151 1 MR. KLAYMAN: Let the record 2 reflect we took a break to see if we could 3 stop the hammering upstairs. We wouldn't 4 want to let it be said, Mr. Ickes, that we're 5 hammering on you. 6 MS. SABRIN: The record speaks for 7 itself in that regard. 8 BY MR. KLAYMAN: 9 Q Dan Kleidman, he's known as a 10 pretty friendly reporter to the Clinton 11 Administration, isn't he? 12 MS. SABRIN: Objection. 13 THE WITNESS: Who? 14 BY MR. KLAYMAN: 15 Q Daniel Kleidman, Kleidman. 16 MS. SABRIN: Objection as to form. 17 THE WITNESS: I don't know. 18 BY MR. KLAYMAN: 19 Q In fact, that's why you've dealt 20 with him so much. 21 A I don't think that I said I dealt 22 with him. 152 1 Q You don't generally call reporters 2 that are unfriendly toward the 3 Administration, do you? 4 MS. SABRIN: Objection. Assumes 5 facts not in evidence as to who calls him. 6 THE WITNESS: Most of the calls 7 comes from reporters, they're initiated by 8 reporters to me; not all, but most. 9 BY MR. KLAYMAN: 10 Q Who else, if anyone, did you deal 11 with at Newsweek? 12 A I don't know. I don't have a good 13 memory on names. If you name some people 14 off, I can give you some -- 15 Q Who do you deal with generally at 16 The La Times? 17 A I deal with Alan Solomon a lot. I 18 deal with David Willman. There are others. 19 Q New York Times? 20 A New York Times runs a gamut. I 21 mean you'd have to name some of the 22 reporters. But a number of the reporters who 153 1 are -- Vanetta, I've dealt with him. 2 Q Don Vanetta. 3 A Right. A number of other 4 reporters. If you want to name some names, 5 I -- 6 Q Jeff Girth? 7 A I have not talked to Mr. Girth in a 8 long time. 9 Q His specialty is campaign finance, 10 correct? 11 A I don't know what his specialty is. 12 Q Washington Times, who have you 13 dealt with there? 14 A Now you really do tax my memory. I 15 don't know. I know that I talk to one or two 16 people at The Washington Times on very rare 17 occasion. 18 Q Jerry Seper, does that ring a bell? 19 A His name rings a bell, but I don't 20 know whether it's because I read his byline 21 or whether I've talked to him. 22 Q New Republic, who do you talk to 154 1 there? 2 A I don't know. They've had a couple 3 reporters, a couple of their reporters have 4 called me. I can't even recall their names. 5 They change over a lot. 6 Q Steven Glass? 7 A It doesn't particularly ring a 8 bell. I don't think I've talked to him. But 9 I may have. 10 Q David Graham? 11 A He does not ring a bell with me. 12 But, again, I may have. 13 Q Martin Peritz. 14 A I have talked to him, but not in 15 connection with this. 16 Q Have you ever talked to Murray 17 Wass? 18 A I may have talked to him once, but 19 I couldn't place him. 20 Q Jonathan Broder? 21 A I do, I recall talking to him on 22 occasion. 155 1 Q How many times have you talked to 2 him in the last four months, approximately? 3 Just roughly. 4 A I have no idea, Mr. Klayman. I 5 couldn't tell you with respect to any 6 reporter how many times I've talked to them. 7 I just have no recollection. I just couldn't 8 do it. Don't know. 9 Q David Korn? 10 A Doesn't ring a particular bell with 11 me. 12 Q Joe Conason? 13 A I've talked to Joe from time to 14 time. 15 Q You talk to him pretty frequently, 16 don't you? 17 A No, I said from time to time. 18 Q Jane Mayer? 19 A I talk to her from time to time. 20 Q About how many times have you 21 talked to Joe Conason since February of this 22 year? 156 1 A A handful. 2 Q How many times have you talked to 3 Jane Mayer since February of this year? 4 A Oh, I don't know, a couple of 5 handfuls. 6 Q Who at The Wall Street Journal do 7 you talk to? 8 A If you can name some names, I can 9 go down them. I can't recall anybody 10 directly. 11 Q In terms of your discussions with 12 the President and Mrs. Clinton since February 13 of this year, how many times have you talked 14 to the President? 15 A I don't -- probably no more than 16 four or five at the outside. 17 Q What were the subject matters of 18 your conversations? 19 A It depended on what he wanted to 20 talk about. But it can typically range 21 anywhere from whatever legislative or other 22 activity he is involved in or focused on at 157 1 the time of the phone call as well as just 2 generally the investigations. 3 Q When was the first such 4 conversation? 5 MS. SABRIN: Objection as to form. 6 MR. KLAYMAN: You can respond. 7 MS. SABRIN: If you understand the 8 question. 9 A When you say the first 10 conversation, in connection with what? 11 Q You said you've talked to him four 12 to five times since February of this year 13 when you embarked upon this activity that you 14 decided upon with Mr. Kantor. 15 A When was Monica Lewinsky, when did 16 that situation first -- 17 Q January of '98. 