TAPE 1 Male rose breasted grosbeak in tree
TAPE 1 Bluejay at feeder, bill
TAPE 1 Female cardinal at feeder, bill Female cardinal chases male away at feeder
TAPE 1 Male red bellied woodpecker at feeder, bill
TAPE 1 Male robin on branch
TAPE 1 continued on TAPE 2 (must fast forward to image) Female and male purple martin at nest box Female purple martin's bill Female and male purple martin
TAPE 2 Eastern king brd
TAPE 2 Least tern (endangered animal) getting on its nest Least tern getting on its nest Least tern on its nest Least tern getting on its nest Least tern getting on its nest and off again Least tern close up of bill Least tern close up of head Least tern eggs and nest
TAPE 2 Flock of black bearded skimmers Black bearded skimmers on nest, bill Black bearded skimmers on nest, head
TAPE 2 Common tern on beach and eggs Flock of black backed skimmers Common tern eggs and nest
TAPE 2 Piping plover - an endangered species
TAPE 2 Least tern and chicks brooding Least tern and chicks run and brood Least tern and chicks run and brood Least tern feeds chick fish Least tern - bill Least tern on nest and turning around Least tern flying off of nest Least tern getting on nest - close up Least tern's eggs
AS OF 7/31/98 THIS FOOTAGE IS MISSING Black backed skimmer on nest, bill Black backed skimmer with dragging wing displayed, walking around
(10:00:15) Mr. STEINER. Mr. Altman returned from that meeting, and as I said, I spoke to him at some point that afternoon, and be described to me what were strong arguments made by Mr. Nussbaum at that meeting. I suspect I, without choosing my words particularly carefully, interpreted those arguments as encouraging him in a direction-let me make it very clear that, at no point, did Mr. Altman say to me, I feel under pressure or the White House is pressuring me to do something; let me also make it clear, if I might that to the best of my knowledge, Mr. Nussbaum was the only person who made 327 those comments on the subject of recusal so when I use the White House, it is a euphemism for Mr. Nussbaum, The CHAIRMAN. I'd like YOU to now search your memory. When you say that Mr. Altman described to you what had been said by Mr. Nussbaum that created this impression of intense pressure, I want you to think ' as carefully as you can, as to exactly how Mr. Altman would have described that to you. What did he say to you? Mr. STEINER. I want to make it clear, Senator, that it was not my impression at the time that be was under intense pressure. As I said before, I did not write this diary for the purposes of providing a precise narrative. Mr. Altman recounted to me what I believe were two arguments made by Mr. Nussbaum. I know that he has testified before on this subject. The first argument was that he was concerned about recusal as a precedent for other Administration officials. The second concern was that the RTC had a reputation for being a fairly partisan institution, and be was concerned that in Mr. Altman's absence, this investigation, which Mr. Altman had made clear that he wanted handled in a completely nonpartisan, nonpolitical matter, would be carried out in a partisan fashion, I believe those were the two concerns Mr. Nussbaum expressed. The CHAIRMAN, Time is not going to permit me to go to your next entry right now, but that's much more important and it comes right behind your first entry that we just talked about, where you clarify and you say, "at a fateful White House meeting with Nussbaum, Ickes, and Williams, however, the White House staff told Roger Altman that it was unacceptable." That's now with respect to the recusal. Now there's some words before that and after that, and I'm going to read those when time