401
         1     Civility and Society, I believe that is it.

         2               It is a remarkable group of mostly

         3     academics, and Justice Breyer was addressing

         4     them that night in Washington.  They

         5     generally met in Pennsylvania.  They came to

         6     Washington to be addressed by Justice Breyer.

         7     I had to miss it.  I can't remember why.

         8          Q    Is he related to Breyer's ice

         9     cream?

        10          A    I don't know.  I missed that event.

        11          Q    Is he from Philadelphia?

        12          A    Breyer.  No, I don't think so.

        13          Q    Who is Rick Dunham?

        14          A    He is a writer for Business Week

        15     magazine.

        16          Q    Before that at 4:00 p.m., you had

        17     some called Ethics Training?

        18          A    Yes, sir.

        19          Q    Who provided that training?

        20          A    I think the office of White House

        21     counsel.

        22          Q    What were they teaching?









                                                             402
         1          A    They were teaching the ethical

         2     rules of travel, of gifts, of post-employment

         3     restrictions, that sort.  They do it in a

         4     very entertaining way.

         5          Q    Do they teach you how to clean out

         6     your documents from time to time?

         7               MS. SHAPIRO:  Objection.

         8               THE WITNESS:  It is really a

         9     terrific course.

        10               BY MR. KLAYMAN:

        11          Q    You have heard of document

        12     retention; have you not?

        13          A    No, I don't know that term.

        14          Q    Has anybody provided any advice in

        15     the White House how long you should keep

        16     documents?

        17          A    No, my assistant turns over to

        18     records management whatever she does not keep

        19     that are not active.

        20          Q    Who at records management gets your

        21     documents?

        22          A    I have not the slightest idea.









                                                             403
         1          Q    What is the criteria?

         2          A    Something I am not using any more,

         3     not current or active.  A classic example

         4     would be a speech that the President had

         5     already given, that the event was over.

         6          Q    Is there any directive in your

         7     office to shred documents or throw them away?

         8          A    No.

         9          Q    So everything would be turned over

        10     to records management?

        11          A    Any schedule of the President's is

        12     but in a burn bag.  That is a security rule.

        13          Q    Any other directives on destroying

        14     documents?

        15          A    I don't know if I am allowed to say

        16     that.

        17               MS. PAXTON:  You already have.

        18               BY MR. KLAYMAN:

        19          Q    Any other directives on destroying

        20     documents?

        21          A    No, I don't have a shredder.

        22          Q    In response to Judicial Watch's









                                                             404
         1     notice of deposition, you did not ask records

         2     management to do a search; did you?

         3          A    I asked my assistant.  I don't know

         4     if she looked to records management or not.

         5          Q    You're not sure?

         6          A    I'm not sure.

         7          Q    You didn't specifically tell her to

         8     look to records management?

         9          A    I impressed upon her that this was

        10     a serious matter, and we needed to find

        11     everything.  I hold forth as a good example

        12     that in good faith, that even passing

        13     references in larger documents were

        14     discovered and provided to you.

        15          Q    You didn't specifically tell her

        16     make sure you check with records management?

        17          A    I can not recall.

        18          Q    Yes or no?

        19          A    I can't recall.

        20               MR. KLAYMAN:  I will make a request

        21     that we search records management.

        22               MS. SHAPIRO:  Records management









                                                             405
         1     has been searched.

         2               MR. KLAYMAN:  Not with response to

         3     his deposition.

         4               MS. SHAPIRO:  I think our response

         5     to his most recent document request speaks

         6     for itself.  You have that document.

         7               MR. KLAYMAN:  It does speak for

         8     itself.  It has not been searched.  I am

         9     asking you to do it.  If I have to move, I

        10     will ask for attorneys fees and costs.

        11               MS. SHAPIRO:  Again, it speaks for

        12     itself.

        13               MR. KLAYMAN:  It does, and he came

        14     up with documents that were not produced the

        15     first time.

        16               MS. SHAPIRO:  I will not get in a

        17     legal argument with you.  That is on the

        18     record.

        19               BY MR. KLAYMAN:

        20          Q    January 29, 1998, who is Joe

        21     Rosapeppi?

        22          A    He is America's ambassador to









                                                             406
         1     Rumania.

         2          Q    Who is Joy Howell?

         3          A    I did not meet with her.  She works

         4     for Senator Torricelli, but I did not meet

         5     with her.

         6          Q    Who met with her?

         7          A    Nobody.  It just didn't come

         8     together.

         9          Q    Have you met with Senator

        10     Torricelli in the last several months?

        11          A    I have seen him, I think; I can't

        12     remember.  Ms. Howell is from Texas and knows

        13     friends of mine in Texas.  I don't her very

        14     well, but she called me at one point and said

        15     we have a lot of friends in common in Texas,

        16     and we ought to get together.  It never came

        17     together.