18 A So we're talking February. Since 19 February when did I first talk to him -- I 20 have no idea. I don't have the foggiest idea 21 when I talked to him. 22 Q You have talked to him about the 158 1 Monica Lewinsky matter, have you not? 2 A I have. 3 Q You've talked to him about other 4 matters that related to the so-called Clinton 5 scandals or controversies, whatever you want 6 to call them. Correct? 7 MS. SABRIN: Objection as to form. 8 THE WITNESS: I've talked to him 9 about, there are a number of controversies 10 that have been going on and I have talked to 11 him on occasion about those. 12 BY MR. KLAYMAN: 13 Q You've talked to him about the 14 Travelgate controversy? 15 MS. SABRIN: Within the last three 16 or four months? 17 BY MR. KLAYMAN: 18 Q Since January. 19 A Since January? 20 Q Yes. 21 A The Travelgate, I don't recall 22 talking to him at all about Travelgate. 159 1 Q Have you talked to him about the 2 Filegate controversy since January? 3 A No. Not that I recall. Again, I 4 don't have a precise recollection of what we 5 talked about, but I don't recall any 6 discussion about Travelgate. 7 Q Have you talked to him about the 8 Paula Jones case since January? 9 A I think there's been some passing 10 conversation, but that was under litigation 11 being handled by his lawyers. So whatever 12 conversation -- I'm sure we talked about it 13 in passing. 14 Q You've talked to him about Kathleen 15 Willey? 16 A I think we did have a very brief 17 conversation about her at one point. 18 Q What did you discuss about Kathleen 19 Willey? 20 MS. SHAPIRO: I'm going to object 21 to that and instruct him not to answer. 22 MR. KLAYMAN: You can respond? 160 1 MS. SHAPIRO: No, he can't respond. 2 I'm going to instruct him not to answer. 3 That is a conversation that is subject to a 4 variety of privileges. 5 MR. KLAYMAN: Which privileges? 6 MS. SHAPIRO: A variety of 7 privileges. 8 MR. KLAYMAN: Well, name them. 9 MS. SHAPIRO: Well, it could 10 potentially be a Presidential communication, 11 it could be deliberative, it could be a 12 number of privileges. 13 MR. KLAYMAN: Are you claiming 14 Executive Privilege? 15 MS. SHAPIRO: I am instructing him 16 not to answer on the basis of privilege, 17 because it could be subject to Presidential 18 communications. 19 MR. KLAYMAN: I want to know what 20 the basis is. You're instructing him. 21 That's obviously very unusual to tell someone 22 not to answer. 161 1 MS. SHAPIRO: I don't think it is. 2 In fact, we've had this discussion and it's 3 been briefed. So I think you already have 4 the legal argument set forth in papers that 5 are currently before the court. 6 MR. KLAYMAN: How can you have 7 allowed him to respond to these earlier 8 questions and then arbitrarily tell him he 9 can't respond to this one with regard to 10 Kathleen Willey? 11 MS. SHAPIRO: I've allowed him to 12 identify subject matter, which I think is 13 appropriate. But I'm not going to allow him 14 to answer the question about what the 15 conversation was specifically. 16 BY MR. KLAYMAN: 17 Q Did you discuss with regard to the 18 President the letters that Kathleen Willey 19 had written to him? 20 MS. SHAPIRO: I object and I 21 instruct him not to answer. 22 MR. KLAYMAN: Certify it. Did you 162 1 discuss with the President the release of 2 those letters to Kathleen Willey -- from 3 Kathleen Willey, to the public? 4 MS. SHAPIRO: Same instruction. 5 BY MR. KLAYMAN: 6 Q Mr. Ickes, did you play any role in 7 communicating with the press over Kathleen 8 Willey? 9 MS. SHAPIRO: You can answer that 10 question. 11 A I don't know what you mean by did I 12 play a role. Did I talk to the press about 13 Kathleen Willey? The answer is yes. 14 Q Did you talk to the press about the 15 letters that Kathleen Willey had written to 16 the President? 17 A After they became public, yes. 18 Q You are aware that those letters 19 were kept in the White House. Correct? 20 A I'm not aware of anything. I don't 21 know where they were kept. 22 Q You are aware that those letters 163 1 came from Kathleen Willey's personnel file? 2 A Mr. Klayman, I'm not, as I've said 3 before, I don't have attorney-client 4 privilege. I'm not employed by the White 5 House. I'm not at the White House. I don't 6 know where those letters came from. 7 Q Copies of those letters were 8 provided to you by the White House, were they 9 not? 10 A The only copies of those letters 11 that I have are what I've seen on television 12 and what I've clipped out of the newspapers. 13 Q Are you saying the White House or 14 any other source never provided you with 15 those letters? 