101


       1         Q    Now, Ms. Anderson, I'd like to

       2    address your attention to a column on this

       3    list, and it's a column that exists

       4    throughout the list, but just to stay with

       5    the page that you're on which addresses pass

       6    type, do you see that?

       7         A    Yes.

       8         Q    Now, do you see anything in this

       9    column or anywhere else on this list that

      10    indicates to you that any of the listed

      11    persons were inactive pass holders?

      12         A    No.

      13         Q    Based upon your experience in the

      14    Office of Personnel Security, if you had

      15    received a list like this --

      16              MR. KLAYMAN:  Let me just object

      17    here that that last question lacked

      18    foundation.  Move to strike.

      19              BY MR. GARREN:

      20         Q    Based upon your experience in the

      21    Office of Personnel Security, if you received

      22    a list like this with the pass type








                                                            102


       1    identified in the manner that it's identified

       2    on this list, would you have assumed that the

       3    list was a list of active passholders?

       4              MR. KLAYMAN:  Compound.  Leading.

       5    Calls for speculation.

       6              THE WITNESS:  Based on my

       7    experience, yes.

       8              MR. KLAYMAN:  Lacks foundation.

       9    Move to strike.

      10              BY MR. GARREN:

      11         Q    Now, Ms. Anderson, I want to draw

      12    your attention to the declaration of Nancy

      13    Gemmell.  Have you read this declaration?

      14         A    Yes.

      15         Q    Are you aware that Ms. Gemmell in

      16    her declaration identified this list as

      17    probably the list that she obtained for the

      18    purposes of conducting the update project?

      19              MR. KLAYMAN:  Objection.  Calls for

      20    speculation.  Lacks foundation.  Leading.

      21              BY MR. GARREN:

      22         Q    I'm just asking you are you aware








                                                            103


       1    that she indicated that in her affidavit?

       2              MR. KLAYMAN:  Same objection.

       3              THE WITNESS:  Yes.

       4              BY MR. GARREN:

       5         Q    Now, Ms. Anderson, do you believe

       6    at this point that Ms. Gemmell is correct in

       7    her belief that this list attached to her

       8    declaration is a portion of the list that she

       9    obtained from the Secret Service to conduct

      10    the update project?

      11              MR. KLAYMAN:  Objection.  Compound.

      12    Leading.  Lacks foundation.  Vague and

      13    ambiguous.

      14              THE WITNESS:  Yes.

      15              BY MR. GARREN:

      16         Q    Do you believe that this list

      17    attached to Nancy Gemmell's declaration is

      18    the same list that Mr. Marceca used initially

      19    to conduct the update project?

      20              MR. KLAYMAN:  Objection.  Leading.

      21    Calls for speculation.

      22              THE WITNESS:  I believe probably it








                                                            104


       1    was.

       2              MR. KLAYMAN:  Lacks foundation.

       3              BY MR. GARREN:

       4         Q    Now I want to address your

       5    attention --

       6              MR. GILLIGAN:  Should we mark that?

       7              MR. GARREN:  Yes.  Why don't we

       8    mark it as Exhibit No. 3 to the deposition

       9    and put it back together so it's just one

      10    exhibit.

      11                   (Anderson Deposition Exhibit

      12                   No. 3 was marked for

      13                   identification.)

      14              BY MR. GARREN:

      15         Q    I'm going to be referencing some of

      16    Ms. Anderson's prior Senate testimony --

      17              MR. GILLIGAN:  Do you require a

      18    copy, Mr. Klayman?

      19              MR. KLAYMAN:  Yes, thank you.

      20              BY MR. GARREN:

      21         Q    Now, let me reference page 139 of

      22    your Senate testimony.  Please look at page








                                                            105


       1    139 and please look at Exhibit No. 5 to your

       2    deposition.

       3              Have you had an opportunity to

       4    review that, Ms. Anderson?

       5         A    Yes, as well as I can read it.

       6         Q    Now, in reviewing your --

       7              MR. KLAYMAN:  Excuse me.  I don't

       8    have Exhibit 5.

       9              MR. GARREN:  Is it missing from

      10    that --

      11              MR. GILLIGAN:  I believe it's the

      12    sheet that follows Exhibit 4, but it was not

      13    marked Exhibit 5.  If you flip back a page,

      14    you'll have --

      15              MR. KLAYMAN:  Right.  I have 4 but

      16    I don't see 5.

      17              MR. GILLIGAN:  What Mr. Garren's

      18    referring to here is this sheet.

      19              MR. GARREN:  It's referred to in

      20    the deposition as Exhibit 5 but apparently

      21    the copy was such that it's not clear.

      22              BY MR. GARREN:








                                                            106


       1         Q    Now, do you recall in reviewing

       2    your prior testimony having seen this page in

       3    the course of your Senate deposition?

       4         A    I believe so, yes.

       5         Q    Does that page appear to be one

       6    page of the list that you just reviewed?

       7         A    Yes.

       8         Q    From Nancy Gemmell's declaration?

       9         A    Yes.

      10         Q    Do you recall when being shown that

      11    one page in your Senate deposition expressing

      12    some doubt in the course of your deposition

      13    that that page was part of the list that

      14    Nancy Gemmell had obtained from the Secret

      15    Service for purposes of conducting the update

      16    project?

      17              MR. KLAYMAN:  Objection.  Compound.

      18    Leading.  Calls for facts not in evidence.

      19    The deposition is the best evidence of what

      20    she said.  Lacks foundation.

