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Judicial Watch • OIS Cases FileGate-Exhibits-10-17

OIS Cases FileGate-Exhibits-10-17

OIS Cases FileGate-Exhibits-10-17

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Question. And did she explain the reason why she was asking you review the book? 
Answer. While not inclined talk about the process that led the deliberations this issue, here what feel very comfortable telling you, and that that and others were asked review portions the book and with eye towards whether not there was information that would compromise security the White House. That was particular mission. reported back the line this and, the best knowledge, the outcome was that the White House did not take position one way the other what the FBI should with this matter.532 
The committee has yet determine the purpose the White House Counsels' review Aldrich's book, though not for lack attempts. The committee subpoenaed all notes and memoranda from the White House related the matter. However, Special Counsel 
Jane Sherburne 
that those documents were not "maintained." 533 Why White House Counsel's Office "not maintaining" notes? Why were memoranda created project that ostensibly affected White House security? Were there memoranda that were destroyed? 
Additionally, why did the review pre-publication fall within the purview White House counsel "duties"? Was not more suitably matter for security related agency? The White House's lack response committee requests continue great concern. 
The committee learned September from the FBI that they refused accept back from White House Counsel Jack Quinn copy Gary Aldrich's book Unlimited Access, given Mr. Quinn FBI General Counsel Shapiro. The FBI refused accept the book saying, "Because this document the possession the White House which you have described 'responsive' congressional subpoena, believe would inappropriate for the FBI become involved this matter." 534 The FBI and the Justice Department are under subpoena for these documents. Why the White House playing 
hot potato with Gary Aldrich's book? amazing, but not 
that the White House continues withold documents this committee's investigation. Actions such these increase the skepticism toward this administration. Mr. Quinn should explain his actions trying avoid responding the committee's subpoena. SUMMARY 'YEARS POLfrICIZATION THE FBI 	Past procedures for White House utilized the Department Justice the past, result concerns about the political use the 
FBI, White House contacts have been managed primarily the Department Justice. The Assistant Attorney General committee Chief Investigative Counsel Barbara Olson, September 
10, 1996. 
634 Letter from John Collingwood Jack Quinn, dated September 18, 1996. 

primary liaison for contacts between the White House and the FBI. The current FBI has abandoned that formality. Why has the FBI general counsel now taken the role White House contact? Director Freeh's request, Shapiro has held permanent White House pass since 1993. the committee's knowledge other FBI general counsel has had such unfettered access the White House. First Counsel's Office not staffed with agents the past, FBI Directors have staffed all offices with career agents within the FBI, agents whose loyalty was law enforcement, and not the political winds 
1600 Pennsylvania Avenue. When Freeh was appointed three associates from outside the FBI, created the first Office the General Counsel. the person fill the fist general counsel position the FBI, Freeh chose his long time friend and confidante, Howard Shapiro. his deposition before the committee, Shapiro defended Director Freeh's decision staff the FBI with nonagent attorneys. said: 
And had-although had some absolutely, and still do, some absolutely fabulous agent attorneys who had decided make career it, for the most part thought could improve the 
and the experience and the expertise the office transitioning from agent attorneys nonagent attorneys.535. 
Although Shapiro and Director Freeh may have intended "improve the quality'' the attorneys the FBI, they have politicized the FBI, through the actions Shapiro which indicate the astute political skills and the intent protect the President and Mrs. Clinton. Shapiro, whether the behest Director Freeh not, has been the most prolific contact with the Clinton administration and the White House-it's ally the FBI. His permanent White House pass and frequent White House visits allowed and encouraged the spreading information the White House "affected party." Travel Office, FBI files, and Aldrich book 
Evidence the White House's political use the FBI can found the Travel Office scandal, the improper retrieval FBI files and the improper dissemination manuscript the White House. the Travel Office matter, the White House improperly requested that the FBI conduct investigation into the fired Travel Office employees. The Clinton administration has made liberal use the FBI and tarnished its reputation the process. 
VIII. SECRET SERVICE EXPLANATION INTRODUCTION 
When was revealed that the White House had inappropriately sought and obtained hundreds FBI files former Reagan and Bush officials, the first line defense adopted the White House 
636 Shapiro deposition, 18. 

came from Craig Livingstone's attorney and was adopted the White House.536 
Mr. Livingstone's attorney, Randall Turk, who interviewed number other form.er White House employees about the matter when Billy Dale's FBI file was discovered, claimed the matter had "completely innocent explanation" and blamed the problem "Secret Service list that still contained Dale's name current 
White House until August 1993, long after Mr. Dale's name was removed current White House passholder and his Secret Service pass summarily revoked. 

