301


       1         A    I do not know.

       2         Q    The next entry is October 18, 1994,

       3    Craig Livingstone, visitee, that's the

       4    President, POTUS, right?

       5         A    Yes.

       6         Q    Requestor Spangler, residence.  Do

       7    you know whether Craig Livingstone took FBI

       8    files to the residence that day?

       9         A    No, I do not.

      10         Q    Now, you were his executive

      11    assistant at the time, correct?

      12         A    Yes.

      13         Q    And you were his executive

      14    assistant at the earlier times I've just

      15    identified with regard to Exhibit 8, correct?

      16         A    Yes.

      17         Q    First page, the very first entry is

      18    an Ellen Livingstone, do you know who that

      19    is?

      20         A    I believe that might be his mother.

      21         Q    Did you ever meet his mother?

      22         A    Yes.








                                                            302


       1         Q    It says visitee, Zwally.  What is

       2    that?

       3         A    I don't know.

       4         Q    Do you know what room 360 is?

       5         A    No.

       6         Q    You have no idea?

       7         A    No.

       8         Q    You don't know whether Craig

       9    Livingstone had given FBI files to his mother

      10    that day?

      11         A    I don't think so, but -- no, I

      12    don't know.

      13         Q    Why was she visiting room 360?  Do

      14    you know?

      15         A    I don't know.

      16         Q    Was she visiting Mrs. Clinton that

      17    day?

      18         A    I do not know.  She could have been

      19    there to help answer the mail.

      20         Q    You are aware that she knows

      21    Mrs. Clinton, correct?

      22         A    That's what I have heard in the








                                                            303


       1    news.

       2              MR. GAFFNEY:  Objection to form.

       3              MR. COHEN:  Just to help everybody

       4    out here, Craig's mother's name is not Ellen.

       5              MR. KLAYMAN:  I don't think that

       6    helps anybody, Mr. Cohen, except it may help

       7    you and your client.  You're not even a

       8    participant at this deposition.

       9              MR. COHEN:  I'm just trying to help

      10    you, Larry, get a clear record.

      11              MR. KLAYMAN:  I don't think I need

      12    your help, Mr. Cohen.  Please certify this.

      13    I don't think it's appropriate.

      14              MR. COHEN:  Fine, disregard it, but

      15    that's not her name.

      16              MR. KLAYMAN:  I object to your

      17    claiming that you're not a party to this case

      18    yet interjecting in my deposition and you

      19    know we have a motion pending to have you

      20    excluded from this deposition, yet you've

      21    chosen to give this person testimony.  That's

      22    wholly inappropriate and sanctionable.








                                                            304


       1    Certify it.

       2              MR. COHEN:  Move on.

       3              BY MR. KLAYMAN:

       4         Q    Third page, 4885, there's a

       5    reference to a Gloria Livingstone.  Do you

       6    see that?

       7         A    Mm-hmm.

       8         Q    Who's Gloria Livingstone?

       9         A    I do not know.  I would assume it's

      10    his mother, but, again, I do not know.

      11         Q    You just said Ellen was his mother?

      12         A    I don't know.  It could have been

      13    his brother's wife.  I've never met her but I

      14    do not know.

      15         Q    Is it your assumption that may be

      16    his mother based on what Mr. Cohen just said?

      17         A    It may be.  It also may be Ellen,

      18    but based on what Mr. Cohen said Ellen is not

      19    his mother.

      20         Q    Do you know whether Craig

      21    Livingstone's mother ever answered mail in

      22    the White House?








                                                            305


       1         A    I do not know.

       2         Q    Now, the reference to Gloria

       3    Livingstone, it says that she's going to Room

       4    84.  Do you know what Room 84 was?

       5         A    That was our office.

       6         Q    There's a reference to Craig

       7    Livingstone visiting State F that day, which

       8    is December 16, 1995.  Do you know what State

       9    F is, as a room?

      10         A    No.

      11         Q    And you don't know whether Craig

      12    Livingstone was carrying FBI files at the

      13    time when he visited State F?

      14         A    No.

      15         Q    There is a reference to Deanna

      16    Livingstone.  Who is Deanna Livingstone?

      17         A    I do not know.

      18         Q    And, of course, there's a reference

      19    to Nathan Marceca, the date being December 3,

      20    1995, visiting POTUS, that's the President,

      21    correct?

      22         A    (Nodding)








                                                            306


       1         Q    Correct?  POTUS was the president?

       2         A    Yes, as I've stated before.

       3         Q    Is that Anthony Marceca?

       4         A    No, that would be Tony's son,

       5    Nathan.

       6         Q    Do you know why he was going to the

       7    President's residence?

       8         A    I'm assuming that there was an

       9    event over at The White House.

      10         Q    But you don't know?

      11         A    I don't know.

      12         Q    How often did you see Nathan

      13    Marceca in The White House when you worked

      14    there?

      15         A    I believe I only saw him once.

      16         Q    Was it on that day?

      17         A    I do not know what day it was on.

      18         Q    Do you know why he came?

      19         A    I do know he came over for an

      20    event.

      21         Q    Do you know what Nathan did for a

      22    living at the time?








