151

         1   Lewinsky had been taped by Linda Tripp?

         2        A    Actually I don't recall that degree

         3   of specificity from the White House.

         4        Q    What do you recall from the White

         5   House at the time?

         6        A    I recall that the White House

         7   objected to the accusation about an affair

         8   with Monica Lewinsky.  That's what I

         9   remember.

        10        Q    The accusation made by Ms. Tripp

        11   among others?

        12        A    You asked me what I recall and

        13   that's what I recall.

        14        Q    Yes.  You are aware that Ms. Tripp

        15   is the one who came forward and said that

        16   Monica Lewinsky had told her that she had an

        17   affair with the President, correct?

        18        A    Yes.

        19        Q    You're aware that the White House

        20   reacted negatively to that, correct?

        21        A    Again, I'm aware that the White

        22   House denied the accusation about Monica








                                                             152

         1   Lewinsky having an affair with the President.

         2   If you call that negative, then that's

         3   negative.

         4        Q    You viewed it as negative, did you

         5   not?

         6        A    I didn't view it.  I have to tell

         7   you that that was not my concern.  That was

         8   not my concern.

         9        Q    Do you think from reports that the

        10   White House was happy about this whole thing?

        11        A    I think that that was not my

        12   concern, what the White House felt one way or

        13   the other.  I was doing other things.

        14        Q    I'm not asking for your concern.

        15   I'm asking for your own understanding of the

        16   White House's position with regard to what

        17   Linda Tripp had done.

        18        A    I believe I've answered the

        19   question.  I don't know how else to answer

        20   the question.

        21        Q    They were not happy with it, were

        22   they?








                                                             153

         1        A    I don't know what they were.  I

         2   don't work at the White House.

         3        Q    Based on what you understood from

         4   the media?

         5             MR. QUINLIVAN:  Counsel, this line

         6   of inquiry has been asked and answered.

         7             BY MR. KLAYMAN:

         8        Q    Please respond.

         9        A    I believe I did.

        10        Q    Please respond.

        11        A    What I was aware of was that the

        12   White House objected to the characterization

        13   of the charge of sexual conduct with Monica

        14   Lewinsky.  That's what I remember from the

        15   articles.

        16        Q    Were aware that the White House had

        17   criticized the conduct of Linda Tripp,

        18   correct?

        19        A    I am not aware of that.

        20        Q    You didn't read that in the media?

        21        A    I don't recall reading that in the

        22   media.








                                                             154

         1        Q    You had no in interest in finding

         2   out what the media was saying at that time?

         3        A    I was working a specific part of

         4   this and you asked me a question.  I answered

         5   the question.

         6        Q    You were the press officer of the

         7   Pentagon at the time, correct?

         8        A    No, that's not even correct.  The

         9   press officer -- the people who deal with the

        10   media most of the time are Mr. Bacon and the

        11   director of defense information.  My title

        12   was not press officer.

        13        Q    But as part of your duties and

        14   responsibilities, you were to keep informed

        15   as to what was occurring with regard to your

        16   employees, correct?

        17        A    Uh-huh, yes.

        18        Q    You were in charge with

        19   establishing public affairs policy and

        20   doctrine for the Department of Defense, were

        21   you not?

        22        A    Yes.








                                                             155

         1        Q    Part of your responsibilities were

         2   the day-to-day operation and management of

         3   the office of the Assistant Secretary of

         4   Defense, Public Affairs, correct?

         5        A    That's correct.

         6        Q    I will show you what I will ask the

         7   court reporter to mark as Exhibit 5.

         8                  (Bernath Deposition Exhibit

         9                  No. 5 was marked for

        10                  identification.)

        11             BY MR. KLAYMAN:

        12        Q    Showing you Exhibit 5, what is

        13   Exhibit 5, Mr. Bernath?

        14        A    That's my bio, my biography.

        15        Q    Is this an official Department of

        16   Defense biography?

        17        A    Yes, it is.

        18        Q    This biography was prepared in and

        19   around what period of time?

        20        A    A year or two ago.

        21        Q    This biography accurately describes

        22   your duties and responsibilities as Principal








                                                             156

         1   Deputy, Secretary of Defense, Public Affairs,

         2   correct?

         3        A    It provides a broad summary of my

         4   duties.

         5        Q    Is there anything that's inaccurate

         6   in here?

         7        A    No, there's nothing that is

         8   inaccurate.

         9        Q    Is there anything that you did in

        10   that position that is not listed in

        11   Exhibit 5?

        12        A    Certainly.

        13        Q    What is that?

        14        A    Let me answer it generally.  My

        15   working day at the Pentagon was 6 o'clock in

        16   the morning until 8:30 at night.  I did a lot

        17   of things that you cannot characterize in a

        18   one-page summary.  I don't think anybody's

        19   biography accurately depicts every specific

        20   detail of their jobs every day of the year.

