101
1 A No, no files. There's -- I'm sure
2 there are articles and things like that, but
3 there are no files.
4 Q I'm just using that subset because
5 that subset is currently in the news.
6 Do you know whether files are
7 elsewhere in the White House on these
8 entities, on any of these entities?
9 A I couldn't speak to that, no. I
10 mean I have no knowledge of any of that.
11 Q Or persons?
12 A I'm sorry?
13 Q Or persons?
14 A Or persons what?
15 Q Well, I just listed entities or
16 persons. An entity would be American
17 Spectator, a person would be Bob Barr.
18 MS. GILES: The question is whether
19 there are files --
20 MR. KLAYMAN: Any files anywhere
21 else in the White House?
22 MS. GILES: On any person?
102
1 MR. KLAYMAN: On any persons or
2 entities.
3 BY MR. KLAYMAN:
4 Q Not limited to your office, but
5 elsewhere, somewhere else?
6 A I really couldn't speak for the --
7 for the White House, but I'm not aware of any
8 such files. I've never seen any files on the
9 people that you mentioned or the
10 organizations.
11 Q Are you aware of such files in
12 existence outside of the White House?
13 A No.
14 Q Are you aware of whether
15 Mr. Carville has files on those persons or
16 entities?
17 A I'm not personally aware of that at
18 all, no.
19 Q Are you aware of whether the
20 Democratic National Committee has files on
21 these persons or entities?
22 A Am I aware that they have files
103
1 you're asking me or do I think they probably
2 have information or press articles or that
3 kind of --
4 Q Files or information.
5 MS. GILES: Are we also talking
6 about the entitles or persons you listed
7 or --
8 MR. KLAYMAN: Yes, yes.
9 THE WITNESS: I would be surprised
10 if the Democratic National Committee as an
11 institution or, you know, that they didn't
12 have something -- some printed article or
13 something on any of the people that you just
14 mentioned.
15 BY MR. KLAYMAN:
16 Q Let's go back to your document
17 search.
18 Well, let's finish. You listed
19 what you have in your office. What is kept
20 in other parts of the suite?
21 A There are two file cabinets outside
22 of my office.
104
1 Q Do you want to draw where they're
2 located on Exhibit 3?
3 A Has this already been copied or --
4 well, whatever.
5 Q Yeah, it has.
6 A That's fine.
7 Q We can recopy it again.
8 Why don't you draw where your file
9 cabinet was that you described in your
10 office, your office, and then the ones you're
11 about to describe outside of your office?
12 Tell me what you're about ready to
13 describe as outside of your office, what's
14 kept in those file cabinets.
15 A In one of them it's the daily press
16 clips, the daily printed press clip packet
17 just kept chronologically and the other one
18 is our vetting files and there are -- yeah,
19 those are the two file cabinets.
20 Q Are press clips prepared in your
21 office?
22 A I don't understand the question.
105
1 Q What are press clips?
2 A Press clips is a daily produced
3 item by I don't know who, that's sort of a
4 hundred pages or something legal-sized,
5 printed on White House news summary with
6 clips from all the major newspapers.
7 Q Is that prepared by your office?
8 A No, sir.
9 Q Who prepares it?
10 A I don't know.
11 Q It just arrives in your office?
12 A It's delivered to our office in the
13 morning.
14 Q So you keep them chronologically?
15 A Correct.
16 Q How far back do keep them?
17 A I don't know. I mean it's --
18 Q And what are vetting files? What
19 does that mean?
20 A That is -- one of the major
21 functions of our office is vetting. A
22 process established -- one of the reasons I
106
1 was hired was to under Erskine Bowles, Chief
2 of Staff Erskine Bowles' direction, was to
3 set up a new system by which we would avoid
4 or attempt to ensure that people invited to
5 White House events or events with the
6 President were appropriate for, you know,
7 those events. So that there's a system that
8 has been set up that I helped set up that we
9 run a simple Nexis check on, you know, a
10 guest list of people who are proposed guests
11 for events and we keep those files by event.
12 Q When was this system set up? In
13 the last year or so?
14 A Right around the time that I was
15 hired, so, yes, in February or March
16 sometime, to the best of my recollection.
17 Q Of '97?
18 A Of '97, correct.
19 Q Was it in response to the campaign
20 finance scandal of the reports about Chinese
21 agents getting into the White House and
22 things like that?
107
1 A I can only tell that you it was --
2 the Chief of Staff thought it was very
3 important to -- you know, as he was coming
4 in -- becoming the Chief of Staff, that this
5 is something he wanted, to ensure that this
6 system were improved upon.
7 Q How you do the vetting?
8 A Nexis, simple Nexis check.
9 Q You do more than Nexis, don't you?
10 A No, sir.
11 Q Do you communicate with the FBI
12 sometimes over who is vetted?