permits. But the 7-minute time periods here are limiting to us in that regard. It's very clear to me, from reading your diary, which you wrote to yourself, not thinking an ybody would ever read it, that there was a problem here of Mr. Alt- man being under very significant pressure with respect to this decision. When I have the chance, I'll come back and lay out the remaining entries that you gave here, so that you can respond to those. Senator DAmato. Senator D'AMATO. Thank you very much, Mr. Chairman. The CHAiRmAN. Let me just ask unanimous consent that these entries go into the record. OPENING COMMENTS OF SENATOR ALFONSE M. DAMATO Senator D'AMATO. Let me go to this point Senator Riegle just touched on and that you just began to speak to. You said that one Of the things that Secretary Altman told you was that Mr. Nuss- baum advanced two reasons for not recusing himself, one being a precedent and the other being that the RTC was partisan and that, in the event that Mr. Altman stepped aside, he was concerned about them being partisan? Do you recall him saying partisan or tough? Because, I mean there's been numerous accounts now, and everyone has used the word tough, and there's a big difference. ~ Mr, STEINER. I appreciate that distinction, Senator. I don't recall the precise words that Mr. Altman used. That was the impression 328 that I had at the time. I think the concern was, as I said be Mr. Altman had made it very clear to Treasury staff and to RTC staff that he wanted this case handled in an identical fashion to all other cases at the RTC. That meant in a hands-off nonpartisan fashion. Senator D'AMATO. Why would you brief the White House on the issue of recusal? Don't you think that goes into an area that shouldn't have been discussed? Let me say this. Did you have any conversation with Roger Altman before the February 2 meeting at the White House concerning the subjects to be covered at that meeting? Mr. STEINER. I recall meetings on the general subject of Madison and the general subject of recusal and the statute of limitations deadline. I do not recall meetings that specifically addressed the subjects for that meeting. Senator DAMATO. Did you testify in your deposition that the two subjects to be discussed were the statute of limitations applied in Madison and the issue of Roger Altman's recusal? Mr. STEINER. It would be helpful, Senator, if I could see a copy of the deposition. I've now given testimony 5 times. It would be helpful if I could have a copy in front of me.
Tape 2080 Part 1 Eastern Bluebird ( Sialia sialis ) CU Male bluebird at a tree cavity. Chicks are not seen. He removes fecal sacs and flies away. He returns with some food for chicks. Chicks heads can be seen inside tree. He flies away.
TAPE 1 01.16.30 Brown or grizzly bear cubs on a beach playing 01.19.20 Sow fishes in windy lake and with her cubs 01.20.50 Sow and cubs come down the beach, go down the beach, stand up and run 01.23.10 Bear walks on a bridge, then goes in to the water to fish 01.24.30 Cub tears down bear warning sign, platform and people 01.26.30 Sow on the far shore watching
Preview cassette # 98046 (05.03.49 - 05.05.50) 05.03.49 WS camel and people (one riding, one walking) down arid road: pretty green in hills beyond 05:04:10 MS camels with riders 05:04:25 MS Egyptian man in fez, on camel in front of Sphynx -- the shot that says "Egypt" 05:04:50 camel, Sphynx, Pyramid: good location shots 05:05:10 LS nomads seated on ground, village in distance
Miscellaneous short location shots, all sorts of stuff: factory; men with ox; good shots of demonstrators with signs in Chinese (could be Taiwan or US Chinatown); Tibetan monks with elaborate headdress and robes.