16 A Not that I recall. They may have 17 faxed one or two letters over, but I have no 18 recollection of it, and I don't think they 19 did. 20 Q Do you keep an incoming fax log at 21 your office? 22 A No. 164 1 Q Is there any recordation system to 2 record incoming faxes? 3 A For our office, no. 4 Q Are incoming faxes stored in a 5 file? 6 A No. 7 Q I take it they are. 8 A No. It depends on what the fax is. 9 If there is a fax that I want to keep, I keep 10 it. If not, I throw it away. 11 Q But you may have the Kathleen 12 Willey letters on the premises. Correct? 13 A I think it is remote beyond belief, 14 because I do not have any recollection 15 whatsoever of any Kathleen Willey letters 16 being faxed to me. 17 Q But you may have them there. 18 You're not sure. 19 A I think my answer, which I've now 20 stated twice, speaks for itself. 21 Q Did you search before you came here 22 today for your deposition to see if you have 165 1 copies of any of the Kathleen Willey letters? 2 A I did. I mean and this whole 3 matter of searching, you haven't gotten into 4 it and I assume you're coming back to it, but 5 I've searched not only my home, as I talked 6 to you before, but searched my complete 7 office for anything that might pertain to 8 this subpoena, and turned it over to my 9 attorney, as I have done on any numerous 10 occasions with respect to searching for 11 documents in connection with all the other 12 subpoenas that have been served on me. I've 13 searched my home and searched my office, et 14 cetera. 15 Q In the course of your duties and 16 responsibilities as a lawyer both in private 17 practice and your work at the White House, 18 you are aware of a law called the Privacy 19 Act. Correct? 20 A I'm aware of it. I couldn't tell 21 you much more than it's called the Privacy 22 Act. 166 1 Q When you began to work for the 2 White House, was that the first time you'd 3 been employed by government, back in 1993? 4 A Yes, to best of my recollection. 5 Q They provided you with some 6 training or understanding as to what the 7 Privacy Act was? 8 A I don't recall that. There were 9 general briefings when we first came into the 10 White House. It happened a long time ago. A 11 lot has transpired since then. I've read a 12 lot. Much of what I've read is merged with 13 what I knew then. Whatever they briefed us 14 on, they briefed us on. 15 Q But you did gain information that 16 documents in a personnel file are 17 confidential and not to be released to the 18 public? 19 A That's my general understanding, 20 Mr. Klayman. When I gained that, I can't say 21 with any accuracy. 22 Q You're aware that documents 167 1 contained in FBI files are also covered by 2 the Privacy Act; you did learn that, didn't 3 you? 4 A I learned that. When I learned it, 5 I can't tell you either. 6 Q But you're aware of it today. 7 A I am vaguely aware of it today. I 8 couldn't give you much of a legal exposition 9 on it. 10 Q Now, before you discussed the 11 Kathleen Willey letters with members of the 12 press, did you make any effort to determine 13 from the White House whether that would be a 14 violation of the Privacy Act? 15 A I didn't, Mr. Klayman. 16 MS. SABRIN: Objection as to form. 17 BY MR. KLAYMAN: 18 Q You can respond. 19 A The reason I didn't is because my 20 discussion of the Kathleen Willeys were based 21 on what had been shown, what had been printed 22 in the press. So it didn't even dawn on me 168 1 to call up the White House to find out if I 2 had license to discuss with reporters what 3 had been printed in various national 4 newspapers and other media. 5 Q But you did discuss the contents of 6 the Kathleen Willey letters with the 7 President. Correct? 8 MS. SHAPIRO: Objection. That's 9 the same instruction. 10 MR. KLAYMAN: Certify it. 11 Now, you are aware, are you not, 12 that information from Linda Tripp's Pentagon 13 file has been released into the public 14 domain. Correct? 15 A I'm not -- I'm sorry. Would you 16 repeat the question? 17 Q You are aware that information from 18 Linda Tripp's Pentagon file has been released 19 to the public by the Pentagon. Correct? 20 A I know that there's been some 21 controversy about her personnel file. I 22 couldn't tell you, sitting here, what has 169 1 been made available to the public. 2 Q Do you know Linda Tripp? 3 A I recall when we first came to the 4 White House, I recall having met her. 5 Q How did you meet her? Under what 6 circumstances? 7 A She was working in the West Wing. 8 I was working in the West Wing. I, on 9 occasion, I would be in the counsel's office, 10 which is above where I worked, and I think my 11 recollection is that she was sitting there. 12 I typically introduce myself to new people 13 when I first walked in, especially if you are 14 working in a new job situation. 