Devon Archer Transcript
Devon Archer Transcript
Devon Archer Transcript
6 WASHINGTON, D.C.
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17 Washington, D.C.
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20 The interview in the above matter was held in room 6480, O'Neill House Office
2 Appearances:
14 MINORITY COUNSEL
15 MINORITY COUNSEL
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22 SUMMER ASSOCIATE
3 Comer has requested this interview as part of the committee's investigation into the
4 Biden family's influence peddling and extensive receipt of money from foreign nationals
6 Would the witness please state your name for the record?
9 want to thank you, Mr. Archer, for your appearing here today. The committee
13 I will now ask everyone else on the majority and the minority, including the
14 Members, to please introduce yourselves around the table. We can start with the
15 Members.
25 Democratic staff.
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1 Democratic staff.
2 Democratic staff.
3 Democratic staff.
4 Democratic staff.
6 I'd like to go over a few ground rules and guidelines that we will follow during the
8 First, our questioning today will occur in one round. The majority will ask
9 questions for up to 2 hours, and then the minority staff will have an opportunity to ask
11 These are accommodations that we've made at your attorney's request, and they
12 are contingent upon your attorney's representations to the committee that you will be
15 is scoping the topics, and we provided our documents in advance of this interview.
16 Again, we made these accommodations with the understanding that you would give
18 Typically, we take a short break at the end of each hour, but if you would like to
20 As you can see, there is an official reporter taking down everything we say to
21 make a written record. So we ask that you give verbal responses to all questions.
24 Mr. Mandolfo. To ensure the court reporter can make a clear record, we will do
25 our best to limit the number of people directing questions at you during any given round
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2 It's also important that we don't talk over one another or interrupt each other if
3 we can help it. And that goes for everybody else who's present at today's interview.
4 We encourage witnesses who appear before the committee to freely consult with
5 counsel if they so choose. It's my understanding that you are accompanied by counsel
6 here today.
7 If counsel could please state your name and your law firm for the record.
8 Mr. Schwartz. Good morning. Matthew Schwartz from Boies Schiller Flexner
11 Mr. Archer, we want you to answer our questions in the most complete and
12 truthful manner possible. If you have any questions or if you do not understand one of
13 our questions, please just let us know and we're happy to repeat the question.
15 Mr. Mandolfo. If you honestly don't know the answer to a question or do not
16 remember, it is best not to guess. This is not the place to speculate. We are seeking
17 facts.
18 Please just give us your best recollection, and it's okay to tell us if you learned
19 information from someone else. Just indicate how you came to know the information.
20 If there are things you don't know or can't remember, just say so and please
21 inform us who, to the best of your knowledge, might be able to provide a more complete
23 You should also understand that, although this interview is not under oath, that by
2 Mr. Mandolfo. This also applies to questions posed by congressional staff during
3 interviews.
8 Do you understand?
11 that would be necessary to make the statements accurate. You are required to provide
12 all information that would make your response truthful. A deliberate failure to disclose
14 Do you understand?
16 Mr. Mandolfo. Is there any reason you are unable to provide truthful answers to
19 Mr. Mandolfo. Additionally, we have agreed to 2-hour rounds, but if there are
20 any interruptions or interjections -- for instance, from your attorney or from the
21 minority -- the majority's time will be paused for that duration of those interruptions and
24 Mr. Mandolfo. I'd like to give you the opportunity, if you want to, to make an
25 opening statement. You're not required to make an opening statement, but we give
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4 Mr. Archer. Yeah. I would just -- I would like to say -- and, again,
5 nothing -- nothing formal -- but I would like to thank, obviously, the senior officials here.
6 Thanks for joining us. I am -- it's an honor for -- you know, to be part of this.
7 And I appreciate, you know, you letting me take the time to do -- the only thing
8 I'm going to do is just speak the truth, answer as honestly and as completely as I can, and
10 It's been a long -- it's been a long decade. My forties have been kind of, you
11 know, mired in fighting the government. So I want to be cooperative now and maybe
13 But I'm, you know, I'm an open book. So please -- please let me know what you
18 Sure.
20 setting a deposition just 4 days later, on June 16th, just minutes after Chairman Comer
22 Since then, committee Democrats have had to learn about Mr. Archer's
23 appearance mainly from press statements from Chairman Comer and leaks to press
24 outlets.
1 Democrats with a six-page letter from Mr. Archer's counsel that set forth the extensive
2 negotiations and agreements between committee Republicans and the witness regarding
3 today's interview.
4 The letter sets out limitations on the subjects to be covered, which are set out in
6 It also limits the documents to be used in this transcribed interview to, quote, "24
7 pages of documents," end quote, that Republicans provided to Archer's counsel on June
8 28th, as well as, quote, "highlighted transactions on the 260 pages of RSB LLC bank
9 records," end quote, that Republicans sent Archer's counsel on July 11th.
11 pages of documents" last night, Sunday, at 6 in the evening. The vast majority of these
12 appear to be emails, which are not part of any committee records previously provided to
13 committee Democrats.
14 Committee Republicans have not provided committee Democrats with the, quote,
15 "highlighted transactions on the 260 pages of RSB LLC records" -- "bank records."
16 Committee Democrats have been excluded from all these discussions and
18 these limitations.
19 We now find ourselves in a transcribed interview with scopes and limits we had no
20 input in, and an attempt to limit the scope of exhibits to documents handpicked by
22 This obviously raises strong concerns that committee Republicans are once again
23 attempting to cherry-pick facts, which has been an ongoing issue in this probe.
25 We disagree with the substance of what you just provided. The RSB accounts
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2 In addition to that, these are scoping that Mr. Archer's attorney has requested and
9 Mr. Goldman. Are they -- were they among documents that were in the
11 Mr. Mandolfo. They are documents that are either publicly available or
12 documents that are available through the Hunter Biden laptop. So yes.
14 Mr. Goldman. That's a no, though. We don't have the hard drive that you
15 have, right?
16 Mr. Mandolfo. The documents are available online. The emails are available
17 online.
18 Mr. Goldman. So you are -- your evidence is derived from online sources
20 Mr. Mandolfo. Our evidence is from several sources. One is from the Hunter
23 Mr. Mandolfo. It's from the hard drive from the laptop, yes.
2 Mr. Schwartz. So as both of you have made reference to, we are here today
3 voluntarily and pursuant to a variety of agreements that are reflected in my letter to you,
4 Mr. Mandolfo, of July 24th. I understand that will be made an exhibit to this interview.
5 And, as you say, subject to that scope, it is Mr. Archer's intention to testify completely
7 I will tell you, however, I received over the weekend correspondence from Mr.
8 Biden's lawyer raising the possibility of Mazars-type issues in the questioning today.
10 I obviously don't know what questions you all are going to ask. It is our intention
11 to answer all your questions. I have an obligation to protect Mr. Archer, though. And
12 so I may, if the questioning seems to stray, ask you to articulate the legislative purpose
13 behind questioning so that Mr. Archer has a predicate for answering those questions in
15 Mr. Mandolfo. And if you need a legislative purpose, I would refer you -- the
16 committee has put out extensively our legislative purpose in our bank records
17 memorandum. And so we are -- I will rely on that for our legislative purpose. It spells
23 EXAMINATION
24 BY MR. MANDOLFO:
25 Q Mr. Archer, if you could please tell the committee your educational
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1 background.
2 A I attended North Shore Day School in Long Island, Glen Cove. I went to
3 Glenwood Landing Elementary. I went to North Shore High School. I went to Yale
4 University. And then started at Citibank and got most of my kind of credit and finance
6 Q And could you give a little bit more detail on what you did for Citibank?
9 associate.
10 And then I moved into Citicorp Asia Capital Limited, which was at the time the
11 kind of Asian -- the theater was Asia. Obviously, it was ex-China at the time, Southeast
13 Q How did you come to know Hunter Biden and the Biden family?
15 met when he was at law school and I was at undergrad, but I -- somehow I just keep
17 I think we met at probably -- we met in L.A. I can't name the year but a
18 Democratic convention in L.A. probably -- what was that, 2000? Maybe you wouldn't
19 know, but some of these guys might. It was in -- I forgot. It was L.A., Boston, 2004.
21 And then I was introduced to him by his attorney, Marc LoPresti, at some point.
22 And then my partner at the time, Chris Heinz, and Hunter had known each other casually,
23 again. And that's where -- that was really where we, you know, kind of generated a
1 I want to first get a sense of how you became involved with Burisma --
2 A Sure.
5 Zlochevsky, Mykola Zlochevsky, and Vadym -- I'm going to abuse the name, but Vadym P.
7 Q Pozharskyi?
8 A Exactly. Very familiar with. Were -- they were on kind of a target list of
9 potential investors in Rosemont Real Estate Acquisition Fund One. Okay. It was called
10 RREAF. That's -- and, essentially, there was a cap-intro company that, you know,
12 And they came through New York. I was in China. They came through New
13 York in the early -- I'm just trying to place the year. You know, if I get the years wrong, I
15 Q Approximately.
16 A Approximately the early -- that had to be the early like -- like 2010 to '15 at
17 some point, in that time. Or not to 2015. 2010 to 2014. I don't know exactly, but I
19 They came through. I was not in town. The cap-intro company was called Tri
20 Global. Tri Global did the kind of pitch kind of on behalf of Rosemont Realty to them.
22 But that was kind of the first that I heard of Burisma, Zlochevsky, the individual,
24 And then I then -- I was reintroduced -- I mean, you can't make this stuff up -- but I
25 was -- I was -- we were doing a large deal with an Eastern European bank to basically
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1 invest in and be like an anchor investor on the debt side for Rosemont Realty for
2 Rosemont Real Estate Acquisition Fund Two. And that meeting happened to be on
3 March -- it was like -- it was March 4th, 2014, which was in Moscow, which was also the
4 day that Putin invaded Crimea. So that deal fell through, as you can imagine.
6 like, okay, well, now we got to get back on the fundraising trip. And I met with him.
7 And -- and that was -- that was -- that was basically -- met with him. That was
8 like a follow-up meeting to pitching him, and then that was the relationship. We asked
11 A Zlochevsky and no Vadym, one of the Tri Global kind of translator guys,
12 cap-intro guys, and myself. Pitched him. He told me at the time that -- that he
13 had -- Kwasniewski had joined -- the President of Poland had joined the board, just kind of
14 in passing. And there was no like board discussion or anything like that.
15 And basically, the next day they called -- they -- they called me -- the Tri Global guy
16 called me back and said, would you be -- you know, I don't know if they're going to be
17 interested in Rosemont Realty, but President Kwasniewski wants to meet with you.
18 So I was like, okay, this is an, you know, an interesting honor, right? And I
19 basically -- so I literally within days, I flew to Warsaw for the day. And Kwasniewski
20 asked me, it's like, I just joined this board, this is energy independence, yada, yada, yada.
22 He was like, would you be interested in joining the board? And so that's really
25 A March, March. Probably that -- it was the first week of March or, you
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2 I don't -- you know, I'm sure I could -- there's -- you could find when I went to
4 Q And I know you've discussed their names, but Mykola Zlochevsky was the
5 owner of Burisma?
6 A Correct.
8 A He was the corporate secretary. He was not the CFO. Another -- another
11 A The daughter.
12 Q Of?
13 A Mykola.
18 BY MR. MANDOLFO:
19 Q And now I want to show you exhibit 1. If you can please pull that big
20 binder.
21 What I'm showing you now, this is the Rosemont Seneca Bohai account.
22 A Yeah.
1 A Rosemont Seneca Bohai was set up to hold the equity of BHR, which is Bohai
2 Harvest Rosemont Partners or some -- Equity Partners, I believe, which was a -- which was
3 a private equity fund that was started between Harvest, which is like the -- I would say
4 like the Fidelity of China. Bohai Sea Industrial Fund, which is a -- which was like a
7 And this was just set up to -- to essentially own that equity and operate the, you
8 know, what we thought was going to be a successful fund, which it ended up not being.
11 In addition to what you just described, was the RSB account also used to receive
13 A Yes.
14 Q And looking at the tab there, do you see a payment for approximately
15 $83,000?
16 A Correct.
18 A Uh-huh.
19 Q Would that be, to your knowledge, one of the first payments from Burisma
21 A Yes. Yes, to my knowledge. Unless there was one before on the page.
24 A Uh-huh.
25 Q In addition --
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1 A That's probably like travel or something like that, Warsaw maybe. I don't
2 know.
3 Q In addition to you receiving funds into this account from Burisma, I want to
7 BY MR. MANDOLFO:
8 Q Exhibit 1, tab 3.
9 A Yes.
10 Q Is it correct that Hunter Biden also received his share of the board payment
13 Q And if we look at the top of the page and kind of in the header here, it has
15 A Uh-huh.
19 A The -- Hunter Biden became a board member because, when I came back
20 from -- when I -- I started my tenure there and I -- we hired him as a -- as counsel, quite
21 frankly. And then he was counsel and we -- that went on for, I don't know, maybe 2
22 months.
23 And he developed a relationship with Vadym and Mykola, and they -- I think they
24 had a different design. There was a meeting in Lake Como at an economic conference.
1 A That meeting -- I was there. I was there at the conference. I was not -- I
2 was not involved in the conversation that they had. But out of that -- that meeting, it
5 A No, he did not. He did not tell me. Well, I mean the outcome was that he
6 was going to join the board. So yes, in a sense, he told me that, but it wasn't like a
7 detailed -- I mean, I know exactly where I had the conversation and I remember it vividly
8 though I wasn't part of it. They were in a different part of the conference than me.
9 Q When you and Hunter Biden first joined the board of Burisma, were there
10 service agreements that you signed as far as your -- what your roles would be at Burisma?
11 A My role was -- my role at Burisma when I joined was to go out and find
12 external financing for expansion, for global expansion. First, it was find expansion into
13 the United States, and then things got a little dicey. But then it was -- it was to basically
14 find outside financing for global expansion, which we were very successful in.
16 was like a, you know, a core competency, which was kind of a renewables tilt which we
18 And we -- we opened up Burisma Eurasia, which we, you know, had a successful
19 servicing contract in Kazakhstan with Kazmu -- what was it? KazMunayGas, yeah.