      21              BY MR. GARREN:

      22         Q    Now, do you understand the








                                                            107


       1    question?

       2         A    Yes.

       3         Q    Answer it, please.

       4         A    Based on what I was shown at the

       5    deposition, yes.

       6         Q    When you reviewed your testimony,

       7    did you see that when you expressed doubt

       8    that this page, this one page, was part of

       9    the list initially obtained by Nancy Gemmell

      10    for purposes of conducting the update

      11    project, that you mentioned that you thought

      12    that the list that she had obtained included

      13    a separate column listing the agency in which

      14    each of the listed passholders was employed?

      15         A    Yes.

      16              MR. KLAYMAN:  Objection.  Compound.

      17    Lacks foundation.  Vague and ambiguous.

      18              THE WITNESS:  Yes.

      19              BY MR. GARREN:

      20         Q    The one page that you were shown,

      21    was the heading obscured on that page the way

      22    that it is obscured on this page?








                                                            108


       1              MR. KLAYMAN:  Objection.  Lacks

       2    foundation.  Vague and ambiguous.  Leading.

       3              THE WITNESS:  Specifically, I

       4    cannot remember, but I'm not sure I could

       5    read it.  I definitely can't read it now.

       6              BY MR. GARREN:

       7         Q    Did you have a clear and distinct

       8    memory at the time that you testified that

       9    you thought that the list that Nancy Gemmell

      10    had obtained from the Secret Service to

      11    conduct the update project had a separate

      12    column listing the agency in which the person

      13    was employed?  Did you have a clear and

      14    distinct memory at that time that there was a

      15    separate column?

      16              MR. KLAYMAN:  Objection.  Leading.

      17    Compound.  Vague and ambiguous.  Lacks

      18    foundation.

      19              THE WITNESS:  I had a distinct

      20    memory at that time that there was the

      21    possibility that there could have been a

      22    column, and I did remember that Nancy had it








                                                            109


       1    delineated by office.

       2              BY MR. GARREN:

       3         Q    Would it surprise you to realize

       4    that the office designation was in the title

       5    on each page of the list as opposed to being

       6    in a separate column?

       7              MR. KLAYMAN:  Objection.  Compound.

       8    Leading.  Lacks foundation.

       9              THE WITNESS:  No.

      10              BY MR. GARREN:

      11         Q    Do you recall in your Senate

      12    deposition testifying that you thought that

      13    this might not be the same list that Nancy

      14    Gemmell had obtained for the update project

      15    for the additional reason that it included

      16    temporary passholders on the list?

      17         A    Yes.

      18         Q    What can you recall about that?

      19         A    I had thought that the original

      20    list had only active permanent passes.

      21         Q    In reviewing Ms. Gemmell's

      22    declaration, did you notice that she stated








                                                            110


       1    that the list that she obtained contained

       2    both permanent and temporary passholders?

       3              MR. KLAYMAN:  Objection.  Leading.

       4              THE WITNESS:  Yes.

       5              BY MR. GARREN:

       6         Q    In light of your prior Senate

       7    testimony, do you doubt that Ms. Gemmell was

       8    correct on that when she said that the list

       9    that she obtained from the Secret Service

      10    included both temporary and permanent

      11    passholders?

      12              MR. KLAYMAN:  Objection.  Compound.

      13    Leading.  Lacks foundation.  Calls for

      14    speculation.

      15              THE WITNESS:  Is the question do I

      16    doubt Nancy identified the correct list?

      17              BY MR. GARREN:

      18         Q    Right.

      19         A    No, I believe she did.

      20         Q    And do you doubt that she was wrong

      21    when she said the list that she obtained, for

      22    purposes of the update project, included both








                                                            111


       1    temporary and permanent passholders?

       2              MR. KLAYMAN:  Objection.  Leading

       3    and compound.

       4              BY MR. GARREN:

       5         Q    You can answer.

       6         A    If Nancy had requested that, then I

       7    would defer to her comment.

       8         Q    In your Senate deposition, do you

       9    recall being shown any more than one page of

      10    this list?

      11              MR. KLAYMAN:  Objection.  Lacks

      12    foundation.

      13              THE WITNESS:  I recall being shown

      14    other pages.  If they were this list

      15    specifically, I'm not -- I don't remember.

      16              BY MR. GARREN:

      17         Q    Do you recall whether you were

      18    shown any portion of the list that included

      19    any of the following agencies in the heading?

      20    Did you recall being shown any portion of the

      21    list that identified the employees as White

      22    House operations employees?








                                                            112


       1              MR. KLAYMAN:  Objection.  Leading.

       2    Compound.

       3              THE WITNESS:  I don't believe I saw

       4    one that said White House operations.

       5              BY MR. GARREN:

       6         Q    Did you see one that said FBI

       7    employees?

       8              MR. KLAYMAN:  Objection.  Leading.

       9              THE WITNESS:  I don't remember

      10    that.

      11              BY MR. GARREN:

      12         Q    Did they show you one that said CIA

      13    employees?

      14              MR. KLAYMAN:  Objection.  Leading.

      15              THE WITNESS:  I don't remember

      16    that.

      17              BY MR. GARREN:

      18         Q    Did they show you one that said the

      19    National Park Service employees?

      20              MR. KLAYMAN:  Objection.  Leading

      21    and for all these similar-type questions also

      22    lacks foundation.








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       1              MR. GILLIGAN:  Object to your

       2    objection as itself being vague and

       3    ambiguous.

