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?









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         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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