401 1 and assumes facts not in evidence. 2 BY MR. KLAYMAN: 3 Q You were aware of that before this 4 conversation. Correct? 5 A Yeah. I think I was aware of that 6 and that may have been the basis for this 7 discussion. 8 Q During that discussion, people did 9 discuss that Hillary Rodham Clinton was the 10 mastermind of Filegate. Correct? 11 MS. SHAPIRO: Objection. 12 MR. CARY: Objection to form. 13 BY MR. KLAYMAN: 14 Q You can respond. 15 A Nobody -- 16 MR. SHAPIRO: You can answer the 17 question. We just object to the form of the 18 question. 19 A Oh. Nobody in their right mind, 20 and obviously I exclude Dick and Sherry -- 21 not even Sherry. I exclude Dick from that 22 universe of people. Nobody in their right 402 1 mind thought Hillary Rodham Clinton was the 2 mastermind of anything regarding the FBI 3 files. 4 Q Why is that? 5 A That's just what we thought. 6 Q But obviously you must have sought 7 information to be able to rebut that charge. 8 Correct? 9 A This, as I recall, the independent 10 counsel was well into investigating this 11 whole matter at that point. 12 Q How do you know that? 13 A My recollection is that it was 14 shortly after this whole situation broke open 15 in June, which you sort of stipulated to, 16 that the FBI got involved. My best 17 recollection is that shortly after the FBI 18 was involved, the Attorney General expanded 19 or at least petitioned to expand Mr. Starr's 20 jurisdiction, and that he took over the 21 investigation of the FBI files. These notes 22 were taken in September. Again, this is best 403 1 recollection from a pretty faulty memory, but 2 I think it's safe to say that Starr had 3 jurisdiction at this point. 4 Q I didn't ask you what Starr did. 5 But as long as you're on that subject, were 6 you interviewed by any of Starr's people in 7 and around this time period? 8 A Not that I recall. 9 Q Was anyone else, to the best your 10 knowledge? 11 A You mean in connection with? 12 Q With Filegate. 13 A Not that I recall, no. 14 Q Were any of these people, Peter 15 Knight or Peter Kasdic or Lynn or Jack or 16 yourself, as listed on this document? 17 A You'd have to ask them. 18 Q Clearly there must have been a 19 conversation that went on as to whether or 20 not Hillary Clinton was the mastermind of 21 Filegate during this conversation. Correct? 22 MS. SABRIN: Objection as to form. 404 1 BY MR. KLAYMAN: 2 Q You can respond. 3 MR. CARY: Join in the objection. 4 A Well, the weight of the objection 5 seems to be on the other side. But I think 6 my best recollection is, again, to some 7 extent refreshed by this note, is that I 8 don't know when Sherry Rowlands' diary came 9 out. But I do recall what you said a little 10 bit earlier, that she, I think in her diary 11 had said that Dick had said to her that 12 Mrs. Clinton was the mastermind, I think. I 13 mean I'd have to look at the diary, but 14 that's my recollection of it. So there 15 clearly was talk about it, if that diary at 16 this time had been made public. There was 17 surely a lot of talk about it among the 18 chattering, nattering ���� of Washington. So 19 it was a subject of a lot of conversation, 20 assuming all those ifs, and I really don't 21 know when her diary was made public. 22 Q You've seen that, Sherry Rowlands' 405 1 diary? 2 A I have seen excerpts printed in 3 various newspapers. I couldn't tell you for 4 the life of me now much of what it said. But 5 I recall at the time. 6 Q Was any effort made by the White 7 House to get that diary? 8 A I don't know. You'd have to ask 9 someone like Jane Sherburne. My sense is, 10 Mr. Klayman, that that would have been -- 11 especially at this period of time, I don't 12 think the White House was messing with this 13 stuff. This would have been up to Mr. Starr. 14 Q In and around this period of time, 15 June through September 10th, you had talked 16 with Mr. Morris, hadn't you, during that 17 period? 18 A What period of time? I'm sorry. 19 Q June when the controversy broke up 20 to the date of this conversation which was 21 September 9th, 1996, you had talked with 22 Mr. Morris during that interim period, had 406 1 you not? 2 A Oh, yeah. I had the unfortunate 3 experience of talking to Dick quite a number 4 of times. Actually, you didn't talk to Dick. 5 You listened to him. 6 Q You talked to Dick about the 7 Filegate controversy, among other things. 8 Correct? 9 A I don't think I would have ever 10 talked to Dick about something like that. 11 Most untrustworthy fellow, Dick. 12 Q You wouldn't want to share any 13 information with Dick. 14 A I didn't say that. But thanks for 15 trying. 16 Q You don't like Dick very much, do 17 you? 18 A He's all right. You know. He's 19 sort of an undisciplined chatterbox. 20 Q In fact, you hate him, don't you? 21 A No, I don't hate him. You know 22 that hate is something, Mr. Klayman, you 407 1 really have to invest a lot of energy in. I 2 don't invest a lot of energy in Dick Morris. 