(10:05:59) Senator D'AMATO. Page 142 of the deposition. Question: What were you told the White House was going to be told about the recusal issue? Answer: I believe that Mr. Altman planned to recuse himself. Page 142 in the middle of the page. Is that your testimony? Mr. STEINER. Just one moment, please. [Pause.] The CHAIRMAN. Have you been able to locate that page, Mr. Steiner? Mr. STEINER. Yes, I have, Senator D'AMATO. Do you see that on line 10? Mr. STEINER. I do indeed. Senator DAMATO. "Question: What were you told the White House was going to be told about the recusal issue?" Then what's your answer, line 12? Mr. STEINER. I believe that Mr. Altman plans to recuse himself. As I testified this morning, I think he was planning to or leaning toward that direction. Senator D'AMATO. So it was your understanding that Roger Altman planned to tell the White House of his decision to recuse himself. Is that correct? Mr. STEINER. That is correct. Senator DAMATO. You testified that you had a meeting with Roger Altman shortly after he returned from the February 2 meeting at the White House. What did Mr. Altman tell you about the White House's reaction to his decision to recuse himself in the Whitewater case? Mr. STEINER. As I said earlier, Senator, to the best of my recollection, be only related to me the reaction of Mr. Nussbaum in specific terms . As to the other attendants at the meeting, be said that they did not have particularly strong views about it one way or the other. 329 Senator DAMATO. Let me refer you now, Mr. Steiner, to your testimony, page 144. Take a look at that, line 2. "Question: What did Mr. Altman say to you that had been said at the White House?" Would you read your answer, starting from line 6? Mr. STEINER. Line 6. "Second, that Mr. Nussbaum did not agree with Mr. Altman's plans to recuse himself." Senator D'AMATO. Now what else did you talk about? Mr. STEINER. I'm not sure I understand your question, Senator. Senator DAMATO. What else did Mr. Nussbaum say? Mr. STEINER. As I said earlier, Mr. Nussbaum made arguments, to the best of my recollection as related to me by Mr. Altman be gave two reasons why be thought recusal was not the wisest course of action. Senator DAMATO. One? Mr. STEINER. I'm sorry? Senator DAMATO. One reason? Mr. STEINER. Two reasons, Senator. Senator DAMATO. What was the first reason, court precedent? Mr. STEINER. Court precedent, that is correct. Senator DAMATO. And the second, that he was afraid that the RTC would handle it in a partisan manner? Mr. STEINER. That's correct. Senator DAMATO, If Mr. Altman left. OK Did you have an opinion as to whether or not, did you respond to the whole recusal discussion that you bad wrilth Mr. Altman, if you can recall? Mr. STEINER. I'm sorry, I don't understand your question, Senator. Senator DAMATO. What was your opinion? You discussed this issue about recusal with Mr. Altman. What advice did you give him? Mr. STEINER. I was in favor of Mr. Altman recusing himself. Senator DAMATO. What was Mr. Altman's reaction to the response of the White House to the decision to recuse himself when he mentioned that to them? Mr. STEINER. I think he was surprised by the strength of Mr. Nussbaum's arguments, and that's about it. Senator DAMATO. He was surprised at the reaction? Mr. STEINER. I think he was surprised by the strength of Mr. Nussbaum's arguments. Clearly, be was considering them carefully. Mr. Nussbaum is an articulate and thoughtful attorney. I think he wanted to weigh Mr. Nussbaum's advice carefully. Senator DAMATO. Is that why you came to the conclusion that he was under intense pressure from the White House? Mr. STEINER. Let me state again, Senator, that I did not attend that meeting. I wasn't present to see Mr. Nussbaum. Senator DAMATO. But you had a feeling that there was intense pressure. This was our boss. You understood what he was going to through? He wanted be a good soldier, He goes in with the idea to recuse himself. lie comes back, he's pretty much beat up, and now he's going to reconsider, Were you aware, for example, that Jean Hanson bad recommended that be recuse himself.? 330 Mr, STEINER. I can't recall the individual positions of the members of the Treasury staff, Senator. Senator DAMATO. You mean the General Counsel and you never discussed this issue of recusal?
Preview cassette # 98046 Good shots of a very large press turning out what looks like sheets of rubber or latex. Men move about, trimming the excess and smoothing out the huge roll as it turns.
