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Judicial Watch • OIS Cases FileGate-Exhibits-10-11

OIS Cases FileGate-Exhibits-10-11

OIS Cases FileGate-Exhibits-10-11

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Marvin:" Will send over file Marceca.359 last name indicated the message; however, Marvin Krislov was Associate Counsel the President December 1994. odd that Livingstone would have Marceca's file sitting out table the vault months after his detail ended. 
Mr. Marceca admitted under oath that had read his own background investigation after longer worked the Office Personnel Security. The information which read his background file was the basis for the lawsuit filed November 14, 1994 against Judge Stephenson.360 Marceca's actions exemplify why imperative that the Office Personnel Security employ only individuals who are professional, circumspect and have demonstrated sense responsibility and discretion. 
After learning more about the backgrounds the individuals control the function requesting FBI background files, all the more difficult believe that the unauthorized ordering hundreds FBI files prior Republican officials was innocent mistake. Mr. Marceca's explanations and excuses are not credible, and his actions merit more investigation.361 
IV. lNrrIAL DISCOVERY "TONY'S FILES" 
Although the public did not learn the White House's unauthorized request over 400 FBI background files until June 1996, White House employees knew about since the fall 1994. Lisa Wetz!, Livingstone's year old Executive Assistant, discovered "an awful lot of" extra files which Marceca had ordered while preparing complete the Update Project.362 There was general understanding the office that the bottom row files the vault, was "Tony's row." 363 Hughes, assistant the Office White House Security, explained that questioned etzl about the files, think. Lisa had explained that they were simply Tony's files. They were files that she was not sure what they were doing there, but they were just kind there, taking space." 364 
When Ms. Wetzl began looking through 'Tony's files," she recog
nized that some the files had been mistakenly ordered after 
identifying Marlin Fitzwater's name.365 She knew that did not 
work the White House anymore.366 Ms. Wetzl told Livingstone 
about her discovery: said, 'Craig, Tony ordered all these files 
previous administration people that don't need."' 367 Ms. Wetzl 
359White House production CGE 054271. Message from "Marvin" Craig Livingstone, dated 
December 16, 1994 11:42. 
aaoMarceca Stephenson, No. 94-CA-775...JN, (W.D. Tx. filed Nov. 1994) 
aGLMr. Marceca's own handwritten notes shaw that was aware that was responsible for 
instructing the Secret Service deactivate prior administration staff. Marceca document pro
duction (unnumbered). Handwritten notes Anthony Marceca, dated August 1993. 
as2wetzl deposition, pp. 41-43. Ms. Wetzl knew about the row files which the office referred "Tony's row" "Tony's files." She was not aware that the files were prior Republican 
administration officials until she began review the files the fall. Id., 67. 
aeawetzl deposition, 65. Ms. Wetzl stated, "The row after row was separate. That was 
Tony's stuff, Tony's project. called Tony's row." 
3640Edward Hughes interview, August 13, 1996, 17. 
ae5 Marlin Fitzwater was President Bush's Press Secretary and Deputy Press Secretary 
President Reagan. 
asswetzl deposition, 43. 
867 Id., 63. 

testified that Livingstone had reaction her statement, nor did instruct her anything with the files.368 
Mr. Livingstone testified that knew that his office had requested Billy Dale's file within "the last year possibly two. also believed that produced Dale's file Associate White House 
Counsel Neil response the GAO investigation the Travel Office, completed May 1994. Mr. Livingstone admitted that had read the contents Billy Dale's file, 
but stated that was the course responding the GAO inquiry. Mr. Livingstone testified that saw the request dated December 20, 1993 for Billy Dale's FBI report, that time.369 Mr. Livingstone was therefore aware that Dale's file was requested months after was fired from the White House Travel Office.370 
Ms. Wetz! set about her task completing the Update Project, 
leaving the files the vault that she could refer them she 
discovered name she might need.371 She never consulted with anyone else nor did she ever contact the FBI regarding the files former Reagan and Bush officials. According Ms. Wetz!, the entire row approximately 430 Republican FBI background investigation files "Tony's row" simply remained the office vault. 
Sometime between December 1994 and February 1995, Wetzl boxed the files and archived them with the Office Records Management (ORM).372 These boxes remained ORM until ORM analyst Tom Taggart reviewed the documents response the committee's December 1995 request. Mr. Taggart notified Associate White House Counsel Natalie Williams that Billy Dale's FBI background file was among the documents archived the Office Personnel Security. Ms. Williams testified that she never reviewed the file notified the committee that Billy Dale's FBI background investigation had been archived Livingstone's office December 1995.373 The document was not produced until May 30, 1996, under threat contempt vote against White House Counsel the President, Jack Quinn. LISA WETZL'S BACKGROUND Ms. Wetzl, who had experience, should not have assumed the 
amount responsibility she undertook 
Prior the Clinton administration, Jane Dannenhauer, the former Director the Office Personnel Security, never allowed detailees from outside the White House interns work the Security Office because the sensitive nature the files and paperwork.374 with the majority Livingstone's assistants, Lisa Wetzl came the Office Personnel Security one the first interns June 1993 after graduating from college May the same year.375 Initially, Wetzl provided general office support, answering phones and typing forms.376 She quickly assumed the
36BLivingstone deposition, June 14, 1996, pp. 81-83. 
369Id., 81. 

