251
         1             MS. SABRIN:  I object to that.

         2   You've asked that question, he's explained it

         3   at great length what his role is.

         4             BY MR. KLAYMAN:

         5        Q    How many times have you

         6   communicated with Kantor over the last six

         7   months?

         8        A    Asked and answered.

         9        Q    When you communicate with the

        10   media, I take it you are communicating with

        11   the media about the Clinton scandals, right?

        12        A    About what?

        13        Q    The Clinton scandals.

        14             MS. SABRIN:  Objection as to form.

        15             THE WITNESS:  I don't know what you

        16   mean by the word "scandal."

        17             BY MR. KLAYMAN:

        18        Q    You are part of the Clinton spin

        19   machine.  Correct?

        20        A    I don't know what you mean by "spin

        21   machine."

        22        Q    The group of people that helps the









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         1   press understand the scandals in the light

         2   most favorable to the Administration.

         3        A    Let's try to cut through all this.

         4   You can characterize anything you want, as

         5   you obviously will because you do.  I don't

         6   accept your characterization.  I don't know

         7   what people mean by spin machine.  Different

         8   people have different definitions of that.

         9   I've told you what I did.  I've told you in

        10   considerable detail what I did.  More than

        11   that I don't have anything to add.

        12        Q    I take it that what you do when you

        13   talk to the press is try to portray things in

        14   the most positive light for the Clinton

        15   Administration.  Correct?

        16        A    I try to portray things accurately.

        17   I think one of the things that when you're

        18   dealing with the press, at least my stock in

        19   trade when dealing with the press and

        20   other -- with the press is to be as accurate

        21   as possible and that's what I try to be.

        22        Q    Is one of the people that you deal









                                                             253
         1   with the most in the press Al Hunt, is that

         2   the guy at the Wall Street Journal?

         3        A    I've known Al for many years and

         4   I've talked to him from time to time.

         5        Q    He's a close friend.  Right?

         6        A    No, he's a friend.

         7        Q    During the Thompson hearings I

         8   observed that Al put his arm around you

         9   towards the end of those hearings.  Was that

        10   typified of the close relationship that the

        11   two of you have?

        12        A    Oh, you know us old political

        13   types.  We're always hugging and kissing.

        14   Trademark.

        15        Q    Do you hug everybody?

        16        A    Who, me?

        17        Q    Yeah.

        18        A    Most anybody I can get hold of.

        19   Now, I'm going to take some exception to

        20   that, Mr. Klayman.

        21        Q    You won't hug me, right?

        22        A    I doubt that I'm going to come over









                                                             254
         1   there and hug you.

         2        Q    Thank you.  I doubt that I'll let

         3   you.  Now, with regard to Carville, have you

         4   seen him, have you had any face-to-face

         5   meetings in the last six months?

         6        A    I don't have meetings.  I mean I

         7   see James every now -- you know.  I can't

         8   remember when I've last seen James, as a

         9   matter of fact.  Sometimes when I walk by the

        10   Palm, a restaurant which I have little use

        11   for, I look in and often James is there.  So

        12   in that sense I've seen him on one or two

        13   occasions.  I can't remember, I literally

        14   can't remember when I've last seen him

        15   face-to-face.  We typically talk on the

        16   phone.

        17        Q    Why do you have little use for that

        18   restaurant?

        19             MS. SABRIN:  Objection, relevancy.

        20             MR. KLAYMAN:  He raised it.

        21             MS. SABRIN:  Just because he raised

        22   it doesn't mean it's relevant.









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         1             MR. KLAYMAN:  It may be important.

         2             THE WITNESS:  It's not.

         3             BY MR. KLAYMAN:

         4        Q    It's because you don't want to be

         5   seen, right?

         6        A    What?

         7        Q    You don't want people to know what

         8   your doing.

         9        A    No.

        10             MS. SABRIN:  Objection.

        11             THE WITNESS:  I tell you what I

        12   don't like about the Palm.  They give you too

        13   much food, it costs too much, you waste a lot

        14   of food there, and you can't hear.

        15             BY MR. KLAYMAN:

        16        Q    You're not the kind of guy that

        17   revels in the limelight of Washington.

        18        A    I don't want to characterize that.

        19   I do what I do, and you can characterize it

        20   the way you want.

        21        Q    Now, have you discussed George's

        22   comments, this Ellen Roemech comment with









                                                             256
         1   anyone?

         2        A    I think I may have had a brief

         3   conversation with Paul Begala about it, maybe

         4   Rahm.  But it was very brief.  I didn't put

         5   much weight in it because, quite frankly, I

         6   didn't think George had the foggiest idea

         7   what he was talking about.  But that was my

         8   own opinion.

         9        Q    Have you ever known George

        10   Stephanopoulos to lie?

        11        A    I do not.  I think George -- I have

        12   a great admiration for George.  I consider

        13   him a very good friend.  I have not known him

        14   to lie.  But people have different

        15   interpretations, based on the same set of

        16   facts, people have different interpretations.

        17   In my view that was an interpretation which I

        18   didn't accept.

        19        Q    What was the interpretation that

        20   you didn't accept?  What did you understand

        21   he was trying to say?

        22        A    The transcript you read to me.









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         1   That's the only thing I can work from is the

         2   transcript you read to me.

         3        Q    That you were aware that Ellen

         4   Roemech was an East German spy that President

         5   Kennedy --

         6        A    Well, I don't think that she was an

         7   East German spy as a matter of

         8   interpretation.  I think that is a matter of

         9   established fact.