3 He ain't worth it. You know what I mean? 4 Q Why isn't he worth it? 5 A I'm just giving you my view of 6 life. You don't have to accept it; I'm just 7 giving you my view. 8 Q Why is he not worth it, based on 9 your impression? 10 A That's my judgment that I reached, 11 Mr. Klayman. 12 Q He's not a worthy individual? 13 A Huh? 14 Q He's not a worthy individual? 15 A Oh, I wouldn't call -- every 16 individual is worthy. 17 Q You consider him to be dishonest? 18 A I considered him to be unreliable 19 and in many cases a blatant liar. Now you 20 can interpret that any way you want. 21 Q What do you base your opinion on? 22 A I've had a long association with 408 1 Mr. Morris, much too long. 2 Q Give me an example of how he's lied 3 to you. 4 A He has just -- I was in a situation 5 with him in which he told President Clinton 6 something that George Stephanopoulos had done 7 and George didn't do it and I knew George 8 didn't do it and he just plain lied to the 9 President of the United States. I figure if 10 a man is going to lie to the President of the 11 United States he'd lie to anybody, don't you 12 think? 13 Q What did he say that George 14 Stephanopoulos had done? 15 A Oh, I don't know. It was some, I 16 can't even remember the details now, but it 17 was something that Dick had done and he was 18 trying to cover it up and lay it off on 19 George. But you know what I mean, a guy that 20 would sit there and lie to the President. Of 21 the United States. 22 Q Have you ever known the President 409 1 of the United States not to tell the truth? 2 A Not me. I've known him for 20 3 years. 4 Q You've never known him to tell one 5 untruth. 6 A Asked and answered, Mr. Klayman. I 7 know you want to pursue this, but asked and 8 answered. 9 Q Now, did you talk to Dick Morris 10 during this period? I know you just said you 11 did on many occasions. 12 A Asked and answered. 13 Q Yeah, right. I'm just laying the 14 foundation, getting back to it, Mr. Ickes. 15 A Yeah, I didn't forget my answer. 16 Q Did you discuss with him Sherry 17 Rowlands during this period? 18 A I have no recollection of 19 discussing Ms. Rowlands with him. I don't 20 think, just to put that in a little bit of 21 context, I don't think that the world at 22 large, including myself, knew about 410 1 Ms. Rowlands until the Star, I think it was 2 the Star that broke it during the convention. 3 I think that's when we -- 4 Q This is after the convention, 5 correct? 6 A Yeah, but this time, you know, you 7 had started it, if you remember your 8 question, I'm sure you don't, you had started 9 your -- you had done your predicate between 10 June and now. I was working in that time 11 frame. I mean if you're going to change the 12 time frame, you ought to at least let me 13 know. 14 Q I'm keeping the same time frame. 15 A Yeah, June -- 16 Q June to September 9th. 17 A Right, and I don't recall talking 18 to Mr. Morris because he was gone. He was 19 good-bye, he was toast. 20 Q There were people at the White 21 House who did communicate with Dick Morris to 22 find out why apparently this was written in 411 1 Rowlands' diary, correct, that Hillary was 2 the mastermind? 3 A You'll have to ask those people. I 4 don't know. 5 Q You were one of those people, 6 weren't you? 7 A One of those people who did what? 8 Q Who contacted Morris to find out 9 why Rowlands had written that Hillary Clinton 10 was the mastermind in her diary? 11 MS. SHAPIRO: Asked and answered. 12 MS. SABRIN: It's already asked and 13 answered that he didn't talk to him after 14 he -- 15 A Are you in Fantasyland somewhere? 16 I mean I know it's getting late in the day 17 here, man, but you must, I mean you must 18 be -- this is Alice in Wonderland. You think 19 I'm calling Dick Morris to find out anything 20 about the truth from him? Come on. 21 Q Now, did you or anyone else on 22 behalf of the White House contact Dick Morris 412 1 to get him to prepare this affidavit where he 2 said he was really just discussing polling 3 data, not his statement that Hillary was the 4 mastermind of Filegate? 5 A I can only speak for myself, 6 Mr. Klayman. I did not contact Mr. Morris in 7 that regard. 8 Q Do you know who did? 9 A I don't know. I don't know if 10 anybody did. 11 Q Can you read the next part? Well, 12 let me back up. This was obviously discussed 13 during the conversation. Did anyone offer an 14 opinion or anyone offer any facts as to 15 whether or not Hillary Clinton was the 16 mastermind of Filegate during this telephone 17 conversation? 18 A Did anyone on this call? 19 Q Yes. 20 A Offer the proposition that she was 21 in fact the mastermind? 22 Q Yes, or offer any facts or express 413 1 any opinion or discuss the issue. 2 A You've asked me about three 3 questions. Do you want to parse them out and 4 just ask me one at a time? 5 Q Offer any facts. 