IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA



_____________________________________

CARA LESLIE ALEXANDER, et al.,

   Plaintiffs,

   vs.

FEDERAL BUREAU
OF INVESTIGATION, et al.,

   Defendants.
_____________________________________
)
)
)
)
)
)   Civil No. 96-2123/97-1288 (RCL)
)
)
)
)
)



12 Deposition of



13 LANNY J. DAVIS



14 a witness, called for examination by counsel



15 for Plaintiffs pursuant to notice and



16 agreement of counsel, beginning at



17 approximately 10:11 a.m. at the offices of



18 Judicial Watch, 501 School Street S.W.,



19 Washington, D.C., before Michelle M. Howell,



20 notary public in and for the District of



21 Columbia, when were present on behalf of the



22 respective parties:













2

1 APPEARANCES:



2 On behalf of Plaintiffs:



3 LARRY KLAYMAN, ESQUIRE

TOM FITTON, ESQUIRE

4 Judicial Watch

501 School Street S.W., Suite 725

5 Washington, D.C. 20024

(202) 646-5172

6

On behalf of Defendants Federal Bureau of

7 Investigation and the Executive

Office of the President:

8

ELIZABETH J. SHAPIRO, ESQUIRE

9 Federal Programs Branch

Civil Division

10 United States Department of Justice

901 E Street N.W.

11 P.O. Box 883

Washington, D.C. 20044

12

On behalf of Defendant Hillary Rodham Clinton:

13

PAUL B. GAFFNEY, ESQUIRE

14 Williams & Connolly

725 12th Street N.W.

15 Washington, D.C. 20005

(202) 434-5083

16

On behalf of Executive Office of the President:

17

SALLY PAXTON, ESQUIRE

18 Special Associate Counsel to the President

The White House

19 Washington, D.C. 20500

(202) 456-5079

20



21



22













3

1 APPEARANCES (CONT'D.):



2 On behalf of the witness:



3 TIMOTHY MILLS, ESQUIRE

Patton Boggs, LLP

4 2550 M Street, N.W.

Washington, D.C. 20037

5 (202) 457-6000



6 ALSO PRESENT:



7 Sylvanus Holley, Video Technician



8 C O N T E N T S



9 EXAMINATION BY: PAGE



10 Counsel for Plaintiffs 5



11 DAVIS DEPOSITION EXHIBITS:



12 No. 1 - November 21, 1996 Press 67

Secretary Statement

13

No. 2 - Davis Subpoena 82

14

No. 3 - Notice of Deposition Duces Tecum 83

15

No. 4 - February 8, 1998 Transcript, 303

16 "Weekly Roundtable"



17 No. 5 - January 24, 1996 Fax, 328

Caputo to Carville

18

No. 6 - National Review Article, 423

19 "Obstruct Art"



20 No. 7 - September 6, 1996 Sherburne Memo 439



21



22 * * * * *













4

1 P R O C E E D I N G S



2 VIDEOGRAPHER: Good morning. This



3 is the video deposition of Lanny J. Davis,



4 taken by the counsel for the plaintiff in the



5 matter of Cara Leslie Alexander et al. v.



6 Federal Bureau of Investigation et al., case



7 number 96-2123, held in the office of



8 Judicial Watch, 501 School Street, S.W.,



9 Washington, D.C., on this date,



10 July 30, 1998, and at the time indicated on



11 the video screen, which is 10:11 a.m.



12 My name is Sylvanus Holley. I am



13 the videographer. The court reporter today



14 is Michele Howell from the firm of Beta



15 Reporting.



16 Will counsel now introduce



17 themselves?



18 MR. KLAYMAN: My name is Larry



19 Klayman. I'm chairman general counsel of



20 Judicial Watch.



21 MR. FITTON: Tom Fitton, president,



22 Judicial Watch.













5

1 MR. MILLS: Timothy Mills, Patton



2 Boggs, LLP, representing Lanny J. Davis.



3 MS. SHAPIRO: Elizabeth Shapiro on



4 behalf of EOP.



5 MS. PAXTON: Sally Paxton with the



6 White House.



7 MR. GAFFNEY: Paul Gaffney,



8 Williams & Connolly, on behalf of the First



9 Lady.



10 Whereupon,



11 LANNY J. DAVIS



12 was called as a witness and, having been



13 first duly sworn, was examined and testified



14 as follows:



15 EXAMINATION BY COUNSEL FOR PLAINTIFFS



16 BY MR. KLAYMAN:



17 Q Please state your name.



18 A Lanny, J. Davis.



19 Q When were you born, Mr. Davis?



20 A December 12, 1945.



21 Q Where were you born?



22 A Jersey City, New Jersey.













6

1 Q Run me through briefly your



2 educational background from high school to



3 postgraduate studies.



4 A High school, Newark Academy;



5 college, Yale; law school, Yale, LL.B.



6 Q What did you do, if anything, upon



7 graduating from Yale Law School,



8 professionally speaking?



9 A Do you want every job since law



10 school?



11 Q Yes.



12 A I worked for as a speechwriter for



13 then-Congressman Daddario (phonetic) of



14 Connecticut, of Hartford, Connecticut, who



15 was a candidate for Governor between June and



16 December of 1970. Then I worked for Senator



17 Edmund S. Muskie in his presidential campaign



18 here in Washington 1970-'72.



19 I was an associate attorney at the



20 law firm of Arnold & Porter between 1972



21 and '75. I have been at the firm of Patton



22 Boggs in Washington, D.C. since 1975.













7

1 Q Are you a partner at Patton and



2 Boggs?



3 A I am.



4 Q Did there come a point in time when



5 you ever run for political office or



6 considered running for political office?



7 A Yes.



8 Q When was that?



9 A In 1974 and then 1976.



10 Q Where had you decided to run for



11 political office?



12 A In the Eighth Congressional



13 District of Maryland.



14 Q Did you ultimately run?



15 A Yes, I did.



16 Q As a Congressman?



17 A I ran for Congressman.



18 Q You were not successful?



19 A Not successful.



20 Q You ran as a Democratic candidate?



21 A As a Democratic candidate.



22 Q During the course of your practice













8

1 at Patton Boggs, what is your specialty, if



2 any?



3 A Litigation.



4 Q Is there a type of litigations that



5 you specialize in more than others?



6 A No, not really.



7 Q Have you been in the litigation



8 department of Patton Boggs?



9 MR. MILLS: Objection. Assumes



10 facts not in evidence. No foundation.



11 THE WITNESS: We do not --



12 BY MR. KLAYMAN:



13 Q Is there a litigation department at



14 Patton Boggs?



15 A Not formally. There is an informal



16 litigation group, and I am a member of that.



17 Q Who else is a member of that



18 litigation group, currently?



19 A It is not clear who are members.



20 People come in and come out. But I would say



21 approximately 20 or 30 of the partners



22 informally participate in the litigation













9

1 group.



2 Q Is your expertise district court



3 litigation?



4 A What do you mean by district court?



5 Federal district court?



6 Q Federal district court.



7 MR. MILLS: Objection. Ambiguous



8 with respect to the term expertise.



9 THE WITNESS: My activity has been



10 primarily in the federal courts, but not



11 necessarily the district court level.



12 BY MR. KLAYMAN:



13 Q Is your expertise more in civil



14 than criminal?



15 MR. MILLS: Same objection.



16 THE WITNESS: Mostly civil.



17 BY MR. KLAYMAN:



18 Q Or vice versa or the same?



19 A Mostly civil.



20 Q Did there come a point in time when



21 you took a leave of absence from Patton,



22 Boggs and Blow to become a member of the













10

1 White House staff?



2 MR. MILLS: Objection. Assumes



3 facts not in evidence, leave of absence.



4 THE WITNESS: No, that is not



5 correct.



6 BY MR. KLAYMAN:



7 Q Did you leave Patton Boggs to take



8 a job at the White House at some point?



9 A Yes.



10 Q When was that?



11 A In December of 1996.



12 Q You said you didn't take a leave of



13 absence. What, just generally speaking, were



14 the terms of your leaving Patton Boggs to



15 join the White House?



16 A I withdrew completely from the



17 partnership.



18 Q I don't mean to repeat things.



19 Just for purposes of clarity, it was December



20 of 1996?



21 A Exactly. It was December 9, 1996.



22 Q How is it that you came to leave













11

1 Patton Boggs and take a job at the White



2 House? What was the reason for doing that?



3 A I was given an offer by Mr. Quinn,



4 the then-White House counsel, and I accepted



5 the offer.



6 Q Up to December 9, 1996, had you



7 ever met President Bill Clinton?



8 A Yes.



9 Q When was the first time that you



10 met him?



11 A I can't recall specifically.



12 Q Just generally?



13 A It was probably in the fall



14 of 1970.



15 Q Under what circumstances did you



16 meet him?



17 A I believe it was in the context of



18 a political campaign then going on in



19 Connecticut, where I was living.



20 Q Which political campaign was that?



21 A I believe it was the Joe Duffy for



22 Senate campaign.













12

1 Q How was President Bill Clinton



2 involved in that campaign, if at all?



3 A I believe he was a volunteer in



4 that campaign.



5 Q You got to know him quite well?



6 A No, not quite well at all. Very --



7 Q How did get to know him?



8 A I think I was introduced to him



9 once or twice.



10 Q Did you have occasion to work with



11 him on that campaign?



12 A No, I did not.



13 Q Other than that campaign, did you



14 have contact with him in later years, up to



15 the point of your taking the job in the White



16 House on December 9, 1996?



17 A Very infrequently.



18 Q Can you describe that generally for



19 us?



20 A I was a member of the Democratic



21 National Committee beginning in 1978. I



22 remember meeting him when he was Governor at













13

1 several Democratic National Committee



2 meetings.



3 Q What did you do for the DNC, as a



4 member, at that time?



5 A I don't know what you mean by what



6 did I do?



7 MR. MILLS: Objection, ambiguous.



8 BY MR. KLAYMAN:



9 Q What was your role?



10 A My role? I was a member of the



11 full committee. I was a member at one point



12 of the executive committee. I was the



13 chairman of -- and an officer of the eastern



14 region caucus of the candidacy.



15 Q In all of those capacities, what



16 were your duties and responsibilities,



17 generally speaking?



18 A I didn't have really duties and



19 responsibilities. People who are on the DNC



20 are members who attend meetings.



21 I also served on the rules



22 committee, so I suppose I had a













14

1 responsibility to attend meetings and vote on



2 various rules pertaining to the 1988



3 convention.



4 But as a member, I was just a



5 participant. No real duties and



6 responsibilities.



7 Q How is it you that you came to



8 obtain those positions at the DNC?



9 A I was elected to serve as chairman



10 of the eastern region caucus and, therefore,



11 automatically a member of the executive



12 committee. I was appointed to be on the



13 rules committee by the then chairman.



14 Q When you say eastern district, you



15 mean eastern district of Maryland?



16 A If I said district I misspoke. The



17 eastern region caucus of the DNC encompasses



18 all of the states from Maine to, I think,



19 about Virginia.



20 Q Did you have to run to get elected



21 to that position?



22 A Yes.













15

1 Q So during your time at the DNC,



2 this began in 1978, what did it go up to in



3 terms of your duration of service?



4 A To 1992. Excuse me, 19 -- may I



5 correct the record? I was first elected to



6 the DNC in 1980. My last term ended in 1992.



7 So it was 1980 to 1992, not 1978.



8 Q During that period, were there any



9 other positions that you held for the DNC



10 that you haven't mentioned?



11 A To the best of my recollection, no.



12 Q It was during that period that you



13 got to work with Bill Clinton?



14 MR. MILLS: Objection. Assumes



15 facts not in evidence.



16 BY MR. KLAYMAN:



17 Q I believe he just testified to it.



18 A I did not get to work with Bill



19 Clinton.



20 Q In what capacity did you come into



21 contact with him at the DNC?



22 A I believe attending a couple of













16

1 meetings. I shook his hand and said hello to



2 him, and that was it. I think I spoke to him



3 once or twice on social occasions,



4 receptions, that sort of thing.



5 Q Up to the present, were there other



6 occasions where you had contact with Bill



7 Clinton, up to the point of your White House



8 position?



9 A Up to the point of my White House



10 position, yes.



11 Q When was that?



12 A At various times during the



13 campaign of 1992, during 1991 and, in



14 particular, I had occasion to see him, talk



15 to him, shake his hand, speak to him on the



16 telephone.



17 Q Did you work with him or any of his



18 staff on any matters involving his election



19 campaign?



20 A Yes.



21 Q What were your duties and



22 responsibilities?













17

1 A I was a volunteer working on the



2 super delegates, of which I was one, as a



3 member of the DNC, meaning automatically



4 entitled to vote as a party or elected



5 official.



6 So I was a volunteer trying to



7 secure the support of other super delegates



8 at the '92 Democratic national convention.



9 Q During this time period leading up



10 to 1992, have you ever had occasion to meet



11 with Mrs. Hillary Clinton?



12 A During what time period?



13 Q The period leading up to 1992, when



14 you became a volunteer on behalf of the



15 Clinton campaign?



16 A Prior to '92?



17 Q Yes.



18 A Yes.



19 Q When did you first meet



20 Mrs. Clinton?



21 A What year?



22 Q Yes.













18

1 A I believe it would have been in the



2 fall of 1969.



3 Q How did you come to meet her?



4 A At law school.



5 Q Was she in law school at that time



6 along with you?



7 A Yes.



8 Q Did you meet Bill Clinton in law



9 school as well?



10 A No, I did not.



11 Q Did you get to know Mrs. Clinton in



12 law school?



13 A Yes.



14 Q Did you become a friend?



15 A I believed we were friends, yes.



16 Q Other than law school, have you had



17 contact with her since that time, up to 1992?



18 A Again, very infrequently. Same



19 answer as with then-Governor Clinton, I



20 believe. There were social occasions through



21 the Democratic National Committee where I had



22 occasion to say hello to her and shake her













19

1 hand.



2 Q During the time that you were in



3 law school at Yale, did you ever meet a



4 Steven Cohen?



5 A I believe the answer to that is



6 yes, but I am not sure, because there are



7 several Steven Cohens who seem to confuse me



8 as to if it was the same Steven Cohen that I



9 knew back then.



10 Q I am talking about the Steven Cohen



11 who is now professor at Georgetown?



12 A I am not sure if that is the same



13 Steven Cohen.



14 Q In the last six years, have you had



15 contact with a Steven Cohen?



16 A No.



17 Q Professor at Georgetown?



18 A No.



19 Q Are you aware of Steven Cohen,



20 professor at Georgetown, having contact with



21 others in the administration, the Clinton



22 administration?













20

1 A No, I am not.



2 Q Are you aware that Harold Ickes has



3 testified in this case that he had dinner



4 with Steven Cohen and discussed Linda Tripp?



5 A No.



6 Q But you do remember Steven Cohen at



7 Yale?



8 A I remember the name Steven Cohen,



9 quite frankly, but I am not sure it is



10 through the Yale connection. But I do



11 remember Steven Cohen while I was at Yale Law



12 School. But I don't think it was through



13 Yale Law School; it was through a political



14 campaign.



15 Q During the time you were at Yale,



16 did you participate in any political



17 activities with Hillary Clinton, any clubs



18 with her or anything like that?



19 A What is your question, "clubs"?



20 Q Anything. I am just trying to give



21 you a foundation to give me the background



22 information.













21

1 A I don't know what you mean by



2 "political activities." I believe she was



3 active in the Joe Duffy campaign during that



4 time period.



5 Q You were as well?



6 A I was active in the Joe Duffy



7 campaign, yes. But that was not my paid job.



8 I was a speechwriter for a gubernatorial



9 candidate, but I was working also for the Joe



10 Duffy campaign.



11 Q What contact, if any, did you have



12 with Mrs. Clinton after you graduated from



13 law school after 1992?



14 A The same answer that -- the same



15 question that you asked that had the same



16 answer.



17 Q Did you have any contact with her



18 in terms of attending parties where she was



19 present, or did you have contact in working



20 on political campaigns? That is what I am



21 looking for.



22 A I am happy to repeat what I













22

1 previously answered one more time.



2 I had infrequent contact. I can't



3 remember specifically, but as with



4 then-Governor Clinton, I believe it was as a



5 member of the DNC, at social functions or



6 meetings. Infrequently, I remember seeing



7 her and the Governor and saying hello to both



8 of them.



9 Q Did you work with her on any



10 matters, political or otherwise?



11 A When?



12 Q Up to 1992.



13 A No.



14 Q In 1992, when you were a volunteer,



15 did you work with the President or First Lady



16 up to the point of their election in November



17 of that year?



18 A I worked for the President as a



19 volunteer. I wouldn't say I worked with him,



20 then-Governor.



21 Q Who was it that you worked most



22 with during the 1992 campaigns?













23

1 A Her name is Nancy McFadden. She



2 was a paid employee in the Washington



3 campaign headquarters, and I was assigned to



4 work with her on the super delegate efforts.



5 Q Where is she located today?



6 A I think she is at the Department of



7 Transportation.



8 Q During the 1992 campaign, or



9 before, did you ever come to know James



10 Carville?



11 A No.



12 Q You didn't get to know him even



13 during 1992?



14 A No.



15 Q Did there come a later point in



16 time when you became acquainted with James



17 Carville?



18 A I think I have shaken his hand



19 maybe two or three times and said hello and



20 exchanged a couple of sentences with him two



21 or three times. I think I spoke to him once



22 or twice while I was at the White House, and













24

1 that is it.



2 Q While you were at the White House,



3 under what circumstances did you speak with



4 him once or twice?



5 A I think he called me to ask me a



6 couple of questions and I gave him --



7 regarding some press reports, and I gave him



8 some answers.



9 Q What was the subject matter of



10 those press reports?



11 A I can't remember. Something to do



12 with campaign finance.



13 Q Did it have anything to do with



14 Filegate or government files?



15 A No.



16 MR. MILLS: Objection. Ambiguous,



17 the term Filegate.



18 BY MR. KLAYMAN:



19 Q Do you know what I mean by



20 Filegate, Mr. Davis?



21 A I am not sure, tell me what you



22 mean.













25

1 Q What do you understand Filegate to



2 mean? You define it.



3 A I think it has been used to



4 reference the obtaining of FBI files by the



5 White House at some point in 1996. Is that



6 what you mean by it?



7 Q Well, let's take for purposes of



8 this deposition that when I talk about



9 Filegate, it would be either the obtaining of



10 FBI files by the White House between 1993



11 and 1996, or the use of government files



12 generally with regard to gathering



13 information on individuals?



14 A All right.



15 MR. MILLS: I am going to object to



16 that as ambiguous. If you have questions,



17 specific questions that you wanted to ask



18 about the subject matter of obtaining or



19 using government files, please ask those



20 questions specifically so that the witness



21 will understand them.



22 MR. KLAYMAN: Well, we will try to













26

1 be as specific as possible, Mr. Mills, if you



2 would like to do any cross-examine at the end



3 of my direct.



4 MR. MILLS: I assert my right to



5 object on each question.



6 MR. KLAYMAN: Sure. That is fine.



7 BY MR. KLAYMAN:



8 Q In 1992, when you worked on the



9 campaign, did you have any expectation of



10 being rewarded in any way?



11 A No.



12 Q Were you rewarded in any way after



13 that?



14 A Yes.



15 Q How was that?



16 A He was elected.



17 Q That was just a psychological



18 reward.



19 A It was a very strong personal



20 reward. I was happy that he was elected.



21 Q Did the fact that you worked on



22 the 1992 campaign, in your opinion,













27

1 contribute to your ability to get a job at



2 the White House?



3 MR. MILLS: Objection. Requesting



4 opinion evidence. This is a fact witness.



5 His opinions are irrelevant to the subject of



6 your inquiry.



7 MR. KLAYMAN: Mr. Mills, I have no



8 objection to legitimate objection. I don't



9 think this is a trick question. We would



10 like to move it along with Mr. Davis. We are



11 not here in any way to make anything



12 difficult. We just want to get the



13 information.



14 MR. MILLS: That is fine. You can



15 ask questions allowed by the rules and by the



16 court's order, and I will put my



17 objections --



18 MR. KLAYMAN: The fact is,



19 witnesses are allowed to give opinions under



20 the rules of evidence.



21 MR. MILLS: This is not an expert



22 witness, this is a fact witness. If you want













28

1 to ask him about facts, ask him about facts.



2 MR. KLAYMAN: Federal rules provide



3 it even with fact witnesses.



4 MR. MILLS: There will be



5 objections made as to any requests for



6 opinions.



7 THE WITNESS: What is the question?



8 Would you repeat the question? I forgot.



9 BY MR. KLAYMAN:



10 Q Did your having worked on the 1992



11 campaign help you get a job at the White



12 House when you left Patton Boggs?



13 A I have no idea if that was part of



14 the motivation.



15 Q How did you get that job?



16 A Circumstances.



17 Q Were you recommended for it?



18 A I don't know whether I was



19 recommended for it.



20 Q What was the job that you took at



21 the White House?



22 A Special counsel to the President.













29

1 Q Did there come a point in time when



2 someone explained to you what the duties and



3 responsibilities of special counsel to the



4 President would be?



5 A Yes.



6 Q When was that?



7 A Excuse me. It would be late



8 November 1996, mid- to late November 1996.



9 Q How is it that you learned that



10 that job was open?



11 A I didn't learn it was open



12 specifically.



13 Q Did someone contact you?



14 A Yes.



15 Q Who?



16 A Mr. Quinn.



17 Q What did he say to you at the time?



18 MS. SHAPIRO: Objection. He is not



19 going to testify as to his conversation with



20 Mr. Quinn, except if he wants to testify as



21 to whether it was about the obtaining or



22 misuse of government files.













30

1 MR. KLAYMAN: To discuss what his



2 duties and responsibilities were?



3 MS. SHAPIRO: That's right. The



4 Court has already ruled on that question that



5 it wasn't relevant. You asked the same



6 question with respect to Mr. Begala and how



7 he obtained his job.



8 MR. KLAYMAN: It is a different



9 circumstance. He wasn't with the government



10 at the time. That was with regard to



11 presidential communication.



12 MS. SHAPIRO: It is also a



13 presidential communication.



14 MR. KLAYMAN: You claimed executive



15 privilege on -- not that it was sustained --



16 it was another basis that the Court made its



17 ruling.



18 I am just trying to get background



19 information. That is a bizarre objection.



20 MS. SHAPIRO: I don't think it is a



21 bizarre objection.



22 MR. KLAYMAN: I am not allowed to













31

1 find out what you have been told as to what



2 this witness's duties and responsibilities



3 are?



4 MS. SHAPIRO: He can described what



5 his duties and responsibilities were, but he



6 is not going to tell you specifically his



7 conversation with Jack Quinn.



8 MR. KLAYMAN: I asked a specific



9 question about duties and responsibility.



10 MS. SHAPIRO: My recollection of



11 the question was what the discussion was.



12 BY MR. KLAYMAN:



13 Q What were you told by Jack Quinn in



14 terms of what your duties and



15 responsibilities would be?



16 MR. MILLS: There is an outstanding



17 objection on the table, and I believe there



18 is an instruction to the witness not to



19 answer with respect to privilege. That was



20 precisely to the question that you just



21 asked, Mr. Klayman. You have asked that



22 question twice now. It has been objected to













32

1 twice now.



2 MS. SHAPIRO: He can answer the



3 question with respect to duties and



4 responsibilities.



5 MR. KLAYMAN: I will ask that this



6 be certified. We will undoubtedly going to



7 have to go down to the Court at some point



8 today. We will make a list of these various



9 questions, so I don't have to bother the



10 judge over and over again.