21 bought drills in Texas and, you know, brand-new equipment, and went kind of deeper and
22 more efficiently and cleaner than they'd ever done, you know, in that part of the world.
23 And so it was -- it was, you know, I hate to say a great success, that would be
25 Q Just to stop you. Do you remember the name of that company in Texas
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3 Q Yes.
6 A Yeah, yeah. It was -- we transported all of that equipment via sea and then
7 over land through Ukraine into Kazakhstan, which I'd have to go through another area.
9 But that was my main purpose of -- was international expansion, which I think,
12 deposited into the Rosemont Seneca Bohai account from Burisma Holdings.
13 Was that what you were to be paid? Was it a million dollars per year?
14 A It was -- so, from a board perspective, it was a million dollars per year on the
15 board contracts, but the -- which was -- again, it was more than -- you know, there's
16 associated work. It wasn't just sitting there and, you know, going to board meetings.
18 It was actually split. During my tenure, Tri Global was the cap-intro group. It
19 was actually split three ways. I don't know, you know, where it went after my time.
20 But that's -- initially, it was the sum total, kind of a take-home for, you know, the
22 And then that obviously changed. I was, you know, kicked off or asked to resign
24 Q Was Hunter Biden's agreement also that he would receive $83,000 per
25 month --
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1 A Yes.
2 Q -- from Burisma?
3 A Yes. That's what I'm saying. So two -- 83 in two different -- once a month
7 BY MR. MANDOLFO:
8 Q And I'd like to turn your attention now to exhibit 7 in that binder.
10 Q This is an email from you to Hunter Biden. It's dated May 7th of 2014. So
12 A Uh-huh.
13 Q The subject is "Re: Notes from the 13 hr" -- meaning "hour" -- "plane ride."
15 A Uh-huh.
16 Q My understanding of this email is that Hunter Biden has -- is the lower case
18 Mr. Schwartz. Well, these emails don't come from Mr. Archer, so I don't think
19 we're going to be able to authenticate the emails or tell you who wrote what. But
23 from?
1 Republicans?
3 So there's --
7 Mr. Mandolfo. Showing you exhibit 7, paragraph 6. I'll read it out loud. It's
10 Burisma 'pay'" -- "pay" in quotations -- "before we determine true split number with
11 Alex."
15 Mr. Goldman. Can we just clarify on the record, I want to clarify on the record.
18 Ms. Donlon. You're using the majority time. You negotiated the time --
22 Mr. Goldman. Well, we didn't agree to your negotiated time. So we'll sit here
24 Ms. Donlon. This is the chairman's transcribed interview, so he has the authority
1 Mr. Goldman. That is fine. You take whatever time you need. I just want the
6 Mr. Biggs. This is not a court of law. First of all, this is not a court of law. Quit
7 talking over people. He can answer. He's got counsel there that can say, "It's outside
8 the scope, we think it's dubious," whatever he wants to say about it.
9 You have to let the witness answer this, because we're not sitting in a court of law.
10 This is a transcribed voluntary interview, for Pete's sakes. If you have an objection,
14 Mr. Goldman. You know how depositions work, but carry on.
15 Mr. Biggs. This is a deposition. This is not in court. Yeah, this is very different
16 than that when I practiced law. But this is Congress. A little bit different. Press on.
17 Press on.
20 the lower case is Hunter Biden. The caps, all caps, would be your response. But I'm
23 Burisma 'pay'" -- in quotes -- "before we determine true split number with Alex."
25 reasonable expense number btw Washington, D.C. office?" All caps, "TAX LIABILITY AND
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2 Do you recall having a conversation with Hunter Biden regarding that you and him
3 would receive approximately -- consistent with this email -- approximately 4.85 million
5 Mr. Schwartz. So now he's not asking about the email. He's asking if you had
6 such a conversation.
7 A Uh-huh. No. That -- that -- that one is -- I don't know what that 4.5. As I
8 explained just before, it was 83, 33, 33, and it only went to one account, which we have
10 And theoretically -- I don't know what we were talking about here. But it was
11 like -- so 666 -- it looks like that says 750. But that -- this one seems like there's some
13 BY MR. MANDOLFO:
17 A Yeah.
18 Q So that would bring us to roughly 4.85 million jointly from Burisma. That
22 Mr. Schwartz. We can't confirm this email is from anyone. He's reading the
23 text to the document, and in the format of an email that's the way it looks.
24 So he can confirm that you accurately read it, which you accurately read; and he
25 can confirm, as he did, the conversations that he had with Mr. Biden.
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1 Mr. Archer. Yes. And I would also add that any money that came from Burisma
2 is all here, all documented here. There was no -- or no money that I -- I can speak for
4 Basically, this was the -- because we had set it up for BHR, we took in this here.
5 Hunter was the corporate secretary of RSB. So there was a COO who managed it. So
6 that was -- that was -- I don't know where that number is from.
9 Mr. Biggs. First of all, thanks for being here. I appreciate it.
10 Maybe this would help solve the question. Do you remember ever seeing this
13 Mr. Biggs. Yeah. I just wonder if you recall. Does it look familiar? Is it
15 Mr. Archer. The -- no, I don't -- I can't authenticate it. But I -- you know,
17 Like, obviously, I voluntarily just talked about the -- there was this Tri Global split.
18 I don't know exact -- those numbers. And, I mean, I've seen a lot of speculation.
19 I don't -- again, I can only speak for myself. I don't know any other money that
22 BY MR. MANDOLFO:
23 Q At some point, though, when you ran into Federal troubles, Hunter Biden
25 A Correct. Yes, because this got shut down. So it must have been.
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1 Q And I want to show you exhibit 4, tab 1 -- excuse me, exhibit 1, tab 4.
2 A Got it.
3 Q And on this page, it's August of 2015, and you'll see on August 19th there are
4 two Burisma payments for $83,000 each, one to you and one to Hunter Biden, correct?
5 A Correct.
8 was -- it was to Rosemont Seneca Bohai for -- there were other investments that were
9 made. There were, you know, investments on behalf of the business. So, you know, as
12 the end of the day, it was like -- we took it as revenue of the company. I don't know if
14 Q But during this time, Hunter Biden had his own bank accounts, correct?
15 You'll see on this page he has an OWASCO PC, which received a transfer of $5,000, and
16 you'll also see that there was a transfer to Robert Biden for $19,000.
17 Is that correct?
18 A Yes.
20 $1 million a year, and I know that he started towards the third or fourth month in 2014,
23 summer of 2016. And then I'm, you know, obviously aware that he worked for Burisma.
24 I don't know when the end of his tenure was. It was years later, I believe.
2 BY MR. MANDOLFO:
3 Q All right. Now, I want to direct your attention to April 2014 timeline, and
5 A Sure.
6 Q And this is an email. It states from Robert Biden, who's Hunter Biden, to
7 you, Devon Archer, dated April 12th of 2014, with a subject line "Tmrw."
8 And I'd like to turn your attention to paragraph 18 on the second page. I'm going
9 to read it.
10 A Sure.
12 as part of our advice and thinking -- but what he will say and do is out of our hands. In
13 other words, it could be a really good thing or it could end up creating too great an
16 A I believe, yes.
17 Q Given that he's referring to his dad, the average person would refer to their
18 dad as "dad" or "father" or maybe there's another nickname, but not many people would
20 And so, in reading this, can you tell me what you believe Hunter Biden was getting
21 at when he's referring to his dad, "My guy's upcoming travel should be characterized as
23 Mr. Schwartz. You're asking him to speculate what someone else meant if that
25 Mr. Mandolfo. I'm asking him what his interpretation of that when Hunter Biden
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1 was telling him this. He just said that Hunter Biden told him, did use that phrase.
2 So when he would use that phrase, what did you interpret that to mean?
8 was -- he's saying that, you know, we can't -- I can't guide my guy, you know, I can't guide
9 my father in what he's going to do on this trip, but let's get credit for it. I think that's
11 BY MR. MANDOLFO:
12 Q But if he --
14 Q If he's counsel, why would he get credit for his dad going to the Ukraine?
18 Mr. Schwartz. He said at the beginning don't speculate. If you don't know, you
19 don't know.
20 Mr. Archer. He was getting paid a lot of money, and I think, you know, he
22 BY MR. MANDOLFO:
23 Q And was part of that value him bringing his dad to the Ukraine?
24 A I think in here it's clear that he's not bringing his dad, but he's saying, you
2 A He's not -- he was not determining -- he wasn't setting his dad's schedule to
4 Q Right. But when his dad's traveling to Ukraine, he's trying to have the
5 Burisma officials recognize that he should get credit, "he", being Hunter Biden, should get
8 A I would say that that's -- that's what that says. And if that's -- if that comes
11 A He's saying -- again, I can't speculate, because I don't know if the email -- I'm
13 Q But you've had other conversations with Hunter Biden. You were his
15 A Uh-huh.
16 Q Did he talk about how bringing his dad either to Ukraine or using his dad as
18 A Yes.
20 A I just think it's almost -- it's pretty obvious if you're, you know, you're the son
21 of a Vice President.
23 Mr. Archer. Yeah. Specific conversations, no. He would -- we would not talk
24 specifically about -- you know, he would not be so overt. And I think that's, you know, I
25 think that's another obvious point, that he would not say, okay, we're
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1 going to -- we're -- you know, I'm overtly -- we're going to use my dad for this.
2 But I think he would -- you know, given the brand, I think he would look to, you
5 A I think it's more defensive, you know, defensive leverage that that the value
7 Q I want to now show you, back to exhibit 1, tab 1, which is going to be the
8 payment.
9 A Sure.
10 Q And we just talked about this, so I'm just going to rehash it. But this email
11 happens on April 12th, 2014, where Hunter Biden talks about adding value.
12 And then, on April 15th of 2014, there's the first payment that comes in to
19 On April -- this is from Hunter Biden to Devon Archer dated April 22nd of 2014.
20 The subject is "Re: JRB in UKR." And I'll let you review it.
21 But, essentially, Hunter Biden copies and pastes what appears to be a quote from
22 his father's speech while Vice President Biden was in the Ukraine.
23 You then respond, "Wow. We need to make sure this ragtag temporary
24 government in the Ukraine understands the value of Burisma to its very existence."
25 Hunter Biden then said, "You should send to Vadym" -- and who is Vadym again?
29
3 This is in the beginning stages of when you're joining the board. And would you
4 agree with me this isn't legal advice that's adding value here that Hunter Biden is giving,
5 the value add that Hunter Biden brings to Burisma is Vice President Biden?
8 Mr. Schwartz. -- what was the value that Hunter Biden brought to Burisma?
9 Mr. Archer. The value was -- the value that Hunter Biden brought to it was
10 having -- you know, there was -- the theoretical was corporate governance, but obviously,
11 given the brand, that was a large part of the value. I don't think it was the sole value,
13 Mr. Mandolfo. You keep saying "the brand," but by "brand" you mean the Biden
14 family, correct?
16 Mr. Mandolfo. And that brand is what, in your opinion, was the majority of what
18 Mr. Archer. I didn't say majority, but I wouldn't speculate on percentages. But
20 Mr. Biggs. When you say "Biden family" -- sorry to cut in here. I just want to
21 get a clarification.
22 You aren't talking about Dr. Jill or anybody else. You're talking about Joe Biden.
24 Mr. Archer. Yeah, that's fair to say. Listen, I think it's -- I don't think about it as,
25 you know, Joe directly, but it's fair. That's fair to say. Obviously, that brought the
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3 Mr. Mandolfo. I want to go back to another point you said earlier. You said
4 Hunter Biden didn't overtly talk about how he would use his -- and if I'm
5 mischaracterizing this or getting it incorrect, please correct me -- but that he wouldn't use
6 overtly that he's going to use his father or his father's name in order to add value or
8 So how did you know that that's one of the ways that Hunter Biden was, like,
9 meeting with officials from Burisma or getting access to officials with Burisma or getting a
10 job that paid a million dollars? What is -- how did you know that?
13 Mr. Mandolfo. That Hunter Biden was adding value. His value that he was
17 Mr. Archer. My basis for knowing that? Well, I think there was -- there are
19 And a lot of it's about opening doors, you know, globally in D.C. And I think that,
20 you know, that was the, you know -- and then obviously having those doors opened, you
21 know, sent the right signals, you know, for Burisma to, you know, carry on its business
22 and be successful.
23 Obviously, that all backfired, you know, terribly for them, and I think Mykola is in
25 But, yeah, I think -- how did I know? It's just -- I mean, it's a lot -- it's how this
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4 BY MR. MANDOLFO:
5 Q And I now want to turn your attention to exhibit 4. And this is an email
8 Q I'm just going to put everyone else who's on it too. Copying Hunter Biden,
10 A Uh-huh.
11 Q Dated October 5th of 2015, with the subject "Re: Next BoD meeting."
12 And then starting at the bottom, it appears to be an email from Mr. Pozharskyi, and it
13 describes a board of directors meeting in the first week of December in Dubai, and that
14 people would fly in on December 3rd, and then there would be a board of directors
16 And then your response, as you just said, was, "This works for me," correct?
17 A Uh-huh. Correct.
19 A Yes.
22 Q Yes.
23 A Did I?
25 A I don't remember.
32
2 A I don't -- on that particular trip in December? You know, I've been to Kyiv,
3 but I don't remember it being connected with that trip. It was December what year?
4 Q Of 2015.
6 Mr. Archer. I'm sorry. I don't remember. I'm not -- I don't remember if we
7 stopped there.
8 BY MR. MANDOLFO:
10 A Yes.
13 Hunter Biden, and then some other -- some other executives. And then there were two
18 A December 2015?
19 Q Yes.
20 A We were -- we were in the -- Burisma Eurasia was in high gear, and we set up
21 a big office there. That was kind of my content like piece. As well as Burisma
22 Geothermal had been set up. I just came from a Geothermal conference in Reno, I
23 think, right before that. I just remember that because my brother joined.
