IN THE DISTRICT COURT OF THE DISTRICT OF COLUMBIA - - - - - - - - - - - - - - -x : JUDICIAL WATCH, INC. : : Plaintiff, : : v. : Civil Action No. : 95-0133 : U.S. DEPARTMENT OF COMMERCE, : Volume 4 : Defendant. : : - - - - - - - - - - - - - - -x Washington, D.C. Monday, May 3, 1999 Deposition of JOHN HUANG a witness of lawful age, taken on behalf of the Plaintiff in the above-entitled action, before Rita M. Hemphill, Notary Public in and for the District of Columbia, in the Chambers of Magistrate Judge John M. Facciola, U.S. District Court, 3rd and Constitution, N.W., Washington, D.C. commencing at 10:08 a.m. 2 APPEARANCES: On Behalf of the Plaintiff: LARRY KLAYMAN, ESQ. Chairman and General Counsel Judicial Watch, Inc. 501 School Street, S.W., Suite 725 Washington, D.C. 20024 On Behalf of the Defendant: MARINA UTGOFF BRASWELL Assistant United States Attorney U.S. Attorney's Office 555 Fourth Street, N.W. 12th Floor Washington, D.C. 20001 ELISE PACKARD, ESQ. Office of the General Counsel U.S. Department of Commerce 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230 On Behalf of the Deponent: TY COBB, ESQ. JOHN C. KEENEY, JR., ESQ. Hogan & Hartson, LLP 555 13th Street, N.W. Washington, D.C. 20004 Also present: Thomas Fitton, President, Judicial Watch Jason Aldrich, Esq., Judicial Watch 3 C O N T E N T S EXAMINATION BY: PAGE Counsel for Plaintiff 6 HUANG DEPOSITION EXHIBITS: No. 40 Memorandum to Ann Hughes, et al., from Charles Meissner, Subject: Principal Deputy Assistant Secretary John Huang's Arrival 18 No. 41 Memorandum of January 31, 1994 to H. James Reese, Personnel Officer, Office of Human Resources, from Paul A. Buskirk, Chief, Personnel Security Operations Division, Office of Security, Subject: Waiver Request for John (NMN) Huang 24 No. 42 Executive Branch Personnel Public Financial Disclosure Report 26 No. 43 John Huang, resume of background and qualifications 26 No. 44 Letter dated February 17, 1993 to John Emerson from David Roberti and Maely Tom 35 No. 45 Handwritten note to Jerry Stern from John Huang re: Charles DeQueujoe 38 No. 46 Memorandum for Bruce R. Lindsey from Gary Christopherson, Associate Director, Presidential Personnel, dated October 18, 1993, re: John Huang, Deputy Assistant Secretary for East Asia and the Pacific, International Trade Administration, U.S. Department of Commerce, SES Position 40 No. 47 Memorandum for Bruce Lindsey from Gary Christopherson, Associate Director, Presidential Personnel, Eileen Parisi, White House Liaison, Department of Commerce, dated December 6, 1993 48 4 HUANG DEPOSITION EXHIBITS: No. 48 Memorandum to William H. Kennedy, III, Associate Counsel, from Peg Clark, re: SES Appointment at Department of Commerce, December 30, 1993, and essential information, position and agency personal, data and contact information 49 No. 49 Presidential Transition Resume Routing Form, James Riady, January 11, 1993 53 No. 50 Letter dated January 7, 1992 to Mochtar Riady from Ron Brown 54 No. 51 Letter dated January 7, 1993 to Ron Brown from John Huang 61 No. 52 Letter dated September 10, 1993 to Ron Brown from John Huang 63 No. 53 Scheduling recommendation 64 No. 54 Letter of October 20, 1993 to James Riady from C.J. Giroir, Jr. 70 No. 55 Letter dated October 7, 1993 to Jack Quinn from John Huang 76 No. 56 Letter dated August 30, 1994 to Giroir from Terry Ogletree 85 No. 57 Letter dated November 25, 1997 to Larry Klayman from Brian DiGiacomo, with attachments 89 No. 58 Article dated July 25, 1997 by Pete Yost, "White House Had Controversial Guest" 95 No. 59 Washington Post article dated November 14, 1997 by Bob Woodward, "FBI Had Overlooked Key Files in Probe of Chinese Influence" 131 No. 60 Facsimile sent to John Huang by Melinda Yee 183 5 HUANG DEPOSITION EXHIBITS: No. 61 Memorandum dated September 21, 1994 to John Huang from Joe Hanna, re: Arkansas Delegation List 183 No. 62 Memorandum to Mack McLarty and John Podesta from Bruce Lindsey, re: Arkansas Delegation to APEC 184 No. 63 Memorandum dated September 29, 1994 to Jeffrey Garten from Charles Meissner re: Our missed breakfast and dinner and memorandum for Chuck Meissner from Jeffrey Garten of October 4, 1994 195 No. 64 Washington Times article dated April 9, 1999 by Jerry Seper, "Chinese Money was routed through Lippo Link to the Clinton Campaign" 213 No. 65 Washington Times article dated July 1, 1997 by Jerry Seper, "Did Huang's briefings put lives at risk? Solomon wants White House to talk," 227 No. 66 Wall Street Journal article November 13, 1996, "Huang Talked to Fundraisers While Working at Commerce" 238 No. 67 Memorandum dated April 9, 1996 to John Huang from Maely Tom 272 No. 68 Memorandum dated February 10, 1995 to Mary Ann McFate from John Huang re: Freedom of Information requests 275 No. 69 Document inventory for Ira Sockowitz 283 No. 70 Floor plan of Stephens Inc. 289 No. 71 John Huang's offices at Commerce and Stephens Inc. 290 No. 72 Photocopies of three photographs 312 6 1 P R O C E E D I N G S 2 THE VIDEOGRAPHER: Good morning. This is the 3 continuing deposition of John Huang taken by the counsel for 4 the Plaintiff in the matter of Judicial Watch, Inc. v. U.S. 5 Department of Commerce, Case No. 95-0133 on this date, May 3, 6 1999, and at the time indicated on the video screen, which is 7 10:03 a.m. 8 MR. KLAYMAN: Larry Klayman, General Counsel and 9 Chairman for Judicial Watch. 10 MR. FITTON: Tom Fitton, President, Judicial Watch. 11 MR. COBB: Ty Cobb and Jack Keeney on behalf of the 12 deponent, John Huang. 13 MS. BRASWELL: Marina Braswell from the U.S. 14 Attorney's office on behalf of the Department of Commerce. 15 MS. PACKARD: Elise Packard, Office of the General 16 Counsel, Department of Commerce. 17 Whereupon, 18 JOHN HUANG 19 was recalled as a witness and, after having been previously 20 duly sworn, was examined and testified further as follows: 21 EXAMINATION BY COUNSEL FOR PLAINTIFF (RESUMED) 22 BY MR. KLAYMAN: 23 Q Mr. Huang, you are aware that you are still under 24 oath? 25 A Yes, sir. 7 1 Q I want to refer back to a deposition exhibit, 2 Huang Exhibit 17, which we showed to you during the last 3 deposition, the third part of your continuing deposition. 4 I'm showing you Exhibit 17, which consists of 5 Bates number 755, 756, 757 and 758, four pages. The Bates 6 number, that's the number at the bottom of the right-hand 7 column, 757 -- 8 Excuse me, Your Honor. 9 (Pause.) 10 I'm showing you that exhibit and the Bates number 11 757, do you see where it says "Draft" at the top and there is 12 an "Okay" underneath it? 13 A Mm-hmm. 14 Q Do you see that? 15 A Yes. 16 Q Okay. And then there is an arrow pointing to the 17 okay. 18 A Mm-hmm. 19 Q Did you make that marking on that document? 20 MR. COBB: Respectfully invoke, Your Honor, 21 consistent with the phraseology of -- 22 JUDGE FACCIOLA: May I please see the document? 23 The invocation of the privilege is sustained. 24 MR. COBB: Your Honor, just for the record, can it 25 be understood that when we invoke the privilege, we're 8 1 invoking it as he articulated it in response to the initial 2 questioning? 3 JUDGE FACCIOLA: That is expressly understood. 4 MR. COBB: Thank you, Your Honor. 5 MR. KLAYMAN: If I may take one moment. 6 THE VIDEOGRAPHER: We're going off video 7 record at 10:07. 8 (A brief recess was taken.) 9 THE VIDEOGRAPHER: We're back on video record 10 at 10:09. 11 MR. KLAYMAN: Now, I'm going to ask, Mr. Huang, 12 that we lay out in front of you Exhibits 32, 34, 35, 13 36, 37 and 38. We'll see if we can give you enough room 14 there. 15 MR. COBB: And not 33, Larry? 16 MR. KLAYMAN: Not for the moment. 17 MR. COBB: Okay. 32 and 34, 35 -- 36, 37 -- and 18 38? I'm sorry. 19 MR. KLAYMAN: Yes. 20 MR. COBB: Got it. 21 BY MR. KLAYMAN: 22 Q I'll turn your attention first to Exhibit 35. It's 23 a chronology, a Huang chronology. 24 MS. BRASWELL: What deposition number? 25 MR. KLAYMAN: 35. 9 1 BY MR. KLAYMAN: 2 Q The first entry on the second page under 1994, 3 January 31, 1994, wherein it states, "Secretary Brown sends 4 a memo that it's urgent to get clearance for John Huang 5 and that it be granted to him pending that he get a full 6 background in the future. FBI says they never did a 7 background." 8 Mr. Huang, did Ron Brown send a memorandum asking 9 for emergency security clearance for you in January, on or 10 about the 31st, of 1994? 11 MR. COBB: Respectfully invoke, Your Honor. 12 THE WITNESS: I invoke my privilege. 13 JUDGE FACCIOLA: The invocation of the privilege is 14 sustained. 15 BY MR. KLAYMAN: 16 Q Is it correct and do you have any knowledge as to 17 whether or not the FBI ever did a background check about you? 18 A I invoke my privilege. 19 JUDGE FACCIOLA: The invocation of the privilege is 20 sustained. 21 BY MR. KLAYMAN: 22 Q The entry of February 18, 1994, do you know whether 23 or not Melinda Lee called Wright, Lindsey and Jennings on 24 February 18, 1994? 25 A I invoke my privilege. 10 1 JUDGE FACCIOLA: The invocation of the privilege is 2 sustained. 3 BY MR. KLAYMAN: 4 Q The entry of March 28, 1994, "Mark Middleton calls 5 John Huang." And I turn your attention to Exhibit 34. 6 MR. COBB: Is there a page? 7 MR. KLAYMAN: Yes, I guess it doesn't have this 8 one. 9 MR. COBB: That's okay. 10 MR. KLAYMAN: Yes, it does. 11 BY MR. KLAYMAN: 12 Q Let me just ask the question, simply, did Mark 13 Middleton ever call you on or about March 28, 1994? 14 A I invoke my privilege. 15 JUDGE FACCIOLA: The invocation of the privilege is 16 sustained. 17 BY MR. KLAYMAN: 18 Q Who is Mark Middleton, Mr. Huang? 19 A I invoke my privilege. 20 JUDGE FACCIOLA: The invocation of the privilege is 21 sustained. 22 BY MR. KLAYMAN: 23 Q Is Mark Middleton a Democratic Party fundraiser? 24 A I invoke my privilege. 25 JUDGE FACCIOLA: The invocation of the privilege is 11 1 sustained. 