11 THE WITNESS: What is the question?



12 BY MR. KLAYMAN:



13 Q What were your duties and



14 responsibilities?



15 A As special counsel to the



16 President?



17 Q Yes.



18 A I was primarily responsible to deal



19 with the White House press corps on certain



20 issues. And by dealing with the press corps,



21 that meant answering their inquiries,



22 providing them factual information to the













33

1 best extent that I could, and to assist them



2 in doing their jobs.



3 Q Had you had any prior experience in



4 dealing with the press before you were



5 offered this position at the White House?



6 A Not as an employee, and not



7 officially, no.



8 Q But how about unofficially?



9 A Yes.



10 Q What experience had you had?



11 A In long years in politics, I had



12 come to know and understand and work with



13 members of the press corps who covered



14 national politics and local Maryland



15 politics.



16 Q Were you recommended for this



17 position at the White House by anyone?



18 A I don't know.



19 Q Did you fill out a formal



20 application?



21 A No, I did not.



22 Q Did you submit any letters with













34

1 regard to your application, oral application?



2 A No, not with respect to an



3 application.



4 Q Was there any correspondence



5 exchanged between you and the White House



6 with regard to this position?



7 A I don't believe so.



8 Q Do you have a file that you kept in



9 terms of your trying to obtain, and



10 ultimately obtaining, this position in the



11 White House counsel's office?



12 A No.



13 Q Did you go through any kind of



14 interview process for this job?



15 A I don't know what you mean by



16 "interview."



17 Q Did you actually go over to the



18 White House and interview with Mr. Quinn?



19 A I had a meeting with and discussion



20 with Mr. Quinn before I accepted the job,



21 yes.



22 Q Was anyone else present at that













35

1 meeting?



2 A Yes.



3 Q Who was present?



4 A Bruce Lindsey, Cheryl Mills.



5 Q Anyone else?



6 A Excuse me, not Cheryl Mills. What



7 is her name? Kathy Wallman.



8 Q Who is Kathy Wallman?



9 A I believe then she was deputy White



10 House counsel.



11 Q Anyone else present?



12 A I don't believe so.



13 Q Was there more than one meeting?



14 A Yes.



15 Q Where did the other meetings taking



16 place?



17 A Mr. Quinn's office and



18 Ms. Wallman's office.



19 Q Did the individuals present, did



20 they vary in any way from one meeting to the



21 next?



22 A Yes. The only meeting that













36

1 Mr. Lindsey was at was the first meeting.



2 Q The others were present at the



3 subsequent meetings?



4 A I met alone with Mr. Quinn and



5 alone with Miss Wallman on a subsequent



6 occasion several days later.



7 Q During any of those meetings, was



8 Filegate discussed?



9 A As you previously defined it?



10 Q Yes.



11 A No.



12 Q During any of those meetings, were



13 the so-called Clinton scandals discussed by



14 subject matter?



15 MR. MILLS: Objection.



16 MS. SHAPIRO: Objection.



17 Relevancy.



18 MR. MILLS: Relevancy and



19 ambiguous.



20 MR. KLAYMAN: I will narrow it, I



21 am just trying to lay a foundation.



22 THE WITNESS: I don't know what you













37

1 mean by scandals.



2 BY MR. KLAYMAN:



3 Q Let's cite a few. Campaign finance



4 scandal?



5 MS. SHAPIRO: Objection.



6 MR. MILLS: Objection.



7 BY MR. KLAYMAN:



8 Q Do you know what I am referring to?



9 A But I don't understand the word



10 "scandal" after the words "campaign finance."



11 Q Would you rather I use the word



12 "controversy"?



13 A That's okay.



14 Q I'll use the word "controversy." I



15 think Rick Kaplan said and instructed



16 everyone to use "controversy."



17 A I wouldn't know about Mr. Kaplan's



18 direction, but "controversy" is a neutral



19 word, yeah.



20 MS. SHAPIRO: I am going to



21 instruct the witness not to disclose the



22 substance of his conversations in terms other













38

1 than what it wasn't about.



2 BY MR. KLAYMAN:



3 Q We will use the term "controversy"



4 rather than "scandal"?



5 A Your question was?



6 Q Was the campaign finance



7 controversy discussed?



8 MS. SHAPIRO: Objection. I



9 instruct the witness not to answer.



10 MR. KLAYMAN: Just subject matter.



11 I'm not asking for the actual discussions.



12 He can respond.



13 MS. SHAPIRO: He can't respond.



14 Wait a minute.



15 THE WITNESS: What is the rule if I



16 want to talk to my counsel off the record?



17 Is there a dead mike rule? How do I do this



18 if I want to consult with counsel --



19 MR. KLAYMAN: I would take a mike



20 off.



21 THE WITNESS: Just take it off?



22 MR. KLAYMAN: You do like Harold













39

1 Ickes and just throw it on the table with an



2 expletive deleted.



3 (Witness conferred with counsel)



4 MS. SHAPIRO: My instruction is the



5 following. I will allow him to testify as to



6 the subject matter, generally, of the entire



7 conversation. I am not going to allow him to



8 answer specifics with about what controversy



9 was or was not discussed, because that is



10 tantamount to revealing the substance of the



11 conversation.



12 So if you can answer the question



13 based on that instruction.



14 BY MR. KLAYMAN:



15 Q I don't understand the instruction,



16 but let's try it over again.



17 Did you discuss during any of these



18 meetings the campaign finance controversy?



19 MS. SHAPIRO: I object and instruct



20 the witness not to answer the question. As I



21 just explained, he is not to disclose the



22 specific topics of what was discussed. He













40

1 can discuss generally what the subject of the



2 meeting was.



3 THE WITNESS: The general subject



4 of the meeting was the areas that I would be



5 talking to the press corps about as part of



6 my job.



7 BY MR. KLAYMAN:



8 Q What were those areas?



9 A Without regard to what was



10 discussed, what was my areas of



11 responsibilities?



12 Q Yes.



13 MS. SHAPIRO: You can answer that



14 question.



15 THE WITNESS: Without regard to any



16 discussions, my areas of responsibilities



17 were almost exclusively to talk to the press



18 about and to assist the press in writing



19 stories concerning campaign finance



20 allegations.



21 BY MR. KLAYMAN:



22 Q Were you also assigned the same













41

1 type of duties and responsibilities with



2 regard to the controversy known as



3 Travelgate?



4 MR. MILLS: Objection. Ambiguous.



5 I don't know what Travelgate is, the use of



6 the term is.



7 BY MR. KLAYMAN:



8 Q Do you know what Travelgate is?



9 A I am afraid I have the same problem



10 with the word "gate" as I did earlier.



11 Q What do you understand Travelgate



12 to be?



13 A I remember a controversy over the



14 firing of travel office employees, and I



15 think I have seen the expression Travelgate



16 associated with that controversy.



17 Q Let's define it that way. Were



18 your duties and responsibilities related to



19 Travelgate as well in communicating with the



20 press?



21 A They were not.



22 Q Were they related in any way to FBI













42

1 files?



2 A They were not.



3 Q Were they related in any way to



4 Paula Corbin Jones and that controversy?



5 A They were not.



6 Q Were they related in any way to



7 controversy known as Whitewater?



8 A The answer is, they were not.



9 There were times when some of the issues I



10 dealt with related to Whitewater, but my



11 responsibility was primarily in the area of



12 campaign finance issues.



13 Q Were they related to any of the



14 other Clinton controversies?



15 MS. SHAPIRO: Objection. Vague.



16 THE WITNESS: You will have to be



17 more specific. Which ones?



18 BY MR. KLAYMAN:



19 Q Related in any way to the



20 activities of Commerce secretary Ron Brown?



21 A Maybe once or twice a few stories



22 relating to Mr. Brown. I had some calls













43

1 about it and I tried to assist reporters



2 about it. But that is very, very rare.



3 Q Related to any way the controversy



4 surrounding the death of Vince Foster?



5 A No.



6 Q Related in any way to the



7 controversy surrounding the White House



8 billing records?



9 A White House billing records?



10 Q You are aware that in the living



11 quarters of the White House, certain



12 documents that had been requested by the



13 independent counsel were found months after



14 they had been requested?



15 A I didn't know they were White House



16 billing records.



17 MS. SHAPIRO: Objection.



18 BY MR. KLAYMAN:



19 Q Rose law firm billing records?



20 A I had no responsibility for that.



21 Q Let's certify this whole line of



22 questioning. I take it you will instruct the













44

1 witness not to respond, Ms. Shapiro, on any



2 of the Clinton controversies, specifically in



3 terms of discussions with Jack Quinn and



4 others?



5 MS. SHAPIRO: I think you should



6 take it question by question. If there is a



7 way to work around objections, I am always



8 willing to do that.



9 MR. KLAYMAN: I that is



10 disingenuous on your part, because I am just



11 trying to speed this along for everybody's



12 benefit.



13 MS. SHAPIRO: I can't possibly



14 anticipate what --



15 MR. KLAYMAN: You are saying if I



16 ask the same question that I asked with



17 Travelgate for any of these other



18 controversies I mentioned, your answer would



19 be different?



20 MS. SHAPIRO: What question would



21 you ask?



22 BY MR. KLAYMAN:













45

1 Q Did you discuss FBI files with Jack



2 Quinn or anybody else during these



3 meetings --



4 MS. SHAPIRO: He will answer



5 questions about FBI files, and he will answer



6 the question about use or misuse of



7 government files generally.



8 BY MR. KLAYMAN:



9 Q Did you ever discuss with Jack



10 Quinn or anyone else during the meetings



11 leading up to your employment anything



12 dealing with FBI or government files?



13 A Never, not before, not during and



14 not since. With one -- let me kind of modify



15 that.



16 During the time that I was not at



17 the White House, I have had occasion to be on



18 a couple of television shows where the



19 subject of FBI files came up. On those



20 occasions, I did have some discussions on



21 those topics. But not when I went to the



22 White House.













46

1 Q When was it that you left the White



2 House to return to Patton Boggs and Blow?



3 MR. MILLS: Objection. The name of



4 the law firm is Patton Boggs.



5 MR. KLAYMAN: Sorry about that.



6 When did it change?



7 MR. MILLS: I don't recall, but it



8 was before Mr. Davis left and before



9 Mr. Davis came back.



10 THE WITNESS: I left the White



11 House --



12 MR. KLAYMAN: Is Mr. Blow still



13 there?



14 MR. MILLS: Mr. Blow is retired.



15 THE WITNESS: I left the White



16 House last January 30.



17 BY MR. KLAYMAN:



18 Q January 30 of 1998?



19 A Yes.



20 Q As part of your duties and



21 responsibilities when you became a member of



22 the White House counsel's staff, it was to go













47

1 on television shows and talk about Clinton



2 controversies, correct?



3 A Would you repeat that question?



4 MS. SHAPIRO: Objection, vague.



5 BY MR. KLAYMAN:



6 Q As part of your duties and



7 responsibilities as special counsel in the



8 White House legal office, it was to go on



9 television shows and discuss the Clinton



10 controversies that I just mentioned?



11 MR. MILLS: Objection. You



12 mentioned a lot of controversies. Misstates



13 testimony. Mr. Davis has told you that many



14 of the controversies that you mentioned were



15 not within his areas of responsibility.



16 MR. KLAYMAN: Please do not give



17 speaking objections. The Court admonished



18 that type of objection in this case.



19 MR. MILLS: I think I am entitled



20 to make my record on how you mischaracterize



21 testimony.



22 MR. KLAYMAN: If you continue to













48

1 make a record, Mr. Mills, I have no choice



2 but to move for appropriate relief.



3 MR. MILLS: I will make my record,



4 Mr. Klayman, and do whatever you feel you



5 must do.



6 MR. KLAYMAN: We will certainly do



7 that.



8 MR. MILLS: Thank you.



9 MR. KLAYMAN: I don't think that



10 should impede us from trying to work things



11 out amicably. Basically, I am advising you



12 that the Court on several occasions has asked



13 the parties not to make speaking objections.



14 MR. MILLS: I have always abided by



15 court orders, and I intend to do so here,



16 Mr. Klayman. If there is a controversy that



17 comes up here where you feel I am not, you



18 can take that to the Court, and we will



19 adjudicate it.



20 MR. KLAYMAN: I am sorry you have



21 that attitude. Certify it.



22 BY MR. KLAYMAN:













49

1 Q You can respond.



2 A You need to repeat the question.



3 Q As part of your duties and



4 responsibilities as special White House



5 counsel, were you authorized to go on



6 television shows and talk about the various



7 Clinton controversies I just mentioned?



8 MS. SHAPIRO: Same objection as



9 before.



10 BY MR. KLAYMAN:



11 Q Campaign finance, Filegate,



12 Travelgate, Whitewater?



13 MR. MILLS: Mr. Klayman, objection.



14 Compound. Why don't you ask the question one



15 at a time?



16 MR. KLAYMAN: You can respond.



17 THE WITNESS: The answer is no.



18 BY MR. KLAYMAN:



19 Q So the White House told you you



20 could not talk about any controversies other



21 than campaign finance when you went on TV?



22 A That is not correct either.













50

1 Q What was your authority?



2 A There were occasions where I was



3 permitted to -- as to one when it comes to



4 speak to the media on television, relating to



5 a particular issue, that it was judged to be



6 appropriate for me to speak about.



7 Q Your duties and responsibilities,



8 you were authorized to speak to the media



9 about various issues, correct?



10 A Correct.



11 Q The primary issue was campaign



12 finance?



13 A Correct.



14 Q But you were authorized to speak



15 about other Clinton controversies; correct?



16 A I don't believe that is correct.



17 Q So you are saying that when you



18 discussed Filegate on TV, that you didn't



19 have the authority of the White House to do



20 that?



21 MR. MILLS: Objection. Assumes



22 facts not in evidence. Foundation.













51

1 MS. SHAPIRO: Join the objection.



2 BY MR. KLAYMAN:



3 Q You can respond.



4 A You are not accurately describing



5 when I spoke about the subject of the file



6 controversy and when I was at the White



7 House.



8 The file controversy comments that



9 I made on television was before I was at the



10 White House.



11 Q So you never discussed FBI or



12 government files on television during the



13 period you were at the White House?



14 A I never did.



15 Q You are absolutely certain?



16 A I am not absolutely certain of it.



17 I believe I never did.



18 Q You were in power, however, to go



19 on television as part of your duties and



20 responsibilities?



21 A That was part of my duties and



22 responsibilities, yes.













52

1 Q Each time that you appeared on



2 television while you were working at the



3 White House, did you have to get specific



4 permission to do that?



5 A I wouldn't use the word



6 "permission," no.



7 Q How did it work? How did you



8 determine that you were allowed to go on a



9 particular TV show and speak?



10 A I think there was a general



11 consensus that would develop that we needed



12 to respond to press inquiries in public



13 rather than over the telephone. And after



14 some discussions, we came to a consensus.



15 Q Who did you have the discussions



16 with?



17 MS. SHAPIRO: Objection. We are



18 going to consult with counsel for a moment.



19 Thank you.



20 MR. MILLS: Let's go off the record



21 for a minute, please.



22 VIDEOGRAPHER: We are going off













53

1 video record at 10:49.



2 (Recess)



3 VIDEOGRAPHER: We are back on video



4 record at 10:51.



5 MS. SHAPIRO: The direction I



6 asserted is the only problem that we are



7 going to have is that the witness just



8 testified that while he was at the White



9 House, he didn't speak about FBI files or



10 misuse of government files. So there is



11 nothing more that is relevant to know about



12 the workings of his office and his television



13 appearances.



14 So I think that the question that



15 you have asked is already outside of the



16 Court's order.



17 MR. KLAYMAN: First of all, you



18 don't get to determine issues of relevancy.



19 The Court has made that clear. You cannot



20 instruct a witness not to answer on the basis



21 of relevancy.



22 MS. SHAPIRO: The Court has,













54

1 itself, defined the relevancy issues, and I



2 can instruct him not to answer based on the



3 Court's ruling. That would be Rule 30 of the



4 Federal rules.



5 MR. KLAYMAN: You can't do that,



6 because as we discussed many times, we are



7 entitled to understand his authority, what



8 his position was at the White House. These



9 are issues that deal with his role at the



10 White House.



11 MS. SHAPIRO: You asked that



12 question, and he has answered it.



13 MR. KLAYMAN: That is the basis of



14 these questions. Whether or not he ever



15 discussed Filegate or not is not relevant.



16 We are entitled to get into that aspects of



17 his duties and responsibility.



18 If you instruct him not to answer,



19 you do it at very, very great risk. I am



20 asking you not to do that.



21 MS. SHAPIRO: I think we are going



22 to have a problem, then, because the Court's













55

1 order is very clear, and it has reiterated



2 its order several times now that the issues



3 on the table are the FBI files matter, or



4 generally, the misuse of government files.



5 MR. KLAYMAN: The Court also ruled



6 that we are entitled to get into background.



7 MS. SHAPIRO: I don't think there



8 has been a ruling about background. I think



9 that your obligation is to tie it into the



10 issues that are relevant.



11 MR. KLAYMAN: Can you read back the



12 question?



13 (The reporter read the record as



14 requested.)



15 MR. KLAYMAN: That establishes who



16 he was in contact with, who he works with.



17 That is relevant.



18 MS. SHAPIRO: Why don't you ask him



19 who he works with?



20 MR. KLAYMAN: I don't understand



21 the objection of finding out who he is in



22 contact with in terms of arranging for his TV













56

1 appearances. Why does there need to be a



2 fight about that?



3 MS. SHAPIRO: Because there is an



4 order defining the scope of relevant issues



5 on the table. You are not entitled to go



6 into the workings of counsel's office. That



7 is not the subject of this lawsuit.



8 MR. KLAYMAN: It is the subject of



9 this lawsuit. The White House counsel's



10 office is deeply involved in Filegate.



11 MR. MILLS: The testimony of record



12 shows that Mr. Davis, while he was at the



13 White House, had nothing to do with the FBI



14 files, the use or obtaining or illegal use of



15 obtaining FBI files. So, Mr. Klayman, I



16 would join in the objection.



17 MR. KLAYMAN: I am not going to



18 waste any time here. We will just make a



19 list and go down to Judge Lamberth's



20 (phonetic) at the appropriate time. This is



21 what you want to do; that is fine.



22 The Court has made certain rules.













57

1 The Court has issued certain sanctions. We



2 will take it up with the Court.



3 MR. MILLS: We will also take up



4 with the Court, Mr. Klayman. I will put on



5 the record that I consider this, as



6 Mr. Davis's counsel, as subject to the



7 objection we already put on the record. This



8 is outside of the scope, of the permissible



9 scope of your inquiries.



10 I will seek sanctions against you



11 as well for inquiries outside of the scope.



12 MR. KLAYMAN: We will seek



13 sanctions for your seeking sanctions.



14 MS. SHAPIRO: Let me make it



15 clear --



16 MR. KLAYMAN: Of which there is a



17 case law, as you know, as litigators.



18 MS. SHAPIRO: I want to make it



19 clear we don't object to you asking about who



20 he works with generally. What we object to



21 is you trying to narrow into specific issues



22 that are outside of the Court's order by













58

1 asking specifically who he spoke to about



2 specific issues, which is what the question



3 was.



4 MR. KLAYMAN: Unfortunately this is



5 no aspersion to Mr. Davis, but there have



6 been witnesses in this case who, when you ask



7 a question one way, you get one answer and



8 when you ask it a different way, you get a



9 different answer.



10 The best way to get an



11 understanding of what his duties and



12 responsibilities are is to see who Mr. Davis



13 works with on a routine basis.



14 MS. SHAPIRO: He can answer who he



15 works with generally. I just said I don't



16 object to that question. I object to you



17 trying to narrow in on the work product of



18 the counsel's office.



19 MR. KLAYMAN: I want to know in



20 what capacity. Let the record also reflect



21 to the extent we get in these discussions and



22 to the extent that you hold this as our use













59

1 of time, we will be asking for an extension



2 of this deposition accordingly.



3 MR. MILLS: Let the record also



4 reflect the Court already said that these



5 depositions -- this deposition and all



6 depositions in this case -- are limited to



7 six hours of testimony.



8 MR. KLAYMAN: But when get



9 objections like this which are unnecessary



10 and go round and round, in my view, it is



11 only attended to run off the clock. This



12 Justice Department does this routinely.



13 MS. SHAPIRO: We are entitled to



14 object, like every counsel.



15 MR. MILLS: That is all part of the



16 time.



17 MR. KLAYMAN: Certify it. Certify



18 it.



19 BY MR. KLAYMAN:



20 Q During the period that you were at



21 the White House, who have you worked with?



22 A I am sorry. I meant to turn this













60

1 off.



2 Q Is that the President calling?



3 A I just turned it off. I am sorry.



4 The only thing I am nervous about -- can we



5 go off the record? I have a little baby.



6 Should I turn it off?



7 Q If you want to take the call, that



8 is fine. If you want to identify who it is,



9 if you are nervous about it, I understand



10 that. Want to go off the record and call?



11 A No. How much longer before our



12 first recess?



13 MR. MILLS: Ten minutes. Okay,



14 continue. What was your question?



15 BY MR. KLAYMAN:



16 Q My question was, who did you work



17 with on a routine basis during the period you



18 were with the White House?



19 A I work with senior officials in the



20 White House counsel's office and in the west



21 wing.



22 Q Who are they?













61

1 A You want everybody?



2 Q Yes.



3 A I can't promise you I will remember



4 everybody, but I will tell you as many as I



5 possibly remember. Adam Goldberg and Tess



6 Johnson were my two deputies.



7 Q What were their duties and



8 responsibilities?



9 A Assisting me in working with the



10 press.



11 Lanny Breuer, who was a special



12 counsel to the President in charge of



13 investigations.



14 Q What investigations?



15 A Any investigations taking place by



16 the Congressional committees on campaign



17 finance and other possible issues.



18 Q Including FBI and government files?



19 A I do not know whether he was



20 involved in that.



21 Q He worked for you, didn't he?



22 A No. In fact, I reported to him on













62

1 the campaign finance issues.



2 Q Who else?



3 A Various members of the team that



4 worked for Lanny Breuer. Do you want me to



5 name those names?



6 Q Yes.



7 A Dimitri Nionakis.



8 Q How is that spelled?



9 A N-i-o-n-a-k-i-s. Michael



10 Imbroscio, I-m-b-r-o-s-c-i-o, I believe.



11 Q These are all people in



12 Mr. Breuer's team?



13 A Right. Karen Popp, P-o-p-p.



14 Cheryl Mills, Mr. Ruff, and Mr. Quinn, when



15 he was there. Mike McCurry and his various



16 associates in the press office. And those



17 would be the primary ones I would work with.



18 Q Was there anyone that you worked



19 with in the President's office?



20 A What do you mean by "the



21 President's office"?



22 Q The President?













63

1 A I know the President, but what do



2 you mean, his "office"?



3 Q Was anybody in his inner office



4 that you worked with, that you had routine



5 contact with?



6 A What do you mean by "inner office"?



7 Q In and around his office suite?



8 A In and around his office suite.



9 Q Did you work with the chief of



10 staff, for instance, on a regular basis?



11 A Okay. No, not the chief of staff.



12 The deputy chief of staff, John Podesta, I



13 would have worked with on a regular basis.



14 Q What was the nature of your contact



15 with Mr. Podesta?



16 A Regular meetings during the



17 campaign finance hearings.