24 So those are like my content. And the rest of it would have been, you know,
2 A He did.
3 Q After the board of directors meeting, do you recall at any point going to
7 A Yes.
10 but it would be -- I don't, like, remember the particular table or restaurant. I know we
11 stayed at the -- you know, the Burj Khalifa, the sail-looking structure in Dubai. So I think
13 Q And after dinner, did you and Hunter Biden go out for drinks?
14 A We did not. We did not go out for drinks. We were -- we -- I met him at
15 the Four Seasons or -- yeah, the Four Seasons. He stayed at the Four Seasons.
19 Q Did Hunter Biden during that time ever get a call from Mykola Zlochevsky or
20 Vadym Pozharskyi?
23 A It was -- I mean, basically, after all -- that was normal course. Like after
25 Q Did -- during that I'll say after dinner at the Four Seasons, did Mykola
34
4 A The request was I think they were getting pressure and they requested
6 Q What pressure?
9 But it was -- it was not -- it wasn't like a specific -- not a specific request. It was
10 just we were sitting there at the Four Seasons having, you know, coffee and there
11 was -- there was Mykola, there was one of the managers for the Four Seasons who
12 managed that property, Vadym. So it wasn't like a closed -- it was not like a specific
13 meeting.
14 Q When you say pressure from the government, at this time were you aware
16 A To the best, I vaguely -- whether it was Shokin, I vague -- there was a lot of
17 pressure initially. There was -- there was several pressure issues. It was kind of a
18 theme of Burisma.
19 There was capital tied up in London, 23 million pounds. There was, you know, a
20 U.S. visa denied and then a Mexico visa denied. And then there was -- so Shokin wasn't
21 specifically on my radar as being an individual that was -- that was targeting him. But
22 yes, there was constant pressure. And it was like -- it was like whack-a-mole in regards
24 Mr. Jordan. The request from Mr. -- from Mykola Zlochevsky and Vadym to Mr.
25 Biden and/or if you said it was to you, the request for help from whom to deal with what
35
1 pressure?
2 Mr. Archer. The request -- you know, basically the request is like, can D.C. help?
3 But there were not -- you know, I'm not going to -- there were not -- it wasn't like -- there
4 weren't specific, you know, can the big guy help? It was -- it's always this amorphous,
6 Mr. Jordan. The request was help from the United States Government to deal
7 with the pressure they were under from their prosecutor, and that entailed the freezing
8 of assets at the London bank and other things that were going on in Ukraine?
11 Mr. Biggs. I just -- I think you might have just clarified. I just want to make
12 sure.
14 Mr. Biggs. When you say D.C. help, like they said, we could use some D.C. help,
15 I'm not asking what you think they -- I'm asking what you interpreted that to mean?
16 Mr. Archer. Well, I'm still learning about it, but it seems like -- really a lot like at
17 the end of the day lobbying, you know, soft lobbying help, firm lobbying help.
18 I mean, there was constant, you know, constant pressure on them, and there
19 were various service providers hired and people working on, you know, help in D.C. A
20 lot of power is obviously flexed here. So that was a -- that was a constant, you know,
22 Mr. Biggs. So why do you think they were asking Mr. Biden for D.C. help if they
23 had -- I'm assuming what you're saying is they might have had some kind of lobbying
1 Mr. Biggs. So why do you think they were asking Hunter Biden for D.C. help?
3 Mr. Biggs. I mean, what did you take away from that?
4 Mr. Archer. Well, I mean, he was a lobbyist and an expert and obviously he
5 carried, you know, a very powerful name. So I think it was -- that's what they were
6 asking for.
7 They had -- they also -- you know, there was a firm, Blue Star Strategies, that was
8 hired to be, you know, kind of the -- I don't know if they were a lobbying firm or just
9 strategic advisory. It's still unclear what the difference is. But, you know, that was
11 But it was -- yeah, it was a high-pressure environment, and there was -- there was
13 BY MR. MANDOLFO:
15 A Listen, I did not hear this phone call, but he -- he called his dad.
17 A Because he -- because I think Vadym told me. But, again, it's unclear. I
18 just know that there was a call that happened there and I was not privy to it.
20 A Just that -- just that they -- "We called D.C." But he didn't -- you know,
21 again, it's not like the -- there was not a -- there was not, "Oh, we've got all our problems
22 solved" kind of, you know, revelation. I was -- I was not on that side of the equation and
25 A I was -- you know, basically what -- then we drove back to the hotel I was
37
1 staying at.
2 Q Who's "we"?
4 Q Was it during that drive back that Vadym told you that Hunter Biden had
6 A It would have been at some point there or after. You know, maybe the
7 next day. Again, we spent -- you know, on a board trip where you travel with people
9 So the exact time I can't say, but that was the -- that was the -- that was -- that's
10 what happened.
11 Mr. Schwartz. He told you expressly he called his father or that he called D.C.?
13 BY MR. MANDOLFO:
14 Q When he told you this, did you confront Hunter Biden about it at any point?
15 A No. I wouldn't have done that. Like confront him for what reason?
17 A Uh-huh.
18 Q And Vadym comes or Mykola comes to Hunter Biden and says, "We're facing
19 pressure, we need you to do something," and then Hunter Biden calls the Vice President
20 of the United States to do something, that could cause off some serious alarm bells for
22 A Right.
24 governance.
25 A Right.
38
2 A I think that it's even more reason that I was left out of these, you know,
3 black box D.C. types of -- types of conversations. I was working on the ground to build
4 the business.
6 A Like, it was not -- I wasn't -- the pressures were -- were -- the pressures that
7 were exerted, I was -- that was a kind of a Blue Star, you know, the resources of
8 Rosemont Seneca Advisors or whatever the subsidiary in D.C. partners, that was like
10 Q Are you aware that Vadym had told Blue Star that one of the
11 issues/pressures that he was facing was related to Shokin and the investigation into
12 Burisma?
13 A So -- yes. I was -- the narrative that was spun to me, quite frankly, just to
14 be -- and I remember this because, obviously, it's -- the narrative that was spun to me was
15 that Shokin was under control and that whoever the next person that was brought in
16 was -- you know, the fact that he was -- this is the total, this is the narrative spun to me,
17 that Shokin being fired was a -- was not good, because he was like under control as
18 relates to Mykola.
19 I have no way to verify that. And that was spun to me from various folks in D.C.,
20 not Hunter specifically, but that was what I was led to believe. Whether it's true or not,
21 I cannot speculate.
22 Q With that said, though, are you aware that Vadym specifically told Blue Star
23 Strategies that one of the issues that he wanted resolved was resolving Viktor Shokin's
25 A I don't recall Vadym saying that specifically. I don't -- but, again, I was spun
39
3 A Correct.
7 A Uh-huh.
8 Q -- have you ever been privy to Hunter Biden calling his father around other
9 either potential business investors or other foreign nationals who Hunter Biden or you
11 A Yes.
13 A Again, it's -- as far as specifics, we can talk about it. But, you know, Hunter
15 And so in certain circumstances, when you're in -- you know, if his dad calls him at
16 dinner and he picks up the phone, then there's a conversation. And the, you know, the
17 conversation is generally about the weather and, you know, what it's like in Norway or
18 Paris or wherever he may be. But that was -- yeah, that happened.
40
2 [11:30 a.m.]
3 BY MR. MANDOLFO:
4 Q Are you aware of Hunter Biden putting his -- or have been told that Hunter
5 Biden put his father on speakerphone during any of these interactions that you're just
6 describing now?
7 A Yes.
13 was -- we were speaking to an advisor, and then -- we were speaking to. And it was
14 really a Rosemont Seneca Advisors type of -- a Rosemont Seneca Advisors kind of a pitch,
15 at the end of the day. And there was a talk, and he said that we're at this -- you know,
16 we're at this restaurant in Paris, and he put him on the speaker. So that did happen.
19 A There was me, myself; Hunter; Eric Schwerin; and then the executives from
22 A I'm sure you could find it. It was probably, like, a 2011, you know, trip
25 A And I believe they didn't -- they also didn't get the work, by the way, just an
41
2 Q Do you recall other times where Hunter Biden placed his dad on
3 speakerphone?
7 that. I don't remember the -- I don't remember specifics. This was just -- it was
8 not -- it was like a, you know -- especially with the time zone difference, there was -- you
9 know, there were meetings where his dad would call and he would be talking to him or
10 put him on speaker. I'm not going to -- you know, that's -- that happened.
11 Q And with the phone call with Jonathan Li, do you recall what was said while
12 VP Biden --
13 A Yeah.
16 always, you know, what's the -- you know, not necessarily the weather, but, you know,
17 there's no -- there was no -- and I think you have to understand that there was no
18 business conversation about a cap table or a fee or anything like that. It was, you know,
19 just general niceties and, you know, conversation in general, you know, about the
21 But just on -- as far as, like, a blanket for all of them, let's just go with the -- there
22 was not a specific time that I witnessed a, you know, specific business deal or business
23 dealings or, you know, specifics about any kind of financial stuff.
24 Mr. Jordan. Would he just say, like, "Hey, guys, my dad's on the phone. Dad,
4 Mr. Jordan. Well, I'm sure that that took place in addition to just talking about
5 the weather.
8 And you and Zlochevsky and Vadym Pozharskyi are staying at the one hotel where the
11 Mr. Jordan. You go to the Four Seasons for dinner. And then you stay for
12 drinks later.
13 Mr. Archer. No. We -- just on that night of the -- I believe we had dinner at the
14 Burj -- the Burj -- not the tall -- the sail. Burj Khalifa or Burj Al Arab? Burj Al Arab.
15 Mr. Jordan. Did you ride with -- did you all three ride together from the one
18 Mr. Jordan. No, the three of you who were staying there --
24 Mr. Jordan. Okay. So you get there; you have dinner. Sometime during
25 dinner, Zlochevsky requests help with the U.S. Government to deal with Ukrainian
43
2 Mr. Archer. Not -- that's a -- that's a little bit -- that's a little bit of -- that's
4 So I think -- and let me back up there. I think how you just rehashed that -- we
7 Mr. Archer. Then -- then Hunter went to the Four Seasons. That was -- and he
8 met his -- you know, one of his friends was a manager and used to be in Georgetown.
9 And then we -- you know, later in the evening, we went over there, you know, not,
10 like -- whatever. I don't know the time. And then Vadym, Zlochevsky, and myself
11 went --
15 Mr. Archer. So that's when we met up. And they were -- you know, they
16 were -- it was this, you know, specifically under -- you know, they were feeling the heat or
17 whatever. And they were like, okay, can we -- can we call D.C.
18 And, again, I can't -- on that particular -- you know, there were conference calls
19 where we talked around the table. On that call, I was not in the earshot of that -- of
20 that. But I know that there was -- you know, there was a call made.
23 BY MR. MANDOLFO:
24 Q And that call that was made, that was on December 4th of 2015?
25 A On or around.
44
1 Q And then just 5 days later, Vice President Biden has a trip to the Ukraine, and
2 he makes a statement: "It's not enough to set up a new anti-corruption bureau and
3 establish a special prosecutor fighting corruption. The Office of the General Prosecutor
5 I know you've talked about these different pressures, but when VP Biden comes
6 on December 9th of 2015, he talks about the specific pressure of the Office of the General
7 Prosecutor.
8 And so, based upon that, is it your testimony here that Hunter Biden, Viktor
9 Shokin never -- excuse me -- Hunter Biden and Vadym never discussed the investigation
17 BY MR. MANDOLFO:
18 Q Ever?
22 A No --
23 Q -- Vadym?
3 Mr. Archer. Right. No, that didn't happen. But, again, I was left out of
4 everything.
5 BY MR. MANDOLFO:
6 Q I want to turn your attention now -- how much time do we have left for the
7 first hour?
10 BY MR. MANDOLFO:
11 Q -- turn your attention now to spring of 2015, dinner at Cafe Milano, where I
16 A April 2015.
20 BY MR. MANDOLFO:
23 At that diner, it was Vadym, Karim Massimov -- so Vadym P. from Burisma; Karim
24 Massimov; a Greek priest, Orthodox priest; I think -- I believe someone from the World
25 Food Programme. I think that was the -- and then there -- do you have others?
46
4 A Yes.
11 Q Why don't we start with the first dinner. Who was at the first dinner?
12 A So the first dinner was Karim Massimov, who's -- he's a friend of mine,
15 Yury, her husband, was there. I can't -- because I see in the emails, but I can't -- he
16 didn't make much of an impact, because I don't remember -- I don't have that, like, visual,
17 but he very well could've been there -- the late Yury. And Joe Biden. Hunter Biden.
19 But that was -- that was -- that was generally it. There might be some others, if
20 you -- you guys have the information closer to -- I haven't thought about this in a while.
25 A She was the -- she was the CEO, chairman, founder, owner of Inteco, which
47
1 is one of the largest -- or was the largest real estate company in Russia, Eastern Europe.
2 And she was the wife of Yury -- last name escapes me right this second, but --
3 Q Luzhkov?
5 Q When did Joe Biden arrive at the dinner, if you can recall?
7 not -- I don't think we had eaten yet, but at some point he arrived. It was dark.
8 Q And do you remember, when he arrived, what he did, who he talked to?
9 A Yeah. He entered the room and shook everybody's hand. And, you know,
10 the conversation -- you know, again, I don't want to be -- it's important that I'm accurate.
11 I don't really remember it. You know, I don't -- not really. I don't remember the
12 conversation. I just remember that he was -- he came to dinner, and we ate and kind of
13 talked about the world, I guess, and the weather, and then everybody -- everybody left.
14 As far as -- I know you're probably going to ask, you know, how much time. I
18 Mr. Mandolfo. Okay. We're at about the hour, so we'll take a 10-minute break
19 for the bathroom, and then we'll come back. Thank you.
22 [Recess.]
48
2 [11:56 a.m.]
4 Mr. Schwartz. Before you resume, I just want to clarify something from before
5 the break.
