151 1 respond to the press. 2 Q Was there anyone else assisting you 3 in providing policy and political advice to 4 the President at that time? 5 A No. 6 Q You were the number one guy? 7 A Well, a lot of people would dispute 8 that, but I was the only person with that 9 title. 10 Q Did you also provide policy and 11 political advice to Hillary Rodham Clinton as 12 part of your duties and responsibilities? 13 A That wasn't my -- was one of my 14 specified duties. If Mrs. Clinton called me 15 and asked my advice on something, I would try 16 to give my best advice. 17 Q But she did call you on a fairly 18 regular basis? 19 A Sure, depending on, you know, the 20 time. 21 Q What were Mrs. Clinton's duties and 22 responsibilities between the date the 152 1 administration became the administration in 2 January 20th, 1993, and the date that you 3 left your job as communications director? 4 What did you perceive to be Hillary 5 Rodham Clinton's duties and responsibilities 6 as First Lady? 7 A Well, it wasn't for me to say what 8 her duties and responsibilities were. 9 Q From your perspective. 10 A Yeah, as First Lady of the United 11 States, she had a number of ceremonial 12 duties. Managing the East Wing of the White 13 House, managing the Social Office of the 14 White House, state dinners, receptions and 15 the like, and that's quite a bit of work. 16 She also has to represent and be 17 with the President on state occasions, 18 different public events. 19 Beyond that she -- at the beginning 20 of the administration she was quite involved 21 in the development of the President's health 22 care policy. 153 1 Q Is it not the case that Hillary 2 Rodham Clinton was the day-to-day manager of 3 the White House, in terms of making sure it 4 functioned? 5 A No. 6 Q What's funny about that? 7 A What's funny about that is it's a 8 very leading question. It contains the 9 conclusion within the question. It's not 10 really a question. It's a political 11 statement. 12 Q I'm asking you the question. 13 A I -- and I answered it. 14 Q Isn't it true she managed the White 15 House, hands-on control over matters other 16 than health care? 17 A I already answered that question? 18 Q Is the answer yes? 19 THE WITNESS: Could you, please, 20 read my answer two questions ago? 21 (The reporter read the record 22 as requested.) 154 1 BY MR. KLAYMAN: 2 Q Did she have hands-on control on 3 health care issues at that time? 4 A She was managing health care, as 5 the President publicly announced in early 6 January 1993. 7 Q I take it Mrs. Clinton sometimes 8 consulted with you over controversies 9 surrounding the White House such as 10 Whitewater, Travelgate, Filegate, et cetera? 11 A She may ask me questions about it, 12 sure. I never talked to her about the FBI 13 files. Again, to get to the matter at hand, 14 I never discussed the FBI files. Let me be 15 clear and unequivocal on that. I never 16 discussed the FBI files matter with the First 17 Lady, I have no independent knowledge of the 18 FBI files matter. 19 To my knowledge, the First Lady had 20 no independent knowledge of the FBI files 21 matter. She neither directed anyone to get 22 the FBI files nor read them after they came 155 1 out, neither did I. I never discussed it 2 with her. 3 Q If you never discussed it with her, 4 how do you know she never had any firsthand 5 knowledge? 6 A I said to my knowledge at the 7 beginning of the sentence. 8 Q How are you so sure that she never 9 had no knowledge if you never discussed it 10 with her? 11 A Because since then I have read 12 numerous -- I mean numerous press accounts, 13 matters before the congressional committees 14 where that was her testimony. 15 You know, this is -- now we're 16 several years after the fact this has been 17 looked into by a host of independent 18 organizations. 19 Q During the time that you were 20 communications director, did you ever discuss 21 the FBI files matter with the President? 22 A No. 156 1 Q Not even once? 2 A Nope. 3 Q Never even mentioned the word "FBI 4 files"? 5 A No. 6 Q Wasn't of interest? 7 A Absolutely not. 8 Q Minor matter? Not worthy of your 9 time? 10 A I hate to help you out with your 11 questions, but you asked me did I ever 12 mention it at a time when I was 13 communications director. I was 14 communications director up until May 30th or 15 May 31st, 1993. I never thought about FBI 16 files before May 30th, 1993. 17 MR. KLAYMAN: I show you what I 18 will ask the court reporter to mark as 19 Exhibit 4. 20 (Stephanopoulos Deposition 21 Exhibit No. 4 was marked for 22 identification.) 157 1 BY MR. KLAYMAN: 2 Q I will show you what I've asked the 3 court reporter to mark as Exhibit 4. 4 A Yeah. 5 Q Have you ever seen this document 6 before, Mr. Stephanopoulos? 