18 Q During these?



19 A Prior to and during.



20 Q During these meetings, I am not



21 asking for the specifics, but generally, why



22 did these meetings take place?













64

1 MR. MILLS: Objection. Relevancy



2 to this case.



3 BY MR. KLAYMAN:



4 Q You can respond.



5 A To plan for the coming



6 Congressional hearings, or during the



7 hearings, to discuss the press inquiries



8 associated with the hearings or the campaign



9 finance issues and my responses to those



10 inquiries.



11 Q We never finished this line of



12 questioning. Was there any procedure at the



13 White House before you did a television



14 appearance that you would have to go through



15 to clear your doing the television



16 appearance?



17 MS. SHAPIRO: One moment, please.



18 That is the same question that we objected to



19 earlier.



20 MR. KLAYMAN: Let's go off the



21 record, because we don't want our time used.



22 We are not going to count this as our time.













65

1 VIDEOGRAPHER: We are going off



2 video record at 11:03.



3 (Discussion off the record)



4 MS. SHAPIRO: Back on the record.



5 VIDEOGRAPHER: Stand by, please.



6 We are back on the video record at 11:04.



7 MS. SHAPIRO: He described



8 generally, and I have allowed him to answer



9 questions generally, about who he works with



10 and his duties and responsibilities. But the



11 specific workings and work product of the



12 counsel's office, I am going to instruct him



13 not to answer, including the question about



14 on specific issues, how he would obtain



15 approval or requests to appear on television



16 shows.



17 So instruct the witness not to



18 answer.



19 MR. KLAYMAN: Are you saying that



20 to obtain approval to say something publicly



21 is part of a work product privilege?



22 MS. SHAPIRO: Yes.













66

1 MR. KLAYMAN: That is in



2 anticipation of litigation?



3 MS. SHAPIRO: Yes.



4 MR. KLAYMAN: Certify it.



5 BY MR. KLAYMAN:



6 Q Is it not true that Mike McCurry,



7 press secretary of the White House, described



8 you to the media as the one to see to discuss



9 Clinton controversies?



10 A That is not correct.



11 Q Why is it not correct?



12 A The word "controversy" is much too



13 broad.



14 Q How would you define it?



15 A Campaign finance issues, for the



16 most part.



17 Q You are saying that Mike McCurry



18 never said to the media that Lanny Davis was



19 limited to campaign finance only?



20 A That he never said that?



21 MS. SHAPIRO: Objection, form.



22 THE WITNESS: I think he did tell













67

1 them I was primarily responsible for



2 questions and information pertaining to the



3 campaign finance issues.



4 BY MR. KLAYMAN:



5 Q He also told them that you are



6 responsible for Clinton controversies



7 generally, correct?



8 A I don't know what he told them, but



9 that is not my observation, no.



10 Q Was there someone in the White



11 House counsel's office that the media was to



12 contact concerning the FBI file matter, the



13 government file matter?



14 A I don't know.



15 MR. KLAYMAN: I will show you what



16 I will ask the court reporter to mark as



17 Exhibit No. 1.



18 (Davis Deposition Exhibit No. 1



19 was marked for identification.)



20 BY MR. KLAYMAN:



21 Q Exhibit No. 1 is a White House



22 statement by the press secretary Mike McCurry













68

1 dated November 21, 1996. Have you ever seen



2 this document before?



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



4 so.



5 Q Based upon your experience in



6 working at the White House, was it your



7 understanding that the press secretary, Mike



8 McCurry, could make representations about you



9 and your background without talking to you



10 first?



11 A I have no idea how to answer that



12 question.



13 Q First paragraph reads, "The White



14 House announced today that Lanny J. Davis



15 will join the White House counsel's office as



16 special counsel, effective December 9,



17 1996" -- I'm adding the 1996 -- "to serve as



18 press spokesman on certain legal issues,



19 including those related to the Whitewater and



20 travel office investigations, and to recent



21 questions regarding campaign contributions."



22 A That was probably -- certainly was













69

1 the perception of the press office when they



2 did this press release at the time. It is



3 was not my understanding of my job



4 responsibilities.



5 This is dated November 1, 1996 and



6 I didn't begin the job until December 9. It



7 is possible that they believed I was going to



8 be responsible for those issues before I



9 arrived, but that was not any understanding.



10 Q So you are saying that this



11 statement by Mike McCurry is false?



12 MR. MILLS: Objection.



13 Mischaracterizes his testimony.



14 THE WITNESS: It appears to be, in



15 retrospect, inaccurate. It may have been



16 accurate at the time. That is there may have



17 been an expectation at the time that I was



18 hired that I was to speak to those issues,



19 although that was not my understanding.



20 In retrospect, it certainly isn't



21 accurate, because I did not speak at all to



22 the travel office investigations. I did, as













70

1 I said earlier, just touch upon some



2 Whitewater issues incidentally.



3 BY MR. KLAYMAN:



4 Q Are you saying no one ever told you



5 at the White House that you would be in



6 charge of Whitewater and travel office



7 matters in terms of communication to the



8 press?



9 A Not travel office matters, and not,



10 except incidentally, Whitewater matters. The



11 primary job I was described when I first



12 talked to Mr. Quinn was to deal with the



13 pending Congressional investigations and



14 press inquiries, which were then very intense



15 in December of 1996, concerning the campaign



16 finance allegations.



17 Q You are saying no one ever said to



18 you, "Lanny, you are going to be responsible



19 for Whitewater and the travel controversy as



20 well"?



21 A Correct.



22 MS. SHAPIRO: Asked and answered.













71

1 BY MR. KLAYMAN:



2 Q Let's read the rest of this.



3 "Mr. Davis has been a partner in the



4 Washington, D.C. law firm of Patton Boggs



5 since 1978. He has also been active in the



6 Democratic Party and in national, state and



7 local politics. Mr. Davis has appeared as a



8 private citizen on a number of television and



9 radio programs to address questions relating



10 to the issues he will work on in the



11 counsel's office.



12 "He replaces Mark Fabiani, who



13 resigned from counsel's office after having



14 served for the past year and a half as White



15 House spokesman on these issues.



16 "Mr. Davis served three terms as a



17 representative for the state of Maryland on



18 the Democratic National Committee. He served



19 on the DNC executive committee and as



20 chairman of the eastern region caucus. He is



21 a former chairman of the Washington Suburban



22 Transit Commission and the Commission on













72

1 Reorganization of Montgomery County, Maryland



2 government.



3 "The author of The Emerging



4 Democratic Majority: Lessons and Legacies



5 from the New Politics, (1973), Mr. Davis



6 received his BA from Yale College and his



7 LL.B. from Yale Law School. He joined Patton



8 Boggs in 1975 after two years with the



9 Arnold & Porter law firm in Washington, D.C.



10 "Mr. Davis and his wife, Carolyn



11 Atwell-Davis, reside in Potomac, Maryland."



12 Where did the White House press



13 office get this information to be able to



14 prepare this press release, which has a lot



15 of your background?



16 A I sent them a biographical



17 statement.



18 Q You did have contact with them over



19 the preparation of this press release?



20 MR. MILLS: Objection.



21 Mischaracterizes his testimony. Assumes



22 facts not in evidence.













73

1 THE WITNESS: They asked me for



2 biographical information and I sent it to



3 them.



4 BY MR. KLAYMAN:



5 Q They sent you a back a copy of the



6 press release they intended to issue on your



7 behalf?



8 MR. MILLS: Objection. Is that a



9 statement or a question?



10 THE WITNESS: I don't think so.



11 BY MR. KLAYMAN:



12 Q The travel office controversy, that



13 involves an individual by the name of Billy



14 Dale, does it not?



15 A I believe so.



16 MS. SHAPIRO: Objection, form.



17 BY MR. KLAYMAN:



18 Q You are aware that the obtained the



19 FBI file on Billy Dale?



20 MS. SHAPIRO: Objection, form.



21 THE WITNESS: I am not sure of



22 that.













74

1 BY MR. KLAYMAN:



2 Q You have heard that, haven't you?



3 A I can't be sure I have heard that



4 his FBI files were obtained for --



5 Q For Billy Dale?



6 A I don't think I knew that.



7 Q You didn't know that until I just



8 said that?



9 A I don't think so.



10 Q As part of your daily activities at



11 the White House, did you read various



12 newspapers and publications?



13 A Yes.



14 Q What newspapers and publications



15 did you read?



16 A The major national newspapers and



17 some local newspapers.



18 Q What were the major national



19 newspapers?



20 A New York Times, Wall Street



21 Journal, Washington Post, USA Today.



22 Q Did you read the same newspapers













75

1 when you were previously with Patton Boggs?



2 A No. I actually read the Washington



3 Post.



4 Q Did you also read the Washington



5 Times when you were at the White House?



6 A Yes, I did.



7 Q You still read the Washington



8 Times?



9 A Once in awhile.



10 Q Have you ever heard of an



11 individual by the name of Mr. Brasseux?



12 A No.



13 Q Are you aware that his file was



14 obtained as well by the White House?



15 MS. SHAPIRO: Objection, form.



16 BY MR. KLAYMAN:



17 Q B-r-a-s-s-e-u-x?



18 A No, I was not aware of that.



19 Q Are you aware he worked in the



20 travel office with Mr. Dale?



21 A I was not aware of that.



22 Could we go off the record?













76

1 Never mind.



2 MR. KLAYMAN: Do you want to take



3 your five-minute break?



4 THE WITNESS: I was going to ask



5 you.



6 VIDEOGRAPHER: We are going off



7 video record at 11:13.



8 (Discussion off the record)



9 VIDEOGRAPHER: Back on video record



10 at 11:26.



11 MS. SHAPIRO: Before we start, I am



12 going to withdraw the objection and, for



13 purposes of moving this along, I am allowing



14 Mr. Davis to answer the question about how he



15 went about getting authorization to appear on



16 his TV shows.



17 So if you want to ask about that



18 process, you can go ahead and ask that



19 question.



20 BY MR. KLAYMAN:



21 Q Can you please answer that



22 question?













77

1 A It was an informal process. It was



2 no authority or decisionmaking, as your



3 question implied. It was an informal



4 consensus that I would seek from various



5 people whose opinions I respected: Press



6 office people, counsel's office people, and



7 political people.



8 Q In the ordinary course of seeking



9 that informal approval, who did you consult



10 with?



11 A Again, I wouldn't necessarily use



12 the word "approval." It was sort of a



13 consensus that we would all come to, and I



14 would consult with primarily in the press



15 office, Michael McCurry and Stuart Schear



16 (phonetic), primarily in the counsel's



17 office.



18 Q Who was Stuart Schear?



19 A Stuart Schear was responsible for



20 receiving the phone calls from television



21 producers, inviting me to appear. He was in



22 the category of a booker, if you were looking













78

1 at the outside world.



2 In the counsel's office, I would



3 primarily consult with Lanny Breuer. In the



4 political arena, I guess I would primarily --



5 I guess I didn't really talk to people in the



6 political field. Once in awhile Doug Sosmic



7 (phonetic) or Rahm Emanuel, but mostly it



8 would be Lanny Breuer or Mike McCurry.



9 Q In Exhibit 1, which I read to you,



10 it says, "Mr. Davis has appeared as a private



11 citizen on a number of television and radio



12 programs to address questions relating to the



13 issues he will work on in the counsel's



14 office."



15 During the time you were with the



16 White House, did you ever make appearances in



17 your private capacity?



18 A Could I just pause for a second?



19 Where did you read that sentence?



20 Q Second paragraph.



21 A Okay.



22 MS. SHAPIRO: Assert an objection













79

1 to the form of the question.



2 THE WITNESS: Could you repeat the



3 question?



4 BY MR. KLAYMAN:



5 Q During the time that you were at



6 the White House, did you ever appear on TV



7 and radio programs in your private capacity?



8 A No, I did not.



9 Q In this regard, this statement:



10 "Mr. Davis has appeared as a private citizen



11 on a number of television and radio programs



12 to address questions relating to the issues



13 he will work on in the counsel's office," is



14 the White House press secretary referring to



15 the fact that you made private appearances



16 before you joined the White House on issues



17 relating to Whitewater and the Travelgate



18 investigations?



19 A I don't know what he is referring



20 to at all.



21 Q How did he get the information to



22 be able to make that statement, Mr. McCurry?













80

1 A Mr. Davis. How did Mr. McCurry --



2 Q Mr. McCurry made the statement, but



3 where did he get that information, to the



4 best of your knowledge?



5 A I can only tell you what I told the



6 press office prior to my going to the White



7 House about my past activities. That is the



8 only thing I can tell you. I don't know



9 where he got information from, but I can only



10 tell you what I told him.



11 Q Does the White House press



12 secretary keep a collection of various



13 appearances by Clinton friends and allies on



14 radio and television?



15 MS. SHAPIRO: Objection, form.



16 THE WITNESS: I have no idea.



17 BY MR. KLAYMAN:



18 Q Do they keep the videos, for



19 instance, of appearances of Clinton allies



20 and friends, based on your knowledge?



21 MR. MILLS: Objection, form.



22 MS. SHAPIRO: Objection.













81

1 THE WITNESS: I have no idea.



2 BY MR. KLAYMAN:



3 Q Have you ever asked?



4 A No.



5 Q You were served with a subpoena in



6 this case, correct?



7 A Yes, I was.



8 MR. KLAYMAN: I will show you what



9 I will ask the court reporter to mark as



10 Exhibit No. 2.



11 (Davis Deposition Exhibit No. 2



12 was marked for identification.)



13 BY MR. KLAYMAN:



14 Q Showing you Exhibit No. 2,



15 Mr. Davis, is this a copy of the subpoena



16 which you received from Judicial Watch?



17 MR. MILLS: Objection. The witness



18 has to have an opportunity to review it.



19 MR. KLAYMAN: Sure, take your time.



20 MR. MILLS: Counsel for the witness



21 will have to have an opportunity to compare



22 it with what was received.













82

1 THE WITNESS: While counsel is



2 reviewing it, I can't say with certainty that



3 there isn't a page missing or words that



4 might have been changed. But this looks to



5 me as the same document that we received,



6 without knowing for certain that it is the



7 exact same document.



8 MR. KLAYMAN: For purposes of



9 allowing yourself and Mr. Mills an



10 opportunity to review documents, let me mark



11 as Exhibit 3 a notice of deposition duces



12 tecum which was served upon you subsequent to



13 the subpoena, which narrows the scope of



14 certain document requests.



15 (Davis Deposition Exhibit No. 3



16 was marked for identification.)



17 MR. MILLS: Mr. Klayman, with



18 respect to Exhibit No. 2 and Exhibit 3, so



19 that this can be moved along, we will reserve



20 our right to object to the authenticity of



21 this, and both exhibits, subject to



22 comparison. But I don't think it is fruitful













83

1 to sit here and compare word for word, line



2 by line, at this particular point in order to



3 satisfy ourselves as to authenticity.



4 So we will reserve that objection.



5 MR. KLAYMAN: I appreciate that.



6 BY MR. KLAYMAN:



7 Q So you did receive the notice of



8 deposition which is Exhibit No. 3 in addition



9 to the subpoena?



10 A Subject to the objection, yes.



11 Q Have you produced any documents



12 here today in response to the subpoena and



13 narrowed notice of deposition?



14 A I have not.



15 Q Did you search for documents in



16 response to the subpoena and notice of



17 deposition duces tecum?



18 A Subject to the advice of counsel as



19 to what I was supposed to search for in the



20 area of responsiveness, I did do a very



21 diligent search, yes.



22 Q At the time that you left the White













84

1 House in January of this year, did you take



2 documents with you?



3 A I took -- by documents, I would --



4 the answer is yes. But the definition of



5 documents --



6 Q Tell me everything that you took.



7 A I made copies of various press



8 clippings and documents that were the subject



9 of published reports. I made copies of those



10 and took them with me, yes.



11 Q Did any of those documents refer or



12 relate in any way to Filegate or government



13 files?



14 A No, they did not.



15 Q Did you seek clearance of the



16 documents which you took from the White



17 House?



18 A No, I did not.



19 Q At the time that you took the



20 documents, were you aware of any procedure to



21 clear documents which are removed from the



22 White House?













85

1 A I made copies of documents. The



2 originals were left behind me. I made the



3 judgment that there was no objection to my



4 copying items that one could get out of



5 NEXIS, which is published newspaper reports,



6 and I had no concern about making copies of



7 documents that were the subjects of published



8 reports. Those were the two categories of



9 copies that I made.



10 Q At the time that you left the White



11 House, were you aware of any clearance



12 procedures with regard to documents taken



13 from the premises?



14 A I was not aware of any clearance



15 procedures regarding copies of documents. I



16 was aware of clearance procedures regarding



17 secured documents, classified documents, that



18 sort of thing.



19 Q During the time that you were at



20 the White House, did you have a security



21 clearance?



22 A Yes.













86

1 Q What type of security clearance did



2 you have?



3 A Secret. I don't think I know the



4 answer to that. I don't think I know the



5 answer to that. It was definitely a



6 clearance, but I forget the level.



7 Q During the time you were at the



8 White House, did you ever see classified



9 material?



10 A Yes.



11 Q Did you ever see classified



12 material with regard to the Filegate issue?



13 A No, I did not.



14 Q I am going to use the word



15 "Filegate issue" and include government



16 files.



17 MS. SHAPIRO: Objection to the



18 definition as vague.



19 MR. MILLS: Objection.



20 BY MR. KLAYMAN:



21 Q You understand what I mean?



22 A Why don't you say "Filegate and













87

1 government files"?



2 Q I am talking about the procuring of



3 FBI files by the White House, and any other



4 government files that contain information



5 that has been released about individuals such



6 as Linda Tripp, Kathleen Willey, and others.



7 That is the nature of my definition.



8 MS. SHAPIRO: I am going to



9 reassert the vagueness objection, because I



10 think that is not a workable definition.



11 BY MR. KLAYMAN:



12 Q Do you understand what I said? She



13 can have her objection.



14 A I understand what you said, but if



15 you use the expression "other government



16 files," I am going to have a hard time



17 figuring what you are talking about. But



18 let's go forward.



19 MR. MILLS: Let the record reflect



20 that we have made objections to your use of



21 that particular description as vague and



22 ambiguous. We made those objections on the













88

1 record.



2 There are four objections: A



3 preliminary objection and three supplemental



4 objections to the documents request. And we



5 restate here and reincorporate here those



6 objections.



7 BY MR. KLAYMAN:



8 Q During the time you were at the



9 White House, did you ever see classified FBI



10 material of any kind?



11 A No, I did not.



12 Q Did you ever see classified



13 Pentagon material at any time?



14 A I don't believe so.



15 Q Did you ever have access to the



16 personnel files of any White House employees



17 during the time that you worked there?



18 A I did not.



19 Q Did you ever have access to the



20 security files of any employees of the



21 Pentagon at the time that you worked there?



22 MR. MILLS: Objection. Vague,













89

1 ambiguous in terms of security files.



2 MR. KLAYMAN: You can respond.



3 THE WITNESS: I did not.



4 BY MR. KLAYMAN:



5 Q During the time that you worked at



6 the White House, did Howard Ickes also work



7 at the White House for part of that period of



8 time?



9 A Very briefly.



10 Q Do you know whether Mr. Ickes left



11 the White House with documentation?



12 A Tell me what you mean by



13 "documentation"?



14 Q Pieces of paper, computer



15 diskettes, recordations on dictaphones,



16 anything to that effect?



17 A Pieces of paper, yes. The others I



18 am not aware of.



19 Q How did you become aware of that?



20 A The copies of documents that he



21 made and took with him when he left the White



22 House were requested by a Congressional













90

1 committee, and were sent to the Congressional



2 committee pursuant to a subpoena. I believe



3 it was in December or January of 1996, '97; I



4 don't remember when.



5 As a result of that subpoena and



6 that production, Mr. Ickes chose to release



7 to the press all of those documents, and sent



8 us copies at the White House of all of the



9 documents that he was going to release to the



10 press.



11 It was my responsibility to respond



12 to press inquiries about those documents.



13 Q Was there anything in those



14 documents that referred or related in any way



15 to the Filegate controversy?



16 A I don't recall that there were any.



17 I don't think so, but I don't recall.



18 Q Do you know whether Mr. Ickes ever



19 took documents that referred or related in



20 any way to the Filegate controversy?



21 A Not that I am aware of.



22 Q Did you have an opportunity to













91

1 review the documents with Mr. Ickes before he



2 left the White House?



3 A No, I did not.



4 Q So all you know is that you



5 received the documents which he gave to the



6 Congressional committee?



7 A Copies of the documents, that's



8 right.



9 Q You don't know whether or not he



10 produced all of the requested documents to



11 the Congressional committees?



12 A I do not.



13 Q You don't know whether or not he



14 withheld documents on the Congressional



15 committees?



16 A I do not.



17 Q Do you know where Mr. Ickes stored



18 the documents that he took from the White



19 House?



20 A I do not.



21 Q Did you ever discuss with Mr. Ickes



22 his removal of documents from the White













92

1 House?



2 A Yes, I did.



3 Q When did you discuss that with him?



4 A Shortly after I was aware of the



5 need to respond to press inquiries about the



6 documents that he was about to release, I



7 asked him about the circumstances of his



8 taking the documents with him, because I knew



9 I would be asked about that by members of the



10 press corps.



11 Q Who contacted who, you or



12 Mr. Ickes?



13 A We literally, physically bumped



14 into each other on a street corner.



15 Q What street corner was it?



16 A I remember it well. It was 17th



17 and Pennsylvania Avenue.



18 Q I thought you were going to say "a



19 street corner named desire."



20 A I bumped into him as I was leaving



21 late night, right before the release of the



22 documents to the press. We had a very brief













93

1 conversation. That is when I asked him about



2 the circumstances of his taking those



3 documents with him.



4 Q What did he tell you?



5 A He told me that making copies of



6 documents that were essentially political



7 documents and not classified did not present



8 a problem as far as he was aware of any rules



9 or regulations, that I could say that to the



10 press. I did so repeat that to the press



11 many times.



12 Q You were concerned that he had



13 taken government documents?



14 A I wasn't concerned. I was simply



15 anticipating the inquiry, was Mr. Ickes



16 permitted to take the documents, copies of



17 the documents that he did? He gave me his



18 answer, and I repeated that answer.



19 Q Was that one of the areas that you



20 were authorized to discuss with the press,



21 the removal of the Ickes documents?



22 A Yes.













94

1 Q What context were you authorized to



2 discuss that with the press?



3 A In the overall context of the



4 campaign finance story, which was the context



5 for that release, the fundraising and



6 political activities in the White House would



7 be the way I would define overall the



8 campaign finance story. Those documents, to



9 the extent they reflected on those issues,



10 were in my areas of responsibility.



11 Q Did Mr. Ickes tell you where he



12 stored those documents in this conversation



13 or any other later conversation?



14 A No, he did not.



15 Q Are you aware that he stored the



16 documents that he stored the documents in a



17 Georgetown house, Fire Island, and another



18 New York location?



19 A No, I wasn't.



20 Q Are you aware that he claims to



21 have given a lot of those documents to



22 Mr. Bob Bennett?













95

1 A I knew that he gave a lot of those



2 documents to his attorney, Bob Bennett.



3 Q Was anyone at the White House



4 concerned that Mr. Ickes had removed



5 documents without getting approval?



6 MS. SHAPIRO: Objection, form.



7 THE WITNESS: Yes.



8 BY MR. KLAYMAN:



9 Q Who?



10 A I guess -- I can't remember whether



11 Mr. Breuer was in the White House at the time



12 of the first Ickes documents disclosure. But



13 we were concerned about how to answer the



14 question on whether it was okay to make those



15 copies and take them out of the White House.