15 Q Did she introduce herself to you? 16 Did she then identify who she was? 17 A I think, as I recall, she had a 18 sign on her desk. 19 Q What did it say? 20 A I think it said either "Linda" or 21 "Linda Tripp." That's my best recollection. 22 But I don't want to quibble about that. 170 1 Q Well, who was she working for? 2 A My understanding was that she was 3 working for the counsel's office. 4 Q For Bernard Nussbaum, who was the 5 counsel at the time? 6 A Mr. Nussbaum was the counsel when I 7 first came to the White House, yes. 8 Q So she worked for him. Correct? 9 A I don't know who she worked for. I 10 said that she worked for the counsel's 11 office. 12 Q She worked for William Kennedy who 13 is another counsel. Correct? 14 A I have no -- as again, Mr. Klayman, 15 I don't know who she worked for. For the 16 third time, my best understanding was that 17 she worked for the counsel's office. 18 Q During your time at the White 19 House, did you ever have occasion to deal 20 with Linda Tripp in any way? 21 A As I said, I have been quite -- I 22 recall meeting her at some point in a very 171 1 casual way and I think introducing myself, 2 and she may well have introduced herself to 3 me. 4 Q Now, you testified that in the last 5 months since the Monica Lewinsky scandal 6 broke that you've had communications with 7 Jane Mayer of the New Yorker. 8 A Yes. 9 Q Were those communications in person 10 or by telephone? 11 A I think both. I think I met her in 12 my office either once or twice, and I've 13 talked with her on the phone on several 14 occasions. 15 Q The office that you're talking 16 about is the one with the space sharing 17 arrangement with the law firm. 18 A I don't know what law firm you're 19 talking about. 20 Q Where you share space. 21 A We don't share space. We rent 22 space. 172 1 Q Rent space. Where Ickes & Enright 2 are located you previously identified. 3 A Yes, but it's not a law firm. 4 Q That's where you met with 5 Ms. Mayer. 6 A That is where I recall meeting her 7 on one or two occasions, yes. 8 Q She set the appointment up or did 9 you set it up? 10 A I think she called me and asked me 11 if I would spend -- she was working on a 12 story. I don't even know what story it was. 13 She works on a lot of different stories. 14 Q It was a story involving Linda 15 Tripp, wasn't it? 16 A I have no idea. She works on a 17 number of different stories. She's a pretty 18 busy journalist. As I say, I've had contact 19 with her four, five, six occasions either in 20 person or by phone. 21 Q She came to visit you? 22 A She came to my office. 173 1 Q Was anyone else present when you 2 met? 3 A I don't recall. I don't think so. 4 Q What did she say to you? 5 A I don't know. I don't have the 6 foggiest idea. Mr. Klayman, I talk to a lot 7 of reporters and talk to a lot of people. I 8 can no more sit here under oath today and 9 tell you what I said to her and what she said 10 to me than the man on the moon. 11 Q Do you have a problem with your 12 memory? 13 A I don't think my problem is any 14 different from anybody else. 15 Q Are you currently on any 16 medication? 17 MS. SABRIN: I would object to the 18 extent you're asking him generally about 19 medication, but I wouldn't object if you 20 asked him about medication that might affect 21 his memory. 22 BY MR. KLAYMAN: 174 1 Q Are you currently on any medication 2 today? 3 A I'm not going to answer that 4 because I don't think you have A right to 5 know that. 6 Q Is there anything today that may 7 impair your memory that you're on? 8 A Not that I know of, other than age. 9 Q How old are you? 10 A I was born in 1939, which has 11 already been asked and answered. 12 Q Did Ms. Mayer give you any 13 documentation when you met that first time? 14 A Not that I recall. 15 Q When did that meeting take place? 16 A I have no idea. 17 Q You don't have a clue when it took 18 place. 19 A It took place sometime in the time 20 frame that you set out beginning sometime in 21 February -- your time frame that we're 22 working on that I'm answering questions about 175 1 begins in, according to you, in early 2 February. 3 Q You said that you met with her 4 again. Correct? 5 A I said that I recall meeting with 6 her once and maybe twice. 7 Q What did you discuss during that 8 second possible meeting? 9 A Same answer as to the first 10 question you asked. 11 Q You don't have a clue. 12 A I don't recall. I talk to a lot of 13 different people about a lot of different 14 things. Under oath I could not say with any 15 certainty as to what I talked to her about. 16 Q General subject matter, talked to 17 her about the Clinton Administration? 