151
         1             MR. KLAYMAN:  Let the record

         2   reflect we took a break to see if we could

         3   stop the hammering upstairs.  We wouldn't

         4   want to let it be said, Mr. Ickes, that we're

         5   hammering on you.

         6             MS. SABRIN:  The record speaks for

         7   itself in that regard.

         8             BY MR. KLAYMAN:

         9        Q    Dan Kleidman, he's known as a

        10   pretty friendly reporter to the Clinton

        11   Administration, isn't he?

        12             MS. SABRIN:  Objection.

        13             THE WITNESS:  Who?

        14             BY MR. KLAYMAN:

        15        Q    Daniel Kleidman, Kleidman.

        16             MS. SABRIN:  Objection as to form.

        17             THE WITNESS:  I don't know.

        18             BY MR. KLAYMAN:

        19        Q    In fact, that's why you've dealt

        20   with him so much.

        21        A    I don't think that I said I dealt

        22   with him.









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         1        Q    You don't generally call reporters

         2   that are unfriendly toward the

         3   Administration, do you?

         4             MS. SABRIN:  Objection.  Assumes

         5   facts not in evidence as to who calls him.

         6             THE WITNESS:  Most of the calls

         7   comes from reporters, they're initiated by

         8   reporters to me; not all, but most.

         9             BY MR. KLAYMAN:

        10        Q    Who else, if anyone, did you deal

        11   with at Newsweek?

        12        A    I don't know.  I don't have a good

        13   memory on names.  If you name some people

        14   off, I can give you some --

        15        Q    Who do you deal with generally at

        16   The La Times?

        17        A    I deal with Alan Solomon a lot.  I

        18   deal with David Willman.  There are others.

        19        Q    New York Times?

        20        A    New York Times runs a gamut.  I

        21   mean you'd have to name some of the

        22   reporters.  But a number of the reporters who









                                                             153
         1   are -- Vanetta, I've dealt with him.

         2        Q    Don Vanetta.

         3        A    Right.  A number of other

         4   reporters.  If you want to name some names,

         5   I --

         6        Q    Jeff Girth?

         7        A    I have not talked to Mr. Girth in a

         8   long time.

         9        Q    His specialty is campaign finance,

        10   correct?

        11        A    I don't know what his specialty is.

        12        Q    Washington Times, who have you

        13   dealt with there?

        14        A    Now you really do tax my memory.  I

        15   don't know.  I know that I talk to one or two

        16   people at The Washington Times on very rare

        17   occasion.

        18        Q    Jerry Seper, does that ring a bell?

        19        A    His name rings a bell, but I don't

        20   know whether it's because I read his byline

        21   or whether I've talked to him.

        22        Q    New Republic, who do you talk to









                                                             154
         1   there?

         2        A    I don't know.  They've had a couple

         3   reporters, a couple of their reporters have

         4   called me.  I can't even recall their names.

         5   They change over a lot.

         6        Q    Steven Glass?

         7        A    It doesn't particularly ring a

         8   bell.  I don't think I've talked to him.  But

         9   I may have.

        10        Q    David Graham?

        11        A    He does not ring a bell with me.

        12   But, again, I may have.

        13        Q    Martin Peritz.

        14        A    I have talked to him, but not in

        15   connection with this.

        16        Q    Have you ever talked to Murray

        17   Wass?

        18        A    I may have talked to him once, but

        19   I couldn't place him.

        20        Q    Jonathan Broder?

        21        A    I do, I recall talking to him on

        22   occasion.









                                                             155
         1        Q    How many times have you talked to

         2   him in the last four months, approximately?

         3   Just roughly.

         4        A    I have no idea, Mr. Klayman.  I

         5   couldn't tell you with respect to any

         6   reporter how many times I've talked to them.

         7   I just have no recollection.  I just couldn't

         8   do it.  Don't know.

         9        Q    David Korn?

        10        A    Doesn't ring a particular bell with

        11   me.

        12        Q    Joe Conason?

        13        A    I've talked to Joe from time to

        14   time.

        15        Q    You talk to him pretty frequently,

        16   don't you?

        17        A    No, I said from time to time.

        18        Q    Jane Mayer?

        19        A    I talk to her from time to time.

        20        Q    About how many times have you

        21   talked to Joe Conason since February of this

        22   year?









                                                             156
         1        A    A handful.

         2        Q    How many times have you talked to

         3   Jane Mayer since February of this year?

         4        A    Oh, I don't know, a couple of

         5   handfuls.

         6        Q    Who at The Wall Street Journal do

         7   you talk to?

         8        A    If you can name some names, I can

         9   go down them.  I can't recall anybody

        10   directly.

        11        Q    In terms of your discussions with

        12   the President and Mrs. Clinton since February

        13   of this year, how many times have you talked

        14   to the President?

        15        A    I don't -- probably no more than

        16   four or five at the outside.

        17        Q    What were the subject matters of

        18   your conversations?

        19        A    It depended on what he wanted to

        20   talk about.  But it can typically range

        21   anywhere from whatever legislative or other

        22   activity he is involved in or focused on at









                                                             157
         1   the time of the phone call as well as just

         2   generally the investigations.

         3        Q    When was the first such

         4   conversation?

         5             MS. SABRIN:  Objection as to form.

         6             MR. KLAYMAN:  You can respond.

         7             MS. SABRIN:  If you understand the

         8   question.