7 A No. 8 Q This is a memorandum that was 9 written by Agent Dennis Sculimbrene, 10 S-c-u-l-i-m-b-r-e-n-e. Can you turn your 11 attention to the second paragraph? I will 12 read this into the record, Bernard Nussbaum. 13 "Counsel to the President advised that he has 14 known the appointee for a period of time, 15 that he employed in the new administration. 16 He had come highly for a long period of time. 17 He was confident that the appointee 18 lives a circumspect life and was not aware of 19 any illegal drug or alcohol problems. 20 He said that the appointee will 21 work at the White House on security matters. 22 He said that in the short period of time that 158 1 the appointee has worked for him he has been 2 completely satisfied with his performance, 3 conduct and productivity. He recommended the 4 appointee for continued access in his current 5 capacity." 6 Does that refresh your recollection 7 as to whether you've ever seen this? 8 MR. BRAND: Did he say he didn't 9 remember seeing it? 10 MR. KLAYMAN: Well, this may 11 refresh his recollection. 12 MR. BRAND: Yeah. I don't know 13 that it needs to be refreshed yet. 14 THE WITNESS: I've never seen this. 15 BY MR. KLAYMAN: 16 Q Perhaps I skipped over it. My 17 colleague tells me I did inadvertently. 18 Under that entry for Bernard 19 Nussbaum, "He had come highly recommended to 20 him by Hillary Clinton, who has known his 21 mother for a longer period of time." 22 Do you see that statement? 159 1 A I do. 2 Q Are you aware that Sculimbrene 3 wrote a memo of an interview he had with 4 Nussbaum where he recorded that Livingstone 5 was actually recommended by Hillary Clinton? 6 A I know that it's been reported in 7 the press. I also know that Mrs. Clinton and 8 Craig Livingstone's mother, according to 9 subsequent press reports that I have read 10 since this came up, had both denied that 11 being the case. 12 Q Did you ever discuss this issue of 13 Hillary Clinton's recommendation of Craig 14 Livingstone, as alleged, with Mrs. Clinton? 15 A No. 16 Q Did you ever discuss it with the 17 President? 18 A I'm not going to respond to my 19 conversations with the President. 20 MS. SHAPIRO: Just a moment. 21 (Counsel conferred with 22 witness) 160 1 MR. KLAYMAN: Let the record 2 reflect that Ms. Shapiro, Ms. Paxton and 3 Mr. Brand are consulting with the witness. 4 THE WITNESS: I'm sorry. The 5 answer to the previous question is no. 6 BY MR. KLAYMAN: 7 Q No, what? You never discussed this 8 with the President? 9 A I did not. 10 Q You did not? 11 A No. 12 Q Have you ever discussed this issue 13 with anyone, whether Hillary Clinton strongly 14 recommended Craig Livingstone for the job as 15 Director of White House Security? 16 A Well, again, since reports were in 17 the press and since there was dozens of 18 articles about it and other congressional 19 investigations and it was a matter of public 20 record, I'm sure I have had discussions since 21 then. I did not have any discussions prior 22 to that. 161 1 Q Who have you had discussions with 2 since then? 3 A About? 4 Q About this issue of Hillary Clinton 5 recommending Craig Livingstone. Let's start 6 with inside the White House. 7 A I couldn't tell you. I mean I've 8 never had an independent investigation. I 9 was sure this matter was in the press at the 10 time. I remember it being in the press at 11 the time. 12 What I can say with certainty is 13 that when it was in the press, I'm sure it 14 was a matter of discussion, but I can't tell 15 you who I talked to or when. 16 Q Who would you have discussed it 17 with in the ordinary course of your duties 18 and responsibilities at the White House? 19 A If it was in the news that day, 20 anybody that I might have run into. 21 Q Who did you work with generally 22 other than the President in your first job as 162 1 communications director? Who was working for 2 you or who was working with you at the White 3 House? 4 A Well, again, maybe -- I mean I 5 can't believe that I'm having to refresh your 6 recollection of the timing of the case, but 7 when this story broke, I was no longer 8 communications director. 9 Q Well, let's take after you were 10 communications director. You're right. 11 Who did you discuss it with? Who 12 was in your entourage of people? 13 A I had no entourage. I had one 14 executive assistant. But I came into contact 15 with anywhere from 2 dozen to 400 people a 16 day. 17 Q Let's drop this right now. We'll 18 get back to it. 19 Did there come a point in time when 20 your job changed at the White House? 21 A As I said, my job changed on May 22 30th or so 1993. 163 1 Q What was your new title? 2 A Senior advisor to the President for 3 policy and strategy. 4 Q Why did you job title change? 