        18          Q    Torricelli has been enlisted to

        19     push for an investigation of Starr in the

        20     Senate?

        21          A    I don't know about enlisting.  He

        22     has been outspoken.









                                                             407
         1          Q    You met with him about that?

         2          A    Not to my recollection.

         3          Q    You have talked to him about that?

         4          A    I've probably seen him.  I might

         5     have called him if he made a good appearance

         6     on TV.  I can't remember.  I know him.  I

         7     never worked for him.  I like him.

         8          Q    You discussed his counter attack on

         9     Ken Starr; haven't you?

        10          A    I can't recall.  I might have

        11     called him again to thank him or congratulate

        12     him for a particular good performance on TV.

        13     As you know, some of those things are

        14     stressful.

        15          Q    He is a White House ally?

        16          A    I wouldn't rule that out.  He is a

        17     United States Senator from an important

        18     state.

        19          Q    And a White House ally.

        20          A    On some things, and on other

        21     issues, no.  He is a very independent person.

        22          Q    Ann Lewis, is she a White House









                                                             408
         1     ally?

         2          A    No, she is a White House employee.

         3     She is a communications director.

         4          Q    How do you define White House

         5     alley?

         6          A    I don't.  It is not my phrase.

         7          Q    Anybody friendly with the White

         8     House?

         9          A    It is not my phrase.  I don't want

        10     to be called upon to define somebody else's

        11     phrase.

        12          Q    Did you ask George Stephanopoulos

        13     what he meant by that?

        14          A    No, sir, I did not.

        15          Q    Did you ever ask anybody else?

        16          A    No, sir, I did not.

        17          Q    Did you have any conversations with

        18     John Conyers in the last three months?

        19          A    I saw him at a Democratic retreat,

        20     had a very brief conversations with him.  I

        21     see him from to time at events in the White

        22     House.  I haven't been to his office or









                                                             409
         1     anything like that.

         2          Q    Have you discussed his attack on

         3     Ken Starr?

         4          A    I can't recall with specificity.  I

         5     have run into him at various occasions.

         6          Q    Have others discussed the strategy

         7     against Ken Starr with Congressman Conyers?

         8          A    I do not know.

         9          Q    He is a White House ally; isn't he?

        10          A    He is very powerful member of

        11     Congress.

        12          Q    He is a White House ally?

        13          A    On some issues he agrees with us,

        14     on some he disagrees.

        15          Q    Congressmen do have the ability to

        16     get FBI files; don't they?

        17          A    I have no idea.  I have no idea how

        18     FBI files are used or misused.

        19          Q    February 4th, 2 p.m. meeting with

        20     Hong Kong business people?

        21          A    Never came together.

        22          Q    Who were the Hong Kong business









                                                             410
         1     people you were going to meet with?

         2          A    I don't know who they were.  They

         3     were business people.  From time to time I

         4     will speak with groups who are coming but

         5     beginning something must have come up that

         6     day and I never did it.  I have nothing

         7     against it, I give speeches from time to

         8     time.  I just never did that particular

         9     event.

        10          Q    Was Charlie Trieh going to be part

        11     of that group?

        12          A    Not to my knowledge, no, sir.

        13          Q    Friday February 6th, Ambassador

        14     Bagley and Streisand dinner?  What's that?

        15          A    I attended a dinner at Ambassador

        16     Bagley's house in honor of the singer and her

        17     new boyfriend.

        18          Q    Who is Elizabeth Wood?

        19          A    She -- I wound up not having lunch

        20     with her.  She is a friend of my priest if

        21     Texas who has newly moved to Washington.  In

        22     part because of the garbage I have been drawn









                                                             411
         1     into lately I have not had time to take her

         2     to lunch.

         3          Q    Who is your priest in Texas?

         4          A    Do I need to name my priest?  I

         5     have no knowledge of FBI files.  I have a

         6     lovely friend who is a priest in LaPort,

         7     Texas who is a source of comfort, inspiration

         8     and support to me.

         9          Q    You may have talked to the priest

        10     about important things?

        11               MS. SHAPIRO:  I object that is

        12     ridiculous.  Not only are you really into the

        13     realm of the absurd, even if he communicated

        14     with his priest, that is privileged anyway.

        15               MR. KLAYMAN:  It is not privileged.

        16     Not in Texas.

        17               MS. SHAPIRO:  It is --

        18               MR. KLAYMAN:  It is not privileged

        19     in D.C. either.

        20               MS. SHAPIRO:  He is not going to

        21     name his priest.