16 The press was asking questions after the



17 release of those documents.



18 We answered the question along the



19 lines that Mr. Ickes told us.



20 Q So you told the press that it was



21 permissible for Mr. Ickes to remove those



22 documents?













96

1 A Yes. I told them it was



2 permissible for Mr. Ickes to make copies and



3 remove those documents, yes.



4 Q Had you reviewed the documents



5 themselves before you made the statement to



6 the press?



7 A Not all of them, but most of them.



8 Q Are you aware Mr. Ickes produced in



9 this lawsuit documents related to Filegate



10 that he removed from the White House?



11 A I was not aware of that, no.



12 Q Was the President concerned that



13 Mr. Ickes removed the documents from the



14 White House?



15 MS. SHAPIRO: I want to caution the



16 witness not to reveal the substance of



17 conversations.



18 THE WITNESS: I have no idea.



19 BY MR. KLAYMAN:



20 Q Did you ever discuss it with him?



21 A No, I did not.



22 Q After that time that you saw













97

1 Mr. Ickes on the street corner, have you ever



2 spoken with him?



3 A With Mr. Ickes?



4 Q Yes.



5 A Many, many times.



6 Q Why do you speak frequently with



7 Mr. Ickes?



8 A He is a friend of 30 years.



9 Q Good friend?



10 A Yes.



11 Q Have you ever spoken with Mr. Ickes



12 about his appearance in this case, Alexander



13 v. FBI?



14 MR. MILLS: Objection, vague. Can



15 you define "appearance"?



16 BY MR. KLAYMAN:



17 Q He was deposed in this lawsuit.



18 A No, I haven't.



19 Q Have you ever spoken with Mr. Ickes



20 about anything he knows about Filegate?



21 A No, I haven't.



22 MS. SHAPIRO: Objection, form.













98

1 THE WITNESS: Sorry.



2 BY MR. KLAYMAN:



3 Q Have you ever spoken with Mr. Ickes



4 about Linda Tripp?



5 A I don't believe so.



6 Q You are not sure?



7 A I am not sure, but I don't believe



8 so.



9 Q Have you ever spoken with Mr. Ickes



10 about Kathleen Willey?



11 A I might have.



12 Q What did you speak with him about



13 Kathleen Willey?



14 MR. MILLS: Objection. Assumes



15 fact not in evidence. The response was he



16 may have.



17 MR. KLAYMAN: This is just



18 discovery. If you have recollection of any



19 sort, please provide it.



20 THE WITNESS: After the first



21 published reports in Newsweek magazine, I



22 believe I had a conversation with him about













99

1 the story.



2 BY MR. KLAYMAN:



3 Q When was that?



4 A I think it was probably the summer



5 of 1997.



6 Q As was that conversation in person



7 or by phone or otherwise?



8 A I can't remember.



9 Q What was discussed?



10 A What do you think of the story? I



11 think I asked him what did you think of the



12 story in Newsweek? I think he said "I can't



13 figure it out," or, you know, "I don't know



14 what the docs are," or something to that



15 effect.



16 That's all.



17 Q Have you ever discussed with anyone



18 the release of Kathleen Willey's letters by



19 the White House?



20 A Yes.



21 Q Who did you discuss it with?



22 A Mr. Breuer, for the most part.













100

1 Q Anyone else?



2 A I can't really remember.



3 Q What did you discuss with



4 Mr. Breuer?



5 MR. MILLS: Objection.



6 MS. SHAPIRO: Objection.



7 MR. MILLS: A moment to consult



8 with the witness.



9 MS. SHAPIRO: Can you give us a



10 time frame for that question?



11 MR. KLAYMAN: When the conversation



12 occurred. I asked Mr. Davis for that time



13 frame.



14 MS. SHAPIRO: I didn't hear it.



15 BY MS. SHAPIRO:



16 Q When did you have this discussion



17 with Mr. Breuer?



18 A Right after the letters were



19 released. I called Mr. Breuer to say, can



20 you send me a copy of the letters that were



21 released to the press?



22 Q Did he send you those copies?













101

1 A Yes, he did.



2 Q How did he send them to you?



3 A I believe his assistant faxed them



4 to me.



5 Q Who was his assistant?



6 A Brian Smith.



7 Q Were they received in your office



8 at Patton Boggs?



9 A I can't remember whether they were



10 received at my office or at my home fax. It



11 could have been either one.



12 Q Do you still have a copy of those



13 letters?



14 A I don't think so. I read them -- I



15 used them as a basis for some television



16 appearances, and then I closed -- as the



17 issue fades, I throw them out and wait for



18 the next batch.



19 Q These letters were faxed after you



20 already left the White House?



21 A Yes, this is just recently.



22 Q You are no longer an employee of













102

1 the White House?



2 A Correct.



3 Q You are no longer an employee of



4 the federal government?



5 A Correct.



6 Q At the time that these letters were



7 sent to you, did you ask anyone where the



8 letters were stored at the White House?



9 A No, I did not.



10 Q During the course of your legal



11 practice, which dates back to -- when did you



12 graduate from law school again?



13 A 1970, but I began in '72.



14 Q '72, you did become familiar with



15 the Privacy Act, did you not?



16 MR. MILLS: Objection. No



17 foundation.



18 BY MR. KLAYMAN:



19 Q You can respond.



20 A No.



21 Q Do you know what the Privacy Act



22 is?













103

1 A I know of it. I don't know too



2 much about it.



3 Q How did you learn about the Privacy



4 Act?



5 A I can't really remember. Read



6 about it in the newspapers, probably.



7 Q When you worked at the White House,



8 was that the first time you ever worked for



9 the federal government?



10 A Yes, with the exception of an



11 internship in the Senate in my second year in



12 law school.



13 Q At the White House, was there any



14 documentation or training that a new employee



15 got concerning the Privacy Act that you know



16 of?



17 A I don't believe so. We took an



18 ethics course that we all had to attend, and



19 I don't remember the Privacy Act issue being



20 discussed at the ethic course. It might have



21 been.



22 Q Who taught the ethics course?













104

1 A Who taught the ethics course? It



2 was taught by two White House counsels. I



3 believe her name was Kathy. I forget her



4 last name.



5 Q Kathy was both White House counsel?



6 A No, this is another Kathy.



7 Q There were two White House counsels



8 named Kathy?



9 A There were at one point two people



10 in the White House office called Kathy.



11 Q Both teaching ethics courses?



12 A No.



13 Q Who was the other one teaching



14 ethic courses?



15 A I forget. There -- it would be



16 done through a panel on the stage. There



17 would be a little skit that would be



18 performed with people performing different



19 roles on different hypothetical scenario.



20 Q When did you take the ethics course



21 upon your beginning at the White House?



22 A Yes.













105

1 Q They did teach aspects of the



2 Privacy Act?



3 A They could have.



4 MS. SHAPIRO: Objection to form.



5 BY MR. KLAYMAN:



6 Q Did you ever receive any written



7 materials during your time at the White



8 House, giving you advice on the Privacy Act?



9 A I don't believe so, but I don't



10 remember.



11 Q Why did you request the White House



12 to send you the Kathleen Willey letters?



13 A I was about to be on a television



14 program, and that was in the news, and I



15 wanted to be prepared.



16 Q What television program was that?



17 A I think it was Geraldo.



18 Q Now, at the time that you left the



19 White House, was there any understanding that



20 you would do press appearances discussing



21 issues involving the Clinton controversies?



22 A What do you mean by













106

1 "understanding"?



2 Q Understanding with the White House?



3 A I told them that I would, but there



4 was no agreement for me to do so.



5 Q Was there an agreement that they



6 would provide materials to you that would



7 help you in your TV appearances after you



8 left the White House?



9 A No, there was not.



10 Q But they have provided materials to



11 you from time to time since you left the



12 White House?



13 A Yes.



14 Q Do you receive any compensation for



15 making appearances, discussing the Clinton



16 controversies, during the period you left the



17 White House?



18 A No, I do not.



19 Q I believe you recently made a



20 statement, did you not, to the media that you



21 had initially intended to only do White House



22 spin for about 90 days or so after you left













107

1 the White House?



2 A I never made that --



3 MR. MILLS: Objection, relevance.



4 MS. SHAPIRO: Objection.



5 THE WITNESS: I never made that



6 statement.



7 BY MR. KLAYMAN:



8 Q That was a false quote in the



9 newspaper?



10 MR. MILLS: Objection. No



11 foundation.



12 THE WITNESS: I don't think you



13 would find a quote from me that uses the word



14 "spin."



15 BY MR. KLAYMAN:



16 Q What word did you use?



17 A I think I said my original



18 expectation was that I would appear on



19 television shows to discuss these issues for



20 about three months after leaving the White



21 House. That was my expectation.



22 Q Did you discuss that with the White













108

1 House at the time that you left?



2 A No.



3 MR. MILLS: Objection, relevance.



4 THE WITNESS: No, I did not.



5 BY MR. KLAYMAN:



6 Q Did you discuss that with anyone at



7 the time that you left?



8 MR. MILLS: Objection, relevance.



9 THE WITNESS: Yes.



10 BY MR. KLAYMAN:



11 Q Who did you discuss it with?



12 MR. MILLS: Objection, relevance.



13 THE WITNESS: My wife.



14 BY MR. KLAYMAN:



15 Q Why did you set three months as a



16 period?



17 MR. MILLS: Objection, relevance.



18 BY MR. KLAYMAN:



19 Q You can respond.



20 A I was tired, and I wanted to return



21 to my family and my law practice and my



22 private life.













109

1 Q At the time that you left the White



2 House, did you feel that you had a duty to



3 make these TV appearances to discuss the



4 Clinton controversies for at least a limited



5 period of time?



6 MR. MILLS: Objection, relevance.



7 THE WITNESS: I am not going to



8 accept the word "duty" as you used it. But I



9 will tell you the answer as I would describe



10 it.



11 I felt very strongly that this was



12 a very important presidency and a very



13 important administration, and I was also very



14 loyal and felt a deep feeling of friendship



15 to the President and Mrs. Clinton.



16 Based upon those feelings, I wanted



17 to continue to be of assistance to them,



18 especially in the new controversies that had



19 just arisen, despite my departure. So I felt



20 a strong desire to be of assistance to them



21 for at least a reasonable period of time,



22 even after leaving the White House.













110

1 BY MR. KLAYMAN:



2 Q Did you express that strong desire



3 to anybody at the White House at the time you



4 left or before?



5 A Yes.



6 MR. MILLS: Objection, relevance.



7 BY MR. KLAYMAN:



8 Q Who?



9 MS. SHAPIRO: I join on the



10 relevancy objections.



11 MR. KLAYMAN: You can have a



12 running objection.



13 THE WITNESS: I would say virtually



14 everybody that I work with in the White



15 House, I expressed that to.



16 BY MR. KLAYMAN:



17 Q Did you express that feeling with



18 Mike McCurry?



19 A Yes.



20 Q Did you express that feeling with



21 Lanny Breuer?



22 A Yes.













111

1 MR. MILLS: This entire line of



2 questioning is subject to continuing



3 objection of relevance. I wanted that on the



4 record.



5 MR. KLAYMAN: That is fine.



6 BY MR. KLAYMAN:



7 Q Did you express that feeling with



8 the President?



9 A Could we go back to the words "that



10 feeling," and what answer we are referring



11 to?



12 Q The strong sentiment that you



13 should do --



14 A That answer as to why, that whole



15 answer?



16 Q We will call it the feeling.



17 A Yes, I did say that to the



18 President.



19 Q Did you say that is to



20 Mrs. Clinton?



21 A Yes, I did.



22 Q Did you express that feeling to the













112

1 chief of staff, Erskine Bowles?



2 A Yes, I did.



3 Q Anyone else in a high position in a



4 White House?



5 A Everyone in a high position in the



6 White House.



7 Q Sidney Blumenthal?



8 A Yes.



9 Q Paul Begala?



10 A Yes.



11 Q Ann Lewis?



12 A Yes.



13 Q Rahm Emanuel?



14 A Yes.



15 Q Did they thank you for having that



16 feeling?



17 A Some did.



18 MS. SHAPIRO: Objection to form.



19 BY MR. KLAYMAN:



20 Q Some say you shouldn't have that



21 feeling.



22 A None of them said I shouldn't have













113

1 that feeling.



2 Q During the time that, I believe you



3 stated that you subsequently extended that



4 90-day period?



5 A Yes.



6 Q You said that to the press,



7 correct? You were quoted recently to that



8 effect?



9 A Yes, I have.



10 Q You are now on your 160th-some day,



11 correct?



12 A I have not counted.



13 Q Is there a reason that you extended



14 that period?



15 A Yes.



16 Q Why is that?



17 A I still have the very strong



18 feeling, and it is hard to say no, given that



19 strong feeling.



20 Q Now, after you left the White



21 House, have you made media appearances where



22 you discussed the FBI file controversy?













114

1 A Since I left the White House?



2 Q Yes.



3 A I can't say for sure that the



4 subject has never come up on any of the many



5 programs that I have done, including some



6 with you. But I don't think so. It is



7 possible, but I don't think so.



8 MR. MILLS: If counsel has specific



9 appearances he wishes to question about,



10 where he can cite specific discussions by



11 Mr. Davis of the FBI files matter, perhaps



12 that would be a fruitful means of proceeding.



13 MR. KLAYMAN: We will do that.



14 This is obviously my questioning, and I take



15 that suggestion. I take it under advisement.



16 BY MR. KLAYMAN:



17 Q Have you ever discussed, since you



18 have left the White House, the Travelgate



19 matter?



20 MS. SHAPIRO: Objection to form.



21 BY THE WITNESS:



22 Q On any of these media appearances?













115

1 A I think I have made reference to



2 some of these so-called 'gates. I may have



3 even made a reference to the FBI or the



4 travel or the Vince Foster, or any of the



5 alleged scandals in the context of a comment



6 that I would make about the overall pattern



7 of allegations without proof, innuendo



8 without facts. I think I have used examples,



9 and I may have made reference to some of



10 those 'gates when I do that.



11 Q You have made appearances since you



12 left the White House discussing the Monica



13 Lewinsky controversy?



14 MR. MILLS: Objection. Relevance



15 and scope.



16 THE WITNESS: I have.



17 MR. KLAYMAN: I am just laying the



18 foundation.



19 BY MR. KLAYMAN:



20 Q You have made media appearances



21 since you left the White House where you



22 discussed Linda Tripp?













116

1 A Yes.



2 Q Kathleen Willey?



3 A Yes.



4 Q Since you have left the White



5 House, the White House has sent to you



6 materials about these controversies from time



7 to time, correct?



8 MS. SHAPIRO: Objection, form.



9 THE WITNESS: Upon my request, yes.



10 BY MR. KLAYMAN:



11 Q What materials have they sent to



12 you?



13 A Press clippings.



14 Q They have sent you press clippings



15 with regard to Filegate?



16 A I don't believe so.



17 Q They sent you press clippings with



18 regard to Travelgate?



19 A I don't believe so.



20 Q They sent you press clippings with



21 regard to Monica Lewinsky, that controversy?



22 A The whole controversy --













117

1 Q Which includes Tripp and Willey?



2 MR. MILLS: Objection. Form,



3 compound.



4 THE WITNESS: I have gotten lots of



5 press clippings relating to the Monica



6 Lewinsky set of allegations, associated with



7 those allegations, yes.



8 BY MR. KLAYMAN:



9 Q Do you also clip press clippings



10 yourself at Patton Boggs, or have somebody do



11 it for you?



12 A Not really. I will tear something



13 out of the newspaper that I might think I



14 will need for a particular program. I don't



15 keep too much in the filing system on this



16 particular matter, unless it is a current



17 issue that I am going to need to address in a



18 current show that I am about to be on.



19 MR. MILLS: Just for accuracy on



20 the record here, there has been no testimony



21 by Mr. Davis --



22 MR. KLAYMAN: Don't make a speaking













118

1 objection, please.



2 MR. MILLS: I am not making a



3 speaking objection. I am just making a



4 clarification. The clarification is



5 Mr. Davis, in his individual capacity, may do



6 something, but I don't think that there has



7 been any foundation laid that the law firm



8 does anything.



9 MR. KLAYMAN: That is a speaking



10 objection, so please don't do that again.



11 Certify it. That is the way to give the



12 witness testimony. That is what the Court



13 objects to.



14 THE WITNESS: What is your



15 question?



16 BY MR. KLAYMAN:



17 Q My question is whether there is



18 anybody at Patton Boggs who assists you in



19 doing clippings?



20 A No.



21 Q Is there anyone at Patton Boggs



22 that would handle incoming faxes and then













119

1 give them to you from the White House?



2 A My secretary.



3 Q Who is that?



4 A Wendy Williams.



5 Q Has there been anyone else since



6 you left the White House that you have worked



7 with in that regard?



8 A What regard?



9 Q Giving you materials that were sent



10 to you by the White House by fax or mail?



11 A Sometimes a substitute for Wendy,



12 if she is home ill. I have I had one or two



13 substitutes.



14 Q Who were they?



15 A I don't remember their names. They



16 were floaters in my law firm that substitute



17 when a secretary is sick. It couldn't have



18 been more than a few times.



19 Q You could, given some time,



20 identify those people?



21 A It would be hard. I probably have



22 one today who is sitting at the desk because













120

1 Wendy is home sick.



2 Q What is her name?



3 A I don't really know.



4 Q What is her name, Wendy Homesick?



5 A Wendy is homesick.



6 Q I thought maybe that was her name.



7 A I am sorry.



8 Q Wendy Homesick?



9 A Sorry.



10 Q I didn't hear.



11 Are you looking at some message you



12 are being sent? Mr. Davis, do you want to go



13 off the record?



14 A Are you asking me what I am looking



15 at?



16 Q What are you looking at?



17 A I am waiting for a possible message



18 from my wife about my son, and that was not



19 such a message.



20 Q That is fine. Just let me know and



21 we will go off the record.



22 A That is the only reason I am













121

1 interrupting. I have a four-month-old at



2 home, and if I get a message, I want to know



3 about it.



4 Q Understood.



5 You did receive the Kathleen Willey



6 letters, correct, from the White House?



7 A I received copies of some of the



8 letters. I don't know if they were all of



9 the letters.



10 Q So you did receive more than just



11 press clips since you left?



12 A When I say "press clips," maybe we



13 should define what I mean.



14 Q Please.



15 A I am including in "press clips"



16 documents that were given to the press. So



17 public documents and public stories would be



18 what I would tend to keep for a particular



19 show.



20 Q What other documents were you given



21 by the White House?



22 A When I would receive faxes?













122

1 Q Right, that are given to press,



2 since you left. Please identify them all?



3 A Besides the Willey letters?



4 Q Yes.



5 A Besides newspaper clips, what other



6 documents did I get from the White House that



7 were given out to the press?



8 Statement by Mr. Ruff, statement by



9 Mr. Kendall, transcripts by Mr. McCurry in



10 his press briefings. These were, you know,



11 public statements handed out to the press



12 corps.



13 That is really the most I can



14 remember right now.



15 Q Do you have a file at Patton Boggs



16 or anywhere elsewhere you keep the documents



17 that were sent from the White House?



18 A Not really.



19 Q You do keep some of the documents,



20 do you not?



21 A I kind of throw them in a pile at



22 my office. When I am not going to use them













123

1 anymore, I throw them away.



2 Q But there may still be some there?



3 A There are some there, yes.



4 Q I will ask you not to throw any



5 away that you currently have, because we will



6 make a formal request for those documents to



7 the extent that they were not included in our



8 subpoena?



9 A Sure. I searched everything that I



10 had pursuant to your subpoena, including



11 stuff lying around my office. But if --



12 through my counsel, I would be happy to do



13 that if my counsel advises me.



14 Q I am just asking you to preserve



15 what you have that you have received from the



16 White House.



17 A You can deal with my counsel. I



18 have no objection to doing it.



19 Q I am just putting you on legal



20 notice, that is all.



21 A I have no objection to doing it.



22 MR. MILLS: For the record, with













124

1 respect to any such request, we reserve our



2 right to object on relevancy or any other



3 basis.



4 BY MR. KLAYMAN:



5 Q Did you ever receive any documents



6 from the White House, since you left, that



7 were not disseminated to the press?



8 A I can only think of one instance,



9 and I think it was disseminated to the press.



10 So I have to say the answer to that is no,



11 but I am not sure of that one instance.



12 Q What was the other instance?



13 A There was a legal analysis in the



14 form of talking points on the issue of



15 executive privilege that I believe was handed



16 out to the press people who asked for it. It



17 was in the form of cases and citations about



18 precedence on the issue of executive



19 privilege.



20 I called the counsel's office to



21 ask for legal background on the executive



22 privilege issue for a television show that I













125

1 was going to be appearing on. I believe they



2 faxed me the legal cases and precedents. I



3 can't say for sure that that was released



4 generally to the press. I know it was made



5 available to the press who asked for it.



6 Q What were the different offices of



7 White House that had faxed you, or sent to



8 you in any way, materials since you left the



9 White House?



10 A Counsel's office and the press



11 office.



12 Q Who in the counsel's office sent



13 you documents?



14 A A variety of people.



15 Q Who?



16 A Jim Kennedy, Brian Smith, Chess



17 Johnson.



18 Q What position is Chess Johnson?



19 A He is a deputy to Jim Kennedy. He



20 was previously my deputy.



21 Q Who else?



22 A Those were the primary ones.













126

1 Q Who were the secretaries or



2 assistants?



3 A We didn't have secretaries.



4 Q Who handled administrative chores?



5 A They did.



6 Q Who from the White House press



7 office sent you materials since you left?



8 A Laurie Anderson, mostly.



9 Q What is her position?



10 A She is an assistant to Mike



11 McCurry.



12 Q Anyone else?



13 A I am never quite sure who is



14 answering the phone. Sometimes there would



15 be people whose names I didn't know. I would



16 almost always call and say, "Can you fax me



17 over the transcript of the McCurry press



18 briefing today?" That was almost always why



19 I would call.



20 Some people would do it that I



21 didn't know, whose names I didn't know.



22 Q In terms of commentary that you













127

1 have made on TV, you are just one of the



2 people that go on and talk about these



3 matters, correct?



4 A It appears that way.



5 Q There is usually somebody that



6 talks about it from the perspective of the



7 Clinton administration and somebody talks



8 about it from another perspective when you



9 make those appearances?



10 A That is definitely the case.



11 Q Are there a group of people that



12 routinely are asked to make appearances on



13 behalf of the White House, Clinton



14 administration?



15 MR. MILLS: Objection, relevance.



16 THE WITNESS: Asked by whom?



17 BY MR. KLAYMAN:



18 Q By the White House or the



19 Democratic National Committee?



20 MS. SHAPIRO: Objection, relevance.



21 THE WITNESS: I don't know.



22 BY MR. KLAYMAN:













128

1 Q Does the White House keep a list of



2 individuals who are available to make



3 appearances on its behalf?



4 A I don't know.



5 Q Does the Democratic National



6 Committee?



7 A I have no idea.



8 Q Is there any kind of procedure used



9 by the White House or Democratic National



10 Committee disseminated nationally of



11 individuals who would make appearances on



12 their behalf, or radio appearances?