2 BY MR. KLAYMAN: 3 Q Mark Middleton participated and/or attended the 4 trade mission to China in 1994, correct? 5 A I invoke my privilege. 6 JUDGE FACCIOLA: The invocation of the privilege is 7 sustained. 8 BY MR. KLAYMAN: 9 Q The entry of May 31, 1994, "Melinda Yee calls 10 Mitchell Selig law firm in Arkansas," which is Jim Guy 11 Tucker's law firm. 12 Are you aware that Melinda Yee called the Mitchell 13 Selig law firm in Arkansas on May 31, 1994? 14 A I invoke my privilege. 15 JUDGE FACCIOLA: The invocation of the privilege is 16 sustained. 17 BY MR. KLAYMAN: 18 Q Do you know whether or not the Mitchell Selig law 19 firm in Arkansas is Jim Guy Tucker's law firm? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q You are aware that at the time Melinda Yee was a 25 political appointee at the Department of Commerce, correct? 12 1 A I invoke my privilege. 2 JUDGE FACCIOLA: The invocation of the privilege is 3 sustained. 4 BY MR. KLAYMAN: 5 Q And you are aware that she went on the trade 6 mission to China in 1994? 7 A I invoke my privilege. 8 JUDGE FACCIOLA: The invocation of the privilege is 9 sustained. 10 BY MR. KLAYMAN: 11 Q The next page, entry of June 1994, do you 12 know whether or not in June 1994 a memo was sent from an 13 individual by the name of Chris Brown, Business Manager 14 for Entergy Power Development Group, which discussed a 15 meeting with Commerce officials regarding Entergy's China 16 projects? 17 A I invoke my privilege. 18 JUDGE FACCIOLA: The invocation of the privilege is 19 sustained. 20 BY MR. KLAYMAN: 21 Q Who is Chris Brown? 22 A I invoke my privilege. 23 Q Did he work for Entergy Corporation at the time? 24 A I invoke my privilege. 25 JUDGE FACCIOLA: The invocation of the privilege is 13 1 sustained as to both questions. 2 BY MR. KLAYMAN: 3 Q On or about June 29, 1994, you were called by David 4 Wilhelm, the chairman of the Democratic Party, twice. Is 5 that not correct? 6 A I invoke my privilege. 7 JUDGE FACCIOLA: The invocation of the privilege is 8 sustained. 9 BY MR. KLAYMAN: 10 Q On or about July 15, 1994, Melinda Yee called 11 LippoBank in Jakarta two times, correct? 12 A I invoke my privilege. 13 JUDGE FACCIOLA: The invocation of the privilege is 14 sustained. 15 BY MR. KLAYMAN: 16 Q On or about July 19, 1994, you, John Huang, 17 attended a meeting on Indonesian trade issues. At the time, 18 you worked for the Commerce Department, correct? 19 A I invoke my privilege. 20 JUDGE FACCIOLA: The invocation of the privilege is 21 sustained. 22 MR. COBB: Not withstanding that, can we invoke 23 your procedure briefly for a procedural -- 24 JUDGE FACCIOLA: Yes. The problem we're having 25 this morning is -- 14 1 MR. COBB: We don't have a separate court reporter? 2 JUDGE FACCIOLA: Yes, we do. We just have to give 3 her a call. 4 (Pause.) 5 MR. COBB: Your Honor, I'm content to proceed until 6 she gets here, if that's -- 7 JUDGE FACCIOLA: No, we're going to use this -- 8 MR. COBB: Okay. Fine. Thank you. 9 JUDGE FACCIOLA: She's portable. She can come in. 10 THE VIDEOGRAPHER: We're going off video record 11 at 10:15. 12 (A brief recess was taken.) 13 THE VIDEOGRAPHER: We're back on video record 14 at 10:20. 15 BY MR. KLAYMAN: 16 Q Mr. Huang, I'm going to ask that you turn to page 17 94063 of Exhibit 32, which is your appointment book of 1994. 18 It's the week of July 18th. 19 Before I ask you about July 19th, this calendar 20 book, 94063, that's the page of July 18th, let me ask you 21 about the first column, which is Monday, July 18th. It lists 22 at the top at 7:15 and 7:30, "Huang's first day." 23 Is that the first day that you began work at the 24 Commerce Department? 25 A I invoke my privilege. 15 1 JUDGE FACCIOLA: The invocation of the privilege 2 will be sustained. 3 MR. COBB: Just for clarification, I think -- I 4 could be wrong, but just for clarification, so the record is 5 accurate, at least the document in front of us indicates that 6 was on the 18th. 7 MR. KLAYMAN: That's what I meant, the 18th. 8 MR. COBB: I'm sorry. I thought you said the 19th. 9 MR. KLAYMAN: Yes. I was flipping back to the 10 18th. 11 MR. COBB: Okay. 12 BY MR. KLAYMAN: 13 Q Whose handwriting is that at 7:15 and 7:30, 14 Mr. Huang? 15 A I invoke my privilege. 16 JUDGE FACCIOLA: The invocation of the privilege 17 will be sustained. 18 BY MR. KLAYMAN: 19 Q Is that your handwriting or your secretary's 20 handwriting? 21 A I invoke my privilege. 22 JUDGE FACCIOLA: The invocation of the privilege is 23 sustained. 24 BY MR. KLAYMAN: 25 Q At 9:15 it says "Staff introduction at 9:15." 16 1 Were you introduced to the staff at 9:15? 2 A I invoke my privilege. 3 Q Whose handwriting is that at 9:15? 4 A I invoke my privilege. 5 JUDGE FACCIOLA: The invocation of the privilege is 6 sustained. 7 BY MR. KLAYMAN: 8 Q Can you read the handwriting at 9:30? 9 A I invoke my privilege. 10 JUDGE FACCIOLA: The invocation of the privilege is 11 sustained. 12 BY MR. KLAYMAN: 13 Q At 10:45, it says "Nancy overview." 14 Was that in reference to Nancy Linn Patton? 15 A I invoke my privilege. 16 JUDGE FACCIOLA: The invocation of the privilege is 17 sustained. 18 BY MR. KLAYMAN: 19 Q Did you know Nancy Linn Patton before you began to 20 work at the Commerce Department? 21 A I invoke my privilege. 22 JUDGE FACCIOLA: The invocation of the privilege is 23 sustained. 24 BY MR. KLAYMAN: 25 Q Was she one of the Asian-American appointees that 17 1 you recommended to the Clinton administration for 2 appointment? 3 A I invoke my privilege. 4 JUDGE FACCIOLA: The invocation of the privilege is 5 sustained. 6 BY MR. KLAYMAN: 7 Q Ms. Patton was to work at the Commerce Department 8 concerning Asia, correct? 9 A I invoke my privilege. 10 JUDGE FACCIOLA: The invocation of the privilege is 11 sustained. 12 BY MR. KLAYMAN: 13 Q And you worked closely with her at the Commerce 14 Department, correct? 15 A I invoke my privilege. 16 JUDGE FACCIOLA: The invocation of the privilege is 17 sustained. 18 BY MR. KLAYMAN: 19 Q And Ms. Patton knows many of the things that you 20 did when you were at the Commerce Department, correct? 21 A I invoke my privilege. 22 JUDGE FACCIOLA: The invocation of the privilege is 23 sustained. 24 BY MR. KLAYMAN: 25 Q At 3:15 on July 18th, it says "Security briefings." 18 1 Did you have a security briefing on that day? 2 A I invoke my privilege. 3 JUDGE FACCIOLA: The invocation of the privilege is 4 sustained. 5 BY MR. KLAYMAN: 6 Q And at 6:00 p.m. it says "U/S Staff meeting 7 room 385." 8 Did you participate in a staff meeting on that day? 9 A I invoke my privilege. 10 JUDGE FACCIOLA: Excuse me just a second. 11 (Pause.) 12 JUDGE FACCIOLA: I'm sorry. Please go ahead. 13 MR. KLAYMAN: I'll show you what I'll ask the court 14 reporter to mark as the next exhibit. 15 MS. BRASWELL: I have the last one as Exhibit 39, 16 it's a photograph. 17 MR. KLAYMAN: Then we'll mark it as 40. 18 (Huang Deposition Exhibit No. 40 19 was marked for identification.) 20 BY MR. KLAYMAN: 21 Q I'm showing you Exhibit 40, Mr. Huang. This is a 22 memorandum to Ann Hughes, Lou Murphy, Nancy Linn Patton, Karl 23 Reiner, Marge Searing, Frank Vargo, Eleanor Lewis from 24 Charles Meissner, Subject: Principal Deputy Assistant 25 Secretary John Huang's Arrival. It consists of two pages. 19 1 Copy to Rob Stein, Jeffrey Garten, Timothy Hauser, David 2 Rothkopf, Ray Vickery, Lauri Fitz-Pegado, Sue Esserman. 3 Have you seen this document before? 4 A I invoke my privilege. 5 JUDGE FACCIOLA: The invocation of the privilege is 6 sustained. 7 BY MR. KLAYMAN: 8 Q Are the contents of this document correct? 9 A I invoke my privilege. 10 Q Are there any inaccuracies in this document? 11 A I invoke my privilege. 12 JUDGE FACCIOLA: The invocation of the privilege 13 will be sustained. 14 BY MR. KLAYMAN: 15 Q Mr. Huang, are you aware that during the Senate 16 Government Affairs Committee hearings in the fall of 1997 17 Jeffrey Garten testified and stated that you were not 18 qualified to be at the Commerce Department? 19 A I invoke my privilege. 20 Q Do you agree with Mr. Garten? 21 A I invoke my privilege. 22 JUDGE FACCIOLA: The invocation of the privilege is 23 sustained. 24 BY MR. KLAYMAN: 25 Q In fact, Mr. Huang, you have much more 20 1 international experience than Mr. Garten, correct? 2 A I invoke my privilege. 3 JUDGE FACCIOLA: The invocation of the privilege is 4 sustained. 5 BY MR. KLAYMAN: 6 Q And, in fact, you are an expert in Asian matters 7 and international trade, correct? 8 A I invoke my privilege. 9 JUDGE FACCIOLA: The invocation of the privilege is 10 sustained. 11 BY MR. KLAYMAN: 12 Q And you are an expert in banking? 13 A I invoke my privilege. 14 JUDGE FACCIOLA: The invocation of the privilege is 15 sustained. 16 BY MR. KLAYMAN: 17 Q Do you know why Mr. Garten would tell the Senate 18 committee under oath that you had no expertise to be 19 Principal Deputy Assistant Secretary for International 20 Economic Policy? 21 MR. COBB: In addition to the privilege, I have an 22 objection. 23 JUDGE FACCIOLA: What is it? 24 MR. COBB: That calls for him to inhabit 25 Mr. Garten's mind. 21 1 JUDGE FACCIOLA: I'll invoke the privilege and 2 since I have, we'll hear the rest of the question. 3 THE WITNESS: I invoke my privilege. 4 JUDGE FACCIOLA: Sustained. 5 BY MR. KLAYMAN: 6 Q Did you ever have contact with Jeffrey Garten when 7 you were at the Commerce Department? 8 A I invoke my privilege. 9 JUDGE FACCIOLA: The invocation of the privilege is 10 sustained. 11 BY MR. KLAYMAN: 12 Q During the time that you worked at the Commerce 13 Department or thereafter, did you ever become aware that 14 Mr. Garten and another individual by the name of David 15 Rothkopf had concerns about your being at the Department of 16 Commerce? 17 A I invoke my privilege. 18 JUDGE FACCIOLA: The invocation of the privilege 19 will be sustained. 