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 252 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. 255 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. 257 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? 278 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. 280 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? 281 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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