         9        A    When you say the first

        10   conversation, in connection with what?

        11        Q    You said you've talked to him four

        12   to five times since February of this year

        13   when you embarked upon this activity that you

        14   decided upon with Mr. Kantor.

        15        A    When was Monica Lewinsky, when did

        16   that situation first --

        17        Q    January of '98.

        18        A    So we're talking February.  Since

        19   February when did I first talk to him -- I

        20   have no idea.  I don't have the foggiest idea

        21   when I talked to him.

        22        Q    You have talked to him about the









                                                             158
         1   Monica Lewinsky matter, have you not?

         2        A    I have.

         3        Q    You've talked to him about other

         4   matters that related to the so-called Clinton

         5   scandals or controversies, whatever you want

         6   to call them.  Correct?

         7             MS. SABRIN:  Objection as to form.

         8             THE WITNESS:  I've talked to him

         9   about, there are a number of controversies

        10   that have been going on and I have talked to

        11   him on occasion about those.

        12             BY MR. KLAYMAN:

        13        Q    You've talked to him about the

        14   Travelgate controversy?

        15             MS. SABRIN:  Within the last three

        16   or four months?

        17             BY MR. KLAYMAN:

        18        Q    Since January.

        19        A    Since January?

        20        Q    Yes.

        21        A    The Travelgate, I don't recall

        22   talking to him at all about Travelgate.









                                                             159
         1        Q    Have you talked to him about the

         2   Filegate controversy since January?

         3        A    No.  Not that I recall.  Again, I

         4   don't have a precise recollection of what we

         5   talked about, but I don't recall any

         6   discussion about Travelgate.

         7        Q    Have you talked to him about the

         8   Paula Jones case since January?

         9        A    I think there's been some passing

        10   conversation, but that was under litigation

        11   being handled by his lawyers.  So whatever

        12   conversation -- I'm sure we talked about it

        13   in passing.

        14        Q    You've talked to him about Kathleen

        15   Willey?

        16        A    I think we did have a very brief

        17   conversation about her at one point.

        18        Q    What did you discuss about Kathleen

        19   Willey?

        20             MS. SHAPIRO:  I'm going to object

        21   to that and instruct him not to answer.

        22             MR. KLAYMAN:  You can respond?









                                                             160
         1             MS. SHAPIRO:  No, he can't respond.

         2   I'm going to instruct him not to answer.

         3   That is a conversation that is subject to a

         4   variety of privileges.

         5             MR. KLAYMAN:  Which privileges?

         6             MS. SHAPIRO:  A variety of

         7   privileges.

         8             MR. KLAYMAN:  Well, name them.

         9             MS. SHAPIRO:  Well, it could

        10   potentially be a Presidential communication,

        11   it could be deliberative, it could be a

        12   number of privileges.

        13             MR. KLAYMAN:  Are you claiming

        14   Executive Privilege?

        15             MS. SHAPIRO:  I am instructing him

        16   not to answer on the basis of privilege,

        17   because it could be subject to Presidential

        18   communications.

        19             MR. KLAYMAN:  I want to know what

        20   the basis is.  You're instructing him.

        21   That's obviously very unusual to tell someone

        22   not to answer.









                                                             161
         1             MS. SHAPIRO:  I don't think it is.

         2   In fact, we've had this discussion and it's

         3   been briefed.  So I think you already have

         4   the legal argument set forth in papers that

         5   are currently before the court.

         6             MR. KLAYMAN:  How can you have

         7   allowed him to respond to these earlier

         8   questions and then arbitrarily tell him he

         9   can't respond to this one with regard to

        10   Kathleen Willey?

        11             MS. SHAPIRO:  I've allowed him to

        12   identify subject matter, which I think is

        13   appropriate.  But I'm not going to allow him

        14   to answer the question about what the

        15   conversation was specifically.

        16             BY MR. KLAYMAN:

        17        Q    Did you discuss with regard to the

        18   President the letters that Kathleen Willey

        19   had written to him?

        20             MS. SHAPIRO:  I object and I

        21   instruct him not to answer.

        22             MR. KLAYMAN:  Certify it.  Did you









                                                             162
         1   discuss with the President the release of

         2   those letters to Kathleen Willey -- from

         3   Kathleen Willey, to the public?

         4             MS. SHAPIRO:  Same instruction.

         5             BY MR. KLAYMAN:

         6        Q    Mr. Ickes, did you play any role in

         7   communicating with the press over Kathleen

         8   Willey?

         9             MS. SHAPIRO:  You can answer that

        10   question.

        11        A    I don't know what you mean by did I

        12   play a role.  Did I talk to the press about

        13   Kathleen Willey?  The answer is yes.

        14        Q    Did you talk to the press about the

        15   letters that Kathleen Willey had written to

        16   the President?

        17        A    After they became public, yes.

        18        Q    You are aware that those letters

        19   were kept in the White House.  Correct?

        20        A    I'm not aware of anything.  I don't

        21   know where they were kept.

        22        Q    You are aware that those letters









                                                             163
         1   came from Kathleen Willey's personnel file?

         2        A    Mr. Klayman, I'm not, as I've said

         3   before, I don't have attorney-client

         4   privilege.  I'm not employed by the White

         5   House.  I'm not at the White House.  I don't

         6   know where those letters came from.

