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OIS Cases FileGate-Exhibits-10-12

OIS Cases FileGate-Exhibits-10-12

Page 1: OIS Cases FileGate-Exhibits-10-12

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Ms. WETZL. Yes. 
Senator THOMPSON. guess just asking the question-you had these files, you saw them, you saw that there were many, many more than what was appropriate, and simultaneously you had list that apparently had the same characteristics. just occurs that you might have wanted compare that list the files see whether not you were holding list the files that you were going have going through and working from, and that might have helped you determine what Tony had used get those files. 
Ms. WET'ZL. Well, that point, didn't really-the mistake had already been made. didn't care what Tony had done ... 
Senator THOMPSON. The decision what put the burn bag and what archive-is that something that you were instructed something you made decision yourself? 
Ms. WETZL. was something made decision

self. 409 

Wetzl testified that her understanding was that "all pathat didn't need anymore that wanted put storage, all had Records Management."
4lO The materials Marceca was using never went Records Management. was destroyed. With that act, Ms. Wetzl eliminated the only real evidence exactly what Marceca had his possession when ordered the hundreds files prior Republican administration officials. Process which the project completed 
Ms. Wetzl testified that after she discovered Marceca's "extra files," she proceeded with Project Update. She began working off list from the Secret Service "of pass-holders" and went through 
the list identify names that should have access the White House complex.411 When discovered name individual that was longer active passholder, she notified the Secret Service remove the name from the list. Ms. Wetzl also cross referenced her list with updated lists from supervisors the departments within the White House complex.412she
Because thought all the other lists were ''hopelessly outdated," 
she simply 

started over creating her own list. 
Unlike her predecessor Mr. Marceca, Wetzl testified that she did not read the new Project Update files that she received for content.413
She merely looked the top the first page determine when the individual would need 5-year reinvestigation and then "filed them." 
-J9White House Access FBI Summaries: Hearings Before the Senate Committee the Judi
ciary, 104 Cong., Bess., June 28, 1996 pp. 167-171. 
-'lODeposition Lisa Wetzl, 59. 
-'UDeposition Lisa Wetzl, 53.

4.lS[d., Extra files are boxed and archived 
The group files ordered Marceca were gathered together Wetzl sometime between December 1994 and February 1995. Ms. Wetzl testified that she "mentioned it" Livingstone that files from the previous administration had been ordered and that she may have told him that "Marlin Fitzwater's file there." 414 
These files remained the White House Security Office vault, separated from the other files for time." Ms. Wetzl explained that she left them 
she figured out "whose needed and whose didn't." 415 some point, Wetzl placed all "Tony's files" boxes taken the archives. She typed list the names each individual whose file was placed the box and took the boxes the Office Records Management located next door the Office Personnel Security. The files remained the Office Records Management until they were retrieved White House Counsel Sally Paxton the behest Jane Sherburne June 1996. WHITE HOUSE COUNSEL'S OFFICE DISCOVERY FBI FILES BILLY DALE'S FILE Office Records Management responds subpoena December 19, 1995, White House Special Counsel the President, Jane Sherburne, Associate Counsel Natalie Williams and Special Associate Counsel Jonathan Yarowsky distributed memorandum. selected White House staff regarding the committee's request for certain documents relating the White House Travel Office firings.416 Shortly thereafter, Williams was notified Tom Taggart, the Office Records Management, that preparing documents for release the committee, had discovered the FBI background file Billy Ray Dale.417 hand-written note his file dated December 27, 1995, and signed Taggart, memorialized his conversation with Williams regarding Billy Ray Dale's FBI background investigation file: 
Today, 12/27/95, notified Natalie Williams about 
Billy Dales FBI (retired) report (background check vet
ting) that received with other files from Craig Living
stone. She said that this file involved personal and person
nel privacy issues-would not sent the Committee, 
nor would released. She not interested seeing 
Isl (Tom Taggart, Jr.) 
12/27/1995 418 the note makes clear, while both the White House Counsel's Office and the Office Records Management knew the existence 
4.14.Jd., 63.
410Id., 58. 
416 hite House document production, CGE 42825--42827. The memorandum only asks for 
documents "created May 31, 1995" provided the committee and provides limited 
definition the "White House Travel Office matter" for purposes determ ning docu
ments are 
4l7Natalie deposition, 19. 
-1.1s Handwritten memorandum Tom Taggart, Jr., December 27, 1995, produced the com
mittee July 18, 1996 letter from Jane Sherburne Chairman Clinger. Dale's background investigation file, neither had any intention including the production materials the committee. White House Counsel determines that FBI file personnel file June 10, 1996 letter Chairman Clinger, Jack Quinn alleged that recalled telling the chairman during the meeting that "Billy Dale's personnel file" was among the group personnel/vetting records being withheld the White House that time.419 Mr. Quinn's statement not true. The discussion revolved around David Watkins personnel file, central figure the Travel Office affair. The committee was never told that Billy Dale's file was among the files being withheld and certainly was not informed that the White House was withholding December 1993 request for his FBI background investigation file. Moreover, Quinn never distinguished between "personnel" file and FBI background investigation file. These are very different files that seem blend together the White House's explanation. 
Mr. Quinn's letter, however, evidences another contradiction. Although the letter states that informed Chairman Clinger about the Billy Dale file February 15, 1996 meeting, Special Counsel Jane Sherburne deposition testimony conflicts with Quinn's statement. Ms. Sherburne testified that she did not even know about Billy Dale's FBI file until June 1996.420 Ms. Sherburne attended the February meeting with Quinn. Natalie Williams passes information Wendy White effort keep documents from the committee, the White House conducted extensive operation reviewing documents order ensure that damaging information was not released. The White House Counsel's Office hired additional staff just review, scrutinize, redact, and finally, produce documents the committee requested. 421 
Wendy White was one those hired assist the document 
review. Ms. White was hired Special Associate Counsel mid
February 1996 assist with the production materials the 
committee. According White, she learned the Dale file soon she began work the White House. 
Shortly after started, Natalie Williams, who had been working the subpoena response, returned private practice. Before she left, she provided with certain information needed order complete the production. During this transition period, she advised that the Office Records Management maintained Billy Dale file responsive the subpoena that should retrieved from ORM the committee and. White House reached agreement that the file should produced for camera review otherwise. 422 

