appreciate that. And I'm not -- let me clarify. I am
45
1 not looking for sort of granular transportation-specific issues. I'm wondering more
2 generally if in your 4 years of working for President Trump, if there were people that were
3 messengers or whose opinion he trusted who you enlisted on anything that -- again, I'm
4 not interested in the FAA. I'm interested in more broadly who he listened to, who was
5 important when he was making decisions. To the extent you have any views on that, it
6 would be helpful.
7 A Well, I'm not so sure he trusted anyone, but I found Gary Cohn -- that's why,
8 you know, I hate to involve other people. I mean, everyone is just trying to live their
9 own lives these days, and to have to hire lawyers or to have to get involved -- it's an
10 important issue for our democracy, of course, but, you know, I just hate to drop
11 somebody in. But Gary Cohn was one of those people who was very helpful.
12 Q I see.
13 A Yeah, he was really smart, and he was gutsy, and, you know, he was a quick
14 study. And so, you know, I would go to Gary and allies like him and just -- but it would
15 change in particular, whatever the issue is and how -- what the momentum was at the
16 time and what the dynamics was. You know, it kind of changes.
17 Q Yeah, I appreciate that. I understand that Mr. Cohn was actually gone
19 How about the President's family? Did you find that they were influential or
21 A I had interaction with them, but I did not really ask them for help either.
22 Q I see.
24 Q Uh-huh. Okay. Anyone else then besides -- and I appreciate your concern
25 about involving other people, but I'm just -- again, anyone that you thought that he would
46
2 A It really depended on the particular issue and what was happening at the
3 time, who he was close to at the time, what he felt. I mean, that all -- it was very
4 dynamic.
5 Q Yeah. Right at the end, were there people that were particularly close to
6 him?
7 A At the end --
8 Q The end of the administration, right around the time of the election and the
9 transition.
10 A It was hard to say. He had so many contacts. He would hear from people
11 outside of the administration. He would call people -- this is what I hear. He would
12 call people. It wouldn't go -- and they were not -- the calls were not logged in. So he
14 Q All right. Secretary Chao, is there anything else that we have not asked you
15 about this that you think is important? And I know I asked you that before about
16 January 6th, but anything more broadly that you want to make sure we know before we
17 stop?
21 All right. Secretary Chao, again, I appreciate this. You did this voluntarily, and
23 spend some time with us to go through your own process of hiring lawyers and the
24 inconvenience of it.
2 Thank you.
1 Certificate of Deponent/Interviewee
4 I have read the foregoing _ _ pages, which contain the correct transcript of the
10 Witness Name
11
12
13
14 Date
15