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Peccary
(Tape Two) Peccary bedded, rolls
Bison 1
(Tape One) Bison bull in light snowfall, calling, 11:29:29 Bison cow feeding 11:30:11 Huge bison bull looking for estrus cow 11:31:23 Bison flehmening
Bison 1
(Tape One) Huge bison bull chews cud, close-up's of eye, jaw
Bison 1
(Tape One) Herd, bull smells cow, flehmens 11:35:55 Cow lies down 11:36:13 Big bull drinks
August 2, 1994 - Part 1
(09:50:15) I talked to Ms. Nolan on February 4, and informed her that Treasury, RTC, and OGE were going to undertake the legal analysis related to recusal. I also informed her that I was only going to discuss procedure and that I bad no knowledge about any of the Substantive issues related to Madison. Ms. Nolan's notes indicate that we had a similar phone conversation on February 9. The only comment I remember Ms. Nolan mak- 324 ing on this subject was that the conclusion could become a precedent for similar circumstances in the future. Later on February 4, 1 went to the Office of Government Ethics and had a similar conversation with Mr. Campbell, the Deputy Director, and Gary Davis, the General Counsel. I noted again that I had no know ledge of the substance of the civil claims relating to Madison, explained the procedural framework and said that I had informed Ms. Nolan that we were going to analyze the, legal issues with OGE and RTC ethics officials. The OGE officials said they would work with Treasury and the RTC on the question. A few days later, Mr. Altman, Ms. Hanson, Ellen Kulka, RTC's General Counsel, and Arthur Kusinski, RTC's Senior Ethics Official, and I met with Mr. Altman to discuss the recusal issue, Mr. Altman directed us to ensure that our legal research and analysis was complete, thorough, and accurate, or words to that effect. In the following days, I worked on and concurred in the legal analysis and ethics opinion that was sent to Mr. Altman on February 18, 1994, by Mr. Kusinski. The Office of Government Ethics also concurred in that opinion. In essence that opinion said that there was no legal requirement that Mr. Altman recuse himself from Madison-related matters. I sent Mr. Kusinski's memorandum, with my own cover note, reiterating my concurrence to Mr. Altman on February 23, to ensure that there was no doubt about Treasury, RTC, and GE consensus on this issue. I believe there is another source of confusion in the public discussion about these meetings. Do they present issues of "ethics" or questions of "judgment." The word "unethical" has a connotation of something improper. The word "judgment" goes to the subjective reasoning power of human beings and possible human error, NOT improper behavior. In my years as an ethics lawyer, I have always said to Federal employees that if they check with us about some proposed action, and give us information about the context, and if we don't object to the activity, then criticism for the ethics call should shift to the ethics lawyer. For the February 2 meeting talking points, that ethics lawyer is me. I had an opportunity to object to the meeting, but didn't do so. I didn't object because there was nothing objectionable, in my view. It is not only unfair but inaccurate to criticize Mr. Altman or Ms. Hanson for doing something "unethical" in relation to the February meeting. That is my responsibility. That leaves the issue of judgment. As I noted before, I suggest that this be analyzed as a question of human reasoning power rather than one of improper behavior. Finally, one more comment. In my experience, ethics issues arise all the time in Federal agencies, both as considerations in decisionmaking and in connection with financial disclosure and other requirements applicable to officials appointed by the President. Secretary Bentsen introduced me to his new staff on the morning of January 21, 1993, and turned that first staff meeting over to me for a 90-minute seminar on Government ethics. The Secretary made it clear that ethical considerations were a matter of great importance for him. Based on my frequent inter 325 action with the senior officials at Treasury for the last 18 months, I believe that those officials have worked hard to conform to the many complex ethics rules applicable to senior officials. I have the highest regard for their ability, integrity, and professionalism, Thank you, Mr. Chairman. I would be pleased to respond to any questions from the Committee. The CHAIRMAN. Thank you, Mr. Foreman. Mr. DeVore, do you have a statement? COMMENT OF JACK DeVORE, FORMER ASSISTANT SECRETARY OF THE TREASURY FOR PUBLIC AFFAIRS, U.S. DEPARTMENT OF THE TREASURY, DC Mr. DEVORE. I do not, Mr. Chairman. The CHAIRMAN. Then we'll start with the question periods. I'm going to try today to keep within our time. I know there's a tendency to run over a bit, but I'm going to try to watch that very closely. I'm going to start by staying within the time myself in my first round here. Mr. Steiner, I want to start with the diary that you kept, I think it is an important document. You were the Special Assistant to Roger Altman from January until August, 1993. Then you became Chief of Staff to Secretary Bentsen, and that's a position you still hold. Is that right?
