0351 1 tell when you get off and get on. It's just that 2 it's 20 minutes fast. 3 MR. HANSEN: Well, I think, actually, the 4 clock that strikes 13 -- 5 MR. KLAYMAN: I think you're probably 6 good enough at math that you can make the 7 calculation. 8 MR. HANSEN: Well, Mr. Klayman, I may or 9 may not be good enough at -- please go ahead and 10 ask your questions of Mr. Lenzner. 11 MR. KLAYMAN: Did Mr. Gaffney say that we 12 could begin without him? 13 MS. ELWOOD: Yes, he did. 14 BY MR. KLAYMAN: 15 Q. Thank you. Have you ever discussed your 16 work on behalf of the Clinton Administration with 17 Charles Ruff? 18 MR. HANSEN: Objection to the form of the 19 question. No foundation for "work on behalf of 20 work of Clinton Administration." Misstatement of 21 prior testimony. 22 BY MR. KLAYMAN:
0352 1 Q. Have you been retained to do work on the 2 Paula Corbin Jones matter? 3 MR. HANSEN: Objection to the question. 4 Privileged instruction as previously given. 5 BY MR. KLAYMAN: 6 Q. Will you answer that? 7 A. No. 8 MR. KLAYMAN: Certify it. 9 BY MR. KLAYMAN: 10 Q. Have you researched, Mr. Lenzner, whether 11 or not White House counsel may under the law 12 participate in a matter concerning Paula Corbin 13 Jones? 14 MR. HANSEN: You can answer that yes or 15 no. 16 THE WITNESS: I haven't had the slightest 17 idea. 18 MR. KLAYMAN: Let the record reflect 19 Ms. Paxton is laughing. 20 MS. GILES: Objection to the 21 characterization of Ms. Paxton's reactions. 22 BY MR. KLAYMAN:
0353 1 Q. Have you had any discussions with regard 2 to your retention at Williams & Connolly or 3 Skadden & Arps with Harold Ickes? 4 MR. HANSEN: Objection, privileged 5 instruction previously given. You can answer if 6 to do so would not breach a privilege. 7 THE WITNESS: I can't remember a 8 conversation with Harold Ickes relating to those 9 two retentions. 10 BY MR. KLAYMAN: 11 Q. Bruce Lindsey? 12 A. Never met the man. 13 Q. Rahm Emanuel? 14 A. Never met the man. 15 MR. HANSEN: This has all been asked and 16 answered, Mr. Klayman. I think you're back -- 17 MR. KLAYMAN: Not this particular 18 question. 19 MR. HANSEN: I think you asked him if he 20 ever talked to any of those people. 21 BY MR. KLAYMAN: 22 Q. Have you ever met Vince Foster?
0354 1 MR. HANSEN: Wait a second. My objection 2 is you've already asked Mr. Lenzner late on 3 Friday whether he's ever met any of those people. 4 I believe it's properly stated to say that 5 they've been asked and answered -- 6 MR. KLAYMAN: I didn't ask whether he met 7 him. 8 MR. HANSEN: I'm sorry. 9 MR. KLAYMAN: I didn't ask whether he met 10 him. The question -- 11 MR. HANSEN: Is it your position you 12 never asked him whether he ever spoke with 13 Rahm Emanuel? 14 MR. KLAYMAN: What the question was -- 15 MR. HANSEN: Wait a minute -- 16 MR. KLAYMAN: Specific conducts -- please 17 let me ask my question, Mr. Hansen. 18 MR. HANSEN: Okay. 19 MR. KLAYMAN: I know you're trying to run 20 the clock out, but please don't -- 21 MR. HANSEN: No. Mr. Klayman, I'm 22 just -- I'd like to follow-up. If you're saying
0355 1 there's no question previously about whether 2 Mr. Lenzner ever met Rahm Emanuel, I'd like you 3 to say that clearly because I recall that there 4 was such a question. 5 MR. KLAYMAN: No, there was a question 6 but not this question. Not this question. 7 MR. HANSEN: Whether he's already told 8 you -- 9 MR. KLAYMAN: Don't waist my time. 10 MR. HANSEN: Wait a second. If he's 11 already told you that he's never met Rahm 12 Emanuel, how can you then ask him whether he met 13 Rahm Emanuel in the context of his work for 14 William & Donnolly? 15 MR. KLAYMAN: This is meeting anybody, 16 you can talk on the phone. 17 MR. HANSEN: That's not true. 18 BY MR. KLAYMAN: 19 Q. Mr. Lenzner, have you discussed with 20 Rahm Emanuel your retention by Williams & 21 Connolly or Skadden & Arps? 22 A. No.0356 1 Q. Same question with regard to 2 Nathan Landau? 3 A. No. 4 Q. Do you know Nathan Landau? 5 A. No. 6 Q. Peter Knight? 7 A. I don't know Mr. Knight, no. 8 Q. Have you ever had any conversation with 9 him? 10 A. No. 11 Q. Have you ever had any conversations with 12 Mr. Richard Benevista? 13 A. Ever? 14 Q. Yes. 15 A. Yes. 16 Q. Have you ever discussed a retention by 17 Williams & Connolly or Skadden & Arps with 18 Richard Benevista? 19 A. No. 20 Q. Have you ever discussed any matter 21 concerning FBI files with Mr. Richard Benevista? 22 A. No.