7 Mr. Schwartz. And I'll ask the question so you get his testimony.
8 So, Mr. Archer, you talked before about a meeting and a subsequent phone call
11 Mr. Schwartz. All right. So, just to clarify, before Hunter Biden made a phone
14 Mr. Schwartz. And, afterwards, Vadym told you that they had called D.C.?
18 Mr. Schwartz. Did anyone ever tell you that that call was to Vice President
19 Biden?
21 Mr. Schwartz. Do you know to whom they made the phone call?
22 Mr. Archer. I don't know who they made the phone call to.
23 Mr. Schwartz. So you don't know one way or the other whether it was to Vice
24 President Biden?
25 Mr. Archer. I do not know one way or the other whether it was to him. "D.C."
49
1 BY MR. MANDOLFO:
2 Q When Hunter Biden would travel internationally, do you know what phones
3 he would use?
4 A He would use I think generally his iPhone. I don't think he had other
7 Mr. Schwartz. You've got to let him ask all the questions.
9 Mr. Schwartz. Now they have you saying that word first, when he was going to
12 BY MR. MANDOLFO:
13 Q Are you aware if he used the same phone number then that he has now?
14 In the sense that have been referenced in these emails, is it that same phone number?
15 A I'm -- yeah, I'm fair- -- I could speculate that he used the same phone
16 generally.
17 Q The same phone number? You didn't see him using different phone
18 numbers?
21 A Uh-huh.
24 A Correct.
1 A I was on the -- I was on, like, an outside deck of the Four Seasons in Dubai,
5 Q Why were you away from them if you were all there together?
6 A I was -- why was I away from -- I don't have a -- I think I was speaking -- I
10 Q And when you say they left you, they were at the same spot where you were
12 A Uh-huh. Yes.
13 Q -- and then Vadym and Hunter Biden then left where you were?
14 A Correct.
15 Q And that's when you believe the phone call was made?
16 A Correct.
19 Mr. Greenberg. Did they tell you why they were stepping away?
20 Mr. Archer. Did they tell -- I can't recall. It was more of an organic situation.
21 You know, it wasn't like, "We're getting up to call." It was just, as I -- as we -- just went
22 over.
23 BY MR. MANDOLFO:
2 A I don't --
3 Mr. Schwartz. Well, when you say "the call," you mean the time period --
7 The time period that they stepped away from me for was probably -- was longer
8 than 5 and shorter than an hour. But I just -- it's a long time ago.
9 BY MR. MANDOLFO:
10 Q How many times would you say that Hunter Biden put his father on
11 speakerphone or referenced his father being on the phone in front of others who were
12 either foreign investors or foreign nationals who he was soliciting business with or
15 of day -- you know, that's a very hard thing to speculate on. But he -- they spoke every
16 day. He acknowledged that they spoke every day. And he would -- you know, he
17 would sometimes make it apparent that he spoke to his dad, and sometimes he put him
18 on speaker.
19 But as far as quantifying the number, you know, relative to investors, I don't know.
20 Q Not necessarily investors but with people who Hunter Biden was trying to
21 either get business with or make contacts with or add value to?
23 Q And during those 20 times, did Hunter Biden ever place his dad on
24 speakerphone?
25 A Yes.
52
1 Q And, before, you had said that they would talk about what, when he was on
2 speakerphone?
3 A Say, where are you, how's the weather, how's the fishing, how's
4 the -- whatever it may be, whatever -- but -- you know, it was very, you know, casual
5 conversations about -- you know, not about cap tables or financials or anything like that.
6 Q But the purpose wasn't for Vice President Biden to do cap tables or to break
7 down the different business deals. Would you agree with me that the purpose was that
8 that was Hunter Biden's value-add? That's what he would bring, in part at least, to the
12 Mr. Schwartz. Well, first of all, you haven't asked him if these phone calls
13 occurred when they were not with business associates, when they were not talking to
14 investors.
16 Mr. Archer. No, that's -- no, he did not behave differently. It was the same
18 BY MR. MANDOLFO:
19 Q But if I were to just call my dad right now and put him on speakerphone and
22 Q Yes.
25 me -- where you're in a personal meeting and you may call your dad or a family member
53
1 if you're with family. But if you're in a professional meeting and you're meeting foreign
2 business leaders or whoever it may be and you just place your dad on speakerphone on
4 A That is a little odd. I mean, it's not odd -- I mean, it's quite obvious what
6 Q So what are we talking about? You are talking around it, and so I'd like to
8 A That, I think, at the end of the day, part of what was delivered is the brand.
9 I mean, it's like anything, you know, if you're Jamie Dimon's son or any CEO. You know, I
10 think that that's what we're talking about, is that there was brand being delivered along
15 saying "brand." You and I talked about that earlier, and we talked about how the main
16 brand is Joe Biden -- not the Biden family, but Joe Biden.
17 So I'm going to ask you just a couple questions along that, based on what you just
18 said --
21 Did you or your partners ever design or discuss that you were going to use political
23 Mr. Archer. So --
1 Mr. Biggs. I didn't ask if you had discussions. I just said, did you and your
2 partners --
5 Mr. Archer. No. How we would -- How I would characterize that is that we,
6 you know --
7 Mr. Schwartz. He asked you a "yes" or "no" question. Did you have discussions
9 Mr. Biggs. Well, let me rephrase, because I think you're not quite getting the
10 essence.
11 So I'll ask the question again, and then you can answer "yes" or "no," and then we
14 Mr. Biggs. Did you or your partners design or seek to use political influence to
18 Mr. Archer. We would discuss having, you know, an understanding of D.C., and
20 So we would -- it wasn't as, you know, specific as, okay, you know, just down to
21 individuals or, you know, the Vice President's son. But, obviously, the brand carried.
22 Because we'd say, you know, what gives you a unique advantage to start up Rosemont
23 Seneca Technology Partners or Rosemont Realty? And that was just, you know, you're
24 in a competitive environment out there trying to raise capital for various investment
25 initiatives, and you would say, "Okay, well, we have a D.C. office." I mean, I think a lot
55
6 Mr. Biggs. Did you intimate ever that that would give you some kind of unique
7 access, as you were meeting with clients or businesses, unique access because of the
8 familial relationship that Hunter Biden had with his father, at that time the Vice
9 President?
10 Mr. Archer. Yeah, again, I think I answered that in the same -- in -- before. Yes,
11 we would say we had unique understanding of D.C. and how it operates and how that,
12 you know, could positively reflect on the terms of our business. So, yes.
15 investments -- Chinese investments -- was important to his family, and particularly with
18 for --
20 Mr. Archer. So, with BHR, we weren't responsible -- we didn't have a fundraising
21 capacity. We were out -- we were deal-sourcing for the initial -- that's what we're
22 talking about generally, BHR? Or -- I don't have much -- I don't have anything --
24 Mr. Archer. Yeah. So BHR Partners, it was a cross-border fund -- you know,
25 Bohai Sea Industrial Fund, Harvest. They were setting up a private equity fund, and they
56
1 wanted to go out and buy -- you know, basically buy assets outside of China.
4 Mr. Biggs. Okay, but the crux of the question is, did Hunter Biden ever talk to
5 you about how important that relationship with China was to his family, particularly to his
6 father?
8 Mr. Biggs. And did Hunter ever indicate to you that the Chinese anticipated that
9 after his father was out of office he might join their company with -- one of their
14 Mr. Biggs. You don't recall, but it's not new to you, is what you're saying.
20 BY MR. MANDOLFO:
21 Q Going back to the calls that Hunter Biden would put on speakerphone with
22 his father and others, can you describe what the other people would say, if you can recall,
24 Because I'll tell you, just from an everyday American, if someone were to put the
25 Vice President of the United States on the phone right in front of you, it'd be pretty
57
1 impressive --
2 A Absolutely.
3 Q -- and I would think there would be some sort of reaction from those people.
4 A Yeah, I think everybody -- I think everybody remains, you know, cool and
5 calm like it was, you know -- and then probably called their friends and family and said
6 that they spoke to him. But, you know, the reaction -- I don't have any specifics of, like,
7 people jumping up and giving high-fives, but I think it was, you know, a signal that, you
9 Q And I want to talk about the value. Going back to this, it would be, spring
12 Q And since we talked about it before the break, if you could just recap. Can
16 Q The duration of time that Joe Biden stayed there you said you couldn't recall.
18 A He had dinner, yeah. I recall that he had dinner. It was a regular -- not a
20 Q And so this dinner takes place in spring of 2014, approximately. But then
21 do you recall getting a wire on February 14th of 2014 from Yelena Baturina for
24 Q Yes.
25 A Yes. And why I remember that is from the -- from other testimony. Yes.
58
1 Mr. Schwartz. Yes. In other words, his memory has been refreshed. He
4 BY MR. MANDOLFO:
5 Q And, also, there was a wire from a company related to Kenes Rakishev
8 Q So, leading up to this dinner at spring 2014 at Cafe Milano, the -- I'm going to
10 A Uh-huh.
11 Q -- and the RSB account had received wires from both Yelena Baturina as well
12 as --
13 A Yeah.
14 Q -- Kenes Rakishev?
16 So, with Yelena Baturina, it was from Inteco. And Inteco invested -- we're really
17 not sure why that 3.5 went to RST. Inteco invested close to $120 million with us in
18 Rosemont Realty. So, you know, on that particular wire, there was some commission
19 element. There was a -- two warehouses in Brooklyn. I don't know what the specifics
20 of the wire were, but it was -- quite frankly, it was not supposed to go there, but that's
21 where it went.
22 And RST was set up to be the equity shareholder of BHR. So Rosemont Seneca
23 Bohai ends up being the shareholder of BHR, the "R" -- you know, so -- but we'd set up
24 RST with this group called Thornton, which was once the group that introduced us to
25 Bohai. And because their regulation to own 30 percent -- so I think RST was in existence
59
1 for about 30 days. Because to own -- so there's three -- there was three partners: RSB,
2 which was Hunter and myself, and then Thornton, and 30 percent broke a threshold of
3 owning BHR.
4 So you had this, like -- I mean, it's -- you know, because, obviously, it's gone over
5 and over -- that was, like, really -- like, it was a mistake, because it didn't meet the
6 regulatory hurdles of BHR to be below 24.9 percent. Otherwise, you have to register
7 with their equivalent of the SEC as a shareholder. So that was a little bit of an anomaly.
8 But the 3.5 was a Rosemont Realty component of a $118 million, $120 million
9 investment.
11 A Thornton.
13 A Yes.
16 BY MR. MANDOLFO:
18 We've looked over and subpoenaed the Rosemont Seneca Thornton documents,
19 and one of the beneficiaries for Rosemont Seneca Thornton is Rosemont Seneca Partners.
20 And so I just want to see that -- who was the chairman of Rosemont Seneca Partners?
21 A Hunter.
24 Mr. Schwartz. His question is, who was the chairman of Rosemont Seneca
25 Partners?
60
2 But RST was, like, kind of a mistake, at the end of the day. Not -- it wasn't a
3 mistake; it was just, like, a regulatory thing that we set up mistakenly, basically.
4 BY MR. MANDOLFO:
5 Q We've also traced the money, the $3.5 million, that came from Yelena
6 Baturina, and over $2 million of that travels into Rosemont Seneca Bohai.
7 A Right.
8 Q Do you know why over $2 million of that was going to Rosemont Seneca
9 Bohai, which was the same account also where Hunter Biden was receiving his money?
10 Mr. Schwartz. So I'm going to let him answer this question, but Yelena Baturina
11 is not within scope of this interview. It's not one of the names that you gave us, it's
12 not --
14 Mr. Schwartz. But, again, the letter which I sent you makes clear that everything
16 There's all sorts of stuff in those documents that is in scope and out of scope.
17 The documents are ones that you might use. I don't know for what purpose you were
18 going to use them. Only you knew your questions. But we had negotiated a scope
23 Mr. Schwartz. So that's why I said I'm not going to stop you from asking this
24 question. But we should move off of Yelena Baturina, in part because he's not prepared
1 Mr. Archer. Yeah, and I would -- the scope -- Yelena Baturina, just to get -- is a
2 total Rosemont Realty -- she's a Rosemont Realty -- so whether it was, like, an accounting
4 Mr. Schwartz. All right. His question is, why did that money go from Thornton
5 to Bohai?
9 But the Rosemont Realty relationship, though he met her once, was -- it is --
10 BY MR. MANDOLFO:
12 A Hunter met Yelena once, at that same Lake Como meeting. But there was
13 no -- he was not involved. I think we put him on the advisory board for a minute. And
14 he was really -- Rosemont Realty was completely out of his, kind of, portfolio.
16 A That was the meeting I referred to earlier, was probably in May of 2014.
19 A Sure.
21 A Uh-huh.
22 Q There's a wire, an incoming wire, to the Rosemont Seneca Bohai account for
24 Soon thereafter, there's an outgoing wire, which appears to be the next day, to a
1 What was -- first off, our understanding is that Novitas Holdings, PTE Ltd. is
3 A That's my understanding.
4 Q Why did Rosemont Seneca Bohai receive this $142,000 payment from
5 Rakishev?
7 Q Whose car?
9 Q Who did?
10 A Sebastian Momtazi.
11 Q And Sebastian --
12 A So, like, I wouldn't have sent these wires or received these wires or, like,
13 pressed "go" or -- he would have some rubber stamp, you know, and do it. Hunter
16 A Yeah.
17 Q -- the Rosemonts?
21 Realty.
2 A It gets a little foggy here. I believe it was a Fisker first and then a Porsche.
6 Q And you talked earlier about Kenes Rakishev. Do you know his
7 relationship -- and I don't mean familial; I just mean business relationship -- with Prime
10 Q How?
12 Kazakhstan, in Europe. He also has a prominent family. So that -- they -- Karim was
15 A Sure.
16 Q -- to the spring 2014 dinner, where two of the attendees, would you agree
17 with me, one had sent a wire to RSB account for $142,000 and another one of the
18 attendees had sent a wire to RST for $3.5 million? Is that correct?
19 A It is not completely correct, because the RST transfer was part of a much
21 Q But these are people who you and Hunter Biden are in business with,
22 correct?
