301 1 A It means what it says, Mr. Klayman. 2 You can read English. 3 Q What does it mean? 4 A You read it, figure it out. Go to 5 the dictionary. 6 MR. KLAYMAN: I'll show you what 7 I'll ask the court reporter to mark as 8 Exhibit 7. 9 (Ickes Deposition Exhibit No. 7 10 was marked for identification.) 11 THE WITNESS: Thank you. 12 BY MR. KLAYMAN: 13 Q Showing you Exhibit 7, have you 14 ever seen this document before? 15 A Well, as I sit here today I don't 16 have a specific recollection of it. If it 17 came from my files, I probably saw it. 18 Q Does this document look familiar to 19 you? 20 A Asked and answered. 21 Q In any way. Do you think you may 22 have seen it? 302 1 A I may have. Asked and answered, 2 Mr. Klayman. I think -- 3 Q At the top of the page it says "JCS 4 Privileged." That's Jane Sherburne. 5 A Are you telling me or asking me? 6 Q Well, aren't those her initials, 7 JCS? 8 A I have no idea if they are. J and 9 S is. I don't know what her middle initial 10 is. 11 Q Jane C. Sherburne, does that ring a 12 bell? 13 A Does what ring a bell. 14 Q That her middle initial is C. 15 A No, I was not aware of Jane's 16 middle initial. 17 Q This is a memorandum, it's a matter 18 of public record at this point, Mr. Ickes, 19 prepared by Jane Sherburne. It's Task List 20 December 13th, 1994. 21 A Mmm-hmm. 22 Q That's when it was prepared. 303 1 A Okay. 2 Q I'm turning down this list. See 3 where it says a K? 4 A K on the second page? 5 Q Yeah. 6 A Yes. 7 Q Before I ask you that question, 8 Ms. Sherburne at the time was a lawyer in the 9 office of the White House Counsel. Correct? 10 A Let's see. In December of '94, 11 yes, I think Jane had returned to the White 12 House by that time. 13 Q What were her duties and 14 responsibilities in December of 1994 in the 15 White House Counsel's office? 16 A Jane headed up the unit in the 17 White House that basically focused on 18 Whitewater and related issues. 19 Q She was kind of the lawyer that 20 dealt with the Clinton controversies or 21 scandals, whatever you want to call them? 22 A As I said, she was the lawyer who 304 1 headed up the team within the White House 2 that dealt with the Whitewater and related 3 issues. 4 Q She was the point person as you 5 knew her to be in the White House Counsel's 6 office on those issues. 7 A That was her basic responsibility, 8 yes. 9 Q She was like the scandalmeister. 10 MS. SABRIN: Objection. 11 THE WITNESS: Again, I think it's 12 sort of a cheap shot to characterize things 13 that way. But if that's the way you want to 14 be, that's the way you want to be. 15 BY MR. KLAYMAN: 16 Q I'm talking about she was the one 17 you went to in the White House Counsel's 18 office if you needed information about the 19 Clinton scandals. 20 A Asked and answered. 21 Q Now, at No. K it lists "Ickes/ 22 union representation." 305 1 A Wait a minute. I'm sorry, what 2 page are you on? 3 Q Page 1. 4 A You're on Page 1, I'm sorry. 5 Q Page 1, K. 6 A Yes. 7 Q "Ickes/union representation," two 8 dots. 9 A Yes. 10 Q What was going on with regard to 11 you and union representation, if anything, in 12 around this time that would have caused 13 Ms. Sherburne to make a notation about this 14 on this document? 15 A The answer is I don't know. You'd 16 have to ask her. 17 Q There was an issue with regard to 18 your involvement with unions connected with 19 the Mafia. Correct? 20 MS. SABRIN: Objection. 21 THE WITNESS: Do you want to repeat 22 the question? 306 1 BY MR. KLAYMAN: 2 Q There was an issue out there, was 3 there not, about your prior involvement with 4 unions who had Mafia ties? 5 MS. SABRIN: Objection as to form. 6 THE WITNESS: There had been an 7 issue. Whether there was such an issue 8 around December of 1994, I don't know. You'd 9 have to ask Jane. 10 BY MR. KLAYMAN: 11 Q You say you had a number of 12 conversations with her. Clearly, you must 13 have discussed this with her. Correct? 14 A I may have discussed it with her. 15 "It" meaning the whole document? 16 Q No, this issue. 17 A Oh. I have no specific 18 recollection of discussing it with her. I'm 19 not even sure I discussed the document with 20 her. 21 Q But you did discuss the issue of 22 your past relationship with union 307 1 representation. Correct? 2 A Asked and answered. 3 Q No specific recollection. 4 A Asked and answered. 5 Q Is that your answer? I don't know 6 if it's that or something else. 7 A Look at the record. 8 Q Well, will you answer? 9 A I've answered it. 10 MR. KLAYMAN: Certify it. What is 11 it that concerned the White House about your 12 past with union representation in and around 13 that time? 14 MS. SABRIN: Assumes facts not in 15 evidence. 16 (Witness conferred with counsel) 17 BY MR. KLAYMAN: 18 Q You can respond. 19 MS. SHAPIRO: Can you wait for one 20 moment please before you answer? 