13 A I am not aware of one.



14 Q Are you saying that the Democratic



15 National Committee does not have a list of



16 individuals who can go out and speak on



17 issues favorable to the Democratic National



18 Committee?



19 MR. MILLS: Objection, relevance.



20 THE WITNESS: I am just saying that



21 I am not aware of it. They may have it, but



22 I'm not aware of it.













129

1 BY MR. KLAYMAN:



2 Q From the time you were in the White



3 House and thereafter, are you aware of



4 materials ever having been sent to persons



5 other than yourself from the White House on



6 matters relating to the Clinton



7 controversies?



8 MS. SHAPIRO: Objection, vague.



9 MR. MILLS: Objection, relevance.



10 THE WITNESS: Since my departure



11 from the White House?



12 BY MR. KLAYMAN:



13 Q During and after your departure.



14 Let's start during?



15 A Repeat the question. During?



16 Q During the time you worked for the



17 White House, were you aware of materials



18 being sent to persons outside of the White



19 House who from time to time would do media



20 appearances taking positions favorable to the



21 White House?



22 A Yes.













130

1 Q Who were they?



2 A Specific individuals?



3 Q Yes.



4 A Who received the materials?



5 Q Yes.



6 A Michael Zelden, Rich Goodstein,



7 Stan Gildenhorn. That is all I can



8 specifically remember. There may have been



9 others.



10 Q James Carville?



11 A I wasn't aware of that.



12 Q Who was aware of that?



13 A I don't know.



14 MS. SHAPIRO: Objection to form.



15 THE WITNESS: Sorry.



16 BY MR. KLAYMAN:



17 Q Peter Fenn?



18 A I am not aware of that.



19 Q His partner, Mr. King? I forget



20 his first name.



21 A I am not aware of that.



22 Q Jennifer Laslow?













131

1 A I am not aware of that.



2 Q Dick Camber?



3 A I am not aware of that.



4 Q Geraldo Rivera?



5 A I am not aware of that.



6 Q Any other television talk show host



7 where materials were sent to them by the



8 White House during the period that you were



9 there?



10 A Talk show hosts?



11 Q Or their shows?



12 MS. SHAPIRO: Objection, form.



13 THE WITNESS: What do you mean by



14 "their shows"?



15 BY MR. KLAYMAN:



16 Q Let's take, for instance, Geraldo



17 Rivera. He has producers, bookers. He has a



18 whole entourage of people that work with him.



19 A It is possible I faxed material to



20 the producer of Geraldo, Mr. Petrick, when I



21 was at the White House.



22 Q What material did you fax him?













132

1 MR. MILLS: Objection, assumes



2 facts not in evidence. The testimony was it



3 is possible.



4 THE WITNESS: It is possible that I



5 faxed Mr. Petrick the day's releases or



6 statements to the press, or other material



7 that I had released to the press.



8 BY MR. KLAYMAN:



9 Q Did you fax any other materials



10 other than press releases to any TV or radio



11 shows during the period you were there?



12 A Yes.



13 Q What did you fax, and to whom?



14 A Statements that I would release to



15 the press, documents that we had released to



16 the press of any of a number of things.



17 We didn't do press releases. At



18 least I didn't do press releases.



19 Q What documents specifically were



20 faxed by you to members of the media or their



21 staffs?



22 A Any member of the media?













133

1 Q Correct.



2 MR. MILLS: Objection, relevance.



3 THE WITNESS: All of the time I was



4 at the White House?



5 MR. KLAYMAN: Yes.



6 MS. SHAPIRO: Objection to form.



7 THE WITNESS: That is a broad



8 question. You want me to start with



9 categories?



10 BY MR. KLAYMAN:



11 Q Just start with categories.



12 A The categories of information that



13 we would fax to the press or release to the



14 press?



15 Q Deliver in any manner, shape or



16 form: Fax, letters, hand delivery?



17 A The categories of information would



18 be the statement that I would make on behalf



19 of the White House that was sometimes, not



20 always, a written sentence or two, paragraph;



21 backup documents that we had released to the



22 press pertaining to the statement; newspapers













134

1 clips, clippings, published newspaper reports



2 that we would usually get from NEXIS or from



3 the newspaper pertaining to the issue that we



4 were addressing.



5 I think that is about the



6 categories of what we would make available to



7 the press.



8 Q This all came out of your office at



9 the White House, White House counsel's



10 office?



11 A You asked me what I did, and what I



12 did came out of my office.



13 Q You are aware of others delivering



14 materials to persons outside of the White



15 House concerning the controversies; correct?



16 MS. SHAPIRO: Objection to form.



17 THE WITNESS: I don't know who you



18 mean by "others" and I don't know what you



19 mean by "materials."



20 BY MR. KLAYMAN:



21 Q Other people in White House



22 counsel's office also sent materials to













135

1 persons outside of the White House concerning



2 Clinton controversies?



3 A Yes.



4 Q What other persons?



5 A That I am personally aware of?



6 Q Yes.



7 A Certainly Chess Johnson and



8 certainly Adam Goldberg, my two deputies;



9 probably Brian Smith, Lanny Breuer's deputy.



10 That is about all that I am aware of.



11 Q Tell us all of the media that these



12 materials were sent to, that you can



13 recollect?



14 MR. MILLS: Objection, relevance.



15 MS. SHAPIRO: Objection, form,



16 relevance.



17 BY MR. KLAYMAN:



18 Q Media or others?



19 A I will give you categories. I



20 don't think you want to spend the time going



21 through the individuals.



22 Q I may.













136

1 A Television broadcast news



2 organizations, radio broadcast news



3 organizations, print and newspapers news



4 organizations, and I think those would be the



5 three categories.



6 Q Did you just name all of the people



7 in the White House counsel's office that, to



8 the best of your recollection, were



9 responsible for sending materials to persons



10 outside of the White House concerning the



11 Clinton controversies?



12 A Could you repeat what you just



13 asked me?



14 Q Did you just name in the White



15 House counsel's office all of the persons who



16 participated in sending terms to persons



17 outside of the White House involving the



18 Clinton controversies?



19 A My previous answer was about the



20 news organizations. Are you asking about the



21 answer before?



22 Q Yes.













137

1 A When I mentioned the names of



2 people?



3 Q Yes.



4 A I was only telling you who I was



5 aware of who were part of my operation in



6 making available to news organizations



7 information that they requested or which we



8 wished to make available to them.



9 I don't know about others, because



10 I am only -- I was only aware of those.



11 Q You are aware that others in the



12 White House, outside of the White House



13 counsel's office, also disseminated materials



14 to persons and entities outside of the White



15 House?



16 MS. SHAPIRO: Objection to form.



17 BY MR. KLAYMAN:



18 Q You can respond.



19 A I am aware, because I read that in



20 the newspapers. I was not personally aware



21 of that while I was at the White House.



22 Q You did have contact from time to













138

1 time with Mr. Blumenthal while you worked at



2 the White House, correct?



3 A I certainly did.



4 Q What was Mr. Blumenthal's position



5 when you worked at the White House?



6 A I don't know his title.



7 Q What were his duties and



8 responsibilities, to the best of your



9 knowledge?



10 A I believe he acted as an advisor to



11 the President.



12 Q As part of his duties and



13 responsibilities, it was to interact with



14 media, correct?



15 A I am not sure that is -- I believe



16 he did that. I am not sure that those were



17 his duties and responsibilities.



18 Q You are aware that Paul Begala also



19 interacted with media during the period you



20 were with the White House?



21 A I was aware of that while I was



22 with the White House.













139

1 Q You are aware Ann Lewis interacted



2 with media?



3 A Yes.



4 Q Rahm Emanuel?



5 A Absolutely.



6 Q Others?



7 A I don't know what you mean by



8 others. I assume Mike McCurry interacted



9 with the press.



10 Q You are aware these individuals,



11 Blumenthal, Begala, Lewis, Emanuel, from time



12 to time disseminated materials from the White



13 House to persons or entities outside of the



14 White House?



15 MR. MILLS: Objection, relevance.



16 MS. SHAPIRO: Objection to form.



17 THE WITNESS: I already answered



18 that question already. But while I was at



19 the White House, I was not specifically aware



20 of their doing so. It would not surprise me



21 that they had done so.



22 BY MR. KLAYMAN:













140

1 Q Since you left the White House,



2 have there been any of the persons that I



3 just mentioned, Blumenthal, Begala, Lewis,



4 Emanuel, who have sent you materials?



5 MR. MILLS: Objection, relevancy,



6 form, compound.



7 THE WITNESS: No.



8 BY MR. KLAYMAN:



9 Q Has there been anyone at the White



10 House, other than the persons that I named



11 and who you previously named, that sent you



12 materials since you left?



13 A I forget who I previously named.



14 Q If you duplicate, we won't penalize



15 you.



16 A My specific memory is that Chess



17 Johnson, Brian Smith, and Adam Goldberg have



18 sent me materials that I have requested that



19 were publicly disclosed materials. That was



20 the specific criteria that I would use on the



21 requesting materials, only published or



22 public materials or newspaper articles from













141

1 NEXIS that were already published. Those



2 would be the three people.



3 Did I say Brian Smith?



4 Q Yes.



5 A Jim Kennedy was the other one that



6 I specifically remember. Besides that, Aurie



7 (phonetic) Anderson from the press office or



8 whoever answered the phone when I wanted a



9 transcript of the McCurry briefing.



10 Q How do you define "public



11 materials"?



12 A Something that was released to the



13 press or made available to the press.



14 Q So if a document was classified,



15 even if it was released illegally it would



16 then become public material?



17 MR. MILLS: Objection, hypothetical



18 question.



19 MS. SHAPIRO: Join the objection.



20 THE WITNESS: I don't know.



21 BY MR. KLAYMAN:



22 Q Is that your definition?













142

1 A It is not my definition. I don't



2 know.



3 Q If a document was taken from a



4 personnel file, as long as it was released to



5 the public it was then a public document?



6 MR. MILLS: Objection, hypothetical



7 question, lack of foundation.



8 THE WITNESS: Ask the question



9 again.



10 BY MR. KLAYMAN:



11 Q If a document was taken from the



12 personnel file of a White House employee or



13 past employee, if it had subsequently been



14 made public, it would then qualify as a



15 public document?



16 MS. SHAPIRO: Objection, form.



17 BY MR. KLAYMAN:



18 Q Under your definition?



19 A My definition of a public document



20 is something released to the public, made



21 available to the news media. That is as far



22 as I would go.













143

1 Q Regardless of whether it was legal



2 to do so?



3 A I certainly --



4 MR. MILLS: Consult with me,



5 please.



6 (Witness conferred with counsel)



7 THE WITNESS: As I said earlier, I



8 don't share your definition of what is legal



9 or illegal. If I knew something was illegal



10 and it was illegally shared with the press, I



11 would still call that a public document, but



12 I might come to a conclusion about its



13 legality or illegality.



14 But I am not aware of any documents



15 that I ever received that were illegally



16 released to the press.



17 BY MR. KLAYMAN:



18 Q Have you ever done any kind of



19 legal analysis, or has anyone else to the



20 best of your knowledge, as to whether the



21 release of the Kathleen Willey letters was



22 illegal?













144

1 MR. MILLS: Objection.



2 THE WITNESS: I have never done any



3 legal analysis on that, no.



4 BY MR. KLAYMAN:



5 Q Do you know of anyone else who has?



6 A I do not.



7 Q Have you ever received information



8 from the White House or any other source in



9 the Clinton administration concerning Linda



10 Tripp?



11 A Would you repeat the question?



12 Q Have you received information from



13 the White House since you left, or any other



14 source in the Clinton administration,



15 concerning Linda Tripp?



16 A Since I left the White House? I



17 might have.



18 Q Who did you receive it from?



19 MS. SHAPIRO: Objection, form.



20 THE WITNESS: I might have received



21 some press clippings concerning the Newsweek



22 story on Linda Tripp and Kathleen Willey from













145

1 someone in the White House.



2 BY MR. KLAYMAN:



3 Q Do you know who?



4 A I can't be sure.



5 Q Who did you receive it from?



6 MS. SHAPIRO: Asked and answered.



7 THE WITNESS: You just asked me



8 that.



9 BY MR. KLAYMAN:



10 Q Do you have any idea as to who you



11 may have received it from?



12 A I could guess among the four that I



13 mentioned to you, it would be one of those



14 four.



15 Q Have you ever received information



16 from any agency of the Clinton administration



17 other than the White House concerning Linda



18 Tripp?



19 A No.



20 Q Same question with regard to



21 Kathleen Willey?



22 A No.













146

1 Q Have you received information from



2 any source in the Clinton administration,



3 other than the White House with regard to any



4 other matters, since you left the White



5 House?



6 MS. SHAPIRO: Objection, form.



7 MR. KLAYMAN: You can respond.



8 THE WITNESS: Repeat the question,



9 please?



10 BY MR. KLAYMAN:



11 Q Have you received information from



12 any other agency other than the White House,



13 in the Clinton administration since you left



14 the White House employment?



15 A On any subject?



16 Q On any subject.



17 MR. MILLS: Objection to the extent



18 that it invades into Mr. Davis's private



19 legal practice.



20 MR. KLAYMAN: I am not interested



21 in his representation of actual legal



22 clients.













147

1 BY MR. KLAYMAN:



2 Q In the context of making efforts on



3 behalf of the Clinton administration or any



4 other venue?



5 A The answer is no.



6 Q When you referred to the press



7 clippings, does that include documents



8 released to the media concerning Linda Tripp?



9 MS. SHAPIRO: Objection, form,



10 vague.



11 MR. MILLS: Okay, ambiguous.



12 THE WITNESS: What is the question



13 again?



14 BY MR. KLAYMAN:



15 Q When you referred to the release of



16 press clippings, it referred in part to Linda



17 Tripp?



18 A What release of press clippings?



19 Q When the White House sent you



20 materials after you left?



21 MR. MILLS: Objection, asked and



22 answered.













148

1 THE WITNESS: The only thing I



2 specifically remember receiving about Linda



3 Tripp, but it could have been other press



4 clippings, I'm not sure, was a request for



5 the Newsweek story, I believe in July or



6 August of 1997 that first referenced what



7 Linda Tripp said about Kathleen Willey. I



8 don't think I asked for anything else, but I



9 can't be sure.



10 BY MR. KLAYMAN:



11 Q You said when you were with the



12 White House, you sent things to Michael



13 Zelden, you or people on your behalf?



14 A Yes.



15 Q What specifically was sent to



16 Michael Zelden?



17 A I think I said this before, but I



18 will be happy to say it again: Whatever we



19 had put out as a public statement or



20 documents released to the press, on the topic



21 of the day or topic of the week, that might



22 be the basis of a program that Michael was













149

1 appearing on, he would call and say what have



2 you guys said today or put out today? The



3 very same question I ask currently. I would



4 fax him the public statement that we just



5 handed out to press.



6 Q Did you ever send him what you



7 defined as public documents?



8 A Could we go off the record?



9 VIDEOGRAPHER: We are going off



10 video record at 12:24.



11 (Discussion off the record)



12 VIDEOGRAPHER: We are back on video



13 record at 12:26.



14 THE WITNESS: You were asking me



15 something about Mr. Zelden, and I forgot.



16 BY MR. KLAYMAN:



17 Q Was there anything sent to him



18 which was a public document, which was not



19 just a standard press statement for the day?



20 A In the categories that I previously



21 mentioned to you, it is possible, yes.



22 Q Was it the policy of the White













150

1 House counsel's office, when you worked



2 there, to send documents to anybody who



3 requested them?



4 A Yes.



5 Q These kind of documents?



6 A It was my policy. I can't speak



7 for others.



8 Q If somebody like Larry Klayman or



9 Ken Starr called you, you would have readily



10 sent us the same documents that you sent to



11 Mike Zelden?



12 A I think I may have sent you



13 something I am not sure. I did not



14 discriminate on basis of political views or



15 ideology or anything. Sometimes I would not



16 bother if I thought the person was somewhat



17 unbalanced, and that would be my only



18 criteria.



19 Q You don't include me in that



20 category?



21 A I do not.



22 Q You don't agree that I am a













151

1 lunatic?



2 A I do not.



3 MR. MILLS: Objection, relevance.



4 MR. KLAYMAN: I was called that



5 last night on Geraldo by the White House. I



6 was just curious.



7 MR. MILLS: Nevertheless, the



8 objection stands.



9 BY MR. KLAYMAN:



10 Q Now, what documents were sent to



11 Stan Gildenhorn?



12 A Same type of documents. He did



13 appearances -- does appearances on the same



14 subjects that I now do. He is a very close



15 personal friend of mine. I solicited his



16 help in making these appearances. I imagine



17 he was getting the same kind of material that



18 I get.



19 Q Rich Goodstein?



20 A Same answer.



21 VIDEOGRAPHER: Off video record



22 at 12:27.













152

1 (Discussion off the record)



2 VIDEOGRAPHER: We are back on video



3 record at 12:29.



4 BY MR. KLAYMAN:



5 Q With regard to all of the persons



6 that you mentioned, whether it was Zelden,



7 Goodstein, Gildenhorn, Vic Camber, members of



8 the media, members of TV shows, can you



9 remember anything specific that you sent to



10 one of them that was not sent to the others?



11 A I can't. I did mention -- I did



12 not mention Vic Camber. I don't remember



13 ever accepted go information to Vic Camber.



14 But no, I think it was a general, whatever



15 they asked for, I sent.



16 Q After you left the White House,



17 have you ever sent materials to anyone or any



18 person or entity that does commentary



19 favorable to the Clinton administration?



20 MR. MILLS: Objection, relevance.



21 BY MR. KLAYMAN:



22 Q You can respond.













153

1 A Since I left the White House?



2 Q Yes.



3 A I may have.



4 Q Who?



5 A I think I may have sent -- I



6 actually can't remember that I ever did.



7 Q Any feeling perhaps you sent



8 materials to Mike Zelden?



9 A I don't remember. I don't think



10 so.



11 Q During the period you worked in the



12 White House?



13 A Excuse me, Stan Gildenhorn I think



14 I faxed some newspaper clips or something,



15 maybe.



16 Q During the period you worked at the



17 White House, did you keep the phone numbers



18 of these individuals, or did anyone else in



19 the White House counsel's office?



20 MS. SHAPIRO: Objection, vague,



21 compound.



22 BY MR. KLAYMAN:













154

1 Q Zelden, Goodstein, Gildenhorn?



2 A I have phone numbers in my little



3 pocket computer for all of those people, yes.



4 Q Did others in the White House



5 counsel's office keep the numbers of those



6 individuals?



7 MS. SHAPIRO: Objection to form,



8 relevancy.



9 THE WITNESS: I wouldn't know.



10 BY MR. KLAYMAN:



11 Q Does the White House press office



12 keep a list of persons who frequently give



13 commentary favorable to the Clinton



14 administration?



15 MR. MILLS: Objection, relevance.



16 THE WITNESS: I have no idea.



17 BY MR. KLAYMAN:



18 Q During the period you were in the



19 White House, did you ever send materials to



20 the Democratic National Committee?



21 A I can't recall. I don't think so.



22 Q Did the Democratic national













155

1 Committee ever send materials to you during



2 the period you were in the White House?



3 A Yes.



4 Q What did they send to you?



5 A I would sometimes get copies of



6 their daily talking points during the



7 campaign finance hearings. They put out a --



8 some kind of a bulletin or newsletter type of



9 thing at the end of everyday during the



10 campaign finance hearings. I remember



11 getting those regularly. I think I was on



12 their fax list.



13 Q Do you know whether they have sent



14 materials to anyone else in the White House



15 while you were there, they meaning the DNC?



16 MR. MILLS: Objection, relevance.



17 THE WITNESS: I can't tell you for



18 sure. It wouldn't surprise me if they had.



19 BY MR. KLAYMAN:



20 Q In and around the time that the



21 Kathleen Willey letters were released, are



22 you aware of anyone who had discussions in













156

1 the White House or outside of the White House



2 concerning release of those letters?



3 A Repeat the question, please?



4 Q During the period in and around the



5 time Kathleen Willey's letters were released



6 to the media, do you know if anyone either



7 inside the White House or outside of the



8 White House had discussed whether or not



9 those letters should be released?



10 MS. SHAPIRO: Objection, form.



11 THE WITNESS: I was not aware of



12 the discussions on that topic, no.



13 BY MR. KLAYMAN:



14 Q Did you ever have discussions with



15 Carville about that?



16 A No.



17 Q Do you know of anyone who did?



18 A No.



19 Q Are you aware that the President



20 had a discussion with him about releasing



21 those letters?



22 MR. MILLS: Objection, assumes













157

1 facts not in evidence.



2 THE WITNESS: I remember reading



3 that in the newspaper, I think. That was the



4 occasion, that whether they should respond to



5 her Sixty Minutes performance. I think I



6 read in the newspaper that Mr. Carville said



7 he talked to the President about that.



8 BY MR. KLAYMAN:



9 Q Have you or anyone else ever had



10 discussions about the release of information



11 contained in Linda Tripp's Pentagon file?



12 A Repeat the question.



13 Q Have you or anyone else ever had



14 discussions about the release of information



15 in Linda Tripp's Pentagon file?



16 MS. SHAPIRO: Objection, form.



17 THE WITNESS: About published



18 reports about that, yes.



19 BY MR. KLAYMAN:



20 Q Who did you have discussions with



21 about that?



22 A Jim Kennedy, Lanny Breuer, that is













158

1 all, I think that is about all.



2 Q The discussions occurred after you



3 left the White House?



4 A As I just said, after the published



5 reports about the episode, which would have



6 been after I left the White House.



7 Q What was discussed with



8 Mr. Kennedy?



9 A Do we have any information about



10 whether the White House was aware of the



11 decision to release the information to Jane



12 Mayer, is one of the questions I asked



13 Kennedy.



14 Q He called you or you called him?



15 A I called him.



16 Q Did you have any meetings where



17 this was discussed?



18 A I was about to go on a television



19 program and I called him and said have you



20 released anything to the press in answer to



21 the question which I am going to be asked



22 tonight: Did the White House know or













159

1 influence the decision to release information



2 to Ms. Mayer? His answer was no.



3 Q Did he say anything else?



4 A What are you guys putting out on



5 this? I asked him. Have you put anything



6 out on this? He said that he was answering



7 press inquiries, that what the White House



8 had no knowledge of or involvement with the



9 decision to release that information, and



10 then that I could say that safely on a



11 television program because that is what the



12 press was being told.



13 Q Did you ask Mr. Kennedy how he came



14 to know that the White House had no



15 involvement in the release of Tripp's



16 information from the Pentagon?



17 A No.



18 Q You didn't want to know?



19 MR. MILLS: Objection, no



20 foundation.



21 MS. SHAPIRO: Form, objection to



22 form.













160

1 THE WITNESS: I think I would have



2 wanted to know, but I didn't think of asking.



3 I was in his position. I know how you sort



4 of get to find things out in the White House.



5 BY MR. KLAYMAN:



6 Q How is that? How do you get to



7 find out things in the White House?



8 MR. MILLS: Objection, relevance.



9 MS. SHAPIRO: Objection, form.



10 THE WITNESS: I would go to



11 Mr. Breuer and ask him the question I was



12 being asked by the press. Mr. Breuer would



13 then get me the answer.



14 BY MR. KLAYMAN:



15 Q Did you frequently know how he



16 would get the answer?



17 A Yes.



18 Q How was that?



19 A He would assign one of his



20 attorneys on the investigation team to ask



21 the individuals who might have the



22 information that I would need to know to













161

1 answer a press inquiry.



2 Q Did you then find out who that



3 attorney, that was assigned, spoke with



4 before he would get the information?



5 A Not always.



6 Q Sometimes?



7 A Sometimes.



8 Q Did you ever ask for proof that



9 what you were being told was true?



