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OIS Cases FileGate-Exhibits-10-10

OIS Cases FileGate-Exhibits-10-10

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then stated that worked off the list, not the SF-86 form..317 Mr. Marceca then clarified this apparent contradiction explaining that after the project was not advancing planned, began make lists names from the "Update list" and systematically circulate those offices the White House.318 Attached Marceca's lists names would request from Marceca asking whether any the individuals listed were holdovers.319 The "Dead Bin" the process making these requests, Marceca would informed the various offices that certain individuals Marceca's list had left the White House some time ago. Marceca explained: some cases those folks, the GSA [General Services Administration] would tell this person still here, but these people with GSA, two three people with GSA left '87 and they are longer here. would back the file then and would check off the list and would not call for SBI because knew they were not there.320 Marceca had actually gone through the list this manner, would not have received any files individuals who were not currently working the White House. Instead, had accumulated somewhere the range 500 files which stashed the "dead bin." 
Marceca defined what considered his "dead bin:" 
That file that the update list sat was where files were stored that were what recall dead files, files people who longer worked the White House. They went that file. They went that bin. there was-if the name was not-if the person's name was not file that bin, that meant that had open file. But before opened file, checked into file drawers find out file had already been opened. And there was file the file drawer, got new file folder, and opened new file ...321 
The so-called "dead bin" which Marceca created raises some very troubling questions. implausible that, after received even one file for individual who was not presently working the White House, did not raise any questions about the list which was using. Apparently did not question the list after receiving over 400 files individuals who were not working the White House.  
Mr. Marceca was career investigator, trained ask questions and find answers. not plausible that Marceca would not able determine the reason many names, with "I's" next them, longer worked the White House. Nor plausible that was unaware whose files was requesting. When ques
317 Marceca 
65. his test mony committee hear ng, Marceca testified that worked the not from SF-86 forms. FBI Files, June 26, 1996, pp.
40-42. 
a1s Marceca deposition, 99. 
319Jd. 

a20Id 100. 
321Jd. 64. 
tioned why requisitioned files known prior Republican officials, Marceca responded that had seen high level Republican the White House one occasion. therefore, did not question whether any other well known Republicans should the list well.322 
Mr. Livingstone was aware that Marceca was working the Update Project, but claims that they did not have any conversations about the project: don't have specific recollection talking anyone about when Tony started Tony was trained properly it." 323 Likewise, Ms. Wetzl, staff assistant the time, did not know what process Marceca was using complete the Update Project.a24 
Mr. Marceca wrote memos Livingstone keep him up-to-date the status his projects,325 and kept detailed lists each previous report received from the FBl.326 Everyone who worked the Office Personnel Security, one room office, 321 testified that they knew Marceca was working the Update Project, but never asked him about it.32s 
All prior employees the one room Office Personnel Security are unable recall what Secret Service list Marceca used for the project, including Marceca.329 Ms. Wetzl, however, destroyed Ms. Gemmell's list, and testified she does not believe Marceca used for the Update Project.a30 Wetzl further stated, "Nancy had left all her stuff one corner and didn't believe that Tony had used any that, that had gotten new list from the Secret Service and was working that." 331 Ms. Wetzl, Livingstone's 24-year old Executive Assistant, made the decision destroy the only possible clue why the files were improperly obtained. 
s22Marceca stated that one day saw Marlin Fitzwater, Assistant the President and Press Secretary for President Bush, the White House complex. 
s2sLivingstone deposition, June 14, 1996, 54. 
324Wetzl deposition, 26. When asked describe what she observed Marceca doing the Update project, Wetzl answered, ''I knew was working it, you know, and were all the same office so, you know, would see him his work station but really didn't get in volved the details what was doing." (Emphasis added). 
325Marceca document production, Bates Stamp Nos. 000096, 000155. the first memo from Marceca Livingstone, Marceca writes, "White House Staff; Requests for Backgrounds were sent this week and the previous weeks FBI. Requests for Backgrounds are awaiting sent next Monday FBI. (We are the 'D' with this project.) Next week; Jan. 94, investigation begins GSA; ATT; NBC; Credit Union; and "White House Staff, for El's which expire 1989." the second memo, under Re-investigations White House Staff, Marceca writes, ''White House Staff Update: Request for Previous backgrounds were this week. each for the previous weeks FBI. Request for backgrounds are awaiting sent next Monday FBI. 250 Request for Previous Reports sent during this reporting period. (We are the 'F' with the Staff Update Project."). 
s2sMarceca document production, Bates Stamp Nos. 000004-000081. Lists created Anthony 
Marceca dated from September 24, 1993 through February 10, 1994. 
327Livingstone deposition, June 14, 1996, 
12. Mr. Livingstone was asked about the layout OPS, answered, "In 1993, was one room." All the staff members the office 
worked the same room. Id. 
a2ssee, Livingstone deposition, Wetzl deposition and Marceca deposition. 
B29See, Security FBI Files hearing, June 24, 1996, pp. 40-41. Mr. Marceca explains that does not have vivid recollection the list which 1,1Sed; Livingstone explained that was not clear the details the Update Project; however, appeared that whatever list Marceca was using caused the problem. Id., 
30-33; Ms. Wetzl testified, saw that was Secret Service list didn't look couldn't tell you what-which format 
 