         7        Q    Copies of those letters were

         8   provided to you by the White House, were they

         9   not?

        10        A    The only copies of those letters

        11   that I have are what I've seen on television

        12   and what I've clipped out of the newspapers.

        13        Q    Are you saying the White House or

        14   any other source never provided you with

        15   those letters?

        16        A    Not that I recall.  They may have

        17   faxed one or two letters over, but I have no

        18   recollection of it, and I don't think they

        19   did.

        20        Q    Do you keep an incoming fax log at

        21   your office?

        22        A    No.









                                                             164
         1        Q    Is there any recordation system to

         2   record incoming faxes?

         3        A    For our office, no.

         4        Q    Are incoming faxes stored in a

         5   file?

         6        A    No.

         7        Q    I take it they are.

         8        A    No.  It depends on what the fax is.

         9   If there is a fax that I want to keep, I keep

        10   it.  If not, I throw it away.

        11        Q    But you may have the Kathleen

        12   Willey letters on the premises.  Correct?

        13        A    I think it is remote beyond belief,

        14   because I do not have any recollection

        15   whatsoever of any Kathleen Willey letters

        16   being faxed to me.

        17        Q    But you may have them there.

        18   You're not sure.

        19        A    I think my answer, which I've now

        20   stated twice, speaks for itself.

        21        Q    Did you search before you came here

        22   today for your deposition to see if you have









                                                             165
         1   copies of any of the Kathleen Willey letters?

         2        A    I did.  I mean and this whole

         3   matter of searching, you haven't gotten into

         4   it and I assume you're coming back to it, but

         5   I've searched not only my home, as I talked

         6   to you before, but searched my complete

         7   office for anything that might pertain to

         8   this subpoena, and turned it over to my

         9   attorney, as I have done on any numerous

        10   occasions with respect to searching for

        11   documents in connection with all the other

        12   subpoenas that have been served on me.  I've

        13   searched my home and searched my office, et

        14   cetera.

        15        Q    In the course of your duties and

        16   responsibilities as a lawyer both in private

        17   practice and your work at the White House,

        18   you are aware of a law called the Privacy

        19   Act.  Correct?

        20        A    I'm aware of it.  I couldn't tell

        21   you much more than it's called the Privacy

        22   Act.









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         1        Q    When you began to work for the

         2   White House, was that the first time you'd

         3   been employed by government, back in 1993?

         4        A    Yes, to best of my recollection.

         5        Q    They provided you with some

         6   training or understanding as to what the

         7   Privacy Act was?

         8        A    I don't recall that.  There were

         9   general briefings when we first came into the

        10   White House.  It happened a long time ago.  A

        11   lot has transpired since then.  I've read a

        12   lot.  Much of what I've read is merged with

        13   what I knew then.  Whatever they briefed us

        14   on, they briefed us on.

        15        Q    But you did gain information that

        16   documents in a personnel file are

        17   confidential and not to be released to the

        18   public?

        19        A    That's my general understanding,

        20   Mr. Klayman.  When I gained that, I can't say

        21   with any accuracy.

        22        Q    You're aware that documents









                                                             167
         1   contained in FBI files are also covered by

         2   the Privacy Act; you did learn that, didn't

         3   you?

         4        A    I learned that.  When I learned it,

         5   I can't tell you either.

         6        Q    But you're aware of it today.

         7        A    I am vaguely aware of it today.  I

         8   couldn't give you much of a legal exposition

         9   on it.

        10        Q    Now, before you discussed the

        11   Kathleen Willey letters with members of the

        12   press, did you make any effort to determine

        13   from the White House whether that would be a

        14   violation of the Privacy Act?

        15        A    I didn't, Mr. Klayman.

        16             MS. SABRIN:  Objection as to form.

        17             BY MR. KLAYMAN:

        18        Q    You can respond.

        19        A    The reason I didn't is because my

        20   discussion of the Kathleen Willeys were based

        21   on what had been shown, what had been printed

        22   in the press.  So it didn't even dawn on me









                                                             168
         1   to call up the White House to find out if I

         2   had license to discuss with reporters what

         3   had been printed in various national

         4   newspapers and other media.

         5        Q    But you did discuss the contents of

         6   the Kathleen Willey letters with the

         7   President.  Correct?

         8             MS. SHAPIRO:  Objection.  That's

         9   the same instruction.

        10             MR. KLAYMAN:  Certify it.

        11             Now, you are aware, are you not,

        12   that information from Linda Tripp's Pentagon

        13   file has been released into the public

        14   domain.  Correct?

        15        A    I'm not -- I'm sorry.  Would you

        16   repeat the question?

        17        Q    You are aware that information from

        18   Linda Tripp's Pentagon file has been released

        19   to the public by the Pentagon.  Correct?

        20        A    I know that there's been some

        21   controversy about her personnel file.  I

        22   couldn't tell you, sitting here, what has









                                                             169
         1   been made available to the public.

         2        Q    Do you know Linda Tripp?

         3        A    I recall when we first came to the

         4   White House, I recall having met her.

         5        Q    How did you meet her?  Under what

         6   circumstances?

         7        A    She was working in the West Wing.

         8   I was working in the West Wing.  I, on

         9   occasion, I would be in the counsel's office,

        10   which is above where I worked, and I think my

        11   recollection is that she was sitting there.