23 A Correct. Well, with Kenes, no -- I mean, I don't think he ever -- Kenes was
24 pitched -- was pitched to Rosemont Realty, but I don't think he ever -- he never -- the only
7 Mr. Archer. No. Hunter we put on the board of Rosemont Realty for a very
9 Mr. Greenberg. Did Hunter receive a distribution when Rosemont Realty was
10 sold?
11 Mr. Archer. I believe so, I believe a very low amount of distribution for his
14 Mr. Archer. I don't know. And that would've been associated with capital
16 BY MR. MANDOLFO:
21 Q So --
22 A That's why I clarified the point, like, I wasn't, like, doing this banking.
23 Hunter was a corporate secretary of RSB. We had a handshake 50-50 ownership. And
25 Q So you're telling us here today that you don't know why this expensive car
65
2 A No, I don't know why. I was jealous -- no, I'm just kidding.
6 Mr. Abourisk. When the $3.5 million comes into Rosemont Seneca Thornton, an
10 Mr. Abourisk. But it's correct that that money, that $3.5 million, roughly
11 $2.5 million of that was not wired to Rosemont Realty, it was wired to Rosemont Seneca
12 Bohai, right?
14 Mr. Archer. Is that -- I don't know, but if it -- you're saying that's the case.
15 Mr. Abourisk. And Rosemont Seneca Bohai, like you just said, was a 50-50
19 BY MR. MANDOLFO:
20 Q And to finish up this spring 2014 Cafe Milano dinner, is there anything else
23 Q Yes.
2 A That dinner was -- I think we went over it before, but it was Vadym, Hunter,
3 Joe, myself, Karim Massimov, a Greek Orthodox priest, maybe someone from World Food
4 Programme.
5 Q And what did Joe do at that dinner? Did he have dinner? How long was
6 he there?
7 A He had dinner. He had dinner. And there was -- on that one, I believe the
8 first one was, like, a birthday dinner, and then the second was -- I think we were
9 supposed to talk about the World Food Programme. So there was some talk about that.
10 Mr. Goldman. Did you say when the first one was? I'm sorry, I didn't hear.
22 Mr. Schwartz. I think you said it a second ago, that Hunter Biden was the
23 corporate secretary of RSB. Do you know that to be true, or are you recalling a
3 Mr. Schwartz. To your independent knowledge, did Hunter Biden ever have any
8 BY MR. MANDOLFO:
11 A Right.
12 Q So Hunter Biden at this time, he has -- at least for part of the RSB account, he
14 A Uh-huh.
15 Q What is the purpose in Hunter Biden receiving all of this money into the RSB
16 account? Because if I am partners with you and we have a split, you have access to the
17 entire account.
18 A Right.
20 So why was Hunter Biden not receiving this money in his Owasco account, where
23 Mr. Schwartz. Well, you answered that in part before. Did you view these
24 payments as personal payments to you and Hunter, or was that revenue for --
1 But, at the end of the day, that was how we set it up. There were investments
2 made from it. You know, it's all -- I see all -- you know, in here. And it just kind of
4 BY MR. MANDOLFO:
5 Q One of the phone calls that you discussed with Vice President Biden on was
7 A Yes.
13 A I don't. It would be before, you know, spring of '16 and after spring of
14 2013.
16 A CEO.
17 Q And --
19 He left -- he was the CEO of Bohai Sea Industrial Fund, and he wanted to get out
20 of, you know, kind of a government private equity fund. And so he had the
21 entrepreneurial spirit to, you know, come to the States. I actually took him on a tour
22 of -- we met with Blackstone, with, you know -- I don't know -- Apollo, Franklin
24 And, in the meantime, we became -- Rosemont Realty got enough scale in, you
25 know, size of portfolio that we had a -- you know, we had a meeting, and he was like,
69
1 "Well, you guys are over 2 billion in AUM now. Why don't you just be the partner?"
2 And that was -- that's how -- how it was -- I was literally taking him on a roadshow
3 with all these -- with a lot of other firms that they were going to do JV with, and then he
4 suggested it to me, actually here in New York -- we're not in New York, but -- in New York.
5 Q Why did Hunter Biden put VP Biden on the phone, on the speakerphone,
10 Mr. Archer. Oh, no, no, they didn't discuss -- same answer for -- you know, I
12 Mr. Schwartz. He's asking if you and Hunter discussed why Hunter put his dad
13 on the phone.
15 BY MR. MANDOLFO:
16 Q What were Jonathan Li, you, and Hunter talking about at the time that
18 A Beijing, how great Beijing is -- or Chengdu, whichever city we were in. But,
19 you know, same answers -- non-specifics relative to business and just, you know, an
23 BY MR. ABOURISK:
25 A Sure.
70
1 Q -- on BHR. So you previously talked about -- you kind of went through the
2 30 percent --
3 A Threshold.
5 A Uh-huh.
6 Q So I want to take you back to -- when did you -- that 30 percent. And it
8 A Thornton?
14 A Yes.
16 A Yeah.
17 Q Okay. And when did you guys get ownership of BHR, that 30 percent that
21 A Yup.
22 Q Okay. And do you remember how much you all, the four of those partners,
25 Q Ballpark, $420,000?
71
2 Q And later in 2014, did you invest again -- did the four of you invest again in
3 BHR?
4 A In '14?
5 Q Yeah, later, in December of 2014 there was another cap -- was there another
8 Q And how much did the four of you all put in December --
9 A A lesser --
10 Q -- of 2014?
11 A -- amount, I believe.
15 A Yeah.
17 A Correct.
23 A Maybe. Yep.
4 What?
5 BY MR. ABOURISK:
7 A The final?
11 BY MR. ABOURISK:
13 A I don't know. I know it's in here, but I would say, you know, probably
14 in the -- it probably all, you know, totaled out to a million and a half from the RSB side.
15 Q Okay. And for that million and a half dollars that was invested in BHR --
16 A Uh-huh.
17 Q -- that got the four of you, it got you two board seats on BHR? Or how
21 A I did.
23 A I sat on the board from the beginning -- I was the vice chairman -- until I had
24 my legal issues.
1 A I think -- well, it was under -- yeah. May 31st, my birthday. May 31, 2016.
8 He knows better.
9 BY MR. ABOURISK:
10 Q Got it.
11 And when did Hunter sit on the board of BHR, to your knowledge?
13 on the board at some point, but I don't know if it was before or after. That's a little
14 fuzzy.
16 A Perhaps. I don't know the answer to when he was on the board. I'm sure
21 Mr. Archer. Because I know it was on and off, but he was definitely on the board
22 at some point.
23 BY MR. ABOURISK:
1 Q Okay. You were on the board of BHR and didn't know why a fellow board
3 A I just -- if you can give me the times that he was on and off? Do we know
4 the times?
5 Q No, no, I'm asking you. When you were on the board in 2014 at BHR, was
6 Hunter on the board? I mean, he was invested in the company with you, right, in 2014?
8 Q Okay.
9 A And I think he stepped off at some point, probably after Schweizer's book.
10 It's true.
11 Q Okay.
13 Q Got it.
15 Q Okay. Thanks.
16 BY MR. GREENBERG:
17 Q You mentioned earlier in the interview that there was pressure coming from
19 A Uh-huh.
20 Q -- that he was facing. And you mentioned that one of those angles was his
22 A Correct.
25 Mr. Archer. I don't know. I know he was having difficulty receiving a visa.
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1 BY MR. GREENBERG:
3 A Did anybody speak to me about why he was -- no. I just know that he was
6 A Correct.
7 Q And then he --
13 BY MR. GREENBERG:
14 Q If we can look at exhibit 10, this is an email from, at the bottom, Vadym
15 Pozharski on October 20, 2014, to Devon Archer, subject: "visa update." It says,
16 "Hello, mate. Are there any news re the visa issue? Vadym."
17 And then you wrote to Hunter Biden, "Any progress with DHS?"
18 Is that correct?
20 BY MR. GREENBERG:
22 A I don't remember writing this specifically, but I acknowledge that there was
1 BY MR. GREENBERG:
3 within DHS?
5 Q Do you know -- do you remember why you thought Hunter Biden had any
8 Q And do you remember any discussions regarding Hunter Biden with any
10 A Yes, it was -- yes. Was Hunter -- did Hunter know about the visa issue?
11 Q Yes.
12 A Yes.
14 A He got rejected when he had got his visa; can you guys help us with
15 someone? And they spoke to a former DHS lobbyist lawyer-type person, which -- the
16 name escapes me, but I'm sure it's somewhere in the laptop.
18 A I know that name. I feel like it's a different person for this particular issue,
19 but maybe.
25 Mr. Archer. I remember that name, but not in connection with this. I think it
77
1 was a more -- there was basically -- like, essentially -- not "essentially." There's a
2 lobbyist that the D.C. team would call for, like, visa issues, and that was the guy that was
3 engaged.
4 BY MR. GREENBERG:
6 A Oh, no. I don't know if it's Amos Hochstein. That doesn't sound familiar.
8 Q All right.
9 BY MR. MANDOLFO:
10 Q Let's talk about some of the other times that you've interacted with Vice
11 President Biden.
12 A Uh-huh.
13 Q You went to the -- I believe it was the "visit Vice President Joe Biden" in April
14 of 2014. What was -- why did you go visit him then, if you can recall?
18 Q Well, it would've been around the same time that you had just joined the
19 board of Burisma. You got your payment from Burisma on April 15th of 2014.
22 Mr. Archer. Yeah. Yes. That's what I was looking for. Yeah, the --
24 Mr. Archer. The, yes, meeting -- I met with Vice President -- then-Vice President
25 Biden in the office next to the White House, the Vice President's office, like that formal
78
1 office.
2 And it was -- I brought my son. We went into -- we did -- like, went into the
3 armored cars and did some things -- you know, showed him the thick glass. And
4 we -- this -- I mean, I think we have video that was, like, on Twitter, but basically we were
5 talking about his paper-mache White House project for second or third grade.
6 And then Hunter joined us for some portion, I think the formal White House
7 portion of that.
8 BY MR. MANDOLFO:
9 Q And then in the spring of 2015 you attended a breakfast at the Naval
11 A No --
13 A No, the U.N. Secretary-General was not present at that breakfast. But it
23 Q Did there come a time when you ever met with the Prime Minister, Karim
24 Massimov, of Kazakhstan?
1 Q Yes.
3 Q And did you meet with him with Kenes Rakishev at any point?
4 A Yes.
6 A The purpose of meeting -- well, I was -- I was trying to raise capital for
7 Rosemont Realty.
9 Corporation, CNOOC?
10 A CNOOC. I mean, that could've come up, but I don't -- I don't remember
12 The other reason for Massimov were Burisma Eurasia, because he was the Prime
13 Minister, and Burisma was trying to expand its businesses, so I leveraged the relationship
14 to introduce him to the company -- the country and new equipment and technology and
15 clean drilling.
16 So that was -- that was probably some of the effort. But, initially, it was the
18 Q Are there any other dinners with Vice President Biden that we have not
22 A Well, I think we had Vietnamese food in Georgetown once with just Hunter.
25 A I can't recall right now. But I think that those were, like, the extent of
80
3 A Golf, yes. I think everybody's well aware that I've golfed with the Vice
4 President.
6 A Hunter. And in one of them, we played with, you know, three different
9 A A lot of Secret Service. Yeah, I don't think anyone else was present on the
10 golfing.
12 I'm not asking about any communication between you and your attorney -- outside of
13 your attorney, about you testifying here today with the committee in order to try and get
18 BY MR. MANDOLFO:
19 Q People who you know. How about that? People who you know.
21 Q No --
23 amount of --
24 Mr. Schwartz. He's not asking for your advice. He's asking if anyone was
25 passing a message to you not to testify, on behalf of the family or the administration.
81
2 BY MR. MANDOLFO:
3 Q What indirectly?
4 A No, just, you know, death threats and my parents' death threats and all that
5 kind of stuff.
6 Q When was the last time you spoke with Hunter Biden?
7 A I had a Signal message exchange when his book was published. I can't put
2 [12:43 p.m.]
3 BY MR. MANDOLFO:
4 Q Did Hunter Biden ever use encrypted apps when he talked with you?
5 A Signal.
7 A I mean, quite frankly, in the scope of what we're talking about, that was, like,
8 all post my issues. So not often, not often. Here, you know, here and there.
9 Q I believe you've mentioned this person before. But who's Eric Schwerin?
10 A Eric is -- he was the, you know -- you know, for lack of a better term,
11 Hunter's kind of COO at Rosemont Seneca Advisors and Seneca before that, I think the
14 A He was -- he was the founder of Eudora Global, which was a firm that Hunter
16 Q When was the last time you talked with Jeff Cooper?
18 Q And so when was the last time you talked with him?
20 BY MR. MANDOLFO:
21 Q I want to get into some documents to see if you have them in your
23 A Sure.
24 Q Were there any -- related to Burisma -- were there any documents created in
25 relation to the board, such as board minutes, related to board appointments, resolutions,
83
2 A Am I aware?
6 A Yes.
7 Q And your answer to the second question is you don't know where they are at
8 the moment.
9 A Correct.
10 Q Do you have any text messages or emails with any Burisma associates or
12 A No.
15 Q What about related to Rosemont Seneca Partners? Are all of your -- are all
17 A Yeah, I don't have -- like, as far as documents, I don't have any -- I don't
19 Q Is there any --
21 Q Excuse me?
23 Q Is there anyone holding any of your documents that you're aware of at the
24 moment?
25 A AlixPartners.
84
2 Mr. Schwartz. Sorry. They are retained through counsel. So that's us.
4 Mr. Schwartz. We have some documents. I'm not saying responsive to your
6 BY MR. MANDOLFO:
7 Q If you can go to exhibit 1, tab 7. If you go to the line item that's August
8 26th of 2015.
9 A Yes. Sorry.
10 Q There's a beneficiary?
11 A Uh-huh.
13 A Uh-huh.
17 Mr. Archer. Right. I'm assuming. MFTCG Holdings. Is that -- the account
20 Mr. Mandolfo. This is the bank records. This is the record that was created by
21 the bank, and I'm just asking if you know that company.
