IN THE SUPERIORCOURTOF FULTONCOUNTY

STATEOF GEORGIA
STATEOF GEORGIA,

V. Case No.
JEFFREYB. CLARK,ET AL., 23SC188947
Defendants

AFFIDAVITOF JEFFREYBOSSERTCLARK

1. My name is Jeffrey Bossert Clark. I am a Defendantin a Criminal Indictment,

State of Georgia v. Donald J. Trump, et al., FultonCountySuperiorCourt, Case

No. 23-SC-188947.

2. I am a citizenand residentof the Commonwealth

of Virginia.

3. I have never residedin, nor have I ever beendomiciledin Georgia.

a. I do not transactany businessin Georgiawithin the meaningof Georgia

O.C.G.A.§ 9-10-91(1).

b. Apart from hiringcounselin Atlanta,Georgiain late 2021 to representme

in connectionwith (1) the investigationof the U.S. HouseJanuary6 Select

Committee (whichrequiredmy counselto travel to Washington,D.C. and

file papers here, not the other way around), (2) an investigation and

disciplinecase broughtby the D.C. Bar, and, most recently,(3) the above-

referencedcriminal matter,I do not "regularlydo□ or solicit□ business, or

engage□ in any other persistentcourse of conduct,or derive□ substantial

revenuefrom goods used or consumedor servicesrenderedin" Georgia.

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 O.C.G.A.§ 9-10-91(3).I did not selectcounselin Georgiafor the House

inquiry(whichgrew into the later two matters)basedon any factor other

than a preexistingprofessionalrelationshipestablisheddating back to

D.C.Circuitlitigationoccurringduringthe ObamaAdministration
whereinI

representeda D.C. tradeassociationand Georgiacounselrepresenteda

publicinterestlaw firm in that State.

c. I do not "own □, use□, or possess□ any real propertysituatedin" Georgia.

O.C.G.A.§ 9-10-91(4)

d. I am not now,nor haveI ever been,subjectto thejurisdictionof a Georgia

court in any matterinvolvingdomesticrelations.O.C.G.A.§ 9-10-91(5)-

(6). Nor haveI evermaintaineda matrimonialdomicilein Georgia.

4. At all times referencedin the Indictment-namely,between"28 December2020

and 2 January2021":

a. I was a citizenandresidentof the Commonwealth

of Virginia.

b. I served as a Senate-confirmed
AssistantAttorney General,tasked to

head the U.S. Department of Justice's Environment and Natural

ResourcesDivisionand later the Civil Divisionas well. A copy of my

Commission,a press release announcingmy appointmentas Acting

Assistant Attorney General for the Civil Division, and my letter of

resignationfrom both of my JusticeDepartmentpositionsdated January

14,2021are attachedas Exhibits1, 2, and 3, respectively.

c. I exercisedmy statutoryauthorityand carriedout my responsibilities

as a

Senate-confirmed
officer of the UnitedStates in the Robert F. Kennedy

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 Building,the "MainJustice"headquartersof the UnitedStatesDepartment

of Justice,and in other locationsin Washington,D.C., includingthe White

House. On occasion, I would travel to the Pentagonto engage in my

official duties as well. The Pentagon is located in Arlington County,

Virginia. I would also travel from time to time to argue cases in federal

courts around the country and to visit U.S. Departmentof Justice field

offices. For instance,the EnvironmentDivision'slargest field office is in

Denver,Colorado.

d. I do not recall ever makingan officialtrip to Georgiaduring my tenure in

the Trump Administration.During my tenure in the Bush Administration

from 2001-2005,whereI also servedin the U.S.JusticeDepartment,I did

oncetravel to Atlantato arguea casein the EleventhCircuitaround2004.

e. During the period referencedin the Indictment-namely, 28 December

2021to 2 January2021:

i. All of the acts alleged as to me in the Indictmentare alleged to

haveoccurredin the Districtof Columbia.

ii.Count22 of the Indictmentand Acts 98 and 99, on their face, assert

that I was engaged in confidentialand constitutionallyprivileged

communicationsthat are allegedto have:

1. Occurredin Washington,D.C. and entirelywithin the highest

leadershiplevelsof the U.S.Departmentof Justice;and

2. Occurredin Washington,D.C., solely among myself, then-

Acting United States Attorney General Jeffrey Rosen, and

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 United States PrincipalAssociate Deputy Attorney General

RichardDonoghue;and

3. Involved the transmission of the alleged written

correspondenceover the official email system of the U.S.

Departmentof Justicewithin Washington,D.C. and not to or

within Georgiaor any other State.

5. I was not the source of any anonymousleaks to the New York Times that were

the basisof that periodical'sstoriesfrom late January2021 regardingthe alleged

draft letter or relatedconductthat I allegedlyengagedin as referredto in Count

22, or any of the alleged internal discussionsregardingthe draft letter at the

Department of Justice or with anyone at the White House, including the

President.Nor do I knowwho was the sourceof these leaks.