        12   I typically introduce myself to new people

        13   when I first walked in, especially if you are

        14   working in a new job situation.

        15        Q    Did she introduce herself to you?

        16   Did she then identify who she was?

        17        A    I think, as I recall, she had a

        18   sign on her desk.

        19        Q    What did it say?

        20        A    I think it said either "Linda" or

        21   "Linda Tripp."  That's my best recollection.

        22   But I don't want to quibble about that.









                                                             170
         1        Q    Well, who was she working for?

         2        A    My understanding was that she was

         3   working for the counsel's office.

         4        Q    For Bernard Nussbaum, who was the

         5   counsel at the time?

         6        A    Mr. Nussbaum was the counsel when I

         7   first came to the White House, yes.

         8        Q    So she worked for him.  Correct?

         9        A    I don't know who she worked for.  I

        10   said that she worked for the counsel's

        11   office.

        12        Q    She worked for William Kennedy who

        13   is another counsel.  Correct?

        14        A    I have no -- as again, Mr. Klayman,

        15   I don't know who she worked for.  For the

        16   third time, my best understanding was that

        17   she worked for the counsel's office.

        18        Q    During your time at the White

        19   House, did you ever have occasion to deal

        20   with Linda Tripp in any way?

        21        A    As I said, I have been quite -- I

        22   recall meeting her at some point in a very









                                                             171
         1   casual way and I think introducing myself,

         2   and she may well have introduced herself to

         3   me.

         4        Q    Now, you testified that in the last

         5   months since the Monica Lewinsky scandal

         6   broke that you've had communications with

         7   Jane Mayer of the New Yorker.

         8        A    Yes.

         9        Q    Were those communications in person

        10   or by telephone?

        11        A    I think both.  I think I met her in

        12   my office either once or twice, and I've

        13   talked with her on the phone on several

        14   occasions.

        15        Q    The office that you're talking

        16   about is the one with the space sharing

        17   arrangement with the law firm.

        18        A    I don't know what law firm you're

        19   talking about.

        20        Q    Where you share space.

        21        A    We don't share space.  We rent

        22   space.









                                                             172
         1        Q    Rent space.  Where Ickes & Enright

         2   are located you previously identified.

         3        A    Yes, but it's not a law firm.

         4        Q    That's where you met with

         5   Ms. Mayer.

         6        A    That is where I recall meeting her

         7   on one or two occasions, yes.

         8        Q    She set the appointment up or did

         9   you set it up?

        10        A    I think she called me and asked me

        11   if I would spend -- she was working on a

        12   story.  I don't even know what story it was.

        13   She works on a lot of different stories.

        14        Q    It was a story involving Linda

        15   Tripp, wasn't it?

        16        A    I have no idea.  She works on a

        17   number of different stories.  She's a pretty

        18   busy journalist.  As I say, I've had contact

        19   with her four, five, six occasions either in

        20   person or by phone.

        21        Q    She came to visit you?

        22        A    She came to my office.









                                                             173
         1        Q    Was anyone else present when you

         2   met?

         3        A    I don't recall.  I don't think so.

         4        Q    What did she say to you?

         5        A    I don't know.  I don't have the

         6   foggiest idea.  Mr. Klayman, I talk to a lot

         7   of reporters and talk to a lot of people.  I

         8   can no more sit here under oath today and

         9   tell you what I said to her and what she said

        10   to me than the man on the moon.

        11        Q    Do you have a problem with your

        12   memory?

        13        A    I don't think my problem is any

        14   different from anybody else.

        15        Q    Are you currently on any

        16   medication?

        17             MS. SABRIN:  I would object to the

        18   extent you're asking him generally about

        19   medication, but I wouldn't object if you

        20   asked him about medication that might affect

        21   his memory.

        22             BY MR. KLAYMAN:









                                                             174
         1        Q    Are you currently on any medication

         2   today?

         3        A    I'm not going to answer that

         4   because I don't think you have A right to

         5   know that.

         6        Q    Is there anything today that may

         7   impair your memory that you're on?

         8        A    Not that I know of, other than age.

         9        Q    How old are you?

        10        A    I was born in 1939, which has

        11   already been asked and answered.

        12        Q    Did Ms. Mayer give you any

        13   documentation when you met that first time?

        14        A    Not that I recall.

        15        Q    When did that meeting take place?

        16        A    I have no idea.

        17        Q    You don't have a clue when it took

        18   place.

        19        A    It took place sometime in the time

        20   frame that you set out beginning sometime in

        21   February -- your time frame that we're

        22   working on that I'm answering questions about









                                                             175
         1   begins in, according to you, in early

         2   February.

         3        Q    You said that you met with her

         4   again.  Correct?

         5        A    I said that I recall meeting with

         6   her once and maybe twice.

         7        Q    What did you discuss during that

         8   second possible meeting?

         9        A    Same answer as to the first

        10   question you asked.

        11        Q    You don't have a clue.

        12        A    I don't recall.  I talk to a lot of

        13   different people about a lot of different

        14   things.  Under oath I could not say with any

        15   certainty as to what I talked to her about.

        16        Q    General subject matter, talked to

        17   her about the Clinton Administration?

        18        A    She was working on one of several

        19   stories.  I think it -- yeah.  The general

        20   subject matter was the situation known as

        21   Monica Lewinsky generally, which is a pretty

        22   broad topic, as we now, at least as I refer









                                                             176
         1   to it.

