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Judicial Watch • OIS Cases FileGate-Exhibits-10-21

OIS Cases FileGate-Exhibits-10-21

OIS Cases FileGate-Exhibits-10-21

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ADDITIONAL VIEWS HON. WILLIAM CLINGER, JR., HON. BENJAMIN GILMAN, HON. CONSTANCE MORELLA, HON. JOHN MICA, AND HON. DICK CHRYSLER 
Nothing the hearing record the entire course our inquiry 
into this matter has established any improper contacts, dealings, relationship whatsoever, between FBI Director Louis Freeh and 
former White House Security Director Crai Livingstone. 
Neither, there any evidence anythmg the record our inquiry (particularly relates the subject matter the inappropriate disclosure FBI General Counsel Howard Shapiro the 
White House), which indicates any intent whatsoever Director Freeh protect the President Mrs. Clinton this matter. 
FBI General Counsel Shapiro's lack judgement ill
vised disclosure the White House, should not viewed
flecting adversely the professionalism independence Direc
tor Louis Freeh, nor the many dedicated men and women the FBI, who proudly serve our Nation well, each and every day. addition, recommend that the future, all supervisory, operational, and line positions, including that general counsel the FBI, shall filled solely FBI agent personnel. 
HON. WILLIAM. CLINGER, JR. 
HON. BENJAMIN GILMAN. 
HON. CONSTANCE MORELLA. 
HON. JOHN MICA. 
HON. DICK CHRYSLER. 

(115) 

MINORITY VIEWS HON. CARDISS COLLINS, HON. HENRY WAXMAN, HON. TOM LANTOS, HON. ROBERT WISE, JR., HON. MAJOR OWENS, HON. EDOLPHUS TOWNS, HON. JOHN SPRATT, JR., HON. LOUISE MCINTOSH 
SLAUGHTER, HON. PAULE. KANJORSKI, HON. GARY 
CONDIT, HON. COLLIN PETERSON, HON. KAREN THURMAN, HON. CAROLYN MALONEY, HON. THOMAS BARRETT, HON. BARBARA-ROSE COLLINS, HON. ELEANOR HOLMES NORTON, HON. JAMES MORAN, HON. GENE GREEN, HON. CARRIE MEEK, HON. CHAKA FATTAH, HON. BILL BREWSTER, HON. TIM HOLDEN, 
AND HON. ELIJAH CUMMINGS agree that the requests White House staff for files former employees were wrong, and have supported the committee's efforts investigate the reasons for and circumstances surrounding the obtaining these records from the FBI. The issue for this committee whether the files were requested for political purposes with the intent getting damaging information these former employees, instead were requested the result errors. 
After taking sworn depositions from dozens present and former White House employees, the committee has uncovered evidence that the individual who requested the files had been ordered purposely obtain them higher-ups the Clinton administration. Nor has uncovered any evidence that anyone higher than Craig Livingstone was aware that the files had been improperly requested. Even more importantly, the committee has evidence that the files were improperly disclosed anyone outside the White House Personnel Security Office. the majority had issued honest report pointing out the deficiencies the Office Personnel Security while acknowledging the lack evidence that was anything more than bureaucratic mistake, would have supported it. But when the majority makes such reckless findings that this somehow ''leads the possibility that the Clinton Administration was attempting prepare political 'hit list'," without even shred evidence testimony supporting that charge, can only conclude that honesty not the majority's vocabulary. This report yet another blow this committee's long tradition oversight which honest, fair, nonpartisan, and credible. addition, the majority's claim that the FBI files would not 
have been revealed without the committee's threat contempt 
disingenuous and inaccurate. The White House never exerted 
claim privilege over the Dale FBI file, and the majority report's 
allegation White House stonewalling more credible here 
than was the Travel Office report. 
(116) 

