Today, miss courtney ellwood, the president s nominee to be the next general counsel of the Central Intelligence agency. Courtney, congratulations on your nomination. Id like to recognize your husband john. John, wave your hand there. Thank you. Whos in attendance today and i thank you for the support you give to courtney. Courtney, you served the country with distinction in your Previous Post at the white house in the department of justice and we appreciate your continuing willingness to serve. Our goal in conducting the hearing to enable the committee to consider miss ellwoods qualifications and allow for thoughtful determination by our members. Shes already provided answers to 90 questions presented by the committee and its members. Today, of course, members will be able to ask additional questions and hear from miss ellwood in the open session. Courtney comes before the committee with a distinguished legal career. After graduating Yale Law School in 1994, courtney clerked for the u. S. District court of appeals for the fourth circuit, after which she went to clerk for chief Justice William rehnquist of the Supreme Court. Courtney then took a job as an associate at kellogg, hubert, hanson and the same firm where she is now a partner. In january 2001, she left the firm as associate counsel to the president. Rising to the ranks of deputy counsel to the Vice President. And then deputy chief of staff and counsel could to the attorney general. During the extremely difficult times in days and weeks after 9 11, miss ellwood provided sound Legal Counsel to our nations leaders as they considered what tools the Intelligence Community needed to combat terrorism and secure our nation. Miss ellwood, youve been asked to serve as the chief league operative of the Central Intelligence agency at a time when the agency and the Intelligence Community as a whole faces complex legal questions, and a host of challenging priorities. The cias general counsel must provide sound and timely legal advice to the director. And must manage an office responsible for legal oversight and compliance at the worlds premier intelligence agency. More than that the cia general counsel maintains a vital public trust. Part of your job will be to ensure for the American People that above all, the agency operates lawfully, ethically, and morally. Since you left Government Service, the nature and number of challenges and threats the Intelligence Community is tracking have multiplied significantly. While americans continue to engage in robust debate about which intelligence authorities are right, appropriate and lawful. I expect you to ensure that the agency operates within the bounds of the law. And to ensure that the office of general counsels position to provide the best legal advice possible to director pompeo and to the agency as a whole. This committee has received letters of support from your current and former colleagues. And a letter of support signed by those who have served in both democrat and republican administrations. Your former colleagues praised your acumen, integrity and judgment. And i quote, deep respect for the rule of law. Jack goldsmith, a professor at the Harvard Law School who has known you since you were a law student at yale, referred to you as a superb, independent minded lawyer. A letter from the d. C. Bar Association Committee on National Security policy and practices highlighted your deepseated commitment to the rule of law and to our democratic principles. And your colleague ben powell former counsel to the dni had this to say. Shes simply one of the finest lawyers and persons ive ever worked with in my career. After meeting you, its easy to see how you garnered such widespread consistent accolades. I know that your strong moral compass and sharp legal mind will serve you well as the general counsel of the Central Intelligence agency. As i mentioned director pompeo in his nomination hearing, i can assure you that this continue will continue to faithfully follow its charter and conduct vigorous and realtime oversight over the Intelligence Community, its operations and its activities. Well ask difficult questions. Probing questions of you and your staff. And we expect honest, complete and more importantly timely responses. I look forward to supporting your nomination. And ensuring its consideration without delay. Thank you again for being here. And for your service to the country. I look forward to your testimony. I now recognize the vice chairman for any Opening Statements he might make. Thank you, mr. Chairman. Welcome, miss ellwood. Again, congratulations on your nomination to serve as general counsel to the cia. I see john as well. Although i do have to question to legal degree your function by bringing in my colleague tim kaine as an introducing factor. Obviously, this is a tremendous responsibility. One requires a careful review of the qualifications and character of the individual nominee. And i echo a lot of the comments that the chairman has made. If confirmed youll be sitting at a critical intersection between intelligence and policy making. As the cias top legal officer, the direct letter turn to you to make judgments on whether a contemplated activity is legal or not. This job requires a leader with unimpeachable integrity and unwavering commitment to the constitution and laws of the United States who will apply sound legal intelligence and a task to the agency. During a chance that we had a chance to visit you and ial agreed that politics has no place in the cia general counsel office. We discussed the need to follow the law, including the army