13 A Absolutely not. Never.
14 Q Do you communicate with the CIA
15 over who's vetted?
16 A Never.
17 Q Any other intelligence agency?
18 A No, sir, absolutely not.
19 Q NSA?
20 A Never.
21 Q Who does?
22 A Who does what?
108
1 Q Communicate with these people.
2 A At the White House?
3 Q Yeah, when they do the vetting of
4 who goes to White House functions.
5 A I have no knowledge that anyone
6 does that.
7 Q Are you saying that no one ever
8 checks to see if someone's a foreign agent of
9 another government before they're allowed
10 into the White House?
11 A That's outside of my knowledge,
12 frankly. There's -- there's a separate
13 vetting press, which I'm not really all that
14 aware of.
15 Q Who handles that?
16 A There are -- it's a separate
17 system. The NSC is responsible for vetting
18 anyone who is a non-U.S. citizen and I --
19 Q Do you communicate with the NSC?
20 A No, I have never communicated with
21 the NSC.
22 Q Tell me what other documents are
109
1 stored on the suite.
2 A What other documents are stored in
3 the suite. There are bookcases across from
4 the file cabinets I just drew that are, you
5 know, floor to ceiling. They include public
6 papers of the President's.
7 Q They're right outside of Robin's
8 office?
9 A Correct.
10 Q And what do they contain? I'm
11 sorry?
12 A What does what contain?
13 Q The bookcases. I didn't hear you.
14 A The volumes -- I'm sorry. The
15 volumes of public papers of the President's,
16 which is a year-by-year summary of what, you
17 know, official comments and remarks by the
18 President.
19 Q It's all public information that's
20 been disseminated?
21 A Yeah, there's an official -- I mean
22 I don't know the -- I don't know the entire
110
1 process, but any public statement or
2 proclamation speech that's part of any
3 president's public record is collected and
4 officially -- and after a year or however
5 long, it's published as a volume for that
6 year.
7 Q What else is kept in the suite?
8 A There are probably also some
9 magazines and other publications that are
10 kept on those bookshelves. And -- and then
11 outside of Glen's office there's a credenza
12 that just has office supplies and in-box --
13 in-boxes and I think there's another bookcase
14 or two above where the intern things are
15 drawn that are like reference books. And --
16 and what else is -- I can't speak to anything
17 that's in -- well, as I described, I believe,
18 I'm hazy, I believe there's a bookcase
19 outside of Brenda's office that is binders,
20 is my recollection, although, again, she's
21 not within my staff. I can't speak to what
22 is in her office or what is in Ann Walker's
111
1 office.
2 Q Well, let me stop you here. Mail
3 gets delivered to your suite, does it not,
4 internal mail?
5 A Yes.
6 Q Who distributes it to Brenda
7 Costello?
8 A No one.
9 Q Does it come in bundled, the mail?
10 A It comes in all types of different
11 ways I suppose.
12 Q How does it come in? I don't want
13 to tell you how it comes in.
14 A A letter or a couple of letters put
15 with -- I mean I don't know. I don't know
16 what she gets. Mails comes in generally and
17 there's our in-boxes and people's mail is put
18 in their in-box.
19 Q Who sorts the mail, generally?
20 A Whoever does mail for the White
21 House. I don't know. I mean it comes in and
22 it's put into in-boxes by whoever delivers
112
1 the mail.
2 Q Is there a fax machine in the
3 suite?
4 A Yes, sir.
5 Q More than one?
6 A No.
7 Q Does Ms. Costello have her own fax
8 machine?
9 A No, sir.
10 Q She sometimes gets faxes in the
11 suite, does she not?
12 A I'm sure she does.
13 Q And who handles outgoing mail from
14 the suite?
15 A I don't understand.
16 Q Does anyone handle processing mail
17 that's going out, puts postage on it, they
18 log it to send it to the mail room?
19 A No, sir. There's an outgoing
20 mailbox and anyone who has outgoing mail
21 would put it in there, it would get picked
22 up.
113
1 Q Let's continue with what other
2 types of documents and things are stored in
3 the suite and where.
4 A Rajiv over in that little open
5 alcove, I -- he has virtually nothing. He
6 just began two weeks ago. So he's got a
7 computer and desk with a file drawer. And
8 there's another -- I believe there's another
9 small bookcase there, but I don't know. Most
10 of what is in that area that is marked Rajiv
11 is Ann Walker's material there. I don't -- I
12 can't speak to what it is. And, you know,
13 there -- there's another cubbyhole with
14 office supplies in it down behind where
15 Rajiv's name is written. And then there's
16 Glen and Robin's offices and they each have
17 probably one file cabinet and I believe
18 that's it. I believe there's -- yeah, one
19 file cabinet in each of their offices. They
20 have their own, you know, their own files.