20 BY MR. KLAYMAN: 21 Q Did Mr. Charles Meissner in any way violate the 22 instructions of Jeffrey Garten or David Rothkopf concerning 23 what subject matter you could work on while you were employed 24 by the Department of Commerce? 25 A I invoke my privilege. 22 1 JUDGE FACCIOLA: The invocation of the privilege is 2 sustained. 3 BY MR. KLAYMAN: 4 Q In fact, neither Mr. Garten nor Mr. Rothkopf ever 5 told Mr. Meissner that you could not work on Asian or China 6 matters. 7 A I invoke my privilege. 8 JUDGE FACCIOLA: The invocation of the privilege 9 will be sustained. 10 BY MR. KLAYMAN: 11 Q In fact, the testimony of Mr. Garten which he 12 provided to Congress that you were not to work on Asian or 13 China matters and Mr. Meissner was so instructed is false, 14 correct? 15 A I invoke my privilege. 16 JUDGE FACCIOLA: The invocation of the privilege is 17 sustained. 18 BY MR. KLAYMAN: 19 Q Are you willing to -- 20 I'm sorry, go ahead. 21 MR. COBB: I'm sorry. I apologize for 22 interrupting, Mr. Klayman. 23 Your Honor, I just want to revisit a procedural 24 issue. It was my recollection, and just clarify this for 25 me if I'm wrong, that because of the record that we're 23 1 attempting to fashion here that in the event that either the 2 Department of Commerce has objections unrelated to the 3 invocation of privilege or that we do, that we can preserve 4 those in the event that Your Honor sustains the invocation of 5 privilege, but would have to articulate them separately in 6 the event that the Court does not? Is that -- 7 JUDGE FACCIOLA: I believe that was the 8 understanding we had. 9 Ms. Braswell, is that your recollection? 10 MS. BRASWELL: That was my understanding, 11 Your Honor, that the Court did not require us to make our 12 objections if the Fifth Amendment was being asserted because 13 the Court stated that if the Fifth Amendment privilege is 14 ever overruled then we will revisit the issue of whether or 15 not there are other objections to be made. 16 JUDGE FACCIOLA: Indeed. Thank you very much, 17 Ms. Braswell. 18 That is the mutual understanding under which we 19 are operating. 20 MS. BRASWELL: Consequently, we will not make 21 objections regarding the scope of discovery at this time. 22 JUDGE FACCIOLA: No question. Thank you, 23 Ms. Braswell. 24 MR. KLAYMAN: I'll show you what I'll ask the court 25 reporter to mark as Exhibit 41. It's a memorandum of January 24 1 31, 1994 to H. James Reese, Personnel Officer, Office of 2 Human Resources, from Paul A. Buskirk, Chief, Personnel 3 Security Operations Division, Office of Security, Subject: 4 Waiver Request for John -- paren, something's in there -- 5 Huang, H-u-a-n-g. 6 (Huang Deposition Exhibit No. 41 7 was marked for identification.) 8 BY MR. KLAYMAN: 9 Q Mr. Huang, I'm showing you Exhibit 41. Have you 10 ever seen this document before? 11 A I invoke my privilege. 12 JUDGE FACCIOLA: The invocation of the privilege is 13 sustained. 14 BY MR. KLAYMAN: 15 Q Did you have to fill out any paperwork to get 16 your request for a waiver of security clearance -- waiver 17 of background investigation. Excuse me. 18 A I invoke my privilege. 19 JUDGE FACCIOLA: The invocation of the privilege is 20 sustained. 21 BY MR. KLAYMAN: 22 Q What date were you born? 23 A I invoke my privilege. 24 JUDGE FACCIOLA: Hold on just a second. 25 Gentlemen, might I suggest, to move this along, 25 1 would you gentlemen be willing to stipulate with Mr. Klayman 2 independently of his testimony the date of your client's 3 birth? 4 MR. KEENEY: Your Honor, could we invoke the 5 procedure? 6 MR. COBB: I think we have to explain that to you. 7 There's a hidden issue here. 8 MR. KEENEY: Typically, yes, but there's a separate 9 issue, Your Honor. 10 MR. COBB: And in order -- on something like this, 11 maybe we should defer it until there's -- 12 JUDGE FACCIOLA: Well, no, I assume it's 13 preliminary to another question. We'll have to deal with 14 it. 15 THE VIDEOGRAPHER: We're going off video record 16 at 10:31. 17 (A brief recess was taken.) 18 THE VIDEOGRAPHER: We're back on video record 19 at 10:35. 20 JUDGE FACCIOLA: For the reasons stated at the 21 in camera conference, the invocation of the privilege will be 22 sustained. 23 MR. KLAYMAN: Mr. Huang, I'm going to show you what 24 I'll ask the court reporter to mark as Exhibit 42 and another 25 document which I'll ask be marked Exhibit 43. 26 1 (Huang Deposition Exhibit No. 42 2 and No. 43 were marked for 3 identification.) 4 BY MR. KLAYMAN: 5 Q Mr. Huang, when you applied for your position at 6 the Commerce Department, what date did you list as your birth 7 date? 8 A I invoke my privilege. 9 JUDGE FACCIOLA: The invocation of the privilege is 10 sustained. 11 BY MR. KLAYMAN: 12 Q Is it correct that you listed, as set forth in 13 Exhibit 43, a date of April 14, 1945? 14 A I invoke my privilege. 15 JUDGE FACCIOLA: The invocation of the privilege is 16 sustained. 17 BY MR. KLAYMAN: 18 Q Is Exhibit 43 a resume of your background and 19 qualifications consisting of pages Bates numbered 1710 to 20 1713? 21 A I invoke my privilege. 22 JUDGE FACCIOLA: The invocation of the privilege is 23 sustained. 24 BY MR. KLAYMAN: 25 Q On Exhibit 43, it lists your permanent address 27 1 as 10101 Leder Road, Silver Spring, Maryland 20902 U.S.A. 2 Is that your permanent address in the District of Columbia 3 area? 4 A I invoke my privilege. 5 Q You previously told this Court that you had no 6 permanent address in the D.C. area, correct? 7 A I invoke my privilege. 8 JUDGE FACCIOLA: The invocation of the privilege is 9 sustained. 10 BY MR. KLAYMAN: 11 Q Who lives at that address, at 10101 Leder Road? 12 A I invoke my privilege. 13 JUDGE FACCIOLA: The invocation of the privilege is 14 sustained. 15 BY MR. KLAYMAN: 16 Q Who lived at that address at the time this resume 17 was prepared, Exhibit 43? 18 A I invoke my privilege. 19 Q Who lives there now? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained as to both instances. 23 BY MR. KLAYMAN: 24 Q Is the information provided on Exhibit 43, was it 25 provided by you? 28 1 A I invoke my privilege. 2 Q Is it accurate? 3 A Again, I invoke my privilege. 4 JUDGE FACCIOLA: The invocation of the privilege is 5 sustained as to both questions. 6 BY MR. KLAYMAN: 7 Q Does it omit any material aspects of your prior 8 background and qualifications? 9 A I invoke my privilege. 10 JUDGE FACCIOLA: The invocation of the privilege is 11 sustained. 12 BY MR. KLAYMAN: 13 Q Is Exhibit 43 complete with regard to your prior 14 employment? 15 A I invoke my privilege. 16 JUDGE FACCIOLA: The invocation of the privilege is 17 sustained. 18 BY MR. KLAYMAN: 19 Q The last page of the resume, Exhibit 43, says 20 fluent in both English and Chinese. Is that correct? 21 A I invoke my privilege. 22 Q Are you fluent in five dialects of Chinese? 23 A I invoke my privilege. 24 Q Do you speak Cantonese as well as Mandarin? 25 A I invoke my privilege. 29 1 JUDGE FACCIOLA: The invocation of the privilege is 2 sustained. 3 BY MR. KLAYMAN: 4 Q Do you speak Japanese? 5 A I invoke my privilege. 6 JUDGE FACCIOLA: The invocation of the privilege is 7 sustained. 8 MR. COBB: Just so the record is clear, Your Honor, 9 there were a series of questions. I take it the record 10 should reflect that the Your Honor has sustained the 11 invocation as to each of those? 12 JUDGE FACCIOLA: I certainly did. Yes. 13 MR. COBB: Thank you, Your Honor. 14 BY MR. KLAYMAN: 15 Q Returning to Exhibit 41, the second paragraph, 16 "Huang is granted this waiver due to the critical need for 17 his expertise in the new administration for Secretary Brown." 18 Is that a correct statement? 19 A I invoke my privilege. 20 JUDGE FACCIOLA: The invocation of the privilege is 21 sustained. 22 BY MR. KLAYMAN: 23 Q What knowledge do you have, if any, of the critical 24 need for your expertise in the new administration for 25 Secretary Brown? 30 1 A I invoke my privilege. 2 JUDGE FACCIOLA: The invocation of the privilege is 3 sustained. 4 BY MR. KLAYMAN: 5 Q The third paragraph says "Appropriate paperwork has 6 been processed to initiate a background investigation." 7 What paperwork is being referred to? 8 A I invoke my privilege. 9 Q Then it says, "The Office of Security completed 10 favorable pre-appointment checks on Huang." 11 Who do you know of, if anyone, that participated 12 from the Office of Security in completing favorable 13 pre-appointment checks on you? 14 A I invoke my privilege. 15 JUDGE FACCIOLA: The invocation of the privilege is 16 sustained. 17 BY MR. KLAYMAN: 18 Q Were you notified by the Office of Security that 19 favorable pre-appointment checks were performed on you? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q The last paragraph, "Accordingly, an interim top 25 secret clearance is hereby granted Huang to enable him to 31 1 perform his duties. Final clearance will be held in abeyance 2 pending the results of Huang's background investigation." 3 Is that an accurate statement, those two sentences? 4 A I invoke my privilege. 5 JUDGE FACCIOLA: The invocation of the privilege is 6 sustained. 7 BY MR. KLAYMAN: 8 Q Why was it necessary for you to have an interim top 9 secret clearance to enable you, Mr. Huang, to perform your 10 duties? 11 A I invoke my privilege. 12 JUDGE FACCIOLA: The invocation of the privilege is 13 sustained. 14 BY MR. KLAYMAN: 15 Q Was final clearance ever granted to you in terms of 16 your top secret clearance? 17 A I invoke my privilege. 18 Q Who granted that top secret clearance? 19 A I invoke my privilege. 20 JUDGE FACCIOLA: The invocation of the privilege is 21 sustained. 22 BY MR. KLAYMAN: 23 Q I'm showing you Exhibit 42, which is an Executive 24 Branch Personnel Public Financial Disclosure Report. It 25 lists your name, Huang, and John. Is that your handwriting 32 1 on this document? 