         2        Q    Did you discuss Linda Tripp with

         3   her?

         4        A    I think she may have raised the

         5   name Linda Tripp.  I don't think there was

         6   any -- whatever discussion there was, if

         7   there was any, was short-lived because I knew

         8   nothing about Linda Tripp, other than what

         9   I've testified to.

        10        Q    Did she ask you whether or not you

        11   had information as to whether or not Linda

        12   Tripp had ever been arrested?

        13        A    I don't recall her asking me that.

        14   And -- I don't recall her asking me that.

        15   She may have, but I don't recall it.

        16        Q    You've talked to her by telephone

        17   many times since the Monica Lewinsky scandal

        18   broke.  Correct?

        19        A    No, no, no.  Don't --

        20             MS. SABRIN:  Mischaracterizes prior

        21   testimony.

        22        A    Mr. Klayman, don't put words in my









                                                             177
         1   mouth.  Come on.  We're both professionals.

         2   I've already testified how many times I

         3   talked to her.  If you want to characterize

         4   two or three times as many, be my guest.

         5        Q    I believe you said you talked to

         6   her frequently, but you may have met two

         7   times.

         8        A    Mr. Klayman, I'm not going to be

         9   baited by that.  I've answered that question.

        10   It is on the record.  If you want the court

        11   reporter to read it back, you can

        12   characterize anything you want.  I'm not

        13   adopting your characterization.

        14        Q    What else did you discuss with Jane

        15   Mayer?

        16        A    I don't recall with any

        17   specificity.

        18        Q    Have you talked with Jane Mayer

        19   recently?

        20        A    How do you define recently?

        21        Q    Within the last two months.

        22        A    Within the last two months?  I









                                                             178
         1   probably have talked to her once or twice.

         2        Q    Have you talked to her about

         3   Judicial Watch and the legal proceeding that

         4   you're here on today?

         5        A    I don't think that I have, no.

         6        Q    You're not sure.

         7        A    I'm not sure about much,

         8   Mr. Klayman, but I'm -- as I say, my answer

         9   speaks for itself.

        10        Q    Have you talked to her about the

        11   article that she wrote in The New Yorker

        12   about Linda Tripp?

        13        A    I do not think that I've talked to

        14   her since that article came out.

        15        Q    You have seen that article.

        16   Correct?

        17        A    I've seen it.  Whether I've read it

        18   or not is a different question.

        19        Q    You are aware that Clifford

        20   Bernath, Pentagon spokesperson, has testified

        21   in this lawsuit before Judicial Watch?

        22        A    I'm not aware of that until now.









                                                             179
         1        Q    Do you know Kenneth Bacon?

         2        A    I do.

         3        Q    Press secretary of the Pentagon?

         4        A    Mmm-hmm.

         5        Q    When did you meet Kenneth Bacon?

         6        A    I met him, I don't recall, within,

         7   probably within the last two years, maybe

         8   three years, very casually.

         9        Q    Have you ever talked to Kenneth

        10   Bacon about Linda Tripp?

        11        A    A very -- we had dinner one night

        12   with mutual friends, and it was a very short

        13   conversation.  He acknowledged that she'd

        14   worked at the Pentagon.  I did not ask many

        15   questions about her.

        16        Q    When did you have dinner?

        17        A    I don't recall.

        18        Q    In the last few months?

        19        A    Yes.

        20        Q    Where did you have dinner?

        21        A    That's a good question.  I eat out

        22   a lot.  I don't recall.









                                                             180
         1        Q    You said you had dinner with mutual

         2   friends, though.  Who were those mutual

         3   friends?

         4        A    The friend was Steven Cohen.  Oh,

         5   that's right, I now recall.  It was Steven

         6   Cohen and we had dinner at his house.

         7        Q    Who was Steven Cohen?

         8        A    He's a friend of mine.

         9        Q    What is his profession?

        10        A    He is a professor of law.

        11        Q    Where does he practice?

        12        A    He doesn't practice law.

        13        Q    Where does he live?

        14        A    Do I have to give out Steven's --

        15             MS. SABRIN:  You mean the city or

        16   the --

        17             MR. KLAYMAN:  Yeah, well, I'm going

        18   to ask for the address.  You can give it to

        19   me in confidence, if you want.

        20        A    He lives in Washington, D.C.

        21        Q    Does he do anything professionally

        22   currently?









                                                             181
         1        A    I said he's a professor.

         2             MS. SABRIN:  He said he's a

         3   professor of law.

         4        A    He's a professor of law.

         5        Q    Is he a professor of law for a

         6   university?

         7        A    Yes.

         8        Q    Which university?

         9        A    Georgetown.

        10        Q    Who else was present at that dinner

        11   conversation?

        12        A    To the best of my recollection, it

        13   was myself, Mr. Bacon and Mr. Cohen.

        14        Q    Was your wife present?

        15        A    I don't think she was.

        16        Q    What's your wife's first name?

        17        A    Laura.

        18        Q    What specifically about Linda Tripp

        19   was discussed?

        20        A    As I say, I think I've already

        21   testified to that.  But in order to

        22   accommodate you, it was a very short









                                                             182
         1   conversation.  I knew nothing about Linda

         2   Tripp and I think I may have asked Ken when

         3   she came over to the Pentagon.  But other

         4   than that, we did not spend any time talking

         5   about her.