ON TAPE L-O51 (# 98046) Good CU of Greyhound Bus sign in large city
CU 1950s electronic box, with mysterious knobs and gauges. A hand comes into frame and turns one knob and another. The box could be a small radio transmitter, but is generic enough to represent old "high technology"
(10:20:30) Mr. DEVORE. He asked if I could be of assistance to him, He expressed some sympathy to me. He was aware that I wasn't long for the Federal Government, that I was retiring within 2 weeks. And in the course of our conversation, he became aware that I bad recently buried my father, He was apologetic, but, yes, be wanted to see if I could find out anything that would be helpful to him in his efforts to write a story. Senator DODD. I see my time is up, The CHAIRMAN. Thank you, Senator Dodd. Senator Gramm. OPENING COMMENTS OF SENATOR PHIL GRAMM Senator GRAMM. Thank you, Mr. Chairman, Mr. Foreman, you're the Chief Ethics Officer of the Treasury Department, is that right? Mr. FOREMAN. Yes, sir. Senator GRAMM. Did Ms. Hanson ever ask you to give her your opinion on the ethics of calling Mr. Nussbaum and telling him that the President was referred to in at least I of 9 criminal charges that were being forwarded from the RTC to the Justice Department? Mr. FOREMAN. No, Senator, she did not, Senator GRAMM. I'm now asking you to try to put on your hat as an ethics officer. I tried in vain, yesterday, to et Ms. Hanson to give me her ethics judgment. I think one of the things we're trying to do here is determine what are the parameters that you have set for yourselves at the Treasury Department, at the White House, and at the RTC on how you deal with ethics and where this very fine line is. In your opinion, is a potential press leak, which has appeared nowhere in print or on the electronic media, but one that you bear may occur, is that justification for notifying, directly or indirectly, a person who is referred to in a criminal referral? Would that be a breach of ethics to you if someone did that? Mr. FOREMAN. Senator, that would have to be analyzed on the question of legitimate Government purpose. I'm trying to deal directly, as you phrase it, because my knowledge of the actual events last fall are very limited and sketchy, and I've heard a number of things in the last few days. But the way that you phrase it, the 334 question first is: Is the information nonpublic or not? I've heard a lot of testimony about that. Senator GRAMM. Mr. Foreman, let me stop. I've been down this road 4 or 5 times. Let me go back and express it, so we can conserve time. Mr. FOREMAN. Yes, sir. Senator GRAMM. Ms. Hanson was notified by the RTC that there were 9 criminal referrals coming "in to Washington, and that at least or 1 of them mentioned the President . She was also notified that there might be a press leak when this information got to Washing- ton. That basically is her statement. As the Ethics Officer of the Treasury, in your opinion, was it a violation of ethics at the Treasury for her to inform Mr. Nussbaum of these criminal referrals that made reference to the President, in light of the statement that there might be a press leak, even though nothing had appeared in the media? What I'm trying to get at is, is it a justification to notify someone who is referred to in a criminal referral, which is confidential information, is it a justification to notify them because it might be leaked, in your opinion, with your bat on as the Chief Ethics Officer of the Treasury? I? Mr.FOREMAN. I can only say that I heard you say that for her to notify Mr. Nussbaum in those circumstances, then you followed that by saying the person, -themselves. Senator GRAMM. He is counsel to the person who is referred to. Mr. FOREMAN. He's the White House Counsel, and in those terms, my answer is, yes, sir, that would be, in my view, ethically OK for her to notify Mr. Nussbaum in the circumstances that you set forth on a possible press leak about something that might involve the President or the Presidency. Senator GRAMM. Even on a criminal referral that makes reference to the President, something that under no other circumstances would be appropriate, in fact, it would be illegal, as I understand it, but in this case, because it might appear in the media in the future, it is OK to pass the information on to him? Mr. FOREMAN. Sir, this has been-in my view, the Office of Government Ethics' analysis is an accurate one. They looked for a legitimate Government purpose to do this, and they found it in a situation related to the possible press leaks, and I agree with OGE's analysis in that situation. Senator GRAMM. What about the other 8 referrals that didn't refer to the President?
(Tape One) Naknek Lake, mountains and heavy clouds, beautiful dark lake, reflection of mountains in water, zoom into better view of woods and snow-capped mountains beyond 05:12:26 Alaska tundra and mountains in Denali National Park, green-grayish grass lays at the base of lined, snow veined mountains 05:13:19 Closer view of the snow laying in the valleys on the mountains 05:13:20 Rainbow against mountains, various moutains 05:14:26 Hard storm in mountains and panoramic view, one part of area is black and covered with rain while another is in sunshine 05:16:12 Magenta fireweed and Mount McKinley scenic, beautiful still shot