6 A Did anybody on this phone 7 conversation offer any facts that would do 8 what? 9 Q That would go towards the 10 proposition that Hillary Clinton was the 11 mastermind of Filegate. 12 A No. 13 Q Did anyone discuss who had hired 14 Craig Livingstone during this call? 15 A Not that I recall. 16 Q Do you know whether these topics 17 ever came up at all in this call or at any 18 other time? 19 A Which topics? 20 MS. SHAPIRO: Asked and answered. 21 BY MR. KLAYMAN: 22 Q Hillary Clinton being the 414 1 mastermind of Filegate other, than in this 2 call, was it ever raised that you know of 3 other than in this call? 4 MS. SABRIN: Asked and answered. 5 A God, the newspapers were writing 6 about it all over hell's half-acre. 7 Q I'm talking about in the White 8 House or the people you were in contact with. 9 MS. SABRIN: Asked and answered. 10 BY MR. KLAYMAN: 11 Q You can respond. 12 A I am sure, Mr. Klayman, that 13 anything that was talked about as much as 14 this in the public presses was certainly 15 talked about in the White House. When, 16 where, whom, under what circumstances, what 17 was said, to whom it was said, what they 18 responded, I don't know. 19 Q Who participated in those 20 discussions? 21 A Beats me. 22 MS. SABRIN: Asked and answered. 415 1 MS. SHAPIRO: Asked and answered. 2 BY MR. KLAYMAN: 3 Q Read the next part. 4 A Which part are we on now? "DM will 5 give Clinger back up documentation including 6 a poll to prove that all Morris was talking 7 about." Now -- go ahead, I'm sorry. 8 Q Somebody said that they had 9 information of what Morris was going to do 10 and give Clinger information to prove that he 11 was just talking about a poll, someone 12 mentioned that during the conversation. 13 A Apparently so. 14 Q Was that you? 15 A I would sincerely doubt it since I 16 had no communication with Mr. Morris, to my 17 knowledge, after he was relieved of his 18 duties in the campaign which was during the 19 Democratic National Convention which occurred 20 before this phone call. 21 Q Who said that? 22 A I don't know. 416 1 Q Whoever said it, that was based on 2 a conversation with Dick Morris or 3 communication with Dick Morris? 4 A I have no idea. 5 Q Read the next part. 6 A "Our position is that the polling 7 info is not Morris' to produce. It is" 8 Clinton/Gore, "C/G," meaning Clinton/Gore, 9 "material." 10 Q Read the next part. 11 A "LU," referring to Lynn Utrek, "to 12 call M's lawyer." 13 Q Does that mean Morris' lawyer? 14 A Yes. 15 Q Who was Morris' lawyer at the time? 16 A I don't know. My recollection is 17 that he was somebody from I think Pittsburgh, 18 but I don't recall his name. 19 Q What was meant by this? Who said 20 it, No. 1, and what did you take it to mean? 21 A I don't know who said it. I think 22 that there was an issue about who had the 417 1 legal rights to the data and information that 2 had been created in connection with and for 3 the campaign. 4 Q Now, what was the polling data 5 about? 6 A The polling data was polls that had 7 been taken during the course of 1995 and 1996 8 in connection with the Presidential race. 9 Q What was the nature of the data? 10 A Extensive. 11 Q Was the data that was referred to 12 here a poll on whether or not Hillary Clinton 13 was responsible for Filegate? 14 MR. CARY: Objection to form. 15 BY MR. KLAYMAN: 16 Q Do you know what the American 17 people were thinking about that issue? 18 A I think, I don't recall 19 specifically, Mr. Klayman. I think that this 20 was polling data generally, and Mr. Morris 21 had a lot of polling data. It may be 22 referring to one specific poll. I don't 418 1 know. Or it could be referring to polling 2 data generally. 3 Q If Mr. Morris was going to write an 4 affidavit that would exonerate Mrs. Clinton 5 from the charge that she was the mastermind, 6 why would there be a problem in releasing 7 Clinton/Gore polling data? 8 A Good question. 9 MS. SABRIN: Object as to form. 10 Assumes facts in evidence that there was a 11 problem with releasing it. 12 MR. KLAYMAN: He obviously 13 complimented me that it was a good question. 14 So I want him to be able to answer that 15 question. 16 A I did what to you? 17 Q You complimented me. You said it 18 was a good question. 19 A I complimented you? 20 Q Yes. 21 A Preposterous. Are you going to put 22 that on the record? You will ruin my 419 1 reputation. You don't want to do that. 2 Q You're finished. 3 A I am toast. Anyway, let's go back. 4 Q Answer the question. It was a good 5 question. 6 A It is. What is your question? 7 MR. KLAYMAN: Read it back. 8 THE WITNESS: So damn good, I 9 forgot it. 10 (The reporter read the record as 11 requested.) 