6. Prior to the publicationby the New York Times on January22, 2021 of a story by

Katie Bennerentitled Trump and Justice Dept. Lawyer Said to Have Plotted to

Oust Acting Attorney General, available at

https://www.nytimes.com/2021/01
/22/us/politics/jeffrey-clark-trump-justice-

department-election.
html (last visited Oct. 30, 2023), neither the alleged draft

letter nor the discussionsreferredto in the Indictmentwere public knowledge,

and to my knowledgethey were unknownto anyonein Georgia.

7. I served a total of morethan six years in the U.S. JusticeDepartmentacrosstwo

presidential Administrations(from 2001-2005& from 2018-2021).I supervised

1,400+ Justice Departmentlawyers across the United States in total during that

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 span of time. I am thus deeply experiencedin the Department'sinternal

operations.

8. JusticeDepartmentlawyersare boundto followfederalconstitutional,statutory,

and regulatorylaw. The Justice Departmentdefendsfederalprogramsof many

differenttypes againstchallengesbroughtby Statesor local governmentsthat

seekto intrudeinto federalpolicymakingprerogatives.The federalgovernment's

operationswouldbe paralyzedif the JusticeDepartmenthadto consultthe mass

of variegatedstate or local law before engagingin federal law enforcement,

defenseof federalinitiatives,or othercategoriesof federalaction.Unlesswriting

legal memoranda,briefs, or other legal work product where choice-of-law

principleshappen to dictate the applicationof state law, Justice Department

lawyersconfinethemselvesto interpretingand applyingfederallaw, which can

involve preemptionof state/locallaw. The federal government'ssphere of

~ ,m.: me,th~ 10131/2023

day of 16:33,10/31/2023.

Noir,/~~
My commissionexpires: •I 't 1 2,-07..7

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EXHIBIT 1
EXHIBIT 2
Office of Public Affairs | Acting Assistant Attorney General Ethan P. D…es Departure from Civil Division | United States Department of Justice 9/4/23, 12:37 PM

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Justice.gov Office of Public Affairs News Press Releases Acting Assistant Attorney General Ethan P. Davis Announces
Departure From Civil Division

News PRESS RELEASE

All News Acting Assistant Attorney General

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Ethan P. Davis Announces Departure
from Civil Division
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Tuesday, September 1, 2020 For Immediate Release

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Acting Assistant Attorney General Ethan P. Davis of the Department of Justice’s Civil Division
Videos announced his departure from the Department today, effective Sept. 7, 2020. Assistant Attorney
General Jeffrey Bossert Clark of the Environment and Natural Resources Division will replace
Mr. Davis.

“I want to thank Ethan for stepping up and leading the Civil Division these last few months,” said
Attorney General William P. Barr. “Ethan is an outstanding lawyer – his work has been integral to
the Civil Division’s successes over the past few years and I know his talents and leadership will
Archived News be sorely missed. I also want to thank Jeff Clark, who has done a fantastic job leading the
Department’s Environment and Natural Resources Division, for stepping in to lead the Civil
Division after Ethan’s departure.”

“I am honored and humbled to have served alongside the dedicated lawyers and staff in the Civil
Para Notícias en Español Division,” said Acting Assistant Attorney General Ethan P. Davis. “Many of the most talented
people in the federal government work in the Civil Division, and I am grateful to Attorney
General Barr for giving me the opportunity to serve.”

Mr. Davis joined the Civil Division in 2017 as the Deputy Assistant Attorney General for the
Consumer Protection Branch, where he oversaw civil and criminal enforcement actions designed
to combat the opioid crisis and fraud on elderly Americans. Mr. Davis also served on the Deputy
Attorney General’s Corporate Enforcement Working Group, which developed and implemented
several significant policy reforms. After a year clerking for Justice Neil Gorsuch on the Supreme

https://www.justice.gov/opa/pr/acting-assistant-attorney-general-ethan-p-davis-announces-departure-civil-division Page 1 of 4
Office of Public Affairs | Acting Assistant Attorney General Ethan P. D…es Departure from Civil Division | United States Department of Justice 9/4/23, 12:37 PM

Court, he returned to the Justice Department as the Civil Division’s Principal Deputy Assistant
Attorney General, and later the Acting Assistant Attorney General. In those roles, he supervised
the Division’s civil defensive work, as well as implementation of the Division’s corporate
enforcement policies, including the voluntary disclosure, cooperation, and remediation policies.