        22               BY MR. KLAYMAN:









                                                             412
         1          Q    You are not going to name your

         2     priest?

         3          A    I would like have some scrap of

         4     privacy.  This guy is not political.

         5          Q    Name your priest, I will name my

         6     rabbi?

         7          A    I am very aware of the fact that

         8     this is public.  I don't want a nice guy in a

         9     small town bothered.  That is all.

        10          Q    Is it going to besmirch your

        11     priest?

        12          A    It might actually.  The truth is

        13     there are a lots of people who don't like the

        14     President, don't like me.  He ought to have

        15     at least his life to himself.

        16          Q    We will certify that.  Who is

        17     Secretary Dalton?

        18          A    Secretary of the Navy.

        19          Q    Who is Vicki Radd?

        20          A    She was departing the White House,

        21     White House staffer.

        22          Q    Is that the same Radd that drew up









                                                             413
         1     your partnership agreement?

         2          A    Yes, it is.

         3          Q    What was she doing at the White

         4     House?

         5          A    She most recently had been

         6     assistant to the Chief of Staff working on

         7     Fast Track.  Before that she worked on other

         8     issues.

         9          Q    Did you get her her job?

        10          A    No, sir I did not.  She got that on

        11     her own.  She had been in communications

        12     department before then, and was working with

        13     Erskin when I came on.

        14          Q    You have kept in contact with her;

        15     haven't you?

        16          A    Not since she left.

        17          Q    Before then?

        18          A    Sure, yes, she is a friend of mine.

        19          Q    Where is she located?

        20          A    D.C.

        21          Q    What is her office address?

        22          A    I don't know.  She just --









                                                             414
         1          Q    What part of town?

         2          A    I don't know.  She just left the

         3     White House a few weeks ago.  I don't know

         4     what she is doing for a living.

         5          Q    The 12th of February, Texas

         6     executive Barbara Jordan, Patton Boggs?

         7          A    Right.  Texas Exes which is the

         8     alumni groups of my college had an event at

         9     the law firm of Patton Boggs in which I spoke

        10     in honor of Barbara Jordan.

        11          Q    Have you had any contact with

        12     Michael Brown in the last 6 months?

        13          A    I saw him in passing.  He came to

        14     the White House in some event in honor of his

        15     father's memory.

        16          Q    You ever have talked to him about

        17     the Clinton so-called scandals?

        18          A    No, not to the best of my

        19     recollection.

        20          Q    February 20th, Emily's Lists,

        21     campaign management.  Who is Emily?

        22          A    Emily's List is a democratic or









                                                             415
         1     progressive, I don't know what their

         2     particular stripe is, it is a political

         3     organization that brought people to

         4     Washington for -- to train them how to work

         5     in politics, and I spoke to them.

         6          Q    Who is Steve Rigley?

         7          A    Steve Rigley is the Chief of Staff

         8     of the Governor of Georgia.

         9          Q    Sell Miller?

        10          A    Governor of Georgia.

        11          Q    Ellen Tousher, T-o-u-s-h-e-r?

        12          A    She is a Congressman from the State

        13     of California.

        14          Q    Larry Summers?

        15          A    Assistant secretary of the

        16     Treasury.

        17          Q    March.  Jim Angle, A-n-g-l-e, who

        18     is he?

        19          A    He is a reporter for the Fox

        20     network.

        21          Q    The 18th of March, Madhu Chugh,

        22     M-a-d-h-u, last name C-h-u-g-h.  Who is that?









                                                             416
         1          A    She is a former student of mine

         2     from the University of Texas coming up here

         3     in search of a job.

         4          Q    Have you ever recommended any White

         5     House interns for jobs?

         6          A    Yes, sir, I have.  My intern I

         7     recommended for a job.

         8          Q    The one working for you?

         9          A    The one who worked me when I began

        10     in the White House.

        11          Q    Who was that?

        12          A    Melissa Prober.  I gave you her

        13     name this morning.

        14          Q    Where does she located?

        15          A    She lives here in Washington, she

        16     is here in the metropolitan are.

        17          Q    Tom Johnson Conrad Black?

        18          A    I have not attended that yet.  Tom

        19     Johnson is the president of Cable News

        20     Network.  I don't know who Conrad Black is.

        21     Bob Novak has invited me to a dinner with

        22     him, in honor of the gridiron.  Truth is, I









                                                             417
         1     probably won't be attending.

         2          Q    Who is George Condon?

         3          A    He is the White House correspondent

         4     for the Copley News Services invited me to

         5     the gridiron dinner.