21 Q What's kept in their file cabinet?
22 A I can't speak -- actually, now, one
114
1 of the -- there's two -- there are two file
2 cabinets in Glen's office. One of which is
3 like a common file cabinet that's issues like
4 alphabetical that's -- that everyone uses and
5 then beyond that I don't know. I think Robin
6 has a very -- has a small file cabinet next
7 to her desk somewhere, but beyond that -- and
8 Glen has a small file cabinet.
9 Q And what are kept in those file
10 cabinets?
11 A I don't know. I didn't personally
12 go through their own files.
13 Q Is there a central repository for
14 computer diskettes?
15 A No, sir.
16 Q Do you keep a receptacle for your
17 computer diskettes?
18 A No, and the reason for that would
19 be that I don't use computer diskettes and I
20 don't believe -- to my knowledge, we -- we
21 don't widely use them.
22 Q How are documents stored on the
115
1 computer? Does it go into a central White
2 House server?
3 A Yes, sir. They are stored -- we
4 have a common -- we have a shared area that
5 there's where they're stored.
6 Q What do you mean be a shared area?
7 A I mean there's a drive which is
8 research communications that all of us can
9 work on different savings of documents.
10 Q For your office?
11 A Yeah, for our office only. That
12 only we have access to.
13 Q And Brenda Costello stores her
14 documents over that server as well, does she
15 not?
16 A No, sir. No, sir.
17 Q How do you know that?
18 A Because the only people who have
19 access to our E drive, which was created, you
20 know, when I became resource director, are
21 people who work for me in communications
22 research.
116
1 Q She has a computer in her office,
2 Ms. Costello?
3 A Yes, sir, I think I already said
4 that.
5 Q And have you ever seen her with
6 computer diskettes?
7 A I couldn't say whether I have or
8 haven't, frankly. I -- I don't recall having
9 seen her with any computer diskettes.
10 Q So she's storing her documents on a
11 central server?
12 A I -- I'm just not comfortable
13 discussing how Brenda stores her documents.
14 I -- I couldn't answer you as to how she does
15 that.
16 Q But you're certain it's not on your
17 server?
18 A Yes, sir.
19 Q How do you know someone hasn't
20 given her the code you serve?
21 A I know what's in --
22 Q You don't know, do you?
117
1 A No, I don't know that. I know
2 what's in my server and I know that, you
3 know, it's -- to the best of my ability,
4 having looked through it, it is our -- I
5 didn't see anything that I didn't sort of
6 recognize.
7 Q Is there an area in the executive
8 office where Mrs. Clinton has her staff?
9 Generally speaking, the central location for
10 Mrs. Clinton's staff, where is that in the
11 White House?
12 A To be honest with you, I couldn't
13 say. I think they're -- as far as I know,
14 they're scattered all over the place.
15 Q Do you know where Mrs. Clinton's
16 office is?
17 A To be honest with you, I'm not sure
18 I do. I mean, no, I don't. Oh, wait a
19 minute. She has -- no, I don't know. I
20 don't know where her office is.
21 Q Now, let's get back to the issue of
22 how you did the search for the documents that
118
1 were requested in Exhibit 1. Tell me who you
2 assigned to look into the different
3 receptacles, file cabinets, bookcases,
4 whatever that you just identified. Who had
5 the responsibility? Computers, servers? Who
6 was assigned to each of those various storage
7 facilities?
8 A Sure. I think as I described it to
9 you before, I myself personally searched my
10 own -- all of my own computer files and my
11 own personal desk drawer and the drawer --
12 the drawer of the credenzas, as I described.
13 I don't have a desk drawer. Excuse me. The
14 drawer I described behind me. And I
15 personally went through and spent seven hours
16 going through the file cabinet I described in
17 my office, the two file cabinets outside of
18 that office and the one common file cabinet
19 in Glen's office and actually probably spent
20 more like 10 or 11 hours doing that.
21 Q Who went through the file cabinets
22 in Robin's office?
119
1 A I asked Robin to check her own
2 computer files and her hard files for
3 anything related to FBI or FBI files or FBI
4 reports, background reports or -- that was,
5 basically, my direction to her. And I did
6 the same thing with -- with Glen with the
7 caveat, you know, to be fully honest, the
8 common directory that I described to you, our
9 drive that is communications research, I
10 asked Glen to do the word searches on that
11 common area. So that's -- that's how the
12 search was done.
13 Q Did you give instructions to any of
14 the interns and Rajiv?
15 A I'm sorry. I also -- I keep
16 forgetting about Rajiv because he just
17 started with me. I also asked him to do a
18 search of his -- he doesn't have any files I
19 don't believe, but if he were to have any,
20 and his hard drive, which, again, I think he
21 just got his computer log on.