21 MR. KLAYMAN: Can we resume? This 22 is a little bit long for a break. 308 1 MS. SHAPIRO: Sorry, it's only a 2 couple of minutes and we're doing it for your 3 benefit to try to get as much testimony as we 4 can without having to assert any privileges. 5 I'm going to first assert a 6 relevancy objection because it's obviously 7 irrelevant. I'll allow him to answer the 8 question as to his general understanding. I 9 will not allow him to answer any 10 conversations he may remember with counsel. 11 MR. KLAYMAN: That wasn't my last 12 question. My last question was was there a 13 concern at the White House at that time about 14 your alleged mob connections? 15 MS. SABRIN: I object. That was 16 not your last question. 17 MR. KLAYMAN: Well, that is now. 18 That's my question. 19 MS. SABRIN: Object as to form and 20 that it assumes facts not in evidence. 21 BY MR. KLAYMAN: 22 Q You can respond. 309 1 MS. SABRIN: The document you were 2 asking about referred to union 3 representation. 4 MR. KLAYMAN: Which I tied to the 5 Mafia. 6 MS. SABRIN: Yes, you tied it. 7 BY MR. KLAYMAN: 8 Q Was there concern at the White 9 House at that time about allegations that you 10 had been connected with unions tied to the 11 Mafia? 12 A Again, to get a specific answer on 13 this you'd have to ask the author of this 14 document. I think it fair to say, however, 15 that that issue had arisen in 16 late '92/early '93. It was put to rest after 17 a very thorough investigation by a former 18 Assistant United States Attorney for the 19 Southern District and was certified, to use 20 your phrase which I don't yet know what it 21 means, by sitting -- by Federal District 22 Court Judge. 310 1 But given the issues that were 2 being raised by a number of different people 3 and organizations with respect to the 4 Clintons in particular and the White House in 5 general, the Clinton Administration, this 6 probably may have been on a list because of 7 that as a point that Jane, assuming that she 8 wrote this -- and I take your word for it; I 9 don't know whether she wrote it in fact -- 10 was drawing up a list of possible issues that 11 might come up. 12 MR. KLAYMAN: Now, I'll show you 13 what I'll ask the court reporter to mark as 14 Exhibit 8. 15 (Ickes Deposition Exhibit No. 8 16 was marked for identification.) 17 BY MS. SHAPIRO: 18 Q Showing you Exhibit 8, this is an 19 article which is entitled "U.S. to probe 20 White House aide's former law firm to mob 21 ties" by Jerry Seper, Washington Times, 22 July 5th, 1994. 311 1 A Okay. 2 Q Take a look at this, Mr. Ickes, and 3 tell me if this article discusses the 4 situation as you've just described it, the 5 investigation by this former U.S. Attorney 6 which you claim cleared you of mob ties. 7 MS. SABRIN: Object on the basis of 8 relevancy. 9 A Your question? 10 Q Does this article refer to the 11 investigation by this former U.S. Attorney 12 that you claim cleared you of any involvement 13 with mob ties? 14 A The latter part does. Basically on 15 the top of Page 76 on the printout that you 16 gave me, where it talks about the 17 representation of Local 100, that is the 18 situation that I was specifically referring 19 to. As I said earlier -- and I was given a 20 completely clean bill of health in that 21 regard. As I said earlier, while our law 22 firm did represent the Teamsters, I had 312 1 little if anything to do with that 2 representation. 3 Q You have met people that you know 4 to have been in organized crime during the 5 period that you worked in that law firm. 6 Correct? 7 MS. SABRIN: I'm going to object on 8 the grounds of relevancy. 9 MR. KLAYMAN: Just laying a 10 foundation. 11 MS. SABRIN: Well, you're smearing 12 my client on this record. 13 MR. KLAYMAN: I'm not smearing him. 14 MS. SABRIN: Yes, you are. That's 15 what this is about, and I think it's an 16 improper use of the deposition process. 17 MS. SHAPIRO: I join in that 18 objection. 19 MS. SABRIN: If you are going to 20 continue, I'm going to go to the judge and 21 seek a protective order. 22 MR. KLAYMAN: I'll tell you what my 313 1 next question is. 2 MS. SABRIN: If you can tie it back 3 to this lawsuit, I'll let him answer it. 4 MR. KLAYMAN: I'll go backwards. 5 I'll go backwards. 6 BY MR. KLAYMAN: 7 Q During the time that you were in 8 the White House and thereafter, did anyone 9 ever ask you to use any contacts or 10 relationships or anything like that that you 11 had with people in organized crime to gather 12 information? 13 MS. SABRIN: Objection, assumes 14 facts not in evidence. 15 THE WITNESS: Do you want to state 16 the question again? 17 BY MR. KLAYMAN: 18 Q During the time that you were with 19 the White House and thereafter, has anyone 20 ever asked you to use your contacts or 21 knowledge of or relationships with any 22 individuals in organized crime to gather 314 1 information on behalf of the Clinton 2 Administration? 