12 THE WITNESS: I think, Mr. Klayman, 13 that this was a generic discussion, my best 14 recollection is, a generic discussion about 15 Dick and who had the proprietary rights to 16 information that had been created for and in 17 connection with the campaign. There were 18 some of us, myself included, and I think our 19 lawyer, Ms. Utrek and Peter Knight and 20 others, who felt that it was the campaign 21 that had the right to that information. My 22 recollection is that there was some concern 420 1 that the campaign was going to be subpoenaed 2 and didn't have the damn stuff and who had it 3 and where was it and what the campaign had 4 done with it. So they wanted to get it back 5 under the campaign's roof. 6 BY MR. KLAYMAN: 7 Q What was in the data that concerned 8 all of you that we're talking about, was 9 there something you wanted to hide? 10 MS. SABRIN: Objection. 11 MS. SHAPIRO: Objection, 12 mischaracterizes. 13 BY MR. KLAYMAN: 14 Q That you didn't want out? 15 A No, there's nothing to hide here. 16 Look, virtually everything that happened in 17 the campaign, especially the polling data, 18 got out, was leaked out so fast, it was like 19 a big old gusher over there at the White 20 House. There was no, you know, there was no 21 even conceivable remote attempt to think that 22 we were going to keep stuff secret. I mean, 421 1 you know, you'd have a meeting Wednesday 2 night and by 3:00 o'clock that morning Peter 3 Baker would have it ready to run on the front 4 page of The Washington Post. 5 Q Peter Baker has always had a very 6 close relationship with this White House, 7 hasn't he? 8 A Huh? 9 Q Peter Baker has always had a very 10 close relationship with this White House, 11 hasn't he? 12 A No, I wouldn't say that. I 13 wouldn't say that. 14 Q He's one of the primary ways that 15 the White House has leaked information. 16 Correct? 17 A I don't know. 18 Q Based on your experience. 19 A The White House's a grand gusher. 20 I don't, you know, you don't have to be any 21 high powered reporter to find out what's 22 going on in the White house. You just sort 422 1 of stand out, flip on CNN and it's all there. 2 I mean people -- I'm serious. People in the 3 White House, we used to turn -- I was, I was 4 Deputy Chief of Staff, right? A big shot. I 5 used to turn on old Wolf just to find out 6 what was going on in there. 7 Q It troubled you that people were 8 leaking, didn't it? 9 A Well, I did have some modest 10 problem with that. On the other hand, even 11 the most peripheral student of American 12 history, especially dealing with the White 13 House, comes to understand that White Houses 14 have leaked since George Washington and will 15 leak until, for the rest of the tenure of the 16 Republic. It's the nature of the beast, you 17 know what I mean? 18 Q Yeah. During Watergate Henry 19 Kissinger had a way of dealing with leaks. 20 You remember that? 21 A Yeah, He did a lot wiretapping, I 22 recall. 423 1 Q Right. 2 A Yeah. 3 Q Did anyone ever try to deal with 4 leaks in the Clinton White House? 5 MS. SHAPIRO: Objection as to form. 6 BY MR. KLAYMAN: 7 Q Was there ever any kind of system 8 put in to try to deal with leakage? 9 A There was leakage. There was 10 constant fussing about it. The fact is it is 11 a fact of life. It's a fact of political 12 life. We all know it. We all fuss about it. 13 There's precious little you can do about it. 14 Q You are aware that the White House 15 has surveillance systems, aren't you? 16 MS. SABRIN: Objection. 17 THE WITNESS: I don't know what 18 they have. I literally don't know. 19 BY MR. KLAYMAN: 20 Q You are aware that certain areas of 21 the White House are subject to video 22 surveillance? 424 1 MS. SABRIN: Objection. Assumes 2 facts not in evidence. 3 THE WITNESS: I have seen TV 4 monitors with uniformed Secret Service people 5 sitting in front of them. I don't know where 6 the monitors are. I don't know what areas 7 are monitored. I don't know to the extent 8 that they are monitored. 9 BY MR. KLAYMAN: 10 Q When you were working with the 11 White House, did anyone ever advise you what 12 you could say in certain areas and what you 13 couldn't say in other areas if you didn't 14 want to have it recorded by a surveillance 15 system? 16 A No. How much longer do we have? 17 Q While you were with the White House 18 did anyone ever advise you that there were 19 certain areas where you'd be videoed? 20 A No. 21 MS. SHAPIRO: Asked and answered. 22 THE WITNESS: I'll answer it again. 425 1 BY MR. KLAYMAN: 2 Q Did you ever have the impression 3 while you were working in the White House 4 that there were certain areas that would be 5 subject to video or audio surveillance? 6 MS. SABRIN: Asked and answered. 7 MR. KLAYMAN: Different question. 8 BY MR. KLAYMAN: 9 Q Can you answer, please? 10 A The answer, I didn't give any 11 thought about it. 12 Q Were you ever conscious that your 13 telephone conversations may be recorded? 