        21   So this is an accurate summary of my job.

        22        Q    As part of your duties and








                                                             157

         1   responsibilities, you sometimes came to deal

         2   with Privacy Act information, is that not the

         3   case?

         4        A    Yes, and Freedom of Information,

         5   yes.

         6        Q    In fact, you were trained on how to

         7   deal with Privacy Act and Freedom of

         8   Information Act information, were you not?

         9        A    Many years ago I was at a course,

        10   yeah.

        11        Q    That course was provided by the

        12   Department of Defense?

        13        A    Yes.

        14        Q    What was the name of the course?

        15        A    I don't remember.

        16        Q    Where did the course take place?

        17        A    I would imagine at the Pentagon.  I

        18   don't specifically remember it, but I'm sure

        19   I did.

        20        Q    It was part of the general training

        21   procedures at the Pentagon, correct?

        22        A    I believe so.








                                                             158

         1        Q    They explained to you what Privacy

         2   Act material was?

         3        A    I'm sure they did.

         4        Q    They explained to you what should

         5   and should not be released to the public

         6   under the Privacy Act, correct?

         7        A    They went over types, but also --

         8   but also indicated that there is a not

         9   absolute privacy.  In other words, there are

        10   some judgment calls.

        11        Q    But they did tell you what should

        12   not be released under the Privacy Act?

        13        A    In general, types of information

        14   that should not be, yes.

        15        Q    What did they tell you was the

        16   types of information that could be released?

        17        A    Information about terms of

        18   employment are, generally, releasable.  I

        19   don't remember in details the course.

        20        Q    What do you mean by terms of

        21   employment?

        22        A    When a person arrived, their rank,








                                                             159

         1   pay are, generally, releasable.

         2        Q    Just basic information, correct?

         3        A    Correct.

         4        Q    But they didn't tell you that you

         5   could release information from forms that

         6   were filed out by an employee in confidence,

         7   did they?

         8        A    I don't remember what they said

         9   about -- I don't know that we ever got to

        10   specific forms.

        11        Q    They gave you some written

        12   materials, did they not, to review for that

        13   course, they meaning the Department of

        14   Defense?

        15        A    If they did, I don't have them.  I

        16   don't know.  I can't remember.

        17        Q    You don't have them currently?

        18        A    Yeah, I don't remember having them.

        19        Q    So you may have had them, but you

        20   just don't remember?

        21        A    That's correct.

        22        Q    In the course of your duties and








                                                             160

         1   responsibilities in your various jobs at the

         2   Department of Defense have you ever dealt

         3   with Privacy Act materials up to the point of

         4   the Linda Tripp controversy?

         5        A    In the course of my

         6   responsibilities I have been asked questions

         7   about people and I have released information.

         8   I am not -- things have not come across my

         9   desk as a matter of specifically this is a

        10   privacy matter or not.  So I haven't dealt

        11   with it specifically in that way.

        12        Q    On what occasions were you asked

        13   questions about matters that was concerning

        14   the Privacy Act up to Linda Tripp?

        15        A    Is your question what types of

        16   information have I released that may have

        17   privacy implications?

        18        Q    My question is, what information

        19   were you asked about up to the point of Linda

        20   Tripp that may have privacy implications?

        21        A    Well, we dealt with many issues

        22   pertaining to then Secretary of Defense Aspin








                                                             161

         1   concerning his taxes, his -- repairs on his

         2   house and a lot of personal details about his

         3   life and his actions is one example.

         4        Q    Some of the details about his life

         5   concerned whether or not he had ever been

         6   arrested?

         7        A    No.

         8        Q    Did it concern whether he had ever

         9   had a problem with the law?

        10        A    No.

        11        Q    What did it concern, generically,

        12   based on what's publicly known?

        13        A    I think I just told you.

        14        Q    What was the concern with Secretary

        15   Aspin?

        16             MR. QUINLIVAN:  We are going to

        17   object to this.  We're not going to go into

        18   what Secretary's Aspin's background was.

        19             MR. KLAYMAN:  I'm talking about

        20   public information, what he knew at the time

        21   is public.

        22             MR. QUINLIVAN:  It's not anywhere








                                                             162

         1   near being within the scope of the judge's

         2   guidance.

         3             MR. KLAYMAN:  Oh, it is and it

         4   deals with the whole course of conduct here.

         5             BY MR. KLAYMAN:

         6        Q    Please respond.

         7             MR. QUINLIVAN:  No, we're going to

         8   direct the witness not to respond.

         9             MR. KLAYMAN:  Certify it.

        10             BY MR. KLAYMAN:

        11        Q    Other than Secretary Aspin, any

        12   other instances?