       4              MR. KLAYMAN:  Well, I'm going back

       5    because he's not laying a foundation for

       6    these questions.  Move to strike.

       7              THE WITNESS:  What was the question

       8    again, please?

       9              BY MR. GARREN:

      10         Q    Do you recall when you were shown a

      11    portion of this list in the course of your

      12    Senate deposition that you were shown a

      13    portion that identified the employees as

      14    employees of the National Park Service?

      15         A    Could have been but I do not

      16    remember.

      17              MR. KLAYMAN:  Same objection.

      18              BY MR. GARREN:

      19         Q    Do you recall being shown a portion

      20    of the list that identified the employees as

      21    employees of the General Services

      22    Administration?








                                                            114


       1              MR. KLAYMAN:  Same objection.

       2              THE WITNESS:  Vaguely, but I'm not

       3    sure.

       4              BY MR. GARREN:

       5         Q    Do you recall being shown a portion

       6    that identified the employees as employees of

       7    the National Security Council?

       8              MR. KLAYMAN:  Same objection.

       9              THE WITNESS:  Vaguely, but I

      10    remember discussing the National Security

      11    Council.

      12              BY MR. GARREN:

      13         Q    The issue that I'm getting at here

      14    is when you reviewed this list attached to

      15    Nancy Gemmell's declaration, were you shown

      16    this list in its entirety, as it is here,

      17    when you were deposed by the Senate?

      18         A    No.

      19         Q    Do you believe that, if you had

      20    been shown this list in its entirety with

      21    these various agencies designated in the

      22    heading, that would have been of any benefit








                                                            115


       1    to you in refreshing your memory as to

       2    whether this was the list that Ms. Gemmell

       3    used for the update project?

       4              MR. KLAYMAN:  Objection.  Compound.

       5    Leading.  Vague and ambiguous.  Lacks

       6    foundation.

       7              THE WITNESS:  Yes.

       8              BY MR. GARREN:

       9         Q    And why is that?

      10         A    Because I would have seen at the

      11    top where it was delineated by office.

      12         Q    In the course of the Senate

      13    deposition, were you shown the page on this

      14    list that included the handwritten notation,

      15    "Labels Completed 7/2/93"?

      16              MR. KLAYMAN:  Same objection.

      17              THE WITNESS:  No.  No.

      18              BY MR. GARREN:

      19         Q    Do you believe, as you sit here

      20    today, that, if you'd been shown the portion

      21    of the list indicating with the notation

      22    "Labels Completed 7/2/93," that would have








                                                            116


       1    been of any benefit to you in identifying

       2    whether this list was the list that Nancy

       3    Gemmell had obtained for the purposes of the

       4    update project?

       5              MR. KLAYMAN:  Same objection.  Add

       6    requests speculation, calls for speculation.

       7              THE WITNESS:  I believe it would

       8    have, yes.

       9              BY MR. GARREN:

      10         Q    Why is that?

      11         A    I believe it would have triggered

      12    the memory, my memory.

      13         Q    Well, in light of this discussion,

      14    I want to ask you some general questions

      15    about the state of your memory at the time

      16    that you were deposed by the Senate.  Do you

      17    note on this deposition that you were deposed

      18    in October 1, 1996?

      19         A    Yes.

      20         Q    And how long was that after you

      21    left your job with The White House Office of

      22    Personnel Security?








                                                            117


       1         A    Two years after I left it and

       2    probably about the same amount of -- the

       3    summer before is when this was -- when I saw

       4    the list, so three years total.

       5         Q    During your tenure with The White

       6    House Office of Personnel Security, was the

       7    update project considered by you to be a

       8    major priority in the office?

       9              MR. KLAYMAN:  Objection.  Vague and

      10    ambiguous.  Leading.  Compound.

      11              BY MR. GARREN:

      12         Q    You can answer.

      13         A    No.

      14         Q    Did you personally do much work on

      15    the update project while you were with the

      16    Office of Personnel Security?

      17              MR. KLAYMAN:  Objection.  Lacks

      18    foundation.  Leading.

      19              THE WITNESS:  No.

      20              BY MR. GARREN:

      21         Q    How much time would you estimate

      22    that you personally devoted to the project








                                                            118


       1    during your tenure with the Office of

       2    Personnel Security?

       3              MR. KLAYMAN:  Same objection.

       4              THE WITNESS:  In totality?

       5              BY MR. GARREN:

       6         Q    In totality?

       7         A    Maybe five hours.

       8         Q    Is that five hours in the course of

       9    the entire 19 months you were in the office?

      10         A    I would guesstimate that, yes.

      11         Q    During your tenure with the Office

      12    of Personnel Security, did you see many

      13    secret service lists in the office?

      14              MR. KLAYMAN:  Objection.  Lacks

      15    foundation.

      16              THE WITNESS:  Yes.

      17              BY MR. GARREN:

      18         Q    And were there many different kinds

      19    of Secret Service lists?

      20         A    Yes.

      21         Q    And were there many different types

      22    of formats of information on these lists?








                                                            119


       1              MR. KLAYMAN:  Objection to the last

       2    two questions.  Vague and ambiguous and

       3    leading.  Move to strike.

       4              THE WITNESS:  You could request any

       5    configuration that you needed.

       6              BY MR. GARREN:

       7         Q    Explain just generally how often

       8    you'd see lists, how much the lists varied

       9    from one another.

      10         A    We received --

      11              MR. KLAYMAN:  Objection.  Vague and

      12    ambiguous.  Leading.  Compound.  Lacks

      13    foundation.