14 A I just assume everything's recorded 15 in the government. The old FBI is sneaking 16 around on everybody. You know what I mean? 17 If it ain't the FBI, it's the CIA. I just 18 assume that. I don't know that as a fact. I 19 just assume everything's recorded, listened 20 to, jumbled together, slapped in an FBI file. 21 Q We can probably agree on that. You 22 want to stipulate to it? 426 1 A You have done enough to ruin my 2 reputation. You said that I called, said one 3 of your questions was a good question. You 4 know, if I start stipulating with you, do you 5 know what that's going to do to me? I 6 literally am going to have to move out of 7 town, man. I can't do. I got a lease on my 8 house, you know, a child in school. 9 Q You might have to start calling me 10 Larry. I can call you Harold. 11 A Don't, don't push it too far now, 12 Mr. Klayman. There are limits. 13 Q What leads you to believe that 14 everything's recorded? 15 A It's just my own -- 16 Q Intuition? 17 A No, my own paranoia. 18 Q Is there something in your past 19 that created that other than -- 20 A No, I'm just -- 21 Q Common sense? 22 A You just read enough, you know, 427 1 this is tapped, that's tapped, you know, and 2 Dr. Kissinger was tapping people. I mean you 3 just don't know. So let me put it this way: 4 I try to conduct myself as if everything is 5 being tapped. 6 Q You're very careful about what you 7 say. 8 A I wouldn't say that. Now, let me 9 ask you this: Do you think when I said 10 "fucking as blue" -- 11 Q Said what? 12 A When I said "fucking as blue" in 13 the White House, do you think I was being 14 careful about what I said? 15 Q I didn't even know you said that. 16 In what context did you say that? 17 MS. SABRIN: It's been the matter 18 of an extensive Senate hearing. 19 A I had to explain to the United 20 States Senate why I said that. 21 Q Let's read the next section. 22 A Just given my state of mind here, 428 1 trying to gauge the remaining reservoir of 2 strength that I have, having been pummelled 3 by you all day with little cercis, how much 4 more time do we have here? 5 Q We estimate about 50 minutes. 6 A 15? 7 Q 50. 8 A Well, that gives me a range. You 9 guys can quibble over it. At some point I'm 10 just going to walk out of here. 11 Q What else do you say in this 12 document? 13 A Okay, let me pick up. "JQ," 14 referring to presumably Quinn, "feels 15 incredibly strongly that this is bullshit." 16 Boy, he didn't care what he said in the White 17 House, did he. "they are trying to get 18 Clinton/Gore polling data by way of an 19 investigation." 20 Q Who is "they"? 21 A That's a good question. I don't 22 know who "they" was. 429 1 Q Read the next part. 2 A "P," referring to the President, 3 "doesn't want any polling data turned," I 4 think that word is "turned." 5 Q What does "turned" mean? 6 A Probably turned over to people 7 outside of the campaign. I mean campaigns, 8 as you can appreciate, Mr. Klayman, are quite 9 jealous of their polling data and really do 10 protect it. I would agree -- well, I won't 11 say that. 12 Q Read the next part. 13 A "Berman -- 14 Q Is that Eric Berman? 15 A I don't know whether it's Eric 16 Berman or Michael Berman. It's one of those 17 two Bermans, I assume. 18 Q Read it. 19 A "Berman used to practice with the - 20 Jerry McDevitt." 21 Q Who is Jerry McDevitt? 22 A I now think that he is the lawyer 430 1 in the Kirkpatrick Lockhart, Pittsburgh law 2 firm that's referred to on that same page 3 that was representing Mr. Morris at the time. 4 Q Read the rest. 5 A "Berman." 6 Q Read the rest on the page. 7 A Oh. "Jerry McDevitt - 8 Kirkpatrick/Lockhart - Pittsburgh, Berman." 9 Q Let's go on to the next page. 10 No. 3, read that. 11 A "Starr subpoena. Morris. 12 Returnable" either Tuesday or Thursday, I 13 think that's a Thursday, "9/12. Documents 14 belong to campaign." 15 Q What was the Starr subpoena about? 16 A I don't know. The only thing that 17 I can do is, and this is speculation, is he 18 maybe had a subpoena out in connection with 19 the FBI file matter that in my recollection 20 he had jurisdiction over by that time. 21 Q Was the White House trying to 22 contact the witness here? Is that what this 431 1 reflects? 2 A Not that I know of, no. 3 Q The White House was tracking who 4 was being subpoenaed by Ken Starr in the 5 Filegate matter? 6 A I think the White House was 7 probably pretty interested in who was being 8 subpoenaed. Whether they were tracking, I 9 don't know what the word "tracking" means. 10 Q Did you ever see a Starr subpoena 11 in and around this time period concerning 12 Filegate? 13 A Oh, man, I saw so many Starr 14 subpoenas I thought I was looking at the 15 constellation. The answer to your question, 16 there were a number of Starr subpoenas that I 17 saw, virtually I think all of them issued on 18 the White House. I couldn't tell you, you 19 know, once he was appointed he -- 20 Q Did you participate in responding 21 to any of those subpoenas? 