        13        A    I have released -- I have dealt

        14   with the release of information.  That's as

        15   far as I want to go.

        16        Q    On how many occasions up to Linda

        17   Tripp?

        18        A    I can't --

        19        Q    Roughly speaking.

        20        A    I don't know.

        21        Q    Hundreds of occasions, correct?

        22        A    No.








                                                             163

         1        Q    Tens of occasions?

         2        A    Tens of occasions would be closer

         3   to accurate.

         4        Q    Were you ever accused of violating

         5   the Privacy Act up to the Linda Tripp

         6   controversy?

         7        A    No.

         8        Q    Were you ever investigated for

         9   violating the Privacy Act up to the Linda

        10   Tripp controversy?

        11        A    No.

        12        Q    Up to the point of the Linda Tripp

        13   controversy you were confident that you had

        14   never released Privacy Act covered material,

        15   correct?

        16        A    Up to the time of the Linda Tripp I

        17   have never had a -- any accusation or problem

        18   with any information that I've released.

        19        Q    But you yourself were confident

        20   that you hadn't released some information

        21   improperly under the Privacy Act, correct?

        22        A    Are you talking about prior to or








                                                             164

         1   including?

         2        Q    Prior to.

         3        A    Yes.

         4        Q    Generically speaking, what type of

         5   information had you released that wasn't

         6   covered by the Privacy Act?

         7        A    Generically speaking, when an

         8   individual -- when an individual is involved

         9   in some action that makes that individual

        10   more newsworthy, we tend to be -- tend to

        11   release a little more information than you

        12   would on somebody who is lower ranking.

        13        Q    How is that determination made?

        14   Are there any guidelines for it?

        15        A    Not that I'm aware of.

        16        Q    When you say we, who is we?

        17        A    In public affairs.

        18        Q    Who in public affairs makes that

        19   determination besides yourself?

        20        A    Well, I think that it's made on an

        21   individual basis.  You know, we try to

        22   respect the privacy, but there are also








                                                             165

         1   public interest concerns.  So I don't think

         2   there is a guideline.  I'm not aware of a

         3   guideline.

         4        Q    So is this subjective

         5   determination?

         6        A    To an extent.

         7        Q    In making that determination does

         8   anyone in public affairs consult with the

         9   Privacy Act?  Has that ever occurred?

        10        A    I'm sure it does.

        11        Q    Do you know if that ever happened?

        12        A    Are you asking --

        13        Q    Up to the point of Linda Tripp?

        14        A    I am sure that as -- that we

        15   frequently refer to general counsel on

        16   questions when they come up.

        17        Q    But you can't tell me a specific

        18   instance today, can you?

        19        A    No, because I haven't been involved

        20   in it.  But it does occur.

        21        Q    Before releasing the information on

        22   Linda Tripp did you consult with counsel?








                                                             166

         1             MR. QUINLIVAN:   Okay.

         2             BY MR. KLAYMAN:

         3        Q    You can respond.

         4             MR. QUINLIVAN:  You can respond.

         5             THE WITNESS:  No, I did not.

         6             BY MR. KLAYMAN:

         7        Q    Did you consult with anyone?

         8        A    Yes.

         9        Q    Who did you consult with?

        10        A    I consulted with my boss,

        11   Mr. Bacon.

        12        Q    Anyone else?

        13        A    Certainly we, in obtaining the

        14   records, dealt with the -- some other people

        15   and they knew what the -- what I was working

        16   towards, so -- but I would not call those

        17   consultations.

        18        Q    Who were those other people that

        19   the records were obtained from?

        20        A    David Cook, who is the Director of

        21   Administration and Management for the

        22   Washington Headquarter Services.








                                                             167

         1        Q    Where is he located?

         2        A    In the Pentagon.

         3        Q    Who else?

         4        A    Mr. Steve O'Toole, who is the

         5   director -- I'm want sure what his title is,

         6   but he had -- he was in charge of some of the

         7   security records.

         8        Q    What office does he work in?

         9        A    He works in the Pentagon.  He works

        10   for DOC Cook or David Cook.

        11        Q    Is he located in Washington, D.C.,

        12   at the Pentagon?

        13        A    Yes, he is.

        14        Q    Anyone else?

        15        A    At the Defense Security Service,

        16   and I can't remember his name, Les.  Les

        17   somebody.  He was the one who had the actual

        18   security form itself.

        19        Q    Where is that office located?

        20        A    I believe the DSS is in the

        21   Pentagon also, but I don't know where that

        22   is.