         6        Q    He told you that Linda Tripp had

         7   worked for him at the Pentagon and was still

         8   working for him?

         9        A    Well, I think, here's the problem

        10   with that question is that I've read about

        11   Linda Tripp.  What I learned from Ken and

        12   what I learned from newspaper reports and

        13   journalists has merged.  I think I already

        14   knew that when I had dinner with him.

        15        Q    How did you learn that before you

        16   had dinner, just from the newspaper reports?

        17        A    Yeah, you know, there had been a

        18   couple articles about Ms. Tripp.

        19        Q    You were aware that Monica Lewinsky

        20   also worked for Mr. Bacon.  Correct?

        21        A    I came to learn that also from

        22   newspaper articles.









                                                             183
         1        Q    You discussed Monica Lewinsky at

         2   that dinner as well?

         3        A    I think I may have -- I think her

         4   name was raised.  I knew her very briefly.

         5   She'd work in the Chief of Staff's office.  I

         6   think I asked Ken what sort of employee she

         7   was, and he had a very high regard for her as

         8   an employee.

         9        Q    Did the name Clifford Bernath come

        10   up during that dinner?

        11        A    No.  Not that I recall.

        12        Q    Was Mr. Bacon's wife present at the

        13   dinner?

        14        A    No.  I think I've testified

        15   earlier, just about two and a half minutes

        16   ago, that only three of us were there, to the

        17   best of my recollection.

        18        Q    It was kind of a men's dinner.

        19        A    Well, you can characterize it any

        20   way you want.  It was dinner, and you know

        21   who was there.

        22        Q    Was there a servant that served the









                                                             184
         1   meal during the discussions?

         2        A    No.  Steven doesn't employ

         3   servants.  I think it was Chinese takeout as

         4   I recall.

         5             MS. SABRIN:  What did you eat?

         6             THE WITNESS:  What did I eat?

         7             MR. KLAYMAN:  He probably remembers

         8   that.

         9        A    No, as a matter of fact I don't.

        10   Why, you find that funny?  I was just looking

        11   at the smile on your face.

        12        Q    Do you like my smile?

        13        A    I have no reaction to it one way or

        14   the other.  It's sort of a smirk.

        15        Q    Mr. Ickes, have you discussed Linda

        16   Tripp with anyone else other than Mr. Bacon

        17   in the last five months, since January?

        18        A    Yes.

        19        Q    Who have you discussed Linda Tripp

        20   with?

        21        A    I have no idea.  As I say, I talk

        22   to a lot of reporters and a lot of people.  I









                                                             185
         1   could not sit here under oath with any

         2   specificity to name, tell you what people

         3   I've talked to about Linda Tripp.  But I have

         4   discussed her and discussed her with a number

         5   of people.  She's been in the news, after

         6   all.

         7        Q    Have you had any discussions in the

         8   last six months with William Cohen, Secretary

         9   of Defense?

        10        A    No.  I am not sure that I've ever

        11   met Mr. Cohen nor am I sure that I've ever

        12   talked to him.

        13        Q    Have you ever discussed Linda Tripp

        14   with President Clinton?

        15        A    I don't have a specific

        16   recollection of discussing Linda Tripp with

        17   the President.

        18        Q    What do you mean by specific

        19   recollection?

        20        A    Just exactly what it says.

        21        Q    That means you have a general

        22   recollection.  Right?









                                                             186
         1        A    No, I don't have a general

         2   recollection either.

         3        Q    Where does the phrase "specific

         4   recollection" come from?

         5        A    I think I just said it, and then

         6   you repeated it.

         7        Q    That's a phrase which is used

         8   frequently by people who have testified from

         9   the Clinton Administration.  Correct?

        10        A    I couldn't tell you.

        11        Q    Well, what does "specific

        12   recollection" mean to you?

        13        A    It means what it says.  You can

        14   look it up in the dictionary.

        15        Q    Well, to me it means that you have

        16   some recollection; you just don't have that

        17   pinpoint recollection.

        18        A    Well, you can take it for whatever

        19   it means.

        20        Q    Tell me what recollection you have.

        21        A    I don't have any recollection.

        22        Q    About anything?









                                                             187
         1             MS. SABRIN:  Objection as to form.

         2             THE WITNESS:  It depends on what it

         3   is.  I thought we were going to be courteous.

         4   You certainly are degenerating here pretty

         5   quick.

         6             BY MR. KLAYMAN:

         7        Q    Have you ever discussed Linda Tripp

         8   with Mrs. Clinton?

         9        A    With Mrs. Clinton.  I can't say as

        10   an absolute certainty, but I am confident I

        11   have not.

        12        Q    How many discussions have you had

        13   with Mrs. Clinton either in person or by

        14   phone or otherwise since January of this

        15   year?

        16        A    Are we now in January or February?

        17        Q    We're going back to January.

        18        A    Oh, January.  I think probably not

        19   over three or four at most.

        20        Q    Were those discussions by phone or

        21   were they in person?

        22        A    Both.









                                                             188
         1        Q    How many were by phone and how many

         2   were in person?

         3        A    I think with -- probably no more

         4   than two and maybe no more than one in

         5   person, the rest by phone.

         6        Q    Where did you meet with

         7   Mrs. Clinton?

         8        A    When you say meet, what do you

         9   mean?

