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18

MR. LEVY: Okay. The letter that we had talked about last week said voluntary interview, which we thought was covered by a different set of rules. We're happy to follow whatever rules govern. Of course, we're going to follow the rules, but just want clarity on what they are.

MR. SCHIFF: The only thing I will say is we had this issue come up with a witness who was subpoenaed, and we read the advisement that those privileges are not -- they are not recognized.

So the only thing I would commend to you is you can assert whatever privilege you want today, but if the majority decides that they need more information, they'll have to bring you back under subpoena. Then those privileges won't be recognized.

So I think the more information you're able to give today, the greater likelihood we won't have to bring you back under a subpoena.

MR. LEVY: Understood. And that's our aim today is to cooperate as much as we can with the entire committee today. I appreciate that. And while we've not yet seen a copy of the letter, we understand that the letter was going to withdraw the subpoena. We have it now. Okay. And let me just -- no, this is not the letter.

MR. CONAWAY: No, it's one signed by me.

MR. MUSE: The subpoena has been withdrawn. We have that.

MR. LEVY: Because I believe in the other situation the members are referencing, the subpoena was not withdrawn.

MR. SCHIFF: Correct. I mean, you're not under subpoena at this moment, but my point is the more forthcoming you can be, the greater the likelihood you won't have to be brought back under subpoena.

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