18 A She was working on one of several 19 stories. I think it -- yeah. The general 20 subject matter was the situation known as 21 Monica Lewinsky generally, which is a pretty 22 broad topic, as we now, at least as I refer 176 1 to it. 2 Q Did you discuss Linda Tripp with 3 her? 4 A I think she may have raised the 5 name Linda Tripp. I don't think there was 6 any -- whatever discussion there was, if 7 there was any, was short-lived because I knew 8 nothing about Linda Tripp, other than what 9 I've testified to. 10 Q Did she ask you whether or not you 11 had information as to whether or not Linda 12 Tripp had ever been arrested? 13 A I don't recall her asking me that. 14 And -- I don't recall her asking me that. 15 She may have, but I don't recall it. 16 Q You've talked to her by telephone 17 many times since the Monica Lewinsky scandal 18 broke. Correct? 19 A No, no, no. Don't -- 20 MS. SABRIN: Mischaracterizes prior 21 testimony. 22 A Mr. Klayman, don't put words in my 177 1 mouth. Come on. We're both professionals. 2 I've already testified how many times I 3 talked to her. If you want to characterize 4 two or three times as many, be my guest. 5 Q I believe you said you talked to 6 her frequently, but you may have met two 7 times. 8 A Mr. Klayman, I'm not going to be 9 baited by that. I've answered that question. 10 It is on the record. If you want the court 11 reporter to read it back, you can 12 characterize anything you want. I'm not 13 adopting your characterization. 14 Q What else did you discuss with Jane 15 Mayer? 16 A I don't recall with any 17 specificity. 18 Q Have you talked with Jane Mayer 19 recently? 20 A How do you define recently? 21 Q Within the last two months. 22 A Within the last two months? I 178 1 probably have talked to her once or twice. 2 Q Have you talked to her about 3 Judicial Watch and the legal proceeding that 4 you're here on today? 5 A I don't think that I have, no. 6 Q You're not sure. 7 A I'm not sure about much, 8 Mr. Klayman, but I'm -- as I say, my answer 9 speaks for itself. 10 Q Have you talked to her about the 11 article that she wrote in The New Yorker 12 about Linda Tripp? 13 A I do not think that I've talked to 14 her since that article came out. 15 Q You have seen that article. 16 Correct? 17 A I've seen it. Whether I've read it 18 or not is a different question. 19 Q You are aware that Clifford 20 Bernath, Pentagon spokesperson, has testified 21 in this lawsuit before Judicial Watch? 22 A I'm not aware of that until now. 179 1 Q Do you know Kenneth Bacon? 2 A I do. 3 Q Press secretary of the Pentagon? 4 A Mmm-hmm. 5 Q When did you meet Kenneth Bacon? 6 A I met him, I don't recall, within, 7 probably within the last two years, maybe 8 three years, very casually. 9 Q Have you ever talked to Kenneth 10 Bacon about Linda Tripp? 11 A A very -- we had dinner one night 12 with mutual friends, and it was a very short 13 conversation. He acknowledged that she'd 14 worked at the Pentagon. I did not ask many 15 questions about her. 16 Q When did you have dinner? 17 A I don't recall. 18 Q In the last few months? 19 A Yes. 20 Q Where did you have dinner? 21 A That's a good question. I eat out 22 a lot. I don't recall. 180 1 Q You said you had dinner with mutual 2 friends, though. Who were those mutual 3 friends? 4 A The friend was Steven Cohen. Oh, 5 that's right, I now recall. It was Steven 6 Cohen and we had dinner at his house. 7 Q Who was Steven Cohen? 8 A He's a friend of mine. 9 Q What is his profession? 10 A He is a professor of law. 11 Q Where does he practice? 12 A He doesn't practice law. 13 Q Where does he live? 14 A Do I have to give out Steven's -- 15 MS. SABRIN: You mean the city or 16 the -- 17 MR. KLAYMAN: Yeah, well, I'm going 18 to ask for the address. You can give it to 19 me in confidence, if you want. 20 A He lives in Washington, D.C. 21 Q Does he do anything professionally 22 currently? 181 1 A I said he's a professor. 2 MS. SABRIN: He said he's a 3 professor of law. 4 A He's a professor of law. 5 Q Is he a professor of law for a 6 university? 7 A Yes. 8 Q Which university? 9 A Georgetown. 10 Q Who else was present at that dinner 11 conversation? 12 A To the best of my recollection, it 13 was myself, Mr. Bacon and Mr. Cohen. 14 Q Was your wife present? 15 A I don't think she was. 16 Q What's your wife's first name? 17 A Laura. 18 Q What specifically about Linda Tripp 19 was discussed? 20 A As I say, I think I've already 21 testified to that. But in order to 22 accommodate you, it was a very short 182 1 conversation. I knew nothing about Linda 2 Tripp and I think I may have asked Ken when 3 she came over to the Pentagon. But other 4 than that, we did not spend any time talking 5 about her. 6 Q He told you that Linda Tripp had 7 worked for him at the Pentagon and was still 8 working for him? 9 A Well, I think, here's the problem 10 with that question is that I've read about 11 Linda Tripp. What I learned from Ken and 12 what I learned from newspaper reports and 13 journalists has merged. I think I already 14 knew that when I had dinner with him. 15 Q How did you learn that before you 16 had dinner, just from the newspaper reports? 