                                                             168

         1        Q    Anyone else?

         2        A    No.

         3        Q    Was there any contact with

         4   Department of Defense personnel in Baltimore?

         5        A    No, not from us, not from me.

         6        Q    Was any of the documentation that

         7   was ultimately obtained procured from

         8   Baltimore?

         9        A    Not that I'm aware of.  Not that

        10   I'm aware of.

        11        Q    Let's back up here.  Do you have to

        12   seek someone's approval before you release

        13   information to the media in the ordinary

        14   course of your duties?

        15        A    No.

        16        Q    In the case of Linda Tripp, before

        17   that information was released to the media,

        18   did you seek anyone's approval?

        19        A    Just my boss'.

        20        Q    Mr. Bacon?

        21        A    (Nodding)

        22        Q    Answer.








                                                             169

         1        A    Yes.

         2        Q    So you sought his authorization and

         3   you were releasing the information on his

         4   authorization?

         5        A    That's correct.

         6        Q    Was there anyone else that you have

         7   knowledge of inside or outside of the

         8   Pentagon that provided authorization to

         9   release Ms. Tripp's information to the media?

        10        A    No.

        11        Q    Do you know whether Mr. Bacon had

        12   talked to anyone inside the Pentagon about

        13   releasing the information?

        14        A    I know he had talked to David Cook

        15   also, DOC Cook.

        16        Q    Anyone else?

        17        A    Not that I'm aware of.

        18        Q    Mr. Bacon did talk with people

        19   inside the Secretary of Defense's office, did

        20   he not, before Mrs. Tripp's information was

        21   released?

        22        A    I don't know who he talked to.  I'm








                                                             170

         1   not aware.

         2        Q    Did you ever ask?

         3        A    No.  You mean about this incident?

         4   No.

         5        Q    Let's go back to this determination

         6   on whether material is Privacy Act or not and

         7   then we'll come back to this line of

         8   questioning.

         9             Are there any written guidelines

        10   inside the office to determine whether

        11   information is privacy material or not?

        12        A    No.

        13        Q    Are there any known oral guidelines

        14   to make that determination?

        15        A    Not that I'm aware of, not since

        16   I've been there.

        17        Q    Were there any memoranda created at

        18   the time that Linda Tripp's information was

        19   released about why it was being released?

        20        A    I prepared public affairs guidance

        21   that -- well, that I had released the

        22   information itself so that the other public








                                                             171

         1   affairs officers would know what had been

         2   released.

         3        Q    But was there any analysis written

         4   down as to why Tripp's information was being

         5   released?

         6        A    Not outside of public affairs

         7   guidance that I'm aware of that I can

         8   remember.

         9        Q    Not outside of public affairs?

        10        A    Guidance.

        11        Q    Guidance.  What is public affairs

        12   guidance?

        13        A    That's what we prepare to answer

        14   questions should media respond to their or

        15   ask a question.

        16        Q    That was prepared specifically with

        17   regard to Ms. Tripp?

        18        A    Yes.

        19        Q    Has that document been produced

        20   here today?

        21        A    Yes.

        22        Q    Which document is that?








                                                             172

         1             MR. QUINLIVAN:  Can I just ask

         2   counsel when you were planning on taking a

         3   lunch break?

         4             MR. KLAYMAN:  I thought we would

         5   take a lunch break in about a half hour and

         6   there is a hearing in front of the court

         7   at 2:30.

         8             MS. WEISMANN:  There is?

         9             MR. KLAYMAN:  Yeah.

        10             THE WITNESS:  Document 39 --

        11             MS. WEISMANN:  Well, then I think

        12   if we're going to have a hearing in front of

        13   the court, we need some time to get some

        14   lunch before.

        15             MR. KLAYMAN:  Well, that's what I'm

        16   saying.  Providing some time, that's 45

        17   minutes.

        18             MS. WEISMANN:  We have to get down

        19   to the courthouse, so why don't we take a

        20   break at 1:30.

        21             MR. KLAYMAN:  How about 1:35.  Is

        22   that all right?








                                                             173

         1             MS. WEISMANN:  Fine.

         2             MR. KLAYMAN:  Fine.

         3             THE WITNESS:  Document 39, RTQ is

         4   response to query.  You asked me if there was

         5   a document.

         6             BY MR. KLAYMAN:

         7        Q    When was this prepared?

         8        A    That was prepared the day that I

         9   talked to Ms. Mayer and I -- so what was

        10   that?  That was the 13th or 14th.  It was the

        11   Friday, whatever date that was.

        12        Q    Do you know if anyone in the

        13   Pentagon has ever been disciplined for

        14   releasing Privacy Act information?

        15        A    I don't know.

        16        Q    Did there come a point in time when

        17   you were requested by anyone to provide

        18   information about Ms. Tripp?