5 A That is -- 6 Q Were you fired from your previous 7 job? 8 A I was moved. 9 Q You were fired from that job, were 10 you not? 11 A I don't think so, but I -- I could 12 have done a better job in my first job. 13 Q It was not a voluntary change, was 14 it not? 15 A Well, I think it could have been 16 handled better, but I was very happy for the 17 change. 18 Q Who is it that told you that your 19 job was going to be changed? 20 A Mack McLarty. 21 Q What did Mack McLarty tell you were 22 the reasons, if any, for your change? 164 1 MS. SHAPIRO: Hang on a second, 2 please. 3 (Counsel conferred with 4 witness) 5 MS. SHAPIRO: You can ask the 6 question again. I'm fairly confident I'm 7 going to instruct him not to answer, but you 8 can try to phrase it in such a way as to not 9 reveal any Presidential communications. 10 BY MR. KLAYMAN: 11 Q What was your knowledge as to why 12 your job was being changed? 13 A There were a lot of different 14 reasons for it, but I will just be frank with 15 you right now, I mean if you want to ask me 16 about the FBI files, I'll be happy to answer 17 it. 18 But I -- I fail to see what that 19 move on May 30th, 1993, that had nothing to 20 do with the FBI files, before it ever broke, 21 how that could be helpful. I was moved for a 22 variety of reasons. 165 1 Q What were the reasons that you know 2 you were moved for? 3 A For organizational matters inside 4 the White House. 5 Q Because your superiors were 6 dissatisfied with your organizational 7 abilities? 8 A You'll have to ask them. 9 Q Is that what you were told? 10 A You can ask them. 11 Q Is it your independent knowledge as 12 of today that you were moved because you were 13 considered to be disorganized? 14 A That wasn't my answer. 15 MS. SHAPIRO: I object to getting 16 into any of the reasons that -- 17 BY MR. KLAYMAN: 18 Q I don't know what organizational 19 means and I'm entitled to ask. 20 A What I do know is that my being 21 moved had nothing to do with the FBI files 22 matter, if you would like to ask me about the 166 1 FBI files matter. 2 Q I'm entitled to ask you for a 3 number of different reasons. Your lawyers 4 know why I can ask you these questions and 5 either we can make it simple or we can make 6 it hard. I'm a patient person. 7 A Me too. Probably not as patient as 8 you though. 9 Q Probably not. 10 MR. BRAND: He answered the 11 question. He said for organizational reasons 12 inside the White House. 13 MR. KLAYMAN: Well, that's not what 14 I'm looking for in terms of the reasons. 15 That's a vague response. 16 MR. BRAND: You can't make him 17 testify of things he doesn't know. 18 BY MR. KLAYMAN: 19 Q Were you removed because people 20 were dissatisfied with your prior job 21 performance? 22 MR. BRAND: Well, again, you keep 167 1 putting words in his mouth. He tells you 2 that he's done it for organizational reasons 3 and you say were you removed because people 4 weren't happy. 5 MR. KLAYMAN: I'm entitled to, 6 Mr. Brand, as you know -- 7 MR. BRAND: Larry, again, if you 8 want to testify, come on over and put the 9 mike on and testify. 10 MR. KLAYMAN: I'm entitled to ask 11 leading questions. This is, obviously, an 12 adverse witness. There's no dispute that 13 he's hostile. 14 BY MR. KLAYMAN: 15 Q Were you moved because people were 16 unhappy? Were you moved because of your job 17 performance? 18 MS. SHAPIRO: I'm going to object 19 at this point. This is completely irrelevant 20 and besides the relevancy, this gets into an 21 area where it reveals privileged 22 communications, and I'm going to instruct the 168 1 witness not to answer questions about why he 2 wasn't or was removed from his prior 3 position. 4 MR. KLAYMAN: Certify it. 5 MR. KLAYMAN: Are you representing 6 him at this? 7 MS. SHAPIRO: Yes, I am. 8 MR. KLAYMAN: In what capacity? 9 MS. SHAPIRO: In his capacity as a 10 former employee of the White House. 11 MR. KLAYMAN: Mr. Brand, are you 12 representing him personally? 13 MR. BRAND: I'm representing him 14 for all the purposes that conceivably could 15 come up out of this deposition. 16 BY MR. KLAYMAN: 17 Q To the best of your knowledge, 18 Mr. Stephanopoulos, were you removed because 19 people were dissatisfied with your 20 performance? Yes or no? 21 MS. SHAPIRO: You have asked that 22 question and I've instructed the witness not 169 1 to answer. 2 BY MR. KLAYMAN: 3 Q Was the basis for your removal 4 dishonesty? 5 MS. SHAPIRO: That's the same 6 question asked in a another way. I'm 7 instructing the witness not to answer the 8 question. I think you've certified it. We 9 can address it however you want to address it 10 and we'll move on. 11 MR. KLAYMAN: Certify it. 12 BY MR. KLAYMAN: 13 Q Were you disciplined at the White 14 House? Is that why you were removed? 