         6          Q    Who invited you, if anyone, to the

         7     Women's Leadership Forum?

         8          A    Whoever runs the Women's Leadership

         9     Forum.  I can't recall her name.

        10          Q    Who is Terry Hunt?

        11          A    Terry Hunt is the Washington bureau

        12     chief of the Associated Press.

        13               MR. KLAYMAN:  I will show you what

        14     I will ask the court reporter to mark as

        15     Exhibit 16.

        16                    (Begala Deposition Exhibit

        17                    No. 16 was marked for

        18                    identification.)

        19               BY MR. KLAYMAN:

        20          Q    Showing you Exhibit 16, this is a

        21     memorandum from Craig Livingstone to William

        22     Kennedy, Associate Counsel, dated









                                                             418
         1     March 17, 1993 concerning procedures to

         2     receive a permanent pass.

         3               Mr. Begala, have you ever seen this

         4     document before?

         5          A    Not to the best of my recollection.

         6          Q    But you may have seen it?

         7          A    It doesn't look familiar.

         8          Q    Take an opportunity to review this

         9     document.

        10          A    I have looked at it.  It is not

        11     familiar to me.

        12          Q    Does this refresh your recollection

        13     as to how you get a permanent security pass

        14     in the White House?

        15          A    Not really.  It sets out some

        16     procedures.  I don't know if those are the

        17     actual procedures.

        18          Q    Have you ever known how you get a

        19     permanent security pass in the White House?

        20          A    I went for an FBI security check.

        21     I filled out a number of forms of great

        22     complexity and detail and was issued a pass.









                                                             419
         1               MR. KLAYMAN:  I will show you what

         2     I ask the court reporter to mark as Exhibit

         3     17.

         4                    (Begala Deposition Exhibit

         5                    No. 17 was marked for

         6                    identification.)

         7               BY MR. KLAYMAN:

         8          Q    Showing you Exhibit 17, Mr. Begala,

         9     have you ever seen this document before?

        10          A    Not that I recall, no, sir.

        11          Q    You see on the second page it has

        12     your name, Paul Begala?

        13          A    I see it, sir.

        14          Q    At 1/23/98 it says EOP access list?

        15          A    Yes, sir.

        16          Q    What is EOP access list?

        17          A    I don't know.  It is not a term I

        18     am familiar with.

        19          Q    1/26/93 temp White House pass; do

        20     you know what that means?

        21          A    I am not familiar with any of these

        22     terms.









                                                             420
         1          Q    6/7/93 temp NGS pass; what does NGS

         2     mean?

         3          A    I don't know.  I am sorry.  It is

         4     not my area of specialty.

         5          Q    February 13, 1995 it says pass

         6     deleted.

         7          A    I don't know what that means

         8     either.

         9          Q    Does that mean that you passed out?

        10          A    It may be when my pass was

        11     reclaimed.  I don't know.  I am speculating.

        12          Q    That was around the time that it

        13     was reclaimed?

        14          A    I can't remember.  It was '95.  I

        15     left in the middle of that year.  It might

        16     have been the beginning of that year.

        17          Q    3/21/94, SF-86 signed.  What does

        18     that refer to?

        19          A    I don't know.

        20          Q    6/16/94, BI completed.  What does

        21     BI mean?

        22          A    I don't know.









                                                             421
         1          Q    12/26/93 temporary residence pass.

         2     Does that mean you have a temporary residence

         3     pass?

         4          A    I'm sorry.  I don't see that.

         5          Q    Next page.

         6          A    That is not under my name.

         7          Q    That is somebody else?

         8          A    Yes.

         9          Q    Did you ever have any contact with

        10     a Christopher D. Cerf?

        11          A    No.  The name does not ring a bell.

        12          Q    Kathleen M. Whalen, W-h-a-l-e-n?

        13          A    I think there was a person in the

        14     White House counsel's office by that name,

        15     but I can't recall with any specificity.

        16          Q    To the best of your knowledge, has

        17     Mr. Carville ever been arrested?

        18          A    I have no idea.

        19          Q    Has he ever been convicted of a

        20     crime?

        21          A    Not in the time I have known him.

        22          Q    Have you ever been convicted of a









                                                             422
         1     crime?

         2          A    No, sir.  Speeding.

         3          Q    You were convicted of a speeding

         4     crime?

         5          A    Sure, speeding, driving too fast, a

         6     violation of the --

         7          Q    Did you plead guilty?

         8          A    Sure, I was speeding.

         9          Q    We have certain requests

        10     outstanding during this deposition,

        11     Mr. Begala.  I am asking your counsel if you

        12     will comply, if you can let me know by noon

        13     tomorrow whether you will comply voluntarily

        14     to those requests and we will send to you, we

        15     will send to you tomorrow morning what

        16     specifically those requests are and ask that

        17     you respond to us say by noon.

