August 9, 1995 - Part 2
August 9, 1995 - Part 2
(11:00:21) Mr. NUSSBAUM. Good to see you again, Senator. Senator HATCH. It's nice to see you. I have to ask some of these questions. Let me go through them as quickly as I can and just establish some of the facts and see where we go from there. Now, as I understand it, Mr. Foster, who was the Deputy White House Counsel, was installed in that position actually before you tool over as White House Counsel? Mr. NUSSBAUM. That's correct. Senator HATCH. Were you acquainted with Mr. Foster before he became Deputy White House Counsel? Mr. NUSSBAUM. I met Mr. Foster in Arkansas at the end of 1992 and I became acquainted with him at that time. After the President was elected, while he was President-elect, I went to Arkansas to discuss the position with the President of becoming White House Counsel. Senator HATCH. So you just knew him slightly? Mr. NUSSBAUM. That's correct. Senator HATCH. Let me direct your attention to July 21, 1993 Other Members of the Committee may dwell on July 20 and the events occurring shortly after you learned of Mr. Foster's death but I would like to focus primarily on events occurring on July 21 and 22, 1993. Now, as White House Counsel, you believed, as I understand it, that you were going to be the principal contact in dealing with the various law enforcement agencies; right? It would be naturally your job? Mr. NUSSBAUM. Yes. Senator HATCH. Isn't it true that in your capacity as Counsel to the President, you took it upon yourself to call your old friend Phi Heymann, the Deputy Attorney General and ask whether the De partment would coordinate the investigation into Mr. Foster's death? Mr. NUSSBAUM. Yes, you see, Senator, I realized in the West Wing on July 21 that-after meeting with the Park Police and they asked me to interview members of my staff, look at Foster's office I realized-the FBI was around. The Secret Service was around. I realized there was a potentiality for numerous investigations, and 1215 I understood that. The Secret Service is concerned with Presidential security. They may want to look into it. The FBI is our premier law enforcement agency Senator HATCH. But you called Heymann in this case? Mr. NUSSBAUM. -they were the one looking-I called Heymann because what I wanted to do is to get one agency to coordinate the investigation, so people could be interviewed once, documents could be reviewed once. It's a normal and natural thing to do and that's why I called Phil Heymann, to ask him to do it. Senator HATCH. Then it was your idea to have Justice coordinate the investigation? Mr. NUSSBAUM. That's correct. senator HATCH. And you called Heymann. Do you recall the substance of your discussion with Mr. Heymann, other than Mr. NUSSBAUM. Phil-there's going to be-he knew about Vince's death. Obviously there will be investigations and there may be a number of investigations, would you consider coordinating these things under the Department of Justice general supervision. But I didn't say to him who should conduct the investigation. I didn't say the FBI should do it or the Secret Service should do it or the Park Police should do it. That was up to law enforcement to decide how to do it. I said I would just like my people and other people interviewed once, hopefully, by one agency rather than different agencies walking in, and I said also that I would like documents to be examined once Senator HATCH. So that was basically the substance of your conversation with Mr. Heymann at that time? Mr. NUSSBAUM. That's correct. Senator HATCH. You also recall meeting with Justice attorneys David Margolis and Roger Adams after that day? Mr. NUSSBAUM. Yes. senator HATCH. You remember, do you not, that the Park Police officers and FBI agents were also present at that meeting? Mr. NUSSBAUM. Yes. Senator HATCH. During that meeting, the Department of Justice attorneys made it clear that they wished to review the documents in Mr. Foster's office that might bear upon his frame of mind before he committed suicide; right? Mr. NUSSBAUM. No, that's not correct. Senator HATCH. They did not? Mr. NUSSBAUM. No, let me tell you what happened, Senator. The Department of Justice attorneys, David Margolis and Roger Adams, as I said on my statement, are good, decent, intelligent ,people. I expressed to them when we started discussing the possibility of searching Foster's office-I said to them, I have some concerns. This is a lawyer's office. There are issues of confidentiality. 'There are issues of privilege. There are issues of executive privilege. I said there are sensitive documents, and they, being the kind people hey are, were sensitive to those concerns. Senator HATCH. I understand, but they were concerned about Whether there was a suicide note or an extortion note? Mr. NUSSBAUM. They were concerned whether there was a suicide note, that's correct. So we had a dialog-good lawyers-at east I hope-they were good lawyers at least-good lawyers were 1216 talking to each other to try to resolve what is a tricky and difficult issue. Good lawyers with sort of different institutional interests and different institutional concerns and that's what was going on, Senator Hatch, in that office. They were trying to see my point of view, and I was trying to see their point of view and in doing so, we were discussing various options. Senator HATCH. And one of the things that you were discussing concerning some of the documents was that; in Mr. Foster's office, that they might be privileged