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August 2, 1994 - Part 1
(09:45:31) In January, , 19941 1 read press stories about Madison Guaranty which state that some type of civil claims were being reviewed by the Resolution Trust Corporation. I also specifically remember reading a letter from Senator D'Amato to Mr. Altman, dated January 25, 1994, that referred to civil claims involving Madison, the statute of limitations, and "tolling agreements." Senator D'Amato's letter noted that there was a deadline for action in late February. At that time, someone, I have no recollection as to who it may have been, explained to me that these terms related to normal RTC procedural actions relating to insolvent thrifts. I was told that the civil claims were being reviewed under routine procedures within the RTC. I believe I also read this comment in Mr. Altman's, February 1, 1994, response to Senator D'Amato. I also understood that action on the substance of the civil claims might eventually be presented to the interim CEO for decision, although no proposed action was yet on his desk. This, then, brought up the I he question as to whether Mr. Altman should recuse himself from consideration of the matter, even before it arrived. In late January or early February, Jean Hanson, the General Counsel of Treasury, asked me for my views on whether Mr. Altman should recuse himself because of his friendship with the President. I told her that I had not undertaken any legal analysis to determine whether there was a legal requirement that he recuse, but that my own first reaction was that he should recuse himself, Ms. Hanson commented that she agreed with me, Sometime after our first discussion, Ms. Hanson told me that she had discussed the recusal with Mr. Altman, and that he was "leaning" toward recusal. In mid-afternoon of Wednesday, February 2, Ms. Hanson entered my office and said something like. "we're going over to the White 323 House in a few minutes, Please look at these talking points." I remember scanning the points quickly and recognizing that they noted generally the same procedural points regarding the statute of limitations and tolling agreements that I had seen mentioned previously I in the press and in Senator DAmato's letter. The talking points did not mention anything about the substance of the Madison civil claims. I believe that I said aloud something like, "This is OK this is public information." I based my comment, in general, on information I had seen in the press and in the congressional letters. I did not believe that this was nonpublic information. If it had been I would have considered the matter further in terms of the standards of conduct, particularly Section 5 C.F.R. 2635.703, the Use of Nonpublic Information. The final talking point indicated that Mr. Altman had already decided to recuse himself. I remembered that Ms. Hanson bad told me that he was leaning toward recusal and I questioned whether he had made a final decision. I do not remember Ms. Hansons response, if any. My review of the talking points and the brief discussion with Ms. Hanson lasted no longer &an 2 to 3 minutes and my analysis centered on the public information issue. Based on the talking points I reviewed, I do not believe that the meeting violated any ethics regulation. The Office of Government Ethics has agreed with my conclusion. Based on press comments, there seems to be some confusion about the issue of appearance of impropriety. For there to be an appearance that leads to a violation of the regulations, it is not enough that there is public controversy, or criticism, or even a public uproar. The standard under the regulations is whether a reasonable person with knowledge of the relevant facts would believe that the regulations have been violated. According to the talking points I reviewed, the information to be discussed at the meeting was procedural and generally public. Moreover, to the best of my knowledge, no action was taken relating to the actual handling of the substance of the Madison civil claims themselves. Hence, I do not believe that a reasonable person with knowledge of the relevant facts would believe that the Ethics Regulations were violated. Again, I'm pleased that the Office of Government Ethics reached the same conclusion. On February 3, Mr. Altman received a letter from Congressman Leach, asking him to confer with 'Treasury's General Counsel and Ethics Officers" to consider recusal from the Madison matter. On the evening of February 2 or February 3, Ms. Hanson told me that Mr. Nussbaum thought that 1, as the Treasury Ethics Lawyer, should talk to the Senior Ethics Lawyer for his office, Beth Nolan, about the question of Mr. Altman's possible recusal.