2 A I invoke my privilege. 3 JUDGE FACCIOLA: The invocation of the privilege is 4 sustained. 5 BY MR. KLAYMAN: 6 Q Was this document prepared in furtherance of your 7 security clearance? 8 A I invoke my privilege. 9 JUDGE FACCIOLA: The invocation of the privilege is 10 sustained. 11 BY MR. KLAYMAN: 12 Q Does this document accurately list all of your 13 assets and liabilities? 14 A I invoke my privilege. 15 JUDGE FACCIOLA: The invocation of the privilege is 16 sustained. 17 BY MR. KLAYMAN: 18 Q Does it accurately list all your assets? 19 A I invoke my privilege. 20 JUDGE FACCIOLA: The invocation of the privilege is 21 sustained. 22 BY MR. KLAYMAN: 23 Q Have you ever applied for visa applications for 24 China and Korea? 25 A I invoke my privilege. 33 1 JUDGE FACCIOLA: The invocation of the privilege is 2 sustained. 3 BY MR. KLAYMAN: 4 Q Were these visa applications lodged with the United 5 States Government? 6 A I invoke my privilege. 7 JUDGE FACCIOLA: The invocation of the privilege is 8 sustained. 9 BY MR. KLAYMAN: 10 Q And is it not true that you stated, John Huang, on 11 these visa applications for China and Korea that you were 12 born in 1941? 13 A I invoke my privilege. 14 JUDGE FACCIOLA: The invocation of the privilege is 15 sustained. 16 BY MR. KLAYMAN: 17 Q Why did you write on these visa applications to 18 China and Korea that you were born in 1941? 19 A I invoke my privilege. 20 JUDGE FACCIOLA: The invocation of the privilege is 21 sustained. 22 BY MR. KLAYMAN: 23 Q Have you ever stated on any documents filed with 24 the United States Government that you were born in the 25 Chinese province of Zhe Jiang, Z-h-e J-i-a-n-g? 34 1 A I invoke my privilege. 2 JUDGE FACCIOLA: The invocation of the privilege is 3 sustained. 4 BY MR. KLAYMAN: 5 Q Have you ever stated on other documents lodged with 6 the United States Government that you were born in the 7 coastal province of Fujian, F-u-j-i-a-n? 8 A I invoke my privilege. 9 JUDGE FACCIOLA: The invocation of the privilege is 10 sustained. 11 BY MR. KLAYMAN: 12 Q Fujian is the province of the Riady family, is it 13 not? Where they were born? 14 A I invoke my privilege. 15 JUDGE FACCIOLA: The invocation of the privilege is 16 sustained. 17 MR. KLAYMAN: I'll show you what I'll ask the court 18 reporter to mark as Exhibit 44. 19 Exhibit 44 is a letter of February 17, 1993 to 20 Mr. John Emerson, Deputy Assistant to the President and 21 Deputy Director of Presidential Personnel at the White House. 22 It's on the letterhead of the State of California from David 23 Roberti, President Pro Tem, and Maeley Tom, M-a-e-l-e-y Tom, 24 Administrative Director. It consists of Bates numbers 52763 25 through and including 52769. 35 1 (Huang Deposition Exhibit No. 44 2 was marked for identification.) 3 BY MR. KLAYMAN: 4 Q Have you ever seen this document before, Mr. Huang? 5 A I invoke my privilege, Mr. Klayman. 6 JUDGE FACCIOLA: The invocation of the privilege is 7 sustained. 8 BY MR. KLAYMAN: 9 Q Do you know Elaine Chao, C-h-a-o? 10 A I invoke my privilege. 11 JUDGE FACCIOLA: The invocation of the privilege is 12 sustained. 13 BY MR. KLAYMAN: 14 Q As stated on page 052765, with regard to Melinda 15 Yee, is it your opinion that she's a savvy political insider 16 due to her experience as the chief lobbyist for the National 17 Organization of Chinese Americans in the District of 18 Columbia, as well as her experience as Director of 19 Constituencies for the Democratic National Committee? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q Turning to Bates numbers 52768, wherein it talks 25 about John Huang, this is an area of the document dealing 36 1 with political recommendations, "John Huang," it states, 2 "Executive Vice President of LippoBank, is the political 3 power that advises the Riady family on issues and where to 4 make contributions." 5 That's a correct statement, is it not? 6 A I invoke my privilege. 7 JUDGE FACCIOLA: The invocation of the privilege is 8 sustained. 9 BY MR. KLAYMAN: 10 Q It then states, "They invested heavily in the 11 Clinton campaign." 12 That is correct, is it not? 13 A I invoke my privilege. 14 Q It then states, "John is the Riady family's 15 top priority for placement because he is like one of their 16 own." 17 That is correct, is it not? 18 A I invoke my privilege. 19 JUDGE FACCIOLA: The invocation of the privilege is 20 sustained. 21 BY MR. KLAYMAN: 22 Q It then states down in the paragraph, "A good 23 friend of Ron Brown, John's appointment would be highly 24 endorsed by the Chinese business community, which has made 25 heavy contributions to the campaign, as well as the 37 1 grassroots political activists who appreciate John's efforts 2 to bring the two factions together." 3 That is correct, is it not? 4 A I invoke my privilege. 5 Q It then states, "John is a new breed of Asian 6 Democrat who will help the Asian-Pacific community become as 7 effective as the Jewish constituents within the political 8 arena." 9 That is a correct statement, is it not? 10 A I invoke my privilege. 11 Q In fact, your mission in assisting the Democratic 12 Party with fundraising concerning Asian-Pacific Americans was 13 to do for that group what Jewish-Americans had done for 14 themselves in terms of asserting political influence, 15 correct? 16 A I invoke my privilege. 17 JUDGE FACCIOLA: The invocation of the privilege is 18 sustained. 19 BY MR. KLAYMAN: 20 Q Do you know a Maeley Tom? 21 A I invoke my privilege. 22 JUDGE FACCIOLA: The invocation of the privilege is 23 sustained. 24 MR. KLAYMAN: I'll show you what I'll ask the 25 court reporter to mark as Exhibit 45. 38 1 (Huang Deposition Exhibit No. 45 2 was marked for identification.) 3 BY MR. KLAYMAN: 4 Q Exhibit 45 is a handwritten note which you 5 prepared yourself in your handwriting, Mr. Huang, is it 6 not? 7 A I invoke my privilege. 8 JUDGE FACCIOLA: The invocation of the privilege is 9 sustained. 10 BY MR. KLAYMAN: 11 Q And it was prepared in furtherance of your getting 12 the position with the Clinton Administration after the 13 election in 1992, correct? 14 A I invoke my privilege. 15 Q It is written from you to Mr. Jerry Stern, correct? 16 A I invoke my privilege. 17 JUDGE FACCIOLA: The invocation of the privilege is 18 sustained. 19 BY MR. KLAYMAN: 20 Q Is Mr. Jerry Stern a friend? 21 A I invoke my privilege. 22 Q Where did he work? 23 A Again, I invoke my privilege. 24 JUDGE FACCIOLA: The invocation of the privilege is 25 sustained in both instances. 39 1 BY MR. KLAYMAN: 2 Q Who is Charles DeQueujoe? 3 A I invoke my privilege. 4 JUDGE FACCIOLA: The invocation of the privilege is 5 sustained. 6 BY MR. KLAYMAN: 7 Q It says at the bottom, "Charles would be interested 8 in the following areas: (1) NSC or (2) Department of State, 9 (Southeast Asia affairs in particular) and, (3) Department of 10 Commerce, also wish to have inputs on PTO." 11 Do you know who PTO was or what that means? What 12 does PTO mean? 13 A I invoke my privilege. 14 JUDGE FACCIOLA: The invocation of the privilege is 15 sustained. 16 BY MR. KLAYMAN: 17 Q Were you and Mr. DeQueujoe interested in getting 18 jobs where you would have access to national security 19 information? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q Why did you want access to national security 25 information? 40 1 A I invoke my privilege. 2 MR. KLAYMAN: I'll show you what I'll ask the court 3 reporter to mark as Exhibit 46. 4 This is a memorandum, Exhibit 46, for Bruce R. 5 Lindsey from Gary Christopherson, Associate Director, 6 Presidential Personnel, dated October 18, 1993, re: John 7 Huang, Deputy Assistant Secretary for East Asia and the 8 Pacific, International Trade Administration, U.S. Department 9 of Commerce, SES position. It consists of two pages, Bates 10 numbers 9340 and 9341. 11 (Huang Deposition Exhibit No. 46 12 was marked for identification.) 13 BY MR. KLAYMAN: 14 Q Have you seen this document before, Mr. Huang? 15 A Mr. Klayman, I invoke my privilege. 16 JUDGE FACCIOLA: The invocation of the privilege is 17 sustained. 18 BY MR. KLAYMAN: 19 Q Is this document accurate? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q Wherein it states background under I. Does that 25 accurately describe the job that you ultimately took at the 41 1 Commerce Department in terms of its duties and 2 responsibilities? 3 A I invoke my privilege. 4 JUDGE FACCIOLA: The invocation of the privilege is 5 sustained. 6 BY MR. KLAYMAN: 7 Q Is it correct that this an SES position reporting 8 to Assistant Secretary for International Economic Policy, 9 Chuck Meissner, if confirmed? 10 A I invoke my privilege. 11 JUDGE FACCIOLA: Just a moment, please. 12 (Pause.) 13 JUDGE FACCIOLA: The invocation of the privilege is 14 sustained. 15 BY MR. KLAYMAN: 16 Q Do you see the handwriting on the top portion of 17 the document, top right-hand portion? Do you see that? 18 A Yes. 19 Q Do you know whose handwriting that is? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q Is that Bruce Lindsey's handwriting? 25 A I invoke my privilege. 42 1 JUDGE FACCIOLA: The invocation of the privilege is 2 sustained in both instances. 3 BY MR. KLAYMAN: 4 Q Is that Gary Christopherson's handwriting? 5 A I invoke my privilege. 6 JUDGE FACCIOLA: The invocation of the privilege is 7 sustained. 8 BY MR. KLAYMAN: 9 Q Is that somebody else's handwriting? 10 A I invoke my privilege. 11 JUDGE FACCIOLA: The invocation of the privilege is 12 sustained. 13 BY MR. KLAYMAN: 14 Q Turn to the second page. It says that you 15 are a member, on the second page, of the Asian-Pacific 16 American Advisory Council on the Democratic National 17 Committee. 18 Was that correct on October 18, 1993, that you 19 were a member of those two organizations? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q It then states, "Huang is recommended by Senator 25 Paul Simon." 