OIS Cases FileGate-Exhibits-10-07
Number of Pages:6
Date Created:August 16, 1999
Date Uploaded to the Library:July 30, 2013
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told that his goal the White House was become head the [M]ilitary Office and that felt that the Chief Staff, Mack McLarty, was not supporting him enough his quest that. And often spoke arguments said had with the Chief Staff and others relative his seeking this promotion.164 May 27, 1994, Livingstone wrote note George Stephanopoulos thanking him for offering assistance his efforts "to further serve the President Director the White House Military Office." 165 Mr. Livingstone listed four points which believed should considered his quest for the office. The last the four points, that "the job, nature, should have someone with sound political skills-particularly approach N.H. [New Hampshire]," most revealing Livingstone's lack understanding that all jobs the White House are not political.166 The Military Office responsible for all the military operations they relate the White House. White House communications, military aides, and the President's doctor all come under the supervision the Military Office. The use Air Force One, the helicopter well any other transportations the President are under the control this office. essence, every military asset the White House run the White House Military Office, office for which man Craig Livingstone's background was not suited. Livingstone's duties Director the White House Office Personnel Security After Livingstone became the Director the Security Office, requested that the name changed the Office Personnel Security (OPS).167 Although the Clinton administration changed the name the office, was supposed perform essentially the same duties had prior administrations. 1994 memo Jodie Torkelson, Assistant the President for Management and Ad.ministration, Livingstone described his duties Director OPS: process security papers for Presidential appointees and White House staff; handle daily contact with the FBI; maintain frequent contact with attorneys individ ual case basis; work with the Secret Service processing applicants for access and White House passes; sit numerous commit tees with the Secret Service; act liaison between Secret Service and staff; maintain clearance processes for White House Intern/ Volunteer programs; initiate memoranda the attorneys; initiate and maintain Security Interview process for both staff applicants and intern/volunteers; 164 Aldrich deposition, 34. 1s5White House document CGE 46222. 1ssThe hank-you note produced this commit had cover ached stating "What should with this request?" Below this question written word "Nothing" and circled. Whi House document CGE 46221. 1s7White House document CGE 048607. act principal liaison with all government-wide depart ment/agency security officers assisting their clearance processes, and; process compartmentalized clearances for staff.168 But contrast Jane Dannenhauer, his predecessor, Livingstone was involved more than simply running the Security Office. Although Livingstone described one his primary duties 1993 reviewing FBI background files,169 continued advance work for President Clinton even after taking over the position Director the Security Office. Mr. Livingstone would often Presidential and First Lady advance trips, traveling the President First Lady set and handle logistics.110 fact, Livingstone stated, "we [White House appointees] are asked advance from time time, and it's something that have done. would consider that part job." 171 Mr. Livingstone also told FBI Agent Gary Aldrich that was the Clinton administration's liaison the FBI and spoke often with the Director the FBI, Louis Freeh.172 The committee received copy letter from FBI Director Louis Freeh stone that appears confirm this fact. the letter, Director said that "the President and the American people are indeed fortunate have your dedication and service." After thanking Livingstone and "Stephanie" for their help with Director Freeh's sons, said that "we look forward seeing both you soon. Don't forget visit the FBI." was signed "Very truly Louie." 173 Mr. altered the historical duties office other ways memo Counsel the President Abner Mikva requesting raise, Livingstone wrote, strongly believe that level work reviewing records, adjudicating FBI backgrounds, conducting intake security interviews and developing corrective plans action for individuals with problems that can made right."174 The memo did not describe what kind plans action problems would involved this newly developed duty. addition, individuals left the White House for other positions, they would "debriefed" Livingstone part his duties.175 September 22, 1993 memo Livingstone requested permanent radio and cell phone stating, "this request necessary due the nature duties Director White House Security." 176 did not enumerate what those duties were which required him have radio and cell phone. discussed above, the next May 1994, again requested White House issued cell "on call" during the weekend "to assist the President whatever manner necessary." 177 the previous memorandum, did not describe what his duties were what assistance the Presi isaWh House document CGE 048827-829. 1ssLivingstone, June 14, 1996, IJ. 170Livingstone deposition, March 22, 1996, pp. 24-25. 171Jd., 26. 172Aldrlch deposition, July 18, 996, 34. 173 White House document CGE 174White House document CGE 048059. (Emphasis added) (May 30, 1995 memo from Craig Abner Mikva, re: Followup pay ad,justment request.) March 22, 1996 dep. 31. 17BWhite House document CGE 054067. L77White House document CGE 048523. dent needed from him weekends. Livingstone was also attempting expand his role White House security and was planning "security committee." 