17 A Yeah, you know, there had been a 18 couple articles about Ms. Tripp. 19 Q You were aware that Monica Lewinsky 20 also worked for Mr. Bacon. Correct? 21 A I came to learn that also from 22 newspaper articles. 183 1 Q You discussed Monica Lewinsky at 2 that dinner as well? 3 A I think I may have -- I think her 4 name was raised. I knew her very briefly. 5 She'd work in the Chief of Staff's office. I 6 think I asked Ken what sort of employee she 7 was, and he had a very high regard for her as 8 an employee. 9 Q Did the name Clifford Bernath come 10 up during that dinner? 11 A No. Not that I recall. 12 Q Was Mr. Bacon's wife present at the 13 dinner? 14 A No. I think I've testified 15 earlier, just about two and a half minutes 16 ago, that only three of us were there, to the 17 best of my recollection. 18 Q It was kind of a men's dinner. 19 A Well, you can characterize it any 20 way you want. It was dinner, and you know 21 who was there. 22 Q Was there a servant that served the 184 1 meal during the discussions? 2 A No. Steven doesn't employ 3 servants. I think it was Chinese takeout as 4 I recall. 5 MS. SABRIN: What did you eat? 6 THE WITNESS: What did I eat? 7 MR. KLAYMAN: He probably remembers 8 that. 9 A No, as a matter of fact I don't. 10 Why, you find that funny? I was just looking 11 at the smile on your face. 12 Q Do you like my smile? 13 A I have no reaction to it one way or 14 the other. It's sort of a smirk. 15 Q Mr. Ickes, have you discussed Linda 16 Tripp with anyone else other than Mr. Bacon 17 in the last five months, since January? 18 A Yes. 19 Q Who have you discussed Linda Tripp 20 with? 21 A I have no idea. As I say, I talk 22 to a lot of reporters and a lot of people. I 185 1 could not sit here under oath with any 2 specificity to name, tell you what people 3 I've talked to about Linda Tripp. But I have 4 discussed her and discussed her with a number 5 of people. She's been in the news, after 6 all. 7 Q Have you had any discussions in the 8 last six months with William Cohen, Secretary 9 of Defense? 10 A No. I am not sure that I've ever 11 met Mr. Cohen nor am I sure that I've ever 12 talked to him. 13 Q Have you ever discussed Linda Tripp 14 with President Clinton? 15 A I don't have a specific 16 recollection of discussing Linda Tripp with 17 the President. 18 Q What do you mean by specific 19 recollection? 20 A Just exactly what it says. 21 Q That means you have a general 22 recollection. Right? 186 1 A No, I don't have a general 2 recollection either. 3 Q Where does the phrase "specific 4 recollection" come from? 5 A I think I just said it, and then 6 you repeated it. 7 Q That's a phrase which is used 8 frequently by people who have testified from 9 the Clinton Administration. Correct? 10 A I couldn't tell you. 11 Q Well, what does "specific 12 recollection" mean to you? 13 A It means what it says. You can 14 look it up in the dictionary. 15 Q Well, to me it means that you have 16 some recollection; you just don't have that 17 pinpoint recollection. 18 A Well, you can take it for whatever 19 it means. 20 Q Tell me what recollection you have. 21 A I don't have any recollection. 22 Q About anything? 187 1 MS. SABRIN: Objection as to form. 2 THE WITNESS: It depends on what it 3 is. I thought we were going to be courteous. 4 You certainly are degenerating here pretty 5 quick. 6 BY MR. KLAYMAN: 7 Q Have you ever discussed Linda Tripp 8 with Mrs. Clinton? 9 A With Mrs. Clinton. I can't say as 10 an absolute certainty, but I am confident I 11 have not. 12 Q How many discussions have you had 13 with Mrs. Clinton either in person or by 14 phone or otherwise since January of this 15 year? 16 A Are we now in January or February? 17 Q We're going back to January. 18 A Oh, January. I think probably not 19 over three or four at most. 20 Q Were those discussions by phone or 21 were they in person? 22 A Both. 188 1 Q How many were by phone and how many 2 were in person? 3 A I think with -- probably no more 4 than two and maybe no more than one in 5 person, the rest by phone. 6 Q Where did you meet with 7 Mrs. Clinton? 8 A When you say meet, what do you 9 mean? 10 Q Did you meet at the White House? 11 A You mean, in which -- 12 Q When you had the meetings where did 13 you meet? 14 MS. SABRIN: Objection as to form. 15 It assumes facts not in evidence. 