      14              THE WITNESS:  We received a list

      15    monthly from Secret Service.  Randomly

      16    throughout, we would request lists.

      17    Specifically what we requested, I don't

      18    remember because it was in the day-to-day

      19    course of business, but lists were always

      20    coming in to the office.

      21              BY MR. GARREN:

      22         Q    Did you consider there to be a lot








                                                            120


       1    of different types of secret service lists in

       2    the office?

       3         A    Yes.

       4         Q    Did you consider that these lists

       5    had --

       6              MR. KLAYMAN:  Objection.  Move to

       7    strike.  Vague and leading.

       8              BY MR. GARREN:

       9         Q    Did you consider that these lists

      10    had many different types of formats of

      11    information in them?

      12              MR. KLAYMAN:  Leading.  Compound.

      13    Vague and ambiguous.  Lacks foundation.

      14              THE WITNESS:  Can you repeat the

      15    question?

      16              BY MR. GARREN:

      17         Q    Did you consider that these various

      18    Secret Service lists that you saw in the

      19    office had many different types of formats of

      20    information contained within the lists?

      21              MR. KLAYMAN:  Same objection.

      22              THE WITNESS:  Yes.








                                                            121


       1              BY MR. GARREN:

       2         Q    Now, in the intervening years after

       3    you left The White House Office of Personnel

       4    Security and the time that you were deposed

       5    by the Senate, did you devote much thought to

       6    the update project?

       7         A    No.

       8         Q    Is it something that you put

       9    largely out of your mind after you left the

      10    Office of Personnel Security?

      11              MR. KLAYMAN:  Objection.  Vague and

      12    ambiguous.  Leading.

      13              THE WITNESS:  Yes.

      14              BY MR. GARREN:

      15         Q    During those intervening years

      16    between the time you left the Office of

      17    Personnel Security and the time that you were

      18    deposed by the Senate, did you devote much

      19    thought to the format of the various Secret

      20    Service lists you recalled being in the

      21    office during your tenure?

      22              MR. KLAYMAN:  Add compound.  Same








                                                            122


       1    objection.

       2              THE WITNESS:  No.

       3              BY MR. GARREN:

       4         Q    So let me ask you to basically

       5    assess for us the state of your memory at the

       6    time that you were deposed by the Senate

       7    concerning the details of the update project.

       8         A    Vague and fuzzy.

       9         Q    Describe it to a greater detail.

      10    Would you say that you had memory of the

      11    general outlines of the project?

      12              MR. KLAYMAN:  Objection.  Lacks

      13    foundation on the last two questions.

      14    Leading.  Move to strike.

      15              THE WITNESS:  I would say my memory

      16    was I knew what we needed in order to conduct

      17    the project, but I'm not exactly sure as to

      18    how the list was configured.

      19              BY MR. GARREN:

      20         Q    Now, Ms. Anderson, I'm going to ask

      21    you to take a look at your testimony on pages

      22    99 and 100 of your deposition.








                                                            123


       1              Please just review that quickly.

       2              And I'm going to draw your

       3    attention to some of the specifics of your

       4    testimony before the Senate.  Do you recall

       5    testifying in the Senate that you believed

       6    that some point after Mr. Marceca began

       7    working on the update project using the list

       8    left by Mr. Gemmell that he mentioned the

       9    need to obtain a fresher list from the Secret

      10    Service?

      11              MR. KLAYMAN:  Objection.  Testimony

      12    speaks for itself.  Leading.

      13              BY MR. GARREN:

      14         Q    Do you recall that?

      15         A    Yes, Mrs. Gemmell.

      16         Q    I'm sorry?

      17         A    You said "Mister."

      18         Q    Oh, did I?  And do you recall

      19    testifying that Mr. Livingstone subsequently

      20    requested a new list from the Secret Service?

      21              MR. KLAYMAN:  Same objection.

      22              THE WITNESS:  Yes.








                                                            124


       1              BY MR. GARREN:

       2         Q    Do you recall testifying that you

       3    picked up the list?

       4         A    Yes.

       5              MR. KLAYMAN:  Same objection.

       6              BY MR. GARREN:

       7         Q    Do you recall testifying that you

       8    went through the list and you noted that

       9    there was a large number of prior

      10    administration employees on the list?

      11              MR. KLAYMAN:  Same objection.

      12    Leading.  Compound.

      13              THE WITNESS:  Yes.

      14              BY MR. GARREN:

      15         Q    Do you recall testifying that you

      16    sat down in the office with other employees

      17    of the office and went through the list?

      18              MR. KLAYMAN:  Same objection.

      19              THE WITNESS:  Yes.

      20              BY MR. GARREN:

      21         Q    Do you recall testifying that when

      22    you and the other employees in the office








                                                            125


       1    went through the list that you struck through

       2    names of people that you identified as prior

       3    administration employees?

       4              MR. KLAYMAN:  Continuing objection.

       5              THE WITNESS:  Yes.

       6              BY MR. GARREN:

       7         Q    Now, do you recall testifying that

       8    when you mentioned this incident where you

       9    had obtained a list and sat down and gone

      10    through the list and struck through the

      11    names, that you used the statement you

      12    believed that incident had occurred?

      13              MR. KLAYMAN:  Same objection.

      14              THE WITNESS:  Yes.

      15              BY MR. GARREN:

      16         Q    Do you recall using the statement

      17    in regard to this incident that the incident

      18    occurred, if you "remembered correctly"?