22 Q What about the interns?
120
1 A The only thing I had an intern do
2 was to copy the two calendars that you
3 received.
4 Q Now, I take it that the instruction
5 that you gave was to look for any documents
6 that had any reference to the Filegate
7 scandal, correct? That was the instruction
8 you gave?
9 A No, sir, as I --
10 Q What was the breadth of the
11 instruction you gave in terms of looking for
12 documents and things? What did you tell them
13 to look for?
14 A Anything that had to do with FBI,
15 fBI background -- no, what was -- whatever
16 the language is. FBI Filegate, FBI
17 background reports, FBI summary reports,
18 whatever the language is that's in 25 or 40
19 of these specific requests.
20 Q And that was the limitation? You
21 limited the search to that, what you just
22 described?
121
1 A To those individuals, to the people
2 who were not -- had not been noticed in any
3 way or whatever, yes. Myself I did a -- I
4 did a more broad search and I don't know what
5 else Glen did because I didn't discuss with
6 him how he was going to go through his own
7 personal files.
8 Q How do you know that the files he
9 has in the cabinets in his office are
10 personal?
11 A They're not common. They're not --
12 they're not common files. They're files that
13 he uses.
14 Q The bottom line is you don't know
15 what he's got in his file cabinet, correct?
16 A That's true.
17 Q You don't know whether it's White
18 House documentation or personal?
19 A Yeah, I did not go through his file
20 cabinet, no.
21 Q And you don't know whether the
22 documents that he has in his file cabinets
122
1 relate to the work that he's assigned to do
2 in your office?
3 A No, I -- as I said, I did not go
4 through his file cabinets, so I can't speak
5 to what he has. I have no reason to believe
6 he would have anything other than, you know
7 --
8 Q But you don't know that?
9 A No.
10 Q You don't want to speculate, do
11 you?
12 A No, I wouldn't -- I wouldn't -- I
13 don't need to.
14 Q Now, Robin, is that your same
15 understanding, you don't know what she has in
16 the file cabinets in her office, the same as
17 Glen?
18 A To the extent that I did not
19 personally go through her personal file
20 drawer of her desk, no, I cannot answer to
21 its contents.
22 Q And you didn't ask either of them
123
1 to go through their personal file drawers,
2 did you, either Robin or Glen?
3 A No, I didn't, as I described it to
4 you.
5 Q With the limitation that you
6 provided?
7 A Yeah.
8 Q Now --
9 A Well --
10 Q You've described the basis of what
11 you told Robin and Glen to search for. Did
12 you search for matters above and beyond that
13 which would relate to FBI files or reports
14 when you did your search?
15 A Yes, sir.
16 Q What was the parameters of your
17 search?
18 A Well, as I -- as I said --
19 Q Let me make it clear. On what
20 basis did you search for documents? What was
21 your definition of what you had to produce in
22 your own mind?
124
1 A Well, in terms of any hard file, as
2 I described it, paper or in file cabinets,
3 any of the common file cabinets, you know, I
4 looked for anything that would, having read
5 this, anything that was responsive. In terms
6 of -- so I guess that's my answer.
7 Q What I want to know is what's your
8 understanding when you went through those
9 file cabinets of what was responsive. What
10 did you think was the scope of what you were
11 looking for subject matter wise?
12 A Pretty much everything that you
13 listed out in your notice to me.
14 Q Can you remember now?
15 A Sure. Anything to do with -- we're
16 talking about what I did looking through the
17 hard files, correct?
18 Q Any files.
19 A Well, through the hard files I
20 looked for anything to do with FBI, FBI --
21 FBI, you know, summary reports, FBI Filegate
22 and also a couple of additional -- I think I
125
1 looked for anything to do with the
2 Stephanopoulos column and the Dick Morris
3 article. That's -- without further -- I mean
4 that's what I recall doing.
5 Q Did you look for anything related
6 to Murray Waas?
7 A No, sir.
8 MS. GILES: I would note we've made
9 objections to a number of your requests.
10 MR. KLAYMAN: I don't really want
11 any testimony here, please. Please.
12 MS. GILES: This is a --
13 MR. KLAYMAN: This is
14 objectionable, this is sanctionable. I've
15 asked you not to do it.
16 MS. GILES: The lawyers are
17 responsible for the objections in the
18 document you're looking at. I just want to
19 know for the record we've made objections to
20 a number of your requests.
21 BY MR. KLAYMAN:
22 Q Did you look for anything related
126
1 to Salon Magazine?
2 A No, sir.
3 Q Judicial Watch?
4 A I certainly, given the, you know,
5 the notice that I received, I would have in
6 my hard files I was -- if I had a file, I
7 would have produced it, or anything --
8 Q I asked if you looked for anything
9 with regard to Judicial Watch.