                                                            307


       1         A    I know he worked on the Hill.

       2         Q    Do you know who he worked for?

       3         A    I believe he worked for Speaker

       4    Foley.

       5         Q    Did you ever see Anthony Marceca

       6    provide files or folders or any kind of

       7    document to Nathan Marceca?

       8         A    No.

       9         Q    Do you know of anyone who did?

      10         A    No.

      11         Q    Do you know whether Nathan Marceca

      12    professionally was a private investigator at

      13    the time?

      14         A    No.  No.  I believe he was a staff

      15    assistant for -- in the House -- in the

      16    Speaker of the House.

      17         Q    Was he doing investigations?

      18         A    I do not know.

      19         Q    Turn to the next page, 4875, where

      20    it says David Livingstone.  Do you see that?

      21         A    Yes.

      22         Q    The date is March 6, 1996, correct?








                                                            308


       1         A    Yes.

       2         Q    David Marceca, is that a reference

       3    to Craig Marceca?  Is that the same person,

       4    to the best of your knowledge?

       5         A    I do not know.  I would not have

       6    been there.

       7         Q    I'm sorry.  Livingstone.  Do you

       8    know who David Livingstone is?  Is that a

       9    reference to Craig?

      10         A    That may have been.

      11         Q    His name is Craig David

      12    Livingstone?

      13         A    David Craig Livingstone.

      14         Q    And that person is shown as

      15    visiting The White House residence again,

      16    correct?

      17         A    That's what it says.

      18         Q    And you don't know whether Craig

      19    Livingstone was taking FBI files to show

      20    people in the residence, do you?

      21         A    That would be after my tenure.

      22         Q    Did you ever see Craig Livingstone








                                                            309


       1    in the presence of Hillary Clinton?

       2         A    In the presence, no.

       3         Q    Presence?

       4         A    No.

       5         Q    Did you ever hear Craig Livingstone

       6    speaking to Mrs. Clinton over the phone?

       7         A    No.

       8         Q    Do you know of others who did?

       9         A    Speak to Mrs. Clinton?

      10         Q    Heard Craig Livingstone speaking to

      11    Mrs. Clinton.

      12         A    No.

      13         Q    Now, Craig Livingstone did tell you

      14    that he knew Mrs. Clinton, didn't he?

      15         A    No.

      16         Q    He told you he'd met her?

      17              MR. GAFFNEY:  Objection to form.

      18              THE WITNESS:  No.  He never told me

      19    he met her.  He told me he had done advance

      20    trips for the president.

      21              BY MR. KLAYMAN:

      22         Q    And he did tell you that he had








                                                            310


       1    been recommended for the job of White House

       2    security director by Mrs. Clinton, correct?

       3         A    No.

       4              MR. GILLIGAN:  Objection to form.

       5              BY MR. KLAYMAN:

       6         Q    He must have talked to you about

       7    how he got his job?

       8         A    No.

       9         Q    You never asked him?

      10         A    No.

      11         Q    Do you know of others in the office

      12    who asked him that?

      13         A    No.

      14         Q    Never had any curiosity to ask him

      15    how he got his job?

      16         A    He never said that.

      17         Q    Well, did you have curiosity?

      18         A    I had curiosity but I never asked.

      19         Q    Why didn't you ask him?

      20         A    I thought it would be

      21    inappropriate.

      22         Q    Why is it inappropriate?








                                                            311


       1         A    Because I thought that would have

       2    been going over the bounds.

       3         Q    Why?

       4         A    Because I thought it would have

       5    been rude.

       6         Q    Why?

       7         A    Because it is.

       8         Q    Why is it rude?

       9         A    That's the way I was raised.

      10         Q    I'm trying to get an understanding

      11    as to your state as to why asking someone how

      12    they came into that position that would be

      13    rude.

      14         A    That was the way I was raised, that

      15    it's rude to be intrusive into someone else's

      16    personal life.

      17         Q    You called Mr. Livingstone when you

      18    wanted a job, right?

      19         A    But it was not into his personal

      20    life.

      21         Q    You asked him to recommend you for

      22    the job based upon his contact with the








                                                            312


       1    administration, correct?

       2         A    No.

       3         Q    You knew he had contacts with the

       4    administration?

       5         A    He had already extended the

       6    invitation.

       7         Q    Now, you were aware, however, that

       8    Mr. Livingstone had done other things before

       9    he became security director, correct?

      10         A    Yes.

      11         Q    And what other things had he done?

      12         A    He had done advance.  He had done

      13    other political campaigns.  He had done

      14    various work that he had told me about.

      15         Q    You were aware that he also played

      16    the role of Chicken George, correct?

      17         A    No.

      18         Q    He never told you he wore a chicken

      19    suit?

      20         A    No.

      21         Q    You're aware that he had worked in

      22    a bar at one time as a bar bouncer?








                                                            313


       1         A    Yes.

       2         Q    He told you that, right?

       3         A    Yes.

       4         Q    And he told you that over dinner or

       5    over lunch or something like that?

       6         A    In passing.

       7         Q    You asked him, in fact, what have

       8    you done before you came here, correct?

       9         A    In fact, I did not.

      10         Q    So he just blurted out I was a bar

      11    bouncer?