Another attorney for Livingstone, David Cohen, claimed that 
were some names Secret Service lists that needed removed 
and Livingstone lmew that was his job remove them.540 
There was list after May 19, 1993 which would have contained Mr. Dale's name "current White House passholder," 
since Mr. Livingstone himself sent memo the Secret Service 
Mr. Dale and his colleagues "do not admit" status the 
House, May 19, 1993.541 the hundreds FBI files that were gathered Livingstone and Marceca, most them were never "current White House passholders" any time 1993. the Secret Service concluded the committee's July 17, 1996 hearings The Security the FBI Files, any list created 1993, most the 476 names individuals whose files were improperly obtained would have been listed inactive.542 The explanations offered the White House and Livingstone were implausible from the start but, since the Secret Service not position publicly respond such attacks, the assault the Secret Service served its purpose useful tactic shift blame. 
But even Livingstone had hard time sticking with the "blame 
the Secret Service" strategy. June 1996, the very day his
torney was blaming the Secret Service, Livingstone went Secret 
Service Agent Arnold Cole discuss the matter. his deposition, 
Agent Cole revealed: 
536White House Admits Hauing Background Files, the Washington Post, June 1996, Al. 
537 1:41 p.m.
538 "White House Admits Hauing Background Files" the Washington Post, June 1996. 
539 "Panetta Offers ApololJJ Duer Files 'Mistake"', the Washinon Post, June 10, 1996. 
540 Confidential memorandum from Craig ingstone William Kennedy, undated. ing

stone refers the date which the will expire March 15, 1993. 
From this information, the committee this memorandum between 
March 1993 and March 15, 1993. May 19, 1993 memo from 
542Security FBI Files hearing, June 1996 received phone message that Craig Livingstone wanted see about case. the same day, approximately 3:45 p.m., met with Mr. Livingstone outside his office the Old Executive Office Building. briefly discussed temporary passholder case under review. 
Unsolicited, Mr. Livingstone asked whether not had seen the press release made his attorney concerning the Billy Dale files. responded the affirmative, which point Mr. Livingstone stated, "We just wanted you guys know that weren't blaming the Secret Service. Using old list was our fault, and had the current stuff you guys gave us. don't know what happened." told Mr. Livingstone that did not think could blame us. Basically the conversation was terminated and reported supervisor.543 
Cole testified before the committee that had clearly briefed Livingstone the use Secret Service lists.544 any rate, combination errors attributed the White House the Secret 
Service can explain how and why the Office Personnel Security 
obtained hundreds FBI files former Reagan Bush offi.cials.545 testimony before the Senate Judiciary Committee June 28, 1996, Livingstone appears deny talking anyone the Secret Service about the matter: 
Senator ABRAHAM. Once this was reported, mean, few weeks ago, when became clear that there were some files that were this category are ing, did you talk the FBI, the Secret Service, anybody about how this could have happened? 
LIVINGSTONE. remember talking lot because was mortified once became apparent had, and informed counsel. recall specifically, informed counsel, and counsel informed White House counsel later that night, separate from me. The FBI cam.e immediately and removed the files. 
Senator ABRAHAM. You had talked the FBI then and 
the Secret Service about it? 
Mr. LIVINGSTONE. No. 
Senator ABRAHAM. You never did that point? 
Mr. LIVINGSTONE. No.546 

Livingstone did speak with the Secret Service about this matter. Agent Cole, decorated Secret Service employee, testified that Liv