15 MS. SHAPIRO: Again, it's the same 16 question. I'm instructing him not to answer 17 that question. 18 MR. KLAYMAN: Certify it. 19 BY MR. KLAYMAN: 20 Q Were you removed because you had 21 breached national security? 22 MS. SHAPIRO: Again, I object to 170 1 the line of questioning. It goes to the 2 privileged communication, the same privileged 3 communication that you're trying to elicit 4 answers, and I'm instructing him not to 5 answer these questions. 6 BY MR. KLAYMAN: 7 Q Were you removed because you had 8 access to FBI files improperly? 9 MS. SHAPIRO: He can answer that 10 question. 11 THE WITNESS: No. 12 MR. KLAYMAN: You've waived every 13 objection. 14 MS. SHAPIRO: No, I don't think so. 15 MR. KLAYMAN: Are you going to let 16 him answer the others? 17 MS. SHAPIRO: No. 18 MR. KLAYMAN: Certify it. 19 MS. SHAPIRO: I told you -- well, 20 we're not going to get into a legal 21 discussion. 22 THE WITNESS: But for the record, 171 1 the answer to that is no. 2 BY MR. KLAYMAN: 3 Q What were the duties and 4 responsibilities that were assigned to you in 5 your second post at the White House? 6 MR. BRAND: Asked and answered. 7 MR. KLAYMAN: I got the title. I 8 didn't get the duties and responsibilities. 9 MR. BRAND: You got the duties. He 10 said that he was responsible for policy, he 11 gave you the specific areas of the policy, 12 and political advice based on that. 13 BY MR. KLAYMAN: 14 Q Is that your first job or your 15 second job? 16 A It was the second one, as I 17 answered. 18 Q Now, how long did you stay at the 19 White House? 20 A I already answered that. 21 Q Can you just give us a frame of 22 reference? If will be faster? 172 1 MR. BRAND: It's already in the 2 record. It's been testified to as the 3 precise date he was there and when he left. 4 BY MR. KLAYMAN: 5 Q Give us the quick response. 6 A I already answered that question. 7 Q Do you want to play games or what? 8 MR. BRAND: No, you're the one 9 playing games, Larry. 10 MR. KLAYMAN: I'm not playing any 11 games. 12 MR. BRAND: These questions have 13 already been asked. You are taking up the 14 time of this witness going over ground you've 15 already asked. 16 MR. KLAYMAN: I'm just trying to 17 get a frame of -- 18 MR. BRAND: I'm not going to 19 tolerate this and we'll end the deposition, 20 yes, we will, and you can go to Judge 21 Lamberth, and I will be right there with you, 22 and we can go over the abusive nature of this 173 1 practice of yours of going over questions 2 that were already asked. No witness has to 3 put up with that kind of nonsense. 4 MR. KLAYMAN: Mr. Brand, you can do 5 whatever you want at your own risk. If you 6 want to end the deposition on your own, I 7 don't condone it, but I will certainly move 8 for sanctions. 9 MR. BRAND: I haven't done that 10 yet, but I will if you continue repeatedly 11 asking the same questions and if you don't 12 listen to his testimony, go back and read it 13 after the fact. But we're not going to go 14 over the same ground two and three and four 15 times. 16 MR. KLAYMAN: You're instructing 17 him not to answer? 18 THE WITNESS: I already answered 19 it. 20 MR. BRAND: Yes. It's been asked 21 and answered. 22 MR. KLAYMAN: Certify it. 174 1 MR. BRAND: Certify it to the Pope 2 if you want, Larry, but we're not going to 3 have this go on for six more hours. 4 THE WITNESS: Could I ask the court 5 reporter to -- 6 MR. KLAYMAN: Why is it necessary 7 to disparage somebody's religion, Mr. Brand, 8 incidentally, a religion that you're not a 9 part of. I don't think that's appropriate. 10 MR. BRAND: How do you know what my 11 religion is? 12 MR. KLAYMAN: Well, I don't think 13 it's necessary to disparage Catholics? 14 THE WITNESS: May I please ask the 15 court reporter to find the answer when I said 16 I left the White House. 17 (The reporter read the record 18 as requested.) 19 BY MR. KLAYMAN: 20 Q Now, during that period did the FBI 21 files controversy arise? 22 A Certainly. 175 1 Q How did you learn about it? 2 A I read the newspaper or got a phone 3 call from reporter. I don't know which one. 4 Q What reporter did you get a phone 5 call from? 6 A I don't remember. Everybody was 7 working on it. 8 Q Do you remember the name of the 9 publication? 10 A It was one of the major 11 publications. I don't remember which one. 12 Q What did you learn about the files 13 controversy at that time? 14 A I don't remember what I learned at 15 that moment. I did learn that files had been 16 collected mistakenly over time. 17 Q You learned that from the reporter? 18 A Well, from everything that happened 19 after the story broke. 20 Q The reporter didn't tell you that 21 the files were mistakenly obtained, did he or 22 she? 176 1 A I don't remember what the reporter 2 said exactly. 