      19              MR. KLAYMAN:  Same objection.

      20              THE WITNESS:  Yes.

      21              BY MR. GARREN:

      22         Q    Now, why, when you testified in








                                                            126


       1    your Senate deposition about this incident of

       2    sitting down and going through this list and

       3    striking out names, did you use the phrases,

       4    "I believe it occurred," and it occurred "if

       5    I remember correctly"?

       6              MR. KLAYMAN:  Same objection and

       7    add lacks foundation and leading.

       8              THE WITNESS:  Because it had

       9    occurred such a long time ago.  I was not a

      10    hundred percent sure of my memory.

      11              BY MR. GARREN:

      12         Q    Did you use the terms to reflect

      13    any doubt in your mind as to whether the

      14    events occurred in the way that you had

      15    remembered them?

      16              MR. KLAYMAN:  Objection.  Compound.

      17    Leading.  Assumes facts not in evidence.

      18              THE WITNESS:  Yes, because I had

      19    thought I wasn't a hundred percent sure and I

      20    thought I might have been melding memories or

      21    merging memories.

      22              BY MR. GARREN:








                                                            127


       1         Q    Now I'm going to ask you to look at

       2    a document entitled "Employer Listing White

       3    House" --

       4              MR. GILLIGAN:  Do you want to mark

       5    this?

       6              MR. GARREN:  No.  I'm just going to

       7    use this.

       8              BY MR. GARREN:

       9         Q    The document is entitled "Employer

      10    Listing White House NEOB and OEOB."  Please

      11    look at that.

      12              Please review it through.

      13              Does this list appear to be a

      14    complete list from A to Z, did you notice?

      15         A    It appears to be.

      16         Q    Do you notice that some of the

      17    names have been marked and crossed through on

      18    the list?

      19         A    Yes.

      20         Q    When you testified in the Senate

      21    about the incident in which you sat down with

      22    other members of the Office of Personnel








                                                            128


       1    Security and went through a list and crossed

       2    through names, do you recall specifying the

       3    type of marker that you used to accomplish

       4    that?

       5         A    Yes.

       6         Q    What did you say about that?

       7         A    Black Magic Marker or Sharpie.

       8         Q    Now, is that the same type that

       9    appears to have been used in crossing through

      10    names on this August 1, 1993, list?

      11              MR. KLAYMAN:  Objection.  Lacks

      12    foundation.  Leading.

      13              THE WITNESS:  Yes.

      14              BY MR. GARREN:

      15         Q    Now please look at the manner in

      16    which the names are crossed through and

      17    marked on that list.

      18              Are the markings consistent with

      19    the markings that you recalled making on the

      20    occasion when members of the office sat down

      21    and went through a list and marked out prior

      22    administration employees?








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       1         A    Yes.

       2         Q    Now, Ms. Anderson, when you

       3    testified in regard to your testimony about

       4    members of the office sitting down and going

       5    through and crossing out names on a list, is

       6    it possible that that event occurred in

       7    relationship to this list?

       8              MR. KLAYMAN:  Objection.  Compound.

       9    Calls for speculation.  Lacks foundation.

      10              THE WITNESS:  Yes.

      11              BY MR. GARREN:

      12         Q    Is it possible that this is the

      13    list that you had in your possession that you

      14    used to cross through at the time you went

      15    through and crossed out names?

      16              MR. KLAYMAN:  Same objection.

      17              THE WITNESS:  Yes.

      18              BY MR. GARREN:

      19         Q    Does this list contain the type of

      20    specialized information needed to conduct the

      21    update project?

      22         A    No.








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       1              MR. KLAYMAN:  Objection.  Lacks

       2    foundation.  Leading.  Move to strike.

       3              BY MR. GARREN:

       4         Q    What type of information is lacking

       5    from this list that is needed for the

       6    purposes of conducting the update project?

       7              MR. KLAYMAN:  Same objection.

       8              THE WITNESS:  Social Security

       9    number, date of birth, and place of birth.

      10              BY MR. GARREN:

      11         Q    Now, let me ask you to note the

      12    date on this list.  What's the date on the

      13    list?

      14         A    August 1, 1993, I believe.

      15         Q    Is that date before Mr. Marceca

      16    began his detail at the Office of Personnel

      17    Security?

      18         A    I believe so, but I'm not exactly

      19    sure of his exact start date.

      20         Q    If that date was before he began

      21    his detail at the Office of Personnel

      22    Security, is it possible that the marking








                                                            131


       1    through of this list occurred before

       2    Mr. Marceca began?

       3              MR. KLAYMAN:  Objection.  Calls for

       4    speculation.  Lacks foundation.  Leading.

       5              THE WITNESS:  Yes.

       6              BY MR. GARREN:

       7         Q    Is it possible that the marking

       8    through of the list was done outside of

       9    Mr. Marceca's presence?

      10         A    Yes.

      11         Q    Is it possible --

      12              MR. KLAYMAN:  Same objection.

      13              BY MR. GARREN:

      14         Q    Objection noted.  Is it possible

      15    that Mr. Marceca was unaware of the event in

      16    which the office went through and marked off

      17    people who were prior administration

      18    employees from a list, as you have described?

      19              MR. KLAYMAN:  Same objection.

      20              THE WITNESS:  Yes.

      21              BY MR. GARREN:

      22         Q    In your tenure with the Office of








                                                            132


       1    Personnel Security, do you recall

       2    occasionally receiving from the Secret

       3    Service lists of active passholders sent over

       4    for the purposes of Office of Personnel

       5    Security to identify people who had left The

       6    White House?

       7         A    I'm sorry?

       8         Q    Do you recall during your tenure

       9    with the Office of Personnel Security the

      10    Secret Service sending over active passholder

      11    lists for the purposes of having the Office

      12    of Personnel Security identify people who may

      13    have already left White House employment?