      12         A    It was in the course of a

      13    discussion that we were just having.

      14         Q    And what was the nature of the

      15    discussion?

      16         A    I do not remember specifically.

      17         Q    You were talking about what both of

      18    you had done before you came to The White

      19    House, right?

      20         A    No, we were not.  I do not remember

      21    the specifics of the discussion.

      22         Q    He was proud of the fact that he'd








                                                            314


       1    been a bar bouncer, correct?

       2         A    I cannot speak to the state of his

       3    mind.

       4         Q    In fact, what he said to you was

       5    isn't it amazing I'm White House security

       6    director having been a bar bouncer?

       7         A    You would be incorrect.

       8         Q    So what did he say?

       9         A    He mentioned in passing that at one

      10    time he had been working in a bar as a

      11    bouncer.

      12         Q    And it was your understanding that

      13    Mr. Livingstone had a great deal of

      14    responsibility in that office, was it not?

      15         A    In which office?

      16         Q    The White House Office of Personnel

      17    Security?

      18         A    It was my understanding that he was

      19    director.

      20         Q    And as director, he had control of

      21    highly confidential FBI files, correct?

      22         A    Yes.








                                                            315


       1         Q    And you found it strange that they

       2    would put a bar bouncer in that job, didn't

       3    you?

       4         A    No.

       5              MR. GILLIGAN:  Object to the form.

       6              BY MR. KLAYMAN:

       7         Q    Why didn't you find that strange?

       8         A    He was director of security at the

       9    inaugural.

      10         Q    Did he ever tell you that he'd

      11    received formal training in how to be a

      12    security person?

      13         A    No.

      14         Q    Did you ever ask him?

      15         A    No.

      16         Q    Did you ever ask him for advice on

      17    security matters?

      18         A    Yes.

      19         Q    What advice did you ask him for?

      20         A    In the course of the office, would

      21    this be a violation or do we need to do this

      22    or what is the procedure we should follow








                                                            316


       1    with this.

       2         Q    So basically, Craig Livingstone was

       3    the one who was calling the shots as to what

       4    to do with FBI files, correct?

       5         A    As far as requesting them or

       6    reviewing them?  I'm not sure what you're

       7    saying.

       8         Q    Let's start with reviewing them.

       9         A    Yes, he reviewed them.

      10         Q    That was his decision on whether to

      11    review them?

      12         A    That was his understanding from

      13    previous administration, that he was to

      14    review all the files that came in.

      15         Q    And in fact you saw him on many

      16    occasions reviewing files, did you not?

      17         A    Of current investigations that had

      18    come in, yes.

      19         Q    And also of individuals who no

      20    longer worked in The White House, correct?

      21         A    Of files that we had requested

      22    believing that they were working at The White








                                                            317


       1    House.

       2         Q    But who in fact weren't?

       3         A    To our later understanding, yes.

       4         Q    To your later understanding,

       5    correct?

       6         A    To the later understanding of the

       7    office after we had determined that they had

       8    no longer been working there, yes.

       9         Q    Well, that was your understanding,

      10    was it not?

      11         A    That after he had reviewed them,

      12    yes, we learned they were no longer working

      13    at The White House.

      14         Q    But you can't put yourself inside

      15    Mr. Livingstone's mind to tell me whether he

      16    knew?

      17         A    No, I can't but I can tell you that

      18    in the general office the understanding was

      19    we did not know who specifically had already

      20    left.

      21         Q    Now, you understood that

      22    Mr. Livingstone had no formal training in








                                                            318


       1    security, correct?

       2         A    No.

       3         Q    You knew that?

       4         A    No.

       5         Q    He led you to believe that he did

       6    have training, formal training?

       7         A    I was under the -- I knew that he

       8    had gone through some of the training courses

       9    that they had offered just as other staff

      10    members had.

      11         Q    He told you that?

      12         A    Yes.

      13         Q    What courses did he say he went to?

      14         A    I believe there was one at the CIA,

      15    the National Security Council.  I'm not sure

      16    exactly which ones.  I think maybe the Secret

      17    Service had talked to him, but I don't know

      18    specifically.

      19         Q    Did he ever show you any

      20    certificates that he attended those courses?

      21         A    No.

      22         Q    So, having understood that in fact








                                                            319


       1    he did have security training, you considered

       2    him to be as knowledgeable as Ms. Gemmell,

       3    right?

       4         A    No, we considered Nancy to be the

       5    authority.

       6         Q    But Mr. Livingstone was also an

       7    authority?

       8         A    He was an authority within the

       9    office, yes.

      10         Q    So, if he told you that this is the

      11    way it was, you accepted that?

      12         A    Yes.

      13         Q    And many times you saw him

      14    reviewing FBI files in the vault, did you

      15    not?

      16         A    Sometimes he would review files in

      17    the vault.

      18         Q    And sometimes he'd sit there

      19    reviewing the files at the desk in the vault,

      20    looking at them, correct?

      21         A    If he had a question, he went into

      22    the vault to review something he had already








                                                            320


       1    read.  Initially, he would review the files

       2    as they came into the office before they were

       3    put into the files.