10 A Yes.



11 MR. MILLS: Objection, relevance.



12 BY MR. KLAYMAN:



13 Q You did?



14 A Yes.



15 Q What kind of proof?



16 A If I felt any uncertainty, or it



17 was very important to me because I thought



18 the story was a major story and was worth it,



19 I would ask to see the underlying documents



20 and sometimes I would talk to -- ask to speak



21 to the individuals involved.



22 Q In this instance with Ms. Tripp,













162

1 you didn't ask for any underlying documents



2 to prove the White House had no involvement?



3 MR. MILLS: Objection, ambiguous,



4 this instance.



5 BY MR. KLAYMAN:



6 Q The discussion with Mr. Kennedy?



7 A No, I was no longer at the White



8 House. I didn't ask that question.



9 Q Your discussion with Lanny Breuer



10 about the release of the Tripp information



11 from the Pentagon, who called who?



12 MS. SHAPIRO: Objection,



13 foundation, form.



14 THE WITNESS: I don't know if I



15 said I specifically remember talking to



16 Breuer. Did I say that?



17 BY MR. KLAYMAN:



18 Q Yes, you did.



19 A I know I talked to Kennedy and I



20 think I asked Breuer the same question I



21 asked Kennedy.



22 Q What did Breuer tell you?













163

1 A The same answer.



2 Q So basically you just got a denial,



3 you didn't get any underlying facts?



4 A Correct.



5 Q You didn't ask for the underlying



6 facts?



7 A I did not.



8 Q Why did you call those two



9 individuals concerning this issue?



10 A I was trying to prepare for the



11 television program that I was supposed to be



12 on and I wanted to get the public facts that



13 the White House had released to the press on



14 the subject, or the statements that they were



15 making to the press on that subject, so that



16 I could be accurate.



17 Q We can take lunch break at this



18 time. Take an hour?



19 VIDEOGRAPHER: We are going off



20 video record at 12:39.



21 (Whereupon, at 12:39 p.m., a



22 luncheon recess was taken.)













164

1 A F T E R N O O N S E S S I O N



2 (1:45 p.m.)



3 Whereupon,



4 LANNY J. DAVIS



5 was recalled as a witness and, having been



6 previously duly sworn, was examined and



7 testified further as follows:



8 VIDEOGRAPHER: We are back on video



9 record at 1:45 p.m.



10 BY MR. KLAYMAN:



11 Q Mr. Davis, you are still under oath



12 here?



13 A Yes.



14 Q During the period that you worked



15 in the White House, tell me what contact, if



16 any, you had with James Carville?



17 A I think you asked me that once



18 before, and I believe I answered. I will



19 answer now again, I think I talked to him



20 once or twice on the telephone.



21 Q What did you talk to him about?



22 A I think I previously said, and I













165

1 will answer again, that I talked to him about



2 the current issue involving campaign finance,



3 that was the issue of the week or day. I



4 forget what the issue was.



5 Q Did you send him any documents?



6 A I can't remember, but I am pretty



7 sure I didn't.



8 Q Do you know of anyone who did?



9 A I am not aware of anyone who did.



10 Q During the period that you were at



11 the White House, did you ever have an



12 opportunity to speak with George



13 Stephanopoulos?



14 A Yes.



15 Q Was he still working at the White



16 House during some of the time that you were



17 there?



18 A A small portion of the time.



19 Q Let's talk about that time first.



20 What did you talk to him about during that



21 period?



22 MS. SHAPIRO: Object. I think you













166

1 can try to establish the general subject



2 matter of the conversation, but otherwise we



3 are going to instruct him not to testify as



4 to substance.



5 BY MR. KLAYMAN:



6 Q All of your conversations in the



7 White House are not covered by



8 attorney-client privilege, are they, when you



9 are there?



10 A I will have to rely on attorney



11 advice.



12 MS. SHAPIRO: Objection.



13 BY MR. KLAYMAN:



14 Q Is it your position that if you ask



15 for a hamburger in the White House mess, that



16 that is covered by attorney-client privilege?



17 MS. SHAPIRO: Objection. Calls for



18 a legal conclusion.



19 MR. KLAYMAN: He is a lawyer.



20 MS. SHAPIRO: He is not defending



21 the deposition. I will make the privilege



22 calls, not him.













167

1 MR. KLAYMAN: I'm very impressed,



2 but I am asking him the question.



3 MR. MILLS: Objection, hypothetical



4 question. It calls for a legal conclusion.



5 I join in the government's objection.



6 BY MR. KLAYMAN:



7 Q Would you respond?



8 A Would you repeat the question?



9 Q Is it your position that anything



10 you ever said in the White House was covered



11 by an attorney-client privilege?



12 A No.



13 Q What types of communications, in



14 your opinion, were not covered by an



15 attorney-client privilege?



16 A Social conversations.



17 MS. SHAPIRO: Objection.



18 BY MR. KLAYMAN:



19 Q How do you define the



20 attorney-client privilege, based on your



21 experience?



22 MR. MILLS: Objection, calls for













168

1 legal conclusion.



2 MS. SHAPIRO: Join the objection.



3 THE WITNESS: How do I personally



4 define it based on my experience, is that



5 your question?



6 BY MR. KLAYMAN:



7 Q Yes.



8 A When I am advising a client on



9 matters of law.



10 Q Did you ever have any conversations



11 with Mr. Stephanopoulos on matters other than



12 advising him on matters of law, while he was



13 at the White House?



14 A Yes.



15 Q What did you discuss?



16 MS. SHAPIRO: I still object. I



17 didn't assert attorney-client privilege



18 before. I objected to him testifying to the



19 substance of the conversation.



20 You could ask the general subject



21 matter so you could identify whether the



22 privilege is appropriate.













169

1 MR. KLAYMAN: You can't cut him off



2 on grounds of relevancy. We've been through



3 that with the court many times.



4 MS. SHAPIRO: I asserted privilege.



5 MR. KLAYMAN: What privilege are



6 you asserting?



7 MS. SHAPIRO: Presidential



8 communication potentially. You need to



9 identify what the subjects are about.



10 MR. KLAYMAN: That's all I'm asking



11 him to do is identify the subject and we will



12 take it from there.



13 MS. SHAPIRO: That was not the



14 question on the table. Ask him that



15 question.



16 BY MR. KLAYMAN:



17 Q What did you talk to him about?



18 That is the subject.



19 A What subject did I talk to him



20 about?



21 MS. SHAPIRO: You can answer the



22 general subject matter, not the specifics of













170

1 the conversation.



2 THE WITNESS: The general subject



3 that I talked to him about was campaign



4 finance issues.



5 BY MR. KLAYMAN:



6 Q Did you discuss with him the



7 release of information from the White House



8 about campaign finance issues?



9 MS. SHAPIRO: You can answer that



10 specific question, but nothing else with



11 respect to conversations.



12 MR. KLAYMAN: You know, you are



13 messing up my questions. The question is



14 pending. Obviously that is all he answers.



15 He is an experienced litigator. You have to



16 gum up the record with those type of



17 objections.



18 MS. SHAPIRO: I am entitled to a



19 certain objection and I need to assert



20 privilege.



21 THE WITNESS: You need to repeat



22 the question.













171

1 MR. KLAYMAN: Read it back. This



2 is what happens when you make those kind of



3 nonsensical objections.



4 (The reporter read the record as



5 requested.)



6 THE WITNESS: I can't remember what



7 I specifically talked to him about. I can



8 remember the general subject area was I was



9 pretty new at the White House and I talked to



10 him about the overall campaign finance issue.



11 BY MR. KLAYMAN:



12 Q At what period of time do you



13 remember George Stephanopoulos left the White



14 House?



15 A I was trying to remember when you



16 asked me earlier. I remember him being there



17 while I was there, I remember it was only a



18 short period of time. It certainly was in



19 December, maybe into January. I can't



20 remember.



21 Q Since he left the White House



22 during the period that you were at the White













172

1 House, did you have any discussions with



2 Mr. Stephanopoulos?



3 A Once in awhile.



4 Q About how many times?



5 A Half a dozen.



6 Q Did you ever meet with him during



7 that period?



8 A I think I passed him in the hallway



9 once in the White House and that was all. I



10 never had a formal meeting with him, or



11 informal meeting with him, other than that



12 occasion.



13 Q What were the general subject



14 matters of the conversations you had with



15 Mr. Stephanopoulos after he left the White



16 House?



17 A They were always about a specific



18 issue relating to campaign finance that had



19 been in the newspapers, that was current. I



20 think quite similar to what I would do when I



21 was ready to go on television, he would call



22 me up and say what has the White House put













173

1 out? What can you tell me that you have told



2 the press?



3 Q Of course he asked you to send to



4 him what the White House put out.



5 MR. MILLS: Objection, assumes fact



6 not in evidence, no foundation. Objection on



7 relevance, not relevant to the subject matter



8 of this litigation.



9 MR. KLAYMAN: I will give you a



10 running objection to this. You can respond.



11 THE WITNESS: Did I send him



12 anything? I don't think I did. I am pretty



13 sure I did not.



14 BY MR. KLAYMAN:



15 Q During the period you were in the



16 White House, did you send any information to



17 Salon magazine?



18 A No.



19 Q Or persons associated with Salon,



20 such as John Broder, Mary Wass, Joe Connison,



21 Jean Lyons?



22 MR. MILLS: Objection, compound.













174

1 BY MR. KLAYMAN:



2 Q You can respond.



3 MR. MILLS: Relevancy.



4 THE WITNESS: You say associated



5 with Salon magazine?



6 BY MR. KLAYMAN:



7 Q Persons that write for Salon?



8 A Mr. Connison I sent some material



9 to, but I didn't know he was associated with



10 Salon magazine at the time.



11 Q You thought he was associated with



12 the New York Observer at the time?



13 A Correct, I faxed material to the



14 New York Observer.



15 Q What did you send to Mr. Connison?



16 A I was expecting that. I am trying



17 to remember. It was pretty shortly before I



18 left. Let me think for a second. It is on



19 the tip of my tongue.



20 I may remember it if you jog my



21 memory, but I can't remember. It was some



22 piece he was working on and he asked me to













175

1 send him some of the statements I had made or



2 some of the press comments we had offered up



3 on the subject. But I really forget the



4 subject.



5 Q Did he ask you to send any



6 documents, other than press statements?



7 A No. Usually I would get: What



8 have you guys been saying about? He called



9 me about that. I remember faxing him some



10 material, but I don't remember what it was



11 about.



12 Q Do you remember the subject matter



13 of his piece, what it was about?



14 A It might hit me. It is real close,



15 but I am just not there.



16 Q Did it relate to campaign finance?



17 A I think so. It may have related to



18 the independent counsel issue, whether



19 independent counsel should be appointed or



20 not. I am guessing.



21 Q Did you play any role in



22 recommending Janet Reno for the job of













176

1 attorney general?



2 MR. MILLS: Objection, relevance.



3 MS. SHAPIRO: Attorney objection,



4 objection to form also.



5 THE WITNESS: Repeat the question.



6 BY MR. KLAYMAN:



7 Q Did you play any role in



8 recommending Janet Reno for the job of



9 attorney general in the Clinton



10 administration?



11 A I don't think recommend would be



12 accurate.



13 Q What would be a better phrase?



14 A I was a chief of the vetting team



15 that was put together to look into her



16 background. I made a report about the



17 results of our investigation.



18 Q Do you know of anyone, excluding



19 yourself, that sent information to Salon



20 magazine or persons who write for Salon



21 magazine while you were at the White House?



22 MR. MILLS: Objection, relevance.













177

1 THE WITNESS: Who sent information?



2 BY MR. KLAYMAN:



3 Q Yes.



4 A Not that I am aware of. Not that I



5 am certain about, anyway.



6 Q Did you ever send any documentation



7 to New York Magazine while you were at the



8 White House?



9 A New York Magazine? I don't believe



10 so.



11 Q The New Yorker?



12 A The New Yorker? If Peter Boyer --



13 my best recollection is that Peter Boyer of



14 the New Yorker was working on a story, I



15 believe, about the Lums, and I may have sent



16 Peter Boyer some information about what we



17 had put out about a business week story



18 concerning the Lums.



19 Q Did you send him any underlying



20 documentation?



21 A No, I did not.



22 Q Do you know of anyone who did?













178

1 A No.



2 Q Do you know a Jane Mayer?



3 A Yes.



4 Q Reporter with The New Yorker?



5 A Yes.



6 Q When did you first meet Jane Mayer?



7 A Sometime in the middle of my tenure



8 at the White House.



9 Q How did you come to meet her?



10 A She called me, asked me some



11 questions, I believe, on one of the campaign



12 finance stories. We talked, exchanged



13 pleasantries. She said would you ever like



14 to have lunch? I said absolutely, and we had



15 lunch a couple of times.



16 Q When, approximately, did you have



17 these conversations, the initial



18 conversations?



19 A I am guessing like the middle point



20 of my tenure. So that would be probably the



21 summer of '97, somewhere in there.



22 Q Did you discuss anything of













179

1 substance with her during that telephone



2 call?



3 A I don't know what you mean by of



4 substance.



5 Q Did you discuss anything about the



6 campaign finance scandal or other Clinton



7 controversies?



8 MR. MILLS: Objection, ambiguous.



9 You used the word cancel.



10 BY MR. KLAYMAN:



11 Q I am sorry, controversy.



12 A I think she called me about one of



13 the stories that was current for that week or



14 that month, whatever triggered it was



15 something that was current, yes. I don't



16 remember specifically what she was calling



17 about. The subject matter would have been



18 the campaign finance.



19 Q When you had lunch with her on a



20 couple of occasions, what did you discuss



21 with her?



22 MR. MILLS: Objection, relevance.













180

1 THE WITNESS: We talked about the



2 handling of the campaign finance story, the



3 strategy that I was following. So it was



4 more a tactical strategy issue that she was



5 interested in than it was substantive, the



6 stories themselves.



7 BY MR. KLAYMAN:



8 Q Did you ever send any materials to



9 Ms. Mayer while you were at the White House?



10 A I am pretty sure I never did.



11 Q Do you know of anyone who ever did?



12 A I don't know of anyone who did.



13 Q Based on your experience at the



14 White House, Jane Mayer is thought of as a



15 friend of the Clinton administration at the



16 White House?



17 MS. SHAPIRO: Objection, relevancy,



18 vague, form.



19 THE WITNESS: I don't know what the



20 general perception is of Jane Mayer by other



21 people.



22 BY MR. KLAYMAN:













181

1 Q You never became aware of that?



2 A No.



3 Q You are aware she is a friend of



4 Sidney Blumenthal, are you not?



5 A I wasn't aware of that.



6 Q Did you attend a reception at the



7 White House in the last few weeks for Mandy



8 Grunwald?



9 A No, was there a reception for Mandy



10 Grunwald? Why was I not invited?



11 Q Want to retain me we can find out?



12 THE WITNESS: No, I did not.



13 (Witness conferred with counsel)



14 BY MR. KLAYMAN:



15 Q Have you read reports that Miss



16 Mayer attended that reception?



17 A No.



18 Q Based upon your experience of



19 working in the White House, are there certain



20 reporters that are considered to be adverse



21 to administration in the media?



22 MR. MILLS: Objection, vague.













182

1 MS. SHAPIRO: Objection, form,



2 relevancy.



3 BY MR. KLAYMAN:



4 Q You may answer.



5 A Not in my judgment.



6 Q Sue Schmidt of The Washington Post?



7 MS. SHAPIRO: Objection form.



8 THE WITNESS: I don't believe she



9 has a particular hostility to the White



10 House.



11 BY MR. KLAYMAN:



12 Q You don't, but is it the opinion of



13 those at the White House that she does based



14 on your experience?



15 MS. SHAPIRO: Objection.



16 MR. MILLS: Objection.



17 THE WITNESS: I read newspaper



18 reports that there are people who believe



19 that she is somewhat hostile to the White



20 House, yes.



21 BY MR. KLAYMAN:



22 Q Were you privy to any













183

1 conversations, when you were at the White



2 House, where Miss Schmidt was being



3 criticized for her report?



4 MR. MILLS: Objection, privilege



5 objection.



6 MS. SHAPIRO: Join.



7 BY MR. KLAYMAN:



8 Q You may respond.



9 A Yes.



10 Q Who took part in those



11 conversations?



12 A I can't remember specifically who



13 took part. I can tell you generally that if



14 there were a newspaper article published in



15 the newspaper by a reporter that we thought



16 was inaccurate or unfair, we would talk about



17 it and there were occasions I, as well as



18 others, thought that Ms. Schmidt wrote an



19 unfair or inaccurate article. That would be



20 very specific and not a generalized



21 impression of her.



22 Q Were you aware of any attempts to













184

1 complain about Ms. Schmidt while you were at



2 the White House?



3 A Any attempts?



4 Q Any efforts to gather information



5 to use to criticize Ms. Schmidt?



6 A I was asked about that by



7 Ms. Schmidt several times, and I didn't know



8 the answer to that until much later.



9 Q When did you learn the answer?



10 A When I read the book recently.



11 Q What book did you read?



12 A It is called Spin Cycle. I read



13 the narration there, and I think I learned



14 for the first time some of the background of



15 that story.



16 Q Do you have any independent



17 knowledge of that story?



18 A No.



19 Q Do you know of anyone who does



20 other than through the Spin Cycle?



21 A Other than through reading the



22 book, no.













185

1 Q When you were at the White House,



2 did you ever see Miss Mayer visit anyone



3 there?



4 MS. SHAPIRO: Objection, lacks



5 foundation, form.



6 BY MR. KLAYMAN:



7 Q You can respond.



8 A No.



9 Q Are you aware of her ever having



10 visited the White House?



11 A No.



12 Q During the time that you were at



13 the White House, did you ever discuss Judge



14 Kenneth Starr?



15 A Yes.



16 Q Who did you discuss Judge Starr



17 with?



18 A Regularly, with the -- when there



19 would be something in the news pertaining to



20 Mr. Starr, I would have regular discussions



21 with my normal team of people pertaining to



22 responding to press inquiries concerning our













186

1 response to what Mr. Starr was doing.



2 Q Who were those regular people?



3 A I think I previously mentioned them



4 to you, I will be happy to do it again.



5 Q Yes, let's just identify them here.



6 A That is fine. Mr. Breuer,



7 Mr. Ruff, Adam Goldberg and Chess Johnson and



8 sometimes Cheryl Mills.



9 Q Anyone else?



10 A Sometimes Mike Peckuri.



11 Q Anyone else?



12 A There must have been others, but



13 those are the ones that I remember.



14 Q During the time that you were at



15 the White House, did you ever have any



16 professional doling with Sally Paxton?



17 A Yes.



18 Q In what context?



19 MS. SHAPIRO: Objection, relevancy.



20 THE WITNESS: Outside of social?



21 BY MR. KLAYMAN:



22 Q I don't want social, just













187

1 professional.



2 A When I was asked questions about a



3 subject area called the WHODB senate stories,



4 I was told early on in my tenure that



5 Ms. Paxton was the lawyer responsible for



6 answering that story and I would refer the



7 questions over to her and she would work with



8 another person in the press office to respond



9 to the press inquiries.



10 Q When you worked at the White House,



11 was there someone who was assigned to press



12 inquiries on each subject that was in the



13 public domain?



14 A I believe the answer to that is



15 yes, but I am not sure, because I was not



16 intimately familiar with the press system. I



17 knew that there were certain subjects I was



18 responsible for handling. If I would get a



19 question about something outside of those



20 subjects, I would either refer it over to the



21 press office or seek guidance from Mr. Breuer



22 as to whether I should respond.













188

1 Q Did you ever make any public



2 statements with regard to WHODB?



3 A I don't believe I did. I think I



4 referred those statements to somebody in the



5 press office who was responsible for speaking



6 for that issue.



7 Q Did you ever discuss WHODB in the



8 context of Filegate?



9 MS. SHAPIRO: Objection, form.



10 BY MR. KLAYMAN:



11 Q With anyone?



12 A Explain to me what you mean by in



13 the context of Filegate. That is a vague



14 expression.



15 Q Did you ever have any discussion



16 whether the WHODB computer was used to house



17 information from FBI files?



18 A I never had a discussion about



19 that.



20 Q Do you know of anyone who has?



21 A No.



22 Q Did you ever have a discussion with













189

1 anyone as to how WHODB was used for political



2 purposes?



3 MR. MILLS: Objection, lack of



4 foundation.



5 BY MR. KLAYMAN:



6 Q You can respond.



7 A Did I ever have a discussion with



8 anyone as to whether WHODB was used for



9 political purposes? I believe I did.



10 Q Who did you have that discussion



11 with?



12 A I think I may have talked to



13 Ms. Paxton about that once or twice, and



14 Mr. Toiv about it, certainly more than once



15 or twice.



16 Q Would you ever make any public



17 statements to the media about whether or not



18 WHODB was used for political purposes?



19 MR. MILLS: Objection, vague.



20 Political purposes.



21 THE WITNESS: I remember a couple



22 of occasions when Mr. Toiv was not around,













190

1 either ill or on vacation, where I had to



2 respond on behalf of the White House on the



3 WHODB issue.



4 I think I remember actually doing



5 so and then turning it right back over to



6 Mr. Toiv for the follow up. So I think there



7 is a possibility I did.



8 BY MR. KLAYMAN:



9 Q Who was Mr. Toiv's? What was his



10 position at the time?



11 A I believe he was either a deputy



12 White House press secretary or one of the



13 assistants to Mr. McCurry.



14 Q But, bottom line is, if the press



15 secretary needed information on WHODB, it was



16 your understanding that that press secretary



17 should go to Ms. Paxton?



18 MR. MILLS: Objection, assumes



19 facts not in evidence.



20 BY MR. KLAYMAN:



21 Q You can respond.



22 A It was my understanding that













191

1 Ms. Paxton was the attorney responsible for



2 handling the WHODB issue. I don't know -- I



3 can't answer the specific question you just



4 asked me, though.



5 Q Were there any other attorneys



6 responsible for handling the WHODB issue?



7 A That is what I don't know. I am



8 not aware of any others, but I can't tell you



9 there weren't any others.



10 Q What other issues, if any, was



11 Ms. Paxton responsible for handling when you



12 were at the White House?



13 MR. MILLS: Objection, relevance.



14 MS. SHAPIRO: Join the objection.



15 BY MR. KLAYMAN:



16 Q You can respond.



17 A I believe when this lawsuit was



18 filed, that Ms. Paxton was assigned the



19 responsibility of monitoring or being



20 involved in the legal aspects of it.



21 Q Anything else?



22 A When I first arrived at the White













192

1 House and I met Ms. Paxton, I believe she was



2 still involved with Mr. Breuer's predecessor,



3 James Sherburne and some of the Whitewater



4 issues.



5 Q Anything else?



6 A I can't think of anything else.



7 Q Did you ever go to Ms. Paxton with



8 regard to this lawsuit, Alexander versus FBI



9 when you were at the White House?



10 MR. MILLS: Objection, intrudes on



11 attorney-client privilege.



12 MR. KLAYMAN: I am not asking what



13 was the underlying discussion.



14 BY MR. KLAYMAN:



15 Q I am asking did you ever consult



16 with Ms. Paxton concerning this particular



17 lawsuit you are here on today?



18 A Did you say when I was at the White



19 House?



20 Q Yes.



21 A No, I did not.



22 Q Did you ever seek any consultation













193

1 with her to be able to comment on issues



2 related to Filegate?