      14         A    Not specifically.  I know that we

      15    received a multitude of lists, and I do know

      16    that we did go through it, and when we found

      17    names we did not believe were still at The

      18    White House, we requested that they be

      19    deleted.  What I'm saying, I don't remember

      20    the specific purpose was for us to delete

      21    them.

      22         Q    Do you remember receiving active








                                                            133


       1    passholder lists and going through the lists

       2    on occasion and identifying people who had

       3    left?

       4              MR. KLAYMAN:  Objection.  Leading.

       5    Compound.

       6              THE WITNESS:  Yes.

       7              BY MR. GARREN:

       8         Q    Now, Ms. Anderson, is it possible

       9    that when you testified about the incident in

      10    which the office sat down with the list and

      11    went through the list and struck through

      12    names related to the update project that you

      13    may have confused that with a process of

      14    going through and striking out names and the

      15    routine process of identifying people who had

      16    left?

      17              MR. KLAYMAN:  Same objection.

      18    Compound.  Calls for speculation.  Lacks

      19    foundation.  Leading.

      20              THE WITNESS:  Extremely possible.

      21              BY MR. GARREN:

      22         Q    So is it possible in your mind that








                                                            134


       1    Mr. Marceca may never have seen this list?

       2              MR. KLAYMAN:  Same objection.

       3              THE WITNESS:  Yes.

       4              BY MR. GARREN:

       5         Q    Do you have any personal knowledge

       6    that he ever saw this list?

       7         A    No.

       8         Q    Do you recall testifying in your

       9    Senate deposition that at some point during

      10    Mr. Marceca's work on the update project that

      11    you realized that he had obtained files on

      12    some people who had already left White House

      13    employment?

      14              MR. KLAYMAN:  Objection.  Lacks

      15    foundation.  Leading.  Compound.  Assumes

      16    facts not in evidence.

      17              THE WITNESS:  Yes.

      18              BY MR. GARREN:

      19         Q    Now, when you testified that you

      20    initially came to this realization that

      21    Mr. Marceca had obtained files on some people

      22    who had already left White House employment,








                                                            135


       1    did you ever have any information to indicate

       2    that Mr. Marceca had intentionally obtained

       3    files on people he knew had left White House?

       4              MR. KLAYMAN:  Lacks foundation.

       5    Compound.  Vague and ambiguous.  Leading.

       6              THE WITNESS:  Are you asking that

       7    at the time he ordered the files he knew they

       8    were no longer at The White House?

       9              BY MR. GARREN:

      10         Q    You mentioned in your Senate

      11    deposition that when Mr. Marceca was working

      12    at the Office of Personnel Security at some

      13    point you realized he had obtained files on

      14    some people that had left White House

      15    employment?

      16         A    Yes.

      17         Q    Did you mean to suggest that he had

      18    intentionally obtained files on people he

      19    knew had left White House employment?

      20         A    No.

      21              MR. KLAYMAN:  Objection.  Calls for

      22    legal conclusion.  Speculative.  Leading.








                                                            136


       1    Lacks foundation.

       2              BY MR. GARREN:

       3         Q    When you came to this realization

       4    that Mr. Marceca had obtained some files on

       5    some people who had left White House

       6    employment, was it your understanding that he

       7    had obtained these files intentionally or

       8    inadvertently?

       9              MR. KLAYMAN:  Objection.  Lacks

      10    foundation.  Leading.  Compound.

      11              THE WITNESS:  Inadvertently.

      12              MR. GARREN:  So why don't we take a

      13    break and let you change the tape?

      14              THE VIDEOGRAPHER:  We're going off

      15    video record at 11:43.

      16                   (Recess)

      17              THE VIDEOGRAPHER:  We are back on

      18    video record at 11:54.

      19              BY MR. GARREN:

      20         Q    Now, I want to go back to this

      21    question we were addressing prior to the

      22    break because I want this to be absolutely








                                                            137


       1    clear.

       2              You did indicate in your Senate

       3    deposition that you came to realize at some

       4    time that Mr. Marceca had obtained files on

       5    people who had left White House employment,

       6    correct?

       7         A    Yes.

       8         Q    Did you intend to --

       9              MR. KLAYMAN:  Same objection as

      10    before.  Lacks foundation.  Leading.

      11              BY MR. GARREN:

      12         Q    Did you ever have any information

      13    that Mr. Marceca had obtained files on people

      14    that he knew had left White House employment?

      15              MR. KLAYMAN:  Objection.  Calls for

      16    speculation.  Leading.  Compound.

      17              THE WITNESS:  No.

      18              BY MR. GARREN:

      19         Q    Now, do you recall whether, when it

      20    became known to you that Mr. Marceca had

      21    obtained files on some people who had left

      22    White House employment, Mr. Marceca was








                                                            138


       1    encouraged to take any action to avoid that

       2    problem?

       3         A    I'm not sure of your question.

       4         Q    Do you know whether Mr. Marceca was

       5    encouraged or instructed to do anything to

       6    try to avoid obtaining files on people who

       7    had left White House employment?

       8              MR. KLAYMAN:  Objection.  Lacks

       9    foundation.  Leading.  Compound.