this list was in." Wetz! deposition, 34. 330Security FBI Files hearing, June 24, 1996, 113. Wetzl stated, did not work with her list. threw out." aa1Wetzl deposition, 45. Marceca's other duties 
Committee documents show that Marceca's testimony his responsibilities the Office Personnel Security was not comprehensive. Although apparently did handle the processing forms for background investigations, provided additional services well.332 Marceca's memoranda Livingstone show that was assisting White House employees whose background investigations threatened their jobs. One Marceca memo entitled "Analysis Personnel Background" contained the following: Subject should first fire the attorney who wrote the letter, for the following reasons: 
(a) 
The letter combative and argumentative 

(b) 
The letter does not offer explanations, but excuses suggest the following included new letter: 
(a) Subject has paid his/her dues society, for past mistakes. 
(c) The shoplifting incident occurred because the subject needed money buy food 
(e) [I] very sorry for the mistakes past and believe being fired unfair and unreasonable.333 

Why, these documents suggest, did the Clinton administration employ Marceca cleanse background problems for employees with criminal histories? How extensive was the :problem employees with background blemishes? Was Marceca hired specifically for 
that These raise further concerns about the
taken the administration toward security issues. MARCECA'S DETAIL ENDS White House attempts extend Marceca's detail 
Marceca's detail ended February 1994. Livingstone and Kennedy had attempted extend his detail; 334 however, there were "unresolved issues" his background which made Kennedy decide not renew the detail.335 
testified thought Marceca would have liked continue detail; however, discussed these "unresolved issues" with Kennedy who made the final decision not renew the detail.336 Mr. Kennedy explained: 
Question. [W] have been informed the White House that [Marceca] did leave sometime February '94. you know why was not retained the White House? 
332Among his other dut es, Marceca's calendars show that least two occasions was summoned Counsel the President Bernard Nussbaum's secretary crack open Nuss
baum's safe. 
333 Marceca document product 
on. 
3348ee, Wetzl 36. Ms. Wetzl was !!liked whether there were any attempts redetail Marceca She answered, don't know. There talk it, but I'm not-I wasn't involved it.n  
336 Livingstone deposition, June 14, 1996 60.
336/d., pp. 60-61. 

Answer. Well, don't remember the timing involved. Okay? simply not know when things took place. But remember correctly, there were two things that sort impacted this. One which that the White House, don't believe, wanted pick paying for him. That's number one. Number two, Tony's background had come and there were some problems revealed with that made think might better kind went back where was. 337 White House document shows that Livingstone and Kennedy requested extension Marceca's detail February 28, 1994.338 The request non-reimbursable basis starting February 28, 1994 and ending June 27, 1994, with Marceca's duties outlined assisting the Security Office with military adjudication. The form notes that reimbursement would start April 11, 1994. 
This document was signed Kennedy after Marceca's original detail ended and after the problems his background were discovered December 17, 1993. .March 1994, the White House Personnel Liaison contacted Livingstone asking, "Do you know the start date for Tony Marceca?" 339 Mr. Marceca testified that was unaware any attempts have him re-detailed the White House.340 Messrs. Livingstone and Marceca did discuss the problems which were developed Marceca's background investiga
tion.341 Even after Kennedy and Livingstone had received Marceca's and knew there were suitability issues, they redetailed. March 17, 1994 letter, only recently produced the committee, shows that Livingstone had requested, late March 1994, subsequent detail for Marceca. The March letter respectfully withdrew the request. explanation was given for the change heart Marceca working the White House. 342 
Mr. Kennedy stated that the problems Marceca's background were "not problems that would have led termination sort the spot." 343 .Although Kennedy refused discuss the specific problems, Marceca did tell the committee that woman had filed 
claim against him Texas. 344 Marceca testified during 
for civil case filed, that was charged with official oppression for misuse his office.345 that case, Marceca had brought suit for slander against Justice the Peace Lilly Stephenson, whom the FBI interviewed during Marceca's background investigation.346 Judge Stephenson met Marceca while was 
337Kennedy deposition, June 18, 1996, 41. 
assWhite House production OGE 043810. The document form entitled "White House Office 
PERSONNEL FROM OTHER AGENCIES. signed William Kennedy, ill and dated 
February 28, 1994. 
339White House production OGE 054258. Message from Kelli McClure, White House Person
nel Liaison for Management and Administration, Craig Livingstone, dated March 1994 
3:40. 
340Marceca deposition, June 18, 1996, 150. 
34L[d., pp. 151-52. 
342.Letter from Livingstone Secretary Defense Perry, dated 3/17/94; White House produc 
tion 55749. 
343Kennedy deposition, June 18, 1996, 
43. 
344Marceca 
345Marceca No. 94-CA-775-JN, (W.D. Tx. filed Nov. 1994). 
34GSee, Marceca Step enson, No. 94-CA-775-JN, .D. Tx. filed Nov. 1994), deposition 10. 

