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Judicial Watch • OIS Cases FileGate-Exhibits-10-05

OIS Cases FileGate-Exhibits-10-05

OIS Cases FileGate-Exhibits-10-05

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House Counsel his deputy.53 This position was described former White House Counsel largely thankless job, requiring long hours, superb organizational skills, attention detail, and total discretion." 
Beginning 1972, during the Nixon administration, Jane Dannenhauer was appointed the Assistant the Counsel the President with the responsibility directing the White House Security Offi.ce.55 Ms. Dannenhauer served her capacity Assistant the Counsel during the Nixon, Ford, Reagan and Bush administrations, well the first 21/2 months the Carter administration.56 Ms. Dannenhauer reported directly either the White House Counsel Deputy White House Counsel, and was the only person the Security Office authorized review the FBI background files. 
Previous White House Counsels testified this committee that each administration which they served, the background investigation process was limited very small number high level individuals. Those individuals included the White House Counsel the President, the Deputy White House Counsel and the Assistant the Counsel for Security. small number instances, aspects particular FBI background report would have been discussed with senior-level staff member need know basis, without sharing the file.58 "Background files were never shown others the White House, including the President, the Vice President, the chief staff the director presidential personnel," according Richard Hauser, Deputy Counsel President Reagan.59 White House Security Office practice and procedures 
When new administration takes office must complete background investigations all new appointees and employees with White House access. the past, new administration began the process during the transition. important complete this process timely manner insure the security both the President and vast amount sensitive national security information contained within the White House. This process began with what called "name check." complete name check individual's name and Social Security number are sent the FBI where checked against various databases see there was any recent potentially illegal activity the public record.61 
When the FBI receives the name check request, disseminates 
the request several internal units. These units check four dif

ferent computer databases and the FBI central indices. The 
databases provide information criminal histories, arrest records, 
outstanding warrants, well information organized crime, 
64Id. Security FBI Files hearing, June 19, 1996, 88. 
sasecurity FBI Background Files hearing, June 19, 1996, SB. 
117Prepared written statement Boyden Gray, Counsel President George Bush, pp.
12. Security FBI Background Files hearing, June 19, 1996, pp. 28-26. Security FBI Background Files hearing, June 19, 1996, 26. Prepared written statement Boyden Gray, Security FBI Files hearing, June 19, 1996, 20. 

terrorism, and foreign counterintelligence.62 addition, name check request requires the FBI look see whether "copy previous report" file for the individual. .An FBI research analyst then reviews the summary memoranda contained individual's file determine which reports forward the White House.63 All the information then sent the White House. previous administrations, once individual was cleared through the name check process, was eligible for temporary access the White House pending full field FBI background investigation.64 
.Any individual seeking repeated permanent access the White House and all Presidential appointees were required through full field background investigation.65 The FBI full field background investigations were necessary order review the background individuals the White House for security reasons and also for the President make suitability determination. begin this process, the individual required fill out "Standard Form 86," (SF-86) which provides personal data the individual and authorizes the FBI conduct the background investigation. with the FBI background investigations, previous administrations only permitted the Director the Security Office, the White House Counsel and Deputy White House Counsel review the SF-86's.66 previous administrations, the bulk the back
investigations should normally processed and reviewed 
the first months the administration.67 Updating the background files 
When administration leaves the White House required archive all its pursuant the Presidential Records Act. Among the this act archived are the FBI background files the administration's and employees. These FBI files are archived and under seal the Presidential Library for years. When incoming administration arrives, must recreate the files for those "holdover" employees who would continuing their employment the White House. The task recreating the files fell the White House Security Office. prior administrations, the Security Office only began the proc
ess recreating the holdover employees' files after all the paper
work the new appointments had been completed. The ration
ale for requesting these files after all the new employee 
had been completed was twofold. First, the holdover had 
62Report the FBI general cou sel the dissemi FBI file formation the White June 14, 1996, 19. 20. 
Prepared tten statement ofC. Boyden Gray, 
66[d. 66Security FBI Files hear ng, June 19, 1996, P. 46. CA.B. Culvahouse, Counsel President Reagan, test fied that out lawyers the White House Counsel's Office, only others were authorized review the forms. The White House Counsel and desig ated Counsel's Office attorney was authorized look forms.) 67Former Counsel President Bush, Boyden Gray stated, "The inevitable backlog that results from many invest gations req_uested once req_u res the Secur Office staff 12-14 hour days just manage paper flow." Prepared written statement Boyden 
U.S.C. 2201-2207. 
69Prepared tten statement Boyden Gray, 