        19        A    I'm sorry.  That's so broad I don't

        20   know how to --

        21        Q    Did there come a point in time when

        22   you were requested to provide information








                                                             174

         1   about Ms. Tripp's prior history before

         2   joining the Pentagon?

         3        A    You mean -- let me just see if I

         4   understand your question.  Did we have any

         5   occasion to release information about her

         6   about the time before she came to the

         7   Pentagon?

         8        Q    Right.  Were you asked to provide

         9   information about her history before she came

        10   to the Pentagon?  Was there a point in time

        11   when that occurred?

        12        A    Our office had.  I had not.  But we

        13   certainly received a lot of questions about

        14   it, about her past before she came to the

        15   Pentagon, yes.

        16        Q    Who made those inquiries?

        17        A    I'd say no fewer than 40 or 50

        18   members of the media.

        19        Q    Were those requests made to you?

        20        A    No.

        21        Q    Who were they made to?

        22        A    To the director for defense








                                                             175

         1   information.

         2        Q    Who is that?

         3        A    That's the directorate who is

         4   normally charged with responding to media

         5   questions.

         6        Q    Who is that person?

         7        A    It's about 30 people.

         8        Q    Who is the supervisor of that group

         9   of 30 people?

        10        A    Colonel Richard Bridges.

        11        Q    Who is the second in command?

        12        A    Brian Whitman.

        13        Q    Who is the third in command?

        14        A    I don't think that they have a

        15   chain of command beyond that.

        16        Q    Other than those two individuals,

        17   do you know if there are others who work in

        18   that office who received requests from the

        19   media about Ms. Tripp?

        20        A    Certainly Ken Bacon did, certainly

        21   I did, phone calls came in to the front

        22   office.  If you can picture it, on








                                                             176

         1   January 21st the phones did not stop ringing

         2   anywhere in public affairs for the entire

         3   day, for the entire week afterwards.

         4        Q    Well, how did you find out that

         5   these request were being made to this other

         6   office that you just identified?

         7        A    In staff meetings that -- we would

         8   talk about numbers of queries.  We also

         9   prepared what you saw here in document

        10   number 30.  This is the questions that had

        11   been asked and how we respond to them.

        12        Q    Who was present at the staff

        13   meetings?

        14        A    I can't -- if anything came up at

        15   the morning meetings, then all of the

        16   directors -- most of the directors would have

        17   been there.

        18        Q    Who were the directors at that

        19   time?

        20        A    You want all the directors who

        21   would have been there?

        22        Q    Who were there at the staff








                                                             177

         1   meetings when the Monica Lewinsky/Linda Tripp

         2   matter broke.

         3        A    Well, you see, I can't tell you

         4   that because I can't tell you specifically

         5   which meetings -- you know, we have a staff

         6   meeting every morning.  I can't tell you

         7   which meetings we discussed it and which ones

         8   we don't.  I just don't have that memory.

         9        Q    Who in the ordinary course of what

        10   goes on in that office would likely have been

        11   present at those meetings after this

        12   controversy became known?

        13        A    It would have been Mr. Bacon, it

        14   would have been myself, Mr. Wilson, Captain

        15   Doubleday, Ms. Pursell, Mr. Whitman,

        16   Lieutenant Colonel Scott and some of the

        17   military assistants.

        18        Q    Who were they?

        19        A    They rotate, so I don't know which

        20   ones would have been in there.

        21        Q    Who made have been in there?

        22        A    Commander Grabiel, Colonel Vega and








                                                             178

         1   at that time it would have been Lieutenant

         2   Colonel Boltz.

         3        Q    B-o-l-t-z?

         4        A    Yes.

         5        Q    Was there a White House liaison at

         6   the Pentagon present during these meetings?

         7        A    Never.

         8        Q    Were there inquiries being received

         9   by you or anyone else from the Pentagon from

        10   the White House during this period for

        11   information?

        12        A    I am not aware of any request from

        13   the White House for any information.

        14        Q    Any contact concerning Linda Tripp

        15   during this period from the White House?

        16        A    Not that I'm aware of, no.

        17        Q    You can't remember?

        18        A    No, I'm saying not that I'm aware

        19   of.

        20        Q    You don't know whether or not that

        21   contact was made with people other than

        22   yourself?








                                                             179

         1        A    That's correct.

         2        Q    You don't know whether it was made

         3   with Colonel Bacon.  Do you?

         4        A    Mr. Bacon?

         5        Q    Mr. Bacon.

         6        A    No, I do not know that.

         7        Q    What was Mr. Wilson's job title?

         8        A    He was Deputy Assistant, Secretary

         9   of Defense.

        10        Q    What were his duties and

        11   responsibilities at the time?

        12        A    He was in Linda Tripp's direct

        13   supervisory chain.

        14        Q    Besides being in the supervisory

        15   chain what were his duties and

        16   responsibilities?