working for the Texas Attorney General's Office, Medicaid Fraud Division. During the FBI interview Judge Stephenson, she stated, would not hire him [Marceca] serve civil papers from Justice the Peace Office nothing but blow hard and 
[I] could not recommend him for position trust and confidence with the United States Government." 347 Marceca does advance for the Clinton administration 
After Marceca's detail ended remained close contact with Livingstone and volunteered the White House. Before Marceca left the White House had meeting with Livingstone, Lisa etzl and Mari Anderson. that meeting Marceca agreed come successive Saturdays and work with the others finish the Update Project.348 Mr. Marceca claimed that never completed the project because was sent detail Canada cm.s49 Upon his return, was named acting Special Agent Charge his Washington Fraud Team, and stated "didn't have the time anything like that." 350 
Although Marceca did not have time complete the Update Project, apparently did have time advance work for the Clinton administration. May 18, 1994, Marceca left message for Livingstone about advance trip: "He [Marceca] just got off trip Perry (Sec.) [Secretary Defense William Perry]. would [like] talk Craig about what observed." 351 had left message for Livingstone earlier the month stating that he, "cannot [the] trip Normandy."352 the end June 1994 Marceca left message that, "[he] wants lunch/ also wants trip you."353 Mr. Marceca appears have continued work advance trips through 1995 and 1996, according phone messages left for Livingstone. January 1995, Marceca left Livingstone cryptic message: "If you're going 'that' trip, he'll see you are taken care of. Otherwise, he'll talk you later." 354 "That" trip was never identified documents produced the committee. Mr. Marceca called Livingstone September 1995 request assistance getting the advance detail local trip.355. Likewise, December Marceca asked Livingstone schedule him for trip February March 1996. Marceca stated that would willing take weeks leave trip.356 These messages suggest that Marceca stayed 
S7Marceca Stephenson, No. 94-CA-775-JN, (W.D. Tx. filed Nov. 1994), deposition
hibit, FBI 302 dated October 29, 1993. 
34B Marceca deposition, 153. 
349Jd. 
350Jd. asiWhite House production CGE 054252. Message from Tony Marceca Craig Livingstone, dated May 18, 1994 10:25 a.m. 352White House production CGE 054255. Message from Tony Marceca Craig Livingstone, dated May 12, 1994 a.m. 353White House production CGE 054254. Message from Tony Marceca Craig Livingstone, dated June 28, 1994 9:05 a.m. White House 
CGE 054249. Message from Tony Marceca Craig Livingstone, dated January 11, 1:41 p.m. 355White House production CGE 054265. Message from Tony Marceca Craig Livingstone, dated September 13, 1995 10:43 a.m. 35BWhite House production CGE 054248. Message from Tony Marceca Craig Livingstone, dated December 19, 1995 11:43. contact with Livingstone and participated numerous advance trips for the administration. 
Mr. Marceca also contacted Livingstone regarding issues with his FBI background investigation. Mr. Marceca visited Livingstone the Office Personnel Security 11, 1994. During that visit, Marceca reviewed his own background file. explained that Livingstone did not allow him read it, rather accidentally saw it: 
Question. How did you see the report? 
Answer. was visiting White House and was Mr. Livingstone's office, and pulled out a-We were conversation. took telephone call and turned his back, turned around his desk. There was there. was the four five minutes. And reached upand pulled newspaper out and background investigation spilled the floor. picked the background investigations, and the last background investigation pick put back the stack, which happened have been rolled up, was background opened that up, and when saw name-and saw-I briefly read what the FBI said. turned couple pages back, and saw [Mrs. Stephenson], what she said ... looked what Mrs. Stephenson said briefly. read that, and flipped back and saw what Ms. Montagsaid. 
Question. Okay. Now-
Answer. then put the file back underneath the rest the BI's and continued read the newspaper until Mr. Livingstone rejoined the conversation. 
 
Question. And what you did when you picked that report, opened and read it, you committed criminal act, did you not?  
Answer. sir, was cleared look background investigations. 
Question. But not yours? Answer. Sir, that was the fickle finger fate that [report] would fall the floor. 
Question. that not violation your code ethics? Answer. don't believe so, sir. was accidental discovery.357 
After Marceca's "accidental discovery'' his FBI file during his visit the Office Personnel Security September, contacted Livingstone about the FBI again. October 1994 Marceca left message for Livingstone stating; "Got visit from the FBI." 358 December 16, 1994, Livingstone received message from 
s51Marceca Soophenson, Na. 94-CA-775-.Thr, CW.D. Tx. filed Nov. 1994), deposition Anthony Marceca, February 20, 1995, pp. 114-17. ssBWhite Hause production CGE 054268. Message from Tony Marceca Craig Livingstone, dated October 1996 12:35.