      10              THE WITNESS:  Yes.

      11              BY MR. GARREN:

      12         Q    What was he encouraged or

      13    instructed to do?

      14         A    When we had --

      15              MR. KLAYMAN:  Objection.  Add vague

      16    and ambiguous.

      17              THE WITNESS:  When we had a contact

      18    in the office, if it was Office of Vice

      19    President or an office where we knew that

      20    there was someone who could say who these

      21    people were, we would say -- we would send a

      22    memo and say can you tell us if these people








                                                            139


       1    are still there.

       2              BY MR. GARREN:

       3         Q    When you say that Mr. Marceca was

       4    instructed to circulate lists of names with

       5    the various agencies before requesting files,

       6    was that something that was possible to do

       7    throughout those employees employed by White

       8    House operations?

       9         A    No.

      10         Q    Why was that?

      11         A    Because, if you'll notice on the

      12    list, it says White House operations

      13    personnel and it does not delineate under

      14    which office they worked.

      15         Q    When you mentioned that at some

      16    point you came to the realize that

      17    Mr. Marceca had obtained files on people who

      18    had left White House employment, when you

      19    came to that realization, did you understand

      20    that these were people who had never worked

      21    in the Clinton Administration?

      22              MR. KLAYMAN:  Objection.  Leading.








                                                            140


       1    Compound.  Assumes facts not in evidence.

       2    Lacks foundation.

       3              THE WITNESS:  No.

       4              BY MR. GARREN:

       5         Q    What did you understand?  When you

       6    said you initially came to this realization

       7    that he had obtained files on some people who

       8    had left, what did you understand about those

       9    people's employment status?

      10              MR. KLAYMAN:  Same objection.

      11              THE WITNESS:  That they had been

      12    caught between the transition between

      13    administrations and that they had either

      14    worked, like, a day or two or maybe even two

      15    or three weeks or for longer periods after

      16    the Clintons had taken possession of the

      17    administration or had actually begun their

      18    administration.

      19              BY MR. GARREN:

      20         Q    Do you recall testifying in your

      21    Senate deposition that at some point you came

      22    to the realization that Mr. Marceca had








                                                            141


       1    ordered files on some people who had never

       2    been members of the Clinton Administration?

       3              MR. KLAYMAN:  Same objection.

       4              THE WITNESS:  We did eventually

       5    come to that realization.

       6              BY MR. GARREN:

       7         Q    Do you recall specifically how you

       8    came to that realization?

       9         A    Not specifically.

      10         Q    Is it possible that this was

      11    brought to your attention after Mr. Marceca

      12    had finished his detail at the Office of

      13    Personnel Security?

      14              MR. KLAYMAN:  Objection.  Compound.

      15    Leading.  Calls for speculation.  Assumes

      16    facts not in evidence.

      17              BY MR. GARREN:

      18         Q    Do you understand the question?

      19         A    Did I find out before or after?

      20         Q    Right.

      21         A    It's possible it was after.  I'm

      22    not specific as to when.








                                                            142


       1         Q    Did Ms. Wetzl have any involvement

       2    with the update project?

       3         A    Yes.

       4         Q    What involvement did she have with

       5    the update project?

       6         A    When Tony's detail ended, she took

       7    over the project.

       8         Q    Is it possible that the realization

       9    that you came to, that Mr. Marceca had

      10    ordered files on some people who had never

      11    been employed by the Clinton Administration,

      12    was when Ms. Wetzl was working on the update

      13    project?

      14         A    Yes.

      15              MR. KLAYMAN:  Calls for

      16    speculation.  Leading.  Lacks foundation.

      17    Move to strike.

      18              BY MR. GARREN:

      19         Q    Now, when it was discovered that

      20    Mr. Marceca had obtained files on some people

      21    who had never been employed by the Clinton

      22    Administration, did the office take any








                                                            143


       1    action?

       2              MR. KLAYMAN:  Objection, indefinite

       3    as to time.  Leading.

       4              THE WITNESS:  When you say take any

       5    action, what do you mean?

       6              BY MR. GARREN:

       7         Q    Well, did the office do anything as

       8    a result of that?

       9              MR. KLAYMAN:  Vague and ambiguous.

      10              THE WITNESS:  When we realized the

      11    files were of people who were no longer at

      12    The White House or had not been in The White

      13    House, we archived those files.

      14              BY MR. GARREN:

      15         Q    Why did you archive those files as

      16    opposed to send them back to the FBI?

      17         A    I didn't realize we could send them

      18    back to the FBI.  I thought that, because we

      19    had created the request and we'd received the

      20    request, they had become presidential

      21    records, so, therefore, they had to be

      22    archived.








                                                            144


       1         Q    Now, during your tenure with the

       2    Office of Personnel Security, were you aware

       3    of anyone outside the Office of Personnel

       4    Security, outside the immediate staff, being

       5    aware that Mr. Marceca had obtained files on

       6    some people who had left The White House?

       7              MR. KLAYMAN:  Objection.  Compound.

       8    Leading.

       9              THE WITNESS:  No.

      10              BY MR. GARREN:

      11         Q    Was Mr. Nussbuam, to your

      12    knowledge, ever informed, during your tenure

      13    in the Office of Personnel Security, that

      14    Mr. Marceca had obtained files on some people

      15    who had left White House employment?

      16              MR. KLAYMAN:  Objection.  Lacks

      17    foundation.  Leading.