22 A I participated when requested by 432 1 Ms. Sherburne. Typically, as I recall, the 2 Starr subpoenas were issued on the White 3 House and she would then send a memo around 4 to White House staff indicating that a 5 subpoena had been served, the nature of the 6 subpoena, the documents and other information 7 called for by the subpoena and asking people 8 to search their files and deliver them to her 9 people. 10 Q You know Bruce Lindsey, right? 11 A I do. 12 Q What's his position at the White 13 House? 14 A At what period of time? 15 Q At this period of time. 16 A September of -- 17 Q '96. 18 A '96, he was -- I don't know, either 19 Associate or Assistant White House Counsel. 20 I don't know what the -- but he was in the 21 White House Counsel's office at a relatively 22 high level. 433 1 Q It's your understanding that he's 2 the person who controls document production 3 at the White House in and around this time 4 period. Correct? 5 MS. SABRIN: Objection, assumes 6 facts not in evidence. 7 MS. SHAPIRO: Objection, no 8 foundation. 9 BY MR. KLAYMAN: 10 Q You can respond. He was in charge 11 of producing documents that had been 12 subpoenaed in and around -- 13 A Who, Bruce was? 14 Q Yes. 15 A I don't know where you got your 16 information. That certainly was not what my 17 understanding was. 18 Q You are aware that he participated 19 in document production with regard to 20 subpoenas from Starr, Congress and some 21 others? 22 A He was a member of the White House 434 1 Counsel's office. I think it's fair to say 2 that the White House Counsel's office was 3 involved in document production. As I've 4 said earlier, a woman by the name of, a 5 lawyer by the name of Wendy White had been 6 brought into the White House to work 7 specifically on document production. There 8 was a huge amount of documents that were 9 being subpoenaed on a consistent basis, it 10 seemed to me at least, and it wouldn't 11 surprise me whether Bruce was involved in 12 that. But my understanding was that 13 primarily it was Ms. Sherburne and her people 14 who were most deeply involved in document 15 production. 16 Q Let's read the rest of this page. 17 Pick it up where you left off. 18 A "Dick could return the material to 19 the campaign. Could be held in contempt. 20 Also would undercut DM's argument that he can 21 use this material for his book because it's 22 his material." Do you want me to go on? 435 1 Q Continue. 2 A "DM's wife told J" -- 3 Q Who is J? 4 A Good question. I don't know. -- 5 "on Sunday - phone call to JQ," meaning Jack 6 Quinn presumably "-- said if DM had anything 7 it would only be" -- it trails off. Oh, I'm 8 sorry. "Agendas from meeting." That's a 9 colon. "Agendas from meetings, polling data. 10 LU will tell McDevitt to tell Morris not to 11 turn any data over to the campaign." I think 12 that must be a mistake, but "will try to 13 persuade MC," presumably meaning McDevitt, 14 "to persuade DM," meaning Morris, "to give 15 documents back to campaign." So I think the 16 first part of that is an error. 17 Q Basically, what's the concern here 18 is that Morris was going to turn these 19 documents over to Ken Starr. Correct? 20 A I think the basic concern, as I 21 recall it, was who had the proprietary rights 22 to the information. I think it's also fair 436 1 to say that there was little confidence in 2 the White House that anything that was given 3 to Mr. Starr would not be immediately leaked. 4 We were not particularly amused to think of 5 polling data being leaked by Mr. Starr to the 6 world at large in the middle of a campaign as 7 it was drawing to its close. So I think that 8 those were the two primary concerns. 9 Q I call your attention to Bates 10 No. 0176 and 0177. 11 A Wait just a moment. 12 MR. KLAYMAN: I ask that that be 13 marked as Exhibit 12. 14 (Ickes Deposition Exhibit No. 12 15 was marked for identification.) 16 A The numbers again, Mr. Klayman? 17 Q 0176-0177. 18 A That's a document that begins at 19 the top "Memorandum for Terry Good, director 20 of Records Management"? 21 Q Yes. 22 A Okay, I got it. 437 1 Q This is a document which you 2 produced as well. Correct? 3 A Yeah, this came out of this -- 4 Q Have you seen this document before? 5 A I have no recollection of seeing it 6 before. 7 Q What does it relate to? 8 A I think it speaks for itself. I 9 didn't write it. I don't think I've seen it 10 before. So you're as good a judge of what it 11 relates to as I am. 12 Q Turn to the second page. 13 A Okay. 14 Q "Tom Taggart, Jr.," am I reading 15 that correctly at the bottom, "12/27/95"? 16 A I'm not a handwriting expert. 17 Q Do you know Tom Taggart? 18 A I don't. It doesn't ring a bell 19 with me. 20 Q Can you read the handwriting? 21 A Not particularly. Why don't you 22 give it a shot. 438 1 Q Have you ever read this before? 2 A Asked and answered. 3 Q I'm going to show you just for 4 purposes of identification the stack of 5 documents that you produced here today. 