field name to ensure that torture does not tarnish the reputation of the Intelligence Community or this country again. Miss ellwood, during my questions ill again want your public assurance that youll always seek to provide unbiased ungarnished and timely Legal Counsel to director of the cia, even when doing so might be inconvenience or uncomfortable. Obviously, there will be a number of challenges that will require that kind of legal judgment going forward. Those challenges will include making sure we continue to protect the privacy and Civil Liberties of americans. The increasing use and relevance of vast amounts of Public Information creates a significant challenge and opportunity for the whole cia and the whole ic. Weve got to always make sure that we are protecting the privacy and civil lints of United States citizens, as we take on these new tools moving forward. An issue that i know has a number of us on the committee very concerned about. And i think will come back again as inscriptioencryptioiencrypti. Intelligence needs to find way to access needs of our adversaries while protecting privacies and american personal ingenui ingenuity. I believe we cannot tie the hands of our leaders by unilaterally tying them. The rapid change of Information Technology enables significant sharing of classified information and we must find work to find ways to have the appropriate level of sharing. And finally a subject thats been to a lot of the attention of the committee recently. Chairman burr and i have agreed to conduct a review Intelligence Communitys assessment. That russia, at the direction of president Vladimir Putin sought to influence the 2016 u. S. President ial election. Its important that all americans to an extent fully understand the extent of russias involvement. It is vital that the cia pursuant to your legal guidance support our investigation to the maximum extent possible. And allow this committee to follow the facts wherever they may lead. This is a charge i know i take seriously. All of the members of the committee take seriously. On behalf of the American People, and we will continue to pursue this both thoroughly and expeditiously. I will, again, during my questions ask you to admit to me and all members of the committee, that youll fully cooperate with this review. And that you will do all you can to ensure that weve provided the information weve required to conduct it. With that again, thank you for being here, miss ellwood and i look forward to todays hearing. Theyre mr. Chairman. Thank you. Id like at this time to recognize our colleague the distinguished league from virginia, tim kaine, who will introduce miss ellwood. Senator kaine. Thank you, this is an honor. One of my favorite things to do in the senate is to bring talented virginians to the body who are committed to Public Service and ms. Ellwood is such an individual. Im just going to warn you, doing this in front of my senior senator. And also the only alexandria native in the senate. Senator king from maine makes me feel a little bit nervous. And some of you need to know the nonvirginians need to know that ms. Ellwood lives down the street from senator warner and on that score, mark, will you take your Christmas Lights down that was a joke. Actually, she has trick or treated at senator warners house and the first test of her discretion as an intel professional is not revealing the costumes shes seen over the years. We have deep talented pools of wonderful people who are Public Servants. And Public Servants often dont get the thanks they deserve. And they dont get the appreciation they deserve. But bringing somebody before this committee or others who is willing to serve in a really important position does give me a real sense of pride. I think that people who arrive here, theyre creatures of their experience. And so frequently, that experience begins with an upbringing in Lessons Learned through kids, through parents, teachers, grandparents, counselors and other mentors. And with ms. Ellwood, thats no exception. She had a foundation in family that really laid the groundwork for her Public Service career. Her father the late general edward Edwin Simmons served in world war ii, korea and vietnam in the United States marine. And his legacy continues one of the marines corporate at quantico was named after her dad. Her mother was a Public Servant as well, working in Foreign Service before settling in virginia. Courtney has been a pathbreaker in her career. She was in the first class of a high school that was formed through the merger of two very competitive high schools. And this first class had to create new traditions and bring together folks who had been, at least on the athletic fields, rivals before. And then she went to washington lee for undergrad where she was in the second class of women. And people used to say she must be a feminist because she raised her hand. So shes been willing to be a pathbreaker and has had encouragement from family to do that. When courtney finished she went to Yale Law School. And she worked with our senate colleagues. The younger senators bennett and coons who were at law school at the same time. Shes now worked in the Legal Profession for 20 years. And the chairman went through some of her experience, including Public Service experience, serving as a clerk on the fourth circuit. Serving in the very prestigious position as a clerk on the Supreme Court for chief justice rehnquist. As counsel in the white house. The office of Vice President , the department of justice. And i also know many of courtneys law partners in private practice