        10        Q    You are aware that Robert Kennedy

        11   and J. Edgar Hoover used FBI files to try to

        12   get adversaries to back off and not reveal

        13   their relationship?

        14        A    I'm aware that things like that

        15   have been written.  I don't know whether in

        16   fact that is true, but there have been

        17   authors who have written that.

        18        Q    But when you heard the comment that

        19   George made, you clearly knew what the

        20   reference was, that Roemech refers to the use

        21   of FBI files, the whole scandal?

        22        A    I have some vague notion.  I had









                                                             258
         1   run across the East German spy situation, I

         2   don't think I knew her name, from books that

         3   I've read in the past.  I think George picked

         4   it up out of Pillars of Fire.

         5        Q    George told you that?

         6        A    No, he told you that.

         7        Q    Everything's a blur though, isn't

         8   it?  It's hard to tell what he told you and

         9   what he testified at deposition.  Correct?

        10        A    Things do get merged, as you can

        11   appreciate.

        12        Q    So he may have told you that.

        13        A    Yeah.  As I say, I don't recall

        14   having a discussion with him, I already

        15   testified that I don't recall having a

        16   discussion with him about this; and may have,

        17   but I don't recall it.

        18        Q    What did you discuss with Begala

        19   about George's remarks?

        20        A    I don't know.  My recollection is

        21   it was, again, a short conversation.  We were

        22   in the White House, you're short of time and









                                                             259
         1   you don't gab a lot.  I think that he -- I

         2   think that he was -- I think the best way to

         3   characterize Paul, my impression was that he

         4   was a little taken aback by George's

         5   reference.  As I say, I didn't put a lot of

         6   weight on it and it was not a long

         7   discussion, to the best of my recollection.

         8        Q    Begala was surprised that George

         9   revealed the Ellen Roemech strategy?

        10             MS. SABRIN:  Objection.

        11   Mischaracterizes his prior testimony.

        12             MS. SHAPIRO:  Objection.

        13             BY MR. KLAYMAN:

        14        Q    You can respond.

        15        A    Do you want to repeat the question?

        16        Q    Begala was surprised that George

        17   Stephanopoulos had revealed the Ellen Roemech

        18   strategy on national television.

        19        A    No.  I think that George, I think

        20   that my impression was that Paul was taken

        21   aback by George's, this assertion that you

        22   read, and because he like me did not believe









                                                             260
         1   there was one iota of truth in it.  But as I

         2   say, different people have different

         3   interpretations based on the same set of

         4   facts.

         5        Q    So Begala told you that he didn't

         6   believe there was an iota of truth in what

         7   George was saying.

         8        A    My recollection, that was certainly

         9   the impression.  I don't know whether he said

        10   that in so many words.  It was certainly the

        11   impression I had.

        12        Q    Did Begala gesture, was there

        13   something about his body movements WHICH gave

        14   you that impression?

        15             MS. SABRIN:  Assumes facts.

        16        A    A little tough on the phone.  It

        17   was a little tough to see the body movements

        18   on the phone.  As you recall --

        19        Q    Was the intonation of his voice

        20   such that led you to believe that without him

        21   actually uttering the words?

        22        A    Mr. Klayman, look, I think you know









                                                             261
         1   what getting an impression means.  You're a

         2   pretty savvy lawyer, you've been around the

         3   world a lot.  It was an impression that I was

         4   left with after my discussion with Paul

         5   Begala.  Further than that, I can't recall.

         6        Q    How do you know I've been around

         7   the world a lot?

         8        A    In the world.

         9        Q    Okay.

        10        A    Strike the word "around."

        11        Q    Were you following me?

        12        A    Indeed not.

        13        Q    Now, in terms of Emanuel, what did

        14   you discuss with Emanuel about George's

        15   statements?

        16        A    I think probably the same thing.

        17   My best recollection is that Rahm was

        18   somewhat, again, taken aback.  I picked that

        19   up on a phone conversation I had with him.

        20   But again, it was not a lengthy conversation

        21   at all.

        22        Q    What did he say in particular?









                                                             262
         1        A    I don't remember what he said in

         2   particular.  I can tell you an impression

         3   that I had based on a conversation that I

         4   think that I had with him.

         5        Q    Do you know what the White House

         6   Research Office is?

         7        A    I don't.

         8        Q    You never heard of it?

         9        A    No.  I worked -- well, I only know

        10   the West Wing, so I don't know all the White

        11   House.  But from my experience in the West

        12   Wing, I do not recall ever seeing a line item

        13   on an organization chart called the Research

        14   Office.  I think there are people who work in

        15   the press department who do research.  What

        16   they research on, I don't have the foggiest

        17   idea.  But I don't think there's, at least I

        18   can only speak when I was there, when I was

        19   at the White House there was not a department

        20   designated as the research department that I

        21   can recall.

        22        Q    Have you ever talked with or met a









                                                             263
         1   Tom Janenda?

         2        A    I have both met him and talked with

         3   him.

         4        Q    When did you first meet him?

         5        A    I met Mr. Janenda sometime in the,

         6   as I recall, in the '96 campaign, but that

         7   could have been beginning sometime in '95.

         8   That's my best recollection.

         9        Q    Have you met him since he has been

        10   working at the White House?

        11        A    I don't think I've seen Mr. Janenda

        12   or talked to him, again, to the best of my

        13   recollection, since he went over to the White

        14   House.  But I'm not positive when he went

        15   over there.  If you have a date, maybe that

        16   would give me a better fix.