0357 1 Q. Have you ever worked with 2 Richard Benevista? 3 A. Certainly we worked together during 4 Watergate. I mean, he was with the special 5 prosecutor and I was with the Senate Watergate 6 committee. But have we subsequently worked 7 together? It's possible that he retained us on a 8 matter -- yes, he did retain us on a matter. It 9 was some years ago. 10 Q. Richard Benevista? 11 A. Yes. 12 Q. Not related to the Clinton 13 Administration? 14 A. No, completed unrelated. 15 Q. Have you ever had any conversations with 16 him about any scandals in the Clinton 17 Administration or controversies? However you 18 want to call it. 19 A. I'm sure that I saw him at some functions 20 at some law firms we both happened to attend, and 21 he talked about what it was like to be on the 22 Senate Committee that he was then, I think,
0358 1 minority counsel to. 2 Q. Have you ever worked by or on behalf of 3 Senator Fred Thompson? 4 MR. HANSEN: Privileged objection 5 previously stated. Same instruction. 6 BY MR. KLAYMAN: 7 Q. You can respond. 8 A. Have I ever worked by or on behalf of 9 Senator Thompson? I worked with Senator Thompson 10 during Watergate. 11 Q. Well, has he or any person or entity that 12 he's associated with ever retained you to do 13 anything? 14 MR. HANSEN: Privileged instruction as 15 previously given. Answer if you can do so 16 without preaching the privilege. 17 THE WITNESS: You mean his law firm? 18 BY MR. KLAYMAN: 19 Q. His law firm or during the period that 20 he's been in the Senate? 21 A. I, actually, talked to him at one time 22 about having us assist his investigation but
0359 1 nothing ever came of it. 2 Q. Was that before or after you were noticed 3 as a witness in that investigation? You mean the 4 campaign finance? 5 A. It was before. 6 Q. And that was seriously considered by the 7 staff? 8 MR. HANSEN: Objection to what the staff 9 seriously considered. 10 BY MR. KLAYMAN: 11 Q. If you know. 12 A. I don't know. I know it didn't happen. 13 Q. Did you ever work for Senator Thompson's 14 law firm? 15 A. That's what I was trying to remember, 16 and -- 17 MR. GAFFNEY: Is there any possible 18 relevance to this line of questioning, 19 Mr. Klayman? 20 MR. KLAYMAN: Discovery is that which may 21 lead to relevant -- it may lead us to witnesses 22 and people we can talk to about Mr. Lenzner.
0360 1 MR. GAFFNEY: I would note that I find 2 your objections to the length of the deposition 3 or the insufficient length in your view pretty 4 difficult to swallow in light of this line of 5 questioning. 6 MR. KLAYMAN: Well, don't swallow then. 7 THE WITNESS: The question was did we 8 ever work for his law firm? I can't remember. I 9 know he's been in our -- he's been in my law firm 10 for a social occasion, but I don't remember any 11 specific -- 12 BY MR. KLAYMAN: 13 Q. What was his law firm? Do you know what 14 it is? 15 A. I don't know the name of it. He was with 16 Howard Baker's firm for a while. And then I 17 think he went off -- after his movie career, I 18 think he came back. 19 Q. Have you ever done any work for that 20 firm? 21 A. I'd have to go -- 22 Q. You may have?
0361 1 A. I may have. I'd have to check the files. 2 Q. Have you been asked or retained to 3 investigate a Wall Street Journal reporter by the 4 name of John Fund? 5 MR. HANSEN: Let me direct you previously 6 with respect to privileges. If you can answer 7 the question without breaching privileged 8 information as previously defined, please do so. 9 THE WITNESS: Can you tell me that name 10 again? 11 BY MR. KLAYMAN: 12 Q. John Fund, F U N D? 13 A. No. 14 Q. Have you been -- do you know of anyone 15 who has? 16 A. No. 17 Q. Mr. Pellicano or Mr. Palladino? 18 A. No. I've never heard that name before. 19 Q. Have you been approached or retained to 20 investigate Chris Matthews? 21 MR. HANSEN: Same privilege objection and 22 same instruction.
0362 1 BY MR. KLAYMAN: 2 Q. From Hardball? 3 A. No. 4 Q. Have you been approached or retained to 5 investigate a Lucianne Goldberg? 6 MR. HANSEN: Same privilege objection. 7 Same instruction. 8 THE WITNESS: No. 9 BY MR. KLAYMAN: 10 Q. Have you been approached or retained to 11 investigate a Sherry Kelly Densick? 12 A. I've never heard of her. 13 Q. Kathleen Willey? 14 A. No. 15 Q. Linda Tripp? 16 MR. HANSEN: Same privileged objections. 17 Same instruction. 18 THE WITNESS: I will accept my 19 instruction on that. 20 MR. KLAYMAN: Certify it. 21 BY MR. KLAYMAN: 22 Q. Kelly Anne Fitzpatrick?
0363 1 A. No. 2 Q. Any Federal prosecutor? 3 MR. HANSEN: Same privileged instruction. 4 BY MR. KLAYMAN: 5 Q. Or Independent Counsel? 6 MR. HANSEN: Same privileged instruction 7 and -- your question is as to any point in time 8 throughout his career? 9 MR. KLAYMAN: Correct. 10 MR. HANSEN: Same privileged instruction. 11 Same objection. 12 THE WITNESS: I accept the instruction. 13 MR. KLAYMAN: Certify it. 14 BY MR. KLAYMAN: 15 Q. Michael Emmett? 16 MR. HANSEN: Same privileged instruction. 17 Objection. 18 THE WITNESS: Same answer. 19 BY MR. KLAYMAN: 20 Q. Bruce Udolf? 21 MR. HANSEN: Same privileged instruction 22 and objection.
0364 1 THE WITNESS: Same answer. 2 BY MR. KLAYMAN: 3 Q. Larry Klayman? 4 A. I didn't know you worked for the 5 office -- 6 Q. No, I'm in a different category now. 7 A. No. 8 Q. Any other entity that has brought 9 lawsuits against or concerning the Clinton 10 Administration? 11 MR. HANSEN: Objection as unintelligible 12 and same privileged objection and instruction. 13 THE WITNESS: I'll accept that 14 instruction particularly the one about 15 unintelligible. 16 MR. KLAYMAN: Certify it. 17 BY MR. KLAYMAN: 18 Q. Judicial Watch? 19 A. No. 20 Q. Landmark Legal Foundation? 21 MR. HANSEN: Same privileged objection, 22 same instruction.