16 THE WITNESS: I saw Mrs. Clinton at 17 a reception that she and the President gave 18 probably two weeks ago at the White House. 19 BY MR. KLAYMAN: 20 Q At the White House. Now, did you 21 discuss anything about the Clinton scandals 22 at that time? 189 1 MS. SABRIN: Objection as to form. 2 THE WITNESS: It was a reception 3 for two people who were going away and we 4 exchanged pleasantries. 5 BY MR. KLAYMAN: 6 Q What two people were going away? 7 A Is there not a relevance -- 8 MS. SABRIN: Objection on 9 relevancy. It has absolutely nothing to do 10 with anything -- 11 MR. KLAYMAN: There were people 12 that were there that may have overheard the 13 conversation. 14 MS. SABRIN: How many people were 15 there? Do you want to ask all 100 of them? 16 MR. KLAYMAN: You can cross-examine 17 if you want. But when your turn comes. 18 BY MR. KLAYMAN: 19 Q Who were the two people? 20 A The two people who were going away? 21 Q Yes. 22 A One was Steven Silverman and the 190 1 other was Emily Bromberg. 2 Q What was Steven Silverman's 3 position before he went away? 4 A He worked in the White House. 5 Q Do you know what his position was? 6 A No, I don't know his exact 7 position. 8 Q Do you know what his duties and 9 responsibilities were? 10 A He worked in the office that dealt 11 with Cabinet affairs. 12 Q The other one is named Bromberg? 13 A Yes. 14 Q What was his duties and 15 responsibilities? 16 A Well, as I said just a moment ago, 17 but apparently you forgot, her name was 18 Emily. 19 Q Emily. 20 A Right. So it's a she not a he. 21 Q Thank you. 22 A Do you want to repeat your 191 1 question? 2 Q What were her duties and 3 responsibilities at the White House? 4 A She worked in Intergovernmental 5 Affairs. 6 Q Now, you discussed more than just 7 pleasantries with Mrs. Clinton, didn't you? 8 A I discussed pleasantries with 9 Mrs. Clinton. I was speaking at the event, 10 she was speaking at the event. It was a 11 social occasion and people were enjoying 12 themselves. 13 Q What was the subject of your 14 speech? 15 A I was lauding the two people who 16 were leaving. 17 Q Did you discuss any aspect of the 18 Clinton scandals? 19 MS. SABRIN: Objection as to form. 20 BY MR. KLAYMAN: 21 Q You can respond. 22 A Well, you're now switching back and 192 1 forth on me, Mr. Klayman, I assume by malice 2 aforethought. You're talking about my speech 3 or you're talking about my discussion? 4 Q Your speech. 5 A Oh, the speech. You used the word 6 "discussion," which you probably forgot. The 7 answer is I did not discuss the controversies 8 in the speech. 9 Q Did you discuss the controversies 10 otherwise during the evening? 11 A Oh, I may have. I mean there were 12 a lot of people there and there may have been 13 some minor discussion. 14 Q Who did you have that discussion 15 with? 16 A I have no idea. I talked to a lot 17 of people that -- 18 Q That's one time you met with 19 Mrs. Clinton. Where did you meet with her 20 another time? 21 A I don't recall whether I met with 22 her. As I said, I was very qualified in what 193 1 I say. I do recall meeting with her once. I 2 may have met with her a second time. It may 3 have been at -- I don't even know when the 4 reception was. I think there was a dinner at 5 the White House to which my wife and I were 6 invited. The fact is I don't recall whether 7 it was before January, after January. I 8 would have talked to Mrs. Clinton there. 9 Q Did you talk to Mrs. Clinton on 10 this other occasion about Clinton scandals 11 any aspect? 12 A No. Again, it was a social 13 occasion. She was enjoying herself. 14 MR. KLAYMAN: Go off the record for 15 a second. 16 VIDEOGRAPHER: We're going off 17 video record at 12:48. 18 (Discussion off the record) 19 VIDEOGRAPHER: We're back on video 20 record at 12:48. 21 BY MR. KLAYMAN: 22 Q During your various meetings or 194 1 conversations with Mrs. Clinton in the last 2 months since January of 1998, have you talked 3 about any aspect of the Clinton scandals? 4 A Oh, I'm sure that there have been 5 passing reference to it. But basically, my 6 discussion with her is how is she doing, how 7 is the President doing. It's sort of more 8 social, if you will, basically inquiring 9 about how she's doing. 10 Q What was the passing reference? 11 What did it reflect? 12 A I can't recall with any 13 specificity. 14 Q How about with just general? 15 A I can't even recall with general 16 specificity. 17 Q Don't have a clue. 18 A As I said, Mr. Klayman, for the 19 fourth time, I talk to a lot of people. As 20 you reminded me on more than one occasion 21 during this deposition, I'm under oath. I 22 wouldn't want to tell you anything that I 195 1 don't recall with specificity. So I cannot 2 tell you, I could not separate the 3 conversations that I've had with 4 Mrs. Clinton, with the President, and with 5 many members of the press, staff at the White 6 House, as to the nature of the conversations. 