        17        A    He did community relations, press

        18   events for the Secretary and Deputy Secretary

        19   of Defense and outreach programs.

        20        Q    During these meetings that occurred

        21   after the Tripp matter broke, what was

        22   discussed, generally, during these meetings?








                                                             180

         1   What can you remember was discussed?  I'm not

         2   asking you any specific meetings, just

         3   generally.

         4        A    In general we discussed the press

         5   coverage of the day and where it was.

         6        Q    The press coverage with regard to

         7   Lewinsky and Tripp?

         8        A    Correct.

         9        Q    What else was discussed?

        10        A    That was the purpose of the meeting

        11   was to determine where the press was on a

        12   given day.

        13        Q    Well, did you also discuss what the

        14   response of the Pentagon would be to media

        15   inquiries about this controversy?

        16        A    Sometimes.

        17        Q    Was there a position that was

        18   decided upon as to what that response would

        19   be?

        20        A    On major issues we had certain

        21   messages that were developed, as you can see,

        22   in the document here.








                                                             181

         1        Q    Well, I'm just asking you right now

         2   what was the message that was developed with

         3   regard to Linda Tripp and Monica Lewinsky,

         4   the controversy?

         5        A    Most of the message was that --

         6   that these are allegations being handled by

         7   the office of Independent Counsel and it

         8   would be inappropriate for us to comment on

         9   them.

        10        Q    It would be inappropriate for you

        11   to provide any information relating to this

        12   controversy, correct?

        13        A    To the controversy, but not to

        14   specific information about their employment

        15   or things that in the Pentagon.

        16        Q    Did you want to add something more?

        17        A    No.

        18        Q    So it was decided that at those

        19   meetings that you and others could release

        20   information specifically about the

        21   individuals involved, Ms. Tripp or

        22   Ms. Lewinsky?








                                                             182

         1        A    The meetings were never in that

         2   degree of specificity.  We never discussed in

         3   that forum how to answer a specific what is

         4   to be released or what's not to be released.

         5        Q    Was there any discussion as to

         6   whether or not information could be released

         7   at all during those meetings?

         8        A    The only general guidance that we

         9   put out was that we would not speculate that

        10   the information that we put out would be

        11   factual.

        12        Q    What type of information was it

        13   decided that could be put out?

        14        A    We did not talk in that degree, so

        15   we didn't talk about that.

        16        Q    Was it decided that only certain

        17   individuals could put out information about

        18   the controversy and the individuals involved?

        19        A    After awhile, after the initial

        20   media went -- interest died down we talked

        21   about limiting it to a few people.  I don't

        22   think we ever did totally limit it though.








                                                             183

         1        Q    When did that occur, roughly

         2   speaking?

         3        A    It seems like a couple of weeks,

         4   maybe even -- about a couple of weeks after

         5   the controversy started, after the

         6   January 21st release.

         7        Q    Who made the decision as to who

         8   could release information?

         9        A    It was not a meeting where somebody

        10   made a decision.  It was a general agreement

        11   type meeting.

        12        Q    Who participated in that meeting?

        13        A    Mr. Bacon, myself, Mr. Wilson,

        14   Colonel Bridges, probably Brian Whitman,

        15   probably Captain Doubleday.  I can't

        16   remember.

        17        Q    What date was that?

        18        A    I do not remember.

        19        Q    Was it before or after you received

        20   the call from Jane Mayer, the first call?

        21        A    I believe it was before.

        22        Q    Who was decided could release








                                                             184

         1   information?

         2        A    We, generally, decided that the

         3   people sitting around that table would be the

         4   ones that should be doing it.

         5        Q    You discussed specifically what

         6   information could be released and what could

         7   not?

         8        A    No.

         9        Q    You are aware that Linda Tripp had

        10   a top secret security clearance, correct?

        11        A    Oh, yes.

        12        Q    To be able to obtain that top

        13   secret security clearance she would have had

        14   to have gone through a background security

        15   investigation, correct?

        16        A    Yes.

        17        Q    That background security

        18   investigation, you are aware, is conducted by

        19   the Federal Bureau of Investigation, correct?

        20        A    Actually my understanding is that

        21   there are levels of investigations, some of

        22   them done by Defense Investigative Service.








                                                             185

         1   So I'm not sure who does what levels of

         2   investigation.

         3        Q    But you are aware that the FBI does

         4   do background security investigations,

         5   correct?

         6        A    Yes.

         7        Q    Yes?

         8        A    Yes.

         9        Q    In fact, you've had one conducted

        10   by the FBI, at least one haven't you?

