standing. We had asked OLC and the Office of the Solicitor General to take a look at that. They had done the analysis and that, in their view, we did not have standing. Because we really don't represent the American people directly; we represent the Federal Government. And the Federal Government does not have standing to challenge the way a State conducts its own elections.
He could not understand that. He was very animated, saying, you know—I recall him saying over and over, "How is that possible? How can that possibly be?" And, again, from a layman's point of view, I understand his perspective, but we tried to explain it to him, that as a legal matter we couldn't bring it.
Q Was there discussion during this meeting, Mr. Donoghue, about the possibility of his appointment of a special counsel to investigate allegations of election fraud?
A He did mention appointment of a special counsel in at least one of the meetings. I'm pretty sure it was this one. It might've been both. It might've been mentioned in passing on the 15th, but I don't specifically remember that.
He did say, "This sounds like the kind of thing that would warrant appointment of a special counsel." He didn't say, "I'm directing you to appoint a special counsel." He did not say, "If you don't, I will," or anything like that. But he certainly was making the suggestion that it was clearly something he was interested in having us do.
Q Uh-huh. Did he mention any potential people inside or outside the administration who could serve that role?
A I do recall at one point he said, "I think Ken Cuccinelli would make an excellent special counsel." And Ken Cuccinelli was not there when that comment was made, and that's why I think that comment was made on the 31st, because Ken was not at that meeting.