Game Birds - Blue Grouse
Tape 1 03:21:19 Male blue grouse displaying on the ground Male blue grouse displaying in the tree Male blue grouse Male blue grouse in tree, zoom
Game Birds - Willow Ptarmigan
Tape 1 Male w. P. Changing from winter white to brown
Game Birds - Ringneck Pheasant
Tape 1 Male ringneck pheasants flying
Game Birds - Eastern Wild Turkey
Tape 1 02:48:31 Wild turkey nest and eggs 02:49:16 Eastern wild turkey tom strutting up close 02:50:06 Eastern wild turkey hen on eggs and nest 02:53:15 E. W. Turkey hen on eggs and nest 02:55:30 E. W. Turkey eggs pipped 02:56:06 E. W. Turkey and just hatched poult 02:56:51 E. W. Turkey hen and 8 day poults 03:01:06 E. W. Turkey brooding poults and walking 03:02:28 E. W. Turkey eggs and nest 03:02:56 E. W. Turkey tom perched, long snood and head close up 03:03:59 E. W. Turkey tom perched, long snood and head close up 03:09:04 E. W. Turkey displaying and hen
Game Birds - Florida Wild Turkey
Tape 1 Floirida wild turkey tom and hen head and spurs Floirida wild turkey tom and hen, head and spurs
Game Birds - Bobwhite Quail
Tape 1 Male bobwhite quail calling
Game Birds - Sharptail Grouse
03:29:20 Female sharptail grouse displaying on lek 03:30:44 Female sharptail grouse displaying on lek in early a.m. 03:32:54 Female sharptail grouse displaying on lek in early a.m. 03:33:21 Male sharptail grouse close up and displaying 03:33:54 Male sharptail grouse displays, confronts and calls on lek 03:34:21 Male sharptail grouse displays, confronts and calls on lek 03:41:04 Male sharptail grouse and vista 03:42:05 Male sharptail grouse flying off with a skull 03:42:08 Male sharptail grouse killed by a great horned owl 03:42:35 Male sharptail grouse displaying 03:45:32 Male greater prairie chickens display for female 03:49:26 Male greater prairie chickens display for female close up 03:55:31 Male greater prairie chickens displaying for a female
Game Birds - White Throated Sparrow
White throated sparrow feeding on the ground W.t.sparrow feeding on the ground W. T. Sparrow feeding on the ground
Phoebe
TAPE 1 Phoebe nest and eggs
Blue Jay
TAPE 1 Blue jay opening seeds in a tree Blue jay sitting on a branch up close
House Finch
TAPE 1 House finches at a feeder shelling sunflower seeds
White Breasted Nut Hatch
TAPE 1 White breasted nut hatch on a tree
House Finch
TAPE 1 House finches at a feeder
Black Billed Magpie
TAPE 1 Black billed magpies
Cliff Swallow
TAPE 1 Cliff swallows, nests and young
August 2, 1994 - Part 1
(09:55:25) Mr. STEINER. That's correct. The CHAIRmAN. When you were preparing your diary, I assume you never thought anybody would review your diary. You were writing it for yourself. Is that a fair assumption? Mr. STEINER. That is. The CHAiRmAN. Would it also be fair to assume that you kept the diary for your own personal use as a way of recording the significant occurrences that took place that you knew about or were involved in? Mr. STEINER. Senator, as I said in my opening statement, I think I used my diary as an opportunity to reflect back on events, but its primary purpose, I think, was to try to draw lessons from my personal and professional experiences. The CHAiRmAN. Do you have a copy there of the diary entries that we're going to focus on here today? Mr. STEINER. Yes, I do. The CHAIRMAN. Do you want to get those in front of you? Would you agree with me that all of the significant entries between December 2 and February 27 related to Whitewater? Mr. STEINER. Yes, I would. The CHAIRMAN. In your diary, in terms of the coding system you used, I assume, I just want to put this down for the record that RA is Roger Altman, BC is the President Bill Clinton, HRC, of course, is Hillary Rodham Clinton, WH is & White House, George is apparently George Stephanopoulos, and Harold is Harold Ickes. .Is that the coding system that was being used here? Mr. STEINER. That's correct. The CHAIRMAN. Let me read you the entries and ask you if these are indeed what you wrote, and if they are accurate, and it's 1/24 to 2/12/94. Those are the dates, It says two extremes. 326 In D.C. spent long hours with RA, Roger Altman, going over how he should han- dle the RTC's investigation of Whitewater. The statute of limitations on Madison Guaranty cases was supposed to expire 2/28. Should RA recuse himself or should he stay involved. The hurdle was so high, fraud, that it seemed unlikely the RTC would bring suit or seek a tolling agreement from BC/HRC, but the chance existed. RA originally decided to recuse himself, but under intense pressure from the White House, he said he would make the final determination based on a me. ommendation from Ellen Kulka, the GC. Now let me just stop there. When you say here, "but under intense pressure from the White House," what does that refer to? Mr. STEiNER. Senator, if I might, I'd just like to give you a little bit of background, in addition, and then I'll answer your question. Which is that, as you'll see, the dates here are 1/24 to 2/12. This entry was, in fact, written on February 12, and so it summarizes events that occurred up to that point. That was the date on which it was written. Let me describe the circumstances, if I might, about that particular entry that you referred to. Mr. Altman was considering his recusal decision. Mr. Foreman, in his opening statement, went over some of those decisions. In anticipation of his meeting at the White House, he bad received a variety of pieces of advise from members of the Treasury staff, both in favor of recusal and against it. It was my understanding that when he went to that meeting, he was either planning to or leaning toward recusal. And when I spoke with him after that meeting, I believe it was the same day, he said that he was going to consider his decision and sleep on it. I did not attend that meeting, and at no time did Mr. Altman say to me, I feel under intense pressure. I think I was surmising something or giving my impressions based on the circumstances as I knew them. The CHAIRMAN. What were those? You picked those words. You're a very thoughtful person. You're the Chief of Staff now for the Secretary. You're obviously very talented. You would not have picked those words out of thin air. What do you base that on? Mr. STEINER. As I said, Senator, Mr. Altman was receiving advise from Treasury staff at the time prior to the February 2 meeting. Most of it was in favor of recusal. The CHAIRMAN. Let me narrow you down because we're under time limits for all of us. I'm going to specifically focus on your choice of the words "but under intense pressure from the White House . . ." and I want you now to recall, as fully as you can, what the facts were that would have caused you to write those words.
House Finch
TAPE 1 Male house finch at feeder
White Breasted Huthatch
TAPE 1 White breasted huthatch at feeder, bill
Cardinal
TAPE 1 Male cardinal at feeder, baisecrest, bill