        17        Q    Did you ever work with Mr. Janenda

        18   on a Clinton campaign?  Did you ever do

        19   anything directly with him or any of your

        20   assistants do anything directly with him?

        21        A    Not that I recall.  My best

        22   recollection is that he was in the research









                                                             264
         1   department of the Democratic National

         2   Committee which -- and he worked there I

         3   think, I do not think that he was the top

         4   person there, and that he did research, I

         5   talked to him from time to time, but very

         6   infrequently.

         7        Q    He assisted you with doing

         8   opposition research?

         9             MS. SHAPIRO:  Objection.

        10             MS. SABRIN:  Mischaracterizes prior

        11   testimony.

        12             BY MR. KLAYMAN:

        13        Q    You can respond.

        14        A    Yeah, I don't know what you mean by

        15   opposition, if you want to define that.  Let

        16   me ask you this, since we're both lawyers,

        17   maybe I can try to get a fix on this.  When

        18   you do research on people that you're suing,

        19   is that, you call that opposition research

        20   when you're doing that as a lawyer?

        21        Q    I'll ask the questions.

        22        A    Well, I'm just trying to get a fix









                                                             265
         1   so I can be more helpful to you.

         2        Q    What kind of a fix do you need?

         3             MS. SABRIN:  He's trying to

         4   understand the term that you're using and

         5   find out what you mean by it so he can be

         6   responsive to your question.

         7             BY MR. KLAYMAN:

         8        Q    Let's define it as doing any kind

         9   of research dealing with people who are

        10   critical of your candidate or your President.

        11        A    In virtually every campaign that

        12   I've ever been associated with there is a

        13   research group, sometimes the department,

        14   sometimes one person, that does research on

        15   the opponents, especially what issues they're

        16   taking, what issues they have taken in the

        17   past, whether they're inconsistent with the

        18   issues they're taking now, et cetera.  So if

        19   that's the context you're using the word in,

        20   the answer is yes.

        21        Q    In the various campaigns that

        22   you've worked, which are many, you've









                                                             266
         1   identified some of them earlier, some of

         2   those campaigns have used private

         3   investigators, have they not?

         4        A    Well, if you can jog my memory,

         5   I'll be glad to think about it.  I don't

         6   recall, I mean there have been press reports

         7   as we discussed earlier that the Clinton

         8   campaign in '92 had private investigators.  I

         9   can't verify that.  I don't know that as a

        10   fact.  I know what has been brooded about in

        11   the press.  I'm just thinking about other

        12   campaigns I worked in.  None of them come to

        13   mind.  But, again, you know, you may have

        14   some specific examples you want to raise.

        15        Q    You worked on a campaign concerning

        16   Governor Cuomo, did you not?

        17        A    No, I never worked on a Cuomo

        18   campaign.

        19        Q    Are you aware that Terry Lenzner

        20   worked with Governor Cuomo in one of his

        21   campaigns?

        22        A    I'm not.









                                                             267
         1        Q    Are you aware that Terry Lenzner

         2   investigated Governor Cuomo?

         3        A    I have no knowledge of that.

         4        Q    Are you aware of reports to that

         5   effect?

         6        A    I'm not even sure I'm aware of

         7   reports to it, about it.  Maybe.  I mean it

         8   may have been in one of Terry's profiles, one

         9   of his many profiles.

        10        Q    Have you ever met a private

        11   investigator?

        12        A    Have I ever met a private

        13   investigator?

        14             MS. SABRIN:  He's already testified

        15   he met Mr. Lenzner.

        16        A    I've met Mr. Lenzner.

        17        Q    Other than Mr. Lenzner.

        18        A    Do you consider him a private

        19   investigator?

        20        Q    Yes.  Have you ever met anyone else

        21   other than Mr. Lenzner?

        22        A    Jules Kroll.









                                                             268
         1        Q    Who?

         2        A    Jules Kroll.

         3        Q    Crow?

         4        A    Kroll.

         5        Q    How's that spelled?

         6        A    K-r-o-l-l.

         7        Q    Who is Mr. Kroll?

         8        A    He's a private investigator.

         9        Q    Where is he practicing?

        10        A    He's worldwide.  He's international

        11   in scope.  But I think that his basic, he

        12   works out of New York.

        13        Q    How did you meet him?

        14        A    I've known Jules for years and

        15   years and years.  I knew him when I was

        16   fooling around in politics.

        17        Q    You worked with him?

        18        A    No.  I know him as sort of an

        19   acquaintance.

        20        Q    He's gathered some information for

        21   you from time to time, hasn't he?

        22        A    Has he?









                                                             269
         1             MS. SABRIN:  You mean in a role as

         2   a private investigator?

         3        A    No.

         4        Q    In any role.

         5        A    Not as far as I know.

         6        Q    You're not sure?

         7             MS. SABRIN:  No, that's not what he

         8   said.

         9             BY MR. KLAYMAN:

        10        Q    Have you ever met a Glen Weiner or

        11   talked to a Glen Weiner?

        12        A    Boy, that name rings a bell, but I

        13   can't put a fix on him at all.

        14        Q    He worked on some of the Clinton

        15   campaigns.  He worked on the Wafert campaign.

        16        A    If he came here and sat down I

        17   wouldn't know who he is.

        18        Q    He works with Tom Janenda now in

        19   the White House.  Does that ring a bell?

        20        A    I mean the name rings a bell, but I

        21   don't recall meeting him.  I may have.

        22        Q    He previously worked with Carville;









                                                             270
         1   does that help you ring a bell?

