Eric Greitens (r) [2016 file photo].

Governor Eric Greitens (r) will talk to some, but not under oath to the Missouri House Special Investigative Committee on Oversight.

Yesterday, via Twitter:

Scott Charton @ScottCharton
“He told me there was no picture ever taken,” state Rep. Dan Shaul, R-Imperial, told reporters Thursday morning, after meeting privately with @EricGreitens for more than an hour…” Why is #Greitens dodging stating this under oath? #moleg #mogov
[….]
3:52 PM – 24 May 2018

The Missouri House Special Investigative Committee on Oversight charged with investigating Governor Eric Greitens (r) heard testimony from a forensic expert who examined three phones in the case.

My running comments on the testimony, via Twitter:

Missouri House Special Investigative Committee on Oversight – hearing live stream
Chairman: 88th day of committee’s existence. 88th day that Governor Greitens has not appeared before the committee.

Forensic examiner – cell phone: three photographs (pointer) in secondary database – March 21, 2015. The device cached thumbnails “benign in nature”. Cannot determine if taken with phone or received.

Forensic examiner – Just because I don’t find a photo or information about a photo doesn’t mean it doesn’t exist.

Forensic examiner – There are applications that won’t leave a trail. I’m not 100% sure there was or was not an app like that on the phone. Out of scope of instructions.

Forensic examiner – Possible that photos were taken that now don’t exist and there are no artifacts (a trail) left to indicate their existence.

Forensic examiner – report: “I was unable to determine if a photo was taken on that date”. It’s just that artifacts are not on the phone.

Forensic examiner – all photos and thumbnails on all three phones [KS, PS, EG] were reviewed.
He hasn’t been asked if all images reviewed were “benign”.

That would be an interesting follow up question.

Forensic examiner – EG’s IPhone 6 – from 2014 – went through several operating system upgrades.

Forensic examiner – Question: What sort of sound do iPhones make when taking a picture?

They may or may not make a sound?

What kind of sound do burner phone cameras make? Just asking.

Forensic examiner – Question: showing witness a list of phone numbers associated with EG during (2015-16), witness does not have number for the device examined (it had no service at the time).

Is there a possibility that the photo in testimony her taken of KS was done so with another phone? Just asking.

That’s my question.

Three possibilities – EG did not take the picture; EG took the picture, data overwritten; EG took the picture with a different phone.

That’s the testimony.

Five different phone numbers associated with EG. Question: Is it possible for one phone has two different numbers? “Yes.”

Forensic examiner – Found evidence of 16,000 photos on the phone. Question: “Did you find any evidence of a Confide App on the phone?” “Yes.”
Bingo.

So, were all of those 16,000 photos “benign”? Is anyone going to ask?

Again, my questions.

At this point in the hearing Representative Trent referred to a defense document with which he had been provided. Representative Jay Barnes, chair of the committee, exploded:

Chair: Repeated assertions from Mr. Dowd said [yelled] no [defense] documents would be provided to the committee. Are you [defense representative] aware that this has been provided?

Chair: Asking representative of Greitens to speak to committee. Chair not allowing break. Asking her to take a witness chair. Over documents provided to a member of the committee.

Chair: Greitens representation is “cherry picking” what they want to provide. Gina Mitten: Committee made specific decision to not accept cherry picked evidence.

Chair: We have subpoenas from three months ago. Mr. Dowd lied to this committee. Rep. Phillips: Committee agreed to not accept cherry picked evidence.

Chair: to Greitens representative. “You have twenty minutes [to answer].” Rep. Lauer: We need all the evidence, not the cherry picked.

Gina Mitten: Committee unanimous in past that previous cherry picked info from Greitens representation/pr is not the truth.

The Committee (and Chair) is speaking out in turn. No one is happy, rather they’re very angry. “This [Greitens] team and their cherry picked information is not credible.”

Information was provided to Rep. Trent.

Chair: “I would appreciate if your side [Greitens] would take this seriously and not play games.”

Chair: “We are not going to talk over break.” “Is there a reason you are here today and not Mr. Dowd.” “Is Mr. Dowd in Jefferson City today.”

Chair: “I’m sorry, your team has not treated this committee with respect.” “You refuse to answer any questions” Greitens representative: “I am not here to answer questions.”

Committee votes to go into closed session.

Committee is back.

Chair: “Mr. Dowd’s conduct raises questions of professional conduct, Rule 4 in particular.”

Chair: “What happened today is really shocking.”

Chair: “We are going to subpoena all of the documents.”

Motion: “To excuse the [forensic] witness and subpoena all of the documents in his possession.”

Committee has subpoenaed Eric Greitens for Monday, June 4th. Austin Chambers will/has been – in negotiation – subpoenaed.

Chair: If Eric Greitens is capable of speaking with representatives about this then he should be willing to the committee.

Chair: Witness One [KS] has testified seven times.

Chair: Mr. Greitens has refused to testify under oath. Mr Dowd, please have your client testify.

Committee adjourns until Tueday at 10:00 a.m.

Previously:

Missouri House Special Investigative Committee on Oversight – transcript of witness deposition – cross examination (May 23, 2018)

Missouri House Special Investigative Committee on Oversight – transcript of witness deposition – on Koster and Greitens (May 22, 2018)

HR 2: Special Investigative Committee on Oversight – the process for impeachment (May 22, 2018)

Missouri House Special Investigative Committee on Oversight – Scott Faughn (May 23, 2018)