        18               MS. SHAPIRO:  You know, if at all

        19     possible, I would like until Thursday,

        20     because we have a brief due tomorrow in this

        21     case, and I am extraordinarily busy having

        22     spent the entire day here today.  I would









                                                             423
         1     appreciate that courtesy.  I will respond to

         2     you.

         3               MR. KLAYMAN:  How about noon on

         4     Thursday?

         5               MS. SHAPIRO:  That is fine.

         6               BY MR. KLAYMAN:

         7          Q    Did there come a point in time,

         8     Mr. Begala, when you were banned from the

         9     White House because of a book written by Bob

        10     Woodward called The Agenda?

        11          A    I don't think I was banned, but I

        12     was certainly not Leon Pinetta's favorite

        13     person.

        14          Q    What was it about that book that

        15     irritated Pinetta?

        16          A    I called him a poster child for

        17     economic constipation.

        18          Q    Is Leon constipated?

        19          A    Economically, I shouldn't make fun,

        20     it caused me some consternation.  I said it.

        21     It was in the book.  Leon was angry.

        22          Q    What did he do to retaliate against









                                                             424
         1     you?

         2          A    I don't know.  He was angry with

         3     me.  As a general matter, he had a different

         4     view than Mr. McClarety did about the access

         5     that political consultants ought to have.  I

         6     don't want to paint Leon as being just sort

         7     of vindictive.  He was clearly angry with me.

         8     I was not in his good graces when he was

         9     Chief of Staff.

        10               But I think he issued a blank

        11     declaration, my recollection is, that none of

        12     the political consultants should have

        13     permanent passes.

        14          Q    Why did they bring you back to the

        15     White House given that consternation of Leon

        16     Pinetta?

        17          A    First of all, I don't know how long

        18     Leon stays mad.  Second of all, the President

        19     asked me to.

        20               I would say I had great

        21     reservations only because I have seen the

        22     abuse people use with the legal process to









                                                             425
         1     people in the political system.

         2               That has been born out, today, but

         3     you have to ask the President and Chief of

         4     Staff what their reasons were for hiring me.

         5               My understanding was that they

         6     wanted me to come to work on their agenda for

         7     the American people.

         8          Q    I have been quite courteous to you;

         9     have I not?

        10          A    I wouldn't say -- you have been

        11     courteous to me.

        12          Q    Do you consider your having to give

        13     a deposition today an abuse?

        14          A    I consider the fact that all of

        15     this is based about something which I have no

        16     knowledge, and it is predicated on the fact

        17     that I told a joke on C Span, I find it to be

        18     remarkable.

        19          Q    It is also predicated upon the fact

        20     that you know many of the actors in the White

        21     House?

        22          A    I know precious few, if any, of any









                                                             426
         1     of the people in involved in the matter that

         2     you are pursuing.

         3          Q    You have also been in a position of

         4     responsibility where you have had contact

         5     with Hillary Clinton, the President,

         6     Mr. Pinetta, Mr. Erskin Bowles and others?

         7          A    That I have.

         8          Q    If something had been said with

         9     regard to FBI files, that would have been a

        10     legitimate reason to question you, correct?

        11          A    None of whom, to my knowledge, have

        12     ever done anything wrong, particularly in

        13     regards to any use or misuse of FBI files.

        14          Q    If something had been said with

        15     regard to FBI files, that would have been a

        16     legitimate reason to question you, correct?

        17          A    I am sorry, I don't understand.

        18          Q    It is legitimate to ask you

        19     questions --

        20               MS. SHAPIRO:  I object to you

        21     getting in legal colloquy on the briefs.

        22               MR. KLAYMAN:  I want to know what









                                                             427
         1     he means --

         2               BY MR. KLAYMAN:

         3          Q    Is it abusive to bring someone in

         4     and ask them questions in a courteous way?

         5          A    No, it is not.

         6          Q    I have been courteous to you?  

         7          A    You have been courteous to me.  I

         8     would say you were rude to the court

         9     reporter.

        10          Q    And, in fact, anytime you asked for

        11     water I gave you water?  Is this the court

        12     reporter defense?

        13          A    If you are done.

        14          Q    During the course of this

        15     deposition, you have not had recollection

        16     many, many times, correct?

        17          A    I have responded to the best of my

        18     recollection.

        19          Q    You haven't had recollection many

        20     times?

        21          A    I have responded as best as can.

        22               MS. SHAPIRO:  Asked and answered.









                                                             428
         1               BY MR. KLAYMAN:

         2          Q    Isn't it true that perhaps you had

         3     had some memory, we might have gotten some

         4     information?