Mexico today tails
Mule Deer 1
(Tape Two) Various shots of doe feeding in field 07:32:49 Twin fawns, 1 with spots, 1 without, eating in meadow, zoom in on one with spots 07:33:29 Doe eating 07:33:49 Backview of spotted fawn shakes head, walking in field eating 07:34:28 Unspotted fawn licks itch
Peccary
(Tape Two) Peccary herd feeding, (boars with very shiny dark hair) 07:36:28 MS head on view of a peccary, two does and a fawn trot into picture, deer feeding, peccary feeding 07:37:00 Peccary walking around, others are eating, doe standing near catcus plants and peccary comes by and tries to bite doe, peccary sniffing spot where doe was 07:37:44 Peccaries eating 07:38:10 Herd feeding 07:38:35 One peccary comes down trail, herd feeding 07:39:38 A peccary excited with bristles standing up all over back, profile, running around, smelling the ground, looking for food 07:41:44 Peccaries in herd, fighting amongst them, mostly biting, very aggressive pigs
Peccary
(Tape Two) Peccary bedded, rolls
Bison 1
(Tape One) Bison bull in light snowfall, calling, 11:29:29 Bison cow feeding 11:30:11 Huge bison bull looking for estrus cow 11:31:23 Bison flehmening
Bison 1
(Tape One) Huge bison bull chews cud, close-up's of eye, jaw
Bison 1
(Tape One) Herd, bull smells cow, flehmens 11:35:55 Cow lies down 11:36:13 Big bull drinks
August 2, 1994 - Part 1
(09:50:15) I talked to Ms. Nolan on February 4, and informed her that Treasury, RTC, and OGE were going to undertake the legal analysis related to recusal. I also informed her that I was only going to discuss procedure and that I bad no knowledge about any of the Substantive issues related to Madison. Ms. Nolan's notes indicate that we had a similar phone conversation on February 9. The only comment I remember Ms. Nolan mak- 324 ing on this subject was that the conclusion could become a precedent for similar circumstances in the future. Later on February 4, 1 went to the Office of Government Ethics and had a similar conversation with Mr. Campbell, the Deputy Director, and Gary Davis, the General Counsel. I noted again that I had no know ledge of the substance of the civil claims relating to Madison, explained the procedural framework and said that I had informed Ms. Nolan that we were going to analyze the, legal issues with OGE and RTC ethics officials. The OGE officials said they would work with Treasury and the RTC on the question. A few days later, Mr. Altman, Ms. Hanson, Ellen Kulka, RTC's General Counsel, and Arthur Kusinski, RTC's Senior Ethics Official, and I met with Mr. Altman to discuss the recusal issue, Mr. Altman directed us to ensure that our legal research and analysis was complete, thorough, and accurate, or words to that effect. In the following days, I worked on and concurred in the legal analysis and ethics opinion that was sent to Mr. Altman on February 18, 1994, by Mr. Kusinski. The Office of Government Ethics also concurred in that opinion. In essence that opinion said that there was no legal requirement that Mr. Altman recuse himself from Madison-related matters. I sent Mr. Kusinski's memorandum, with my own cover note, reiterating my concurrence to Mr. Altman on February 23, to ensure that there was no doubt about Treasury, RTC, and GE consensus on this issue. I believe there is another source of confusion in the public discussion about these meetings. Do they present issues of "ethics" or questions of "judgment." The word "unethical" has a connotation of something improper. The word "judgment" goes to the subjective reasoning power of human beings and possible human error, NOT improper behavior. In my years as an ethics lawyer, I have always said to Federal employees that if they check with us about some proposed action, and give us information about the context, and if we don't object to the activity, then criticism for the ethics call should shift to the ethics lawyer. For the February 2 meeting talking points, that ethics lawyer is me. I had an opportunity to object to the meeting, but didn't do so. I didn't object because there was nothing objectionable, in my view. It is not only unfair but inaccurate to criticize Mr. Altman or Ms. Hanson for doing something "unethical" in relation to the February meeting. That is my responsibility. That leaves the issue of judgment. As I noted before, I suggest that this be analyzed as a question of human reasoning power rather than one of improper behavior. Finally, one more comment. In my experience, ethics issues arise all the time in Federal agencies, both as considerations in decisionmaking and in connection with financial disclosure and other requirements applicable to officials appointed by the President. Secretary Bentsen introduced me to his new staff on the morning of January 21, 1993, and turned that first staff meeting over to me for a 90-minute seminar on Government ethics. The Secretary made it clear that ethical considerations were a matter of great importance for him. Based on my frequent inter 325 action with the senior officials at Treasury for the last 18 months, I believe that those officials have worked hard to conform to the many complex ethics rules applicable to senior officials. I have the highest regard for their ability, integrity, and professionalism, Thank you, Mr. Chairman. I would be pleased to respond to any questions from the Committee. The CHAIRMAN. Thank you, Mr. Foreman. Mr. DeVore, do you have a statement? COMMENT OF JACK DeVORE, FORMER ASSISTANT SECRETARY OF THE TREASURY FOR PUBLIC AFFAIRS, U.S. DEPARTMENT OF THE TREASURY, DC Mr. DEVORE. I do not, Mr. Chairman. The CHAIRMAN. Then we'll start with the question periods. I'm going to try today to keep within our time. I know there's a tendency to run over a bit, but I'm going to try to watch that very closely. I'm going to start by staying within the time myself in my first round here. Mr. Steiner, I want to start with the diary that you kept, I think it is an important document. You were the Special Assistant to Roger Altman from January until August, 1993. Then you became Chief of Staff to Secretary Bentsen, and that's a position you still hold. Is that right?
