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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