24 Mr. Archer. Rob Walker was another Rosemont Seneca Advisor partner.
25 Mr. Greenberg. In 2015, Rob Walker used his company, Robison Walker, LLC, to
85
5 I know you're going to think I sound like a one-note piano, but I've got to keep
9 Mr. Biggs. I've got to understand the brand if I can -- so I can understand all of
10 this.
11 You're in Dubai and you're told that there's pressure coming on and going to make
12 a phone call to D.C., and, if I understand it right, they excuse themselves to go make this
13 call, right?
14 In the meantime, one thing you've said is that you guys had -- you worked with
17 Mr. Biggs. Blue Star Strategies. And they took care of some of the lobbying
20 Mr. Biggs. Okay. And -- but you've also testified that President -- excuse
21 me -- then Vice President Biden would make phone calls and actually made some -- went
23 And he might just say, "Hey, how's it going, take care of my boy" -- I don't know if
24 he said, "Take care of my boy" or not. I don't know. But he was giving some
25 glad-handing types of comments when he would call in. I think you testified about 20
86
2 Mr. Schwartz. Is the question did Hunter Biden and his father speak 20 times in
4 Mr. Biggs. No, no, in these conference calls, whether it was a dinner meeting or
7 Mr. Biggs. Okay. And so what I'm trying to understand here is you had Blue
10 Mr. Biggs. You had Vice President Biden. Vice President Biden either attended
11 or made phone calls. But I assume that nobody from Blue Star Strategies was calling in
12 and getting put on a conference call with potential clients or business people. Is that a
13 fair assumption?
14 Mr. Archer. No, not necessarily. Blue Star was working very hard for their -- so
15 they were -- they were very well engaged with Burisma. They had a lot of problems.
17 Mr. Biggs. They had a lot of problems, but they weren't being called in to recruit
18 or to --
22 Mr. Biggs. To recruit or to basically be a PR face for your partnership like Joe
23 Biden was.
24 Mr. Archer. I disagree. They were brought in and -- and, you know, brought in
25 for other meetings. They were brought in to, you know, have meetings with State
87
1 Department people.
2 And, you know, they were -- Blue Star was very active with kind of dealing with
3 lower-level, you know, government folks to help advance whatever Burisma was trying to
9 Mr. Biggs. D.C. But earlier in your response to me you said it was really the
10 Biden -- the Biden family. And then we got to it wasn't anybody else but Joe Biden.
13 Did anybody else from the Biden family, as part of the Biden brand, ever show up
14 at these dinners or phone calls -- have phone calls -- or was it just the Vice President?
16 Mr. Biggs. And did Vice President Biden ever call in to Burisma board of director
17 meetings while you were on the board or Hunter was on the board to your knowledge?
18 Mr. Archer. Not to my knowledge. I was on the board. I would say no, not to
20 Mr. Biggs. Then that leads me to ask this follow-up question. What do you
21 mean when you say not to the actual board meetings? Was there some other way he
1 Mr. Biggs. -- put this square peg in the round hole again.
3 Mr. Biggs. Is what I understand you to be testifying to, you don't have to
4 comment about what my understanding -- what my understanding. You just say I've got
6 And that is you had this group of individuals, Blue Star management, whatever
7 they were, that were working actively as problem solvers for, say, Burisma, right?
9 Mr. Biggs. And on the other hand, you had what you call D.C., and it became the
10 name brand, which we all agree is Joe -- Vice President Joe Biden. He's over here. And
11 he's making calls to all kinds of folks, 20 of them that you had mentioned. Fair to say?
15 Mr. Biggs. The Vice President made 20 calls. That's what you said.
16 Mr. Archer. Let's clarify. He did not -- whether it was Joe calling --
18 Mr. Archer. -- there was a call. And that also is over, you know, 10-year
19 partnership. So --
20 Mr. Biggs. But he was the brand, face of the brand, not anybody else?
23 Mr. Archer. No one else in the Biden family. It was Hunter Biden and him.
24 Mr. Biggs. And not the D.C., what do you call them, the machine or, you know,
25 the machine manipulators, Blue Star agency, right? That was not --
89
1 Mr. Archer. That was complementary to the brand. That was the operational
2 elements.
6 Mr. Mandolfo. I just have one question about Jeff Cooper. It falls within, even
7 though it's April 2016, he's a Biden associate. Whether any Biden associates, including
8 Jeff Cooper or anyone from the Biden administration, has communicated in any manner
11 Mr. Mandolfo. Clark, anything you want to add? You've got 1 minute.
19 [Recess.]
21 EXAMINATION
22
24 A Thank you.
1 were shown during the Republicans' round of questioning. You were shown various
3 A Uh-huh.
4 Q The majority staff has represented -- the Republican staff has represented
5 that they come either from the internet or from a hard drive in their possession that they
7 Mr. Archer, I want to be clear. You are unable to authenticate these emails. Is
8 that correct?
10 Q You don't have a personal memory or recollection that would allow you to
14 Q I'd like to start off by coming back to Burisma, which we've talked about a
15 lot.
16 You mentioned during the Republicans' round of questioning that you were
17 invited to come join the board of Burisma by former Polish President Kwasniewski.
18 Is that right?
19 A Correct.
21 A Uh-huh.
22 Q -- in Poland.
23 A Uh-huh.
1 compensation. I think that he also had some -- there was some messaging about energy
3 Q And was that something that Mr. Kwasniewski felt important about?
4 A I think so.
6 Russia.
7 A Right.
8 Q And is that a pitch that he made to you when he was trying to recruit you to
10 A Yes.
11 Q There's been public reporting that at the time in recruiting board members
12 Mr. Zlochevsky, the owner of Burisma, explained that he wanted his company to adapt to
15 A Yes.
16 Q And can you explain kind of what expertise you brought to the board of
17 Burisma?
19 about -- around me raising additional, you know, outside capital, possibly debt capital,
20 expansion capital, from, you know, European, Western, Singapore, U.S. markets, for them
21 to -- I think the initial idea was expansion into the U.S. by a small U.S. company.
22 But as things got, you know, hotter, it was -- it was by, you know, by
23 another -- expand it to other countries that were less sensitive to kind of the -- the public,
24 you know, press and what have you in regards to the company.
1 The second, when the capital window kind of closed based on really, you know,
2 based on Hunter joining the board, When the capital window closed, it became, "Okay,
4 Q And you explained that you had a background in finance and private equity --
5 A Uh-huh.
6 Q -- in Asia?
8 Q So is it fair to say that, you know, you had a lot of business connections --
9 A Yes.
10 Q -- throughout Asia?
11 A Uh-huh, globally.
15 A Yes.
16 Q And what --
17 A Just in general.
18 Q And what was -- what was your -- what were your conversations with Hunter
21 representation and then evolved outside of my -- well, it was in my purview but outside
23 Q And by that you mean at the time Hunter Biden was of counsel at the law
25 A That is correct.
93
1 Q And is it fair that you talked to Hunter Biden about corporate governance
3 A Yes.
4 Q And is it fair that you thought that he and the firm of Boies Schiller might be
6 A Yes.
9 like, a Crowell Report. Then we commissioned a report from Nardello, which still sits in
10 my office -- it's about ten binders wide -- to, you know, to dig into the governance and,
11 you know, vision forward and set new ground rules and all that kind of stuff.
12 So, yeah, it was very -- we were very active. That took quite some time.
13 Mr. Goldman. And he, Hunter Biden, was involved in that process?
19 that fair?
20 Mr. Schwartz. He'll stipulate it's the greatest law firm ever.
22 And Mr. Biden, who was an attorney at that law firm, is it fair to
23 say that he had some expertise in issues of corporate governance from a legal
24 perspective?
1 I want to turn to --
3 You said you met Hunter Biden at one of the conventions and then were
4 reconnected to him through your mutual friend, Chris Heinz, in around 2008.
7 Mr. Archer. Yeah, so I would have met him with Chris Heinz at the convention.
9 Mr. Archer. And then this attorney, LoPresti, introduced us, Marc LoPresti.
10 Mr. Goldman. At that time what did you know Hunter Biden's profession to be?
11 Mr. Archer. Well, he introduced himself as a, you know, a -- he was in the D.C.
12 advisory business, that he had -- he was going to have to leave lobbying or he left
13 lobbying -- I forget at the time -- and shifted from lobbying to advisory, and that he was
14 the -- obviously, he was then interested in private equity. So he was, "Why don't we
16 Mr. Goldman. You said initially that there were some rumblings that you
17 overlapped --
24 Mr. Archer. He graduated from Yale Law School. Two of the years he was -- I
25 think he transferred from somewhere. But two of the years he was there and lived very
95
1 close to me.
3 Boies Schiller after having a career in lobbying, advising, consulting, and some business
4 ventures?
5 Mr. Archer. Yes, some business ventures. But, yeah, it was all in the legal.
8 Q And we talked about how President Kwasniewski felt that Burisma had a role
10 A Uh-huh.
12 Is it fair to say that Hunter Biden kind of shared that thought? He was quoted,
13 for example, in the press as saying that: Helping out a domestic Ukrainian gas producer
14 as a bulwark against Russia -- Russian aggression -- seems like I was on the side of angels.
16 Q So is it fair to say that there was kind of an idealistic fiber to Hunter Biden's
18 A In part.
19 Q I want to turn to exhibit 2, which is one of the exhibits your counsel and
20 Republican -- committee Republicans agreed to as one of the exhibits in this TI. I want
22 "Burisma has an opportunity here to play the hero if it ignores the artificial market
10 A Uh-huh.
11 Q -- where in this email it says, "We can actually be of real value here.
15 A Yep.
16 Q Does that coincide with your recollection of the value that Hunter Biden felt
18 A That is -- I felt like that was -- yeah, I think collectively we probably felt that.
20 Mr. Archer. Yeah, I think that's the -- that was kind of the spirit of it.
21
23 A Uh-huh.
24 Q -- where it says, "To that end, they" -- and I believe "they" is a reference to
25 Burisma here -- "need to know in no uncertain terms that we will not and cannot
97
1 intervene directly with domestic policymakers, and that we need to abide by FARA and
2 any other U.S. laws in the strictest sense across the board."
4 A I do.
6 Registration Act?
7 A I do.
9 Mr. Archer. Yes, current understanding, yes. At the time I don't think I was
12
13 Q Is it your understanding that Hunter Biden felt that it was important that his
15 A Did he -- did I --
16 Q Yes.
19 A Based on interactions, and I don't think he was looking to break any laws.
20 Mr. Goldman. Well, on this, does this refresh your recollection, this email, as to
21 whether or not you heard him say that to you either in writing or verbally as you look at
22 this document?
23 Mr. Archer. Yeah. He -- yes, he was -- he was very -- he was cognizant of his
24 name and his brand and would talk about it, yeah.
25 Mr. Goldman. This doesn't talk about the name and the brand. This just talks
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3 Mr. Goldman. -- the scope of what he can and cannot do and that he cannot
4 intervene directly with domestic policymakers and need to abide by FARA and any other
6 Was that your understanding of both his approach and Burisma's understanding,
7 as well?
8 Mr. Archer. I would say -- I would say yes to the first part of the question. The
9 first part of the statement, yes, I think Burisma was constantly looking for more.
10 And it kind of speaks a little bit to that other email that we used as an exhibit
11 earlier where it's, like, we're going to use my dad's thing and take credit for it. There
12 was an element that he was always trying to avoid that but at the same time trying to
15 Mr. Schwartz. Your reference to the name and the brand, what you mean is he
16 had to be scrupulous about not violating the law because that would --
19 Mr. Goldman. All right. So when you were talking about the name and the
22 Mr. Goldman. -- it was your understanding that he was even more fastidious
3 Mr. Archer. It was a -- it was a constant push-pull in that regard, you know.
10 Mr. Goldman. And Hunter Biden understood that he could not do that, but he
11 was trying to --
13 Mr. Goldman. -- balance it and prove value to a company that expected him to do
14 things that --
18
19 Q And so as a Biden, it was important for him to follow the law. Is that fair?
20 A That's fair.
21 Q On point 17, on this same email, the previous page, it says, "BSF" -- which I
22 believe is a reference to Boies Schiller Flexner -- "can actually have direct discussions at
23 state, energy, and NSC. They can devise a media plan and arrange for legal protections
24 and mitigate U.S. domestic negative press regarding the current leadership if need be."
1 followed the law, was to hire a different partner at Boies Schiller to take care of these
4 Q And so was the idea that hiring kind of that firm for that mission would help
5 ensure that actions on behalf of Burisma stayed in compliance with the law?
7 Q And in addition to -- and just to be clear, when he talks about Boies Schiller
8 doing that, he's talking about a different partner at Boies Schiller, not him, right?
9 A Right.
11 some point a different -- I think you called it lobbying group -- the Blue Star Group was
13 A Correct.
14 Q And then when we talked about exhibit 10, which is the email about any
16 A Uh-huh.
17 Q -- I think you mentioned that there was another lobbyist who was brought in
19 A Yes.
20 Q And I think you said that it actually was unsuccessful and Mr. --
21 A Yes, he never --
25 affairs and lobbying experts to handle the interactions with U.S. Government agencies?
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3 A Uh-huh.
4 Q Is it fair to say that there was a whole D.C. team that handled public affairs
5 on behalf of Burisma?
6 A Yes.
7 Q And that D.C. team was firms like Boies Schiller, Blue Star Group, this
9 A Fair.
12 Mr. Goldman. You mean Joe Biden is not the D.C. team.
14
17 A Uh-huh.
19 In 2020, going back a few years, the Senate Committee on Homeland Security and
20 Governmental Affairs and the Senate Finance Committee, which were then under
23 behalf of Burisma and then Vice President Biden's role in carrying out official U.S. policy in
24 Ukraine.
3 A Uh-huh.
5 summarizing the findings. And I'd like to read those for you.