       4         Q    Sometimes you'd see him sitting

       5    there in the vault with a stack of FBI files,

       6    correct?

       7         A    No.

       8         Q    More than one?

       9         A    No.

      10         Q    He looked at them one at a time?

      11         A    I only remember seeing him in the

      12    vault reviewing one that he had already read

      13    and he had a question about and he was going

      14    back to look at it.

      15         Q    There were times that you were not

      16    in the office when Mr. Livingstone was there,

      17    correct?

      18         A    Yes.

      19         Q    And you don't know whether he

      20    reviewed files when you were out of the

      21    office, do you?

      22         A    I have no idea what he did while I








                                                            321


       1    was out of the office.

       2         Q    And you don't know whether, having

       3    reviewed files he then provided information

       4    orally to other people, do you?

       5         A    No, I do not.

       6         Q    Same question with regard to

       7    Mr. Marceca?

       8         A    No, I do not.

       9         Q    You are aware that Mr. Marceca

      10    reviewed files in the vault from time to

      11    time?

      12         A    I am aware that he would review the

      13    files of the update project as they came in,

      14    yes.

      15         Q    And you're also aware that

      16    Mr. Marceca had contact with other people in

      17    the White House, correct?

      18         A    Yes.

      19         Q    And you're aware that he sometimes

      20    visited the residence as well, correct?

      21         A    Yes, he would go to see Nancy and I

      22    can't remember her last name.








                                                            322


       1         Q    Nancy ����?

       2         A    No, Nancy who was over the

       3    residence staff.  She was their personnel --

       4    I think it was Nancy Mitchell, maybe.

       5         Q    Do you know what she did?

       6         A    She was in charge of their

       7    personnel staff, of the hiring and firing.

       8         Q    And you don't know whether

       9    Mr. Livingstone and Mr. Marceca ever spoke

      10    with Mrs. Clinton, do you?

      11         A    No.

      12         Q    And you don't know whether they

      13    ever spoke with the president, do you?

      14         A    No.

      15         Q    And you don't know whether either

      16    of them ever shared FBI information with him,

      17    do you?

      18         A    No.

      19         Q    Who is Regina Livingstone?

      20         A    I do not know.

      21         Q    Do you know what the Room WW is?

      22    This is an entry on March 14, 1996.








                                                            323


       1         A    What page would that be on?

       2         Q    That's page number 4875.

       3         A    WW, I would assume, would be the

       4    West Wing, but I do not know for certain.

       5         Q    Who's in the West Wing?

       6         A    Offices of the President.

       7         Q    But you never heard of someone by

       8    the name of Regina Livingstone?

       9         A    I could have.  I don't remember

      10    specifically.

      11         Q    Did you meet several family members

      12    of Mr. Livingstone?

      13         A    I met his parents and his brother.

      14         Q    Do you remember his brother's name?

      15         A    Steve, I believe.

      16         Q    Do you know what Steve was doing at

      17    the time professionally?

      18         A    He was an engineer with someone.  I

      19    do not know who.

      20         Q    Did he live in Washington or

      21    someplace else?

      22         A    I'm not sure of his exact location,








                                                            324


       1    but I know it was in the Washington area.

       2         Q    Your lawyer, what's his name?  Your

       3    private lawyer?

       4         A    Mark Srere.

       5         Q    Mark Srere has talked with Craig

       6    Livingstone, hasn't he, since this scandal

       7    broke in 1996?

       8         A    I'm not going to answer that.

       9         Q    That's not covered by any

      10    privilege.

      11         A    I don't know the answer to that, so

      12    I'm not going to answer it.

      13         Q    But Mr. Srere has told you he's

      14    talked to Mr. Livingstone?

      15         A    I'm not going to answer that.

      16         Q    Why aren't you going to answer that

      17    one?

      18         A    Because that's a discussion between

      19    my and my attorney.

      20         Q    Have you been told not to answer

      21    that?  Did someone tell you?

      22         A    No, but my gut's telling me not to.








                                                            325


       1         Q    Certify it.  In fact, your

       2    attorney's been in contact with

       3    Mr. Livingstone quite frequently, hasn't he?

       4         A    Not going to answer it.

       5         Q    How's your attorney's last name

       6    spelled?

       7         A    S-r-e-r-e.

       8         Q    Your attorney doesn't represent

       9    Mr. Livingstone, does he?

      10         A    Not to my knowledge.  I believe you

      11    would have to ask Mr. Cohen that.

      12         Q    I'm not asking Mr. Cohen anything

      13    here.

      14              MR. COHEN:  I'd be happy to tell

      15    you, Larry.

      16              MR. KLAYMAN:  I'm sure you would.

      17              MR. GILLIGAN:  Is it possible we've

      18    all shared a smile on this occasion?

      19              MR. KLAYMAN:  It's nice to share.

      20              BY MR. KLAYMAN:

      21         Q    Your attorney's spoken with

      22    Mr. Marceca since this scandal broke,








                                                            326


       1    correct?

       2         A    I do not know.

       3         Q    You don't know or you don't want to

       4    tell me?

       5         A    Both.

       6         Q    But, if you don't know, then you

       7    can tell me, right?