3 MS. SABRIN: Same objection. 4 A No. 5 Q During the period that you were in 6 the White House and thereafter, has anyone 7 ever asked you to use any of your contacts 8 with people associated with Local 100 to do 9 favors for the Clinton Administration? 10 MS. SABRIN: Objection as to form, 11 relevancy, and assumes facts not in evidence. 12 THE WITNESS: Do you want to ask 13 the question again? 14 MR. KLAYMAN: Can you read it back. 15 (The reporter read the record as 16 requested.) 17 MS. SABRIN: Same objections. 18 THE WITNESS: I don't even know how 19 to answer this. You really are carrying this 20 to a new low. You know exactly what you're 21 doing. This is a smear job of the first 22 order. You're despicable because of it, sir. 315 1 BY MR. KLAYMAN: 2 Q Now, will you answer the question? 3 A The answer is no. 4 Q Now, you do know people who are in 5 organized crime, don't you? 6 MS. SABRIN: Objection. 7 THE WITNESS: Not to my knowledge. 8 BY MR. KLAYMAN: 9 Q You do have some knowledge from 10 whatever walk of life as to what organized 11 crime does, don't you? 12 MS. SABRIN: Objection as to 13 relevancy. 14 BY MR. KLAYMAN: 15 Q You can respond. 16 A Once you provide a definition of 17 organized crime, maybe I'll be in a position 18 to answer it. 19 Q A crime which is organized and 20 illegal. 21 A That takes in a lot of crime. 22 Q You're aware of the Gambino family; 316 1 you've heard of them, right? 2 A I've heard of them. I read a whole 3 mythology about them. 4 Q You're aware they deal in 5 racketeering? 6 A I've read that, yes. 7 Q You're aware that sometimes they do 8 things at request for people that assist 9 them? 10 MS. SABRIN: Mr. Klayman, this is 11 really way off the mark. 12 MR. KLAYMAN: I'm laying a 13 foundation. 14 MS. SABRIN: I'm going to call the 15 court right now and seek a protective order 16 if you are going to ask him any more 17 questions about the mob, which is completely 18 irrelevant to this lawsuit. 19 MR. KLAYMAN: Well, what I want to 20 know is whether any of the people that we've 21 identified in this deposition, whether it's 22 Mr. Amodeo or whether it is people such as 317 1 Castellano and others, whether any of the 2 people or people around them were ever asked 3 during the period you worked in the White 4 House and thereafter to do anything by or on 5 behalf of the Clinton Administration. 6 A Amodeo and Castellano are 7 identified in the deposition? 8 Q I asked you questions about that 9 earlier. 10 A No, no. Your precise question, and 11 I won't bother to characterize your memory, 12 but your precise question was whether anybody 13 identified in the deposition such as 14 Castellano and Amodeo, et cetera, et cetera, 15 are they identified in the deposition and if 16 so where? 17 Q Well, let me just ask you the 18 general question. I don't care what 19 characterization you want to put on these 20 people or where they come from or what they 21 do. But did any people associated with them 22 or the people themselves, Amodeo or 318 1 Castellano, and let's add Arthur Coia in 2 there, have any of those individuals ever 3 been asked to do anything to the best of your 4 knowledge by or on behalf of the Clinton 5 Administration? 6 MS. SABRIN: I'm going to object as 7 to form and relevancy. I'm going to suspend 8 this deposition right now because I'm going 9 to call the court and ask for a protective 10 order. There is no basis for these 11 questions. You're trying to smear my client 12 and you're using this for -- 13 MR. KLAYMAN: I made that in a 14 neutral context. 15 MS. SABRIN: You already identified 16 those people in your mind as mobsters. 17 MR. KLAYMAN: I said reported, I 18 said reported. He testified to that as well. 19 MS. SABRIN: He testified he didn't 20 know about their mob associations and that he 21 had never met any of them. 22 MR. KLAYMAN: I just took any 319 1 characterization out of the question, whether 2 it was reported or otherwise. 3 MS. SABRIN: Exactly. 4 MR. KLAYMAN: I just asked whether 5 any of the people in or around those people 6 were ever asked to do anything. 7 MS. SABRIN: How could the 8 recycling of unsubstantiated rumors about 9 something completely unrelated to the FBI 10 files possibly lead to any admissible, 11 relevant evidence in this case? 12 MR. KLAYMAN: Because it is 13 possible, and I'm willing to say this so we 14 can move this along, that those people may 15 have been asked to do something with regard 16 to information gathering. 17 MS. SABRIN: He's testified that to 18 his knowledge no one in the White House asked 19 him to do anything with respect to the mob to 20 pursue information about people. 