         2        A    It doesn't ring a bell.

         3        Q    Have you ever met an Ann Walker?

         4        A    I have met Ann Walker.

         5        Q    Who is Ann Walker?

         6        A    She is -- was at the time that I

         7   was at the White House, I don't know whether

         8   she still is, an employee of the White House

         9   staff.

        10        Q    What does she do?

        11        A    She -- my best recollection is that

        12   she worked in the press department and was

        13   basically doing research, as a number of

        14   other people did.

        15        Q    What type of research was she

        16   doing?

        17        A    I have no idea.  She didn't report

        18   to me.  She was --

        19        Q    She reported to Ann Lewis.

        20        A    Well, she worked there well before

        21   Ann's advent to the White House.

        22        Q    Are you aware that Carville keeps a









                                                             271
         1   number of files on critics of the Clinton

         2   Administration?  You are aware of that,

         3   aren't you?

         4        A    If it was in his deposition, then I

         5   guess I read it.  James never struck me as a

         6   guy that trucked with much paper.  You know,

         7   he's light on paper, that boy.

         8        Q    You're sure of that.

         9        A    I'm not sure of anything.  I'm just

        10   telling you James usually has -- I've never

        11   seen him truck with paper.  He's verbal.

        12        Q    What's truck mean to you?  I mean I

        13   know you previously represented the trucking

        14   industry, but what does it mean in this

        15   context?

        16        A    Oh, it's a Southern impression.

        17        Q    What does it mean?

        18        A    Fool.

        19        Q    Fool.

        20        A    Fool with.

        21        Q    Are you from the South?

        22        A    Fool with.









                                                             272
         1        Q    Are you from the South?

         2        A    I don't know how you characterize

         3   the South.  Do you want to define South for

         4   me?

         5        Q    I don't know.  I didn't know where

         6   that expression came from.

         7        A    I said it was a Southern

         8   expression.

         9        Q    Have you ever met a Brenda Costello

        10   or talked to a Brenda Costello?

        11        A    Not to my knowledge.

        12        Q    Have you ever heard of Brenda

        13   Costello.

        14        A    Not to my knowledge.  I may have,

        15   but it doesn't ring a bell.

        16        Q    You're aware that Mrs. Clinton has

        17   a staff person in the White House Press

        18   Research Office?

        19        A    I am not aware of that, but it

        20   wouldn't surprise me.

        21        Q    Why wouldn't that surprise you?

        22        A    Mrs. Clinton is a highly visible,









                                                             273
         1   highly public figure.  She does a lot of

         2   speaking.  Typically the speech writers on

         3   the President's side, the speech writers and

         4   the Press Office rely on people to find

         5   information for them.  I call people who find

         6   information researchers.

         7        Q    During your period of working at

         8   the White House you worked with Mrs. Clinton

         9   from time to time, did you not?

        10        A    I did.

        11        Q    In what capacity did you work with

        12   her?

        13        A    I worked with her most closely in

        14   the, with the President's health care

        15   initiative.

        16        Q    What role, if any, did you play in

        17   preparing the affidavit of Ira Magaziner that

        18   was submitted to Judge Lamberth?

        19             MS. SHAPIRO:  Objection.

        20             BY MR. KLAYMAN:

        21        Q    You can respond.

        22             MS. SHAPIRO:  Just a moment.  How









                                                             274
         1   is that question relevant here, Mr. Klayman?

         2             MR. KLAYMAN:  I'll be happy to tell

         3   you if the witness will leave the room

         4   briefly.

         5             THE WITNESS:  Good.  I wanted to

         6   anyway.

         7             MR. KLAYMAN:  You don't interrupt

         8   his testimony in the interim.

         9             MS. SHAPIRO:  Well, I'm not sure

        10   I'm prepared to allow him to testify.

        11             MR. KLAYMAN:  Well, that's fine.

        12   But I don't want the testimony interrupted if

        13   he does.  It deals with truthfulness and

        14   veracity.

        15             MS. SHAPIRO:  Why?

        16             MR. KLAYMAN:  Why?

        17             MS. SHAPIRO:  Yes.

        18             MR. KLAYMAN:  There's a published

        19   decision on it.  I don't care to get into it

        20   in any great depth, but the affidavit was

        21   obviously false in whole or in part.

        22             MS. SHAPIRO:  Well, that's under









                                                             275
         1   litigation, and I'm not going to let him

         2   answer any questions about that.  That's not

         3   the subject of this suit and I am prepared to

         4   take that to the judge right now.

         5             MR. KLAYMAN:  On what basis?

         6             MS. SHAPIRO:  The basis is that

         7   it's wholly irrelevant and it's far afield

         8   and we'll move for a protective order right

         9   now.  That's not the subject of this lawsuit

        10   or anything you can even remotely relate.

        11             MR. KLAYMAN:  Well, we've got quite

        12   a litany of your instructions, so we'll take

        13   it all to the judge at the same time.

        14             MS. SHAPIRO:  No, I'd rather take

        15   it now because that's appropriate procedure.

        16   If you want to pursue this line of

        17   questioning I'd like to take it now.

        18             MR. KLAYMAN:  Well, I'm going to

        19   note it on the record.  That's all I'm going

        20   to do.

        21             MS. SHAPIRO:  That's fine.

        22   However, I'm not going to instruct the









                                                             276
         1   witness not to answer without moving for a

         2   protective order.  So if you put the question

         3   to him, I will move for a protective order.