178 Former White House Counsel Boyden Gray made clear that substantive judgments the background investigations were reserved exclusively the White House Counsel and Deputy Counsel.179 The responsibility for the adjudication was kept the highest levels the Counsel's Office not only ensure immediate access the President with any problems, but also ensure the confidentiality the files. the Clinton administration, the responsibility was given associate counsel, William Kennedy, who turn passed along the around problems their backgrounds, ignoring the purpose the investigation. Mr. Livingstone's explanations his duties the White House raise questions whether was authorized undertake these tasks, and so, whom. clear more than one occasion that his superiors were aware what was doing, outlined these additional duties his memos them. Mr. Livingstone'spredecessor worked long hours her position Director the Security Office. She did not have time political advance work expand the mandate her office. What important note that there was never backlog passes, never any security concerns raised the Secret Service, and certainly never any unauthorized requests sent the FBI during the tenures Livingstone's predecessors. There seemed little supervision Livingstone and the activities was pursuing. The Clinton administration put someone this sensitive office with experience and who clearly was unsuitable recognized both the FBI and the Secret Service. Not only did the White House ignore the importance the suitability issue but after placing unsuitable person this position, the responsible 178White House document CGE 054002 (Letter from Paul Connelly, Chief and Safety Division the White House Communications Craig Livingstone May8, 1994. was very happy hear '1our mandate widen your role White Hause security and interested participating the White House security committee you mentioned.) (Emphasis added.). 17 Security FBI Files hearing, June 19, 1996, 23. 160 LivingBtone deposition, June 14, 1996, 49. (LivingBtone stated: think the first year looked lot the reports, but got trained our functions and our mission became clear, we-I trained staff look for certain types information, and there wasn't any that type information, that felt confident that they could make decision the information was derogatory not." then noted that did not even train the staff, Lisa Wetz!, staff assistant did, believe was 1994 when Ms. Wetzl trained our staff." Ms. Wetz! was only years old when she began the office and thank you note Livingstone, she said was the first job she ever lield.) parties, the White House Counsels, abdicated supervisory responsibility. not surprising then that problems would arise. Livingstone's salary requests Mr. Livingstone was hired the Director the Personnel Security Office salary $45,000 February 1993. May 10, 1993 memo Associate Counsel the President Bill Kennedy, Livingstone requested salary increase $5,00Q.181 October 20, 1993, Livingstone did receive increase $51,000 which was approved Bernard Nussbaum.182 Between May and August 1994, three Counsel's Office attorneys wrote letters behalf Livingstone requesting increase his salary. The Assistant the President for Management and Admin istration, David Watkins, wrote memo Associate Counsel Beth Nolan May 1994 noting that had come his attention that she had requested salary increase for Livingstone.183 Mr. Wat kins explained that salary freeze was effect for all salary justment actions.184 Nevertheless, Nolan's colleague, Associate should doing everything our power minimize." 186 third attempt get Livingstone raise, both Beth Nolan and Deputy Counsel the President Joel Klein joined memo Deputy Chief Staff Phil Lader.187 the memo they acknowledged that there was general freeze salaries but argued that exception should made for Livingstone, asking that given immediate raise $60,000.188 They cited his extraordinary effort clear White House passes, one Livingstone's duties Security. Mr. Livingstone did receive salary increase January 1995 $57,500, which was approved White House Counsel Abner Mikva.189 Nine months later Livingstone received yet another salary increase $63,750,190 Before receiving that final increase Livingstone had written two memos Counsel the President Abner 1e1White House document CGE 047884. (Memo from Craig Livingstone William Kennedy, dated May 10, 1993. the same memo, requested that Nancy Gemmell remain paid status August 1993. also bring receptionist e.t reduced salary $17,000. "On 1993 salaIJ' would increase $50,000 from $45,000. Based the reduction salary for the receptionist.") 1B2White House document CGE 046144. 1B3White House document CGE 048509. (Memo from David Watkins Beth Nolan dated May 25, 1994, re: The memo was copied Patsy Thomasson and Kelli McClure and read, ''EYES 1B5White House document CGE 048622. (Memo from Christopher Cerf Phil Lader, Dep uty Chief Staff, re: raise for Craig Livingstone. The memo was copied Beth Nolan.) lSBJd, LB7White House document CGE 048627. (Memo from Joel Klein, Deputy Counsel the President and Beth Nolan, Associate Counsel the President dated August 191 1994, re: raise for Craig Livingstone. The memorandum was marked "Personal and Confidential." The memo was forwarded Livingstone with handwritten note from Beth Nolan, "our 3rd effort, has gone Phil. eel will a!So talk him.") lBBNolan and Klein stated the.t Livingstone had worked months e.t "an inadequate salary" $51,000. 