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 general