         4             MR. KLAYMAN:  That's contrary to

         5   prior procedure, and I have to proceed, and

         6   I'm not going to waste time.

         7             MS. SHAPIRO:  Then you can save

         8   that question until the end and then I'll

         9   instruct him at that point.  But if you ask

        10   the question and I instruct him now then the

        11   appropriate procedure is to move.

        12             MR. KLAYMAN:  We'll save it to the

        13   end.  We'll save it to the end.  I wish you

        14   were so prompt all the time, Ms. Shapiro.

        15             MS. SHAPIRO:  Thank you.

        16             MR. KLAYMAN:  Contrary to prior

        17   procedures where you had no concern about

        18   instructing people not to answer.

        19             MS. SHAPIRO:  Why don't we have the

        20   witness come in.

        21             MR. KLAYMAN:  Including during this

        22   deposition.  I believe he's in the restroom.









                                                             277
         1   Let's go off the record and this time will

         2   not count against plaintiff.

         3             VIDEOGRAPHER:  We're going off

         4   video record at 2:49.

         5                  (Recess)

         6                  (Discussion of the record)

         7             VIDEOGRAPHER:  We're back on video

         8   record at 2:52.

         9             MR. KLAYMAN:  Ms. Shapiro, is it

        10   your position that if I was to ask Mr. Ickes

        11   if he played any role in preparing the

        12   affidavit which was submitted to Judge

        13   Lamberth of this court in the health care

        14   task force litigation, that you would

        15   instruct him not to answer now and

        16   immediately move for protective order?

        17             MS. SHAPIRO:  Yes.

        18             MR. KLAYMAN:  What's the basis for

        19   that?

        20             MS. SHAPIRO:  Just exactly what I

        21   told you on the record before we broke.

        22             MR. KLAYMAN:  What is that?









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         1             MS. SHAPIRO:  The basis is that it

         2   has absolutely nothing to do with this suit,

         3   and no possible connection to anything that's

         4   been articulated as permissible discovery.

         5             MR. KLAYMAN:  Are you saying that

         6   if he prepared the parts of that affidavit

         7   which this court found to have been false or

         8   misleading, that that would have no bearing

         9   on his truthfulness and veracity as a

        10   witness?

        11             MS. SHAPIRO:  I'll tell you what I

        12   said before, and that's that the matter is in

        13   litigation and it's not appropriate for

        14   discovery in this case and I'm not going to

        15   permit questioning on it.  I'm willing to go

        16   to the court right now if that's the way you

        17   want to proceed.

        18             MR. KLAYMAN:  Well, we're going to

        19   hold this question until the end, and we'll

        20   take under advisement whether we want to

        21   pursue it right now.  But I wanted your

        22   position right now.  Is that all you want to









                                                             279
         1   say?

         2             MS. SHAPIRO:  I took my position.

         3             MR. KLAYMAN:  Is that all you want

         4   to say?

         5             MS. SHAPIRO:  That's all I want to

         6   say.

         7             MR. KLAYMAN:  I don't want to

         8   interrupt the flow right now, but we will get

         9   back to the health care task force case in

        10   terms of the affidavit.

        11             BY MR. KLAYMAN:

        12        Q    Now just in terms of the health

        13   care task force, you did testify, Mr. Ickes,

        14   that you worked closely with the First Lady

        15   on that issue.  Correct?

        16        A    Yes.

        17        Q    What were your duties and

        18   responsibilities with regard to the health

        19   care task force?

        20        A    I was asked to help manage the

        21   initiative as it was working its way through

        22   the Congressional process.









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         1        Q    You worked with Ira Magaziner on

         2   that matter?

         3        A    I did.

         4        Q    You worked closely with him?

         5        A    I don't know what the word

         6   "closely" means.  It means different things

         7   to different people.  I worked with Ira

         8   Magaziner.  He was a key part of that

         9   initiative, as you undoubtedly know.  I had a

        10   fairly high level role in managing the

        11   initiative.

        12        Q    Now, I take it that that's not the

        13   only thing you've worked with the First Lady

        14   on.

        15        A    It was a thing that I worked with

        16   her most on.  Whether the word, I wouldn't

        17   want to use the word "closely" as you've used

        18   it.  But I did work with her on that.  She

        19   was very involved in the health care

        20   initiative, as I think everyone knows.

        21        Q    What else did you work with her on

        22   while you were with the White House?









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         1        A    That was basically it.  I mean that

         2   took the better part of nearly a year.  After

         3   that, after we determined and the Congress

         4   determined and everybody else determined that

         5   it wasn't going to move forward

         6   Congressionally, we were then moving into

         7   the '94 election, into the '94 elections, and

         8   I was busy working with the President on

         9   that.

        10        Q    Now, you know what the scandal

        11   called Filegate is, I take it.

        12             MS. SABRIN:  Objection as to form.

        13             THE WITNESS:  I don't know if it's

        14   a scandal.  I know that there's a controversy

        15   involving FBI --

        16             BY MR. KLAYMAN:

        17        Q    Let's call it a controversy.  You

        18   know what the controversy is about, the 900

        19   or so FBI files that came over to the White

        20   House?

        21        A    I know in very broad outline.

        22             MS. SHAPIRO:  Objection to the form









                                                             282
         1   of that question.

         2             BY MR. KLAYMAN:

         3        Q    You have discussed the Filegate

         4   controversy with Mrs. Clinton, haven't you?