21 MR. KLAYMAN: That's your 22 testimony. Certify it. 320 1 MS. SABRIN: He has testified to 2 that. 3 MR. KLAYMAN: Certify it. 4 MS. SHAPIRO: Let's go to the judge 5 now and not waste time. 6 MR. KLAYMAN: Stop. We're going to 7 continue with our deposition, because I'm 8 through with this line of questioning. We'll 9 take it from there and we'll get a general 10 ruling. 11 BY MR. KLAYMAN: 12 Q Now, who is it that when you were 13 at the White House, if anyone, that you ever 14 asked to gather information for the Clinton 15 Administration? 16 MS. SABRIN: Objection as to form. 17 THE WITNESS: Do you want to repeat 18 the question? 19 BY MR. KLAYMAN: 20 Q During the period you were at the 21 White House did you ever ask anyone outside 22 of the White House to gather information for 321 1 the Clinton information? 2 MS. SABRIN: About anything? 3 BY MR. KLAYMAN: 4 Q About anything. 5 A I'm sure I did. 6 Q Who was that? 7 A I don't have the slightest idea. 8 DNC, for one. DNC had a research operation. 9 We asked them. I think the campaign itself 10 had a research operation, at some point we 11 asked them to gather information. It depends 12 what the issue was. I mean there were, you 13 know, we dealt with a very broad range of 14 substantive issues in the White House, and 15 there were any number of times that I would 16 call people or have other people call people 17 who were not directly related to the White 18 House outside of the White House, which to me 19 includes the whole Federal Government outside 20 of the White House, for information. 21 Q Who, if anyone, did you ask to 22 gather information on critics of the Clinton 322 1 Administration when you were at the White 2 House? 3 MS. SHAPIRO: Objection. 4 MS. SABRIN: Objection as to form. 5 THE WITNESS: Why don't you define 6 a critic for me. 7 BY MR. KLAYMAN: 8 Q Somebody who says something which 9 is negative or not positive. 10 A At any time. 11 Q At any time. 12 MS. SABRIN: About anything. 13 MR. KLAYMAN: About the Clinton 14 administration. 15 THE WITNESS: Oh, I've said 16 negative things. I can't think of a -- 17 BY MR. KLAYMAN: 18 Q If you are in the pool, answer it 19 with yourself in the pool. 20 A Mr. Klayman, I can't think of a 21 person who has not said something critical. 22 I can't think of a person with the possible 323 1 exception, and even they have been critical, 2 of the President and the First Lady, who have 3 not said something critical about the Clinton 4 Administration. So if you're asking me, if 5 that's your question, if that's the breadth 6 of your question, the same as your question 7 when you threw Arthur Coia in, and I assume 8 you had a whole litany of other people to 9 throw in, I asked a broad range of people for 10 information about the people who were 11 critical of the Clinton Administration. 12 Q Who did you ask? 13 A I have no idea, Mr. Klayman. 14 Q Who are the top ten? 15 A I -- people in the Federal 16 Government, people at the DNC, people at the 17 Reelect, people who were dealing in 18 substantive issues, health care, tobacco, a 19 whole -- welfare, budget, a whole range of 20 people I would ask. I dare say that everyone 21 I have ever met has had some criticism of the 22 Clinton Administration. So therefore 324 1 everybody, by your definition, on this 2 wonderfully worded question which bears so 3 pointedly on the issues at hand, are critics, 4 and I asked for information. 5 Q Did you -- 6 A Now, having said that, I need to 7 take a short break. Thank you very much. 8 VIDEOGRAPHER: We're going off 9 video record at 3:32. 10 (Recess) 11 VIDEOGRAPHER: We're back on video 12 record at 3:40. 13 MR. KLAYMAN: Did we have a 14 question pending when we broke? 15 (The reporter read the record as 16 requested.) 17 MR. KLAYMAN: So we had a question 18 pending. 19 MS. SABRIN: "Did you" was the 20 question. 21 BY MR. KLAYMAN: 22 Q Have you been critical yourself? 325 1 A Yes. 2 Q What were you critical about? 3 A I have disagreed with the President 4 on several issues, death penalty for one, his 5 welfare legislation that he signed for 6 another, by way of example. 7 Q Have you disagreed with him on 8 anything with regard to the Clinton 9 controversies or scandals, any issue that you 10 find that you've been at odds with him on? 11 A With the President? 12 Q Yes. 13 A Not that I know of. 14 Q Turn to Page 2 of this Sherburne 15 memo. 16 A This is Exhibit 7? 17 Q Yes. See where it says at the 18 bottom of Page 1, Preliminaries? 19 A Yes. 20 Q Then it has "a" and then a small 21 "i"? 22 A Yes. 326 1 Q "Sustain shadow on WJC character"? 2 A Yes. 3 Q Do you know what that means? 4 A I don't. I didn't write it. 5 You'll have to ask Sherburne. 6 Q Did they ever use words in the 7 White House when you were there to put 8 shadows on people? 9 MS. SABRIN: Who is "they"? 10 MR. KLAYMAN: Anybody in the White 11 House. 12 A What do you mean by shadow? 13 Q Has there ever been the use of a 14 phraseology in the White House of to hire a 15 private detective was to shadow somebody? 