43 1 Did he recommend you for your post at the Commerce 2 Department? 3 A I invoke my privilege. 4 JUDGE FACCIOLA: The invocation of the privilege is 5 sustained. 6 BY MR. KLAYMAN: 7 Q Why did Senator Paul Simon recommend you? 8 A I invoke my privilege. 9 JUDGE FACCIOLA: The invocation of the privilege is 10 sustained. 11 BY MR. KLAYMAN: 12 Q In the course of your activities politically, did 13 you ever generate campaign contributions, directly or 14 indirectly, for Senator Paul Simon? 15 A I invoke my privilege. 16 JUDGE FACCIOLA: The invocation of the privilege is 17 sustained. 18 BY MR. KLAYMAN: 19 Q Did you ever make campaign contributions to Senator 20 Paul Simon? 21 A I invoke my privilege. 22 JUDGE FACCIOLA: The invocation of the privilege is 23 sustained. 24 BY MR. KLAYMAN: 25 Q What relationship, if any, does Senator Paul Simon 44 1 have with James and Mochtar Riady? 2 A I invoke my privilege. 3 JUDGE FACCIOLA: The invocation of the privilege is 4 sustained. 5 BY MR. KLAYMAN: 6 Q It also says that you were recommended by Kent 7 Conrad, Democrat from North Dakota. 8 Were you recommended by Kent Conrad for your 9 position at the Commerce Department? 10 A I invoke my privilege. 11 JUDGE FACCIOLA: The invocation of the privilege is 12 sustained. 13 BY MR. KLAYMAN: 14 Q Did you have anything to do with campaign 15 contributions from either yourself, the Lippo Group or the 16 Riady family to Kent Conrad? 17 A I invoke my privilege. 18 Q Were there any such political contributions? 19 A I invoke my privilege. 20 JUDGE FACCIOLA: The invocation of the privilege is 21 sustained. 22 BY MR. KLAYMAN: 23 Q It also said that you were recommended by Maria 24 Haley, H-a-l-e-y. 25 Do you know Maria Haley? 45 1 A I invoke my privilege. 2 JUDGE FACCIOLA: The invocation of the privilege is 3 sustained. 4 BY MR. KLAYMAN: 5 Q What was Ms. Maria Haley's professional job on 6 October 18, 1993? 7 A I invoke my privilege. 8 Q Did she later become the head of the Export-Import 9 Bank? 10 A I invoke my privilege. 11 JUDGE FACCIOLA: The invocation of the privilege is 12 sustained. 13 BY MR. KLAYMAN: 14 Q Did you or others have contact with Ms. Haley to 15 have export financing provided to American companies who made 16 campaign contributions to the Democratic Party or the 17 Clinton-Gore campaigns? 18 A I invoke my privilege. 19 Q Maria Haley and the Export-Import Bank provided 20 export financing to companies that went on subject Commerce 21 Department trade missions, correct? 22 A I invoke my privilege. 23 Q With regard to the trade mission to China in 1994 24 by the Commerce Department, Maria Haley and the Export-Import 25 Bank provided financing to companies which went on that trade 46 1 mission, correct? 2 A I invoke my privilege. 3 JUDGE FACCIOLA: The invocation of the privilege is 4 sustained. 5 BY MR. KLAYMAN: 6 Q One or more of the companies that went on the trade 7 mission to China received export financing for projects which 8 were negotiated in whole or in part as a result of that trade 9 mission to China in exchange for campaign contributions which 10 these companies made to the Democratic Party or the 11 Clinton-Gore campaign. 12 A I invoke my privilege. 13 JUDGE FACCIOLA: The invocation of the privilege is 14 sustained. 15 BY MR. KLAYMAN: 16 Q Do you know a Philip Yun, Y-u-n? 17 A I invoke my privilege. 18 JUDGE FACCIOLA: The invocation of the privilege is 19 sustained. 20 BY MR. KLAYMAN: 21 Q Do you know a Shan Thever, T-h-e-v-e-r, S-h-a-n? 22 A I invoke my privilege. 23 JUDGE FACCIOLA: The invocation of the privilege is 24 sustained. 25 47 1 BY MR. KLAYMAN: 2 Q Did Mr. Philip Yun or Shan Thever ever receive 3 appointments in the Clinton administration? 4 A I invoke my privilege. 5 JUDGE FACCIOLA: The invocation of the privilege is 6 sustained. 7 BY MR. KLAYMAN: 8 Q Mr. Huang, was your appointment as Deputy Assistant 9 Secretary for East Asia and the Pacific, International Trade 10 Administration, U.S. Department of Commerce, or any other 11 appointment to the Department of Commerce delayed to allow 12 certain fundraising events to occur before you were formally 13 appointed? 14 A I invoke my privilege. 15 JUDGE FACCIOLA: The invocation of the privilege is 16 sustained. 17 BY MR. KLAYMAN: 18 Q Is that what's being referred to in the handwriting 19 on the right-hand side at the top of this document? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q Do you know what is meant with the words "check 25 proximity of this job decision with fundraiser"? 48 1 A I invoke my privilege. 2 JUDGE FACCIOLA: The invocation of the privilege is 3 sustained. 4 MR. KLAYMAN: I'll show you what I'll ask the court 5 reporter to mark as the next exhibit. 6 THE COURT REPORTER: 47. 7 MR. KLAYMAN: Exhibit 47 is a memorandum for Bruce 8 Lindsey. It's dated December 6, 1993. Exhibit 46 was dated 9 October 18, 1993. 10 (Huang Deposition Exhibit No. 47 11 was marked for identification.) 12 BY MR. KLAYMAN: 13 Q Have you ever seen Exhibit 47 before? 14 A I invoke my privilege. 15 JUDGE FACCIOLA: The invocation of the privilege is 16 sustained. 17 BY MR. KLAYMAN: 18 Q The fact that this document, Exhibit 47, is dated 19 December 6, 1993 shows that your appointment for a political 20 position at the Commerce Department was delayed until after a 21 fundraiser, correct? 22 A I invoke my privilege. 23 JUDGE FACCIOLA: The invocation of the privilege is 24 sustained. 25 49 1 BY MR. KLAYMAN: 2 Q Who is Jan Piercy, P-i-e-r-c-y? 3 A I invoke my privilege. 4 BY MR. KLAYMAN: 5 Q Do you know Jan Piercy? 6 A I invoke my privilege. 7 Q Who is John Emerson? 8 A I invoke my privilege. 9 Q Do you know John Emerson? 10 A I invoke my privilege. 11 JUDGE FACCIOLA: The invocation of the privilege is 12 sustained as to all of those questions. 13 MR. KLAYMAN: I'll show you what I'll ask the court 14 reporter to mark as Exhibit 48. 15 Exhibit 48 consists of two pages; one is a 16 memorandum to William H. Kennedy, III, Associate Counsel, 17 from Peg Clark, re: SES Appointment at Department of 18 Commerce, December 30, 1993, that's Bates numbers 2123; and 19 the second page is a Bates number 2132 listing essential 20 information, position and agency personal data and contact 21 information. 22 (Huang Deposition Exhibit No. 48 23 was marked for identification.) 24 BY MR. KLAYMAN: 25 Q Have you ever seen either of these two pages of 50 1 documents before? 2 A I invoke my privilege. 3 Q Do you know William Kennedy, III? 4 A I invoke my privilege. 5 Q Have you ever met William Kennedy, III? 6 A I invoke my privilege. 7 JUDGE FACCIOLA: The invocation of the privilege is 8 sustained. 9 BY MR. KLAYMAN: 10 Q Are you aware that Mr. William H. Kennedy, III 11 worked at the Rose Law Firm with Hillary Clinton? 12 A I invoke my privilege. 13 JUDGE FACCIOLA: The invocation of the privilege is 14 sustained. 15 BY MR. KLAYMAN: 16 Q Do you know whether or not William H. Kennedy is a 17 friend of Hillary Clinton? 18 A I invoke my privilege. 19 JUDGE FACCIOLA: The invocation of the privilege is 20 sustained. 21 BY MR. KLAYMAN: 22 Q Do you know who Peg Clark is? 23 A I invoke my privilege. 24 Q Have you ever met Peg Clark? 25 A Again, I invoke my privilege. 51 1 Q Do you know why her name is listed on this 2 document? 3 A I invoke my privilege. 4 JUDGE FACCIOLA: The invocation of the privilege is 5 sustained in each instance. 6 BY MR. KLAYMAN: 7 Q It states below that "President Clinton has 8 approved the following candidate, John Huang, Deputy 9 Assistant Secretary, International Economic Policy, 10 Department of Commerce." 11 President Clinton personally approved your 12 appointment to the Commerce Department, correct? 13 A I invoke my privilege. 14 JUDGE FACCIOLA: The invocation of the privilege is 15 sustained. 16 BY MR. KLAYMAN: 17 Q President Clinton personally recommended your 18 appointment to a position at the Commerce Department, 19 correct? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q Do you know an Alice Smith? 25 A I invoke my privilege. 52 1 JUDGE FACCIOLA: The invocation of the privilege is 2 sustained. 3 BY MR. KLAYMAN: 4 Q Where did Alice Smith work on or about December 30, 5 1993? 6 A I invoke my privilege. 7 JUDGE FACCIOLA: The invocation of the privilege is 8 sustained. 9 BY MR. KLAYMAN: 10 Q The bottom of the second page, 2132, it says Steven 11 Ottenstein, I believe it is. Can you recognize what name 12 that is that's written there? 13 A I invoke my privilege. 14 JUDGE FACCIOLA: The invocation of the privilege is 15 sustained. 16 BY MR. KLAYMAN: 17 Q Is that Steven Ottenstein? 18 A I invoke my privilege. 19 JUDGE FACCIOLA: The invocation of the privilege is 20 sustained. 21 BY MR. KLAYMAN: 22 Q Where did Mr. Steven Ottenstein work on or about 23 the date this document was prepared? 24 A I invoke my privilege. 25 JUDGE FACCIOLA: The invocation of the privilege is 53 1 sustained. 2 BY MR. KLAYMAN: 3 Q Where did he work on or about December 30, 1993? 4 A I invoke my privilege. 5 JUDGE FACCIOLA: The invocation of the privilege is 6 sustained. 7 MR. KLAYMAN: I'll show you what I'll ask the court 8 reporter to mark as Exhibit 49. 9 (Huang Deposition Exhibit No. 49 10 was marked for identification.) 11 BY MR. KLAYMAN: 12 Q Referring to page 2, Exhibit 48, where it says 13 personal data, it says "Political party affiliation: 14 Democrat, campaign experience, fundraising. Domicile 15 California." 16 Is that correct information? 17 A I invoke my privilege. 18 JUDGE FACCIOLA: The invocation of the privilege is 19 sustained. 20 BY MR. KLAYMAN: 21 Q I'm showing you Exhibit 49, this is a Presidential 22 Transition Resume Routing Form from finance, name of 23 applicant, James Riady, January 11, 1993. It consists of two 24 pages, Bates numbers 3540680 and 3540681, the second page 25 being a little summary of the background and qualifications 54 1 of James T. Riady. 