10 A Yes, I did.
11 Q Did the others that you've
12 instructed to do searches, did they look for
13 Judicial Watch?
14 A I didn't specifically ask them
15 that, no.
16 Q Did you look for anything with
17 regard to Larry Klayman?
18 A I did in my viewing of my hard
19 files. I did not instruct --
20 Q Why did you look for matters
21 concerning Judicial Watch and Larry Klayman,
22 but not instruct the others to look for
127
1 documents concerning --
2 A Because my -- my best recollection
3 or my best attempt to treat this the way that
4 I thought it was to meant to be treated was
5 not to get into in-depth discussions of my
6 deposition with people on my staff, put to
7 attempt to have them do as thorough search as
8 possible, and I thought that was the proper
9 way to do that.
10 Q Well, that's not what I asked you.
11 I asked you if you, yourself, were looking
12 for documents, which were responsive,
13 concerning Judicial Watch and Larry Klayman,
14 then why is it that you didn't instruct the
15 others to look for those documents as well?
16 A Because I personally, as I've
17 already described to you, spent 10 hours or
18 more going through all of the common files in
19 the office and I looked more broadly. I did
20 not want to get into discussing the details
21 of why I was coming here or what I was --
22 what the matter regarded, so I did not give
128
1 extensive instructions.
2 Q Did someone tell you not to give
3 extensive instructions, as you called them?
4 MS. GILES: I instruct you not to
5 answer to the extent your answer would
6 reflect conversations with counsel. If it's
7 other than counsel, you may answer.
8 THE WITNESS: No, I just -- I think
9 I generally don't discuss --
10 BY MR. KLAYMAN:
11 Q Did you look for documents
12 concerning representative Bob Barr?
13 A Same answer.
14 Q What is that?
15 A I personally looked for anything --
16 any files or any paper that would have had,
17 in my hard files, Bob Barr and found
18 absolutely nothing in any of our common, you
19 know, areas that was identified as such.
20 Q But you didn't instruct the others
21 to look for documents concerning Bob Barr?
22 A In their own personal desk file
129
1 drawer I did not, no, I did not.
2 Q The testimony is clear that you
3 don't know whether what they've got in their
4 office is personal, so I'm asking you just
5 generally whether you asked any of your
6 colleagues to look for matters concerning Bob
7 Barr, materials concerning Bob Barr?
8 A No, sir.
9 MS. GILES: And I note again we've
10 objected to number 48 as being over broad
11 among other problems with it.
12 BY MR. KLAYMAN:
13 Q I'm going to go down this list.
14 A However, if I might -- can clarify
15 a little bit?
16 Q She has an opportunity to
17 cross-examination. I want to be --
18 A So you don't want -- you don't want
19 my full answer to the question?
20 Q Now that your counsel has
21 interjected with a response, no, I really
22 don't.
130
1 A It has nothing --
2 Q Senator Fred Thompson, did you look
3 for materials concerning Fred Thompson?
4 A In my hard files absolutely. I
5 looked for any -- anything that would have
6 been marked as such and I didn't find
7 anything.
8 Now, I'm not saying on -- on any of
9 these people that there's not a press article
10 or something that's somewhere in the office.
11 I'm just saying there's no -- there are no
12 files marked, you know, Bob Barr or -- or
13 Senator Thompson, absolutely not.
14 Q Well, the request is request 48,
15 "Any and all records, correspondence, notes,
16 communications or other document which refer
17 or relate to Senator Fred Thompson." Did you
18 look for any such documents concerning Fred
19 Thompson?
20 A In my own -- yes, in my search of
21 all of the office's common files and my
22 personal files I looked for, you know, such
131
1 information. But, again, if you're talking
2 about, you know, did I sit and read every
3 news article that I have in my files -- I'm
4 just trying to be clear for the record. I'm
5 not saying that there's not an article
6 somewhere in the office that references
7 Senator Thompson as -- in his capacity as --
8 as a senator. I'm just saying that I don't
9 in my review of all that information, I
10 didn't find anything.
11 Q But you didn't ask anybody else to
12 do that?
13 A No. I've already -- I've --
14 Q Now, if you would, on Exhibit 1, if
15 you will turn to document request 48.
16 A 40?
17 Q 48, page 13.
18 A Yes, sir.
19 Q I'm going to stop with number F.
20 That's Fred Thompson. You tell me whether
21 your answer is different for any of the other
22 persons or entities listed under document
132
1 request 48.
2 MS. GILES: And, again, I note our
3 objection to number 48.
