August 9, 1995 - Part 3
August 9, 1995 - Part 3
(12:25:39) The CHAIRMAN. I am. This picking on New York, they make us out to all be aggressive. I've been so unaggressive and Bernie's been very laid back today. Senator SARBANES. If the Senator from Alabama would yield, I tried to establish at the outset that there were a lot of able lawyers, elsewhere besides New York. Senator SHELBY. Absolutely, but there are also a lot of able ones in New York, and Mr. Nussbaum's one of them. Mr. NUSSBAUM. Thank you, Senator. Senator SHELBY. Now, Mr. Nussbaum, how long were you in pri- vate practice prior to January 19937 Mr. NUSSBAUM. I was in private practice, I was an Assistant U.S. Attorney in the Southern District of New York from 1962 through 1966, taking time out to serve in the U.S. Army. I was in private practice then from 1966 to 1993, taking time out to join my friends. Mr. Ben-Veniste and other people, and Mr. Heymann in Washington ton in 1974, to work on the Watergate matter. Senator SHELBY. YOU were counsel, one of the counsel on the Watergate hearings, is that right? Mr. NUSSBAUM. I was Senior Associate Special Counsel to the House Judiciary Committee Impeachment Inquiry. Senator SHELBY. So you had not only your private practice experience that you related, but you also had that unique experience on Watergate? Mr. NUSSBAUM. I certainly did. Senator SHELBY. Now, when you came to work, when was that, January 19? For the Government, when did you come to work? Mr. NUSSBAUM. Well, I officially went on duty, although I started work a little earlier, January 20, 1994. Senator SHELBY. Is that the date of the Inauguration? Mr. NUSSBAUM. Excuse me, January 20, 1993. That's the date of the Inauguration. Senator SHELBY. So when you went on duty, you went on the payroll of the U.S. Government, did you riot? Mr. NUSSBAUM. Yes, sir. Senator SHELBY. You ceased to be a private attorney then, did you not? Mr. NUSSBAUM. That's correct. Senator SHELBY. Back in July 1993, on July 20 and 21, subsequent dates, you were on the public payroll working as the White House Counsel here in Washington, DC. You were Counsel to the President of the United States? Mr. NUSSBAUM. I was Counsel to the President of the United States. 1241 Senator SHELBY. OK. Mr. NUSSBAUM. Which I was highly honored to be. Senator SHELBY. Sure. It's a great job, a highly respectful job. Mr. NUSSBAUM. Tough job. Senator SHELBY. Tough job is right. Now, Mr. Nussbaum, during this time from January 20, 1993, were you engaged, in any way, as a private attorney for anyone? Mr. NUSSBAUM. No, Senator, I had my hands full with the job I had. Senator SHELBY, The answer is no, Mr. NUSSBAUM. The answer is no. Senator SHELBY, So back on July 20, 1993, you were totally a Government lawyer working for the President of the United States as his Counsel? Mr. NUSSBAUM. With a specific function, yes. Senator SHELBY. That's right, but on the Government payroll? Mr. NUSSBAUM. I was on the Government payroll. Senator SHELBY. That's what I'm asking you. Now, let's go back to a couple of things you said. You said that the day after Vince Foster's death, that you were functioning as a lawyer again? In other words, you knew you had a job to do as White House Counsel, and that your mind, quote, "was focused," is that right, just a few minutes ago? Mr. NUSSBAUM. Yes. Senator SHELBY. Your mind was focused Mr. NUSSBAUM. My Mind was focused. Senator SHELBY. Mr. Nussbaum, you carry quite a memory with that mind, don't you? Mr. NUSSBAUM. Yes. Senator SHELBY. Historically wouldn't you say you've got a good memory? Mr. NUSSBAUM. Absolutely, I do. Senator SHELBY. Let's go back to when you first had a conversation, let's go in sequence, if you'll recall, with Mr. Heymann. When did you call, if you did, Mr. Heymann regarding the investigation of the Vince Foster's death? Mr. NUSSBAUM. I believe I called him mid-day, maybe even early in the day, 11:00 or 12:00 o'clock, maybe as early as that, on July 21, to ask him have the Department of Justice coordinate the various investigations which I believed would take place. Senator SHELBY. How long did this conversation go on? Mr. NUSSBAUM. Very short, Senator. Senator SHELBY. Very short. Was that the only conversation you had with Mr. Heymann that day? Mr. NUSSBAUM. I believe so. Obviously, he said he would think about it, so I did receive information, although he indicated that he was going to do it in all probability. It's possible he called me again to say OK, but I don't remember that, I remember that conversation and receiving, at some point, either in that conversation or thereafter, an affirmative answer to my request.