3 Q Was it a he or she? 4 A Couldn't tell you. 5 Q What did you do after you found 6 that out from this particular reporter? 7 A I don't remember precisely. 8 Q Tell us imprecisely? 9 A It was a matter of public record 10 for some time in the White House. I'm 11 certain that at various times it was a matter 12 of discussion. 13 I couldn't detail when the 14 discussions were -- were in the -- I do know 15 that as this matter was looked at -- again, I 16 don't remember the day it broke or the day it 17 stopped being written about. 18 But I do remember from the day it 19 broke it was investigated by the senate, the 20 house, the Office of Independent Counsel and 21 over -- 22 Q I'm not asking you for that. 177 1 Please don't waste my time. 2 A And over the course of that period 3 of time, the period of time in which I was in 4 the White House, January 1993 through 5 December 31st, 1996, I discovered and learned 6 and read mostly on the public record -- I 7 would say probably almost entirely on the 8 public record -- that this was a mistake. 9 That Anthony Marceca and Craig 10 Livingstone acted on their own. That was my 11 judgment based on everything that I read. 12 What I can testify with certainty is that I 13 never ordered them to be collected. I never 14 saw an FBI file in my life. 15 Q I object to this as nonresponsive. 16 I move to strike and you're taking up my 17 time. 18 A I'm happy to leave if you want me 19 to leave. 20 Q Oh, you're not going to leave 21 believe me. I'm sure you would be happy to 22 leave. 178 1 After you discovered that this 2 occurred, who did you go and talk to inside 3 the White House after this reporter called 4 you? 5 A I might have talked to any one of a 6 number of people. 7 Q Who? 8 A Oh, at some point I'm certain I 9 spoke to Mike McCurry, at some point I'm sure 10 I spoke to Rahm Emanuel, at some point I'm 11 sure I spoke to Jane Sherburne. I don't know 12 when or where or how. It was a long time. 13 Q This was obviously a pretty 14 significant matter when it broke, was it not? 15 A Well, there were significant 16 questions raised. I think the more it was 17 looked into it the more, the less significant 18 it seemed to be. 19 Q I'm asking at the time. At the 20 time was it considered to be an important 21 matter at the White House? 22 A It was considered to be a serious 179 1 question. 2 Q Did you seek or do you know of 3 anyone else seeking any kind of clarification 4 as to whether the White House, having 5 obtained FBI files, would raise any legal 6 ramifications? 7 A I didn't. That would be the White 8 House counsel I guess, but I didn't. 9 Q Did you consult with the White 10 House counsel at the time? 11 A It's very -- I'm certain that I had 12 discussions with them at the time. I really 13 don't know if the word "consult" is the right 14 word. 15 Q Who? 16 A At least Jane Sherburne, maybe 17 others. 18 Q Did you go see her or did she call 19 you? 20 A I don't remember. 21 Q What did you discuss with Rham 22 Emanuel about the FBI file matter when it 180 1 broke? 2 A If I discussed it with him. I was 3 just trying to be comprehensive. I can't 4 swear that I discussed it with him. If I 5 did, it would be how much of a political 6 problem is this. 7 Q What did Mr. Rham Emanuel tell you? 8 A I don't know. 9 MS. SHAPIRO: Object. 10 MR. KLAYMAN: You know, you don't 11 have a privilege here because that's what 12 this case is about. Are you saying I can't 13 ask any questions? Is that what you're 14 saying? 15 MS. SHAPIRO: No, I'm objecting to 16 asking about specific questions that rise to 17 the level of being Presidential 18 communications. 19 MR. KLAYMAN: How is Rham Emanuel 20 Presidential communications? 21 MS. SHAPIRO: I'm not going to get 22 into a legal argument about it. 181 1 MR. KLAYMAN: Are you instructing 2 him not to answer? 3 MS. SHAPIRO: Not at the moment, 4 but I'm cautioning you -- 5 MR. KLAYMAN: Then let him answer. 6 MS. SHAPIRO: -- that you're 7 getting into an area which I will instruct. 8 MR. KLAYMAN: I don't need your 9 caution, Ms. Shapiro. 10 MS. SHAPIRO: Please don't speak 11 over me. 12 MR. KLAYMAN: I wasn't. 13 MS. SHAPIRO: I'm giving you the 14 courtesy of speaking when you speak. Can you 15 do the same for me? 16 MR. KLAYMAN: Well, either you make 17 an objection or you don't make an objection. 18 MS. SHAPIRO: I objected. 19 MR. KLAYMAN: One or the other, in 20 or out, up or down. Are you making an 21 objection? 22 MS. SHAPIRO: Yes. 182 1 MR. KLAYMAN: Are you asking him 2 not to respond? 3 MS. SHAPIRO: Not at the moment. 4 I'm cautioning you that you're entering an 5 area in which I will. 6 MR. KLAYMAN: Well, don't caution 7 me. Just make an objection. 