         5          A    That is not true at all, I have

         6     answered ever every question.

         7               MS. SHAPIRO:  That is an absolutely

         8     inappropriate line of questioning.  I think

         9     we have wrapped up, this is superfluous.

        10               MR. KLAYMAN:  We will wrap up when

        11     I tell you I am wrapping up.

        12               BY MR. KLAYMAN:

        13          Q    When you were asked to come back to

        14     the White House, did the President call you

        15     personally?

        16          A    Yes, he did.

        17          Q    When was that?

        18          A    On or about the 13th of June.

        19          Q    Why did he tell you he wanted you

        20     back in the White House?

        21               MS. SHAPIRO:  I object to that.  I

        22     am not allowing the witness to disclose any









                                                             429
         1     conversations between --

         2               MR. KLAYMAN:  He was not an

         3     employee of the White House at that time.

         4     There was no so called executive privilege.

         5               MS. SHAPIRO:  I am instructing the

         6     witness not the reveal any of the specific

         7     conversations between himself and the

         8     President.

         9               MR. KLAYMAN:  On what basis?

        10               MS. SHAPIRO:  The basis of

        11     deliberative process and potentially

        12     executive privilege.

        13               MR. KLAYMAN:  What deliberative

        14     process privilege are you talking about?  He

        15     was a private citizen in Austin, Texas.

        16               MS. SHAPIRO:  The subject of his

        17     conversation with the President of the United

        18     States are potentially privileged, and I am

        19     not going to allow him to speak about them.

        20     You can certify that.

        21               MR. KLAYMAN:  What is the basis for

        22     executive privilege?









                                                             430
         1               MS. SHAPIRO:  I will repeat myself.

         2     He is not authorized to disclose the subjects

         3     of conversation that he had spoken with the

         4     President about.

         5               MR. KLAYMAN:  Certify it.

         6               BY MR. KLAYMAN:

         7          Q    What did you say to the President

         8     during that conversation?

         9               MS. SHAPIRO:  I thought this was

        10     specifically the question I asked not be

        11     asked.  If you wait a minute while I consult.

        12                    (Witness conferred with

        13                    counsel)

        14               MS. SHAPIRO:  Move on.

        15               BY MR. KLAYMAN:

        16          Q    What did you say to the President

        17     during that conversation?

        18               MS. SHAPIRO:  I instruct the

        19     witness not to answer or disclose the

        20     conversation that he had with the President

        21     of the United States.

        22               MR. KLAYMAN:  For the record,









                                                             431
         1     please, tell me what constitutes deliberative

         2     process privilege here.

         3               MS. SHAPIRO:  I am asserting

         4     privilege that this could be a Presidential

         5     communication.  I myself don't know the

         6     answer to the question, and I am not

         7     authorized to potentially allow a waiver of

         8     that privilege, and deliberative process is a

         9     subset under the law of Presidential

        10     communications.

        11               MR. KLAYMAN:  What case law do you

        12     have?

        13               MS. SHAPIRO:  In re:  Sealed, D.C.

        14     Circuit.

        15               MR. KLAYMAN:  What's the citation?

        16               MS. SHAPIRO:  I don't have a

        17     citation.  But you can find it.

        18               MR. KLAYMAN:  What is the basis of

        19     the claim of Executive privilege?

        20               MS. SHAPIRO:  Presidential

        21     communication is a subset of part of the

        22     Executive privilege, and that case will lay









                                                             432
         1     out the law very specifically for you.  I

         2     don't think we need to take up time with the

         3     legal privilege.  I have asserted a

         4     privilege, and I'm instructing the witness

         5     not to answer.

         6               MR. KLAYMAN:  Are you saying

         7     anytime the President talks to anybody it

         8     could be privileged?

         9               MS. SHAPIRO:  Potentially, at least

        10     until I know what has been discussed.  If I

        11     allow him to answer a question he potentially

        12     waives something that is privileged.

        13               BY MR. KLAYMAN:

        14          Q    Mr. Begala, at the time that the

        15     President called you, who were you employed

        16     for?

        17          A    Public Strategies Incorporated.

        18          Q    You were not employed by the White

        19     House?

        20          A    That's correct.

        21          Q    You were not employed by President

        22     Clinton personally; were you?









                                                             433
         1          A    No.

         2          Q    You were not employed by anyone

         3     inside or related to the White House; were

         4     you?

         5          A    Right.

         6          Q    Certify it, we will move for

         7     sanctions, attorneys fees and costs.

         8               I have no further questions.  We

         9     will leave the deposition open subject to the

        10     various matters that are outstanding,

        11     including the certified questions.