1BBWhite House document CGE 046217. lBOWhite House document CGE 046215. (The document "Change Employee Status" form, change salary requested Abner Mi.k:va, dated September 28, 1995.) Mikva. The first memorandum, dated May 30, 1995, states, have done best good soldier," and requests salary increase $65,00o.1s1 The second memorandum, dated August 28, 1995, takes much stronger and almost threatening tone. would wrong not approve request. Not just because was promised but because demonstrated that deserve it. apologize for tone but this last try remain part the team.1e2 this second request, his salary demand increased $70,000.193 Mr. Livingstone's final request for raise came May 14, 1996, just days after the committee held the White House contempt for the failure turn over subpoenaed documents. Among the documents that had been withheld was the White House request for Billy Dale's FBI background file. The Assistant the President for Management and Administration, Jodie Torkelson, wrote memo requesting information Livingstone's salary history and any notes paperwork what may have been promised. Ms. Torkelson states the memo, ''Livingstone's again. He's submitted paperwork for signature giving himself raise and saying that was promised the money Abner [Mik.va] .... I'd like kill this before leave." 194 nard Nussbaum and Abner Mikva, promised him that would get raise $70,000. wrote memos directly Counsel the President Mikva stating that deserves raise because had been "good soldier" and "weathered the office through few storms." How was Livingstone able secure percent salary increase only years? His salary rose rapidly from $45,000 $63, 750. Although Livingstone complained that his predecessor made over $60,000, did not acknowledge that she had over years experience Director the Security Office. Mr. Livingstone had background, education experience the area, yet was given significant salary increases. His office was responsible for the backlog passes yet claimed credit and demanded rewards for clearing that same backlog. the Counsers Office behind him raise even who Craig Livingstone really is. Although most House would now deny knowing him best admit that they may have seen him around, Livingstone was able garner support for his cause when necessary. Livingstone brings new staff The White House Security Office began using interns for the first time its history after Livingstone came Director. Mr. Liv 191W hite House document CGE 048059. (Livingstone states that salary $57,500 was living paychec and complains that his predecessor, who had Ileen the position since Nixon administration, made over $60,000.) l92White House document CGE 048058. (Livingstone also notes that his "situation" had gone for over 2'h years, pointing out that had "seen [the] office through few storms.") 19a Attached the authorization form for the salary increase was note from Kelli McClure Deputy Counsel the President James Castellito, "[t]he increase was Judge va. understanding that was based promise made when Nussbaum was here." White House document CGE 046216. 194White House document CGE 053840. (The increase salary requested was $70,000.) ingstone's Executive Assistant, Lisa Wetzl, began intern OPS June 1993 after graduating from college May the same year.195 Other assistants the office started interns before moving staff positions. Hughes began intern February 1994 after graduating from college June 1993.196 Jonathan Denbo, assistant the office, was intern the office the summer 1994 and was hired September after graduated from college May 1995.197 The staff the office was generally very young and inexperienced. Nevertheless, all the staff were granted top secret clearance the White House and compartmentalized clearances from the CIA. During 1993 and early 1994 the Office Personnel Security had extensive backlog paperwork. White House appointees were not completing their paperwork and those that were completed were not being sent the FBI. April 1993, Livingstone was attempting get his friend and political ally, Anthony Marceca, detailed the office assist with the backlog. III. DETAIL ANTHONY MA.RCECA THE WHITE HOUSE INTRODUCTION Marceca one the tion the FBI files matter. The White House claims that was the individual responsible for ordering hundreds files former Reagan and Bush administration officials. First described ''low-level clerk," the White House refused release Marceca's name the committee for several days. However, the committee soon learned through press accounts that the so-called low-level clerk was White House detailee employed civilian investigator the Army Criminal Investigative Division (CID). President Clinton's deputy campaign manager, Ann Lewis, claimed Marceca was "non-political staffer." 198 Anthony Marceca longtime political colleague Craig Livingstone. The two worked advance for numerous campaigns since the Hart campaign 1984. Mr. Marceca was detailed the White House Office Personnel Security August 1993 the request Associate White House Counsel William Kennedy. Mr. Kennedy wrote two letters directly Secretary Defense Les Aspin regarding Marceca's detail.199 Kennedy, one letter, stated that had "learned Agent Marceca's unique investigative abilities and background and would greatly appreciate his full-time assistance here." 200 Once ensconced the office, Marceca attempted use the position springboard Presidential appointment. was interviewing for positions U.S. Marshal well Inspector Gen t95Wetzl deposition, June 17, 1996, Ms. Wetzl began OPS intern June 1993, she was hired staff assistant 1993 and promoted Executive Assistant the fall 1994. Ms. Wetzl left the office 1995 work confidential assistant Secretary the the Honorable Togo West, Jr. iasneposition August 13, 1996, (Hughes became Livingstone's Execu tive AsstStant l97Deposition Denbo, September 1996, isa.Ann Lewis, was stake, USA Today, June 10, 1996, A12. t9BWhite House documents 043814. 200Wbite House documents CGE 043816, letter from Kennedy Aspin, dated Aprll 13, 1993, re: request for detailee.