already been cleared for access previous administration. And second, the time the paperwork had been processed the new employees, the list White House employees would more current. was necessary obtain the FBI reports order update the background investigations the holdover employees, who, along with all other White House pass holders, needed update their background investigation every years.71 Every new administration begins with the same information and every new administration has had recreate the files the permanent White House employees. 
The procedure which each previous administration followed update its background files essentially consisted four steps: 
the Security Office would obtain from the Secret Service and verify current list pass holders with access the White House complex; 

the office would request from the FBI copies the previous background reports concerning those the list; 

the head the office would review the prior reports ascertain the date the last background check, and bring any derogatory information the attention the White House counsel; and 

the Security Office would send new SF-86 completed employees they came due for update investigation. 

Although the Security Office would rely the Secret Service lists for current and accurate information its lists individuals that still had access the White House, was normal practice cross reference and double check the lists.74 solely the responsibility the White House Security Office inform the Secret Service that individual should taken off the access lists and listed "inactive" ensure that only present employees remain the "active" Secret Service lists.75 the first year new administration, the Security Office would proceed with its updates office office basis determine who the holdover employees were that needed have their files recreated. The Security Office would fill out standard request form ordering copy the previous FBI report the holdover employee. When the previous report was received the Security Office, the Director the office would personally review the file determine and make notation the date when that the individual was due for background investigation update.77 That individual's name would then added the list, organized monthly basis, individuals coming due for update their FBI background report.78 The Director the office would also review 
71Prepared written statement Jane Dennenhauer, (in committee files). Each administration since the Nixon administration has followed this procedure. 
73Prepared written statement ofC. Boyden Gray, 
74[d., Security FBI Background Files June 19, 1996, 50. 
?Security FBI Background Files hearing, July 1996 69.
78Prepared written testimony Boyden Gray, 

the file for derogatory information, ultimately sending the report the Deputy White House Counsel for adjudication. 
Because the Security Office maintained all the confidential files every individual with current access the White House complex, the office was equipped with separate vault room that was attached the Security Office. All the files were kept the vault which was equipped with cabinets containing rotating bins.80 The files were stored the bins alphabetically. The Security Office vault could accessed only entering and going through the Security Office. The door the vault had lock with combination which only few authorized individuals were given. The only other persons with access the vault were members the Office Records This Office uses two the four file cabinets the Security Office vault store its records. Terry Good, the Director the Office Records Management testified that bis office stores materials from the White House office 

are 	considered confidential through 
materials." During the Clinton administration, Records Management also stored White House Counsel's Office files all individuals being considered for appointments throughout the government.83 Although the Office Records Management file cabinets have separate locks, Good testified that they are often left unlocked during the day.84 	The transition from the Bush administration the Clinton administration 
Since the end the Nixon administration, Jane Dannenhauer briefed the attorneys each new administration what the Security office was and what did. she had done with past administrations, Dannenhauer met with several the attorneys from the Clinton White House Counsel's Office before she left her position the White House March 1993.85 She initially met with four five the attorneys, none whom would supervising the Security Dannenhauer then met with Craig Livingstone, who would ultimately become the new Director the Security Office.87 Ms. Dannenhauer testified that Livingstone appeared only work there "part-time" while she was there. Mr. Livingstone "would come and maybe there half day." Several weeks after the administration took office, Bill Kennedy, the Assistant White House Counsel who would supervising the office, finally met
with Ms. Dannenhauer.s9 
Ms. Dannenhauer's assistant since 1981, Nancy Gemmell, stayed the White House Security Office for months into the new administration. Although the office still was not entirely staffed 
19Id., p.10. Livingstone, June 14, 1996, 38.
8LQoad, June 25, 1996, 16. 

84.Id., 17. Security FBI Background Files hearing, June 19, 1996, 70. 

0sId., 82. 