0365 1 THE WITNESS: I'll accept instruction. 2 MR. KLAYMAN: Certify it. 3 BY MR. KLAYMAN: 4 Q. Christine Colition? 5 MR. HANSEN: Same privileged instruction 6 and objection. 7 THE WITNESS: Accepting -- same answer. 8 BY MR. KLAYMAN: 9 Q. Pat Robertson? 10 MR. HANSEN: Same -- Mr. Klayman, let me 11 just say this. If you're going to play a game of 12 20 questions as to who he has and hasn't 13 investigated, it's completely improper. It's all 14 privileged and proprietary business information. 15 MR. KLAYMAN: Some he's answering and 16 some he's not. I have to ask the question. 17 BY MR. KLAYMAN: 18 Q. Pat Robertson? 19 MR. HANSEN: I'm objecting and 20 instructing him not to. 21 THE WITNESS: Same answer. 22 BY MR. KLAYMAN:
0366 1 Q. Jerry Fallwell? 2 MR. HANSEN: Same privileged objection. 3 THE WITNESS: Same answer. 4 BY MR. KLAYMAN: 5 Q. Have you ever worked for Ted Kennedy? 6 MR. HANSEN: Privileged instruction and 7 objection. 8 THE WITNESS: I think it's a matter of 9 public record that we were retained by Senator 10 Kennedy's lawyer during his last election. 11 BY MR. KLAYMAN: 12 Q. Are you currently retained by him? 13 MR. HANSEN: Privilege instruction and 14 objection. 15 THE WITNESS: No. 16 BY MR. KLAYMAN: 17 Q. Isn't it true that you were hired at one 18 time by Mickey Cantor to investigate reporters? 19 MR. HANSEN: Objection, argumentative. 20 BY MR. KLAYMAN: 21 Q. Especially at The New York Times? 22 MR. HANSEN: Objection -- same objection,
0367 1 argumentative. Misstates the evidence, no 2 foundation, and with respect to trying to 3 continue to ask questions that delve into 4 proprietary information, privileged information, 5 I give you the same instruction. 6 Answer this one and then we'll call it. 7 THE WITNESS: Okay. No. 8 BY MR. KLAYMAN: 9 Q. Have you ever been sued, Mr. Lenzner? 10 MR. HANSEN: Let me just object and ask 11 you to tell me what conceivable relevance 12 Mr. Lenzner's private lawsuits have -- 13 BY MR. KLAYMAN: 14 Q. I think nobody will understand that 15 better than Mr. Lenzner. Please answer. 16 A. Have I personally ever been sued? Has my 17 company? 18 Q. Well, let's start with you personally. 19 A. No, not to my recollection. 20 Q. Has your company ever been sued? 21 A. Never. 22 Q. Have you ever been named in a lawsuit as
0368 1 a defendant? 2 MR. HANSEN: Mr. Klayman -- 3 MR. KLAYMAN: It's another way of 4 putting. 5 MR. HANSEN: How is that not the same 6 exact question at 4:30 at the end of this very 7 long deposition? 8 BY MR. KLAYMAN: 9 Q. Have you been named in a lawsuit? 10 MR. HANSEN: Objection, asked and 11 answered. 12 MR. KLAYMAN: All right. Fine. Certify 13 it. 14 BY MR. KLAYMAN: 15 Q. Have you ever been named in a complaint 16 but not named as the defendant? In other words, 17 mentioned in the complaint but not named as a 18 defendant? 19 A. We have sued people who failed to pay 20 their bills. 21 Q. Are you having any lawsuits that are 22 currently pending?
0369 1 A. I think the only one that's currently 2 pending is a case involving -- God, what's the 3 name of that company? I can't remember the name 4 of the company. It's been going on for three or 5 four years. They paid the first bill and then it 6 was a hostile takeover case and then they failed 7 to pay the rest. And I can't remember the name 8 of the company, but I'd be happen to -- I'd be 9 happen to send you the name of that style, the 10 style of that case. I believe it was 11 Investigative Group versus -- I can't remember 12 the company. 13 Q. Thank you. Have you ever been convicted 14 of a crime? 15 A. No. 16 Q. Has anyone in your organization? 17 A. No. 18 Q. Currently? Anyone who has ever worked 19 for IGI? 20 A. No. 21 Q. Have you ever been suspended from the 22 practice of being a private investigator?
