August 10, 1995 - Part 2
August 10, 1995 - Part 2
(11:40:00) Mr. NUSSBAUM. I have to talk about it to answer your question, Senator. In Watergate, the White House resisted, bitterly resisted until the Supreme Court ordered it to turn over the tapes and other documents. In this case, in the Clinton White House, what happened was, while I protected the right to assert privilege, no privilege was ever asserted. So contrary to the Nixon White House, the Clinton White House-number one, preserved every document, there's no 181/2 minute gap; number two, turned over every document that law enforcement requested; and number three, cooperated fully with law enforcement. That's the difference, Senator, between Watergate arid what is now known as Whitewater. Senator SHELBY. How could you assert what you just said, knowing that you helped orchestrate the dispersal of the documents everywhere, the papers everywhere, stonewalled a real investigation 1340 until there was no need for a real investigation because there's probably not much there? How could you do that? Mr. NUSSBAUM. You know something? I agree with you There's not much there. Senator SHELBY. After you got through with it, Mr. NUSSBAUM. No, no, before it began. There was not much there before I started and there's not much there now. Nor there be much there if yoSenator SHELBY. Did you preserve the index to Mr. Foster's file' that the secretary talked about here as missing? Mr. NUSSBAUM. I know, Senator Shelby, of no index. I know per:; sonally of no index, but apparently you do have an index contained on a computer disk with respect to the files in Mr. Fosters office., Senator SHELBY. It's missing, though, and you said nothing wag missing, and that was obviously missing. Mr. NUSSBAUM. Nothing is missing as far as I know. Senator SHELBY. Sure, that was missing. That's in dispute- We had sworn testimony before this Committee, saying that she made an index and it's missing, and it could be central to what people are looking for. Mr. NUSSBAUM. But she also testified that she used her computer and her index, that there is apparently an index on her computer, Senator SHELBY. Well, we're not sure about that. I wanted to ask you some other things. I want to put some notes up. Are you familiar with Mr. Gearan at the White House? Mr. NUSSBAUM. Yes. Senator SHELBY. I'm sure you've seen these notes, that he testified under oath that he contemporaneously made, at 11:45 a.m. , July 29, 1993, dealing in a party call, conference call with Phil Heymann, Dave Gergen, and himself. You're familiar with this, are you not? Mr. NUSSBAUM. No, I'm not. I mean, I know there are notes. I wasn't involved in that phone call. Senator SHELBY. Would counsel give him a copy of these? It's just four pages, if they would, I just want to refer to parts of it, if I can. These are notes that Mr. Gearan testified under oath that he made, as I said, in a conversation with Mr. Heymann. I'll refer you to page 3. These are Phil Heymann's words that he took down, basically in all stages, if we can go to page 3. Basically in all stages, controlled in all ways. In other words, he was talking about you, the White House Counsel. They don't feel they can say, and that is the Park Police and the FBI, they've conducted an inquiry. Much too much control from the beginning of investigation, Mr. Nussbaum. This is Phil Heymann again. It was a mistake to rely on silence on low-level investigators when dealing with a high-level case like this. Mr. Heymann, who you said was a man of principle, integrity, and intellect. Mr. NUSSBAUM. That's correct. Senator SHELBY. These are his words and his observations of what you were doing at the White House, controlling or thwarting the whole investigation. Now I'll go on to page 4, if I can. The Gearan notes-Dave Gergen, D.G. We need, if and when Park Police releases notifica 1341 tion for response. Phil Heymann, absolutely. I'll set it up. Then at the end, Phil Heymann, documents have been distributed over my objections. This is the Deputy Attorney General of the United States. And you're saying now you didn't control this investigation? Mr. NUSSBAUM. Yes, Senator, I'm saying I didn't control this investigation. All that proves is that a person of great principle and integrity can sometimes be wrong, Senator SHELBY. Even this morning, do you, searching your memory, not recall Phil Heymann's conversation with you when you said, I'll call you back? Will you let me know? And you didn't recall that, a man of your intellect? You don't recall that, seriously?