       8         A    No, because I don't know.  I cannot

       9    give you information I do not have.

      10         Q    Who is an Andrea Marceca, do you

      11    know?

      12         A    That would be Tony's daughter.

      13         Q    Do you know what she was doing in

      14    The White House on March 27, 1996?

      15         A    I believe -- oh, '96, no, I do not

      16    know.

      17         Q    Where is Room 457?

      18         A    I do not remember.

      19         Q    Is that in the residence?

      20         A    I would believe that that would be

      21    in the OEOB.

      22         Q    What's OEOB?








                                                            327


       1         A    OEOB, Old Executive Office

       2    Building.

       3         Q    Do you have any understanding as to

       4    whose office that might be?

       5         A    No.

       6         Q    David Marceca, is that his son,

       7    Tony's son?

       8         A    I do not know.

       9         Q    Bonnie Marceca?

      10         A    Do not know.

      11         Q    Do you know what all these Marcecas

      12    were doing in the White House?

      13         A    Again, that is after I left.

      14         Q    Room 8002, where is that?  This is

      15    the last page, 4891.

      16         A    I do not know.  By the numbers, it

      17    looks to be the NEOB, New Executive Office

      18    Building.

      19         Q    Any indication or feeling for who

      20    might be in that office?

      21         A    No.

      22         Q    Then it says Nathan and Tony








                                                            328


       1    Marceca.  These are entries on October 26,

       2    1995.  That says something grounds.  Do you

       3    see that, the room.

       4         A    Yes.

       5         Q    Is that S?

       6         A    I do not know.

       7         Q    Do you know what S Grounds is?

       8         A    I do not know.

       9         Q    Room 182, do you know where that

      10    is?

      11         A    What page are you on?

      12              MR. GILLIGAN:  Are you on a

      13    different page, Mr. Klayman?

      14              BY MR. KLAYMAN:

      15         Q    Different page, 4958, Room 182?

      16         A    I do not know what that would be.

      17         Q    Room 84?

      18         A    That would be our office, as

      19    previously stated.

      20         Q    Do you know who David Richman is?

      21         A    No.

      22         Q    Eric Thomas?








                                                            329


       1         A    No.

       2         Q    You ever heard of Patty Kinoshita?

       3         A    No.

       4         Q    George Kinoshita?

       5         A    No.

       6         Q    You don't know who those people

       7    are?

       8         A    No.

       9         Q    Kimberly Kinoshita?  Ever hear of

      10    any Kinoshitas?

      11         A    No.

      12         Q    You ever meet Lewis Freeh, director

      13    of the FBI?

      14         A    Once.

      15         Q    Where did you meet him?

      16         A    At the FBI headquarters.

      17         Q    What were you doing there?

      18         A    When he was being sworn in, Craig

      19    did the advance.

      20         Q    You are aware that Craig

      21    Livingstone and others in your office were

      22    sometimes in contact with Mr. Freeh?








                                                            330


       1         A    I'm not aware of direct contact

       2    with Mr. Freeh, but I do know that they

       3    exchanged a thank-you note.  That was all.

       4         Q    Have you ever met any of

       5    Mr. Freeh's family members?

       6         A    No.

       7         Q    Have you ever heard them spoken of?

       8         A    Only in the context of Director

       9    Freeh in his capacity as director of the FBI.

      10         Q    You ever heard of a Brendon Freeh?

      11         A    No.

      12         Q    Connor Freeh?

      13         A    No.

      14         Q    Lewis Freeh?  Marilyn or Justin

      15    Freeh?

      16         A    Lewis Freeh, director of the FBI.

      17         Q    Right.

      18         A    That was the only one I had heard

      19    of.

      20         Q    I'll turn your attention to page

      21    number 4952.

      22              MR. GILLIGAN:  Keep going forward.








                                                            331


       1    They're not in order.

       2              BY MR. KLAYMAN:

       3         Q    Now, you see on this page that you

       4    are actually the requesting party to allow

       5    these people into Room 84?

       6         A    Yes.

       7         Q    So you actually had heard of these

       8    people before?

       9         A    Probably.

      10         Q    Does this refresh your recollection

      11    as to who they are?

      12         A    Yes.

      13         Q    Tell me who they are.

      14         A    The family of Mr. Freeh.

      15         Q    What were they doing in Room 84

      16    that day?

      17         A    I cannot tell you.  Do not

      18    remember.

      19         Q    Next page, page 4904, Randy Turk,

      20    you ever hear of Randy Turk before?

      21         A    When you previously mentioned him,

      22    yes.








                                                            332


       1         Q    It says the requester is Hughes,

       2    the visitee is Livingstone?  Who is Hughes?

       3         A    I would have to assume that's Ed,

       4    but this is after my tenure.

       5         Q    Then it lists David Cohen, entry

       6    May 5, 1995; 84, that was your office,

       7    correct?

       8         A    Yes.

       9         Q    What is the room number for

      10    Mrs. Clinton?

      11         A    I do not know.

      12         Q    What is the room number for her

      13    offices?