        10        Q    Did you meet at the White House?

        11        A    You mean, in which --

        12        Q    When you had the meetings where did

        13   you meet?

        14             MS. SABRIN:  Objection as to form.

        15   It assumes facts not in evidence.

        16             THE WITNESS:  I saw Mrs. Clinton at

        17   a reception that she and the President gave

        18   probably two weeks ago at the White House.

        19             BY MR. KLAYMAN:

        20        Q    At the White House.  Now, did you

        21   discuss anything about the Clinton scandals

        22   at that time?









                                                             189
         1             MS. SABRIN:  Objection as to form.

         2             THE WITNESS:  It was a reception

         3   for two people who were going away and we

         4   exchanged pleasantries.

         5             BY MR. KLAYMAN:

         6        Q    What two people were going away?

         7        A    Is there not a relevance --

         8             MS. SABRIN:  Objection on

         9   relevancy.  It has absolutely nothing to do

        10   with anything --

        11             MR. KLAYMAN:  There were people

        12   that were there that may have overheard the

        13   conversation.

        14             MS. SABRIN:  How many people were

        15   there?  Do you want to ask all 100 of them?

        16             MR. KLAYMAN:  You can cross-examine

        17   if you want.  But when your turn comes.

        18             BY MR. KLAYMAN:

        19        Q    Who were the two people?

        20        A    The two people who were going away?

        21        Q    Yes.

        22        A    One was Steven Silverman and the









                                                             190
         1   other was Emily Bromberg.

         2        Q    What was Steven Silverman's

         3   position before he went away?

         4        A    He worked in the White House.

         5        Q    Do you know what his position was?

         6        A    No, I don't know his exact

         7   position.

         8        Q    Do you know what his duties and

         9   responsibilities were?

        10        A    He worked in the office that dealt

        11   with Cabinet affairs.

        12        Q    The other one is named Bromberg?

        13        A    Yes.

        14        Q    What was his duties and

        15   responsibilities?

        16        A    Well, as I said just a moment ago,

        17   but apparently you forgot, her name was

        18   Emily.

        19        Q    Emily.

        20        A    Right.  So it's a she not a he.

        21        Q    Thank you.

        22        A    Do you want to repeat your









                                                             191
         1   question?

         2        Q    What were her duties and

         3   responsibilities at the White House?

         4        A    She worked in Intergovernmental

         5   Affairs.

         6        Q    Now, you discussed more than just

         7   pleasantries with Mrs. Clinton, didn't you?

         8        A    I discussed pleasantries with

         9   Mrs. Clinton.  I was speaking at the event,

        10   she was speaking at the event.  It was a

        11   social occasion and people were enjoying

        12   themselves.

        13        Q    What was the subject of your

        14   speech?

        15        A    I was lauding the two people who

        16   were leaving.

        17        Q    Did you discuss any aspect of the

        18   Clinton scandals?

        19             MS. SABRIN:  Objection as to form.

        20             BY MR. KLAYMAN:

        21        Q    You can respond.

        22        A    Well, you're now switching back and









                                                             192
         1   forth on me, Mr. Klayman, I assume by malice

         2   aforethought.  You're talking about my speech

         3   or you're talking about my discussion?

         4        Q    Your speech.

         5        A    Oh, the speech.  You used the word

         6   "discussion," which you probably forgot.  The

         7   answer is I did not discuss the controversies

         8   in the speech.

         9        Q    Did you discuss the controversies

        10   otherwise during the evening?

        11        A    Oh, I may have.  I mean there were

        12   a lot of people there and there may have been

        13   some minor discussion.

        14        Q    Who did you have that discussion

        15   with?

        16        A    I have no idea.  I talked to a lot

        17   of people that --

        18        Q    That's one time you met with

        19   Mrs. Clinton.  Where did you meet with her

        20   another time?

        21        A    I don't recall whether I met with

        22   her.  As I said, I was very qualified in what









                                                             193
         1   I say.  I do recall meeting with her once.  I

         2   may have met with her a second time.  It may

         3   have been at -- I don't even know when the

         4   reception was.  I think there was a dinner at

         5   the White House to which my wife and I were

         6   invited.  The fact is I don't recall whether

         7   it was before January, after January.  I

         8   would have talked to Mrs. Clinton there.

         9        Q    Did you talk to Mrs. Clinton on

        10   this other occasion about Clinton scandals

        11   any aspect?

        12        A    No.  Again, it was a social

        13   occasion.  She was enjoying herself.

        14             MR. KLAYMAN:  Go off the record for

        15   a second.

        16             VIDEOGRAPHER:  We're going off

        17   video record at 12:48.

        18                  (Discussion off the record)

        19             VIDEOGRAPHER:  We're back on video

        20   record at 12:48.

        21             BY MR. KLAYMAN:

        22        Q    During your various meetings or









                                                             194
         1   conversations with Mrs. Clinton in the last

         2   months since January of 1998, have you talked

         3   about any aspect of the Clinton scandals?

         4        A    Oh, I'm sure that there have been

         5   passing reference to it.  But basically, my

         6   discussion with her is how is she doing, how

         7   is the President doing.  It's sort of more

         8   social, if you will, basically inquiring

         9   about how she's doing.

        10        Q    What was the passing reference?

        11   What did it reflect?

        12        A    I can't recall with any

        13   specificity.