      18              THE WITNESS:  Not to my knowledge.

      19              BY MR. GARREN:

      20         Q    Was Mr. Kennedy, to your knowledge,

      21    ever informed that --

      22              MR. KLAYMAN:  Same objection.








                                                            145


       1              MR. GARREN:  Let me finish the

       2    question.

       3              BY MR. GARREN:

       4         Q    To your knowledge, was Mr. Kennedy

       5    ever informed during your tenure at the

       6    Office of Personnel Security that Mr. Marceca

       7    had obtained files on some people who had

       8    left White House employment?

       9              MR. KLAYMAN:  Same objection.

      10              THE WITNESS:  Not to my knowledge.

      11              BY MR. GARREN:

      12         Q    Could you identify who Mr. Kennedy

      13    is?

      14         A    Mr. Kennedy is William Kennedy.  He

      15    was the associate counsel to the president.

      16    I believe he was underneath initially Vince

      17    Foster, and I can't remember after he passed

      18    who took his place.  I and he reported

      19    directly to, if I understand correctly,

      20    Mr. Nussbuam.

      21         Q    Who was Mr. Livingstone's immediate

      22    supervisor?








                                                            146


       1         A    Bill Kennedy.

       2         Q    Do you recall that files identified

       3    as files obtained by Mr. Marceca on people

       4    who no longer required White House access

       5    being sent to the Office of Records

       6    Management?

       7         A    I have no specific memory of them

       8    going to records management.

       9         Q    Do you remember any effort to

      10    segregate them and forward them?

      11              MR. KLAYMAN:  Objection.  Calls for

      12    facts not testified to.  Leading.

      13              THE WITNESS:  Yes.

      14              BY MR. GARREN:

      15         Q    Tell us what you recall about that.

      16         A    I recall that we had -- when we had

      17    realized that there were individuals who were

      18    no longer there, we set up a file drawer, a

      19    file drawer to be dead files that were to be

      20    archived because my understanding of the

      21    procedure was you couldn't just send a few

      22    files into records management to be archived.








                                                            147


       1    You needed a whole box so that, if we did for

       2    some unknown reason need to go back, like a

       3    Senate investigation, we could immediately

       4    find them.

       5         Q    And were you aware at some point

       6    that the files were forwarded to the Office

       7    of Records Management?

       8         A    I believe they were.

       9         Q    Prior to the time that the files

      10    were forwarded to Office of Records

      11    Management, are you aware of any of those

      12    files having been removed from the Office of

      13    Personnel Security?

      14              MR. KLAYMAN:  Objection.  Lacks

      15    foundation.

      16              THE WITNESS:  No.

      17              MR. KLAYMAN:  Vague and ambiguous.

      18              BY MR. GARREN:

      19         Q    Let me turn your attention to the

      20    log used at the Office of Personnel Security

      21    during your tenure.  Do you recall a log

      22    being kept in the office?








                                                            148


       1         A    Yes.

       2         Q    What was the purpose of the log?

       3         A    The purpose of the log was so that,

       4    when we had background investigations of

       5    employees that needed -- that were going to

       6    be checked out of the office, to keep track

       7    of who had them and where they had gone.

       8         Q    When the Clinton Administration

       9    came in in 1993, do you know what system was

      10    in place at that time to keep track of files

      11    were removed from the Office of Personnel

      12    Security?

      13         A    Yes.

      14         Q    Explain what that system was.

      15         A    Pink cards would be placed in the

      16    files in the vault.

      17         Q    Before the log system was adopted,

      18    do you recall if Mr. Livingstone ever

      19    mentioned that the office needed a better

      20    system to keep track of the files that were

      21    removed from the office?

      22              MR. KLAYMAN:  Objection.  Leading.








                                                            149


       1    Assumes facts not in evidence.  Compound.

       2              THE WITNESS:  Yes.

       3              BY MR. GARREN:

       4         Q    Did Mr. Livingstone's express

       5    desire for a better system have anything to

       6    do with the adoption of the log system?

       7              MR. KLAYMAN:  Objection.  Compound.

       8    Leading.  Assumes facts not in evidence.

       9              THE WITNESS:  Yes.

      10              BY MR. GARREN:

      11         Q    Why was the log system developed?

      12         A    The log system was developed in

      13    case Craig wanted to review a file or

      14    somebody called and had some counsel --

      15    member of counsel's office called and said

      16    there's an issue or if there was an issue of

      17    specific individuals, we needed to know where

      18    that investigation was, who had custody of

      19    it, and if we needed to know how many were

      20    out of the office at the time, so in order to

      21    be more efficient we created the log.

      22              MR. KLAYMAN:  Move to strike based








                                                            150


       1    on the previous testimony which essentially

       2    provided the answers to her.

       3              BY MR. GARREN:

       4         Q    Did Mr. Livingstone approve the

       5    adoption of the log system?

       6         A    Yes.

       7              MR. KLAYMAN:  Objection.  Leading.

       8              BY MR. GARREN:

       9         Q    Did Mr. Livingstone instruct that

      10    the log system be kept?

      11              MR. KLAYMAN:  Objection.  Leading.

      12              THE WITNESS:  Yes.

      13              BY MR. GARREN:

      14         Q    Are you aware of Mr. Livingstone

      15    ever instructing or encouraging anyone not to

      16    make entries in the log system when files

      17    were removed?

      18              MR. KLAYMAN:  Objection.  Lacks

      19    foundation.  Compound.

      20              THE WITNESS:  I did not know of

      21    anything saying not to keep the log.

      22              BY MR. GARREN:

 

 

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