16 A Not to my knowledge. 17 Q This reference says "sustain shadow 18 on WJC." You are aware that WJC refers to 19 Western Journalism Center? 20 A I guess it could. 21 Q That's the terminology. You have 22 heard that terminology in the White House, 327 1 haven't you? 2 A What terminology? 3 Q Western Journalism Center. 4 A I don't think I have. What is it? 5 Q You've never heard of the Western 6 Journalism Center? 7 A No. It sounds like a pretty august 8 organization. But I have to apologize, I 9 never heard tell of it. 10 MS. SABRIN: Mr. Klayman -- 11 MR. KLAYMAN: Did they ever use the 12 word -- 13 MS. SABRIN: When you read this 14 into the record before you said "sustain 15 shadow on WJC." I just want the record to be 16 clear, it says "sustain shadow on WJC 17 character." 18 MR. KLAYMAN: Yeah, I did. 19 A That could mean William Jefferson 20 Clinton, couldn't it? 21 Q I'm asking you. 22 A Beats me. You'll have to ask 328 1 Ms. Sherburne. Does the Western Journalism 2 Center have a character that could have a 3 shadow? 4 Q Did you ever hear of the center? 5 A No. 6 Q Turn to Page 3 wherein it states, 7 Roman numeral IV, "Determine how to handle 8 representation of individual White House 9 staff," and it has "outside counsel, attorney 10 fees, assertion of privileges." 11 A Wait a minute. What page are you 12 on, Mr. Klayman? 13 Q Page 3. 14 A Roman IV, you said? Roman numeral 15 IV? 16 Q Yeah. See where it says -- 17 A Oh, I see, I got it. I'm sorry. 18 Q See where it says "press strategy"? 19 A Yes. 20 Q "Surrogate role"? 21 A Yes. 22 Q In the White House they did use the 329 1 word "surrogate" from time to time when you 2 were there, didn't they? 3 A Yes. 4 Q What does surrogate mean? 5 A Surrogate technically means, 6 obviously depending upon -- nothing's 7 obvious. Depending upon the context, and the 8 context would be very important in my view, 9 surrogate is typically someone who would 10 stand in for either the President or 11 Mrs. Clinton or Mrs. Gore or the vice 12 President. 13 Q Could surrogate also refer to 14 people outside of the White House that would 15 do things on behalf of the White House? 16 A That could mean that also, yes. I 17 don't know what context it's used here, but 18 it certainly could mean that. 19 Q Such as people like yourself right 20 now who are out liaising with the press on 21 behalf of the White House. 22 A Yes, and getting beaten over the 330 1 head by such as you. 2 Q I haven't beaten you over the head, 3 have I? 4 A Well, you stopped the hammering. 5 Q I think you can take care of 6 yourself. 7 A Well, I wouldn't count on that. 8 But you're right, it could mean either, my 9 definition or your definition. 10 Q You are effectively a surrogate 11 now, aren't you, under that definition? 12 A Well, depending on how it's 13 defined, one could call me a surrogate. 14 Q Then it says under "i," "Security/ 15 Livingstone issues." 16 A Yes. 17 Q Do you know what Ms. Sherburne 18 meant by that back in December of 1994? 19 A '94, I do not know. 20 Q Does this refresh your recollection 21 as to whether or not the issue of FBI files 22 arose in December of 1994 in the White House, 331 1 whether it was ever discussed? 2 A I don't recall it being discussed. 3 I'm not saying it couldn't have been. Jane 4 had a pretty broad purview. I don't recall 5 FBI files being discussed. 6 Q Do you recall security issues and 7 Craig Livingstone being discussed at that 8 time? 9 A I don't. It somewhat surprises me 10 that it's there, but I don't. 11 Q When you were at the White House 12 were there regular meetings where the Clinton 13 controversies or scandals, whatever you want 14 to call them, were discussed? 15 A There were, depending upon the time 16 period you're discussing. 17 Q In and around this time period were 18 there meetings being held? 19 A This time period -- 20 Q December of '94? 21 A Being December of '94, my 22 understanding is that Jane Sherburne and her 332 1 group met on a regular, i.e., daily basis. I 2 would meet with her on a fairly regular 3 basis. I can't think of any other regular 4 meetings in that sense, unless within the 5 counsel's office, and I was not involved with 6 the counsel's office outside of working with 7 Ms. Sherburne and there may have been regular 8 meetings there. 9 Q Who would meet regularly with 10 Ms. Sherburne? 11 A Her staff. She had a staff, at 12 this time I don't know how large her staff 13 was. It grew in size. But I think initially 14 it was quite a small staff. She may have 15 been meeting with herself, for all I know, at 16 that time. 17 Q Who were they? 18 A The people that I know and the 19 people that I dealt with would have included 20 Jane, obviously. Mark Fabiani started 21 working at the White House I think at a date 22 later than the date of this document. 