        12               MS. SHAPIRO:  That is fine.  We

        13     object, for the record, to leaving the

        14     deposition open.  We don't agree to that.  We

        15     will not be producing Mr. Begala without

        16     order of the Court.  Pursuant to the court's

        17     own order limiting these depositions --

        18               MR. KLAYMAN:  Let me ask one more

        19     question in that regard.  Mr. Begala, I want

        20     to ask you one more question.

        21               MS. SHAPIRO:  We have closed the

        22     deposition.









                                                             434
         1               MR. KLAYMAN:  I have not closed.

         2     It is still open as a matter of fact.

         3               BY MR. KLAYMAN:

         4          Q    One more question, please have a

         5     seat.

         6               MS. SHAPIRO:  One more question,

         7     and then we will let you go.

         8               MR. KLAYMAN:  You won't decide.

         9               MS. SHAPIRO:  The judge will

        10     decide.

        11               MR. KLAYMAN:  I am afraid he will

        12     for you.  We have a history here of

        13     litigation with your Justice Department

        14     walking out of depositions.

        15               MS. SHAPIRO:  We have not walked

        16     out of this deposition, although we have had

        17     due cause to walk out of this deposition.

        18               MR. KLAYMAN:  For which your

        19     Justice Department has been sanctioned.

        20               MS. SHAPIRO:  I don't believe that

        21     is so.

        22               MR. KLAYMAN:  If you want to see









                                                             435
         1     the opinion, I will be happy to send it to

         2     you.

         3               MS. SHAPIRO:  Thank you.

         4               BY MR. KLAYMAN:

         5          Q    Mr. Begala, while you were still

         6     employed by Public Strategies, did you have

         7     any conversations with anyone else at the

         8     White House about your returning to your

         9     current positions?

        10          A    Yes, I did.

        11          Q    Who did you have the conversations

        12     with?

        13          A    Erskin Bowles and Robert Magnum, to

        14     the best of my memory.

        15          Q    Did Erskin Bowles call you?

        16          A    I saw him when I was visiting

        17     Washington.

        18          Q    You, subsequently, visited

        19     Washington?

        20          A    I was in town for others reasons.

        21          Q    When was that?

        22          A    I can't remember.









                                                             436
         1          Q    Was that after you talked to the

         2     President?

         3          A    No, before.

         4          Q    You were not employed by the White

         5     House at that time?

         6          A    No, that's right.

         7          Q    What was discussed with Erskin

         8     Bowles?

         9          A    He raised his interest in me coming

        10     to work in the White House.

        11          Q    What did he tell you the reason was

        12     he wanted you back?

        13          A    He said that he wanted -- he said

        14     he wanted me.  He said he wanted me to work

        15     particularly on communications and policy

        16     issues, and he had a sense that it was as

        17     much a personal thing.  I know Erskin.  I

        18     worked with him.

        19               There was a certain comfort level.

        20     That some of the other President's senior

        21     advisors were leaving.  He thought I would be

        22     a good fit.









                                                             437
         1               It was a conversation also where he

         2     had enormous influence on me because I know

         3     how much he loves North Carolina about as

         4     much as I love Texas.  So he was the best

         5     person to try to coerce me into taking this.

         6          Q    He told you he needed you to come

         7     back because they needed someone to spin the

         8     various scandals?

         9          A    No, sir.  That is not my

        10     recollection at all.

        11          Q    Was there a mention of any

        12     scandals?

        13          A    No, not to my recollection.  My

        14     recollection was generally about the strains

        15     of public service, on people like me and

        16     Bowles, not the scandals.

        17          Q    No recollection?

        18          A    My recollection was that he wanted

        19     me to come to work here.  He talked about the

        20     comfort level he had with me, the team that

        21     he had in place and his style of management.

        22     I have always been very impressed with him.









                                                             438
         1          Q    Did he tell you they needed someone

         2     to be a hatchet man on Clinton adversaries?

         3          A    No, sir.

         4               VIDEOGRAPHER:  We are going off

         5     video record at 5:51.

         6                    (Discussion off the record)

         7               VIDEOGRAPHER:  We are back on video

         8     record at 5:53.

         9               BY MR. KLAYMAN:

        10          Q    Did you have more than one

        11     conversation with Erskin Bowles about your

        12     return to Washington?

        13          A    I might have, but probably not many

        14     more than one.

        15          Q    Did you discuss anything other than

        16     what you just described with Mr. Bowles in

        17     any other conversation?

        18          A    Not that I can recall.

        19          Q    Where did you have a conversation

        20     with Rahm Emanuel about your return to

        21     Washington?

        22          A    In his office, and by phone as









                                                             439
         1     well.