371 
July 31, 1996, 24. 
Files hearing, June 19, 1996 81. 
375[d., 
376[d., 10. 

sponsibility checking the Standard Form (SF-86) for accuracy and notifying White House staff any errors.377 
Only months later, Wetzl was hired full-time staff assistant the office. 
Ms. Wetzl testified that her responsibilities "didn't significantly change except that was now there for the long-term could, you know, really get work things that needed get accomplished." 878
She continued "help correct and submit the FBI the Standard Form for new employees."Before Ms.
379 Wetzl came the White House, she had never even seen SF86, however, once Livingstone hired her, she was correcting them
for the FBI.
Ms. Wetzl testified that Nancy Gemmell, holdover employee the Office Personnel Security, trained her read SF-86 forms.881
Ms. Gemmell, however, had never read SF-86 before

the Clinton administration took Ms. Gemmell only
office.88cently learned the procedures follow checking SF-86 for completeness. prior administrations, only the Director the office was permitted review the FBI background files and SF-86 forms.388
Ms. Dannenhauer, however, was not retained staff for sufficient amount time train the new Director and employees, she was during the transition from the Ford Carter administration.884
Ms. Dannenhauer explained, "[Mr. Livingstone] was not there really long while was there. only worked with him probably part-time. would come and maybe there half day ... "385 
Mr. Livingstone did not have the proper training necessary run the Office Personnel Security. was certainly not capable training his staff procedures that himself did not know. Without practical work experience training, Ms. Wetzl should not have been placed position decisionmaking office which handled sensitive information. The fact that nobody the office even thought return the improperly obtained files the FBI shows the lack knowledge required work the Office Personnel Security. Mr. Livingstone testified that the reason did not contact the FBI about the binful files prior Republican administration officials was, 'We were never instructed return materials back the FBI."386 
Neither Livingstone nor Wetzl had the ability think their own and make the determination that Democratic administration should not have hundreds Republican administration files. 
377Jd. 
37Bid. 
a1aId., 14. 
380Id., 15. After Lisa Wetzl left; the Office Personnel Security, Jonathan Denbo, recent 

college graduate, took over the responsibility reviewing the SF-86 forms. Jonathan Denbo 
interview, September 1996, 

38l[d. 
sazsecurity FBI Files hearing, June 19, 1996 46. 
383Jd. 
3BSON. All right, could have possibly 
been the same list that Mr. Marceca used obtain all 
those improper files? possible? 
Ms. WETZL. Anything possible, yes. 
Senator THOM:PSON. you had the files there and you 
had the list there, the Gemmell list? 
Ms. WETZL. Yes. 
Senator THOM:PSON. And you decided destroy the 
Gemmell list, put the burn bag. that. correct? 
403Id. 
404/d.

406Wetzl deposition, 59. Ms. Wetzl testified, ncy, like before, briefly tried before her impending departure how everything, and under
that nted put storage, all had Records Management; Security FBI Files hearing, June 26, 1996, pp. 137-138. Mr. Livingstone testified, "Sir, glad you 
sked that question. The only information that ever got-and can't speak for the rest the 
people here, course-the oruy information ever got about what were with FBI files 
was safeguard them, ensure that they were remanded Records Management the end the administration ... were never instructed return materi back the FBI." 
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