6 A Isn't that the stack that your 7 assistant brought over here? 8 Q Yes, it is. 9 A Okay. 10 Q I just want to confirm on the 11 record, your counsel can do it if it's 12 appropriate, that what you produced are 13 documents numbered JW 0001 through and 14 including JW 452. 15 MS. SABRIN: I will, as I said in 16 the letter to you that came with the 17 documents, that is the breadth of the 18 numbering system. There are a small number 19 of documents within those numbers for which 20 the White House has informed us that it has 21 asserted privilege because, and they are 22 identical, excuse me, they are identical to 439 1 the documents already identified on the 2 privilege log submitted to you by the White 3 House. We've advised you of what those 4 document numbers are within that Bates range 5 that you just mentioned. So with those few 6 exceptions, those numbers are correct, yes. 7 MR. KLAYMAN: Are there any 8 documents that Mr. Ickes withheld in his 9 personal capacity under claim of privilege? 10 MS. SABRIN: No. 11 MR. KLAYMAN: In terms of the 12 totality of plaintiffs' subpoena and the 13 response? 14 MS. SABRIN: In terms of the 15 totality, I will say that, again, we objected 16 to certain of your requests and we're not 17 producing any documents responsive to that 18 and we've reserved our right, should you move 19 to compel and we lose that battle if we 20 discover privileged documents in those groups 21 to claim privilege and, again, we are 22 producing these documents voluntarily because 440 1 Mr. Ickes was not properly served. But today 2 we are not asserting any personal claims of 3 privilege. 4 BY MR. KLAYMAN: 5 Q Let's look at the document JW 001, 6 Mr. Ickes. Certain things are underlined in 7 that document. 8 A Yes. 9 Q Is that your underlining? 10 A It certainly appears to be. 11 Q Now, is it your practice to 12 underline things when you read press reports 13 that you consider to be important? 14 A Sometimes I do. Sometimes I don't. 15 It depends how much of a hurry I'm in. 16 Q You wouldn't underline anything 17 that wasn't important though, would you? 18 A What? 19 Q You don't underline things that 20 aren't important, do you? 21 A Well, sometimes I do. I think it 22 depends upon what you call important. You 441 1 and I may disagree on that. 2 Q What's your modus operandi for 3 underlying things, if you want to highlight 4 it so you can get back to it because you 5 consider it to be important? 6 A It varies. It depends. Sometimes 7 I highlight it because I want to find it 8 again, and sometimes I just do it out of 9 habit, you know, just draw lines as you're 10 reading. But I think it's fair to say that 11 the things that I underline I consider either 12 important or of interest. They don't 13 necessarily coincide. 14 Q Now, these documents, particularly 15 with regard to the press clips, they were 16 kept and maintained at the time in and around 17 the press clip date? In other words if you 18 have a press clip that says Sunday 19 July 14th, 1996, in all likelihood this 20 document would have come into your possession 21 around that time period? 22 A Yes. I am a notorious reader of 442 1 back newspapers because in my view the news 2 is not news until I've read it. 3 Q Is there anybody at the White House 4 who used to clip newspapers for you? 5 A No, I clipped all my own 6 newspapers. 7 Q What kind of newspapers did you 8 review each day? 9 A Well, I could give you a smart ass 10 answer, but since it's getting towards the 11 end of the day, I typically read The New York 12 Times, The Washington Post, Wall Street 13 Journal. But in the White House, as you by 14 now probably know, we had news clips that 15 were provided to the senior staff early in 16 the morning. So I would typically read the 17 news clips and leaf through them and 18 sometimes just pull them out. They included 19 a lot of different papers depending upon the 20 news of the day and what was going on. They 21 could include papers, some regional papers 22 and local papers. But typically I looked at 443 1 The Washington Post, New York Times, Wall 2 Street Journal. But sometimes I read them a 3 week late. 4 Q You kept things that you considered 5 to be important that you'd need perhaps later 6 to have. 7 A I kept things that I thought I 8 might want to refer back to. 9 Q Turn to document No. 0018. 10 A 0018? 11 Q Yes. 12 A Hang on. 13 Q See that document? 14 A Just bear with me. You're a lot 15 faster than I am. Oh, the loop. Yes. The 16 gossip sheet. 17 Q See where it says "Stephanopoulos," 18 you underlined that, "who has worked with 19 Livingstone since Clinton's Presidential 20 campaign, gives him high marks. He does a 21 terrific job"? 22 A Underline, you mean there's a 444 1 bracket by it. 2 Q Yeah. 3 MS. SABRIN: Excuse me, 4 Mr. Klayman. I think you said 0108. 5 MR. KLAYMAN: I said 0018. 6 MS. SABRIN: Oh, he's looking at 7 the wrong document. 