4 MR. KLAYMAN: You don't need to
5 note any objections. Your objections are on
6 the record. I'm entitled to get unfettered
7 testimony from this witness without your
8 interjection objections that can somehow can
9 influence the testimony.
10 THE WITNESS: Just repeat the
11 question. You're asking -- what are you
12 asking about?
13 BY MR. KLAYMAN:
14 Q Anything from Fred Thompson on down
15 on 48, G through XXX, is your response
16 different for any of the persons or entities
17 other than as you've just responded for
18 Senator Fred Thompson?
19 A Yes.
20 Q They are different?
21 A Yes.
22 Q Tell me where your response would
133
1 be different. Identify the person or entity
2 by the name and by the letter number of where
3 it's requested in document request 48.
4 A BB.
5 Q BB, George Stephanopoulos?
6 A Correct.
7 Q What did you do in looking for
8 records concerning George Stephanopoulos?
9 A I specifically looked for anything
10 related to the transcript that was part of my
11 notice.
12 Q Dealing with Ellen Roemech?
13 A Correct.
14 Q Did you ask others to look for
15 materials concerning Ellen Roemech?
16 A No, I did not.
17 Q Is there any other difference that
18 you would note from your testimony concerning
19 Fred Thompson?
20 A I believe I also -- yes, WW.
21 Q What did do you there?
22 A I did a --
134
1 Q That's Linda Tripp?
2 A Correct. I did an electronic
3 search of my own file directory.
4 Q Is she the only entity or person,
5 rather, that you did an electronic search for
6 in responding to document request 48?
7 A To this particular list, yes.
8 Q Why did you limit --
9 A No, I just said I also looked for
10 Stephanopoulos' -- for anything to do with --
11 Q You did an electronic search?
12 A Yes.
13 Q What is an electronic search?
14 A It's a search of -- of my own
15 E-mail directories, a word search, and a
16 search of my own hard drive, C area.
17 Q Why did you do it for
18 Stephanopoulos and Tripp but not do it for
19 the others listed in document request 48?
20 MS. GILES: Objection to the
21 extent --
22 BY MR. KLAYMAN:
135
1 Q Based on your knowledge.
2 MS. GILES: Other than any
3 conversations with counsel, you may answer.
4 THE WITNESS: That's -- I don't
5 think I -- I don't think I have anything to
6 add.
7 BY MR. KLAYMAN:
8 Q You're refusing to answer that
9 question?
10 MS. GILES: If it would reveal
11 privileged communications between him and his
12 counsel, he's instructed not to answer.
13 MR. KLAYMAN: That's a completely
14 untenable invocation of attorney/client
15 privilege. He's entitled to tell me what the
16 basis of him doing the search was or not
17 doing the search and if it was on advice of
18 counsel, I'm entitled to know that.
19 MS. GILES: I disagree. I'm
20 instructing the witness not to answer it.
21 MR. KLAYMAN: Certify it.
22 BY MR. KLAYMAN:
136
1 Q Did you search, when you did these
2 two electronic searches for Linda Tripp and
3 George Stephanopoulos, the common server that
4 you described earlier?
5 A No, I think, as I mentioned and
6 clarified earlier, I did not personally
7 search the common area. That was Glen who
8 searched the common area, all of which I
9 believe I have produced, but it's not my
10 search.
11 Q I'm talking about the common
12 computer server the one that everybody is
13 using?
14 A Correct.
15 Q Glen was in charge of that?
16 A Of that --
17 Q Glen Weiner?
18 A Yes, he was because I simply didn't
19 think I was going to be, you know --
20 Q Was he working on the same
21 limitation that you were working on, that you
22 were not to search anything other than Tripp
137
1 and Stephanopoulos?
2 A You know, I didn't have a very
3 extensive -- again, I didn't have a very
4 extensive discussion with him about -- we
5 both had to do searching and we -- we agreed
6 that he would search the common area.
7 Q So you don't know what his
8 limitations were, if any?
9 A My understanding, I thought it was
10 the -- it was the same general nature.
11 Q But what can you tell me
12 specifically about what Mr. Weiner was
13 instructed to do? You're the chief.
14 A I can't -- I told him to search the
15 common directories.
16 Q For what?
17 A For any responsive documents.
18 Q And you didn't say anything other
19 than that?
20 A I'm trying to remember. I don't
21 think I did, no, because I did not want to
22 have extensive conversations about -- about
138
1 this.
2 MR. KLAYMAN: Let's take a break
3 here.
4 VIDEO TECHNICIAN: We're going off
5 video record at 11:34 Eastern Standard Time.
6 (Recess)
7 VIDEO TECHNICIAN: We're back on
8 video record at 11:39 Eastern Standard Time.