8 BY MR. KLAYMAN: 9 Q What did Mr. Emanuel tell you. 10 A I don't remember. 11 Q General subject matter, do you 12 remember what he told you? 13 A I already answered that. 14 Q Was he concerned? 15 A I don't remember the conversation. 16 You asked me is it possible I talked to him 17 and I said it's possible I talked to him. I 18 don't remember the specific conversation. 19 Q Have you ever talked to Rham 20 Emanuel at all about this? 21 A I said it's very possible that I 22 have. 183 1 Q What was discussed with Mr. Emanuel 2 up to the time you left the White House about 3 files, FBI files? 4 A Probably didn't talk about it 5 again. I don't remember any specific 6 discussions. 7 Q What did you discuss with Mike 8 McCurry after this issue broke? Same 9 answers? 10 A Yes. 11 Q Jane Sherburne? 12 MS. SHAPIRO: That I object to on 13 the basis of attorney-client privilege. 14 BY MR. KLAYMAN: 15 Q You probably can't remember anyway. 16 Can you remember what you said to her? 17 MS. SHAPIRO: You can testify only 18 if you can't remember, but any substance of 19 communications between Mr. Stephanopoulos 20 when he was employed at the White House and 21 counsel's office are privileged. 22 THE WITNESS: I don't remember the 184 1 substance of the specific conversations. 2 BY MR. KLAYMAN: 3 Q Do you remember general substance? 4 A I think, generally, what I remember 5 is what later came out in the press, that 6 this was a mistake, an unauthorized mistake 7 by two people, which is -- which every 8 independent body has looked at this in 9 discovery. 10 Q I'm talking about that at the time, 11 Mr. Stephanopoulos. 12 A I gave my answer. 13 Q You can't remember? 14 A No, that's not what I said. You 15 just don't listen, do you? 16 Q Well, it just broke, the story just 17 broke and you already made the decision that 18 there was nothing to this even immediately on 19 the spot in your discussion with 20 Ms. Sherburne? 21 A That's not what I said either. 22 Q Then what did you discuss with 185 1 Ms. Sherburne around the time that the story 2 broke? 3 A I don't remember the specification 4 conversations, but I -- I do remember the 5 information that came out as the information 6 that was later reported in the press; this 7 was a mistake by two people, that it was not 8 something that was authorized by high levels 9 of the White House. 10 Frankly, it was something that none 11 of us ever knew about it. We were all quite 12 surprised by it and shocked and disappointed 13 about it and took steps to rectify it. 14 As the President announced pretty 15 close to the time the story broke, that he 16 was upset about this as well, that he took 17 steps to make sure it didn't happen again, 18 that as far as he could, there -- it was a 19 mistake. 20 Q Now, after the story broke you did 21 discuss the files matter with the President, 22 did you not? 186 1 MS. SHAPIRO: One moment. 2 (Counsel conferred with 3 witness) 4 MS. SHAPIRO: I will let the 5 witness answer yes or no. He will not, 6 though, reveal any substance of any 7 conversation. 8 THE WITNESS: My guess is that at 9 some point when he was being prepared to 10 answer press questions, I'm certain that this 11 matter came up in the briefing. 12 BY MR. KLAYMAN: 13 Q Was it a briefing between you and 14 the President or were other people present? 15 A I'm sure there were other people. 16 Q Who was present? 17 A I don't know, but, generally, it 18 may have included McCurry, it may have 19 included Rham. I don't know who else. It 20 could have included the Chief of Staff. I 21 mean -- 22 Q Who was the Chief of Staff at the 187 1 time? 2 A Since you don't seem to remember at 3 the time who it was, maybe you can refresh my 4 memory. When was it? 5 Q Well, you were the one who was 6 advisor to the President. Who was the Chief 7 of Staff at the time? 8 A When did the story break? 9 Q Was it Panetta? 10 A When did the story break? 11 Q June '96. 12 A Oh, which would explain why I 13 wouldn't have known anything about it when I 14 was communications director in May of 1993. 15 In June of 1996, Mr. Leon Panetta were Chief 16 of Staff. 17 Q You were at your second job, 18 advisor in policy and politics, correct? 19 A Strategy. 20 Q Strategy? 21 A Political strategy, yeah. 22 Q Right. You had this briefing with 188 1 the President? 2 A I assume there were briefings 3 before the press conference. I can't tell 4 you the date. 5 Q Who called the briefing? 6 A I don't know. 7 Q Who would have called in the 8 ordinary course? There have been several 9 scandals in the White House? Who would have 10 called it for a scandal matter? 11 A I didn't say that. You said that. 12 Q Shall I use the word "controversy"? 13 Do you like that better? 