6 "Every witness interviewed for this investigation testified that Vice President
7 Biden did not alter United States foreign policy to benefit his son Hunter Biden, and that
8 Hunter Biden's presence on the board of the Ukrainian gas company Burisma had no
10 "Every witness stated that Hunter Biden and his associates had no role in the
11 formulation of U.S. policy, that Hunter Biden's role did not influence U.S. foreign policy
12 decisions, and that Vice President Biden carried out U.S. foreign policy in the interest of
14 "The investigation's evidence, set forth in this Minority report, confirms there was
16 Having read that for you, I have a few questions for you based on your own
18 So based on your own knowledge and experience -- your relationship with Hunter
19 Biden, your time on Burisma's board, and the entirety of your knowledge and
20 experience -- do you have any basis to disagree with the conclusion that, quote, "Vice
21 President Biden did not alter U.S. foreign policy to benefit his son Hunter Biden"?
1 Q -- of him --
4 A I have no knowledge.
5 Q You -- do you have any basis to disagree with the conclusion that "Hunter
6 Biden's presence on the board of the Ukrainian gas company Burisma had no effect on
8 A Not directly. You mean like making laws? I don't -- I don't think so.
11
13 A No.
14 Q Do you have any basis to disagree with the conclusion that "Hunter Biden's
17 Q Do you have any basis to disagree with the conclusion that "Vice President
18 Biden carried out U.S. foreign policy in the interest of the United States"?
21 A Or disagree.
24 A No.
1 that "there was no corruption, wrongdoing, or impropriety on the part of Vice President
2 Biden"?
5 Mr. Goldman. I'm sorry. You have no basis to know or is that a no?
8 Mr. Schwartz. Are you aware of any wrongdoing by Vice President Biden?
10
13 A No.
14 Q The report also found, quote, "No evidence that any action of the U.S.
15 Government or any U.S. official was taken to benefit Burisma or Hunter Biden."
17 A No.
18 Q So based on everything you saw, heard, and observed, did you have any
21 Q No involvement of Joe --
22 A No.
24 A No. My only thought is that I think Burisma would have gone out of
25 business if it didn't have the brand attached to it. That's my, like, only honest opinion.
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4 Mr. Goldman. You're just talking about that Hunter was on the board.
10 Mr. Goldman. Well, I don't understand. How does that have an impact?
11 Mr. Archer. Well, the capabilities to navigate D.C. that they were able to, you
12 know, basically be in the news cycle. And I think that preserved them from a, you know,
13 from a longevity standpoint. That's like my honest -- that's like really what I -- that's like
20 Mr. Archer. So on this line of questioning, I have no, like, proof. I have no
21 nothing.
22 Mr. Goldman. Let's talk about legally, I think just pivot to that, because you had
23 said earlier that -- I believe the direct quote is that Burisma felt like they had Shokin under
24 control.
2 Mr. Archer. That was like -- that was a narrative that was -- that was told to me
3 by various of the D.C. team, that the firing of Shokin was bad for Burisma because he was
4 under control.
6 Mr. Archer. Meaning that they were going to maybe give a slap on the wrist as
7 opposed to --
13 Mr. Goldman. But you're not actually aware of any investigation by the
15 British investigation.
16 Mr. Archer. Right. The British investigation I was aware of. I think in the
17 early stages, like the visa and the British, I was made aware of. And then it kind of
18 my -- I had other responsibilities and I was less informed as we moved forward and Blue
23 Mr. Archer. I was, like, an FYI at first, and then I became less FYI as time
24 progressed.
2 Mr. Goldman. Was that a bad thing for -- and the Burisma leaders felt like that
7 Mr. Archer. Exactly. Not by the Burisma leaders. I was told by the D.C. team.
10 Q So there was a lot of talk about the December 2015 phone call that you
11 made.
12 A Uh-huh.
13 Q So I want to kind of zoom out and kind of take stock of what was going on at
14 that time.
15 A Sure.
17 A Uh-huh.
19 A Yes.
20 Q And it was widely reported that that was because of a lack of cooperation
22 A Correct.
23 Q And so this goes to this idea that Shokin, who was prosecutor general in
25 A Uh-huh.
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1 Q Is that fair?
2 Now, Vice President Biden was vocal about his concerns about corruption in the
4 A Correct.
5 Q And called for the removal of Shokin from office. Is that correct?
8 described how Vice President's public calls for the Ukrainian Government to remove
9 Shokin as prosecutor general was part of an anticorruption policy of the U.S. Government
10 with broad bipartisan support, as well as support from allies and international institutions
14 Q Yeah. The Vice President's public calls for the removal of Shokin was part
17 Q But it was bad for Burisma. That was the perception at Burisma, because
19 A No. Burisma never informed me of that. I just was -- that's what was I
20 told, that it was bad for Burisma. But I don't know. I don't know if it was good or bad.
23 Mr. Goldman. But you knew that the funds were unfrozen --
4 Mr. Goldman. So if you heard that from the D.C. team and then you thought
5 about your understanding of what happened with those funds, your own personal
10
11 Q And the same minority report noted that State Department officials
12 interviewed in this investigation explained that Shokin did not pursue corruption
13 investigations against Burisma's owner, effectively shielding the owner from prosecution,
14 and that removing Shokin made an investigation into Burisma more, not less, likely.
16 A Uh-huh.
18 A But quickly after, where all of his assets were seized, Zlochevsky, and he had
19 to leave Ukraine.
20 Q But so do you have any basis to believe that Vice President Biden's call for
21 Shokin's removal was driven by anything other than the U.S. Government's anticorruption
22 policy in Ukraine?
2 Q And so kind of going back to the call in Dubai in December of 2015, you
4 A Uh-huh.
5 Q -- to go make a call --
6 A Uh-huh.
8 A Right.
9 Q And I think you described that you were told that the call was a call to D.C.
10 A Correct.
13 Q You don't know whether it was to the D.C. team that we talked about earlier.
14 A I do not know.
15 Q I also -- okay. I want to ask you now about an FBI Form 1023 --
16 A Uh-huh.
17 Q -- that Chairman Comer and Senator Grassley recently made public, on July
18 20th.
19 A Right.
21 A Yeah.
23 reporting years after the fact statements supposedly made by executives at Burisma,
25 A Yes.
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4 statement attributed to Mykola Zlochevsky that says, "It costs five to pay one Biden and
7 A I do. I do.
8 Q Were you ever made aware of Mr. Zlochevsky paying $5 million to two
9 different Bidens?
10 A No, I'm not. I would assume he's probably talking about me and Hunter,
11 but I don't know. But I don't know anything about those five.
12 Q Based on your knowledge, including your work for Burisma's board, your
13 conversations with Hunter Biden, Mykola Zlochevsky, and others at Burisma, does this
14 allegation strike you as credible, meaning the allegation that there were two $5 million
16 A I think it's -- the agent explains it pretty well on the bottom. And it's similar
17 to, you know, Hunter Biden taking credit for his dad's visit. It's like sending a signal.
18 So he's bragging to this guy that they paid, you know, where he probably paid $5
19 million or whatever, $6 million altogether, you know, so that, you know, just to show
20 he's -- well, there's a lot of -- and he explains it. I forget. There's a word in the
21 document.
6 A The $5 million and the $5 million, I first saw that in the document.
7 Q And so I think the point you're referring to is that in this document the
8 confidential human source says he cannot opine to the veracity of the allegations and
9 notes that it's not unusual for Ukrainian business executives to brag or show off.
10 A Correct.
13 Q If someone were to conclude from this that this is evidence, this Form 1023
14 is evidence that Joe Biden was bribed by Mykola Zlochevsky, would you disagree with
15 that conclusion?
16 A Yeah, I would.
18 A Uh-huh.
22 In another sense, you know, is it fair to say that people in D.C. like to give off the
24 A Yep, correct. And in Ukraine, in Russia they brag about how much -- they
25 brag about bigger bribes than they actually give. So it's pretty kind of similar symbiosis
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1 there.
2 Q Now, I want to come back to exhibit 2, which you discussed, and point 18,
4 as part of our advice and thinking -- but what he will say and do is out of our hands. In
5 other words, it could be a really good thing or it can end up creating too great an
7 A Yep.
8 Q So to the extent you remember, would this have been a comment about an
9 upcoming trip of Hunter Biden -- of then Vice President Joe Biden to Ukraine?
14 there -- shortly after April 12th, 2014, there was an upcoming visit of Vice President Joe
15 Biden to Ukraine.
18 Yes.
20 Yes.
22
23 Q And to your knowledge, did Hunter Biden have any role whatsoever in
2 A No.
6 "He will say" -- "What he will say and do is out of our hands."
7 Does it accord with your recollection that Hunter Biden had no ability to influence
9 A Yeah, I have -- I have no -- I have no basis to understand what his father and
10 his conversations were about policy in Ukraine. But, as you can see, that seems pretty
11 familiar, that, you know, he can't influence it but take credit for it.
12 I mean, that was -- it's literally the back and forth between the last exhibit and this
13 exhibit. That's what goes on. People send signals and those signals are basically used
14 as currency. And that's kind of how a lot of D.C. operators and foreign tycoons and
15 businessmen work.
16 Q In other words, it's not that Hunter Biden was influencing U.S. policy. It's
17 that Hunter Biden was falsely giving the Burisma executives the impression that he had
20 Q And in exhibit 3, there appears to be a quote from Vice President Joe Biden
21 about fighting the cancer of corruption and about the importance of Ukraine reducing its
23 A Uh-huh.
25 A Yes.
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1 Q And there's a statement here that seems like it comes from you that says,
2 "We need to make sure this ragtag temporary government in the Ukraine understands
7 A Yeah, I thought we were doing something good. It's all funny in retrospect.
9 A Yeah. A fresh company that was doing incredibly well and incredibly
10 efficient in their, like, capacity and hit rate and all that stuff. So it was -- yeah.
11 Q And then above that there's a comment that's attributed to Hunter Biden
12 that says, "You should send to Vadym -- makes it look like we are adding value."
13 A Yep.
14 Q "Makes it look." Does that mean that he's actually adding value or that
19 Mr. Archer. The commonsense interpretation is taking credit where credit is not
20 due.
21
22 Q In other words, Hunter Biden would take credit for his father's actions, even
1 A Yeah.
2 Q Is that fair?
6 Q Did Hunter Biden ever tell you, "I can get my dad to change U.S. policy"?
7 A No.
8 Q Are you aware of Hunter Biden ever asking his dad to change foreign policy?
9 A No.
10 Q Are you ever -- were you ever privy to any conversations between Hunter
12 A No.
14 A No.
16 A No.
17 Q So is it fair to say that Hunter Biden was selling the illusion of access to his
18 father?
19 A Yes.
21 A Uh-huh.
22 Q -- it's not about selling access to his father. It's about selling the illusion of
24 A Is that fair? I mean, yeah, that is -- I think that's -- that's almost fair.
1 A Because there -- there is -- there are touch points and contact points that I
2 can't deny that happened, but nothing of material was discussed. But I can't go on
9 Q By "touch points," you mean Hunter Biden talked to his dad a lot. Is that
13 A Correct.
15 A Uh-huh.
17 A That's correct.
18 Q Did the frequency of interactions between Hunter Biden and his father
21 Q Did Joe Biden regularly check in on his son who's admitted he had issues
22 with --
23 A Every day.
25 A Uh-huh.
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1 Q Yes?
2 A Yes. Sorry.
3 Q In the context of those conversations, did you ever witness them discussing
5 A No.
10 Mr. Goldman. Do you recall when he got -- when his health really started
11 deteriorating?
14 Mr. Archer. He was distraught. Definitely a huge impact. And, obviously, you
20 Mr. Goldman. Yeah. And so you were still in a business relationship with him
21 during the period when Beau was sick and then after he died, when Hunter relapsed,
22 right?
24 Mr. Goldman. And what impact could you see that Beau's death had on then
1 Mr. Archer. Yeah. I think absolutely devastated, the same, you know, the
2 same -- very similar effect, obviously, about the relapse. But he was, yeah, devastated.
3 Mr. Goldman. So he died -- Beau died in the spring of 2015. Do you remember
9 Mr. Archer. So there was obviously always the notion of that he had gotten this
10 diagnosis, but it was -- he was fairly functional. And then it was -- then it was a very
11 quick, like, you know, you could really see it at the end.
12 So I'm thinking about, like, summer of -- so that was out. We were out to, you
13 know, and like the last time I saw Beau was we had ice cream in South Hampton with the
14 kids. And he was, like, on the way out, and it was, yeah, it was really sad.
15 And, obviously, his dad there was and he was extremely -- it was a very, very
20 Mr. Archer. It was like -- what month was it? Spring of -- of -- it was like
21 September, like, yeah, like Indian summer. So it was probably -- I can't remember.
5 Mr. Goldman. And so was -- you obviously were spending a fair amount of time
6 with Hunter. Were the conversations between Hunter and his father primarily centered
7 at that point around Beau's illness and how they were both coping? Is that --
8 Mr. Archer. Yeah. A lot of logistics and, you know, travel for between, you
9 know, his treatments and who was going to be with him that week and a lot of it.
10 Mr. Goldman. And then after just the grief and the sorrow --
14 Then I think, yeah, the optempo of the comms, when it was every other day, it
15 became every day from kind of that -- those days forward until it seems like they had a
17 Mr. Goldman. And you -- to your knowledge, you know, none of the times that
18 you would ever overhear Vice President Biden calling Hunter was to -- was with the
20 Mr. Archer. It was, yeah, not related to commercial business, politics, that kind
21 of stuff.
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2 [2:20 p.m.]
4 Mr. Archer. Family, politics, you know, and geography, fishing, whatever
5 the -- but --
7 Mr. Archer. -- only the practical -- yeah -- the practical stuff that I would hear
8 would be politics-related. Like, I think he -- I think his dad really respects his -- respected
13 Mr. Archer. Yeah. I don't think there's much -- he doesn't have much expertise
15
17 A Right.
20 A Uh-huh.
22 A Right.
24 A Yes.
2 Q -- hear at all.
3 A Yes.
5 A Uh-huh.
7 A Yes.
9 A Sure.
10 Q -- did Joe Biden -- was Joe Biden calling Hunter Biden? Was Hunter Biden
13 Q He called Hunter.
14 A Uh-huh.
16 A Uh-huh.
18 A Yep.
20 A Correct.
22 A Yes.
24 A Yes, I would say he knew. I don't -- I have no basis to know, but he would
25 say -- you know, he'd say, "Hey, say hello to" -- you know, it's great in Paris, the weather's
123
1 this. And everybody would know. And then that was over.
