(11:25:43) Senator HATCH. Sure. Mr. NUSSBAUM. And with Presidents, it's good. It's desirable they have outside advisors, that they can look to people on the outside, not just the people in the White House. Susan was one of those people. I wasn't disclosing to her confident-Senator, could I just finish, please, Senator. Senator HATCH. Yes, go ahead. Mr. NUSSBAUM. I wasn't disclosing to her national security information or confidential information or privileged information. I was just telling her that a discussion had arisen in the White House as to a process, as to how something should be done. I didn't even discuss with her, I don't believe, exactly how it should be done. I just said to her The CHAIRMAN. Mr. Nussbaum. Mr. NUSSBAUM. Senator, please The CHAIRMAN. If I might, I think one of the keys is did she initiate the conversation as it related to the methodology that was being considered for the search to be undertaken? That's what the Senator is getting at. Mr. NUSSBAUM. No, the Senator was talking about the conversation The CHAIRMAN. I'm interested in that and I think Senator HATCH. The point is did you tell her or did she tell you about these concerns? You say that she told you, That's all I want to establish. Mr. NUSSBAUM. Senator D'Amato, I'll answer your question and Senator Hatch's question. My memory is that she initiated the concern--she initiated discussion abouf whether or not there was a concern about a procedure. But to answer the Senator's question, I didn't think it was improper to talk to her about this because she was an outside advisor and I wasn't disclosing any confidential or national security information. criticizing you- Senator HATCH. That is not mMr. NUSSBAUM. I'll try not to be so combative, Senator. Id you en Ms. Thomases to Senator HATCH. You're doing fine. When I that people were concerned about the search of Mr. Foster 's office, did Ms. Thomases indicate which "people" were concerned? Mr. NUSSBAUM. No. Senator HATCH. Did she mention the President or the First Lady, for instance? Mr. NUSSBAUM. No, she did not. Senator HATCH. Could Ms. Thomases have been in communication with the President or the First Lady? Mr. NUSSBAUM. Could she have? Absolutely she could have. Senator HATCH. It would not have surprised you if she had been? Mr. NUSSBAUM. It would not have surprise me if she had been. Senator HATCH. Did the President call You about the document review at any time? Mr. NUSSBAUM. He did not, Senator. Senator HATCH. Well, wouldn't it be odd for them to call Ms. Thomases, if they did, and not call you if that happened? Mr. NUSSBAUM. I don't know know if it happened. Senator HATCH. You don't know whether or not either of them called her? 1224 Mr. NUSSBAUM. No, I do not, Senator. Senator HATCH. Did you tell anybody about your contact with Ms. Thomases at all, in the White House or otherwise? Mr. NUSSBAUM. I may have. I just don't recall at this point. Senator HATCH. Did you tell Steve Neuwirth, for instance, your Associate Counsel? Mr. NUSSBAUM. I may have told Steve Neuwirth, yes. He was a senior person on my staff. It's quite possible I told him. Senator HATCH. Mr. Neuwirth, your Associate Counsel, whom' you brought to Washington with you from your firm of Wachtell, Lipton, has testified that you told him that Ms. Thomases and the' First Lady were concerned about law enforcement having unfettered access to the documents. Could we. put up that page-it's page 112 of the deposition--on the Elmo. Let me read lines 2 through 6. Question: What did Mr. Nussbaum tell you about the conversation that he had with Ms. Thomases? Answer. (by Mr. Neuwirth] While I don't remember his exact words in a very brief discussion, my understanding was that Mr. Nussbaum felt that Ms. Thomases and the First Lady may have been concerned about anyone having unfettered access to Mr. Poster's office. Did you say that to Mr. Nussbaum or you just can't recall? The CHAIRMAN. Mr. Neuwirth. Senator HATCH. Mr. Neuwirth, excuse me. Mr. NUSSBAUM. No, I have no memory of saying that to Mr. Neuwirth, but as I said in my statement, Senator, I always assumed that the First Lady, like any good lawyer in the White House , would not believe unfettered access to a lawyer's office was proper, but I have no memory of saying that to Mr. Neuwirth. Senator HATCH. You do not have any reason to disbelieve Mr. Neuwirth's assertion there? Mr. NUSSBAUM. Absolutely not. That is correct, Senator Hatch. Senator HATCH. Did you talk to the President or the First Lady on either July 21 or July 22? Mr. NUSSBAUM. No, I didn't-did I talk to them on either of those days? Senator HATCH. Well, about this? Mr. NUSSBAUM. About this, no. Senator HATCH. At this time, Linda Tripp was Executive Assistant to the Counsel to the President. In other words, she was your principal assistant or office manager, is that a fair characterization? Mr. NUSSBAUM. She was one of my senior secretaries is the more accurate way of Senator HATCH. She's testified before the Committee that she remembers you receiving a phone call from the First Lady during this time, and that's on page 23 of the transcript from her appearance before the Committee. Maybe we could place that up on the Elmo and let me just read the following from that. Question: What about the First Lady, do you have a recollection of her having a telephone conversation with Mr. Nussbaum? Ms. TRIPP. I don't have a clear recollection of the First Lady speaking to him during that time frame. Question: Do you have some kind of a recollection of it? 1225 Ms. TRIPP. I know at one point there was a telephone conversation between Mr. Nussbaum and Mrs. Clinton. I don't recall when that was.