14 A I'm just going to choose my own 15 word. 16 Q I've heard you use the word 17 "scandal" quite a bit on ABC with Sam 18 Donaldson and Cokie Roberts. Is that an 19 incorrect characterization for Filegate? 20 It's not a scandal. 21 A Actually I think that -- I'm glad 22 you asked because I think that the more the 189 1 facts have come out about the FBI files 2 matter and the inappropriate collection of 3 FBI files by people, by Craig Livingstone and 4 Tony Marceca, turns out that, in fact, it's 5 not a scandal. 6 What it is, is a terrible mistake 7 and that because of that terrible mistake 8 there was a potential that people's rights, 9 including the rights of your clients, may 10 have been violated. No one is denying that 11 for a moment. 12 What I am denying is that anyone at 13 high levels of the White House ordered that 14 to be done, that anyone at high levels of the 15 White House ever read the -- the FBI files of 16 your clients. 17 Therefore, even though there was a 18 potential violation of rights, which is truly 19 regrettable and should have never happened, 20 there was no actual violation of rights 21 because the files were not read. Now -- and 22 certainly they were not read by me. No, I do 190 1 not consider this to be a scandal. 2 Q Do you know whether the White House 3 ever did an internal investigation of the 4 files matter? 5 A I don't know actually. 6 Q You don't know? 7 A No. 8 Q You never came into the knowledge 9 that one was done? 10 A I certainly never conducted one. I 11 don't remember that. 12 Q You don't have any personal 13 knowledge that these files were turned over 14 by the FBI as part of innocent mistake? You 15 don't have personal knowledge? 16 A Well, depends on what you consider 17 personal knowledge. I mean I've read it in 18 the newspaper, I've reviewed congressional 19 testimony, I've reviewed reports of testimony 20 from the Grand Jury. Everything I have read 21 since June 1996, tells me that this was a 22 mistake, not a scandal. 191 1 Q Did you ever do an investigation 2 while you were at the White House to see 3 whether it was a mistake? 4 A I think I already answered that 5 question. 6 Q You personally, George 7 Stephanopoulos? 8 A I answered that many times, but to 9 answer it again, no. 10 Q Now, at this briefing session did 11 the President ask you or anyone else who was 12 present any questions about the FBI files 13 matters? 14 A I don't remember a specific 15 briefing session, but he responded to it in 16 the press, so I know it came up. 17 Q Well, clearly you must have had a 18 scold session with the President to try to 19 figure out what had gone on and how you 20 respond to it, correct? 21 A No, that's not clear at all 22 actually. 192 1 MS. SHAPIRO: It's been asked and 2 answered. 3 THE WITNESS: What's clear is that 4 he was preparing to go before the press and 5 that there was probably a briefing before he 6 went out to go before the press. 7 BY MR. KLAYMAN: 8 Q You participated in the briefing? 9 A My guess is I probably did. 10 Q Who spoke at the briefing? 11 A Got me. 12 Q No one spoke? 13 A I didn't say that. I said I don't 14 know. 15 Q Did you speak? 16 A Probably. 17 Q What did you say? 18 A I don't remember. 19 Q Do you remember generally? 20 A I generally would have said what I 21 knew at the time or what I thought the 22 questions from the press would be. 193 1 Q You took notes at that meeting, 2 didn't you? 3 A No. I wouldn't take notes at a 4 meeting to brief the President for the press. 5 It was a commonplace incident. 6 Q Commonplace incident? 7 A Uh-huh. 8 Q The FBI files was a commonplace 9 incident? 10 A No, preparing the President for a 11 press conference is very commonplace. It 12 might happen more than once a day. It's not 13 something you would take notes on. 14 Q But the FBI files matter was not a 15 commonplace incident in itself would be your 16 opinion? 17 A Well, it depends on what you 18 consider the FBI files matter to be, the 19 collection of the FBI files mistakenly by 20 employees of the White House was a mistake, 21 regrettable mistake. 22 Q We heard that many times, but, 194 1 unfortunately, you've never conducted an 2 investigation so you don't know, so I really 3 don't care about that response. I've had it. 4 Asked and answered. You gave your response. 5 Now let's move on. 6 A Terrific. Let's go. 7 Q In terms of what else was said at 8 that meeting, who else spoke? 9 A I don't remember. 10 MS. SHAPIRO: I object to your 11 mischaracterizing his testimony. He doesn't 12 remember any specific meeting. That was his 13 testimony. 14 BY MR. KLAYMAN: 15 Q Subsequent time you left the White 16 House have you had any kind of operations or 17 anything, medical operations? 18 MS. SHAPIRO: Objection. 19 Relevancy. 