PLAINTIFFS' MOTION FOR LEAVE TO FILE SUPPLEMENT; SUPPLEMENT TO OPPOSITION TO MOTION OF LINDA R. TRIPP FOR A PROTECTIVE

ORDER AND OBJECTION TO SUBPOENA

Larry Klayman, Esq.

DC Bar No. 334581

Paul J. Orfanedes, Esq.

DC Bar No. 429716

Allan J. Favish, Esq.

JUDICIAL WATCH, INC.

501 School Street, S.W., Ste. 725

Washington, DC 20024

(202) 646-5172

Attorneys for Plaintiffs

Plaintiffs, by counsel, respectfully moves for leave to file this brief supplement to their Opposition to Ms. Linda R. Tripp's Motion for Protective Order and Objection to Subpoena. This supplement is necessary because counsel for Ms. Tripp, Anthony J. Zaccagnini, Esq., refused to provide his client's motion to Plaintiffs in a timely manner, thus forcing Plaintiffs to have to anticipate Ms. Tripp's arguments in their opposition, which was filed earlier today, September 3, 1998.

I. Introduction.

Yesterday, September 2, 1998, Plaintiffs asked Mr. Zaccagnini to fax them a copy of any motion that he might file on behalf of Ms. Tripp concerning her upcoming, September 4, 1998 deposition. First, Mr. Zaccagnini agreed, but late yesterday evening imposed a condition that he would not fax Plaintiffs Ms. Tripp's motion unless Plaintiffs provided him with a copy of their opposition to the independent counsel staff's motion to intervene and for a stay of Ms. Tripp's deposition. Plaintiffs advised Mr. Zaccagnini that they could not do so, since the matter was under seal and he had not yet filed any motion and/or Notice of Appearance.

Because it was unclear whether Mr. Zaccagnini filed his motion, Plaintiffs prepared and filed an opposition this morning. This was necessary due to the lateness of the motion, as Ms. Tripp deposition is tomorrow, September 4, 1998. Out of courtesy and respect for the Court, Plaintiffs wanted to ensure that the Court had as much time as could be allowed by Ms. Tripp's late filing in which to make a ruling.

Plaintiffs have since received the motion. Because it raises issues about document production that Plaintiffs did not anticipate, and because Mr. Zaccagnini included only his correspondence to Plaintiffs and not Plaintiffs correspondence to him, Plaintiffs respectfully request leave to submit this brief supplement.

First, Plaintiffs correspondence to Mr. Zaccagnini are attached as Exhibit 1. This correspondence was not provided by him to the Court.

Second, Mr. Zaccagnini raises issues about some various document requests. Plaintiffs made it clear to Mr. Zaccagnini during their telephone conversations that they only seek documents relating to "Filegate" and related issues such as documents concerning the White House Travel Office (which is a subset of "Filegate") as they relate to the obtaining and misuse of information in government files. As such documents are obviously relevant, there can not be any dispute about their production. In addition, Plaintiffs also made it clear that Mr. Zaccagnini would have to produce a privilege log for any responsive documents that Ms. Tripp sought to withhold from Plaintiffs. No privilege log has been provided. Consequently, any claims of privilege have been waived.

Finally, Plaintiffs did not, as Mr. Zaccagnini asserts, agree to defer on any issues about the threats Ms. Tripp has received. Rather, Plaintiffs agreed that any testimony on this obviously relevant topic (this is tampering with a material witnesses in a matter before this Court) will be under seal. Indeed, it is because of these very same threats that Ms. Tripp's deposition must go forward and must be videotaped to preserve not only her testimony, but her demeanor as well.

Given that Plaintiffs agreed to postpone this deposition at Mr. Zaccagnini's and Tripp's request, that Plaintiff's Notice of Deposition, served on August 27, 1998, specifically stated that the deposition would be videotaped (and Ms. Tripp knew and accepted this -- see Exhibit 1 to Plaintiffs' Opposition to Motion of Linda R. Tripp for a Protective Order and Objection to Subpeona), that Mr. Zaccagnini and Ms. Tripp hung back until one (1) day before the deposition to file their motion, and that Mr. Zaccagnini refused to provide his pleadings to Plaintiffs so that they could submit a timely response and did not provide the Court with key correspondence from Plaintiffs' counsel (see Exhibit 1), Plaintiffs are very disappointed with this litigation approach. For the substantial reasons set forth in their opposition, as well as the additional, substantial reasons set forth above, Plaintiffs respectfully request that Ms. Tripp's motion be denied in its entirety.

Respectfully submitted,

JUDICIAL WATCH, INC.

__________________________

Larry Klayman, Esq.

DC Bar No. 334581

501 School Street, S.W.

Suite 725

Washington, DC 20024

(202) 646-5172

Attorneys for Plaintiffs

On September 3, 1998, I contacted counsel for Non-Party Witness Linda R. Tripp by telephone to discuss whether Ms. Tripp would consent to or oppose the relief requested herein, or if the issues raised herein could be narrowed. In informed counsel that we were filing the motion, he advised me that he would call back with Ms. Tripp's position. I did not heard back from counsel in time to allow Plaintiffs to file the motion in timely manner.

__________________________

Paul J. Orfanedes, Esq.

I hereby certify that on September 8, 1998 a true and correct copy of the foregoing PLAINTIFFS' MOTION FOR LEAVE TO FILE SUPPLEMENT; SUPPLEMENT TO OPPOSITION TO MOTION OF LINDA R. TRIPP FOR A PROTECTIVE ORDER AND OBJECTION TO SUBPOENA was served by facsimile and U.S. mail, postage prepaid, on on the following:

Attorneys for Defendants Federal Bureau of Investigation and Executive

Office of the President:

James J. Gilligan, Esq.

Elizabeth Shapiro, Esq.

Assistant United States Attorneys

U.S. DEPARTMENT OF JUSTICE

P.O. Box 883

Washington, DC 20044

Attorneys for Defendant Hillary Rodham Clinton:

David E. Kendall, Esq.

Paul B. Gaffney, Esq.

Marcie R. Ziegler, Esq.

WILLIAMS & CONNOLLY

725 12th Street, N.W.

Washington, DC 20005

Attorneys for Intervenor United States:

Kenneth W. Starr, Esq.

Robert J. Bittman, Esq.

Stephen J. Binhak, Esq.

Terrence J. Galligan, Esq.

OFFICE OF THE INDEPENDENT COUNSEL

490 North

1001 Pennsylvania Avenue, N.W.

Washington, DC 20004

Attorneys for Non-Party Witness Linda R. Tripp:

Anthony J. Zaccagnini, Esq.

SEMMES, BOWEN & SEMMES, P.C.

250 West Pratt Street

Baltimore, MD 21201

_________________________

Paul J. Orfanedes