2 Have you ever seen Exhibit 49 before, consisting of 3 two pages? 4 MS. BRASWELL: Objection. Your Honor, if I might, 5 I understand that the Court has said that if the Fifth 6 Amendment is pled that other objections are not necessary. 7 On the other hand, there are entire lines of 8 questioning that are clearly outside the scope of discovery 9 and therefore it seems to me that certainly at certain times 10 an objection based on scope of discovery is appropriate for 11 the Court to consider, notwithstanding the invocation of the 12 Fifth Amendment. 13 JUDGE FACCIOLA: Thank you, Ms. Braswell. 14 MS. BRASWELL: And such an objection would be 15 appropriate here. 16 JUDGE FACCIOLA: Why is this relevant Mr. Klayman? 17 MR. KLAYMAN: Let me mark the next exhibit, Exhibit 18 50. 19 (Huang Deposition Exhibit No. 50 20 was marked for identification.) 21 JUDGE FACCIOLA: In the interim, if the witness -- 22 I didn't remember, did the witness -- 23 THE WITNESS: I invoke my privilege. 24 JUDGE FACCIOLA: It clearly will be sustained. 25 MR. KLAYMAN: I'll show you this document, 55 1 Your Honor, but the reason it's relevant is that Mr. Huang 2 was put at the Commerce Department, we believe, to do the 3 work of the Lippo Group, of the Riadys. 4 MS. BRASWELL: Again, Your Honor, how this relates 5 to documents at the Department of Commerce that are at issue 6 here has still not been made clear. 7 JUDGE FACCIOLA: Let me see the document. 8 MR. KLAYMAN: It's evidence of that, Your Honor. 9 JUDGE FACCIOLA: All right. Ms. Braswell's 10 objection is overruled. 11 MS. BRASWELL: Your Honor, could I see the document 12 before the Court rules on it? 13 MR. KLAYMAN: Yes, we're going to give you a copy. 14 JUDGE FACCIOLA: I thought you had. 15 MS. BRASWELL: No. 16 JUDGE FACCIOLA: I'm sorry. 17 MR. KLAYMAN: That's the only copy, so I'll just 18 mark that one, if that's all right, Your Honor. 19 JUDGE FACCIOLA: We can make copies here. 20 MR. KLAYMAN: Okay. 21 MS. BRASWELL: Again, Your Honor, this speaks to 22 nothing. This is a document created two years prior to the 23 trade missions at issue. It speaks to nothing regarding 24 documents that are pertinent to this case. 25 JUDGE FACCIOLA: The objection is overruled. 56 1 MR. KLAYMAN: Should we make a copy now, 2 Your Honor? 3 JUDGE FACCIOLA: Yes. Yes. 4 THE VIDEOGRAPHER: We're going off video record 5 at 11:06 6 (A brief recess was taken.) 7 THE VIDEOGRAPHER: We're back on video record 8 at 11:06. 9 BY MR. KLAYMAN: 10 Q Mr. Huang, referring you to Exhibit 49, 11 have you ever seen this document before? I identified 12 two pages. 13 A You're talking about 49, sir? 14 Q Yes. Bates numbers 3540680 and 35480681. 15 A I invoke my privilege. 16 JUDGE FACCIOLA: The invocation of the privilege is 17 sustained. 18 BY MR. KLAYMAN: 19 Q Did you recommend James Riady for a position in the 20 Commerce Department? 21 A I invoke my privilege. 22 Q Do you know of anyone who did? 23 A I invoke my privilege. 24 JUDGE FACCIOLA: The invocation of the privilege is 25 sustained in both instances. 57 1 BY MR. KLAYMAN: 2 Q Was Mr. Riady recommended for a position at the 3 Commerce Department? 4 A I invoke my privilege. 5 JUDGE FACCIOLA: The invocation of the privilege is 6 sustained. 7 BY MR. KLAYMAN: 8 Q I'm showing you Exhibit 50, which is a letter from 9 Ron Brown to Mochtar Riady, January 7, 1992, Mochtar Riady, 10 Chairman, Lippo Group. 11 Ron Brown knew Mochtar Riady, correct? 12 A I invoke my privilege. 13 JUDGE FACCIOLA: The invocation of the privilege is 14 sustained. 15 BY MR. KLAYMAN: 16 Q It states in the first paragraph, "I want to thank 17 you and the Lippo Group for hosting us throughout our stay in 18 Hong Kong." 19 The Riady group hosted Ron Brown in his stay in 20 Hong Kong in and around this period of time, correct? Listed 21 on the letter. 22 A I invoke my privilege. 23 JUDGE FACCIOLA: The invocation of the privilege is 24 sustained. 25 58 1 BY MR. KLAYMAN: 2 Q The second paragraph, "I especially wanted to 3 recognize my friendship with John Huang and the tremendous 4 asset that he is to the Lippo Group. He has worked 5 tirelessly as chairman of the National Association of Chinese 6 American Bankers and has been a strong advocate to Congress 7 on banking issues that affect Asian-owned banks in the United 8 States." 9 Is that a correct statement? 10 A I invoke my privilege. 11 JUDGE FACCIOLA: The invocation of the privilege is 12 sustained. 13 BY MR. KLAYMAN: 14 Q Did you consider Ron Brown to be your friend in and 15 around this time period? 16 A I invoke my privilege. 17 JUDGE FACCIOLA: The invocation of the privilege is 18 sustained. 19 BY MR. KLAYMAN: 20 Q Did he ever tell you that he considered you to be 21 his friend? 22 A I invoke my privilege. 23 JUDGE FACCIOLA: The invocation of the privilege is 24 sustained. 25 59 1 BY MR. KLAYMAN: 2 Q Did you work on the matters set forth in the 3 paragraph that I just read to you? 4 A I invoke my privilege. 5 JUDGE FACCIOLA: The invocation of the privilege is 6 sustained. 7 BY MR. KLAYMAN: 8 Q The reason that you took a job at the Commerce 9 Department was to be able to further the interests of the 10 Riadys and the Lippo Group, correct? 11 A I invoke my privilege. 12 JUDGE FACCIOLA: The invocation of the privilege is 13 sustained. 14 BY MR. KLAYMAN: 15 Q The reason that you took a job at the Commerce 16 Department was to be able to obtain information, classified 17 and otherwise, to provide to the Riadys of the Lippo Group, 18 correct? 19 A I invoke my privilege. 20 JUDGE FACCIOLA: The invocation of the privilege is 21 sustained. 22 BY MR. KLAYMAN: 23 Q The reason that you took a job at the Commerce 24 Department was to be able to arrange for trade missions to 25 China and elsewhere where the interests of the Lippo Group 60 1 and the Riadys would be furthered. 2 A I invoke my privilege. 3 JUDGE FACCIOLA: The invocation of the privilege is 4 sustained. 5 BY MR. KLAYMAN: 6 Q And, in fact, the interests of the Riadys and Lippo 7 Group were furthered on trade missions to China. 8 A I invoke my privilege. 9 JUDGE FACCIOLA: The invocation of the privilege is 10 sustained. 11 BY MR. KLAYMAN: 12 Q And the interests of the Riadys and the Lippo Group 13 were furthered on trade missions to Indonesia. 14 A I invoke my privilege. 15 JUDGE FACCIOLA: The invocation of the privilege is 16 sustained. 17 BY MR. KLAYMAN: 18 Q And to India. 19 A Again, I invoke my privilege. 20 JUDGE FACCIOLA: The invocation of the privilege is 21 sustained. 22 BY MR. KLAYMAN: 23 Q And other trade missions. 24 A Again, I invoke my privilege. 25 JUDGE FACCIOLA: The invocation of the privilege is 61 1 sustained. 2 MR. KLAYMAN: I'll show you what I'll ask the court 3 reporter to mark as Exhibit 51. 4 (Huang Deposition Exhibit No. 51 5 was marked for identification.) 6 BY MR. KLAYMAN: 7 Q The interests of the Riadys and the Lippo Group are 8 also the interests of Chinese intelligence, correct? 9 A I invoke my privilege. 10 JUDGE FACCIOLA: The invocation of the privilege is 11 sustained. 12 BY MR. KLAYMAN: 13 Q The Riadys and the Lippo Group work with and/or for 14 Chinese intelligence, correct? 15 A I invoke my privilege. 16 JUDGE FACCIOLA: The invocation of the privilege is 17 sustained. 18 BY MR. KLAYMAN: 19 Q Mochtar and James Riady are members of the 20 Communist Party of China, correct? 21 A I invoke my privilege. 22 JUDGE FACCIOLA: The invocation of the privilege is 23 sustained. 24 BY MR. KLAYMAN: 25 Q James and Mochtar Riady and their Lippo Group own 62 1 holdings which are also in part owned by the government of 2 China. 3 A I invoke my privilege. 4 JUDGE FACCIOLA: The invocation of the privilege is 5 sustained. 6 BY MR. KLAYMAN: 7 Q James and Mochtar Riady and the Lippo Group 8 collaborate closely with intelligence agencies of the 9 government of China. 10 A I invoke my privilege. 11 JUDGE FACCIOLA: The invocation of the privilege is 12 sustained. 13 BY MR. KLAYMAN: 14 Q And they also, James and Mochtar Riady, work 15 closely with intelligence agencies of other countries as 16 well, correct? 17 A I invoke my privilege. 18 JUDGE FACCIOLA: The invocation of the privilege is 19 sustained. 20 BY MR. KLAYMAN: 21 Q Including Indonesia. 22 A I invoke my privilege. 23 Q Including Taiwan. 24 A I invoke my privilege. 25 JUDGE FACCIOLA: The invocation of the privilege is 63 1 sustained. 2 BY MR. KLAYMAN: 3 Q Including the United States. 4 A I invoke my privilege. 5 JUDGE FACCIOLA: The invocation of the privilege is 6 sustained. 7 BY MR. KLAYMAN: 8 Q You work closely with the intelligence agencies of 9 the United States, correct? 10 A I invoke my privilege. 11 Q You have worked closely with the intelligence 12 agencies of the United States, correct? 13 A I invoke my privilege. 14 JUDGE FACCIOLA: The invocation of the privilege is 15 sustained. 16 MR. KLAYMAN: I'll show you what I'll ask the court 17 reporter to mark as the next exhibit. 18 THE COURT REPORTER: 52. 19 (Huang Deposition Exhibit No. 52 20 was marked for identification.) 21 BY MR. KLAYMAN: 22 Q Mr. Huang, since the date of your last deposition, 23 which was October 29, 1996, have you ever had any 24 communications, oral or written with Sandy Berger, now 25 National Security Advisor? 64 1 MS. BRASWELL: Objection. That was not the last 2 date of his last deposition. 3 JUDGE FACCIOLA: April 15, 1999? 4 MR. KLAYMAN: Okay. Let me rephrase that. 5 BY MR. KLAYMAN: 6 Q Since October 29, 1996, have you had any contact, 7 oral or written, with Sandy Berger, who is now National 8 Security Advisor? 9 A I invoke my privilege. 10 JUDGE FACCIOLA: The invocation of the privilege is 11 sustained. 12 BY MR. KLAYMAN: 13 Q Have you had any contact since October 29, 196 with 14 anyone associated with the Executive Office of the President, 15 otherwise known as the White House? 