         2          Q    What did you discuss with Rahm

         3     Emanuel?  Did Rahm Emanuel tell you why you

         4     were wanted back in the White House?

         5          A    His sense was that others were

         6     moving on, there was a slot opening, and he

         7     wanted me to be there.  He is a friend of

         8     mine.  We work well together.

         9          Q    Did he tell you what particular

        10     skills that you had gave him an interest in

        11     having you back?

        12          A    No, he talked about his

        13     self-interest in having a friend in the key

        14     spot in the White House.

        15          Q    Rahm Emanuel is a good friend?

        16          A    Yes.

        17          Q    You talked to him about George

        18     Stephanopoulos's comment about Ellen

        19     Rometsch; didn't you?

        20          A    I can't remember.  Specifically, I

        21     would hope I had, because he was one of the

        22     many people called upon to comment to the









                                                             440
         1     press.

         2          Q    So you probably did?

         3          A    I probably did.

         4          Q    You probably talked to Sidney

         5     Blumenthal about that?

         6          A    I can't remember specifically.  As

         7     I said, there is a cadre of people like

         8     myself who respond to the press.  It would be

         9     important for them to know that George made a

        10     point to me of saying it did not come from

        11     the White House.

        12          Q    You probably talked to Blumenthal,

        13     too?

        14          A    I may have.

        15          Q    Who else?

        16          A    I can't recall.  The communication

        17     team, the people regularly asked by the press

        18     to respond to these kinds of questions.

        19          Q    You talked to the President about

        20     it; didn't you?

        21          A    Not to best of my recollection.

        22     No.









                                                             441
         1          Q    You don't remember?

         2          A    No, I don't remember.

         3          Q    You talked to the First Lady about

         4     that comment of George Stephanopoulos?

         5          A    Not to the best ever my

         6     recollection.

         7          Q    You can't remember?

         8          A    No, sir.

         9          Q    You talked to Erskin Bowles about

        10     that comment?

        11          A    No, sir, not to the best of my

        12     recollection.

        13          Q    You can't remember?

        14               MS. SHAPIRO:  I object to you

        15     mischaracterizing him saying not to the best

        16     of his recollection and you saying you don't

        17     remember.

        18               MR. KLAYMAN:  He is responding.

        19     There is no reason to object.

        20               MS. SHAPIRO:  The objection is that

        21     you are mischaracterizing what his testimony

        22     is.









                                                             442
         1               THE WITNESS:  Let me be clear as

         2     well.  When I say no, not to the best of my

         3     recollection, that is what I am saying.  I am

         4     not simply saying I can't remember.  That is

         5     your characterization, not mine, Mr. Klayman.

         6               BY MR. KLAYMAN:

         7          Q    Now that your attorney told you

         8     what to say, that is obviously your

         9     characterization.  Certify this.

        10               In terms of Rahm Emanuel, did he

        11     tell you that he wanted you back because

        12     there were going to be lots of investigations

        13     and a lot of heat being place on this White

        14     House, and he needed somebody with good

        15     communication skills?

        16          A    No, sir.  My recollection was quite

        17     the opposite.  Rham wanted a friend in a key

        18     position in the White House.

        19          Q    Anyone else that you talked about

        20     coming back to the White House?

        21          A    Not that I recall.

        22          Q    Did you talk to James Carville?









                                                             443
         1          A    I may have.  I can't recall.  I

         2     would likely have.

         3          Q    What did you talk to Carville

         4     about?

         5          A    I would imagine my personal

         6     trepidations of coming back into Washington

         7     at a time when I think that people are

         8     abusing the political process.

         9          Q    In other words, you didn't want to

        10     come back to a situation where the White

        11     House was under siege?

        12          A    No, sir, I didn't want to come back

        13     to a place where I would be hauled in front

        14     of being deposed for making a joke.  I didn't

        15     have that specifically in mind, obviously,

        16     but the way that American politics generally

        17     has turned, where we are turning away from

        18     resolving issues to the ballot box and

        19     turning everything over in a courtroom.  It

        20     is not to my liking.

        21          Q    So I take it you are criticizing

        22     the court for ordering your deposition?









                                                             444
         1          A    No, sir, I am not.  I am here on

         2     very short notice and with full cooperation.

         3          Q    No further questions at this time.

         4     We will leave the deposition open.

         5          A    Thank you very much.

         6               MS. SHAPIRO:  Let me state for the

         7     record, we object to that.

         8               VIDEOGRAPHER:  We are going off

         9     video record at 5:57.

        10                    (Whereupon, at 5:57 p.m., the

        11                    deposition of PAUL E. BEGALA

        12                    was continued.)

        13                     *  *  *  *  *

 

 

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