0370 1 A. No. 2 Q. Disciplined in any way? 3 A. No. 4 Q. You worked for a Kevin White, did you 5 not, it's been reported, mayor of Boston? 6 MR. HANSEN: Objection, that's 7 privileged -- objection. And instruction unless 8 you can answer the question without divulging 9 privileged information. 10 BY MR. KLAYMAN: 11 Q. Well, it's been reported. 12 A. It has been reported, and, yes, I was 13 retained by that mayor. 14 Q. And what did you do for Kevin White? 15 A. He was having significant racial problems 16 in the city of Boston, and he felt that the 17 police department was not responding adequately 18 to the problems of minorities in the city. And 19 there was a series of attacks on minority 20 residents of Mary Ellen McCormick housing 21 project, and we -- and the police had been in and 22 unsuccessfully -- we had two investigators go
0371 1 live in the project. We were able to identify 2 the assailants. The witnesses did not want to 3 testify because of fear of retaliation, so we 4 brought a lawsuit under the Fair Housing Act 5 seeking a Federal temporary restraining order and 6 successfully deterred the continuation of the 7 rocks through the window and the fire bombs and 8 et cetera, et cetera. 9 Thereafter, he asked me to form a racial 10 commission, which was -- which I did. And it was 11 made up of Cardinal Maderas, that chairman of the 12 Boston globe, the chairman of the First 13 National -- of the Bank of Boston and the mayor. 14 And we put together a coalition of various 15 businesses and tried to have events and 16 activities that would reduce the tension, spread 17 economic benefits to different parts of the city 18 that hadn't benefitted from them, and, generally, 19 tried to bring more peace to the city of Boston. 20 And then there was a lawsuit brought by 21 the NAACP over the firing under the proposition 22 that reduced the budget that the police and fire0372 1 department under state law were firing under the 2 state law of the last people hired, which were 3 minorities because of the -- they were both under 4 court order to hire more minorities, and I was 5 asked to argue in the court the lawsuit brought 6 by the Union and the NAACP under the 7 interpretation of the state statute. 8 Q. Isn't it true that you investigated the 9 Department of Justice for Kevin White? Your 10 investigation concerned the Department of 11 Justice, and that's been reported? 12 A. That's not accurate. 13 Q. How is that not accurate? 14 A. I represented the mayor in a specific 15 incident that he was under investigation on, but 16 it had nothing to do with an investigation of the 17 Department of Justice. 18 Q. Weren't you looking into leaks from the 19 Department of Justice? 20 A. I wasn't looking into leaks for the 21 Department of Justice. Other people may have 22 been. There were, we thought, leaks from the
0373 1 Department. 2 Q. Who was looking into the leaks from the 3 Department of Justice? 4 A. I have no idea. 5 Q. Have you ever heard of a document that 6 was prepared by the White House called the 7 Conspiracy Stream of Commerce, a document which 8 sought to portray a right wing media conspiracy 9 against the White House? 10 A. No. 11 Q. Are you aware that the White House takes 12 the position that there is such a right wing 13 media food chain conspiracy? 14 MR. HANSEN: Objection, assumes a fact 15 not in evidence. No foundation. 16 THE WITNESS: I believe I've read quotes 17 people who had said things about a right wing 18 conspiracy. 19 BY MR. KLAYMAN: 20 Q. Have you been involved in that yourself? 21 A. No, I'm part of the left wing conspiracy. 22 Q. No, I understand that, you're left wing.
0374 1 We've figured that one out. Thank you. 2 But have you been involved in formulating 3 that believe by or on behalf of the White House? 4 A. I have not been involved in it. I take 5 issue, by the way, with your last comment because 6 the chart that was published in Newsweek which 7 referred to that so-called left wing conspiracy 8 included Ray Kelly, who was police commissioner 9 of New York, and certainly is not a left wing 10 person. 11 Larry Potts, 27 years with the FBI, he 12 certainly is not a left wing person. Talbotts is 13 not a left wing person in my judgment, and I'm 14 not. 15 Q. You just said you were? 16 A. That was supposed to be a joking 17 reference to the Newsweek article which I thought 18 was humorous when I read it. 19 Q. Well, you're certainly not right wing, 20 are you? 21 A. I consider myself nonpartisan and 22 independent.
0375 1 Q. Have you ever been asked to investigate 2 anyone associated with the American Spectator 3 Magazine? 4 MR. HANSEN: Objection. Privileged 5 instruction -- privileged objection, privileged 6 instruction previously given. If you can answer 7 that question without -- 8 BY MR. KLAYMAN: 9 Q. You can respond -- 10 MR. HANSEN: If you can answer the 11 question without breaching privileges, please do 12 so. I was not finished, Mr. Klayman. 13 THE WITNESS: I believe that would breach 14 the privilege. 15 BY MR. KLAYMAN: 16 Q. National Review? 17 MR. HANSEN: Same privileged objection. 18 Same instruction. 19 THE WITNESS: I believe that would breach 20 a privilege. 21 MR. KLAYMAN: Certify it. 22 BY MR. KLAYMAN:
0376 1 Q. The Weekly Standard? 2 MR. HANSEN: Same privileged objection, 3 privileged instruction. 4 MR. KLAYMAN: Certify it. 5 BY MR. KLAYMAN: 6 Q. Susan Schmidt of The Washington Post? 7 MR. HANSEN: I think you've previously 8 asked Mr. Lenzner specifically about whether he's 9 ever investigated any journalists, period. 10 MR. KLAYMAN: Well, that's a nice way of 11 telling him how to answer. 12 MR. HANSEN: I'm not telling him how to 13 answer. 14 MR. KLAYMAN: It's cute. 15 MR. HANSEN: I'm telling him it's an 16 abusive question to get an answer and then to 17 repeat the question. 18 BY MR. KLAYMAN: 19 Q. You can answer. 20 THE WITNESS: Should I answer it? 21 MR. HANSEN: Sure. 22 THE WITNESS: No.
0377 1 BY MR. KLAYMAN: 2 Q. Are you aware that Williams & Connolly's 3 client is The Washington Post? 4 A. Yes. 5 Q. Have you ever investigated anyone from 6 Insight Magazine? 7 MR. HANSEN: Privileged objection, 8 privileged instruction. 9 THE WITNESS: I'm not sure I could answer 10 it even if -- 11 BY MR. KLAYMAN: 12 Q. Someone by The Washington Times? 13 A. No. I'll accept the instruction because 14 I don't even know -- I don't even know who writes 15 for it so I couldn't possibly -- 16 Q. Have you ever been asked to investigate 17 anyone from The Washington Times? 18 A. I used to subscribe to it. 19 Q. Well, that's not an investigation. 20 MR. HANSEN: I'm going to give the same 21 privileged instruction. 22 BY MR. KLAYMAN:0378 1 Q. Are you going to answer the question? 2 A. No. 3 MR. HANSEN: Let me just get my objection 4 on the record so we're clear. Privileged 5 objection and privileged instruction with respect 6 to what Mr. Lenzner investigates for his clients 7 or does as an attorney for his clients. 8 BY MR. KLAYMAN: 9 Q. Have you ever been asked to investigate 10 anyone from The Wall Street Journal? 11 MR. HANSEN: Objection, asked and 12 answered. Previous privileged objection, 13 privileged instruction. 14 THE WITNESS: Accept my instructions. 15 MR. KLAYMAN: Certify it. 16 BY MR. KLAYMAN: 17 Q. Investor's Business Daily? 18 MR. HANSEN: Privileged -- I mean, some 19 of these publications Mr. Lenzner may not even 20 know what they are. So you might be able to 21 establish your foundation before you ask the 22 question.