Further, the majority's shameless attack FBI General Counsel 
Howard Shapiro, career, 
law enforcement professional with unimpeachable 
for actions which were clearly appropriate, outrageous and embarrassment the committee. the majority believes that Mr. Shapiro should resign for disclosing what claims was "confidential law enforcement information," then Chairman Clinger should also resign for disclosing that very information public statement the House Floor. transparently obvious that the majority angry Mr. Shapiro only because his efforts act fair and non-partisan manner thwarted its attempt score points the press. 
For these reasons, strongly dissent. the minority have addressed the problems identified the FBI's report, "The Dissemination FBI File Information the White House" order guarantee that this sort potential invasion privacy could not happen again. support the bill introduced Ranking Minority Member Carcliss Collins, H.R. 3785, the Background Security Records Act 1996, ensure that FBI records containing sensitive background security information provided the White House are properly protected for privacy and security. 
The bill would amend both the Privacy Act and the Presidential 
Records Act enact procedural that individuals could certain their confidential files would not disseminated without their permission. the majority were truly interested conducting responsible oversight and addressing these types problems, they would support these types meaningful legislative reforms. Instead, they are intent turning this serious issue into partisan politics. The have also refused hold even single hearing the 
WHAT THE COMMITTEE HEARINGS REVEALED 
The committee's hearings revealed number relevant facts about the FBI files. learned that was standard practice for each administration engage what now known the Update Project-that is, the recreation personnel security files for holdover employees from the previous administration. This was required, because each administration removes all its files when leaves office. The procedure for requesting files was use preprinted Xeroxed form with the name the White House Counsel typed the top, but requiring signature. These forms date back years the Johnson administration. This procedure was, the FBI found, ripe for abuse, and now appears that these forms were inadvertently used obtain the FBI files former employees. The White House has taken unprecedented steps change these procedures and bring accountability the process, but the files were already requested. 

Witnesses interviewed the committee could only speculate the reasons for what happened. common theme expressed Bush administration White House Counsel Boyden Gray and Nancy Gemmell, longtime-aide the Personnel Security Office, was that the use detailees and interns with insufficient backgTound security name recognition was key problem.1 agTee. Security work extremely sensitive, but there appears have been extremely lax attitude the treatment FBI files. 
One important witness was Lisa Wetzl, who was the first discover that Anthony Marceca had requested "too many files", meaning those longer employed the White House. Ms. Wetz! notified her supervisor, Craig Livingstone, that fact, and proceeded determine which the files involved employees longer working the White House. Although the files should have been returned the FBI, they were boxed and apparently indexed and placed the White House archives, where there evidence they were seen again, with the apparent exception files for active employees mistakenly placed there. 
Ms. Wetzl's testimony extremely relevant, because she has stated that when she worked the Update Project after 
Mr. Marceca, she requested Secret Service list employees her view, the list was out-of-date, and 
with offices. She also recalls seeing out-of-date Secret Service list, which she believes was requested Ms. Gemmell, and used Ms. Gemmell prepare requests the FBI, and that the list may have had the names Marlin Fitzwater and James Baker. June 20, 1996, Secret Service witnesses testified before the Senate Judiciary Committee that they did not believe the list was generated them, but the actual evidence suggests less clear picture. For example, during the committee's depositions Secret Service witnesses, was noted that one case, the White House requested the previous report person named Agin-"A'' "G'' "!" "N". now appears that there was such 
The correct
dividual was named Hagin-"H" "A" "G" "I" just happens 
that Secret Service list from 1993 also listed the individual 
Agin, with space rather than "H" the beginning the 
name. 
The significance this fact that suggests that the White 
House Office Personnel Security was fact working off some 
Secret Service list, and not list generated. This was further 
confirmed Ms. Wetzl, who recalled both Ms. Gemmell and Mr. 
Marceca working off list with the distinctive gTeen and white 
computer paper used the Secret Service. 
The Senate hearing also showed other problems with the Secret 
Service lists. For example, what was described "computer 
glitch", names that were being deactivated from one Secret Service 
passholder list were not automatically being deactivated from
other list. The committee also received list from the White House 
dated March 31, 1993, which may have been generated the
cret Service. That list entitled ''E-Pass Possible Admin Holdover should noted that neither Ms. Gemmell nor Jane Dannenhauer, Mr. Livingstone's predecessor, had any background security issues. 

