August 9, 1995 - Part 5
August 9, 1995 - Part 5
(14:29:17)(tape #10139 begins)Opens to various shots of Senate Hearing room where Committee, media and audience are assembling and mingling (14:39:48) Hearing resumes: 1263 AFTERNOON SESSION The CHAIRMAN. Senator Sarbanes, Senator SARBANES- I yield to Mr. Ben-Veniste. Mr. BEN-VENISTE. Thank you, Senator Sarbanes. Good afternoon, Mr. Nussbaum. Mr. NUSSBAUM. Good afternoon. Mr. BEN-VENISTE. One of the things that Mr. Heymann and Mr. Adams testified to that concerned them was that following the search of the office on July 22, the next day a Washington Post story that appeared stated that the Department of Justice had supervised the search in Mr. Foster's office. Now, let me ask you first whether you or anyone at the White House to the best of your knowledge put out a statement that said that the Department of Justice had supervised the search? Mr. NUSSBAUM. I did not, nor to my knowledge, did anyone else at the White House. Mr. BEN-VENISTE. Indeed, we have reviewed the briefing and the statement released by Dee Dee Myers on the evening of the 22nd, and that statement did not reflect that the Department of Justice had supervised the search. But I am curious to know whether you had heard from any other source as to whether this was simply a jump that the reporter had made or whether there was anyone at the White House who had actually suggested that the Department had supervised the search? Mr. NUSSBAUM. To my knowledge, no one at the White House suggested that the Department had supervised the search. Mr. BEN-VENISTE. So this could be another circumstance where, from the Department of Justice's standpoint or the individuals involved-Mr. Heymann, Mr. Adams, and Mr. Margolis-they could have been justifiably concerned that someone may have tried to spin or manipulate what had actually occurred, but in fact this was nothing attributable to you or people at the White House? Mr. NUSSBAUM. That's correct. Mr. BEN-VENISTE. Before our luncheon break, there was a suggestion that in connection with the actual procedure that was employed during the afternoon of July 22, that no one had testified that the law enforcement or Department of Justice personnel involved had had any input into what should be segregated for later review and consideration by law enforcement. Do you recall that? Mr. NUSSBAUM. Yes, sir. Mr. BEN-VENISTE. Over the break, we have, Mr. Chairman, reviewed the testimony that we have received so far either by testimony here in the hearings or testimony in prehearing depositions. May I say that Mr. Adams, Mr. Spafford, Mr. Neuwirth, Mr. Sloan, Mr. Burton, Agent Salters, Captain Hume, Sergeant Markland, and Special Agent Flynn of the Secret Service have all testified that, indeed, during the search they made various requests to review materials and that those materials were put aside in a segregated pile for later review. If the Chairman so wishes, we can make reference to the specific pages at which that testimony was given. So, hopefully, that does clarify the matter. Mr. NUSSBAUM. That is consistent with my memory as well. 1264 Mr. BEN-VENISTE. Let me go to the 22nd. Direct your attention thereto, May I ask that the diagram that was marked as Exhibit I of August 7 be placed on the Elmo machine? Mr. Nussbaum, can you see that? Mr. NUSSBAUM. I can. Mr. BEN-VENISTE, This is a somewhat more-to-scale rendition of Mr. Foster's office than we had been operating with previously. Does that layout comport with your recollection of Mr. Foster's office on the 20th of July 1993? Mr. NUSSBAUM. It does. Mr. BEN-VENISTE. Do you see where the two X's are?