0379 1 MR. KLAYMAN: Well, that's not a nice way 2 of telling him how to answer it. Thank you, 3 Mr. Hansen. Certify it. 4 MR. HANSEN: I'm not asking anybody to 5 tell anybody how to do anything, Mr. Klayman. I 6 think you need to establish a foundation. 7 BY MR. KLAYMAN: 8 Q. Can you respond? 9 A. I don't believe I've ever seen that 10 magazine nor do I know who writes for it. 11 Q. Time Magazine? 12 MR. HANSEN: Privileged instruction, 13 privileged objection. 14 MR. KLAYMAN: Certify it. 15 BY MR. KLAYMAN: 16 Q. Newsweek Magazine? 17 MR. HANSEN: Privileged objection, 18 privileged instruction. 19 MR. KLAYMAN: Certify it. 20 BY MR. KLAYMAN: 21 Q. U.S. News and World Report? 22 MR. HANSEN: Same objection.
0380 1 MR. GAFFNEY: Any particular relevance to 2 this line of questioning? 3 MR. KLAYMAN: I don't have to describe it 4 to Mr. Gaffney. He can respond. 5 THE WITNESS: I will say this just so we 6 avoid -- 7 BY MR. KLAYMAN: 8 Q. Are you going to answer for U.S. News and 9 World Report? 10 A. I would say this in answer to the -- 11 Q. Just answer the question. 12 MR. HANSEN: Don't cut the witness off, 13 Mr. Klayman. 14 MR. KLAYMAN: You're cutting me off. 15 MR. HANSEN: Mr. Lenzner is entitled to 16 his answer, Mr. Klayman, and if you don't let him 17 answer we're going to suspend the deposition and 18 go to see Judge Lambert immediately. Please 19 finish your answer, Mr. Lenzner. 20 BY MR. KLAYMAN: 21 Q. Calls for a yes or no. 22 MR. HANSEN: Please answer -- please
0381 1 finish your answer, Mr. Lenzner. 2 THE WITNESS: With regard to the last 3 several questions that were asked in anticipation 4 of then being clipped and put on a show to 5 suggest that we by implication have investigated 6 news magazines like Time and Newsweek and U.S. 7 News and World Report, I will repeat that we have 8 not conducted investigations of any reporters 9 relevant to this matter. 10 BY MR. KLAYMAN: 11 Q. Relevant to this matter? 12 A. That's correct. 13 Q. But not generally? 14 A. I'm not going to go beyond by statement 15 except to say -- so there's no misleading 16 interpretation of the questions you asked and the 17 privilege that was exercised. I don't want this 18 tape to be shown to suggest that by refusing to 19 answer those questions under the privilege we 20 have, in fact, conducted such an inquiry. So the 21 answers we have not conducted such an inquiry and 22 I want that on the tape, and I hope it's played
0382 1 consistent -- 2 Q. What do you mean my "relevant"? You mean 3 the Filegate matter? 4 A. I would include a broad spectrum of -- I 5 would go back to the statement issued by my 6 clients -- 7 Q. What exhibit is that? 8 A. And affirm that -- 9 MS. ELWOOD: Five. 10 MR. HANSEN: Five. 11 THE WITNESS: And affirm the accuracy of 12 the quote, we have not investigated and are not 13 investigating prosecutors, investigators, or 14 members of the press. 15 BY MR. KLAYMAN: 16 Q. So what you're saying is in the context 17 of this press release, the matters discussed in 18 this press release, you have not investigated 19 members of the press? 20 A. I am saying that that statement is an 21 accurate statement. 22 Q. Terry Lenzner, IGI, has not investigated
0383 1 members of the press as set forth in Exhibit 5? 2 A. As set forth in the context of that 3 entire document relating to our work on behalf of 4 both Messrs. Bennett and Mr. Kendall. 5 Q. But you have investigated members of the 6 press in other contexts, correct? 7 A. I am not going beyond the statement. I 8 think that's the only relevant issue at issue 9 here. 10 MR. KLAYMAN: Certify it. 11 BY MR. KLAYMAN: 12 Q. Have you ever heard of a Charley Trie? 13 A. Yes. 14 Q. Have you ever met Charley Trie? 15 A. No. 16 Q. You were retained, were you not, to 17 investigate matters with regard to Democratic 18 fund raising? 19 MR. HANSEN: Objection, asked and 20 answered. 21 BY MR. KLAYMAN: 22 Q. Correct?
0384 1 A. We were retained by Debovise & Plimpton 2 to examine certain contributions that were made 3 during the last election cycle. 4 Q. In the context of that investigation, did 5 you investigate any Republican members of 6 Congress or the Senate? 7 MR. HANSEN: Objection, privileged 8 instruction, privileged objection. 9 MR. GAFFNEY: Again, Mr. Klayman, I 10 realize I haven't made much headway on this but 11 would you care to enlighten either counsel for 12 the parties in the case as to the relevance of 13 this line of questioning? 14 MR. KLAYMAN: I really do not want to 15 enlighten you. Thank you. 16 THE WITNESS: I'm sorry to disappoint 17 you, but at the request of the counsel for 18 Sullivan & Cromwell, we barred any of the people 19 engaged in the investigation of the Clinton Legal 20 Defense Fund from participating in the 21 investigation of the DNC foreign contributions. 22 As a result, I have no firsthand information
0385 1 regarding that investigation because I worked -- 2 BY MR. KLAYMAN: 3 Q. Well, we're talking about different 4 things. I'm asking you whether in the context of 5 your work on fund raising you ever investigated 6 the fund raising practices of Republicans in 7 Congress? 8 MR. HANSEN: Privileged objection and 9 instruction. Answer if you can without 10 disclosing any privileges regarding nonpublic 11 confidential, proprietary matters. 12 THE WITNESS: At what time period? 13 BY MR. KLAYMAN: 14 Q. Any time period. 15 A. I'll accept the instruction. 16 MR. KLAYMAN: Certify it. 17 BY MR. KLAYMAN: 18 Q. Have you ever been charged with 19 investigating Haley Barber? 20 MR. HANSEN: Objection. Privileged 21 objection, privileged instruction. 22 THE WITNESS: No.