well. And its a private firm that is filled with people who are public spirited. Democrats and republicans. They appreciate those who are public spirited. And i know courtney has absorbed that lesson from that as well. Courtney, i know will talk about her family, her husband john is here. The two boys 15 and 12 live in alexandria. Theyre in school today. But ill just conclude and say so much of what we do depends upon the talent of the people that we bring into these very difficult positions with courtney ellwood, you have somebody of a sterling professional background but more importantly with a sterling reputation for integrity that is necessary in the cia and general counsel position. Its my honor to present her to the committee. As i said to the chairman i have a bill being marked up in the health committee. Usually my bills actually go better when im not there. But i probably should at least go up to make sure that thats okay. I hope youll excuse me so i can head upstairs. Tim, thank you. Youre excused. And if you would shepherd my bill through as well. Thank you so much. I was hoping wed have a chance to question senator kaine. I would second that. I think id prefer to do that in closed session. Mrs. Ellwood, would you please stand and raise your right hand do you solemnly swear to give this committee the truth, the full truth, and nothing but the truth so help you god . I do. Please be seated. Courtney before we move to your statement, id like to ask you to answer five questions that the committee poses to each nominee who appears before us. They require just a simple yes or no answer for the record. Do you agree to appear before the committee here or in any other venue when youre invited. Yes, sir. And if confirmed do you agree to send officials from your office to appear before the committee and designated staff when invited . Yes, sir. Do you agree to provide documents or any other materials requested by the committee in order for us to carry out our oversight function and legislative responsibilities . Sh, consistent with the law. Will you both ensure that your staff provides materials when requested. Yes, consistent with the law. Do you agree to fully brief to the fullest degree possible all members of this intelligence act tifivities and covert actio with only the chair and vice chair . Again, consistent with the law, yes, sir. Thank you, well proceed with your Opening Statement by which ill recognize members of seniority up to five minutes. Miss ellwood, welcome and the floor is yours. Thank you, chairman burr, vice chairman warner, members of the committee. It is an honor to appear before you to be the nominee to be general counsel of the Central Intelligence agency. I want to thank President Trump and director pompeo for their trust and confidence in me. I also want to thank senator kaine for that nice introduction. It was a great privilege and pleasure to meet not just one but both of my home state senators as part of this process. Id like to use this opportunity to tell me a little bit about me and what i view as essential qualifications for a cia general counsel. I come from a National Security family. As senator kaine alluded my father dedicated his life to the Marines Corps and this country, she went 36 years seeing world war ii, korea and vietnam. There is little doubt that good intelligence kept him and his men alive during those years. He would later write about the remarkably good intelligence brought by bold foreign agents during his fight at the chisholm reservoir. When dad returned home from vietnam in 1971, he formed mat Marine Corps History Division which he led for 24 years. He was a prolific author of military histories and he supported the work of many other military historians. He did so because he believed that dlthere were lessons to be learned from the great achievement its and mistakes of u. S. Warfare. Mistakes that future generations must not forget. My mother in her own way, was no less brave and tough than her marine husband. She overcame poverty and more than her share of lifes adversities, to have a career in the Foreign Service before she married and raised our family. The lessons around our Kitchen Table were about personal responsibility, honor and valor. We were taught to adhere to our principles, even if it comes at great personal or professional sacrifice. We were taught there is a clear difference between right and wrong. And we heard stories about americas place in this world as a force for good. If my parents were alive today, they would take great pride in my being considered do for this position. It is thanks to them that i believe i have some of the necessary qualifications. Chairman burr has spoken about the first prerequisite, unwavering integrity. In addressing director pompeos fitness for his position, chairman burr rightly observed that because the cia is an agency that works in the shadow, it requires a leader to be unwavering in integrity to ensure that the operation opera operates ethically and morally. I believe the same holds true for its general counsel. I hope and believe that people who know me well will tell you that im a person of integrity. I certainly have lived my life with that goal at the forefront of my mind. A second prerequisite for the job is independence. There have been many times in my life where it would have been easier to go along to get along. But i havent done so. When the law or circumstances have required, i have told clients and superiors things they didnt want to hear. If i were not prepared to do the same in this position, i would not accept the challenge. And