3 A No, I did not.



4 Q Did you go to anyone in the White



5 House to get information on Filegate while



6 you were there?



7 MS. SHAPIRO: Objection, lacks



8 foundation, mischaracterizes.



9 THE WITNESS: I don't believe I



10 did.



11 BY MR. KLAYMAN:



12 Q You are not sure?



13 MR. MILLS: Consult with the



14 witness.



15 (Witness conferred with counsel)



16 THE WITNESS: I can't be certain of



17 never talking to anybody about any subject in



18 the White House. Anything could come up. I



19 wouldn't remember it.



20 But to the best of my recollection,



21 I never talked to anyone about this file



22 issue which occurred before my time and was













194

1 not on my plate in terms of my



2 responsibilities.



3 BY MR. KLAYMAN:



4 Q Now, with regard to Ken Starr,



5 during the period that you were at the White



6 House, was there an effort in the White House



7 counsel's office or any other office to clip



8 press articles about Judge Ken Starr?



9 MS. SHAPIRO: Objection, form.



10 MR. MILLS: Objection, relevance.



11 THE WITNESS: I don't know the



12 answer to that. Not that I was aware of. I



13 know what I did myself, but I am not aware



14 ever what others.



15 BY MR. KLAYMAN:



16 Q What did you do yourself?



17 A My common practice for everything



18 was to follow a story that was being written



19 that I might have to comment on. By follow,



20 I mean I would tear out from the White House



21 press clips that I would get every morning



22 any story that related to a story that I













195

1 might be working on, so in case I got a



2 question there would be an easy way to look



3 for some recent press clips about it.



4 I didn't have a secretary. I had



5 to do all of this myself.



6 I believe that is what I did about



7 Mr. Starr. Whenever there was a story that I



8 might be involved in commenting upon, or



9 responsible for.



10 Q You would clip that story?



11 A I would tear out a newspaper



12 article that I read that might pertain to



13 something that was current about Mr. Starr,



14 that I might be required to comment on, and I



15 would put it in the folder with his name on



16 it.



17 Q In that folder, you would also put



18 other documents that might relate to



19 Mr. Starr, anything related to him?



20 MR. MILLS: Objection, no



21 foundation.



22 MR. KLAYMAN: You may respond.













196

1 MR. MILLS: Assumes facts not in



2 evidence. Mr. Klayman, will you allow me to



3 get my objection on the record, before you



4 say tell the witness he may respond.



5 BY MR. KLAYMAN:



6 Q You may respond.



7 A My recollection is that I was



8 fairly eclectic in my judgments as to what to



9 put in the file because I was on my own



10 without a secretary. I tried to be



11 selective.



12 What I would generally throw in



13 there would be anything that we were working



14 on that had lead to a story. It might be in,



15 in the case of Mr. Starr, it might be a



16 newspaper clip. It might have been a comment



17 that I made that was published in a newspaper



18 article. It might have been a statement that



19 Mr. Ruff made about Mr. Starr. That is about



20 all I can remember.



21 Q So anything that was relevant, you



22 put in that folder?













197

1 MR. MILLS: Objection,



2 mischaracterizes testimony.



3 THE WITNESS: Relevance would be a



4 little bit too broad a term.



5 BY MR. KLAYMAN:



6 Q Anything that you might need to use



7 at some point?



8 A That is closer to it, that I might



9 need to refer to, if I were asked about the



10 particular story that I was concerned about.



11 I followed stories that were written,



12 newspaper stories, circulars. Some newspaper



13 story about Mr. Starr, my decision to throw



14 it into the file would relate to that



15 particular story.



16 Q As part of your duties and



17 responsibilities in covering the campaign



18 finance scandal, you kept a similar file



19 concerning Senator Thompson's hearings?



20 A Yes.



21 MS. SHAPIRO: Objection, form.



22 BY MR. KLAYMAN:













198

1 Q You kept a file labeled Senator



2 Thompson?



3 MR. MILLS: Objection, assumes



4 facts not in evidence. Leading.



5 BY MR. KLAYMAN:



6 Q You can respond.



7 A I think it was labeled Thompson



8 committee or committee hearings, one of those



9 two. I was not concerned about Senator



10 Thompson personally, at all, just the



11 Committee hearings.



12 Q In that file, you would put



13 materials related to those hearings?



14 A Correct.



15 Q In that file, you would put



16 materials related to the Senators that sat on



17 that committee?



18 MR. MILLS: Objection, vague,



19 immaterial, undefined.



20 THE WITNESS: To go to the word



21 materials again, I am talking about press



22 clippings, public statements. In this case













199

1 it might have been committee transcripts from



2 the days, from the hearings that were



3 published on the Internet. I would often



4 file some portion of the hearings that I



5 might need to refer to that were in the



6 Internet transcripts.



7 But no, I never kept specific



8 individuals Senator files. It was all



9 focused on particular stories written about



10 the hearings.



11 BY MR. KLAYMAN:



12 Q But you knew that if you needed



13 something with regard to Senator Thompson's



14 role in those hearings, that is the file you



15 would go to?



16 MR. MILLS: Objection, leading,



17 misstates the testimony.



18 BY MR. KLAYMAN:



19 Q You can respond.



20 A With about his role?



21 Q Yes.



22 A No, I don't think I never had













200

1 anything like that. But if I were looking



2 for stories that mention Senator Thompson as



3 chairmanship of that committee, it would be



4 in that area, yes.



5 Q You kept a similar file for



6 Congressman Burton?



7 A In exactly the same -- Burton



8 committee/hearings, something like that, yes.



9 MR. MILLS: Objection, vague with



10 respect to the word "file." I believe that



11 mischaracterizes his testimony.



12 MR. KLAYMAN: Don't do that again



13 or we are going to the court. Certify it.



14 MR. MILLS: I am entitled to put my



15 objections on the record, Mr. Klayman.



16 MR. KLAYMAN: You are not entitled



17 to make speaking objections and you are being



18 cautioned, Mr. Mills.



19 MR. MILLS: I am entitled to put on



20 the record the basis of the objections, and



21 to the extent something is vague or ambiguous



22 in your question I am entitled to identify













201

1 that portion of your question as vague or



2 ambiguous and those that forms the foundation



3 for the basis of my objection. That is the



4 rules.



5 MR. KLAYMAN: That is not the



6 rules. You just pushed me over the edge. We



7 will be moving for sanctions.



8 MR. MILLS: Do what you feel you



9 must do, Mr. Klayman, and if we determine



10 that your motion for sanctions is not well



11 taken, we will similarly move for --



12 MR. KLAYMAN: It will be against



13 you, not Mr. Davis.



14 THE WITNESS: What is your



15 question?



16 BY MR. KLAYMAN:



17 Q Where were these two folders or



18 files, whatever you wanted to call them,



19 kept? These three, Starr, Thompson



20 committee, Burton committee, where were they



21 kept?



22 A I had two places where I kept the













202

1 filings. The current ones which would be



2 month-old stories, right by my files. The



3 rest of the files was in a small file cabinet



4 against the wall.



5 Q What type of a file cabinet is



6 that?



7 A A little gray government stocked



8 file cabinet. Two cabinets high.



9 Q Did anyone help you do the filing?



10 A For most of my tenure at the White



11 House, no. I started to get some help in



12 about the summertime of 1997 from summer



13 interns and then I continued to have interns



14 through the fall and through the end of my



15 tenure.



16 Q Who were some of the interns?



17 A I really forget their names. They



18 were young people of college age who were in



19 the intern program. I am embarrassed to say



20 I can't remember their names. I can remember



21 their first names.



22 Q Now, during the time that you were













203

1 at the White House, these files were kept, or



2 folders, whatever you want to call them, on



3 Kenneth Starr, Thompson committee, Burton



4 Committee? We are just using it by way of



5 example.



6 A Generic subject area would be



7 Mr. Starr and the independent counsel's



8 office activities. I did not keep any file



9 directed at Mr. Starr personally.



10 Q But you did, sometimes, take



11 materials out of those files and send them to



12 people outside of the White House, did you



13 not?



14 A Which files?



15 Q The file concerning Starr?



16 A Did I ever --



17 Q Let him answer the question, it is



18 a simple question.



19 MR. MILLS: I am going to consult



20 with the witness.



21 MR. KLAYMAN: It is a simple



22 question, I object.













204

1 THE WITNESS: Would you repeat the



2 question?



3 BY MR. KLAYMAN:



4 Q You did sometimes take materials



5 from those files or folders, whatever you



6 call them and send them outside of the White



7 House?



8 A You are talking about Mr. Starr's



9 file?



10 Q Yes.



11 A So your question is did I ever send



12 anything from Mr. Starr's file to anyone



13 outside of the White House?



14 Q Yes.



15 A I can't remember specifically, but



16 honestly, I am sure I did.



17 Q Do you know who you sent them to?



18 A I can't remember. I was always



19 asked for newspaper clips that I might have



20 that other people, in the press, didn't have.



21 Someone would call and ask me for the story



22 on Mr. Starr, and I might have sent out













205

1 another newspaper article.



2 I believe the one reason I



3 hesitated is that we did issue a statement or



4 two about Mr. Starr when I was at the White



5 House, directed to something Mr. Starr had



6 done. I am sure I must have sent that



7 statement out to people who asked for it, and



8 that is why I hesitate in saying I never did.



9 Q Same question with regard to the



10 file that you kept concerning the Thompson



11 committee. You did send materials from that



12 file or folder to persons or entities outside



13 of the White House?



14 A I am sure I did, comments made



15 about Senator Thompson and the committee



16 hearings that we put out to the press I would



17 have sent to a number of people, yes.



18 Q Same question with regard to the



19 Burton committee?



20 A Same answer, comments made that we



21 sent out to the press corps, any written



22 statements in that file I would have sent













206

1 out, yes.



2 Q During the time that you worked at



3 the White House, was it your understanding



4 that it was the practice of other White House



5 counsel to keep files or folders by subject



6 matter on various issues?



7 A That is a safe assumption, yes.



8 Q Were there others in the White



9 House counsel's office that also had files or



10 folders concerning Mr. Starr, correct?



11 A I can't be sure specifically.



12 Q Did you ever get information from



13 someone else in the White House counsel's



14 office that was taken out of the file by



15 subject matter?



16 MR. MILLS: Objection.



17 MS. SHAPIRO: Objection. Vague and



18 form.



19 BY MR. KLAYMAN:



20 Q You can respond.



21 A Repeat the question. It is a



22 pretty general question.













207

1 Q Did you ever go to somebody else in



2 the White House counsel's office and say do



3 you have anything on Mr. Starr in this



4 particular area? Can you provide it to me?



5 MR. MILLS: Objection, vague. This



6 particular area.



7 THE WITNESS: I can't remember ever



8 doing that. I probably did but I just can't



9 specifically remember.



10 BY MR. KLAYMAN:



11 Q Did you keep a file folder related



12 to Judicial Watch or Larry Klayman?



13 A No, I didn't. Sorry.



14 Q What other files did you keep?



15 A Whatever story was either about to



16 be written or had been written that had some



17 life to it, I would create a file by subject



18 and by date. Then after every month I would



19 clean out the file drawer next to my desk and



20 then start a new month of files.



21 Q What did you do with the files that



22 you cleaned out?













208

1 A I would move them to the file



2 cabinet and then consolidate them by subject



3 and chronology, so I would have current files



4 by my desk and less current files on those



5 same subjects by story, by particular stories



6 that were written in the other file cabinet.



7 Q Where are those files today?



8 A They are at the White House in my



9 old office.



10 Q Who occupies that office?



11 A Jim Kennedy.



12 Q Is there an inventory of those



13 files?



14 A I don't know if there is. You mean



15 a list of all of the file names?



16 Q Yes.



17 A There may well be.



18 Q Did you make such an inventory or



19 list when you were there at White House?



20 A At one point I tried, but I think I



21 gave up. I believe I did.



22 Q When you were at the White House













209

1 you had a computer, correct?



2 A Yes.



3 Q Was it a desktop computer?



4 A It was a desktop computer.



5 Q You left that computer behind?



6 A I left the computer behind.



7 Q Did you make that list or attempt



8 to make that list on that particular



9 computer?



10 A I may have. I don't think so. I



11 think I asked one of my interns to go to my



12 file and write a list of all of the subject



13 areas in the file, and I don't think we ever



14 finished that project. It was one of the



15 many projects that I wanted to finish that I



16 didn't.



17 Q What computer was used by the



18 intern?



19 A There is a little computer on the



20 desk outside of my office that they use.



21 Q Do you know what kind of computer



22 that was?













210

1 A What brand name?



2 Q Yes.



3 A Maybe a Compaq, but I am not sure.



4 Q What kind of computer did you have?



5 A Compaq?



6 A I forget. I am embarrassed to say



7 I forget.



8 Q Do you remember the name of that



9 particular intern?



10 A There were a few. I had like



11 several that would rotate in and out. So



12 there wouldn't have been one. In fact, that



13 was the problem with my idea. I never had



14 enough continuity to finish anything I wanted



15 to do in terms of organizing.



16 Q Was it a man or a woman?



17 A I had a few of them, I had young



18 people, boys and girls. So, I really don't.



19 Q Law students?



20 A Most of them were college age. I



21 don't think any of them were law students.



22 Q When you left the White House, did













211

1 you or anyone else to the best of your



2 knowledge erase anything on your computer?



3 A I never did.



4 Q Do you know the anyone erased



5 anything on the interns computer?



6 A I am certainly not aware of any, I



7 am not aware of any. I doubt it.



8 Q Was it your practice to keep backup



9 disks on the computer?



10 A No.



11 Q Everything was put on the hard



12 drive?



13 A Yes.



14 Q Did you use a dictaphone when you



15 were at the White House?



16 A No.



17 Q Did you ever record telephone



18 conversations while you were at the White



19 House?



20 A Never.



21 Q Has it ever been your practice?



22 A Never. I live in Maryland. I am













212

1 sorry.



2 Q That is all right.



3 A I am not apologizing to you --



4 Q It is listed in the phone book,



5 right, that you are not supposed to do that.



6 Did you ever use a laptop computer when you



7 were at the White House?



8 A Very rarely. I had a laptop



9 computer that I sometimes brought to the



10 White House for various reasons, especially



11 at the end of my tenure, but I never used the



12 laptop, I used the main computer, I never



13 used the laptop for any White House



14 activities.



15 Q What did you use it for?



16 A At the end of my tenure, when I was



17 sort of winding down and Christmas time, I



18 brought my laptop in and dabbled with the



19 idea of writing a book.



20 Q Did you start writing a book?



21 A I tried to interest publishers in



22 my ideas, but they were not buying.













213

1 Q Don't tell me your literary agent



2 was Lucien Milburn?



3 A No.



4 MR. MILLS: Objection, relevance.



5 THE WITNESS: No. But that is what



6 I worked on. It was around Christmas '97.



7 BY MR. KLAYMAN:



8 Q Did you ever use your laptop for



9 political correspondence?



10 A No.



11 Q Is your laptop still in existence,



12 that particular laptop?



13 A Yes.



14 Q Did you store information on the



15 hard drive of that laptop?



16 A Always.



17 Q Have you ever erased anything from



18 that hard drive?



19 A I don't know how to.



20 Q What kind of laptop is it?



21 A A Toshiba.



22 Q What is the model?













214

1 A Like a three or four year old



2 Toshiba laptop.



3 Q Did you use White House computers



4 ever for preparing correspondence, personal



5 correspondence?



6 A I don't think so. I may have sent



7 a couple of E-mails to friends, but not very



8 often.



9 Q From your computer, did you ever



10 have access to White House databases?



11 A No. No, not that I am aware of.



12 Q Do you know of anyone in the White



13 House counsel's office who could access a



14 White House database?



15 A I wasn't aware of it.



16 Q On his or her computer?



17 MS. SHAPIRO: Objection to form.



18 THE WITNESS: I was not aware of



19 that.



20 BY MR. KLAYMAN:



21 Q Do you know whether or not Bruce



22 Lindsey had access to the WHODB computer













215

1 database?



2 A I do not know.



3 MS. SHAPIRO: Objection.



4 BY MR. KLAYMAN:



5 Q Have you learned that in the



6 context of this case, other than my just



7 having said that?



8 A I don't think so.



9 Q Let me run through some things.



10 Was there a file that referred or related in



11 any way that you kept concerning Newt



12 Gingrich?



13 A No.



14 Q Do you know of anyone else who kept



15 a file in the White House on Newt Gingrich or



16 related to him?



17 A Not that I am aware of.



18 Q Did you keep any files that



19 referred or related to independent counsel,



20 Donald Smaltz?



21 A I did not.



22 Q Do you know of anyone who?













216

1 A Not that I am aware of.



2 Q Did you keep any files that



3 referred or related in any way to Henry Hyde?



4 A I did not.



5 Q Or the Judiciary Committee in the



6 House?



7 A The files?



8 Q Files or folders, whatever you



9 wanted to call them?



10 A I am not making that distinction.



11 With his name on it, that was about him?



12 Q Or where you knew you could find



13 information about him.



14 A Yes.



15 Q What file did you have on that?



16 A I kept a file on the issue of



17 whether an independent counsel should be



18 appointed because of campaign finance issues.



19 I collected lots of legal materials about



20 that subject. Some of that related to



21 letters that were signed by or received by



22 Chairman Hyde on that issue.













217

1 Q So you knew that if you wanted to



2 find letters from Chairman Hyde, you would



3 look in that file?



4 A Not letters, letters about the



5 issue of whether an independent counsel



6 should be appointed on campaign finance



7 issues. That is the only memory I have of



8 anything pertaining to Chairman Hyde.



9 Q What else was kept in that



10 independent counsel file?



11 A I could do one more slip and say



12 read the Wall Street Journal today and you



13 will see.



14 Q I did see your article in there.



15 A That is actually truthful, I kept



16 legal materials about the independent



17 counsel's statute and its application to



18 campaign finance issues, thinking some day



19 that would become an important issue and it



20 did. I addressed it.



21 Q These files that we are going



22 through right now, did you make copies of any













218

1 of the materials in them and take them when



2 you left?



3 A Yes, that is what I was referring



4 to. You asked me that earlier, I said I did



5 make copies of some of the files that I



6 collected.



7 Q Which copies of files did you make?



8 MR. MILLS: Objection, relevance.



9 MS. SHAPIRO: Objection, asked and



10 answered.



11 BY MR. KLAYMAN:



12 Q You can respond.



13 A I made copies of the stories that I



14 thought were most interesting that I had



15 worked on at the White House. For example,



16 the Arlington Cemetery story, which is a



17 series of stories that were about the



18 Arlington Cemetery issue. Or the independent



19 counsel statute issue. Or Roger Tamraz



20 stories.



21 Things relating to campaign



22 financing that I thought were interesting,













219

1 and I made copies of newspaper clips and



2 materials and I took them with me.



3 Q What file was that material kept?



4 What was it labeled?



5 A What file was what material?



6 MS. SHAPIRO: Objection, vague.



7 BY MR. KLAYMAN:



8 Q About Arlington Cemetery?



9 A I called that Arlington Cemetery.



10 Q You knew if you wanted materials



11 about materials on Larry Lawrence, that is



12 where you would go?



13 A If I wanted materials about the



14 newspaper coverage of the Larry Lawrence



15 story, that is where I would go, yes.



16 Q If you wanted to find out something



17 that was written by Paul Rodriguez of Insight



18 Magazine, that is where you would go?



19 A Precisely.



20 Q Or if you wanted something written



21 by Ariel Hoffington about the Lawrence issue,



22 that is where you would go?













220

1 A If I had seen, and I do believe I



2 remember one from Miss Hoffington that I read



3 that I thought was interesting, I put it in



4 there and that is where I would go.



5 Q You made copies of that file and



6 took it with you when you left?



7 A Correct.



8 Q What other files did you copy, what



9 materials?



10 A What subject areas?



11 Q Yes, that you took with you.



12 A Do you want me to try to remember



13 all of them? Because I have categorically



14 described them as stories I thought were



15 interesting.



16 Q Let's go through what you remember.



17 It will make things easier.



18 MR. MILLS: Before he answers,



19 there is a continuing line objection to



20 relevance on this whole line of inquiry.



21 BY MR. KLAYMAN:



22 Q You may respond.













221

1 A I went through the year and tried



2 to pick out stories about the stories that



3 told interesting stories. The journalism. I



4 was interested in how journalists covered



5 what I was responsible for.



6 Q Tell me what files you went to make



7 those copies?



8 A I think I mentioned Arlington



9 Cemetery, Roger Tamraz, the two committees,



10 the Thompson and Burton hearings, Hudson



11 casino stories, molten metals story, Doris



12 Matsuie and Webster Hubbell story, the Lums



13 story. Give me some time. I may remember



14 all of them. The molten metals story. The



15 Monica Lewinsky story in the short period of



16 time I was there. That is probably most of



17 them.



18 Q With regard to the Monica Lewinsky



19 story, the file or folder was labeled Monica



20 Lewinsky?



21 A I think so.



22 Q In that file, you would put













222

1 materials concerning Judge Starr as related



2 to Monica Lewinsky?



3 MR. MILLS: Objection, misstates



4 testimony. Objection, vague as to term



5 "materials."



6 BY MR. KLAYMAN:



7 Q You can respond.



8 A There was certainly material -- it



9 was only in the White House for ten days from



10 the first day that the Monica Lewinsky story



11 broke. So there were only ten days worth of



12 clips.



13 But there were a whole bunch of



14 newspaper clips about Lewinsky, the Lewinsky



15 story, including, I am sure references to the



16 Ken Starr prosecution and team and tactics.



17 Q In that file, would you put



18 materials or documents concerning Linda



19 Tripp?



20 A In those first ten days, I am sure



21 there were references to Linda Tripp as the



22 wire, yes, there have to be references to













223

1 Linda Tripp -- we are talking about clips,



2 now. I didn't have anything other than



3 newspaper clips because I was not speaking



4 about or responsible for the story. I was



5 just collecting clips.



6 I am sure Linda Tripp was mentioned



7 in the clips.



8 Q In that file would you put in



9 information about Kathleen Willey?



10 A Well, again you are using the word



11 information and I wouldn't agree with that



12 word. I put newspaper stories in that would



13 have related to various issues and



14 information.



15 I can't tell you for sure in the



16 first ten days of that story whether Kathleen



17 Willey was ever mentioned. I doubt it, but I



18 can't tell you for sure.



19 Q Was there a file where you kept



20 materials about women who had been alleged to



21 have had relationships with Mr. Clinton?



22 MR. MILLS: Objection, relevance.













224

1 THE WITNESS: I certainly didn't



2 keep those files myself. Again, I can't tell



3 you, and I am pretty sure, I am pretty sure I



4 can say that newspaper stories contained in



5 all of my files had references to other



6 stories that were written about people, but I



7 did not organize files for that purpose.



8 BY MR. KLAYMAN:



9 Q Do you know of anybody who did?



10 A At the White House?



11 Q Yes.



12 A No, I do not.



13 Q But you knew where in your files



14 you could go if you needed some information



15 about Kathleen Willey or Linda Tripp?



16 A Well, if I could correct one thing:



17 In the summer of 1997, in the early fall the



18 Kathleen Willey story broke. I am pretty



19 sure that I created a file about the Newsweek



20 story and its aftermath. I am not sure I



21 called it Kathleen Willey, but I am pretty



22 sure, by my usual system, I would have done













225

1 that. I just don't remember creating a



2 Kathleen Willey file.



3 Q But if you knew that if you needed



4 information about Kathleen Willey?



5 A I would look for the summer of 1997



6 chronology and try to find the subject area.