      14         A    I do not know.

      15         Q    Have you ever heard of a Floyd

      16    Clarke?

      17         A    Not to my memory.

      18              MR. KLAYMAN:  I'll show you what

      19    I'll ask the court reporter to mark as

      20    Exhibit 9.

      21                   (Anderson Deposition Exhibit

      22                   No. 9 was marked for








                                                            333


       1                   identification.)

       2              BY MR. KLAYMAN:

       3         Q    Have you ever seen this document

       4    before?

       5         A    It looks familiar.

       6         Q    It's more than one document.

       7              MR. GAFFNEY:  Would you hand me an

       8    extra copy of that?

       9              MR. KLAYMAN:  Sure.

      10              BY MR. KLAYMAN:

      11         Q    First page of this document is

      12    dated November 18, 1993, from Lewis Freeh to

      13    Craig Livingstone.  You were there at the

      14    time, weren't you, in The White House Office

      15    of Personnel Security?

      16         A    Yes.

      17         Q    And you remember receiving this

      18    letter in and around that time period?

      19         A    I remember Craig showing me the

      20    letter, yes.

      21         Q    Does this refresh your recollection

      22    as to who Floyd Clarke is?








                                                            334


       1         A    No.

       2         Q    Turn to the second page.  That's

       3    number F 01077, photograph of ceremony, from

       4    Craig Livingstone, Director, White House

       5    Security.  Do you know what ceremony's being

       6    referred to, December 28, 1993?

       7         A    I believe it's Director Lewis

       8    Freeh's swearing-in ceremony.

       9         Q    I take it that Craig Livingstone

      10    attended that ceremony?

      11         A    As I had stated previously, we did

      12    advance for that ceremony.

      13         Q    Mr. Livingstone was pretty close

      14    with director Freeh when you were there,

      15    correct?

      16         A    No.

      17         Q    In fact, he told you that he'd

      18    become friendly with him, correct?

      19         A    No.

      20         Q    Did he tell you he'd never met him

      21    before?

      22         A    No.








                                                            335


       1         Q    So you don't know one way or the

       2    other?

       3         A    I know that there was an

       4    acquaintance but I do not know if he was

       5    friends with him, no.

       6         Q    Sometimes Craig Livingstone would

       7    visit Director Freeh at the FBI headquarters

       8    on Pennsylvania Avenue, correct?

       9         A    I do not know.

      10         Q    You did see director Freeh in the

      11    office, did you not, in the White House from

      12    time to time?

      13         A    No.

      14         Q    Did you see any representatives of

      15    Director Freeh from time to time in your

      16    office?

      17         A    If by that you mean do I remember

      18    seeing FBI agents in our office, yes.

      19         Q    Correct.  Which agents?

      20         A    The one agent, Gary, can't remember

      21    his last name --

      22         Q    Gary Aldridge?








                                                            336


       1         A    Yes, he just wrote a book?

       2         Q    Did you ever read his book?

       3         A    No.

       4         Q    Did you get to know Gary Aldridge

       5    pretty well?

       6         A    I got to know who he was.

       7         Q    And he spent some time with Craig

       8    Livingstone and Anthony Marceca?  You are

       9    aware of that?

      10         A    I'm aware that he wrote it.  I

      11    don't remember specifically.  I know he came

      12    into our office from time to time.

      13         Q    You are aware that Craig

      14    Livingstone and Anthony Marceca had lunch

      15    with him at least once?

      16         A    I don't remember that but it's

      17    possible.

      18         Q    During the time that you were at

      19    The White House, did you hear anyone say that

      20    Gary Aldridge was not an honest person?

      21         A    Not to my memory.

      22         Q    Did you hear anyone say that he had








                                                            337


       1    a reputation for not being honest?

       2         A    Not to my memory.

       3         Q    Did you hear anyone say that Gary

       4    Aldridge ever told a lie?

       5         A    Not to my memory.

       6         Q    Did you hear anyone say that Gary

       7    Aldridge was not reputable?

       8         A    Not to my memory.

       9         Q    Was that his reputation?

      10         A    His reputation was that he was an

      11    FBI agent.  He seemed rather nice but I don't

      12    remember anything other than that.

      13         Q    Did you ever hear him say anything

      14    that was inappropriate, in your opinion?

      15         A    Did I ever hear who say anything?

      16         Q    Gary Aldridge.

      17              MR. GILLIGAN:  Object to the

      18    vagueness of the question.

      19              BY MR. KLAYMAN:

      20         Q    You can respond.

      21         A    I don't remember much of what Gary

      22    said.








                                                            338


       1         Q    Did you ever see him express any

       2    animosity towards the Clinton Administration

       3    while he was at The White House?

       4         A    Not to my memory.

       5         Q    Did you ever meet special agent

       6    Dennis Sculimbrene?

       7         A    Yes.

       8         Q    Where did you meet Agent

       9    Sculimbrene?

      10         A    I believe it was in the same manner

      11    that I met Gary Aldridge.

      12         Q    In the course of your work in the

      13    Office of Personnel Security?

      14         A    Yes, they were the two FBI agents

      15    assigned to The White House.

      16         Q    And why did they visit your office

      17    from time to time?