8 A Oh, 0018. Yes, I see that. 9 Q Do you see where you bracketed 10 that? 11 A Yes. 12 Q You bracketed that because you 13 considered this to be important. Correct? 14 A Either important or amusing. 15 Q Now, you did have information that 16 Stephanopoulos -- 17 A It struck me that George was given 18 to hyperbole. 19 Q What struck you about that as 20 giving George to hyperbole? 21 A Oh, I don't know. Sometimes George 22 gets carried away with himself. In any 445 1 event -- 2 Q Did you have any information that 3 Stephanopoulos had worked with Livingstone 4 such that he could give him high marks for 5 his job? 6 A I don't know what George's 7 relationship with Mr. Livingstone was. 8 Q But it concerned you that 9 Stephanopoulos was being quoted as having 10 given Livingstone high marks. Correct? 11 A It either concerned me or amused 12 me, I don't know which. Probably the latter. 13 Q This was in and around 14 May 22nd, 1994. Correct? 15 A Wait a minute. Yes. That's the 16 date on the piece of paper. 17 Q Before the scandal broke. 18 A Yes. 19 Q You were concerned in and around 20 May 22nd, 1994 that Stephanopoulos reportedly 21 had given Livingstone high marks. 22 A I was either concerned or amused 446 1 but as I've testified twice, probably the 2 latter; amused, not concerned. 3 Q The reason you were concerned about 4 this, or amused, is because you knew Filegate 5 was on the horizon. Right? 6 MS. SABRIN: Objection, assumes 7 facts not in evidence. 8 THE WITNESS: Right, I had no idea 9 where Filegate was at that point. It may 10 have been on the horizon, it may not. This 11 happened '94, '95, we're up 12 to '95, '96, '97, '98. This happened almost 13 to the day, in fact, tomorrow will be to the 14 day, four years ago. Now if you think that I 15 can remember what I was thinking and feeling 16 four years ago -- but you know, I'm just 17 thinking about this. Livingstone, wasn't he 18 the guy that was carrying, allegedly carrying 19 out boxes in connection with Vince Foster, 20 too? For some reason I think that. I don't 21 know why. 22 BY MR. KLAYMAN: 447 1 Q Would you turn to document 0043. 2 A 0043, okay. 3 Q The Star piece, "My White House 4 Love Diaries"? 5 A Yes. 6 Q Why did you clip this article? 7 A I typically clipped articles that I 8 thought would be the source of discussion. 9 It was clear to me that this might possibly 10 be the source of discussion, so I clipped it. 11 Q Turn to document 0050. 12 A 50, okay. 13 Q Do you see the top page, it says, 14 "Brooke's Diner Diet lose 30 pounds in four 15 weeks"? 16 A Yeah, I was really interested in 17 that. Actually I wanted to find out what 18 diet she was on. 19 MS. SABRIN: Concerned about your 20 weight, Harold? 21 THE WITNESS: Yeah. I'm pretty 22 sure that was one of the reasons I clipped 448 1 this particular article. 2 BY MR. KLAYMAN: 3 Q What's the notation Karen Harcox on 4 there? 5 A What page are you looking at? 6 Q That page, 0050. 7 A Oh, Karen Hancocks. That's not my 8 handwriting. 9 Q Who is Karen Hancocks? 10 A Karen Hancocks at that time was the 11 Deputy Political Director who reported to 12 Doug Soznik in the White House. 13 Q Whose handwriting is that? 14 A I don't know. 15 Q Why was her name written down here? 16 A You'd have to ask the person who 17 wrote it. 18 Q The reason you clipped it was not 19 because of Brooke Shields but because of the 20 White House call girl scandal. Right? 21 A You really know how to zero in on 22 the issue. I got to hand it to you, 449 1 Mr. Klayman. You don't cut anybody any 2 slack. 3 MS. SABRIN: Or did you think it 4 was a prime example of excellent journalism? 5 THE WITNESS: Well, that, you know, 6 the Pulitzer was always -- 7 BY MR. KLAYMAN: 8 Q Turn to Page 0059. 9 A Wait a minute. 0059? 10 Q Yeah. 11 A Wait a minute. I'm there. 12 Q "Morris versus Clinton." 13 A Yes. 14 Q Is that your handwriting on the 15 left? 16 A It is not. 17 Q Do you know whose it is? 18 A No. 19 MS. SABRIN: Are we making these 20 exhibits, Mr. Klayman, the ones that you are 21 asking questions about? 22 MR. KLAYMAN: Well, I identified 450 1 them. I mean I don't think it's necessary. 2 They are identified. 3 MS. SABRIN: Then I want to state 4 for the record, we're assuming that these, 5 and I have no reason to believe that they're 6 not, but I just want to make clear that we're 7 assuming that these are accurate copies of 8 the documents we produced. 9 MR. KLAYMAN: To the best of my 10 knowledge. 11 BY MR. KLAYMAN: 12 Q Can you turn to document 0137. Do 13 you know whose handwriting is on the left? 14 A Just a moment. Let me get there 15 first. 37? 16 Q 0137. 17 A Yes. It says "Harold Ickes from 18 Jane Sherburne." The only thing I would 19 conclude from that is that it is from 20 Ms. Sherburne. But it could have been 21 somebody working for Jane that wrote that, I 22 don't know.
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