19Letter from Jack Quinn, Chief White House Counsel, William Clinger, Jr., June 10, 
42DDeposition Jane Sherburne, July 23, 1996 71. 
421 W1iite House document 780643-654, task list created Jane Sherburne. 

22Statement Wendy White concerning production Dale FBI file, July 18, 1996. several instances where the White House produced documents partial compliance with the committee's subpoena, the Billy Dale file was not included. Wendy White's handling Billy Dale file May 21, 1996-orders the Dale file from OPS early May 1996, after the committee was forced hold Quinn contempt, the White House decided comply with the committee's subpoena January 11, 1996. Responding this action, the White House began prepare documents for release the committee. Ms. White wrote this preparation documents, "On May 21, 1996, had the Office Personnel Security retrieve the Billy Ray Dale file from the Office Records Management. direction, the file was then copied and prepared for production." 423 Ms. Sherburne wrote July 18, 1996 letter the chairman explaining that she and Ms. White had discussions about Billy Dale FBI background file; rather they discussed personnel file. 424 Ms. Sherburne's own letter makes clear that she understood there difference between personnel files and FBI background files, and that she did not know the Billy Dale FBI background file. 425 The White House steadfastly maintains, however, that the Febuary 15, 1996 meeting they were discussing FBI background files, before Sherburne claims have known the Billy Dale file. White House Associate Counsel Natalie Williams also believes she likely told Sherburne about the Billy Dale file. 426 
White told the staff the committee, gave the original file back the Office Personnel Security May 
23, 1996 returned ORM. The White House the Billy Dale file the committee, together with the documents, the morning May 30, 1996."427 CHAIRMAN CLINGER'S JUNE 1996 STATEJ.!IENT The committee receives 1,000 pages May 30, 1996, the White House produced 1,000 documents the committee order avoid vote the House Representatives the contempt citation against Quinn. That production included Dale's FBI background file and the memorandum from Bernard Nussbaum, then Counsel the President, the FBI liaison requesting the file. That was the first time the committee learned the White House improperly requesting, maintaining, and withholding the FBI background file Billy Ray Dale. 
Investigators for the committee were reviewing the White House documents when they came upon memoranda extremely personal nature about Dale and his family. Affixed these documents was December 20, 1993 memorandum from Nussbaum the FBI requesting copy "previously requested report" for the background file Billy Dale. Mr. Dale was dismissed from the White 
423 Statement Wendy White concerning production Billy Dale FBI file, July 18, 1996. 
424July 18, 1996 letter from Special Counsel the President Jane Sherburne Chairman 
425Williams deposition, 18. 
427 Jane Sherburne letter, July 18, 1996. 