      18         A    The initial reason they visited our

      19    office was to say hello, we are the FBI

      20    agents who will be doing the investigations

      21    for The White House staff, and then a few

      22    other times but not very often, once in a








                                                            339


       1    while, Mr. Aldridge would drop in or

       2    Mr. Sculimbrene would drop in to say we have

       3    a question, we're having problems contacting

       4    this person, can you help us out.

       5         Q    You never heard anyone say that

       6    Special Agent Sculimbrene was dishonest, did

       7    you?

       8         A    Not to my memory.

       9         Q    You never heard anyone accuse him

      10    of lying, did you?

      11         A    Not that I remember.

      12         Q    His reputation was not someone who

      13    was disreputable, was it?

      14         A    I don't remember his reputation.

      15         Q    Did he ever tell you anything that

      16    was untrue?

      17         A    I barely had any conversations with

      18    him so I could not say if -- attest to the

      19    veracity of anything that he said to me.

      20         Q    Did you ever hear anyone say that

      21    he had prepared an FBI report that was false

      22    or misleading?








                                                            340


       1         A    Not that I remember.

       2         Q    Was he a good FBI agent?

       3         A    I have no basis to give you an

       4    answer.

       5         Q    You had seen Anthony Marceca with

       6    Special Agent Sculimbrene from time to time,

       7    hadn't you?

       8         A    Not to my memory.

       9         Q    I'll show you what I'll ask the

      10    court reporter to mark as Exhibit 9 --

      11              MR. GILLIGAN:  Ten.

      12              THE WITNESS:  Are we finished with

      13    9?

      14              MR. KLAYMAN:  Yes.

      15                   (Anderson Deposition Exhibit

      16                   No. 10 was marked for

      17                   identification.)

      18              BY MR. KLAYMAN:

      19         Q    This is a memorandum written by

      20    Special Agent Dennis Sculimbrene regarding

      21    Craig Livingstone on March 13, 1993.  Have

      22    you ever seen this before?








                                                            341


       1         A    No.

       2         Q    Turn to the second paragraph.  It

       3    says, "Bernard Nussbuam, Counsel to the

       4    President, advised that he has known the

       5    appointee for a period of time that he has

       6    been employed in the new administration.  He

       7    had come highly recommended to him by Hillary

       8    Clinton, who has known his mother for a

       9    longer period of time.  He was confident that

      10    the appointee lives a circumspect life and

      11    was not aware of any illegal drug or alcohol

      12    problems.  He said that the appointee will

      13    work at The White House on security matters.

      14    He said that in the short period of time that

      15    the appointee has worked for him he has been

      16    completely satisfied with his performance,

      17    conduct, and productivity.  He recommended

      18    the appointee for continued access in his

      19    current capacity."

      20              Is there anything in this paragraph

      21    that I just read to you that you can tell me

      22    based on your knowledge is false?








                                                            342


       1         A    Considering I had no knowledge of

       2    anything you've just read, no.

       3         Q    Have you ever heard anyone else say

       4    anything that would lead you to believe that

       5    any part of the paragraph I just read to you

       6    is false?

       7         A    I have no knowledge of any of the

       8    facts in that paragraph.

       9         Q    The answer's no?

      10         A    No.

      11         Q    Now, you previously testified that

      12    there did come a point in time when files

      13    were discovered --

      14              MR. GILLIGAN:  Are you referring to

      15    her Senate testimony or --

      16              MR. KLAYMAN:  I'm not referring to

      17    anything.  I'm just playing around here.

      18              BY MR. KLAYMAN:

      19         Q    You did testify previously that

      20    there came a point in time when people in the

      21    Office of Personnel Security discovered that

      22    files had come over from the FBI concerning








                                                            343


       1    previous employees, not current employees,

       2    correct?

       3         A    No.

       4         Q    What did you testify to?

       5         A    I testified previously today that

       6    we realized we were receiving files of people

       7    who had left the White House.

       8         Q    Those are previous employees,

       9    aren't they?

      10         A    Who had fallen under the Clinton

      11    Administration, yes.

      12         Q    And what persons did you uncover or

      13    did you learn of that files were obtained

      14    from the FBI of individuals who left The

      15    White House?

      16         A    I do not remember specific names.

      17         Q    Do the names Marlin Fitzwater and

      18    James Baker ring a bell?

      19         A    I know who they are, but I don't

      20    remember those files.

      21         Q    You are aware that you testified to

      22    that before the Senate?








                                                            344


       1         A    Yes.

       2         Q    That those were the person whose

       3    files came over among others?

       4         A    No, I did not testify to that.

       5    What I testified in the Senate was that I

       6    remember seeing a list that had Mr. Baker's

       7    name on it, the Bushes' name on it, and the

       8    Quales' name on it and also Mr. Fitzwater's

       9    name on it and that rang a bell that we

      10    needed to delete those names from that list.

      11         Q    And you saw that list before you

      12    became aware that their files came over to

      13    the office, correct?

      14         A    I never saw their files come over

      15    to the office.

      16         Q    And how did you come to see the

      17    list?

      18         A    I remember going down to pick up

      19    the list.

      20         Q    Who sent you down to pick it up?

      21         A    They had called because we had --

      22    if I remember correctly, we had requested a








                                                            345


       1    list of all active passholders.