9 BY MR. KLAYMAN:
10 Q Now, why is it, Mr. Janenda, that
11 when you gave the instruction to Mr. Glen
12 Weiner, you didn't limit it, according to
13 what you've just testified to, to just
14 Stephanopoulos and Tripp, but yet you had the
15 limitation on your own search?
16 A I'm not following the question.
17 Q What you just testified to, and
18 tell me if I'm wrong, that when you searched,
19 you looked only for documents relevant to
20 Tripp and Stephanopoulos in response to
21 document request number 48.
22 MS. GILES: Could you repeat the
139
1 question?
2 BY MR. KLAYMAN:
3 Q You tell me if I'm
4 mischaracterizing this, but didn't what you
5 testified to before we took the break that
6 other than the general response that you gave
7 through F, when I talked about Senator Fred
8 Thompson, that the only two places where your
9 search varied dealt with Linda Tripp and
10 George Stephanopoulos?
11 A I believe what I said is I had
12 looked through all of the hard files in the
13 office for everything; however, when I did
14 electronic searches, those were the only two.
15 Q Right.
16 A Personally when I did them.
17 Q But you just testified that when
18 you asked Mr. Weiner to check the general
19 server, that you didn't limit it to just
20 Tripp and Stephanopoulos.
21 A I didn't limit him at all.
22 Q Right. But why did you limit
140
1 yourself when you didn't limit him?
2 A Frankly, I didn't want to have
3 extensive conversations about it. I -- you
4 know, my general impression and part of this
5 is I'm not familiar with this whole process.
6 Okay? I was served. I'm attempting to treat
7 this with, you know seriousness that it
8 warrants. I'm trying to answer your
9 question.
10 Q Just answer my question. I don't
11 need the gratuitous statements. Just answer
12 the question.
13 MS. GILES: Let the witness finish
14 his answer.
15 THE WITNESS: I didn't want to have
16 extensive conversations with Glen about, you
17 know, what to look for or what not to look
18 for. I made -- in my -- my understanding is
19 we were both in a similar position and that
20 there was no way that we were both going to
21 be able to in responsive -- in order to be
22 responsive, get through separately every
141
1 single thing in the office. Therefore, I
2 asked him in a general sense produce anything
3 that is responsive from the E drive.
4 BY MR. KLAYMAN:
5 Q And did he produce any documents to
6 you?
7 A Yes, he did I believe.
8 Q What did he produce to you?
9 A It was transcripts. There were a
10 few transcripts.
11 Q Transcripts of what?
12 A I'm little foggy. There were --
13 there were transcripts of public, you know --
14 of like McCurry briefings or Sunday morning
15 talk shows where catch words, you know, came
16 up.
17 Q I take it you didn't produce those
18 to us today?
19 MS. GILES: The lawyers are
20 responsible for the production and we've
21 given you all the documents that we've
22 produced.
142
1 BY MR. KLAYMAN:
2 Q Did you produce them today?
3 A To be honest with you, I can't
4 remember. I don't think -- I don't believe
5 that we did, not if they were public
6 transcripts, public transcripts of briefings
7 and Sunday morning talk shows.
8 Q Did anyone sit down with you with
9 the documents that were produced today and
10 ask for your consent to produce those
11 documents?
12 MS. GILES: Objection to the extent
13 that the question calls for any substantive
14 conversation with counsel and I believe it
15 does.
16 BY MR. KLAYMAN:
17 Q You can respond.
18 MS. GILES: No, he can't respond
19 unless you had other conversation with other
20 than counsel.
21 MR. KLAYMAN: Certify it.
22 BY MR. KLAYMAN:
143
1 Q So the bottom line here is you
2 don't really know what was produced and what
3 was withheld pursuant to your deposition
4 notice?
5 A No, I certainly do. I certainly
6 do. I reviewed the response.
7 Q Tell me what was withheld, what you
8 actually got copies of from your staff but
9 has never been produced. Just identify it by
10 the author, if you remember the date, and the
11 general subject matter.
12 A I -- my best recollection is there
13 was nothing -- nothing other than
14 publicly-available information and
15 transcripts of briefings or news programs.
16 That's my best recollection. And, no, I
17 can't -- I'm sorry. I can specifically cite
18 a date or a -- or something like that.
19 Q Did you find anything with regard
20 to Linda Tripp?
21 A There were two transcripts, two
22 transcripts, both transcripts.
144
1 Q Do you have a file in your office
2 on Linda Tripp?
3 A No, sir, I do not.
4 Q Is there information kept not in
5 your office, but the suite? You understood I
6 was just referring to the suite?
7 A Why don't you rephrase the
8 question.
9 Q Is there a file in your suite of
10 offices concerning Linda Tripp?
