Page:CTRL0000034610 - Deposition of Keith Kellogg, Jr., (Dec. 14, 2021).pdf/32

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States?

A I don't know what they were giving him because I wasn't a legal adviser there. But I will tell you, the lawyer was in the room. And my experience, again, when it goes back to the Oval, what I said earlier, if you have an opinion, you better speak up. Because, you know, it goes back to an old military term: Silence is consent.

If you're not saying something, then you agree with what's being said. And he, when I was in the Oval that morning, he didn't say a word.

Q And what was the President saying?

A He was talking to the Vice President on the phone.

Mr.  . Do you want to save this for later?

Mr.  . I think we're going to get to that.

Mr.  . Okay.

Mr.  . But we're interrupting you. I'm sorry.

Mr.  . That's okay.

Mr.  . Just to follow up then, when you said that the President was getting different advice from his lawyers than what the Vice President was getting, how do you know that?

The Witness. Well, I make an assumption, and I don't know it. And the assumption is words to the effect—and,  , I can't be that precise—but he implied that his lawyers were telling him—when I say his lawyers—were telling him something different, and that was on the telephone calls. So the assumption I made is somebody is telling him legally that that's it.

I have a—my brother is a judge, so I get this where he tells me, you get three lawyers in the room, you get three opinions. So I don't know. I didn't—but it wasn't my lane. So it was one of those where I said, okay, I'll just—I'm not going to say, "What