        11        A    Yes.

        12        Q    Have you had more than one?

        13        A    Well, I would guess, yes, over

        14   my 30-year career but, again, nobody has ever

        15   told me that the FBI did it.  I've never

        16   been -- I don't recall ever being interviewed

        17   by an FBI agent, frankly.

        18        Q    You are aware that the information

        19   contained in those background security

        20   investigations are classified, that

        21   information is classified?

        22        A    No.








                                                             186

         1        Q    Secret?

         2        A    I'm sorry.

         3        Q    Not to be released to the public?

         4        A    There is no classification on any

         5   of those forms that I am aware of.

         6        Q    You're aware that the information

         7   that is gathered by the FBI or whatever

         8   investigative service is not public

         9   information, correct?

        10        A    Normally that's true.

        11        Q    You are aware that when you start

        12   to work at the Pentagon, you have to fill out

        13   certain forms?

        14        A    Yes.

        15        Q    What forms specifically did

        16   Ms. Tripp have to fill out before she began

        17   working at the Pentagon?

        18        A    I don't know.  I mean I wasn't

        19   there. She -- I mean I had to fill out a 171,

        20   an employment record, any background

        21   information.

        22        Q    Form 398?








                                                             187

         1        A    398, yes.

         2        Q    In fact, the document you made

         3   reference to, number 39, the documents

         4   produced today, makes reference to Form 398

         5   that Ms. Tripp filled out, correct?

         6        A    Right.

         7        Q    You were aware at the time of this

         8   meting that the information contained on

         9   Form 398 was not public information?

        10        A    Which meeting are you referring to?

        11        Q    The meeting you just described

        12   where it was decided that information could

        13   be released about the individuals involved in

        14   the Lewinsky/Tripp controversy.

        15        A    The meeting that I just described

        16   did not talk about that.  The meeting that I

        17   described just dealt with a general who was

        18   going to be releasing information on it.

        19        Q    But up to that point in time you

        20   were aware that the information contained on

        21   Form 398 was not public information?

        22        A    That it is not generally made








                                                             188

         1   public, yes.

         2        Q    You are aware that information

         3   contained in FBI files is not public

         4   information?  You were aware of that up to

         5   that time?

         6        A    Actually I have no knowledge of FBI

         7   files.  I should add also that the 398 is not

         8   an FBI file.  That's why I don't have any

         9   knowledge of the FBI stuff.

        10        Q    You just stated that you were aware

        11   that the information contained in Form 398

        12   was not generally or normally made public,

        13   correct?

        14        A    I said generally, yes.

        15        Q    Up to the point in time of the

        16   meeting you just described did you receive

        17   any guidance from any source as to what could

        18   be made public of information on Form 398?

        19        A    Not that I remember, no.

        20        Q    So you had no basis to believe that

        21   any information contained on 398 could be

        22   made public?








                                                             189

         1        A    That's not my experience.  My

         2   experience, again, is that there is a

         3   judgment call to be made about the public's

         4   right -- public interest versus the privacy

         5   and certainly privacy has to be considered

         6   and the general inclination as towards

         7   privacy, but it is not absolutely.

         8        Q    Are you aware of any guidelines

         9   written or oral at the Department of Defense

        10   with regard to what information can and can't

        11   be released to the public on Form 398?

        12        A    No.

        13        Q    Up to the point of releasing

        14   information from Ms. Tripp's Form 398 had you

        15   ever released information from someone else's

        16   Form 398?

        17        A    I had never been asked; however,

        18   the next day I released the same information

        19   on Mr. Bacon.

        20        Q    Did you get specific authorization

        21   from Mr. Bacon to do that?  You did, didn't

        22   you?








                                                             190

         1        A    I did after the fact.  I did -- I

         2   was able to obtain his 398 through the same

         3   source as this without his permission.

         4        Q    When did you get the authorization

         5   after the fact?

         6        A    After I had received the 398 in my

         7   hand.

         8        Q    When you received the 398, you then

         9   asked for authorization from Mr. Bacon to

        10   release some information from him?

        11        A    That's correct.

        12        Q    But up to that point in time you

        13   hadn't released any information?

        14        A    I had never had a question on it.

        15        Q    So before you released it to the

        16   public you got Mr. Bacon's approval?

        17        A    Yes.

        18        Q    You didn't do that with Ms. Tripp,

        19   did you?

        20        A    That's correct.

        21        Q    You did not?

        22        A    That's correct.








                                                             191

         1        Q    So the answer to my question is,

         2   other than Ms. Tripp and Mr. Bacon you had

         3   never released information from a Form 398

         4   before?

         5        A    I had never been asked to release

         6   information, so I never released information.

         7        Q    So the answer is no, you had not

         8   released information from the Form 398 except

         9   for Ms. Tripp and Mr. Bacon?