0386 1 BY MR. KLAYMAN: 2 Q. Did he give you the answer? Your lawyer? 3 A. No. 4 Q. He whispered at you. 5 A. Yes. The record should reflect that he 6 whispered in response to my question. 7 Q. In conducting your investigation of fund 8 raising have you ever sought the use of FBI 9 files? 10 MR. HANSEN: Objection, Mr. Lenzner, as 11 asked and answered. Anything having to do with 12 FBI files maybe 36 times now, Mr. Klayman. 13 BY MR. KLAYMAN: 14 Q. Are you going to respond? 15 A. Say the question again. 16 Q. In the context of doing your fund raising 17 investigations, have you ever sought the use of 18 FBI files? 19 A. If FBI files were made exhibits in a 20 public proceeding and were germane to the 21 investigation, which I take it you're saying any 22 investigation, we might very well seek a document
0387 1 that had been marked as an exhibit in a public 2 proceeding. But other than that no. The answer 3 would be no. 4 Q. Is what you're saying that FBI files may 5 have been made part of a public record in the 6 context of these proceedings? 7 A. No. 8 Q. You don't remember? 9 A. No. I'm saying we look for law 10 enforcement documents in criminal litigation, 11 generally, if it's going to shed some light on 12 the questions we're seeking to answer if they've 13 been made part of a public record. Short of 14 that, we don't seek access to nonpublic FBI 15 records. 16 Q. Have you ever heard of the Ron Brown 17 Drilling Company? 18 A. No. Are we ready to go? 19 Q. Have you ever worked for Ivana Trump? 20 A. Yes, for her lawyer. 21 Q. Who was that lawyer? 22 A. Well, my New York office handled that.
0388 1 I'm trying to remember her lawyer's name. 2 MR. HANSEN: I instruct you, again, 3 Mr. Lenzner, not to reveal anything beyond what 4 you've been permitted by clients to reveal other 5 than anything proprietary or privileged 6 information. 7 THE WITNESS: I don't remember his name. 8 BY MR. KLAYMAN: 9 Q. Did you ever have an opportunity to 10 review the manuscript of Gary Aldrich's book, 11 "Unlimited Access"? 12 A. No. 13 Q. Have you ever read that book? 14 A. No. 15 Q. Have you ever talked to anyone about that 16 book? 17 A. No. 18 Q. Have you ever met James or Mochtar Riady? 19 A. Who. 20 Q. James or Mochtar Riady? 21 A. No. 22 Q. Pauline Canchanelack?0389 1 A. No. 2 Q. When I say, "met," met or talked to? 3 A. No. 4 Q. Maria Shaw? 5 A. Never heard of her. 6 Q. Nora, Gene, or Tricia Lumb? 7 A. I've never -- 8 MR. GAFFNEY: Mr. Klayman, any relevance 9 to the lawsuit at issue, again, one last time 10 before we shut down? 11 MR. KLAYMAN: There may be. You can 12 answer. 13 THE WITNESS: The only possible time that 14 any of my people might have been in contact with, 15 we did do -- contacted people who showed up in 16 the Legal Defense Fund investigation with foreign 17 names on postal money orders to determine whether 18 or not they, in fact, had contributed sums 19 represented by the postal money order. I have no 20 idea whether those are the names of any of the 21 people that were involved in that. But we did go 22 through records relating to several hundred
0390 1 thousand dollars of postal money orders with 2 foreign names on them. 3 I had my people out interviewing them, 4 and based on that interview, the defense fund, I 5 think, returned five hundred or six hundred 6 thousand dollars of postal money orders. 7 BY MR. KLAYMAN: 8 Q. Michael Brown? 9 A. What about him? 10 Q. Did you ever talk or meet him? 11 A. No. 12 Q. Talk with him or meet him? Did you 13 ever -- were ever asked to or did you ever 14 investigate the wife of Senator Don Nickles? 15 A. Well, this is where we started, and the 16 answer to that question is we never were asked to 17 nor did we ever investigate Senator Nickles' wife 18 and he knows that and I know that. 19 Q. Do you know her name? 20 A. No. 21 MR. HANSEN: Mr. Klayman, do you have any 22 sense how long you think the deposition has to
0391 1 go? It's coming pretty close to the end by our 2 calculations. 3 MR. KLAYMAN: When is it the end by your 4 calculations? 5 MR. HANSEN: By my calculation it ends on 6 4:50 and that's giving a generous cushion, but 7 I'd like to know what your calculation is. 8 MR. KLAYMAN: Well, I can go for at least 9 another hour more. 10 THE WITNESS: Well, that's impossible for 11 me. I have a scheduled conference call. 12 MR. HANSEN: I would like to know you 13 think the six hours permitted by the court ends, 14 so we can see if there's some reasonable 15 accommodation. 16 MR. KLAYMAN: Mr. Bustion is advising me 17 on time. 18 Mr. Bustion advises me that based upon 19 his excellent time keeping capabilities that the 20 six hours would end at 5:02. 21 MR. HANSEN: Well, I'll let you go until 22 5:00. How's that? You have 10 more minutes.