90[d., 48. the time she left, Gemmell assisted training the new employees the procedures the office.91 She testified that she explained the Secret Service lists the people working the office and informed them that the initial list received from the Secret Service had updated.92 Ms. Gemmell testified that updated list needed ordered from the Secret Service once personnel decisions were made, especially offices where there would high turn-over.93 The Clinton administration kept Gemmell until she retired August 13, 1993. CLINTON ADMINISTRATION PERSONNEL AND OPERATION THE 
OFFICE Who hired Craig Livingstone? 
Craig Livingstone, the new Director the White House Security Office quickly came the forefront the investigation the unauthorized requests FBI background files. Although the office was supposed maintain primarily the same functions previous administrations, the Clinton administration changed the name from the White House Security Office the Office Personnel Security (OPS) after Livingstone took over early February 1993. Livingstone remained this position until resigned, announced the committee's June 26, 1996 hearing. 
Mr. Livingstone enjoyed particularly long tenure, outlasting three White House Counsels and numerous supervisors.94 However, nobody the Clinton administration has taken responsibility for bringing Craig Livingstone into the White House. Livingstone himself cannot remember who hired him for the position Director OPS. explained that had been around during the campaign advance man, well assisting the 1992 Democratic National Convention, "coordinating security" for the Democratic Finance Committee's VIP operations.95 
David Craig Livingstone began his political career 1984 working advance man the Gary Hart for President and the Mondale/Ferraro campaigns. Mr. Livingstone was responsible for "organizing large crowd events' according his resume.96 Mr. Livingstone testified that then spent the next few years "work[ing] bar and restaurant, work[ing] small campaigns, Democratic initiatives." However, his resume states that during this period was advance man for the Reagan/Gorbachev Summit Meeting Geneva, Switzerland where was responsible for arranging international press appearances for Presidents Reagan and Gorbachev. also claims have secured minute meeting between 
U.S. citizens and the General Secretary. 
91Jd., 48. 
92Jd., 50. 
eaId., pp. 50-51. Livingstone remained the position Director 
the tenures Counsels Bernie 
Nussbaum, Lloyd Cutler and A.liner Mikva. also his supervisors and associate 
counsels William Kennedy, Beth Nolan, and 
95Livingstone1 3/22/96 dep. 14. (See also, the Post, September 1996, pp. Al,
A12. The Washington Post reported that friend Livingstone's stated that Livingstone's job 
himself escalator the convention hall and saying "good evening"to VIPs who 
consisted by. "Craig said his job was meet and greet.") 
96White House document CGE 46232. 
97Livingstone deposition, March 22, 1996. 

Mr. Livingstone also worked for Senator Timothy Wirth. his resume, states that coordinated Senator Wirth's transition from the House Representatives the U.S. Senate. Although absent from his resume, Mr. Livingstone worked for the Hollywood Women's Political Committee "doing their Washington work." 
Craig Livingstone's first encounter with Gore was 1988, when served his trip director traveling "daily" with Mr. Gore and claims have produced Mr. Gore's 1988 Presidential announcement. Mr. Livingstone also failed mention his deposition his resume that worked the 1988 Dukakis for President campaign.99 Livingstone also worked the operations director for the Democratic National Committee Convention staff 1988 Atlanta, where coordinated operations for DNC Chairman Paul Kirk. returned working bars and restaurants during the interim and "coordinated screenings" for the highly controversial movie "The Last Temptation Christ" 1988. also worked public relations company where claims that "prepared clients for legislative appearances." 100 
Mr. Livingstone worked for Washington, Councilwoman Charlene Drew Jarvis for approximately year before began his first employment with the Clinton campaign doing advance work.101 From October 1991 November 1992, Mr. Livingstone, according hi.s resume, was the "Senior Consultant CounterEvent Operations" for Clinton/Gore '92. Mr. Livingstone claims have "successfully deployed several the infamous "Pinocchio" and "Chicken George" media events.102 Mr. Livingstone also claims credit for "Special Operations and Advance" for then-Governor Clinton's successful primary and general election well assisting the "creation and execution mission objectives the Clinton for President, Washington, D.C. local headquarters." 1oa between Bill Clinton winning the primary but before the general election, Craig Livingstone went "Africa work training some soldiers, Democratic campaign techniques." 104 After returning from the Angola training grounds, Livingstone worked with the ''VIP financial staff" fundraising projects for President-elect Clinton and Vice-President-elect Gore. November 1992, Livingstone was the lead and site lead advance person for the Clinton/ Gore '92 campaign. 
After the election, Livingstone was the director security for the 
Presidential. Inaugural Committee (PIC). states that had "re
sponsibility for security inaugural headquarters and all 
events." 105 his deposition, Livingstone explained that his duties director security PIO were ensure that events were han
dled with the safety the attendees mind well producing 
9B]d. Livingstone SF-86 form completed 2116/93 begin his FBI background investigation. 
100White House document CGE 46231. 
101 Livingstone deposition, 12. 
102During President Bush's figures dressed Pinocchio and chicken began the crowd and President Bush. 
House document CGE 46230. 
104 Livingstone l' 13. 
IOBWhite House CGE 46230.