7 Q So is it your view that discussions 8 with President and Mrs. Clinton are just 9 discussions with any old people? 10 A I didn't say that. 11 Q That's the President and First Lady 12 of the United States. Correct? 13 A Yeah, I understand that. 14 Q They're important people, are they 15 not? Correct? 16 A I would certainly agree with that. 17 Q It doesn't get more important than 18 President and First Lady, does it? 19 A My wife's pretty important. 20 Q In your experience? 21 A My wife and daughter are pretty 22 important. 196 1 Q Do you remember conversations with 2 your wife? 3 A What? 4 Q Do you remember conversations with 5 your wife? 6 A It depends what the conversation 7 is. 8 Q Those are three very important 9 people. Correct? 10 A Yeah. My daughter, I added her in 11 there, too. 12 Q You tend to remember those 13 conversations, don't you? 14 A I didn't say that. 15 Q If you're calling or being called 16 by the President or First Lady, you'd 17 remember what you were talking about, 18 wouldn't you? 19 A Not necessarily. It depends on 20 what the conversation was about. 21 Q But you're telling me you don't 22 remember anything. 197 1 A That's not what I'm telling you. 2 MS. SABRIN: Objection, asked and 3 answered. 4 BY MR. KLAYMAN: 5 Q Then what do you remember? 6 A I'm telling you that I don't 7 remember with specificity what I talked to 8 them when I talked to them. 9 Q Well, then just tell me generally. 10 A I don't remember generally. It 11 depends. It depends what the President was 12 interested in, what legislation was pending, 13 what he was focused on at the time. I 14 couldn't any more tell you whether it was 15 tobacco or, you know, foreign affairs or what 16 have you that he talked about. 17 Q In your conversations with the 18 President and the First Lady, did they ever 19 thank you for your ongoing efforts on their 20 behalf, the efforts from January 1998 21 forward? 22 A Did they ever thank me? 198 1 Q Thank you for what you were doing 2 after you had this discussion with Mickey 3 Kantor and decided that you'd play some 4 voluntary role. 5 A I think it's fair to say, I don't 6 know what words they used, that both have 7 expressed appreciation for what I've been 8 doing and support generally. 9 Q What you've been doing currently. 10 A What? 11 Q What you've been doing currently, 12 since February of '98. 13 A Well, the President has thanked me 14 as has the First Lady over the course of our 15 long friendship on any number of occasions. 16 Pretty gracious people. 17 Q But he's thanked you for what 18 you've been doing since February '98. 19 A I think that they have expressed, 20 as I said for the second time, Mr. Klayman, 21 they have expressed appreciation. I don't 22 know the exact words. 199 1 Q They know what you've been doing 2 since February of '98. Correct? 3 A I don't report to them. The 4 conversations I have with them are very 5 short. They're very busy people. I don't 6 impose myself on them. You'll have to ask 7 them about what they know. 8 Q Well, how did they thank you if 9 they didn't know what you were doing? 10 A They knew that I have been 11 supportive. 12 Q They knew that you were doing 13 specific things in terms of communications 14 with the press. Correct? 15 A They knew generally that I was 16 talking with the press. I don't think they 17 knew any specifics. 18 Q Now, to be able to talk to the 19 press you have to get information from the 20 White House from time to time. Correct? 21 A As I said, now for the fourth time, 22 Mr. Klayman, I don't have attorney-client 200 1 privilege with the President. The 2 information, as I've explained to you in some 3 detail already but I'll as a courtesy to you 4 so we can move this thing along -- it's sort 5 of interesting how you criticize my memory 6 and you can't remember what was said half an 7 hour ago, but putting that aside, we'll just 8 put that aside. Maybe you're on some drugs 9 that affect your memory. I know nothing 10 that's not in the public domain. 11 Q But you do have communications from 12 time to time with the White House, and I'm 13 talking going back to January of '98, where 14 the White House provides information to you. 15 Correct? 16 A I have communications with the 17 White House about the ongoing situation. To 18 the best of my knowledge, and I'm quite 19 confident of this, the White House does not 20 provide me with any information that people 21 at the White House, the nonlawyer staff at 22 the White House know and, knowing how the
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