0392 1 MR. KLAYMAN: Well, I'm not necessarily 2 accepting Mr. Bustion's calculations. 3 MR. HANSEN: Now there's a distrustful 4 person for you. 5 MR. KLAYMAN: I think the record will 6 speak for itself. 7 MR. HANSEN: 5:00. 8 MR. KLAYMAN: You need a little humor 9 here. 10 MR. HANSEN: Is that all right, 11 Mr. Lenzner, 5:00? All right. Well, you've got 12 until 5:00. 13 MR. KLAYMAN: No offense to Mr. Bustion. 14 I have a great deal of respect towards him. 15 BY MR. KLAYMAN: 16 Q. Ricky Simon. Where did you get to know 17 Ricky Simon? 18 A. She was an applicant to join our firm 19 eight or nine years ago, maybe longer. She's a 20 lawyer. 21 Q. Is she working for your firm currently? 22 A. No.
0393 1 Q. What did she do for when she worked for 2 your firm? 3 A. She was an investigator, researcher. 4 Q. Was she the one that you put in charge to 5 investigate Robert Bork and Clarence Thomas? 6 MR. HANSEN: Objection, no foundation. 7 That's a misleading, unfair question. 8 BY MR. KLAYMAN: 9 Q. You can answer. 10 MR. HANSEN: No. I'm going to direct you 11 not to answer. 12 THE WITNESS: I'll accept the 13 instruction. 14 MR. KLAYMAN: Certify it. 15 MR. HANSEN: Wait. Did I finish my 16 objection, Mr. Klayman? 17 MR. KLAYMAN: I thought you did. See, I 18 have a problem -- you're kind of like 19 Ms. Shapiro. She's not here today but sometimes 20 I think you ended your investigation only to find 21 out -- your objection only to find out it's still 22 ongoing. It's not intentional on my part.
0394 1 Perhaps it's your way of speaking. Perhaps it's 2 my way of listening. 3 So why don't you finish your objection. 4 MR. HANSEN: I think, Mr. Klayman, after 5 that speech, it's a little bit too far. Why 6 don't you go ahead -- 7 THE WITNESS: As a factual matter, by the 8 way, I think that Ricky Simon was not -- I'm not 9 certain of this absolutely but I don't believe 10 she was with our company when the Bork and 11 Clarence Thomas reviews were underway. I'm not 12 absolutely certain. 13 BY MR. KLAYMAN: 14 Q. What was the nature of those reviews? 15 MR. HANSEN: Objection. Privileged 16 instruction, privileged objection. 17 THE WITNESS: I was referring to the time 18 period when the Senate committees were reviewing 19 those two candidates. 20 BY MR. KLAYMAN: 21 Q. Do you stand by your previous refusal to 22 answer the question as to whether you were
0395 1 involved? 2 A. Yes. 3 Q. Steven Greene. When did you first meet a 4 Steven Greene, G R E E N E? 5 A. Steven Greene applied for a job with 6 us -- I don't know. Let's see, probably a 7 year-and-a-half ago. He was then the deputy 8 director of the Drug Enforcement Administration 9 that had been with the agency, again, 20 some 10 years, was the number two under four, I think, 11 directors, most recently Mr. Constantine, and I 12 think he was brought in maybe 12 -- maybe 14, 16 13 months ago. 14 Q. And he's still working with you? 15 A. Yes, he is. 16 Q. And what's his area of specialty? 17 A. Money laundering and security. 18 Q. Investigating? 19 A. Yes. 20 Q. Not actually doing it? 21 A. Yes, anti-money laundering and security. 22 Q. Have you ever worked, when you were with0396 1 the Department of Justice, with the Central 2 Intelligence Agency? 3 A. I don't believe so, no. 4 Q. Are you currently working with the 5 Central Intelligence Agency on any matter, you or 6 your firm? 7 A. No. I think the only work I've ever done 8 with the CIA was, I represented two or three 9 former CIA employees during the Church Senate 10 hearings, including the former head of the 11 Technical Service Division, Sidney Gotlebe. And, 12 indeed, I sued the Senate Committee to keep his 13 name out of the assassination report on the 14 grounds that it might endanger his life and his 15 family's life. 16 Q. Brooke Sheare? Who's Brooke Sheare? 17 A. Brooke Sheare was an investigator with 18 IGI for several years. She left IGI to campaign 19 with Mrs. Clinton during the first election. She 20 received a job with the Administration, and 21 that's where she is now. 22 Q. Is she close with Mrs. Clinton?
0397 1 MR. HANSEN: Objection, calls for 2 speculation. 3 THE WITNESS: I would assume so, but I 4 don't have any firsthand knowledge. 5 BY MR. KLAYMAN: 6 Q. Have you ever talked with her about 7 Mrs. Clinton? 8 A. Yes, she's talked about Mrs. Clinton. 9 Q. Did she ever mention whether or not 10 Mrs. Clinton was involved in the FBI files 11 matter? 12 A. Never came up. It's almost all -- her 13 relationships with Mrs. Clinton, when she saw 14 her, Chelsea, her children getting together, that 15 kind of stuff. 16 Q. Cody Sheare? 17 A. That's her twin brother. 18 Q. And he worked for you, too? 19 A. No, he did not. He was a subcontractor 20 on one matter for us, but he's never been 21 employed by us. 22 Q. On that Cheyenne, Rappahoe matter?
0398 1 A. No. 2 Q. Derrick Sheare, who is that? 3 A. Derrick Sheare is -- I think the older 4 brother in the family. 5 Q. Have you ever met him? 6 A. Yes. 7 Q. Who's your best friend, Mr. Lenzner? 8 A. My best friend? 9 Q. Yes. 10 MR. HANSEN: Mr. Klayman, do you think 11 that's an appropriate question after six hours? 12 MR. KLAYMAN: Yes, it is. Particularly 13 after six hours it's an appropriate question. 14 MR. HANSEN: Go ahead, Mr. Lenzner. 15 THE WITNESS: Well, I would say my wife, 16 my children. I would say Larry Potts, now, that 17 I've known him. I would say Charley Nessen at 18 Harvard Law School, Monroe Price at Sheva Law 19 School. Fran Jones who was my deputy at Legal 20 Services. 21 BY MR. KLAYMAN: 22 Q. Is he still in Washington?