333 1 There's a person by the name of Mr. Fishman 2 who worked there for a period of time. There 3 were others whose names escape me, but there 4 was a unit of people. John Yarowsky, as a 5 matter of fact, worked in that unit for a 6 while. There were some others. 7 Q Cheryl Mills? 8 A Cheryl Mills did not work in that 9 unit. She had, my understanding is that she 10 had some interaction with the unit. But she 11 was, I think at that point Ms. Mills was 12 Associate Counsel. She subsequently has 13 become Deputy Counsel is my understanding. 14 Q Lanny Brewer? 15 A Lanny Brewer did not, as far as I 16 know, begin working at the White House until 17 after I left in January of '97. 18 Q In and around this time period, was 19 there any discussion that you know of about 20 Privacy Act materials and Craig Livingstone 21 in general? 22 A I don't recall any specific or 334 1 general discussion about that. I mean 2 Privacy Act may have been mentioned. I have 3 no specific recollection about it. But the 4 Livingstone thing is a mystery to me. 5 Q It says under No. 2, "Review 6 Livingstone file." Do you know what they're 7 referring to, the Livingstone file? 8 A I don't know. 9 Q Then it says "Consult with Randy 10 Turk." Do you know Randy Turk? Have you 11 ever met him, talked to him? 12 A The name rings a bell. I may well 13 have met him. I can't identify him right 14 now. 15 Q Do you know who he is in terms of 16 his position? 17 A No. 18 Q If I told you that he was a lawyer 19 with Craig Livingstone, would that ring a 20 bell? 21 A On some things I'd believe almost 22 anything you said. 335 1 Q What do you mean by that? 2 A Just what I said. It's plain 3 English. You can look it up. 4 Q On some things you would believe 5 almost anything I said. What's your line of 6 demarcation? 7 A Well, based on the questions and 8 some of the characterizations that you have 9 laid out here during this deposition, I do 10 have some questions about sort of where 11 you're coming from. But that's okay, it's 12 your province. 13 Q "Interview Livingstone," do you 14 know what that was in reference to? 15 A I don't know. 16 Q Turn to Page 4, No. iii. 17 A Roman III or -- 18 Q Little 3, yeah, Roman iii. 19 A Triple little "i," is that what you 20 are referring to. 21 Q Right, triple little "i." 22 A Okay. 336 1 Q "Chain of custody re transfer of 2 Clinton personnel files." 3 MS. SABRIN: Personal files, not 4 personnel. 5 MR. KLAYMAN: Personal files. 6 BY MR. KLAYMAN: 7 Q In and around this period of time 8 what was discussed about the chain of custody 9 concerning the transfer of Clinton personnel 10 files -- personal files. 11 A I couldn't tell you. I think, 12 Mr. Klayman, if you look at this list, this 13 strikes me -- and, again, Jane would 14 obviously be the best source on this. But if 15 you want to pummel me about it, I'll try my 16 best at it. Is a list, it looks to me as if 17 it was -- as if it were an all-inclusive list 18 of anything that she thought at the time she 19 wrote it that could arise. That does not 20 necessarily mean that any one of these 21 particular items was a subject of controversy 22 at the time that she drafted the memo, 337 1 assuming that she drafted it. 2 Q Well, what I'm asking, is there -- 3 are there in the White House, or at least 4 when you were there, files known as Clinton's 5 personal files? 6 A Not that I know of, but it wouldn't 7 surprise me. I mean this is, after all, 8 where he lives and where he works. It's the 9 only house he has. It's the only office he 10 has. Just as I kept personal files in my 11 office, it wouldn't surprise me that he had 12 personal files in his office. 13 Q Well, it says Clinton. It doesn't 14 say Bill. It could be the reference is to 15 Hillary Clinton. 16 A It could be Chelsea. It could be 17 Socks, assuming Socks had files. 18 Q Was there ever any discussion as to 19 what would be a personal file in terms of how 20 files are kept in the White House when you 21 were there or thereafter? 22 A Not that I recall. I think that 338 1 there was considerable controversy according 2 to my reading of the press about Vince Foster 3 and what was personal and what was not 4 personal, et cetera. But I don't recall any 5 specific discussion about personal files. I 6 don't even recall it being an issue at this 7 time other than what had happened in the 8 past, especially in connection with the death 9 of Mr. Foster. 10 Q Did you ever keep files on your 11 prior labor union representation in the White 12 House? 13 A In the White House. 14 Q Yeah. 15 A Not that I recall. I had some, I 16 brought a few files with me from my former 17 law firm. I don't recall -- there may have 18 been, I may have had a file on Local 100 19 because that obviously had been an issue that 20 had arisen in late '92/early '93, had been 21 cleared up to everyone's satisfaction, or 22 almost everyone's satisfaction, and I may 339 1 have brought a very small file. Other than 2 that, no. 3 Q Where is that file today? 