House months before the request, and had need for White House access. Chairman Clinger's statement the Billy Dale file 
Chairman Clinger first learned that the White House had obtained the FBI background file Dale from the White House May 30, 1996 document production. made public statement the matter until June 1996. press conference express his outrage this matter, Chairman Clinger released the memorandum from Nussbaum requesting the FBI background file Billy Ray Dale. Chairman Clinger asked, "Can there any legitimate reason why President Clinton's White House Counsel requested the confidential FBI background checks full months after, repeat after, Billy Dale was fired and unjustly accused and smeared with allegations wrongdoing? And yet, for reason that has not yet been determined, the FBI complied with the request." 428 
Out concern for the individuals whose privacy had been violated, Chairman Clinger took steps commence full investigation the White House's improper actions obtaining this and possibly other FBI background files. 
VI. FBI INVOLVEMENT THE FILES MATTER June 1996, Chairman Clinger telephoned FBI Director 
Louis Freeh upon discovery the White House document requesting the background file Billy Ray Dale. Chairman Clinger, press conference, notified the public this event and released the request form, the document used the White House obtain FBI background investigations, from the White House.429 Director Freeh immediately sought meeting with FBI General Counsel Howard Shapiro and Deputy General Counsel Tom Kelley.430 When could not locate Shapiro, Freeh sought answers from Kelley how background files former White House employees could land the White House.431 DIRECTOR FREEH INITIATES INVESTIGATION 
According Kelley, Freeh showed him the document that Chairman Clinger released and asked Kelley undertake initial investigation the White House request for Billy Ray Dale's file.432 Kelley told the committee that "[the DirectorJ asked come over and explained that this release that Congressman Clinger had made, showed copy the document and said would like determine how that could have happened, and dispatched find out." 433 
2sstatement William Clinger, Jr., June 1996. 
429The FBI file, itself, was never made public the committee. However, before the White House finally released documents the committee compliance with the subpoena, made many the 1,000 pages documents available the press. The committee has been unable ascertain whether sensitive, background information Billy Dale was included the mate rials made available the press. 
430 Kelley deposition, pp. 22-23
433Jd. Tom Kelley's initial investigation 
Kelley recognized the source the document the memorandum used the White House request FBI background investigation and went discuss the document with the Executive Agencies Sub-unit the Information Resources Division the FBI. Kelley spoke with SPIN Unit Chief Jim Bourke, well Jan George, and Formy Duvall, the Executive Agencies Sub-unit the Information Resources Division. 434 
David Kitchen, recently appointed Chief the Executive Agencies Sub-unit, soon became involved Kelley's inquiry. Mr. Kelley received the background file Billy Dale from Bourke. Mr. Bourke had already retrieved the file, aware the controversy surrounding it. Kelley soon learned that the file had been disseminated the White House January 1994, response December 20, 1993 request form.435 This was more than years before the White House mentioned the file the committee. 
When background material released Federal agency, reviewed the FBI for information that should not released. the back each page that released, stamp marked indicating that information the file, the file, itself, has been released. addition the stamp, the date the release and the 
initials the analyst who reviewed the file for release among oth
ers, are added. Mr. Kelley noticed that "there were quite series [pages] that were transmitted." 436 
Mr. Kelley learned from Jan George that, instead putting the White House request for the file the file, itself, the FBI retained the form separate files.437 The file White House requests had been retained only for years, response the growing 
number files requested.488 copies the White House request 
forms had heretofore been retained. 
Mr. Kelley reported Director Freeh and General Counsel Sha
piro that the file had been sent the White House. Director Freeh 
instructed Shapiro undertake more extensive investigation into 
the matter and prepare release the facts the public. The Director asked that the report made the Director and the Deputy Attorney General. The Director told Shapiro that the general counsel's office was the best place conduct the investigation, because only then could the Director ensure that the investigation was done "properly and swiftly." 439 
When was first given the task investigating the dissemina
tion FBI files, Shapiro asked Director Freeh thought that 
the Office Professional Responsibility Investigations Division 
4.34.[d., pp. 23-25. 
435Jd., pp. 23-25. 
"36Id., 27.