0399 1 A. No, he's in Boston. 2 Q. Who do you talk to most of those people 3 currently, say, in the last six months? 4 A. My children, my wife. I taught a course 5 with Nessen, an evidence course. I talk to him 6 quite a bit. Monroe Price is a very, very dear 7 friend. I talk to him a lot. Larry Meyer, who I 8 spoke about before, very close and dear friend of 9 ours. 10 Q. Where is he located? 11 A. D.C. in our neighborhood. 12 Q. Is it M Y E R or M E Y E R? 13 A. M E Y E R. Sam and -- 14 Q. What neighborhood do you live in? 15 A. Cleveland Park. Sam and Eleanor Dunn. 16 Q. Where are they located? 17 A. Cleveland Park. Very close friends of 18 ours. 19 Q. Of those people, who would you tell your 20 most -- who would you confide in the most? 21 A. None. Well, I don't confide in anybody. 22 Q. Based on your years of experience as an
0400 1 investigator? 2 A. Exactly. Particularly in this town. 3 Q. Do you confide in your wife? 4 A. Of course. 5 Q. Your kids? 6 A. Very much so. 7 Q. But of your friends, who would you 8 confide in the most? I realize you're obviously 9 a typical Washington sceptic, but who would you 10 talk to the most? 11 A. I'd want to think long and hard before I 12 answered that question on a public record. 13 Q. Would you give me that answer once you've 14 had a chance to think about it? 15 A. I might; I might not. 16 Q. I'm asking you to. 17 MR. HANSEN: I'm asking you, Mr. Klayman, 18 to restrict, after six hours of questions, any 19 last possibly relevant questions you have 20 because, honestly, I do think we've gone well 21 beyond harassment into the theater of the absurd 22 with this deposition. Why don't you wrap it up.
0401 1 We've got about two minutes left. 2 BY MR. KLAYMAN: 3 Q. You do confide in Strobe Talbott. 4 A. I'm not sure about that, no. 5 Q. But you talk to him from time to time? 6 A. Oh, I talk to him from time to time. 7 I've had dinner with him recently. 8 Q. Cokie Roberts? 9 A. Yes. 10 Q. Steve Roberts? 11 A. Well, is the question are we social 12 friends? We were at their daughter's wedding. 13 We see them for dinner. 14 Q. Do you talk to these people, any of these 15 people, about what you're doing professionally? 16 A. No, absolutely not. Absolutely never. 17 And they know it because Cokie knows she's not 18 going to call up and get any information from me. 19 Q. You don't want to be on This Week? 20 A. I was asked to be on This Week, and I 21 rejected it. 22 MR. KLAYMAN: It's 5:02. We will leave
0402 1 the deposition open by virtue of the questions 2 that we're going to have to ask the court to 3 adjudicate and with regard to documents that were 4 not produced. 5 MR. HANSEN: Our position is the 6 deposition is closed. You can obviously take 7 what further action you need. 8 THE VIDEOGRAPHER: We're going off video 9 record at 5:20. 10 (Reading and signature not waived.) 11 (Time noted: 5:20) 12 - - - - - 13 14 15 16 17 18 19 20 21 22
0403 1 DISTRICT OF COLUMBIA, to wit: 2 I, Christy Howarth, before whom the 3 foregoing deposition was taken, do hereby certify 4 that the within-named witness personally appeared 5 before me at the time and place herein set out, 6 and after having been duly sworn by me, according 7 to law, was examined by counsel. 8 I further certify that the examination 9 was recorded stenographically by me and this 10 transcript is a true record of the proceedings. 11 I further certify that I am not of 12 counsel to any party, nor an employee of counsel, 13 nor related to any party, nor in any way 14 interested in the outcome of this action. 15 As witness my hand and notarial seal this 16 ______ day of _______________, 1998. 17 18 ________________________________ 19 Christy Howarth 20 Notary Public 21 22 MY COMMISSION EXPIRES: 6/30/00
0404 1 I N D E X 2 DEPOSITION OF TERRY F. LENZNER 3 March 13, 1998 4 5 EXAMINATION BY: PAGE 6 Mr. Klayman 5 7 8 EXHIBITS: PAGE MARKED 9 1 7 10 2 18 11 3 24 12 4 29 13 5 237 14 6 258 15 7 291 16 8 305 17 18 19 20 21 22 * Original exhibits retained by Counsel.
0405 1 CERTIFICATE OF DEPONENT 2 I hereby certify that I have read and 3 examined the foregoing transcript, and the same 4 is a true and accurate record of the testimony 5 given by me. 6 Any additions or corrections that I feel 7 are necessary, I will attach on a separate sheet 8 of paper to the original transcript. 9 __________________________ 10 TERRY F. LENZNER 11 I hereby certify that the individual 12 representing himself/herself to be the 13 above-named individual, appeared before me this 14 ______________ day of ______________, 1998, and 15 executed the above certificate in my presence. 16 17 ________________________ 18 NOTARY PUBLIC IN AND FOR 19 ________________________ 20 21 MY COMMISSION EXPIRES: 22 __________________________
0406 1 WITNESS: TERRY F. LENZNER 2 DATE: Friday, March 13, 1998 3 CASE: ALEXANDER vs. FBI 4 Please note any errors and the 5 corrections thereof on this errata sheet. The 6 rules require a reason for any change or 7 correction. It may be general, such as "To 8 correct stenographic error," or "To clarify the 9 record," or "To conform with the facts." 10 PAGE LINE CORRECTION REASON FOR CHANGE Goto Previous Section of this deposition