11 A Are you referring to my offices,
12 the communications research --
13 Q Yes.
14 A -- people who work for me?
15 Q Yes, the whole suite.
16 A Well, you're -- you've got to be
17 more clear here. I described to you --
18 Q I can't be more clear than that.
19 A Yes, you can. I'm sorry. There
20 are -- there are -- I've already described to
21 you that there are other people who do not
22 work for me in the suite.
145
1 Q Excluding the two, Brenda Costello
2 and Ann Walker, is there a file on Linda
3 Tripp in your office, the general office, the
4 people who work with you?
5 A No, not to the very best of my
6 knowledge having spent seven or eight hours
7 looking through the files.
8 Q Well, you just told me that you
9 didn't look through all the files. You
10 didn't look through the files in Mr. Weiner's
11 office, did you?
12 A I did not look through Glen
13 Weiner's personal desk file drawer and I did
14 not look through Robin Bachman's personal
15 desk file.
16 Q Does Robin Bachman or Glen Weiner
17 own the desk that's in their office?
18 A No, sir.
19 Q Then how is that their personal
20 file drawer?
21 A I made -- you know, I looked
22 through everything that was common and asked
146
1 them to look as well on their own through
2 their own files. I interpreted that to be
3 personal files.
4 Q Did they ever tell you they were
5 personal files?
6 A No, sir.
7 Q So you don't know whether they
8 looked through there?
9 A Beyond the fact that they told me
10 they did, no, I didn't sit there and watch
11 them do it.
12 Q Was Ann Costello asked to look for
13 any documents responsive to this notice?
14 A I don't know who Ann Costello is.
15 Q Brenda Costello. Was she asked to
16 look for any documents responsive to your
17 deposition notice?
18 A To my deposition notice, no.
19 Q Ann Walker, same question?
20 A No.
21 Q Were you provided any written
22 instructions on how to look for documents?
147
1 A No.
2 Q Now, let's go back to when you
3 worked --
4 A Other than those that you provided
5 to me. I'm sorry.
6 Q Let's go back to when you worked on
7 the primary campaign in 1992. I take it you
8 got to know George Stephanopoulos, Paul
9 Begala and James Carville a little better
10 then?
11 A I hadn't known George up until that
12 time. I'm sure I spoke -- I'm sure I
13 spoke -- yes.
14 Q What was the nature of your
15 interaction with those three individuals?
16 A Maybe we could break them out a
17 little bit.
18 Q George Stephanopoulos.
19 A Very, very limited. In fact,
20 sitting here, I couldn't tell you that I ever
21 spoke with him during the primaries, although
22 it's possible. I wouldn't rule it out.
148
1 Q Carville?
2 A Probably about the same, but with,
3 you know, more of a chance that I might have
4 spoken to him a couple of times.
5 Q You were working with him in
6 opposition research?
7 A I'm sorry?
8 Q You had contact with him about
9 opposition research?
10 A Correct. We were working in the
11 research -- campaign research office. That
12 would have the reason that they would have
13 called our office.
14 Q Same response with regard to
15 Begala?
16 A Basically, same answer, that I'm
17 sure that on occasion I spoke with him.
18 Q Now, during that time frame you are
19 aware that the campaign had contact with
20 Betsy Wright?
21 A I'm actually not. I couldn't say
22 that, no.
149
1 Q You are aware that the campaign had
2 hired Jack Palladino, a private detective?
3 A I'm not -- I have read his name
4 over the years, but I -- if you're asking me
5 did I know that at the time I was working
6 there or do I know it for sure sitting here,
7 no, I didn't know that.
8 Q Well, did you have any inkling that
9 there were private detectives working for the
10 campaign in 1992?
11 A Absolutely not, no, sir. And I
12 don't know that that is a fact. I'm just
13 saying I would have -- I had no knowledge of
14 that and don't know whether it's actually
15 true.
16 Q Now, after the primary campaign
17 what job, if any, did you get with the
18 general campaign of the presidency?
19 A I -- actually I believe I moved to
20 the Democratic National Committee for the
21 latter part of the campaign, so --
22 Q What was your -- I'm sorry.
150
1 A Still doing research.
2 Q Who did you work for?
3 A The research director there was Dan
4 Carol.
5 Q How is that spelled?
6 A C-A-R-O-L as far as I know.
7 Q And how did you get your job there?
8 A It was a matter of once the -- once
9 Governor Clinton won the nomination, there
10 was a bunch of reorganization, which I
11 couldn't explain, but there were -- the DNC
12 took on more of a role as an advocate and
13 there were a number of people who moved from
14 the campaign.
15 Q But did someone recommend you?
16 Were you called and asked to join the DNC?
17 A I don't have a specific
18 recollection.
19 Q Mechanically, how did that work?
20 You don't fined your way over from one place
21 to the next in a political campaign, based on
22 your experience, unless you know somebody,