20 MR. KLAYMAN: I want to know -- 21 it's not irrelevant. I want to find out why 22 he has a loss of memory. 195 1 BY MR. KLAYMAN: 2 Q Have you had any operations, any 3 kind of operations, neurological? 4 A I have not and I would -- I would 5 object to your -- your conclusion that I've 6 had a loss of memory. 7 To not be able to remember one of 8 approximately -- between 1500 and 10,000 9 press briefings I had with the President over 10 the course of six years, to not remember on 11 March 9th, 1998, a specific conversation 12 sometime in June 1996, a date which you 13 couldn't even get correct within three years 14 and this is all you do all day, is not an 15 incomprehensible loss of memory. It's 16 perfectly natural. 17 Q You know what I do all day, 18 Mr. Stephanopoulos? 19 A If it's anything like this, I feel 20 sorry for you. 21 Q Have you been on any medication 22 since you've left the White House? 196 1 A I'm not going to answer that 2 question. 3 Q Are you on any medication that 4 could affect your memory? 5 A No. 6 Q Have you had any traumatic 7 experiences since you've left the White 8 House, physical shock or anything like that 9 that could affect your memory, been in a car 10 accident or anything like that? Yes or no? 11 A I'm -- I'm thinking. 12 MS. SHAPIRO: While he's thinking I 13 will insert an objection. 14 MR. KLAYMAN: He can respond. 15 MS. SHAPIRO: This is nothing more 16 than intimidation tactics and harassing the 17 witness. 18 MR. KLAYMAN: This is not 19 intimidation. It happens. Look at 20 Princess -- 21 MS. SHAPIRO: You're talking over 22 me again. Please let me finish my very brief 197 1 objections. 2 MR. KLAYMAN: You dribble on. I 3 don't know what you're saying. 4 MS. SHAPIRO: I'm making 5 one-sentence, brief objections. 6 MR. KLAYMAN: What's the objection? 7 MS. SHAPIRO: My objection is that 8 this is irrelevant, it's harassing and it's 9 designed to intimidate the witness. 10 MR. KLAYMAN: It's not irrelevant. 11 Look at Princess Diane's bodyguard. He lost 12 his memory in a car crash. 13 BY MR. KLAYMAN: 14 Q Anything like that? 15 A Wow! I mean I knew it could 16 happen. There is a way to get the Princess 17 Diane story into anything, even the FBI files 18 matter. 19 To answer your question -- 20 Q Have you been in any car crashes, 21 any physical trauma? 22 A I have had no car crashes or 198 1 physical trauma. I would like to say on the 2 record that the fact -- the questions you 3 have asked me over the course of this 4 deposition -- whether I have ever had a 5 traffic accident, whether I have ever in my 6 entire life perhaps used some sort of drug, 7 whether I am on medication, whether I have 8 had an accident. 9 Your consistent badgering as to my 10 memory all prove what I believe but was 11 willing to suspend when I came in here, 12 which is that this is harassment and a 13 frivolous -- a frivolous exercise, but I will 14 continue to try to answer the questions to 15 the best of my ability, as I have. 16 MR. KLAYMAN: Certify this. 17 BY MR. KLAYMAN: 18 Q The question was, have you had any 19 kind of physical trauma since you left the 20 White House, car accident, anything of that 21 nature, fall downstairs? 22 A Could you read my last answer, 199 1 please? I'm sorry. 2 Q Yes or no? 3 A I already answered. 4 Q I didn't hear it. 5 A Well, then that's because you 6 weren't listening, because you were talking. 7 Q Do you want to answer it and make 8 it easy? 9 A No, I'd like the court reporter to 10 read my answer where I already answered it. 11 Q That wasn't an answer. 12 A You didn't listen. I mean at least 13 be professional. 14 MR. KLAYMAN: Certify it. 15 BY MR. KLAYMAN: 16 Q Do you want to get all your insults 17 out at the beginning of the afternoon 18 session, feel free. 19 A No, I -- 20 Q We can move this thing along. 21 A If you would have listened, you 22 would have answer heard my answer. 200 1 Q Play back his answer. 2 (The reporter read the record 3 as requested.) 4 BY MR. KLAYMAN: 5 Q Have you had any kind of emotional 6 trauma that could affect your memory, 7 personal loss, anything to that effect, since 8 you've left the White House? 9 A The answer to that question is no 10 again and I would submit one more time that 11 this has nothing to do with the FBI files 12 matter, which happened in June 1996, which 13 was before I went to the -- before I left the 14 White House. 15 I also testified before the House 16 Government Oversight Committee and I believe 17 the Office of Independent Counsel on this 18 matter at that time and gave full and 19 complete testimony, which I assume at least 20 the house transcript was available for your 21 review. 22 But you're choosing to ignore any
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