Game Birds - Blue Grouse
Tape 1 03:21:19 Male blue grouse displaying on the ground Male blue grouse displaying in the tree Male blue grouse Male blue grouse in tree, zoom
Game Birds - Willow Ptarmigan
Tape 1 Male w. P. Changing from winter white to brown
Game Birds - Ringneck Pheasant
Tape 1 Male ringneck pheasants flying
Game Birds - Eastern Wild Turkey
Tape 1 02:48:31 Wild turkey nest and eggs 02:49:16 Eastern wild turkey tom strutting up close 02:50:06 Eastern wild turkey hen on eggs and nest 02:53:15 E. W. Turkey hen on eggs and nest 02:55:30 E. W. Turkey eggs pipped 02:56:06 E. W. Turkey and just hatched poult 02:56:51 E. W. Turkey hen and 8 day poults 03:01:06 E. W. Turkey brooding poults and walking 03:02:28 E. W. Turkey eggs and nest 03:02:56 E. W. Turkey tom perched, long snood and head close up 03:03:59 E. W. Turkey tom perched, long snood and head close up 03:09:04 E. W. Turkey displaying and hen
Game Birds - Florida Wild Turkey
Tape 1 Floirida wild turkey tom and hen head and spurs Floirida wild turkey tom and hen, head and spurs
Game Birds - Bobwhite Quail
Tape 1 Male bobwhite quail calling
Game Birds - Sharptail Grouse
03:29:20 Female sharptail grouse displaying on lek 03:30:44 Female sharptail grouse displaying on lek in early a.m. 03:32:54 Female sharptail grouse displaying on lek in early a.m. 03:33:21 Male sharptail grouse close up and displaying 03:33:54 Male sharptail grouse displays, confronts and calls on lek 03:34:21 Male sharptail grouse displays, confronts and calls on lek 03:41:04 Male sharptail grouse and vista 03:42:05 Male sharptail grouse flying off with a skull 03:42:08 Male sharptail grouse killed by a great horned owl 03:42:35 Male sharptail grouse displaying 03:45:32 Male greater prairie chickens display for female 03:49:26 Male greater prairie chickens display for female close up 03:55:31 Male greater prairie chickens displaying for a female
Game Birds - White Throated Sparrow
White throated sparrow feeding on the ground W.t.sparrow feeding on the ground W. T. Sparrow feeding on the ground
Phoebe
TAPE 1 Phoebe nest and eggs
Blue Jay
TAPE 1 Blue jay opening seeds in a tree Blue jay sitting on a branch up close
House Finch
TAPE 1 House finches at a feeder shelling sunflower seeds
White Breasted Nut Hatch
TAPE 1 White breasted nut hatch on a tree
House Finch
TAPE 1 House finches at a feeder
Black Billed Magpie
TAPE 1 Black billed magpies
Cliff Swallow
TAPE 1 Cliff swallows, nests and young