16 A I invoke my privilege. 17 JUDGE FACCIOLA: The invocation of the privilege is 18 sustained. 19 MR. KLAYMAN: I'll show you what I'll ask the court 20 reporter to mark as Exhibit 51. 21 THE COURT REPORTER: 53. 22 MR. KLAYMAN: 53. I'm sorry. 23 (Huang Deposition Exhibit No. 53 24 was marked for identification.) 25 MR. KLAYMAN: Off the record. 65 1 THE VIDEOGRAPHER: We're going off video record 2 at 11:15. 3 (A brief recess was taken.) 4 THE VIDEOGRAPHER: We're back on at 11:15. 5 BY MR. KLAYMAN: 6 Q I'll show you what has been marked as Exhibit 51, 7 which is a letter to Ronald Brown from John Huang. 8 Is this a letter which you prepared to Ron Brown? 9 A I invoke my privilege. 10 Q Why were you writing to Ron Brown on January 7, 11 1993? 12 A I invoke my privilege. 13 JUDGE FACCIOLA: The invocation of the privilege is 14 sustained. 15 BY MR. KLAYMAN: 16 Q In the third paragraph, it states that "What I 17 really want to do is identify a convenient time in the coming 18 week to arrange a meeting between you and Dr. Mochtar Riady, 19 our group chairman. Dr. Riady will be coming to the States." 20 Why did you want to arrange a meeting? 21 A I invoke my privilege. 22 JUDGE FACCIOLA: The invocation of the privilege is 23 sustained. 24 BY MR. KLAYMAN: 25 Q Was the reason for this meeting so that Ron Brown 66 1 could help Dr. Mochtar Riady of the Lippo Group do 2 international business? 3 A I invoke my privilege. 4 JUDGE FACCIOLA: The invocation of the privilege is 5 sustained. 6 BY MR. KLAYMAN: 7 Q Was the reason so the services of the United States 8 Government could be enlisted to help Dr. Mochtar Riady and 9 the LippoBank do business in the United States? 10 A I invoke my privilege. 11 JUDGE FACCIOLA: The invocation of the privilege is 12 sustained. 13 BY MR. KLAYMAN: 14 Q Was the reason to arrange the meeting to get you a 15 job at the Commerce Department? 16 A I invoke my privilege. 17 JUDGE FACCIOLA: The invocation of the privilege is 18 sustained. 19 BY MR. KLAYMAN: 20 Q Is this your signature at the bottom of Exhibit 51? 21 A I invoke my privilege. 22 JUDGE FACCIOLA: The invocation of the privilege is 23 sustained. 24 BY MR. KLAYMAN: 25 Q Turning to Exhibit 52, a letter of September 10, 67 1 1993 to the Honorable Ron Brown from Mr. John Huang. Did you 2 write this letter? 3 A I invoke my privilege. 4 Q Is that your signature at the bottom? 5 A Again, I invoke my privilege. 6 JUDGE FACCIOLA: The invocation of the privilege is 7 sustained in both instances. 8 BY MR. KLAYMAN: 9 Q At the bottom, it says, "P.S. Personal data, Mr. 10 Shen Jueren," J-u-e-r-e-n, "Chairman, Ms. Liang," L-i-a-n-g, 11 "Rul Lian, Assistant GM," did those individuals at the time, 12 did they work for Lippo Group? 13 A I invoke my privilege. 14 JUDGE FACCIOLA: The invocation of the privilege is 15 sustained. 16 BY MR. KLAYMAN: 17 Q Turning to the first paragraph, "Dr. Mochtar 18 Riady, chairman of our Lippo Group, has asked me to arrange 19 a meeting for a very good Chinese businessman, Mr. Shen 20 Jueren," J-u-e-r-e-n, "with you. Mr. Shen is the chairman of 21 the China Resources (Holdings) Company, Ltd., (CRC), the 22 largest Chinese-owned trading group in Hong Kong with total 23 assets of US $5.8 billion and turnover of US $8 billion 24 annually." 25 Is Mr. Shen Jueren a member of Chinese 68 1 intelligence? 2 A I invoke my privilege. 3 JUDGE FACCIOLA: The invocation of the privilege is 4 sustained. 5 BY MR. KLAYMAN: 6 Q Were you trying to get a meeting with Ron Brown to 7 allow Mr. Shen to have contact with him for purposes of 8 espionage? 9 A I invoke my privilege. 10 JUDGE FACCIOLA: The invocation of the privilege is 11 sustained. 12 BY MR. KLAYMAN: 13 Q I'll show you what I'll ask the court reporter to 14 mark as Exhibit 53. This is a scheduling recommendation, 15 Office of the Secretary, Executive Secretariat, Action Agency 16 ITA OBL. Event: REQ meeting between you and Dr. Mochtar 17 Riady dealing with Japan and other Asian matters. Date of 18 event: ASAP. Inviting group: Huang, John LippoBank. 19 Recommendation: Yes. LippoBank is a major banking firm in 20 Asia, over one-half billion in assets, also headquartered in 21 U.S. in New York with office throughout the U.S. John Huang 22 took President Clinton to Hong Kong in 1985 with an Arkansas 23 trade delegation, was very active in '92. 24 Is that a correct statement? 25 A I invoke my privilege. 69 1 JUDGE FACCIOLA: The invocation of the privilege is 2 sustained. 3 BY MR. KLAYMAN: 4 Q Who signed this document? 5 A I invoke my privilege. 6 Q Do you know whose name that is? 7 A I invoke my privilege. 8 Q Do you know whose handwriting that is? 9 A Again, I invoke my privilege. 10 JUDGE FACCIOLA: The invocation of the privilege is 11 sustained. 12 BY MR. KLAYMAN: 13 Q Was this document signed on or about January 29, 14 1991? 15 A I invoke my privilege. 16 JUDGE FACCIOLA: The invocation of the privilege is 17 sustained. 18 BY MR. KLAYMAN: 19 Q Was the document prepared on February 2, 1993? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 MR. KLAYMAN: I'll show you what I'll ask the court 24 reporter to mark as Exhibit 54. 25 Exhibit 54 is a letter of October 20, 1993 to 70 1 Mr. James Riady of the LippoBank, Lippo Center, Jakarta, 2 Indonesia. It consists of three pages, Bates numbers 5381 3 through and including 5383. It's signed by C.J. Giroir, Jr. 4 (Huang Deposition Exhibit No. 54 5 was marked for identification.) 6 BY MR. KLAYMAN: 7 Q Do you know a C.J. Giroir, Jr., Mr. Huang? 8 A I invoke my privilege. 9 JUDGE FACCIOLA: The invocation of the privilege is 10 sustained. 11 BY MR. KLAYMAN: 12 Q Mr. Giroir is a lawyer from Arkansas, correct? 13 A I invoke my privilege. 14 Q Mr. Giroir worked at the Rose Law Firm at the time, 15 correct? 16 A I invoke my privilege. 17 JUDGE FACCIOLA: The invocation of the privilege is 18 sustained. 19 BY MR. KLAYMAN: 20 Q Mr. Giroir at one time worked at the Rose Law Firm. 21 A I invoke my privilege. 22 Q Mr. Giroir is a close friend of Mr. and Mrs. 23 Clinton, correct? 24 A I invoke my privilege. 25 Q And you know him to be a close friend of Mark 71 1 Middleton and Mack McLarty, correct? 2 A I invoke my privilege. 3 Q And, in fact, he's a close friend of yours, 4 correct? 5 A I invoke my privilege. 6 JUDGE FACCIOLA: The invocation of the privilege is 7 sustained in each instance. 8 BY MR. KLAYMAN: 9 Q And he's a close friend of Bruce Lindsey, correct? 10 A I invoke my privilege. 11 Q Turn to the second page. I'm going to ask you 12 actually with regard to all three pages, if you'd like an 13 opportunity to review it. Before I showed this document to 14 you today, were you aware of its contents? 15 A I invoke my privilege. 16 JUDGE FACCIOLA: The invocation of the privilege is 17 sustained. 18 BY MR. KLAYMAN: 19 Q Is the information set forth in the three pages of 20 this document accurate or not? 21 A I invoke my privilege. 22 JUDGE FACCIOLA: The invocation of the privilege is 23 sustained. 24 BY MR. KLAYMAN: 25 Q This document evidences an attempt to have the U.S. 72 1 Government at taxpayer expense do business for the Riadys 2 through trade missions of the Commerce Department, correct? 3 A I invoke my privilege. 4 JUDGE FACCIOLA: The invocation of the privilege is 5 sustained. 6 BY MR. KLAYMAN: 7 Q Turn to page 2, second paragraph, "Concerning the 8 China situation, please be advised to as follows: I have 9 talked with the people at J.B. Hunt, who are anxious to make 10 an exploratory trip to China with a view to entering into an 11 80/20 joint venture with AIDC/Lippo, and will pay a $250,000 12 fee to AIDC if the transaction is pursued. I have also 13 spoken with the Tyson people, who have indicated an interest 14 in also making an exploratory trip and entering into an 80/20 15 partnership if transaction is pursued." 16 Were the companies J.B. Hunt and Tyson Foods 17 attempting to go on trade missions to China to have the 18 Commerce Department at U.S. taxpayers' expense do business 19 for them? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q And is it not true that the joint ventures being 25 proposed by J.B. Hunt and Tyson would be joint ventures that 73 1 the Lippo Group would also participate in? 2 A I invoke my privilege. 3 JUDGE FACCIOLA: The invocation of the privilege is 4 sustained. 5 BY MR. KLAYMAN: 6 Q Is it not true that J.B. Hunt and/or Tyson went on 7 trade missions at the Commerce Department? 8 A I invoke my privilege. 9 Q Is it not true that J.B. Hunt and Tyson paid money 10 to the Democratic Party and/or Clinton-Gore campaign to go on 11 these trade missions? 12 A I invoke my privilege. 13 JUDGE FACCIOLA: The invocation of the privilege is 14 sustained. 15 BY MR. KLAYMAN: 16 Q Second paragraph, "I have also met with the 17 representatives of Entergy." Last paragraph. "I have also 18 met with the representatives of Entergy, who are also anxious 19 to pursue a joint venture on the Shandong power project on 20 the basis that we would co-investment, although a substantial 21 portion of the Lippo investment would likely be shared in by 22 other investors, with Entergy understanding that Lippo would 23 be a general contractor for the improvements and that there 24 would be a good will factor plugged into the partnership, 25 including a .01 percent cash fee on a targeted investment of 74 1 $50 million for $500,000. Entergy representatives indicate a 2 desire to negotiate for an effective return in excess of 3 $15,000." 