         5        A    I may have.  It didn't occur -- to

         6   the best of my recollection, this controversy

         7   did not become publicly known until mid '96,

         8   mid-1996.  I had some association with

         9   Mrs. Clinton at that point.  But as I say,

        10   after the health care legislation went down,

        11   I was involved in the '94 elections and this

        12   didn't occur until, what, 1996, I think.  I

        13   was not dealing much with Mrs. Clinton at

        14   that time.  I'm not saying I didn't talk to

        15   her about it, but I have no specific

        16   recollection of talking to her about it.

        17        Q    What general recollection do you

        18   have?

        19        A    I don't even have a general

        20   recollection.  I couldn't give you a time,

        21   place, date.

        22        Q    You did talk with others inside the









                                                             283
         1   White House about the Filegate controversy.

         2        A    Yes.

         3        Q    Who did you talk with?

         4        A    I think the primary people that I

         5   talked to would have been Jack Quinn who was

         6   then Counsel to the President, and Jane

         7   Sherburne, who was Special Counsel to the

         8   President.  I may well have probably talked

         9   to other people, but those are the two people

        10   that stand out in my mind.

        11        Q    You talked to Jack Quinn frequently

        12   and Jane Sherburne frequently about the

        13   Filegate scandal?

        14        A    I don't think it was -- again, I

        15   don't want to characterize the words frequent

        16   or not.  We talked a number of times about

        17   it.  But it was something that the White

        18   House made a determination that they were not

        19   going to conduct their own investigation.

        20   They asked the FBI to conduct it.  In my

        21   recollection, it was shortly thereafter the

        22   Attorney General asked the three-judge court









                                                             284
         1   to expand independent counsel's jurisdiction

         2   and then he took over the investigation.

         3        Q    You did talk about the issue of who

         4   hired Craig Livingstone?

         5        A    That was certainly an issue that

         6   was discussed a lot in the public press and,

         7   to some extent, inside.  I don't know if it

         8   was ever resolved.  We had some discussions

         9   about it.

        10        Q    Who did you discuss it with?

        11        A    I think the people that, again, I

        12   recall that stand out in my mind today, you

        13   know, two years later, is primarily, perhaps

        14   not exclusively but primarily, Jack Quinn and

        15   Ms. Sherburne.  Ms. Sherburne had a number of

        16   people working with her at that time, and

        17   they may have been in some meetings as well.

        18        Q    Had you ever met Craig Livingstone?

        19        A    I had.

        20        Q    When did you first meet him?

        21        A    I don't recall.  It was sometime in

        22   connection with the 1992 campaign is my best









                                                             285
         1   recollection.

         2        Q    How did you come into contact with

         3   him?

         4        A    He was working in the campaign, I

         5   was working in the campaign and we ran into

         6   each other.

         7        Q    What was he doing in the campaign?

         8        A    A good question.  My impression,

         9   and impression only -- first of all, I read

        10   so much about Livingston since this whole

        11   thing broke open it's very difficult, I'll go

        12   further than that, it's impossible for me to

        13   separate what I knew then with what I know

        14   now, because of the merger of information

        15   that I acquired subsequent to then.  But my

        16   impression was that he was working in the

        17   campaign primarily as an advance person.

        18        Q    Was he the one that sometimes bore

        19   the chicken outfit as Chicken George?

        20        A    I don't know.  I never paid a lot

        21   of attention to Chicken George.

        22        Q    Did there come a point in time when









                                                             286
         1   you became aware that he was hired by the

         2   White House?

         3        A    There came a time that I became

         4   aware.  When that was, I don't know.

         5        Q    Incidentally, have you ever been

         6   deposed or put under oath on any matter

         7   involving the Filegate controversy?

         8        A    Boy, I don't know.  I'd have to ask

         9   Amy, but she can't testify, so.  I've been

        10   deposed about so many things by so many

        11   people over such long periods of time, it's

        12   merged.

        13        Q    How many times do you think you've

        14   been deposed in your life?

        15        A    In my life?

        16        Q    Yeah.

        17        A    Counting this, I don't know,

        18   anywhere from 18 to 25 times.

        19        Q    In what proceedings were you

        20   deposed?

        21        A    I couldn't for the life of me begin

        22   to catalog them.  There have been so many









                                                             287
         1   proceedings I've been deposed beginning

         2   in 1994 that, you know, Senate committee,

         3   House committee, Inspectors General, people

         4   who want to be Inspectors General, Grand

         5   Juries, people who want to get the hell out

         6   of the Grand Jury.  It's just, you name it.

         7   I can't think of a body I haven't been

         8   before.  Including now.  I mean this is sort

         9   of the capstone.

        10        Q    This is what?

        11        A    The capstone.

        12        Q    This is the capstone.  This is the

        13   greatest honor you've ever had in being

        14   deposed, is that what you are saying?

        15        A    I didn't say honor, I said

        16   capstone.

        17        Q    What is a capstone?

        18        A    Different people have different

        19   definitions.

        20        Q    What's your definition?

        21        A    Oh, I don't know.  Take it -- I

        22   don't think we should clutter up the record









                                                             288
         1   and the judge's time with my definition of

         2   capstone.

         3        Q    I agree with you.  But I still

         4   don't know what capstone means.

         5        A    Then why did you ask the question?

         6        Q    I don't know what capstone means.

         7   It bears on your intent, your state of mind

         8   during this proceeding.  Now, have you ever

         9   been questioned about Filegate by independent

        10   counsel Ken Starr's office?

        11        A    Not that I recall.  But I will tell

        12   you, Mr. Klayman, I've been asked so many

        13   questions by so many different people in

        14   depositions and other legal proceedings that

        15   I could not testify with any degree of

        16   accuracy whether I had never been asked about

        17   it.  I don't recall it.