4 A It's probably at my home. 5 Q Are there other files that you now 6 remember that are at your home? 7 MS. SABRIN: He testified earlier 8 that he kept -- 9 BY MR. KLAYMAN: 10 Q That you kept when you were at the 11 White House? Please don't interrupt. 12 MS. SABRIN: Asked and answered. 13 MR. KLAYMAN: Please don't 14 interrupt. 15 MS. SABRIN: I'm allowed to object. 16 A What's the question? 17 Q Well, we seemed to have scored a 18 breakthrough here. You remembered a 19 particular file. 20 A Well, that, I mean I could just 21 sort of feel, you know, like that New York 22 earthquake I was talking about, just whoosh. 340 1 Enormous breakthrough, Mr. Klayman. I knew 2 you'd get there. I knew if you just kept 3 asking these questions we would achieve 4 Hallelujah land. Anyway, go ahead. They say 5 when you ask enough questions you're bound to 6 ask the right one. 7 Q Well, thank God for little things. 8 A I know, I know. I've been in your 9 position. 10 Q What other do you now remember you 11 took from the White House and you're keeping 12 at home? 13 A As I said, I've already asked and 14 answered that question, quite frankly. I 15 gave you extensive, extensive exposition 16 about files that I took home that were files 17 that I had in my office that I considered 18 personal files that I took home. Many of the 19 files I turned over to my attorney. Some of 20 them I did not, personal financial files. 21 Q Did you keep an opposition research 22 file when you were at the White House? 341 1 A Well, as you know, Mr. Klayman, 2 from prior testimony here, I don't know what 3 "opposition" means. If it means anything 4 that may be critical of the Clinton 5 Administration, then I probably have a paper 6 or two hanging around like that. 7 Q It was in a discrete file? 8 A Oh, it depends on the issue. 9 Q You took that one home, too. 10 Right? 11 A Which one? 12 MS. SABRIN: Objection to the 13 characterization of his prior testimony. 14 THE WITNESS: I didn't say I had 15 opposition in the sense that you may be using 16 that. I said if there are papers that were 17 critical of the Clinton Administration, I may 18 have some documents that are critical of the 19 Clinton Administration. But you used a very 20 broad definition of "opposition" earlier on 21 which I'm just adopting. 22 BY MR. KLAYMAN: 342 1 Q Now, Vince Foster worked in the 2 White House Counsel's office. Correct? 3 A He did, according to my best 4 information. 5 Q You are aware that he had access to 6 FBI files. Correct? 7 A I don't know what Mr. Foster had. 8 He worked there at a time that I was not in 9 the White House. 10 Q There's no overlap between his 11 period and your period? 12 A None. Well, let me back up. I was 13 there for a very short period of time during 14 and after the Inauguration, the '92 15 Inauguration, probably no more than five or 16 six days. Then I and Ms. Enright returned to 17 New York. But we were just getting settled 18 down then and trying to figure out what floor 19 we were on. 20 Q You were, however, in the White 21 House after Mr. Foster died. 22 A Yes. 343 1 Q You were made privy to the events 2 that followed his unfortunate death. 3 A Privy, if one calls reading the 4 newspaper privy. 5 Q You are aware that his office was 6 searched after his death? 7 A I learned that from the newspaper, 8 yes. There was a lot of press about that 9 around the time of Mr. Foster's suicide. 10 Q You were kept apprised of what was 11 going on with regard to documents taken out 12 of his office? 13 A I was not. 14 MS. SABRIN: At what point in time 15 are we talking about? 16 MR. KLAYMAN: After he died. 17 A Well, after he died is a long 18 period of time. That starts the day he put a 19 bullet through his head to today. So do you 20 want to narrow it down a little bit? 21 Q No. 22 A Oh, okay. I think it's fair to say 344 1 that I learned most of what I know about 2 Mr. Foster and that very tragic situation 3 through the press. It happened, as you -- my 4 best recollection, it happened midsummer, 5 June, July of '94. I was in Mineola, in New 6 York City practicing law. 7 MS. SABRIN: '93. 8 THE WITNESS: '93, I'm sorry. I 9 stand corrected. 10 BY MR. KLAYMAN: 11 Q Did you ever discuss Vince Foster 12 with William Kennedy? 13 A With William Kennedy? I think I 14 only discussed Mr. Foster with William 15 Kennedy in terms of their relationship in 16 Little Rock. They knew each other in Little 17 Rock. I think they worked at the same law 18 firm. That's the extent of any conversation 19 that I can recall at this point now five 20 years later about with Kennedy. 