       2         Q    Who had requested it in your

       3    office?

       4         A    The request would have gone out

       5    under Craig's name.

       6         Q    Did you prepare that request, under

       7    his name?

       8         A    Probably but I don't remember.

       9         Q    And you had him sign it, correct?

      10         A    If I remember -- if it's the

      11    appropriate procedures where I normally did

      12    have him sign it.

      13         Q    And that request was ultimately

      14    authorized by someone else in The White

      15    House, correct?  They had ordered Craig to

      16    get that list?

      17         A    I do not know.

      18         Q    You don't know one way or the

      19    other?

      20         A    I do not know.  My understanding

      21    was it was from Craig.

      22         Q    Craig's the one who told you to








                                                            346


       1    prepare the authorization form, correct, to

       2    get the list?

       3         A    Yes.

       4         Q    But you don't know whether someone

       5    else had told him to do that?

       6         A    I do not know.

       7         Q    You were the one that went down to

       8    get the list, correct?

       9         A    If my memory was correct, yes.

      10         Q    Where did you go to get the list?

      11         A    The WAVES operations office.

      12         Q    Who did you see there?

      13         A    I believe it was either J. C.

      14    Pierson or Sergeant Morris Kraft.

      15         Q    Who was J. C. Pierson?

      16         A    She was a sergeant in the WAVES

      17    office.

      18         Q    And the other person's name is?

      19         A    Sergeant Morris Kraft.

      20         Q    And who was that?

      21         A    Also a person in the WAVES office.

      22         Q    And you took the requisition form








                                                            347


       1    with you when you went?

       2         A    No, it had already been sent down.

       3         Q    How did you send it down?

       4         A    Probably walked it down or sent it

       5    down at the end of the day when we sent down

       6    the access list.

       7         Q    And they called you to come get the

       8    list?

       9         A    Yes.  If I remember correctly, that

      10    was generally the way that it occurred.

      11         Q    How was the list provided to you?

      12         A    I'm sorry.  I don't understand what

      13    you mean.

      14         Q    How was the list provided to you?

      15    Was it just given to you as a list?

      16         A    It was given to me on this paper

      17    that was generally about an inch thick folded

      18    in half, "this paper" being Exhibit 2.

      19         Q    It wasn't in an envelope, was it?

      20         A    Not to my memory.

      21         Q    In fact, it was out in the open so

      22    anybody could read it, correct?








                                                            348


       1         A    It was not kept out in the open,

       2    no.  You had to go down to the WAVES office

       3    to pick it up.  Where they kept it in their

       4    office, I do not know.

       5         Q    Let me show you Exhibit 4.  Is

       6    Exhibit 4 an example of the list?  Is that

       7    the list?

       8         A    It looks like the list where I did

       9    mark out their names, yes.

      10         Q    But that wasn't the list that was

      11    actually provided on that day, was it?

      12         A    It could have been.

      13         Q    But you're not sure?

      14         A    I'm not sure.  It could have been.

      15         Q    It might have been a different

      16    list?

      17         A    It might have been a different

      18    list, but I think it was probably this list.

      19         Q    Did any of the counsel that

      20    questioned you before I've had the

      21    opportunity show you a list that looks like

      22    the one you picked up that day?








                                                            349


       1              MR. GILLIGAN:  Objection.

       2    Attorney-client privilege.  I instruct the

       3    witness not to answer that.

       4              BY MR. KLAYMAN:

       5         Q    So you've been shown a list like

       6    that before that you haven't seen today?

       7              MR. GILLIGAN:  Objection to any

       8    questions --

       9              MR. KLAYMAN:  Mr. Gilligan, we

      10    demand a copy of that list.  You basically

      11    just told us that there's another list.

      12    There's an example of where your intervening

      13    actually gave us helpful information.  Thank

      14    you.

      15              MR. GILLIGAN:  I don't follow any

      16    of that, Mr. Klayman.  The only thing I do

      17    know is that you've just asked a question

      18    that is objectionable on the grounds of

      19    attorney-client privilege.

      20              MR. KLAYMAN:  It would appear based

      21    on what just happened that the list she

      22    looked at today is not the actual list, that








                                                            350


       1    you've actually gone over the actual list

       2    with her, yet you've not produced it to us.

       3              MR. GILLIGAN:  Mr. Klayman, you've

       4    drawn mistaken inferences before in this

       5    case; you may draw any inferences you want.

       6              MR. KLAYMAN:  Is there such a list?

       7              MR. GILLIGAN:  I'm not under oath

       8    to answer any questions.

       9              MR. KLAYMAN:  If you're with-

      10    holding, you have an obligation as an officer

      11    of the court to advise the court.

      12              MR. GILLIGAN:  Of what?

      13              MR. KLAYMAN:  Because we've

      14    requested it in discovery.

      15              MR. GILLIGAN:  Everything that we

      16    found that's responsive and nonprivileged to

      17    your discovery request, we've produced.

      18    Again, I'm having trouble following your

      19    train of thought, Mr. Klayman.

      20              MR. KLAYMAN:  Unfortunately, you're

      21    the beholder of what's privileged.  If we

      22    don't even know that something exists because

 

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