3 A Yeah.
5 A Yeah, he never -- there was no ambushing in the sense that, like, Hunter
7 Q And he said, "Say hello to," and he would just say the names of the people
8 there?
10 Q And did you ever have the impression that Joe Biden actually knew who
11 these people were? Or was he just telling -- saying hello, kind of, at Hunter Biden's
12 invitation?
17 A Yeah.
18 Q -- and Joe Biden would say, "Hello, Louis," without knowing who Louis was.
19 Is that fair?
20 A Sometimes, yes.
22 A Uh-huh.
25 A No.
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2 A The weather and niceties, all of it -- any -- as it goes for any of the -- there
3 was never a discussion of cap tables, and that wasn't -- you know, that was not the
5 Q But beyond cap tables, there wasn't any conversation of "you need to help
6 me with this business I have with these people," or, "you need to take this action or that
8 A Correct.
11 Q Jonathan Li --
12 A Yes.
13 Q -- that call, was that an inbound call, an outbound call? To the extent you
14 remember.
15 A Yeah, to the extent I remember, that -- I don't know, but I know there was a
16 "hello." There was, like -- you know, they ended up having coffee, I think, so he
18 Q Jonathan --
19 A Jonathan Li and President Biden had coffee. So it might've been, like, after
20 they had coffee, and he was saying hello, so there was, like, some familiarity.
24 A Yeah.
25 Q -- meeting in --
125
1 A Right.
2 Q -- Beijing --
3 A Yes.
4 Q -- while --
5 A I wasn't there, so I'm not -- I don't -- I just -- I read the reporting and heard
6 from Hunter and Jonathan. So he might've been saying, "Oh, I'm with Jonathan Li again.
8 Q Although, isn't it fair to say the Vice President probably shakes hands with
11 Q So did you have any reason to believe that, on that call, Joe Biden actually
13 A I have no basis.
14 Q And was there any discussion of BHR or Hunter Biden's business with
15 Jonathan Li?
18 A No.
19 Q Was there any -- did you ever witness Hunter Biden asking Joe Biden to do
20 something for -- you know, to help BHR or help out Jonathan Li?
24
4 A No.
6 A No.
8 asked you about where Hunter Biden had Joe Biden on the phone around business
9 partners, that there was nothing in those conversations beyond the exchange of
10 pleasantries?
11 A That is correct.
12 Q And we talked earlier about, kind of, Hunter Biden liking to project this
14 A Uh-huh.
15 Q Was this just part of his effort to say, "Hey, I'm Joe Biden's son, and I talk to
18 Mr. Archer. Right. I don't want to speculate about what he was thinking. But
19 I think it's just, you know, just common sense and, you know, that it's the brand and
21
24 Q But, in fact, Hunter Biden -- Joe Biden never helped out Joe Biden's -- sorry.
25 Scratch that.
127
1 In fact, Hunter Biden never asked his father to take official actions on behalf of his
2 business partners?
3 A He did not. He did not ask him -- to my knowledge, I never saw him say, do
5 Q And you're not aware of Joe Biden ever doing anything to help his son's
6 business partners?
7 A No. I think that the calls were -- that's what it was. They were calls to talk
9 Q So this, again, was about projecting this illusion of access to his father. Is
10 that right?
11 A Correct.
12 Q And then, you know, we talked -- you talked during the Republicans' hours of
13 questioning and during this hour of questioning about Hunter Biden's various business
15 A Uh-huh.
16 Q And I understand that in December 2020 you received a grand jury subpoena
17 as part of the Delaware-led investigation into Hunter Biden, the investigation led by U.S.
19 Mr. Schwartz. So where are you going with this? Because anything in this time
23 fulsomely.
25 proffer. And then he testified pursuant to an immunity order in the grand jury.
128
2 Q And at that meeting when you provided testimony, there were people from
4 A Uh-huh.
7 A Correct.
8 Q And you answered all the questions they had for you fulsomely and
10 A Yes.
13 And did the questions they have for you generally cover the same
22 Mr. Archer. Yeah. It was, like, a, I would say, 20-percent overlap. There were
4 Mr. Archer. It was hot too. It was kind of hot. Not as hot as this room.
11 And so we'll take a quick break and then pick back up and finish.
13 [Recess.]
16 Mr. Archer, before the break, you were asked a question along the lines of, was
17 Hunter Biden selling access to his father or was he selling the appearance of access to his
20 Mr. Schwartz. My question is, was it that Hunter Biden was creating the
21 appearance of access to his father or that he was creating the appearance of access to
22 Washington, D.C.?
23 Mr. Archer. It was the -- overall, it's the appearance to all of D.C.
24 Mr. Schwartz. And part of his perceived value-add was the ability to navigate
25 Washington --
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3 Mr. Archer. He spent a career in D.C., and he carried the Biden name. So I
5 Mr. Goldman. So is the difference that you're trying to draw out here that he
6 actually did have a lot of his own contacts and experience in navigating Washington, D.C.,
11 Mr. Goldman. And then, separately, he wanted to also give off the illusion of
13 Mr. Schwartz. Well, don't speculate on what someone else wanted unless you
15 Mr. Goldman. Well, I'm just trying to understand why you're making this -- the
16 only reason to make this clarification is because he has his own experience in lobbying
19 Mr. Goldman. But what you said about his relationship and connection and use
20 of his father remains the same, which is that he never asked for anything from his father,
21 never received anything from his father, and his father was not involved in any of these
22 business dealings, nor making policy based on whatever his son's business dealings were.
23 Mr. Schwartz. So, if you separate the prelude to that question from the actual
1 Mr. Schwartz. It is still true that you are not aware that Hunter Biden ever
2 discussed policy with his father, discussed business with his father, influenced American
3 policy for purposes of his business or otherwise caused the Vice President or asked the
7 Q So Hunter Biden did help set Burisma up with Boies Schiller, with Blue Star
8 Group, with the DHS lobbyists, with a whole government affairs and lobbying team in D.C.
9 Is --
10 A Correct.
11 Q -- that right?
12 A That is correct.
13 Q That was access that he provided to them to D.C. public affairs and lobbying
15 A That's correct.
16 Mr. Goldman. And that was what he had -- in that statement, you know, that
17 summary of what he was bringing to Burisma, that was included in that explanation,
18 correct?
20
21 Q But he did not provide the Burisma executives with actual access to his
22 father. The access to his father was an illusion of access to his father. Is that right?
23 A Right. An illusion of access to his father, other than social -- you know,
25 Mr. Goldman. Right, to say -- when they socially said "hello." Is that what
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3 So it was -- it was -- like I said from the beginning, there was never -- they
4 didn't -- it's just like when, you know, Jamie Dimon comes in to talk about an IPO. You
5 know, he doesn't know what the pricing's going to be or when the date's going to be.
6 It's just a -- it's a conversation, and that was never part of it.
7 But the actual, tangible assets of the portfolio were, you know, lobbying and a
8 career in D.C.
9 Mr. Goldman. Let me ask you a followup. You've used this Jamie Dimon
10 analogy, and I think you used it during the majority's time of questioning in reference to
13 Mr. Goldman. Just so I can understand what you mean by that, let's take the
14 Trump family.
16 Mr. Goldman. Would you say that the Trump family has a brand?
18 Mr. Goldman. And would you say that Donald Trump, Jr., gets access and --
19 Mr. Schwartz. This is so out of scope. He doesn't know anything about the
20 Trump family.
21 Mr. Goldman. Well, did you play golf with Donald Trump?
23 Mr. Goldman. You never did play golf with Donald Trump?
24 Mr. Archer. Oh, I did play behind him. Sorry. Scratch that. I played behind
25 him. And then he came up to me at the clubhouse and talked -- he didn't know who I
133
2 Mr. Goldman. It is within the scope. If you're going to bring up Jamie Dimon,
5 Mr. Schwartz. You can ask him that without getting into other people that are
6 outside of scope.
7 Mr. Goldman. So -- well, I think you can give a little leeway here, Mr. Schwartz.
8 This is not going into his criminal case or anything that we had nothing to do with
9 negotiating it.
10 But I do think it's important to provide proper context for, when you're talking
11 about the Biden brand, that there's another brand that you just described, which is the
13 Mr. Schwartz. You want to start drawing equivalencies between the Biden brand
15 Mr. Goldman. I would like for you to let me ask the question, which is: Would
16 you say that Donald Trump's children benefit from their last name being Trump?
19
20 Q You mentioned, kind of, social dinners. You talked about two dinners at
21 Cafe Milano.
22 A Uh-huh.
24 A Sure.
25 Q The second dinner, the one in 2015, that was a dinner about the World Food
134
2 A Yes, that was the -- there was an attendee from the World Food Programme.
3 Q And Hunter Biden is on the board of the World Food Program USA or
6 Q Okay.
7 And The Washington Post reported on that dinner, and their reporting was that it
8 was organized to discuss food security issues in connection with Hunter Biden's role as
11 A That does.
12 Q Okay.
14 Q And The Washington Post also reported that President Biden made an
15 appearance at this dinner, which is also what you testified to. But the Washington Post
16 reporting was that President Biden only spoke to his longtime friend, Father Alex
19 A No.
22 and -- you know, talked about the World Food Programme probably. I don't recall, but
24 Q Did Hunter Biden or any of his business associates talk about their business
1 A No.
2 Q Was the conversation just about the World Food Programme and, kind of,
3 general pleasantries?
4 A Again, I don't recall -- I don't -- it was a long time ago. I don't recall the
5 specific conversation. But I would -- you know, like I've said across the board, there was
6 no business-deals specifics discussed ever at any of these things, but it was -- it was a
8 Q And is that also the case at the first Cafe Milano dinner, that the
9 conversation was not about Hunter Biden's businesses with his various business
10 associates?
12 Mr. Goldman. And just to be clear, Joe Biden had nothing to do with any of your
19 Mr. Goldman. And in all this exhibit 1, 260 pages, you didn't see a single wire
21 Mr. Archer. I -- no, I have not seen a wire transfer to Joe Biden.
3 Because of your experience at the beginning of your career working in Asia, did
4 you have more -- would you say you had more access than the average private-equity
5 businessman, you know, working in the United States to that part of the world?
9 Mr. Goldman. And this private-equity deal with Bohai was used -- it was using
11 Mr. Archer. That was the original intent, yes. And then there was a -- the
12 original intent was outbound private equity. And then there was a policy shift, and
13 there was a small window of privatizations, so -- the Sonipak Marketing and some other
16 Mr. Archer. Those were, like -- those were, like, privatizations of divisions of
17 Chinese companies.
19 Mr. Archer. In China. So there was -- what happened was, the capital controls
22 Mr. Archer. Yeah. And then CFIUS got a lot tighter with the U.S., so it was
23 harder -- you know, so those assets were not able to be purchased. And it just -- and
24 then, again, like every business dealing that Hunter touched, it just turned into -- all just
4 Mr. Archer. Yes. He was on the board initially, and I think it was the -- I
5 corrected ourselves. It was not the Schweizer book, but it was the -- I believe it was the
7 Mr. Goldman. And was that around the same time that Beau's death --
15 Mr. Archer. It was actually Thorn- -- well, it was -- the direct relationship was
16 like, "Oh, this guy's worked in private equity in Asia." And then some -- you know, a
18 Fund -- introduced us to Thornton and said, "Oh, they're thinking about, you know,
19 setting up these private equity funds in China. You've got experience in Asia" -- even
20 though it wasn't in the same country. "Why don't you go over and meet them?"
21 And I actually went, and I met Jonathan Li on the first trip. And then --
23 Mr. Archer. That was, like, 2008, though. So it was 6 years later that I think we
5 Q And, just to clarify, there are two entities that were discussed in the
7 A Uh-huh.
9 those?
10 A He did not. Definitely not in Rosemont Capital. There might have been a
11 small -- I just have to check. There might have been a small dividend when Rosemont
12 Realty was sold, but it was a very low, low percentage. It was probably based on
13 whatever capital he had brought to the table, like, raised -- like, raised capital.
16
17 Q And that capital he raised didn't involve any of the funds from Ms. Baturina?
18 A No. He had no -- no --
21 Mr. Goldman. Could I clarify the arrangement you had with Burisma through
22 RSB?
24 Mr. Goldman. So, essentially, both you and Hunter Biden had a board contract
25 that, in return for all of your work for the board, you would get paid a million dollars a
139
3 Mr. Goldman. And then it was split up in three ways -- you, Hunter, and then the
4 Tri Global?
7 Mr. Archer. Because they were the -- they, like, were the cap intro and
10 Mr. Archer. -- you know, early on, and then followed up in that -- you know,
12 And, you know -- so, during my tenure, that was -- and minus any investments or,
15 Mr. Archer. So the net wasn't necessarily that every month, but theoretically
19 Mr. Goldman. And the reason it went through RSB is because you had this third
20 partner involved in -- you know, related to the Burisma board work you were doing?
21 Mr. Archer. I don't think I could say that. The reason it went through RSB was
22 it just happened to be, like, kind of a catchall. Like, you understand I was
23 running -- Rosemont Realty was a 2-, almost 3-billion-dollar fund. I was a general
24 partner. We had 400 employees. Like -- this, though, has gotten more airtime
3 Mr. Goldman. But I guess I'm just -- you then paid Tri Global out of RSB.
4 Mr. Archer. Yes, we did. Yeah. There -- that's all in there. You can find
5 them all.
7 Mr. Archer. It's probably -- it's the different consulting groups and whatever
8 they were.
10 Q So it's fair to say Burisma paid the money into RSB, and then RSB disbursed
12 A Yes.
1 Certificate of Deponent/Interviewee
4 I have read the foregoing ____ pages, which contain the correct transcript of the
9 _____________________________
10 Witness Name
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12
13 _____________________________
14 Date
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