21 Q You are aware that as part of his 22 duties and responsibilities William Kennedy 345 1 reviewed FBI files from time to time? 2 A I may have been aware of that and 3 may well have forgotten it. I couldn't 4 testify to a fact right now. 5 Q You are aware that as part of 6 Mr. Foster's duties and responsibilities he, 7 too, reviewed FBI files from time to time? 8 A Same answer, same answer. 9 Q Did you ever discuss whether FBI 10 files were taken out of Foster's office with 11 anyone up to today? 12 A I may have. 13 MS. SHAPIRO: Objection. Lacks 14 foundation. 15 BY MR. KLAYMAN: 16 Q You can respond. Oh, you already 17 did respond. Who did you discuss it with? 18 A I don't recall. I had thousands of 19 conversations, Mr. Klayman, over the years, 20 thousands, a lot of conversations. 21 Q What FBI files were taken out of 22 Mr. Foster's office after he died? 346 1 A I don't know that any were. I 2 don't know as a fact that any were. 3 Q Do you have all the notes that you 4 took while you were at the White House in one 5 discrete place? 6 A You mean the ones I didn't throw 7 away. 8 Q The ones that are currently in 9 existence. 10 A No. They're scattered. I think my 11 attorneys have virtually all of them. 12 Q Where else would they be scattered 13 other than where you testified earlier today? 14 A Well, when you say took in the 15 White House, I took personal notes on 16 personal business. But those notes to the 17 extent I have any would be at my home. But I 18 think it's fair to say that virtually all if 19 not all of my notes, other than for what even 20 you probably would consider are personal, 21 although I don't want to put words in your 22 mouth, are at my attorney's office. 347 1 Q Do you know whether or not notes 2 concerning FBI files from Mr. Foster's office 3 were searched for prior to your deposition 4 today? 5 MS. SHAPIRO: Objection, lacks 6 foundation. 7 BY MR. KLAYMAN: 8 Q You can respond. 9 MS. SHAPIRO: Mischaracterizes his 10 testimony. 11 MS. SABRIN: I would just like to 12 state, I'll let him answer that question but 13 I just want to make sure you're clear on the 14 sequence of events here. Mr. Foster -- 15 MR. KLAYMAN: Please don't -- 16 MS. SABRIN: No, no, this is very 17 important because you are asking questions 18 that could confuse the record and we don't 19 want the record to be confused. 20 MR. KLAYMAN: I don't want it 21 confused. Can we have Mr. -- 22 MS. SABRIN: Mr. Foster died in the 348 1 summer of 1993 and Mr. Ickes, as he 2 testified, started working in the White House 3 in January of '94. So I just want to make 4 sure that when you ask him questions, you're 5 aware that he wasn't in the White House at 6 the period, when the events that you are 7 asking about occurred. 8 MR. KLAYMAN: I am aware of that. 9 I didn't need you to tell me because in fact 10 he just testified to that. 11 THE WITNESS: I know, but you often 12 forget what I testify to. So I don't blame 13 Amy for trying to make sure that you 14 remember. 15 BY MR. KLAYMAN: 16 Q Did you search for documents that 17 may reflect FBI files taken out of Foster's 18 office in response to Judicial Watch's 19 subpoena? 20 A Asked and answered, Mr. Klayman. 21 MR. KLAYMAN: Certify it. 22 BY MR. KLAYMAN: 349 1 Q Look at the bottom of Page 4. 2 A The short of it is, as I've 3 testified at least twice before earlier in 4 this overly long deposition, that I searched 5 all the files in my house and all the files 6 in my office, and that I thought were 7 remotely relevant or pertained to this 8 deposition, and I gave them to Ms. Sabrin. 9 Ms. Sabrin reviewed them and determined in 10 her view what was relevant. I didn't 11 disagree with her determination. 12 Q Look at the bottom of Page 4. 13 "Obligation to disclosing note to law 14 enforcement authorities." Do you know what 15 that reference is to? 16 A I don't. I mean you really 17 ought -- you know, you keep hammering away on 18 this document and Jane is the person, 19 Ms. Sherburne is the person. She could tell 20 you all this stuff, assuming she wrote this. 21 Q I'm entitled to ask what you know. 22 A I know you're entitled. I know 350 1 you're entitled. I know you're entitled. 2 You're entitled to keep me sitting here hour 3 after hour after lugubrious hour asking very 4 broad, basically irrelevant and, when you 5 look at the record, when we all get to look 6 at the record on the Web sight -- by the way, 7 when does it go up on the Web sight? 8 Q When would you like it to go up? 9 How's that? 10 A It's up to you. 11 Q When would you want us to do that? 12 A Anytime you feel like it. 13 Q Okay. 14 A Anytime. I was just asking you 15 when do you usually put them up. 16 Q Turn to Page 5. 17 A Could you put a "please" on the end 18 of that? 19 Q Please. 20 A Thanks. We're on Page 5. 21 Q "Chris Ruddy/center for Western 22 Journalism." Did you ever discuss Chris
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of this deposition