        18        Q    Do you recall whether you have ever

        19   been questioned by anyone in the House of

        20   Representatives about Filegate?

        21        A    Same answer.

        22        Q    Same answer for the Senate?









                                                             289
         1        A    Yes.

         2        Q    Filegate, if it happened, if indeed

         3   there was a breach of privacy, would be a

         4   pretty significant controversy, wouldn't it?

         5        A    It would.  I mean my own view is

         6   that if this was done with malice

         7   aforethought and wittingly and knowingly,

         8   that it is outrageous.  I do not know all the

         9   facts.  In fact, I know very few of the

        10   facts.  In fact, I will go so far as to say I

        11   know almost none of the facts.  But just

        12   based on what I've read, it strikes me that

        13   it was inadvertent, unfortunate.  The

        14   President has apologized for it; inadvertent,

        15   but that nonetheless if it was a breach of

        16   privacy, it should not have occurred.  I

        17   agree with you.

        18        Q    You would have therefore remembered

        19   if you had been deposed or questioned, given

        20   the importance of this matter, by the Senate

        21   and House.  It would have been something that

        22   would have stuck in your mind.  Correct?









                                                             290
         1             MS. SABRIN:  Mr. Klayman, I'd like

         2   to state for the record that much of his

         3   testimony is publicly available, on the

         4   Internet and other places.  He may have been

         5   questioned.  Whether it's more important or

         6   more significant than Whitewater, campaign

         7   finance or all the other things that you know

         8   he's been questioned about, is a little bit

         9   hard to judge at this point.  But if you're

        10   interested in what he's testified about,

        11   almost all of it with the exception of

        12   perhaps his testimony to the Grand Jury,

        13   obviously, is out there in the public record.

        14             MR. KLAYMAN:  What's the point of

        15   this, Ms. Sabrin?  To give him testimony?

        16   Certify it.

        17             MS. SABRIN:  Certify it.

        18             BY MR. KLAYMAN:

        19        Q    You would have remembered, wouldn't

        20   you, if you had been deposed or questioned by

        21   these two bodies, the House and the Senate?

        22        A    Asked and answered.









                                                             291
         1        Q    Certify it.

         2             Did there come a point in time when

         3   you became aware that Craig Livingstone had

         4   gotten a job in the White House?

         5        A    Asked and answered.

         6             MS. SABRIN:  Asked and answered.

         7             BY MR. KLAYMAN:

         8        Q    The answer is yes, okay.  What did

         9   you understand he was hired as?

        10        A    I came to understand that he had,

        11   he was involved in the security aspect of the

        12   White House.  My dealings with Craig were

        13   very limited.  He helped me -- he walked me

        14   through the process to get a White House pass

        15   when I first came into the White House

        16   in 1993.  I then left, went back to practice

        17   law, came back in 1994.  My recollection is

        18   Craig walked me through that process also

        19   in 1994.  It's been characterized in the

        20   press that he was in charge of security.  I

        21   don't have any judgment on that whatsoever.

        22   I always thought the FBI -- I mean the Secret









                                                             292
         1   Service was in charge of security.

         2        Q    In the course of your duties and

         3   responsibilities as Assistant to the

         4   President and Deputy Chief of Staff, did you

         5   ever work with Craig Livingstone?

         6        A    I didn't.  I worked in the same

         7   complex.  We were working in the White House.

         8   I never worked with him.  I think, and I

         9   don't want to be presumptuous here in the

        10   sense that you mean that, but I'm not sure

        11   what you mean.

        12        Q    Well, in any capacity.

        13        A    I think, I can only answer what

        14   I've answered Mr. Klayman.  He worked at the

        15   White House.  I worked at the White House.

        16   He did not report to me.  He was, as far as I

        17   knew, he was within the administrative

        18   section of the White House which was headed

        19   up by someone who reported, did not report to

        20   me.  So I think it's fair to say that while I

        21   know he worked there, he did not report to

        22   me.  I could tell you almost nothing other









                                                             293
         1   than what I've already told you about what he

         2   did.

         3        Q    Did you ever have to have any

         4   dealings with his office?

         5        A    None other than -- not to my

         6   recollection other than, I mean there may be

         7   a memo floating around.  But I remember no

         8   dealing with his office other than getting my

         9   White House pass.  We call it a hard pass.

        10   But I think I lost a hard pass once and then

        11   I had to go back to him and get a second hard

        12   pass.

        13        Q    Do you know a Mary Anderson?

        14        A    Who?

        15        Q    Mary Anderson?

        16        A    I don't.

        17        Q    Ever heard of her?

        18        A    Doesn't ring a bell with me.

        19        Q    This was Livingstone's assistant?

        20        A    It doesn't ring a bell.

        21        Q    Anthony Marcica?

        22        A    I read his name in the paper.









                                                             294
         1        Q    Have you ever met him?

         2        A    Not to my knowledge.

         3        Q    Have you ever talked to him?

         4        A    Not to my knowledge.

         5        Q    Have you ever met or talked with

         6   Gary Aldridge?

         7        A    Not to my knowledge.

         8        Q    Have you ever had occasion, did you

         9   ever have occasion when you were with the

        10   White House to review an FBI file?

        11        A    Not to my knowledge.  I have no

        12   recollection of reviewing an FBI file.  I

        13   wouldn't know one if you put it here in front

        14   of me.

        15        Q    Have you ever reviewed your own FBI

        16   file?

