(11:10:24) Mr. Nye, yesterday Ms. Kulka testified about the status of Madison/ Whitewater case. Ms. Kulka told us that as of February 383 2: One, there were numerous witnesses that needed to be interviewed; two, there were many documents to be reviewed; three, there was much work that needed to be done in order to investigate the case prior to the 28th and that she so informed Mr. Altman, on February 1, the day before he went to the White House. Did you also attend that meeting on February 1, where Ms. Kulka briefed Mr. Altman? Mr. NYE. I believe I did, yes. Senator HATCH. Mr. Nye, you testified under oath at your deposition as follows: Question: What was--what do you mean when you say the situation that Ellen Kulka was facing? Answer. That she was going to be forced to make a decision on how to proceed without perfect information on a politically charged or potentially politically charged case. Right, you said that? Mr. NYE. I believe so. Senator HATCH. Let me read further. Question: What did Ms. Kulka say about the imperfections of the information at that point? Answer: Just that she wouldn't have enough time between-her feeling was that she wouldn't have enough time between them, the date of the meeting and the 28th, the statute of limitations expiration, to make as an informed decision as she would need to make. In her opinion, that wouldn't be enough time to sort of go through all of these mountains of documents and so forth or for her staff to do so and that ultimately she would have to be making a decision with the best information possible at that time. Question: So the shortness of time and the inability to develop fully the facts of the case was identified as problems? Answer: Yes. Is that right? Mr. NYE. Yes, I believe that's right. Senator HATCH, You did testify truthfully at your deposition? Mr. NYE. Yes, I did, and I think I also responded to that today. It's in both cases that she would have to make a decision or a recommendation. Senator HATCH. Just one last question. Now, earlier during today's testimony, you testified that one of the points Ms. Kulka discussed with Mr. Altman was the tolling agreement. Is it true that one of the issues discussed was whether or not it would be necessary to present a tolling agreement to President Clinton and the First Lady? Mr. NYE. I believe that was part of the discussion on the 1st of February. Certainly, the subject of a tolling agreement, and whether or not to present it to the President and First Lady, that I'm less certain of Senator HATCH. Mr. Chairman, could I ask one last question of Mr. Foreman? And I'll be through. The CHAIRMAN. All right. If that will finish your line of questioning Senator HATCH If I could, Mr. Foreman, 'you testified in your deposition on February 25, that you and Jean Hanson reviewed a videotape of Roger Altman's Banking Committee testimony on February 24; is that correct? Mr. FOREMAN. Sir, I haven't had a chance to review my transcript. I just saw it today, but February 24 was the date of the hearing. it couldn't have been that 384 Senator HATCH. Was it the day after, then? Mr. FOREMAN. I do not know. I remember that I taped it in the middle of the night on C-Span. Whether it was Thursday night or the weekend, I can't tell you. Senator HATCH. But you did review the videotape with Ms. Hanson Mr. FOREMAN. I reviewed a portion of the videotape with Ms. Hanson. Senator HATCH. What portion was that? Mr. FOREMAN. To the best of my recollection, there was a portion of Senator Bond's questioning that we looked at together. Senator HATCH. Is it also the case that at various times during the day on February 25 or the day when you viewed this or imme- diately thereafter, you and Jean Hanson transcribed portions of Mr. Altman's testimony from the video itself? Mr. FOREMAN. At some point, when we were watching Senator Bond's period of questioning, she wrote down a question and answer, or a couple of questions and answers about that, that is correct. Senator HATCH. In other words, made her own transcript of what was said on the videotape? Mr. FOREMAN. She was trying to do that, yes, I think, on those couple of questions. Senator HATCH. Was that within a day or so after the hearing? Mr. FOREMAN. Senator, I wish I could tell you exactly Senator HATCH. It doesn't have to be exactly. Mr. FOREMAN. It was either Friday or Monday, it was within a couple of days. Friday or Monday, whenever-after I had taped it on C-Span. Senator HATCH. In your deposition, you said it was the day after. Mr. FOREMAN. If that's what I said, that was my best recollection at the time. I do not know when I recorded it on C-Span. My idea was that it was the day after we talked about it. It could have been Monday. I don't know for sure. Senator HATCH. But you do recall sitting down with her and reviewing that portion of the transcript, Senator Bond's questions, and her making some notes as to the actual words? Mr, FOREMAN. Almost, Senator. We didn't quite sit down. I re- member that she looked at part of Senator Bond's questioning and wrote down one or two questions and answers about it. That's the best I can remember.