August 10, 1995 - Part 2
August 10, 1995 - Part 2
(12:00:40) This relates to the issue that Senator Kerry raised concerning the question of what documents were distributed. Mr. Nussbaum, I don't see how you are in a position to know that all of the documents were thereafter turned over to various people because you are not the custodian and did not have the absolute ability to control the documents. You have indicated that you had trust and confidence in various people, but that is at issue here, and certainly Mr. Heymann was concerned about, or the notes indicated that he was concerned about the distribution. We are trying to find out whether the mainframe can produce the indices that Ms. Gorham seems to indicate were not there. Now we have gone on record by sending a letter from the Committee. We would like to know if you're going to undertake this, and if you're going to have the FBI do it. We have every reason to believe you are, but I think we're entitled to an answer this afternoon. Otherwise, we have to do other things, but if we could get that from a representative of the White House, I would be very appreciative. Senator Murkowski. OPENING COMMENTS OF SENATOR FRANK H. MURKOWSKI Senator MURKOWSKI. Thank you, Mr. Chairman. Might I inquire as to the time I have available? The CHAIRMAN. It has started, 10 minutes. Senator MURKOWSKI. Thank you. Mr. Nussbaum, I welcome you to. the Committee. You look rather comfortable in that chair, although I suspect you've had enough of it by now. I want to raise a number of issues in connection with your search of Mr. Foster's office on July 22, 1993. 1 would ask that Mr. Foster's briefcase be carried down to the witness stand and made available at this time. 1347 Now, in your deposition, you indicated on pages 221 and 222, and I quote: I believed I had emptied the briefcase of all the files. I don't remember seeing anything else in the briefcase. I didn't see scraps of paper, I didn't remember seeing scraps of paper in the bottom of the briefcase, By reaching in, I felt I had emptied the briefcase of all its files. Mr. Nussbaum, would you identify the briefcase in question? Mr. NUSSBAUM. Let me get my briefcase out of the way, Senator. Mr. MURKOWSKI. That's fine. Mr. NUSSBAUM. We don't want to confuse two briefcases. Mr. MURKOWSKI. Do we have the other briefcase there? Mr. NUSSBAUM. This is it, Senator. Mr. MURKOWSKI. Do you recognize that briefcase? Mr. NUSSBAUM. Yes, Senator, I recognize this briefcase. Mr. MURKOWSKI. Is that Mr. Foster's briefcase? Mr. NUSSBAUM. Yes, this is Mr. Foster's briefcase. Mr. MURKOWSKI. Do you maintain the version of your search of the briefcase and basically what you saw? Having the briefcase does not bring back any reflection on finding a note or seeing anything, so everything stands as is, right? Mr. NUSSBAUM. Everything stands as is, Senator. Mr. MURKOWSKI. Do you recall whether you actually looked inside the briefcase, looked all the way to the bottom? I wonder if you would show us how you think you may have satisfied yourself that there was nothing in the briefcase? Mr. NUSSBAUM. What I did is I took the briefcase from behind me, pulled it to the side of me Mr. MURKOWSKI. Were you sitting down or standing up? Mr. NUSSBAUM, I think I was sitting down or half-sitting. Mr. MURKOWSKI. Can you show us kind of how you, just pick the briefcase up. We're interested in knowing how you looked in it to ascertain that it was empty? Mr. NUSSBAUM. Sure, Senator. We'll do this again. Mr. MURKOWSKI. That's fine, you're doing fine. Mr. NUSSBAUM. The briefcase was against the wall-I'm not speaking into the microphone-was against the wall. I reached back, I brought it up to me, to my side, I then reached in, and I saw it was full of files, I then reached in, picked up the files, and put them on the desk. Mr. MURKOWSKI, How many files were there, do you recall? Mr. NUSSBAUM. A number, I don't recall. Mr. MURKOWSKI. Did you make two trips or did you get it all in one? Mr. NUSSBAUM. I may have made two trips. I may have. I think I did make two trips. 1, you know, it's vague, but I reached in, pulled the files up, put them on the desk, I glanced down and it was clear to me that I removed all the files. Then I just turned to describing the files. To answer your question, I don't remember looking back and looking into the bottom of the briefcase. Mr. MURKOWSKI. Did you ever move the briefcase up off the floor?