        17        A    Not to my knowledge.

        18        Q    Have you ever asked to review your

        19   own FBI file?

        20        A    Not to my knowledge.

        21        Q    Have you ever reviewed material

        22   that was covered by the Privacy Act?









                                                             295
         1             MS. SABRIN:  Calls for a legal

         2   conclusion about the Privacy Act.

         3             MR. KLAYMAN:  He is a lawyer.  He

         4   can respond.

         5             MS. SABRIN:  He said he didn't have

         6   any knowledge generally about the Privacy

         7   Act.

         8             MR. KLAYMAN:  Please don't, please

         9   don't ruin it.  Certify this.

        10             He did not testify to that.

        11             MS. SABRIN:  He did, too,

        12   Mr. Klayman.  Because you can't remember what

        13   he testified to.  We have been here for

        14   hours.

        15             MR. KLAYMAN:  That's inappropriate

        16   to put on the record, Ms. Sabrin.  Certify

        17   it.  That's completely objectionable.

        18             MS. SABRIN:  For you to

        19   mischaracterize his testimony is completely

        20   objectionable.

        21             MR. KLAYMAN:  If he has a problem,

        22   he obviously has been registering his own









                                                             296
         1   objections, and he can make them.  To give

         2   him the testimony is inappropriate.  Certify

         3   it.

         4             MS. SABRIN:  He's entitled to have

         5   his lawyer object as well.

         6             MR. KLAYMAN:  He's not entitled to

         7   have his lawyer give him the answers.

         8             BY MR. KLAYMAN:

         9        Q    Did you ever have occasion to

        10   review material which you understood to be

        11   covered by the Privacy Act while you were at

        12   the White House?

        13        A    I don't know what -- Mr. Klayman,

        14   as Ms. Sabrin has more eloquently and more

        15   forcefully said than I, I testified much

        16   earlier that I am not an expert on the

        17   Privacy Act.  I think my testimony on the

        18   record is that I had some acquaintanceships

        19   with its title.  Knowing those kinds of

        20   statutes, I suspect that it's quite an

        21   intricate statute.  I wouldn't know if I was

        22   looking at something that's covered by the









                                                             297
         1   Privacy Act or not.  It would be something

         2   that I would go to the counsel's office if I

         3   had a question.

         4        Q    Have you ever reviewed Internal

         5   Revenue Service information when you were

         6   with the White House?

         7        A    When you say Internal Revenue

         8   information, what do you mean?

         9        Q    Anything that refers or relates to

        10   the IRS.

        11        A    USC.

        12        Q    What's USC?

        13        A    You're a lawyer.

        14        Q    U.S. Code?

        15        A    Yeah.

        16        Q    Have you ever seen material

        17   generated by the IRS?

        18        A    Yeah, my taxes.  I pay them every

        19   year.

        20        Q    No, I'm talking about when you were

        21   at the White House.

        22        A    I paid my taxes at the White House.









                                                             298
         1   You know, they made us pay.  Paid it right

         2   up.

         3        Q    You actually paid them at the White

         4   House, you turned the money in right at the

         5   White House.

         6        A    You know, it was a slight, I was

         7   slightly off in my language.  I paid my taxes

         8   while I was working at the White House.

         9   Therefore, I saw a lot of material from the

        10   IRS.

        11        Q    Did you see anybody else's material

        12   from the IRS?

        13        A    Not that I recall.  I may have seen

        14   Ms. Enright's.

        15        Q    Did you ever review any

        16   documentation to or from the Internal Revenue

        17   Service while you were at the White House?

        18        A    I may have.  I reviewed a lot of

        19   paper as Deputy Chief of Staff.  I have no

        20   specific recollection.  Typically, that sort

        21   of stuff would work its way through the

        22   counsel's office and we would mercifully not









                                                             299
         1   have to deal with it.

         2             MS. SABRIN:  Are you intending to

         3   limit your questions to IRS information about

         4   individuals or just IRS information in

         5   general?

         6             MR. KLAYMAN:  I'm entitled to ask

         7   my questions the way I want to ask them.

         8             MS. SABRIN:  I want to make sure

         9   that your record is accurate and complete.

        10             MR. KLAYMAN:  You'll have a chance

        11   to cross.  That's what cross-examination is

        12   for.  If you have a problem with my question,

        13   you can sharpen it up on cross-examination.

        14             BY MR. KLAYMAN:

        15        Q    While you were at the White House

        16   did you ever review information from

        17   personnel files?

        18        A    Well, again, that's a definitional

        19   problem, Mr. Klayman.  I don't know how you

        20   define a personnel file.  Did I review

        21   information about people who were being

        22   considered for employment at the White House?









                                                             300
         1   On occasion, I did.  That was not one of my

         2   regular jobs, but on occasion I did.

         3        Q    Did you review any information from

         4   people who were already employed in the White

         5   House out of their personnel file?

         6        A    I may have.  I have no specific

         7   recollection or general recollection.

         8        Q    How would it have fallen within

         9   your duties and responsibilities to look in

        10   personnel files?

        11        A    I'm not saying I did.

        12        Q    But you don't rule it out.

        13        A    I don't rule anything out,

        14   Mr. Klayman, when you're under oath, trying

        15   to tell the truth.  I know it's sort of funny

        16   to you.  You just want people to sit here and

        17   tell them what you want to hear.

        18        Q    No disrespect intended, but when

        19   you say you don't rule anything out, does

        20   that mean you got to cover all bases when you

        21   testify just in case you ever get tripped up

        22   later?

 

 

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