4 Next page. "All of the representatives of Hunt, 5 Tyson, Entergy have indicated a desire to make the trip 6 during the last week of November or the first week of 7 December. Mark Middleton advises me that the White House is 8 going to sponsor a trade mission to China in January, which 9 they want to invite us to join. It would be nice if we could 10 sign the definitive agreements on the three Arkansas projects 11 when that trade mission is held with representatives of the 12 Arkansas companies participating in the trade mission. I 13 need your input into this. Please let me hear from you as 14 soon as possible." 15 Mr. Huang, those are accurate statements I just 16 read to you, are they not? 17 A I invoke my privilege. 18 JUDGE FACCIOLA: The invocation of the privilege is 19 sustained. 20 BY MR. KLAYMAN: 21 Q Mr. Huang, is it not true that Entergy has donated 22 to Governor Clinton and also the 1992 and 1996 Clinton-Gore 23 campaigns and the Democratic Party? 24 A I invoke my privilege. 25 JUDGE FACCIOLA: The invocation of the privilege is 75 1 sustained. 2 BY MR. KLAYMAN: 3 Q Is it not true that this document evidences a 4 scheme by friends of the Clintons such as Joseph Giroir and 5 Mochtar and James Riady of the Lippo Group and Entergy 6 Corporation to use U.S. taxpayer financed services of the 7 Commerce Department to do business for all of these 8 individuals and entities? 9 A I invoke my privilege. 10 JUDGE FACCIOLA: The invocation of the privilege is 11 sustained. 12 BY MR. KLAYMAN: 13 Q And is it not true that the incentive for the 14 Clinton Administration to allow the Commerce Department's 15 taxpayer financed services to be used to do business for 16 these individuals and entities was campaign contributions to 17 the Clinton-Gore campaigns and the Democratic Party? 18 A I invoke my privilege. 19 JUDGE FACCIOLA: The invocation of the privilege is 20 sustained. 21 Do you need a break? 22 THE COURT REPORTER: Whenever. 23 JUDGE FACCIOLA: Would you like a break now? 24 Do you need a moment? 25 Let's give the reporter a five-minute break. 76 1 Reconvene at 11:30, please. 2 THE VIDEOGRAPHER: We're going off video record 3 at 11:28. 4 JUDGE FACCIOLA: Make that 11:35. 5 (A brief recess was taken.) 6 THE VIDEOGRAPHER: We're back on video record 7 at 11:38. 8 MR. KLAYMAN: I show you what I'll ask the court 9 reporter to mark as the next exhibit. 10 THE COURT REPORTER: 55. 11 (Huang Deposition Exhibit No. 55 12 was marked for identification.) 13 BY MR. KLAYMAN: 14 Q This is a letter dated October 7, 1993 to 15 Mr. Jack Quinn, Assistant to the President, Chief of Staff 16 and Counsellor to the Vice Presiden, the White House, from 17 John Huang, Director. 18 Is this a letter that you prepared to Mr. Quinn on 19 or about October 7, 1993? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q Is that your handwriting below, Mr. Huang? 25 A I invoke my privilege. 77 1 JUDGE FACCIOLA: The invocation of the privilege is 2 sustained. 3 BY MR. KLAYMAN: 4 Q Down below it says, "Jack, let me know if you 5 decide to go to -- " What does it say after that, 6 Mr. Huang? 7 A I invoke my privilege. 8 JUDGE FACCIOLA: The invocation of the privilege is 9 sustained. 10 BY MR. KLAYMAN: 11 Q Are those your initials next to that? 12 A I invoke my privilege. 13 Q And is that your signature? 14 A I invoke my privilege. 15 JUDGE FACCIOLA: The invocation of the privilege is 16 sustained as to both questions. 17 BY MR. KLAYMAN: 18 Q This document shows that you had a meeting between 19 yourself, Chairman Shan Jueren, J-u-e-r-e-n, and his 20 assistant, Ms. Liang, L-i-a-n-g, of China Resources Group, on 21 September 24th at the office of Jack Quinn in the White 22 House, correct? 23 A I invoke my privilege. 24 JUDGE FACCIOLA: The invocation of the privilege is 25 sustained. 78 1 BY MR. KLAYMAN: 2 Q And that in fact you met Mr. Quinn on or about 3 Monday, September 27th, in Los Angeles where Vice President 4 Gore was also present. 5 A I invoke my privilege. 6 JUDGE FACCIOLA: The invocation of the privilege is 7 sustained. 8 BY MR. KLAYMAN: 9 Q In fact, Vice President Gore has known at all times 10 that seats on trade missions were being sold for campaign 11 contributions at the Commerce Department, correct? 12 A I invoke my privilege. 13 JUDGE FACCIOLA: The invocation of the privilege is 14 sustained. 15 BY MR. KLAYMAN: 16 Q And, in fact, Vice President Al Gore in addition to 17 the President and Mrs. Clinton, devised the scheme to sell 18 seats on trade missions for campaign contributions. 19 A I invoke my privilege. 20 JUDGE FACCIOLA: The invocation of the privilege is 21 sustained. 22 BY MR. KLAYMAN: 23 Q You have done fundraising events for Vice President 24 Gore, you, Mr. Huang. 25 A I invoke my privilege. 79 1 Q And, in fact, you did one at the Buddhist temple 2 close to Hacienda Heights in California, correct? 3 A I invoke my privilege. 4 JUDGE FACCIOLA: The invocation of the privilege is 5 sustained. 6 BY MR. KLAYMAN: 7 Q Vice President Gore also wanted you at the Commerce 8 Department to further the business interests of the Riadys 9 and the Lippo Group, correct? 10 A I invoke my privilege. 11 JUDGE FACCIOLA: The invocation of the privilege is 12 sustained. 13 BY MR. KLAYMAN: 14 Q And Vice President Gore was fully aware that 15 the quid pro quo for your being placed at the Commerce 16 Department was the money that was donated by the Riadys 17 and the Lippo Group to the Clinton-Gore campaign and 18 the Democratic Party in the various elections of 1992 and 19 1996. 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q Mr. Huang, we've gone about an hour and a half of 25 this deposition today and we've gone over a number of issues 80 1 and you have documents in your possession, custody or control 2 which refer, relate in any way to the matters that we've 3 talked about this morning, correct? 4 A I invoke my privilege. 5 JUDGE FACCIOLA: The invocation of the privilege is 6 sustained. 7 BY MR. KLAYMAN: 8 Q You know of others in addition to yourself who have 9 such documents, correct? 10 A I invoke my privilege. 11 JUDGE FACCIOLA: The invocation of the privilege is 12 sustained. 13 BY MR. KLAYMAN: 14 Q And, in fact, one of the people that you know has 15 documents dealing with the matters that we've discussed this 16 morning is your wife, Jane Huang. 17 A I invoke my privilege. 18 JUDGE FACCIOLA: The invocation of the privilege is 19 sustained. 20 BY MR. KLAYMAN: 21 Q And, in fact, these documents are located in your 22 various residences or commercial properties. 23 A I invoke my privilege. 24 JUDGE FACCIOLA: The invocation of the privilege is 25 sustained. 81 1 BY MR. KLAYMAN: 2 Q Mr. Huang, do you have a laptop computer? 3 A I invoke my privilege. 4 JUDGE FACCIOLA: The invocation of the privilege is 5 sustained. 6 BY MR. KLAYMAN: 7 Q When did you first buy a laptop computer? 8 A I invoke my privilege. 9 JUDGE FACCIOLA: The invocation of the privilege is 10 sustained. 11 BY MR. KLAYMAN: 12 Q Did you use a laptop computer at the Commerce 13 Department? 14 A I invoke my privilege. 15 JUDGE FACCIOLA: The invocation of the privilege is 16 sustained. 17 BY MR. KLAYMAN: 18 Q Did you use a dictaphone at the Commerce 19 Department? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q Did you use a small hand-held tape recorder at the 25 Commerce Department? 82 1 A I invoke my privilege. 2 JUDGE FACCIOLA: The invocation of the privilege is 3 sustained. 4 BY MR. KLAYMAN: 5 Q Did you use voice mail at the Commerce Department? 6 A I invoke my privilege. 7 JUDGE FACCIOLA: The invocation of the privilege is 8 sustained. 9 BY MR. KLAYMAN: 10 Q Have you ever visited an office or residence of 11 Charlie Trie at the Watergate in Washington, D.C.? 12 A I invoke my privilege. 13 JUDGE FACCIOLA: The invocation of the privilege is 14 sustained. 15 BY MR. KLAYMAN: 16 Q Do you know whether or not Mr. Trie has certain 17 documents which you generated at the Commerce Department in 18 his custody, possession and control? 19 A I invoke my privilege. 20 JUDGE FACCIOLA: The invocation of the privilege is 21 sustained. 22 BY MR. KLAYMAN: 23 Q Do you know whether Mr. Trie has document which 24 refer or relate in any way to the Commerce Department and its 25 trade missions? 83 1 A I invoke my privilege. 2 Q Do you know whether Mr. Trie's apartment has been 3 raided by the Federal Bureau of Investigation? 4 A I invoke my privilege. 5 JUDGE FACCIOLA: The invocation of the privilege is 6 sustained. 7 BY MR. KLAYMAN: 8 Q Have any of your residences or commercial 9 properties ever been entered by the Federal Bureau of 10 Investigation? 11 A I invoke my privilege. 12 JUDGE FACCIOLA: The invocation of the privilege is 13 sustained. 14 BY MR. KLAYMAN: 15 Q Has anyone ever presented you with a warrant issued 16 by a court of the United States or a state which allowed them 17 access to certain documents dealing with the Commerce 18 Department and its trade missions and what went on during 19 those trade missions? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q Do you know an individual by the name of Pauline 25 Kanchanalak? 84 1 A I invoke my privilege. 2 JUDGE FACCIOLA: The invocation of the privilege is 3 sustained. 4 BY MR. KLAYMAN: 5 Q Do you know an individual by the name of Johnny 6 Chung? 7 A I invoke my privilege. 8 Q Maria Hsia? 9 A Again, I invoke my privilege. 10 Q Do you know whether or not these individuals have 11 documents in their custody, possession and control which 12 refer or relate in any way to your activities at the Commerce 13 Department and what went on on the subject trade missions? 14 A I invoke my privilege. 15 JUDGE FACCIOLA: The invocation of the privilege is 16 sustained. 17 BY MR. KLAYMAN: 18 Q And in matters leading up to the planning and 19 implementation of those trade missions? 20 A I invoke my privilege. 21 JUDGE FACCIOLA: The invocation of the privilege is 22 sustained. 23 BY MR. KLAYMAN: 24 Q Same question with regard to anybody on the face of 25 the earth. Do you know of anyone who may have documents? 85 1 A I invoke my privilege. 2 Q Do you know of anyone who may h