        10        A    Yes.

        11        Q    Don't know of anyone else at the

        12   Department of Defense ever having released

        13   information from a Form 398, do you?

        14        A    I'm not personally aware of.

        15        Q    Mr. Bacon's authorization to

        16   release information from his Form 398 was in

        17   writing?

        18        A    No.

        19        Q    How was it made?

        20        A    Orally.

        21        Q    Where did you receive that

        22   authorization?  Were you in a meeting?








                                                             192

         1        A    No, I don't remember.  I mean I was

         2   not in the meeting.  I think it was just his

         3   office is right across from mine.

         4        Q    At the time that you released

         5   information on the 398 with regard to

         6   Ms. Tripp you were aware that that was

         7   Privacy Act information, correct?

         8        A    No, the fact is that it was one in

         9   a series of dozens of phone calls and it did

        10   not occur to me at the time that I was

        11   dealing with Privacy Act information.  That's

        12   what happened.

        13        Q    But your previous testimony is that

        14   you had been trained on the Privacy Act

        15   before you released it?

        16        A    I had received training years

        17   before.  At the time of the release the

        18   question of whether it was privacy or not did

        19   not enter any of the minds of myself or the

        20   people who I dealt with.

        21        Q    You have previously seen a copy of

        22   the Privacy Act, have you not?








                                                             193

         1        A    I'm sure I have.

         2        Q    You saw it before you released

         3   Ms. Tripp's information?

         4        A    Years.  I do not have a copy of it

         5   on my desk or anything like that, no.

         6        Q    I show you what I'll ask the court

         7   reporter to mark as Exhibit 7.

         8             MR. QUINLIVAN:  Counsel maybe this

         9   will be a good time --

        10             MR. KLAYMAN:  I just want to ask

        11   one or two more questions.  Ms. Weismann,

        12   please do not interrupt.  You are not counsel

        13   of record in this deposition.

        14             MS. WEISMANN:  I am counsel of

        15   record, Mr. Klayman.

        16             MR. KLAYMAN:  Not at this

        17   deposition.

        18             MS. WEISMANN:  We're going off the

        19   record now.  If you want to go forward with

        20   the hearing at 2:30, the witness and the rest

        21   of us are entitled to get lunch first.  If

        22   you want to change the time of that hearing,








                                                             194

         1   we can go forward for a few more minutes.

         2             MR. KLAYMAN:  Ms. Weismann, that

         3   attitude is not necessary.  I just have two

         4   questions left.

         5             MS. WEISMANN:  It's not a question

         6   of attitude.

         7             MR. KLAYMAN:  You have a

         8   significant attitude.

         9             MS. WEISMANN:  It's 1:35.  We

        10   agreed in advance that we would take a lunch

        11   at 1:35.

        12             MR. KLAYMAN:  It's not 1:35 on my

        13   watch and I want to ask one or two questions

        14   more.  Are you saying I can't?

        15             MS. WEISMANN:  Does the

        16   videographer, do you have time on your

        17   videographer, it can record the time?

        18             VIDEO TECHNICIAN:  Yes.

        19             MS. WEISMANN:  What time does it

        20   reflect right now?

        21             VIDEO TECHNICIAN:  I have 1:36.

        22             MS. WEISMANN:  Thank you.








                                                             195

         1             MR. KLAYMAN:  You're leaving,

         2   Ms. Weismann?

         3             MS. WEISMANN:  We agreed in advance

         4   that we would stop at 1:35 to get a lunch

         5   break.  If you want to agree that we'll go

         6   later before the court, then we will be

         7   willing to go for a few minutes more, but if

         8   you still insist that we're going to go

         9   forward at 2:30, yes, we are stopping as we

        10   agreed in advance the time you --

        11             MR. KLAYMAN:  Let's let record

        12   reflect that you're stopping this

        13   involuntary --

        14             MS. WEISMANN:  You picked the time,

        15   Mr. Klayman.

        16             MR. KLAYMAN:  -- and that you have

        17   interrupted the representation by

        18   Mr. Quinlivan of this witness.  This is

        19   inappropriate professional conduct.

        20             MS. WEISMANN:  We'll see you in

        21   court at 2:30.

        22             VIDEO TECHNICIAN:  We're going off








                                                             196

         1   video record at 1:37.

         2                  (Discussion off the record)

         3             VIDEO TECHNICIAN:  We're back on

         4   video record at 1:37.

         5             MR. KLAYMAN:  I would ask that the

         6   court reporter be present in Courtroom 21 for

         7   the hearing at 2:30 and bring any

         8   transcription that you have.

         9             VIDEO TECHNICIAN:  We're going off

        10   video record at 1:38.

        11                  (Whereupon, at 1:38 p.m., a

        12                  luncheon recess was taken.)

        13                   *  *  *  *  *

 

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