7 Q Was there a file you could try to



8 find material about Dolly Browning?



9 A No.



10 Q Did you ever gather information on



11 that?



12 A No.



13 Q Do you know of anyone who did?



14 A No.



15 Q Paula Jones?



16 A I kept clips on Paula Jones



17 randomly, not systematically. Because I was



18 not responsible for commenting on Paula Jones



19 at all.



20 There were times that I would



21 collect an interesting Op Ed piece or



22 something to that effect. But, I don't think













226

1 I kept a file on Paula Jones. I might have



2 had materials about her, relating to the



3 case.



4 Q Did you ever keep a file or folder



5 that referred or related in any way to



6 Richard Mellon-Scaife?



7 A I did not keep a file of concerning



8 Richard Mellon-Scaife.



9 Q Was there a file you knew you could



10 go to that you kept, or others had, where you



11 would find materials about Mr. Scaife?



12 A Materials about?



13 Q Documents.



14 A I would say, what do you mean by



15 documents?



16 Q Anything, press clips?



17 A Yes.



18 Q Documents?



19 A Yes.



20 Q What file was that?



21 A The only one I can specifically



22 remember, but I am sure there could have been













227

1 others in a different file, different stories



2 that referenced him. Remember we are talking



3 about, for the most part about newspaper



4 stories where his name would come up. I



5 can't remember all of those.



6 I remember there was one notebook



7 that I inherited from my predecessor that



8 pertained to a theory that stories that were



9 on the extreme of the political spectrum,



10 that weren't in the mainstream, and were



11 inaccurate, would be published by tabloid



12 extremist organizations and then get to the



13 back washed into the mainstream media.



14 I believe that there were some



15 materials in there about Mr. Scaife that I



16 remember reading.



17 Q Who was your predecessor?



18 A Mr. Fabiani.



19 Q He kept a notebook where materials



20 were contained concerning Mr. Scaife?



21 A I don't believe he kept it. I



22 think it was created when he was there, and I













228

1 found it in a file cabinet when I arrived



2 during my first week at the White House.



3 Q Do you know who created it?



4 A I don't know who created it, other



5 than what I read in Spin Cycle.



6 Q Was the so-called conspiracy stream



7 of commerce project?



8 MR. MILLS: Objection.



9 THE WITNESS: I couldn't call it



10 project, that was the title.



11 BY MR. KLAYMAN:



12 Q Conspiracy Stream of Commerce?



13 A I don't think so.



14 Q You don't like the word project?



15 A No. I don't like or dislike it. I



16 don't think that was the name.



17 Q It remind you of Arkansas project?



18 MR. MILLS: Off the record.



19 (Discussion off the record)



20 BY MR. KLAYMAN:



21 Q What other materials were kept in



22 that binder?













229

1 MS. SHAPIRO: Objection, vague.



2 THE WITNESS: That binder had a



3 two-page summary, and the rest of it were



4 newspaper clips. I think it was about 300



5 pages, and about 290 of the pages were



6 newspaper clips.



7 BY MR. KLAYMAN:



8 Q What documents were in there other



9 than newspaper clips? What types?



10 A There is a two page summary



11 statement, and the rest of it was newspaper



12 clips.



13 Q Did you keep a file concerning



14 Western Journalism Center?



15 A No.



16 Q Do you know of anyone who did?



17 A No.



18 Q Joe Farah?



19 A Who?



20 Q Who is the director of the Western



21 Journalism Center?



22 A Never heard of him.













230

1 Q Christopher Ruddy?



2 A No.



3 Q Was there a file where you could



4 find materials about Mr. Ruddy?



5 A No.



6 Q Olan Foundation?



7 A Never heard of it.



8 Q Landmark Legal Foundation?



9 A There was no file on Landmark.



10 Q Was there anything that you would



11 keep materials that you could now retrieve



12 it?



13 A You are now asking me all of these



14 questions about me, right?



15 Q Yes.



16 A No.



17 Q Mark Levin?



18 A No.



19 Q Congressman Bob Barr?



20 A No.



21 Q Was there a file you could go to



22 where you could find material about













231

1 Congressman Bob Barr or information?



2 A Not that I was aware of.



3 Q David Bossy, do you know who David



4 Bossy is?



5 A I sure do.



6 Q Any files where you could go to



7 find information about him?



8 A No.



9 Q Judge David Sentelle, do you know



10 who Judge David Sentelle is?



11 A I sure do.



12 Q Was there a file you could go to



13 where you would go to find out information



14 about any judges?



15 A Again, my running caveat is that



16 newspaper articles have so many different



17 subject areas over such a long period of time



18 might make reference to all of the people



19 that you are talking about and I can't tell



20 you I remembered all of those references you



21 talked about. With that caveat in mind, no.



22 Q Was there a file that kept or













232

1 related in way to Jesse Helms, Senator Helms?



2 A No.



3 Q Senator Lauch Faircloth?



4 A No.



5 Q Pat Robertson?



6 A No.



7 Q David Brock?



8 A No.



9 Q Floyd Brown? Do you know who Floyd



10 is?



11 A Do I know who he is? I sure do



12 know who he is.



13 Q Did you keep a file where you could



14 go to find information about Mr. Brown?



15 A No.



16 Q Governor Mike Huckabee of Arkansas?



17 A No.



18 Q Congressman Jack Kingston?



19 A No.



20 Q Brent Bozell, do you know who Brent



21 Bozell is?



22 A I think so.













233

1 Q Any file that you could go to find



2 information about him?



3 A I could save you the trouble. If



4 they were not part of the campaign finance



5 story and subject to journalism pertaining to



6 that story, the answer would be know no to



7 all of your questions.



8 Q Did you keep a file you could find



9 any information about Judge David Hale?



10 A By definition, since David Hale was



11 not involved the in the campaign finance



12 areas, since I did not speak to that issue I



13 did not keep --



14 Q Do you keep a file on White Water,



15 where you could keep?



16 A That is the caveat. If you want me



17 to, I will repeat every time the same caveat.



18 The caveat is that his name certainly is



19 going to appear. I had a file on White Water



20 stories. I am sure that David Hale's name



21 appeared in those stories every so often.



22 Q You knew if you wanted to get













234

1 information about Hale, that is the file you



2 would go to, if you had it?



3 A Yes, but it would be very, very



4 difficult because they were not organized by



5 subject areas. I would go to the clips of



6 White Water and there would be a pile of



7 unassembled newspaper clips and look through



8 to find David Hale's name. That would be



9 pretty inefficient.



10 Q But you did know, that is where you



11 would have to start?



12 A If he was there, that is where I



13 would start.



14 Q Joseph DiGenova? Is there a file



15 where you would go to find information about



16 him?



17 A Same caveat, no.



18 Q Mr. DiGenova and his wife, Victoria



19 Toensing, are counsel relating to the



20 Teamsters controversy?



21 A Which I had nothing to do with on



22 my watch.













235

1 Q It does not have something to do



2 with campaign finance?



3 A Conceivably yes, but I left the



4 White House just as that was beginning. It



5 was not on my watch.



6 Q Did you have any information that



7 you kept concerning Joseph DiGenova and



8 Victoria Toensing?



9 A No.



10 Q Even contained in newspaper



11 articles?



12 A Again, I want the record to be



13 clear that every question you are asking me



14 relates to the caveat that I expressed now a



15 couple of times.



16 Q Washington Legal Foundation?



17 A You are asking me the same



18 question.



19 Q Did you keep a file where you new



20 you could find information for the Washington



21 Legal Foundation?



22 A I did not keep a file. No, I did













236

1 not.



2 Q Did you keep a file where you knew



3 you could find information about John Huang?



4 A Yes.



5 Q What was the name of that file?



6 A Jon Huang, or Huang.



7 Q Did you keep a file on Helene



8 Calchaneheck?



9 A Yes.



10 Q Did you keep a file on Johnny



11 Chung?



12 A Yes.



13 Q Did you keep a file on Ron Brown?



14 A No.



15 Q Commerce Department?



16 A Not campaign finance.



17 Q If you wanted to find something



18 about allegations of selling seats on trade



19 missions, where would you go look?



20 MR. MILLS: Objection, lack of



21 foundation.



22 BY MR. KLAYMAN:













237

1 Q You can respond.



2 A I would not have had a file on



3 that.



4 Q Was that not part of the campaign



5 finance controversy?



6 A It did not really come up in the



7 context of my responsibilities.



8 Q Why?



9 MR. MILLS: Objection, relevance.



10 THE WITNESS: I don't know why. I



11 mean, I was a mirror of what journalists were



12 interested in. They didn't come to me with



13 stories about selling seats. It may have



14 been before my watch. It may have been that



15 they were working on other things.



16 BY MR. KLAYMAN:



17 Q These files were basically kept so



18 you would have materials to provide to the



19 media?



20 MR. MILLS: Objection,



21 mischaracterizes.



22 THE WITNESS: Exactly, my job was













238

1 to help reporters write stories, good



2 stories, bad stories. Help them write



3 stories.



4 BY MR. KLAYMAN:



5 Q So the materials and documents



6 would be gathered so that you could help them



7 write the stories?



8 A Once they were written, they were



9 reference points for follow up questions



10 where I would be able to look back to see



11 what we had previously said or what had



12 previously been reported so I could stay



13 accurate and factual.



14 Q From time to time, because you were



15 gathering these materials and filing them to



16 help the reporters write stories, you would



17 send them copies of some of these materials?



18 A If they asked me.



19 Q Yes.



20 A Yes.



21 Q You did that?



22 A Yes.













239

1 MR. MILLS: Consult with the



2 witness.



3 (Witness conferred with counsel)



4 BY MR. KLAYMAN:



5 Q Did you keep a file on Charlie



6 Trie?



7 A Yes.



8 Q Your answers with regard to Charlie



9 Trie would be the same as with these other



10 files?



11 A Yes. I don't think you need me or



12 want me to constantly restate the caveat.



13 When we are talking about files on a person,



14 I mean on a series of stories about that



15 person. I didn't keep personal files



16 information about Charlie Trie. I kept a



17 file about the journalism coverage of Charlie



18 Trie.



19 Q Did you ever keep a file concerning



20 Richard Sullivan of the DNC?



21 A No.



22 Q Did you know where to go to look













240

1 for information on Richard Sullivan in your



2 files?



3 A I would have known where to go to



4 look for stories written about the DNC. I



5 mean, there would be lots of places I would



6 be able -- I would go to if I were looking



7 for stories where Richard Sullivan's name was



8 mentioned. There was no specific place I



9 could think of to find information about



10 Richard Sullivan, no.



11 Q Now, with regard to the persons



12 whose information you testified to that were



13 in your files, did you or anyone at the White



14 House ever notify these people that



15 information was being kept that related or



16 concerned them?



17 A Well, I can't tell you that --



18 MS. SHAPIRO: Objection to form.



19 THE WITNESS: I can't tell you that



20 anybody -- are you asking me did I ever



21 notify them?



22 BY MR. KLAYMAN:













241

1 Q Yes.



2 A That I was keeping a file or



3 newspaper stories about them?



4 Q Or whatever else was in the file?



5 MR. MILLS: Objection to the extent



6 that you misstate his testimony.



7 MR. KLAYMAN: You can respond.



8 THE WITNESS: Whenever was being



9 made in a public statement.



10 BY MR. KLAYMAN:



11 Q Whatever you considered a public



12 statement.



13 A That is fair. Did I? No, never



14 did that.



15 Q Before you released information



16 from any of these files to the media, before



17 you sent it to the media, did you ever



18 consult with anyone who was referred to in



19 these materials?



20 A No.



21 Q You never sought their permission?



22 A No.













242

1 Q Do you know of anyone who did at



2 the White House?



3 A No.



4 Q In your campaign finance files, was



5 there any reference to Judicial Watch that



6 you know of?



7 A I can't be certain of that, one way



8 or the other.



9 Q What is your best guess?



10 A I would guess Judicial Watch gets



11 into the newspapers every so often. I would



12 guess that its name would appear here and



13 there. I don't remember ever seeing it.



14 Q Weren't you asked questions by the



15 media about Judicial Watch?



16 MR. MILLS: Consult with me.



17 THE WITNESS: Say that again.



18 BY MR. KLAYMAN:



19 Q Were you ever asked any questions



20 by the media about Judicial Watch?



21 A No.



22 Q Do you know of anyone who was?













243

1 A I am not aware of any.



2 Q Were you ever asked questions by



3 anyone in the media about Judge Lamberth?



4 A I don't believe so.



5 Q With regards to the various



6 materials that you kept and filed, was there



7 anything concerning Judge Lamberth in those



8 materials?



9 A I can't be 100 percent certain his



10 name was not mentioned somewhere. My best



11 knowledge would be no.



12 Q Do you know of anyone in the White



13 House who did or does keep materials about,



14 that concern or relate to Judge Lamberth?



15 A I am not aware of anyone.



16 Q Judge Norma Holloway Johnson, same



17 question?



18 A I am not aware of any. I didn't,



19 nor am I aware of any.



20 Q Are you aware of any procedure in



21 the White House counsel's office to destroy



22 documents?













244

1 A No, I am not.



2 Q Is there a document retention



3 policy that you know of in the White House



4 counsel's office?



5 A I am not aware of any.



6 Q Is there a document retention



7 policy generally in the White House that you



8 are aware of?



9 A Not that I'm aware of.



10 Q Was there any directive, that you



11 are aware of when you came to the White



12 House, or afterwards which directed people to



13 destroy certain documents?



14 A I wasn't aware of any.



15 Q So to the best of your knowledge,



16 files and documents which you kept, which you



17 generated and kept in the White House should



18 still be in existence?



19 A Correct.



20 Q Did you keep a chron file of



21 communications that you generated when you



22 were at the White House?













245

1 MR. MILLS: Objection, relevance.



2 THE WITNESS: I did not.



3 BY MR. KLAYMAN:



4 Q Did you keep copies of letters



5 which you sent?



6 A I did not, unless it was by



7 accident. I didn't have a secretary.



8 Q Well, letters were kept on hard



9 drive of your computer?



10 A If they were written on my hard



11 drive, and I don't think I wrote that many



12 letters, quite honestly, they would still be



13 there.



14 Q Did you make diskettes of



15 everything on the hard drive and leave the



16 White House with the diskettes?



17 MS. SHAPIRO: Objection, asked and



18 answered.



19 THE WITNESS: Not that I can ever



20 recall. Excuse me, did you say did I ever



21 make a diskette?



22 BY MR. KLAYMAN:













246

1 Q I will ask you that question: Did



2 you ever make a diskette?



3 A Yes.



4 Q When did you make a diskette?



5 A I may have misstated before if I



6 said I never used anything on a diskette.



7 You just jogged my memory. If I said that



8 before, let me correct it.



9 There would be occasions where we



10 would be working on certain public statements



11 or Qs and As, that I would need to be



12 prepared for on a pending story.



13 I would make a diskette of our



14 first draft, and I would go across the street



15 to Mr. Ruff's office where we would work on



16 it over there. That would be the only time



17 that I remember using a transfer on to a



18 diskette methodology.



19 Q Did you keep copies of those



20 diskettes? Did you keep copies of those



21 diskettes?



22 A I did not. I have no idea where













247

1 they are. We were quite randomly left places



2 and searched for and reused and very



3 eclectically. So the answer is no.



4 Q What does "eclectic" mean?



5 A It means very diverse and by



6 happenstance. Not routine.



7 Q Did you ever contact Mr. Begala,



8 Mr. Blumenthal, Ms. Lewis, Mr. Emanuel to see



9 if they had documents that could be helpful



10 to the press?



11 MR. MILLS: Objection asked and



12 answered.



13 BY MR. KLAYMAN:



14 Q Documents, press release,



15 statements, whatever?



16 A No, I didn't.



17 Q Mr. McCurry?



18 A Not to the best of my recollection.



19 Mr. McCurry, documents, I would certainly ask



20 Mike McCurry for the press statements or



21 press releases, either the current ones that



22 he just put out or ones previously put out













248

1 pertaining to the issue, yes.



2 I would not ask him personally, I



3 would ask Laurie Anderson, probably.



4 Q You were aware that Judicial Watch



5 on behalf of its clients had filed or filed a



6 class action lawsuit, were you not?



7 MR. MILLS: Objection, assumes



8 facts not in evidence, no foundation.



9 THE WITNESS: While I was at the



10 White House?



11 BY MR. KLAYMAN:



12 Q Yes, while you were at the White



13 House?



14 A I don't believe so.



15 Q How did that issue come up?



16 A It actually came up in the context



17 that knowing that Ms. Paxton had been



18 assigned responsibilities to monitor the



19 case.



20 Q You were aware that the White House



21 had been joined as a defendant, the Executive



22 Office of the President?













249

1 A I was kind of aware of it. I



2 didn't get into the details of it, but I was



3 aware of it.



4 Q You were aware the White House was



5 alleged to have violated the Privacy Act?



6 A I think I was aware of that.



7 Q You were aware that the White



8 House, called the Executive Office of the



9 President the White House, was alleged to



10 have violated the District of Columbia tort



11 of invocation of Privacy Act?



12 A I didn't know that.



13 Q You were aware that White House



14 challenged whether it could be sued under the



15 Privacy Act?



16 A Do you mind if I take my coat off?



17 Q No.



18 MR. MILLS: Objection, lack of



19 foundation.



20 THE WITNESS: Would you repeat the



21 question?



22 BY MR. KLAYMAN:













250

1 Q You were aware that the White House



2 filed a motion to dismiss on the basis that



3 it wasn't covered by the Privacy Act?



4 A I was not aware of that at the



5 time. I may have read about it since, but I



6 was not aware of it at the time.



7 Q You did become aware, when you



8 worked at the White House, that the White



9 House motion to dismiss was denied by the



10 court?



11 A While I was at the White House?



12 Q Yes.



13 A I think I may have heard that we



14 lost some motion, but I forget what it was



15 about.



16 Q That you lost a motion to dismiss?



17 A I think I heard we lost some motion



18 relating to this case. I don't think I knew



19 it was a motion to dismiss.



20 Q During the time you were in the



21 White House, you had no basis to believe that



22 the White House wasn't covered by the Privacy













251

1 Act, did you?



2 A I didn't know one way or the other.



3 Q Did you ever seek advice as to



4 whether or not the White House was covered by



5 the Privacy Act?



6 A No.



7 Q Did you ever do any research to



8 that effect?



9 A No.



10 Q Did you ask anybody else to do it?



11 A No.



12 Q Did anyone ever tell you whether



13 the White House was covered by the Privacy



14 Act?



15 A No.



16 Q Given the fact that you are



17 releasing materials from files to persons and



18 entities outside of the White House, based



19 upon your considerable legal experience, why



20 didn't you check to see whether the White



21 House was covered by the Privacy Act?



22 MS. SHAPIRO: Objection, form.













252

1 THE WITNESS: I never thought about



2 it. One way or the other.



3 BY MR. KLAYMAN:



4 Q Up to the time that you took your



5 job in the White House you had been engaged



6 in legal matters concerning government



7 practice?



8 A I don't know what you mean by



9 government practice.



10 Q Matters involving the government?



11 A I was involved in matters



12 pertaining to the government, yes.



13 Q During that period of time, did you



14 ever file Freedom of Information Act requests



15 on behalf of your clients?



16 A Yes, yes, many times.



17 Q Did you ever have any legal matters



18 involving the Privacy Act up to the point you



19 took your job in the White House?



20 A Never.



21 Q Are you aware that Freedom of



22 Information Act is part of the Privacy Act?













253

1 MR. MILLS: Objection, misstates



2 the law.



3 MS. SHAPIRO: Join the objection.



4 BY MR. KLAYMAN:



5 Q What is your understanding?



6 A I am embarrassed to say I never



7 knew that, if it is true.



8 Q Were there any materials circulated



9 at the time that you were at the White House



10 providing guidance on whether certain



11 materials should be released and others



12 should not be released to the public?



13 A I don't recall any. I just want to



14 remind you, because I didn't want to



15 interrupt the flow of your questions, when I



16 send out published newspaper articles, that



17 is all I did. Matters that I considered to



18 be already in the public domain.



19 So for me there would be no trigger



20 in my mind of a Privacy Act issue, although



21 you I have never read the Privacy Act and



22 know nothing with it.













254

1 Q Did anyone ever provide advice to



2 you or anyone else that you know of on



3 Privacy Act requirements in terms of



4 disseminating information from the White



5 House?



6 A Not while I was in the White House,



7 no.



8 Q So as far as you know, it wasn't a



9 concern at the White House?



10 MS. SHAPIRO: Objection, form.



11 MR. MILLS: Objection.



12 THE WITNESS: It might have been a



13 concern, it just wasn't communicated to me.



14 BY MR. KLAYMAN:



15 Q Yet your job was to disseminate



16 information to members of the media, correct?



17 A To disseminate information for



18 publication to the media that we considered



19 to be factual, yes.



20 Q You never thought it prudent to get



21 advice on what you could disseminate and what



22 you could not?













255

1 MR. MILLS: Objection.



2 THE WITNESS: I considered it



3 prudent to get advice on making sure that



4 what I said was accurate and factual. If I



5 was convinced it was accurate and factual,



6 then I was comfortable in any own mind, as an



7 attorney, and according to my own standards,



8 that I should release it to the press.



9 BY MR. KLAYMAN:



10 Q I am not saying you did this, but



11 let's take your guide posts, if information



12 from an FBI file was accurate as far as you



13 could determine, then under your system of



14 deciding whether to release it, that would be



15 sufficient?



16 MR. MILLS: Objection,



17 hypothetical. You can ask the witness fact



18 questions.



19 THE WITNESS: I think my logic and



20 legal experience would make a distinction



21 between an FBI file and a newspaper article



22 that had been published in a newspaper in the













256

1 public domain.



2 BY MR. KLAYMAN:



3 Q What, based on your experience and



4 logic would tell you that an FBI file should



5 be treated differently than a newspaper



6 article?



7 A You asking for my uninformed



8 opinion on that? I think an FBI file



9 contains allegations that are unproven and



10 may not be accurate and cannot be



11 substantiated by me, or anyone for that



12 matter, and therefore would be very unfair to



13 release publicly.



14 Q Based on your considerable



15 experience with media, are you saying that



16 the media always published accurate



17 information?



18 A No, it does not.



19 Q It frequently does not?



20 A It frequently does not.



21 Q So therefore, what is the



22 distinction?













257

1 A I would judge the nature of the



2 publication, the Legal Times stories on



3 Arlington Cemetery, and Insight Magazine was



4 inaccurate. So in the future, I would not



5 rely on the accuracy of that publication



6 until shown otherwise.



7 If it was a New York Times or a



8 Washington Post story previously published,



9 where I had some basis to believe that they



10 had checked their sources for reliability, I



11 would make a judgment that that would be



12 safer for me to make a judgment that it was



13 accurate.



14 Q Based upon recent reports that CNN



15 did not report the story on Saran correctly,



16 does that mean, given your guide posts, you



17 would no longer rely on CNN as a source of



18 information?



19 A I think you would have to balance



20 the likelihood of errors versus their track



21 record of accuracy.



22 In the case of CNN, I would balance













258

1 the errors versus the good journalism and



2 probably come up in -- definitely come up in



3 favor of relying on the CNN report



4 notwithstanding the mistake.



5 Q When you were in the White House



6 and you faxed materials to reporters, was



7 there a fax log that you logged in what you



8 were faxing?



9 A No.



10 Q Did you get confirmations on the



11 fax machine that it went through?



12 A Yes.