        14        Q    How about with just general?

        15        A    I can't even recall with general

        16   specificity.

        17        Q    Don't have a clue.

        18        A    As I said, Mr. Klayman, for the

        19   fourth time, I talk to a lot of people.  As

        20   you reminded me on more than one occasion

        21   during this deposition, I'm under oath.  I

        22   wouldn't want to tell you anything that I









                                                             195
         1   don't recall with specificity.  So I cannot

         2   tell you, I could not separate the

         3   conversations that I've had with

         4   Mrs. Clinton, with the President, and with

         5   many members of the press, staff at the White

         6   House, as to the nature of the conversations.

         7        Q    So is it your view that discussions

         8   with President and Mrs. Clinton are just

         9   discussions with any old people?

        10        A    I didn't say that.

        11        Q    That's the President and First Lady

        12   of the United States.  Correct?

        13        A    Yeah, I understand that.

        14        Q    They're important people, are they

        15   not?  Correct?

        16        A    I would certainly agree with that.

        17        Q    It doesn't get more important than

        18   President and First Lady, does it?

        19        A    My wife's pretty important.

        20        Q    In your experience?

        21        A    My wife and daughter are pretty

        22   important.









                                                             196
         1        Q    Do you remember conversations with

         2   your wife?

         3        A    What?

         4        Q    Do you remember conversations with

         5   your wife?

         6        A    It depends what the conversation

         7   is.

         8        Q    Those are three very important

         9   people.  Correct?

        10        A    Yeah.  My daughter, I added her in

        11   there, too.

        12        Q    You tend to remember those

        13   conversations, don't you?

        14        A    I didn't say that.

        15        Q    If you're calling or being called

        16   by the President or First Lady, you'd

        17   remember what you were talking about,

        18   wouldn't you?

        19        A    Not necessarily.  It depends on

        20   what the conversation was about.

        21        Q    But you're telling me you don't

        22   remember anything.









                                                             197
         1        A    That's not what I'm telling you.

         2             MS. SABRIN:  Objection, asked and

         3   answered.

         4             BY MR. KLAYMAN:

         5        Q    Then what do you remember?

         6        A    I'm telling you that I don't

         7   remember with specificity what I talked to

         8   them when I talked to them.

         9        Q    Well, then just tell me generally.

        10        A    I don't remember generally.  It

        11   depends.  It depends what the President was

        12   interested in, what legislation was pending,

        13   what he was focused on at the time.  I

        14   couldn't any more tell you whether it was

        15   tobacco or, you know, foreign affairs or what

        16   have you that he talked about.

        17        Q    In your conversations with the

        18   President and the First Lady, did they ever

        19   thank you for your ongoing efforts on their

        20   behalf, the efforts from January 1998

        21   forward?

        22        A    Did they ever thank me?









                                                             198
         1        Q    Thank you for what you were doing

         2   after you had this discussion with Mickey

         3   Kantor and decided that you'd play some

         4   voluntary role.

         5        A    I think it's fair to say, I don't

         6   know what words they used, that both have

         7   expressed appreciation for what I've been

         8   doing and support generally.

         9        Q    What you've been doing currently.

        10        A    What?

        11        Q    What you've been doing currently,

        12   since February of '98.

        13        A    Well, the President has thanked me

        14   as has the First Lady over the course of our

        15   long friendship on any number of occasions.

        16   Pretty gracious people.

        17        Q    But he's thanked you for what

        18   you've been doing since February '98.

        19        A    I think that they have expressed,

        20   as I said for the second time, Mr. Klayman,

        21   they have expressed appreciation.  I don't

        22   know the exact words.









                                                             199
         1        Q    They know what you've been doing

         2   since February of '98.  Correct?

         3        A    I don't report to them.  The

         4   conversations I have with them are very

         5   short.  They're very busy people.  I don't

         6   impose myself on them.  You'll have to ask

         7   them about what they know.

         8        Q    Well, how did they thank you if

         9   they didn't know what you were doing?

        10        A    They knew that I have been

        11   supportive.

        12        Q    They knew that you were doing

        13   specific things in terms of communications

        14   with the press.  Correct?

        15        A    They knew generally that I was

        16   talking with the press.  I don't think they

        17   knew any specifics.

        18        Q    Now, to be able to talk to the

        19   press you have to get information from the

        20   White House from time to time.  Correct?

        21        A    As I said, now for the fourth time,

        22   Mr. Klayman, I don't have attorney-client









                                                             200
         1   privilege with the President.  The

         2   information, as I've explained to you in some

         3   detail already but I'll as a courtesy to you

         4   so we can move this thing along -- it's sort

         5   of interesting how you criticize my memory

         6   and you can't remember what was said half an

         7   hour ago, but putting that aside, we'll just

         8   put that aside.  Maybe you're on some drugs

         9   that affect your memory.  I know nothing

        10   that's not in the public domain.

        11        Q    But you do have communications from

        12   time to time with the White House, and I'm

        13   talking going back to January of '98, where

        14   the White House provides information to you.

        15   Correct?

        16        A    I have communications with the

        17   White House about the ongoing situation.  To

        18   the best of my knowledge, and I'm quite

        19   confident of this, the White House does not

        20   provide me with any information that people

        21   at the White House, the nonlawyer staff at

        22   the White House know and, knowing how the

 

 

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