Cole asked him thought his office was bugged and Livingstone "indicated [Cole] that just didn't think was safe talk his office." 548 
While the White House continued place blame the Secret Service, one from the White House ever contacted the Secret Service make any complaints about any problems with Secret Service lists.549 When Secret Service Agents Libonati, Undercoffer and Cole testified before the committee July 17, 1996, became clear that the Secret Service was not culpable for the "egregious violations privacy" that took place the Office Personnel Security. The Secret Service spent extraordinary amount time and resources carefully reviewing the quality information they provided the White House. There were systemic problems for which the Secret Service responsible that would account for these actions.550 THE SECRET SERVICE'S ROLE OBTAINING WHITE HOUSE ACCESS 
The Secret Service maintains the E-Pass system. computerized access and pass holder system that produces hard passes for the White House and computer printouts pass holders. The lists produced the E-Pass system: are used show who has and who does not have the White House. John Libonati, Supervisory Special 
with the Secret Service, testified before the committee that printouts are not designed, and should not used for other purposes. The printouts are produced for uses related access issues." 551 Agent Libonati testified, "the request for FBI files any 
White House administration made solely for active employ
ees." 552 The Secret Service provides lists active employees, inac master list which contains the names
24,000 active and inactive White House passholders 

the previous years.553 Letter from William Pickle, Executive ssistant the Director the Secret Service, Chairman Clinger, August 23, 1996.554 
The master List, kept the Secret Service, includes categories File Number; First, Middle, and Last Names; Pass Type; Month, Date and Year, Date Birth; Status; Month, Date, and Year; and Office Name. The pass type indicates the areas which the passholder has access. The first listing month, date, and year listed only for those whose pass scheduled expire, and the date listed the date expiration. The office name the office which the passholder works. The status the place where
648Id., 184. 
FBI Files hearing, July 17, 1996, 44. 

statement Agent Libonati. 
oo3Id., pp. 27-28; August 23, 1996, William Pickle, Executive Assistant the Director the Secret Service, wrote Chairman Clinger explain why the Secret Service retains worth inactive passholder records. wrote, "In April 1982, study was conducted the Secret Service Office Management and Organization. The study concluded that due 8-year retention period would recommended the National Archives for review. The request was reviewed and approved
chives appraisers January 1983." 
55"Thus, Secret Service Records would include the names and status those who held White 
House passes for years.  

tation made whether the 
access "active" "inactive." That status THE LISTS USED THE WlilTE HOUSE OFFICE PERSONNEL 
SECURITY 
One the excuses offered the White House why the
fice Personnel Security 
obtained FBI ba9kground files was that they were updating files because the previous administration had removed all personnel files from the White House. According the Clinton administration, the listlrovided them from the Secret Service, which they used fin out who should have access the White House, incorrectly included 
names people from administrations who should not have had access the House. White House officials insistently refer the Secret Service's list defective. 
Craig Livingstone testified before the committee, "[T]his mistake occurred simply because the passholder list provided office the Secret Service contained some names former staffers who longer had access the White House complex, interspersed among the names actual, current passholders and others who continued have access." 555 Liza Wetzl, now Confidential Assistant the Secretary the Army, testified before the committee that, concluded that Tony must have ordered previous 
ports for every person 
whatever out-of-date Secret Service list had been working from." 556 This was attempt shift the blame for improperly ordering hundreds FBI background files from the White House the Secret Service. However, learned that any list that was produced 1993, would have identified the vast majority the people whose files were wrongfully obtained "Inactive." the time Livingstone and Marceca testified, the committee did not have the benefit documents withheld the White House. When the White House finally produced subpoenaed documents, they revealed that the White House knew that was required keep the Secret Service apprised changes those with access. 557 These memoranda demonstrate that the White House clearly knew that remove names from acce.ss lists was their job. THE ONLY LIST THEY COULD TALKING ABOUT 
Because had been accused the White House accurate lists for use the White House Security cret Service undertook exhaustive audit their E-Pass system and any lists that may have been provided the White House. hearings before this committee, the Secret Service spoke detail about the lists available the White House. 558 
Agent Libonati described the information
hich led the search for mistakes Secret Service lists. 
Libonati told the committee, ''Upon receipt two lists 
total 476 individuals 
665Security FBI Files hearings, June 26, 1996, 30. 
666Jd., 47. 

557 Memorandum from Craig Livingstone, Director White House Security Arnold Cole; people restricted access. They are restricted from gaining access without written authorization Mr. David Watkins." Document 
ssssecurity FBI File hearing, July 17, 1996, pp. 24--41.