Passholders Name", and includes among other names, George Bush, James Baker, and Marlin Fitzwater. addition, the committee received list generated February 
part effort develop list White House staff for invitations the White House Easter Egg 
names such Spencer Abraham and Jam.es Baker 
source the names listed follow-up agenda from July 1994, 
between White House personnel and Secret Service shows 
that former employees, such James Baker, continued show Secret Service lists. 
The other interesting fact about the FBI files requests that the requests were made for all other offices, such GSA, before any requests were made for White House staff. there were underhanded effort get the files former White House employees, presumably those files would have been requested first and not last. 
CHAIRMAN CLINGER'S DISCLOSURES 
Ironically, the only public disclosure FBI date has been Chairman Clinger's disclosure the the contents the FBI file Craig Livingstone, which was permitted review the FBI. Contained within this file was the summary report Special Agent Dennis Sculimbrene that White House Counsel Bernard Nussbaum told him that Craig Livingstone had the backing the First Lady, who was friend Livingstone's mother. 

This tidbit was the first item news from our investigations and hearings the FBI files that the chairman deemed important enough take the House Floor. The chairman's special order insinuated that Bernard Nussbaum, Craig Livingstone, William Kennedy and the First Lady must have lied, because they had denied this allegation. 
Perhaps the chairman was just raising issue for investigation; but that could have been done letter the Independent Counsel. can only conclude that the clear purpose the Floor statement was plant the minds the American people the unsubstantiated thought that the First Family and all their lawyers were lying about this matter. Indeed, who after watching this special order wouldn't think they were lying and raise the question why FBI agent would write this note weren't true? 
Yet, just like every other time that there has been wild, unsubstantiated accusation hurled the occupants the White House, only half the facts were released. this case, neither House Members the oor nor the public who was watching were given information the credibility the agent who had written the note. 
The allegation that Mrs. inton was behind the hiring Craig Livingstone and knew his mother was hardly news. Agent Gary Aldrich, friend and colleague Mr. Sculimbrene, had made the charge the Wall Street Journal and his widely discredited book, Unlimited Access. The allegation had also the Wall Street Journal June 25, but this case, was reported have attributed the remark not Mr. Nussbaum, but liam Kennedy and Craig Livingstone. 

Then July 15, what the chairman described his letter Ranking Minority Member Collins not deposition under Rule the committee rules, which requires days written notice, but something called "sworn interview," Mr. Sculimbrene told the majority staff that was Mr. Livingstone who actually told him this fact. also said did not put the statement Mr. Livingstone's background file. 
Mr. Sculimbrene fact has told numerous stories about how came know this so-called fact. might have never known about the discrepancies Mr. Sculimbrene's statements the majority staff his interview, the minority had not insisted getting the transcript, which the majority had initially refused provide. assessing Agent Sculimbrene's credibility, must also look FBI memo the committee's possession, which Special Agent David Bowie stated that Mr. Sculimbrene's behavior was "abnormal and indeed irrational" conversation with him. Agent Sculimbrene, who described the memo close personal friend fired Travel Office head Billy Dale, recalled ''voicing very bitter political feelings against the Clinton White House." Agent Bowie expressed his concern that Sculimbrene, who appeared defense witness the Dale trial, might "provide erroneous testimony." cannot help but wonder why, this allegation was truly troublesome, the committee's investigators did not Craig Livingstone's mother, Gloria, ask her directly whether she knew the First Lady. She has subsequently denied that she does. Perhaps cursory review her background could have revealed there were any truth the allegation. suspect the reason was obviousthey knew she would deny it, and they knew that the more they investigated this matter, the more implausible the allegation would become. must also address the issues whether the FBI should have told the White House about the existence this summary the file, the majority's finding that FBI General Counsel Howard Shapiro provided confidential FBI law enforcement information the White House, and the majority's shameless demand that resign. 
First, obvious that the reason the majority was upset about the notification simply that the White House had opportunity present its side the story the same time the chairman went the Floor, opposed day later. There little doubt that the other side the story would not have been released the chairman and become available the White House. 
Second, the notion that the information was confidential law enforcement information which should not have been shared with the White House absurd. The information, standard practice, was gathered the specific request the White House order determine whether Mr. Livingstone was suitable for employment. was not part some sort criminal investigation. summary that information, including any derogatory information, had already been provided the White House. The information which Mr. Shapiro communicated the White House was not derogatory, nor was confidential far the White House was concerned.