Under Acting Assistant Attorney General Davis’s leadership, the Civil Division has used every
enforcement tool available to prevent wrongdoers from exploiting the COVID-19 crisis. In
particular, Mr. Davis focused on the use of the False Claims Act (FCA) to address fraud and other
illegal activity related to the COVID-19 stimulus programs, including the Paycheck Protection
Program, the Main Street Credit Facility, and the provider relief fund. Mr. Davis also prioritized
enforcement of the Food, Drug, and Cosmetic Act (FDCA) against fraudulent COVID-19 tests,
treatments, purported cures, and other products. For example, in August 2020, the Civil
Division, working with agency partners and the U.S. Attorney’s Office for the Middle District of
Florida, obtained a Temporary Restraining Order against a defendant that operated hundreds of
websites that fraudulently purported to sell products that became scarce during the pandemic,
including hand sanitizer and disinfectant wipes.

During Mr. Davis’s tenure, the Civil Division also fought the opioid epidemic through actions
under the FCA, the FDCA, and the Controlled Substances Act. The Civil Division pursued
criminal and civil investigations into pharmaceutical companies, pharmacies, health care
providers, and other entities for alleged unlawful activity related to the opioid crisis. In one
matter, for example, the Civil Division and the U.S. Attorney’s Office for the District of Vermont
reached a $145 million resolution with an electronic health records company for soliciting and
receiving kickbacks from a major opioid company.

Additionally, under Mr. Davis’s leadership, the Civil Division also took aggressive steps to combat
fraud on elderly Americans. The Civil Division prioritized using the FCA to pursue nursing homes
that provide substandard care to residents, as well as other statutes against individuals and
companies that use fraudulent robocalls to prey on American seniors. In August 2020, for
example, the Civil Division and the U.S. Attorney’s Office for the Eastern District of New York
successfully secured a permanent injunction barring two individuals and two companies that
transmitted massive volumes of fraudulent robocalls from conveying any telephone calls into
the U.S. telephone system.

Updated September 1, 2020

Topic

OFFICE AND PERSONNEL UPDATES

Components

Civil Division Office of the Attorney General

Press Release Number: 20-861

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Office of Public Affairs | Acting Assistant Attorney General Ethan P. D…es Departure from Civil Division | United States Department of Justice 9/4/23, 12:37 PM

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EXHIBIT 3
 Case 1:23-cv-03721-SCJ Document 4 Filed 08/22/23 Page 7 of 8

January 12, 2021

The President
The White House
Washington, D.C. 20500

Dear Mr. President,

Effective as of Thursday January 14, 2021 at noon Eastern Standard Time and pursuant to
the Memorandum for Presidential Appointees regarding Letters of Resignation dated January 7,
2021, I hereby tender my resignation from the two positions you appointed me to at the
Department of Justice — the Assistant Attorney General of the Environment & Natural Resources
Division and the Acting Assistant Attorney General of the Civil Division.

It has been my profound honor to serve as the leader of the Justice Department’s
Environment Division since 2018 and of its Civil Division since the Fall of 2020. I am deeply
thankful both to you for giving me the professional opportunity of a lifetime to guide and direct
the roughly 1,400 lawyers comprising those two litigating Divisions and to the Senate for their
vote of confirmation in October 2018.

In the most recent fiscal year for which there is complete data, the Environment Division
obtained $858 million in civil and criminal fines, penalties, and costs recovered for the United
States, with the injunctive relief we secured stacking another $3.4 billion on top of that. And by
way of comparison, in just one slice of the work of the immense Civil Division, we recovered $2.2
billion in settlements and judgments to remedy fraud and false claims perpetrated on the United
States in fiscal year 2020. It is a singular privilege to protect and nourish the public fisc in these
ways.

But I am perhaps most proud of my close and intense work with your Council on
Environmental Quality on reforming the National Environmental Policy Act’s (“NEPA’s”)
regulations for the first time in 40 years. I also successfully defended those regulations on my
feet in court against two challenges — one trying to block the regulations from ever becoming
final and one trying to stop them in their tracks a short time after they were promulgated and
 Case 1:23-cv-03721-SCJ Document 4 Filed 08/22/23 Page 8 of 8

published. NEPA reform is just one of the ways I assisted the Administration in “right‐sizing
regulation,” which I think of as vigorously protecting the environment, but in more efficient
ways that lower compliance costs, allowing the national economy to grow and prosper.

In addition to managing the Environment and Civil Divisions, I also maintained an active
personal litigation docket, arguing the most cases of any Assistant Attorney General in 2017‐2021,
most of which were cases in the federal courts of appeal. That work also brought significant
victories (indeed, an 88% win rate) for the Office of Management and Budget, the Office of Science
and Technology Policy, the Environmental Protection Agency, the Chemical Safety Board, as well
as the Departments of Agriculture, Commerce, Defense, Energy, Interior, State, and
Transportation.

Thank you again for the humbling opportunity to serve. My tenure in your
Administration spanned two Attorneys General — Sessions and Barr — and two Acting
Attorneys General — Whitaker and Rosen. I learned much from each of those colleagues and
their approach to public service.

I wish you well in your own return to private life. And I hope you will join me in praying
for the Nation’s best welfare in trying times.

Sincerely,

Jeffrey Bossert Clark