August 1, 1994 - Part 2
August 1, 1994 - Part 2
(12:05:27) Senator FAIRCLOTH. Mr. Ryan, the editorial alleges that you have provided the Minority staff of the House Banking Committee with documents regarding other thrift scandals. But you refused, even before Robert Fiske was named as Special Counsel, to give Representative Leach the same documents about Madison Guaranty. Why would you treat Madison Guaranty documents differently than other thrift documents? 29 Mr. RYAN. I don't believe we have, Senator. It's my understanding that our position has been, and remains, consistent with respect to the provision of information to individual Congressmen. We followed the position that an individual Congressman is entitled to information that is available under the Freedom of Information Act, unless it comes as part of a Committee request. That has been our position. That is the position taken by other Government agencies and that's the position taken by the Department of Justice. We are involved in litigation with the Congressman. Senator FAIRCLOTH. You made no distinction between providing these documents on Madison and any other failed thrift? You gave out just as much information on Madison? Mr. RYAN. We believe that we have been consistent. We are involved now in litigation with Congressman Leach over that very issue. I would submit for the record a copy of our brief in that regard. Senator FAIRCLoTH. The question is, you're negotiating with him now. But back when this first-before Fiske was appointed, did you give information on other failed savings and loans and withhold inFormation on Madison? Mr. RYAN. No, sir. We think we have been consistent in the provision of information, The other information given was in connection with a Committee inquiry. Senator FAIRCLOTH. Thank you, Mr. Chairman, The CHAIRMAN. Why don't you go ahead and give us that brief you spoke about and we'll put it in the record. Mr. RYAN. I will. The CHAIRMAN. Just briefly, Senator Sarbanes. Then I want to go to Senator Kerry, Senator SARBANES. You made the suggestion I was going to make, that the Committee should receive for the record the brief that Mr. Ryan and the RTC have filed in that case, which lays out their position as to why they believe they have been consistent in the ding of this information. I = that would be very helpful. The CHAiRmAN. Without objection, we'll make that a part of the record, I Senator Kerry. OPENING COMMENTS OF SENATOR JOHN F. KERRY Senator KERRY. Thank you very much, Mr. Chairman. Mr. Chairman, in the 7 minutes that I have, I'm not going to be able to-nor can any of us go through in depth-lay out the full Measure of what I want to try to establish here. But let me clarify a couple of points, if I can, quickly. A number of colleagues have made a point about this information going to the White House being privileged information at that particular moment. In fact, Senator Faircloth just mentioned it. Mr. Katsanos, isn't it a fact that at the very moment this discus$ion was taking place, Mr. Roelle sent a copy of an E-mail message that came from the RTC office, which actually bad reporters' inqueries about the criminal referrals? 30 STATEMENT OF STEPHEN J. KATSANOS, DIRECTOR OF THE OFFICE OF CORPORATE COMMUNICATIONS RESOLUTION TRUST CORPORATION, WASHINGTON, DC Mr. KATSANOS. I'm not familiar with Mr. Roelle's E-mail. Senator KERRY. There is-and we can the documents. In fact I'll find it, if you want, and we'll come back to you later on that' But there, in tact, is an E-mail message office. .Fe that came into your We have a copy of it, which is why I had able to say this. It refers: to the inquiry, and it's now a matter of record, that in the early bird publication 2 days later, there was reference to the criminal I referrals. So that's what prompted everybody's notion, uh oh, this is out In the press, Isn't that accurate? Mr. ROELLE. Are you asking me, sir? Senator KERRY. If you can answer it, fine. Mr. RoELLE. The E-mail I think you are referring to was sent to me by Mr. Katsanos. It was forwarded, I believe. It was an E-mail that had been sent from our investigator in Kansas City . there was an Senator KERRY. All I'm trying to establish is that E-mail. Correct? Mr. ROELLE. Yes, sir. Senator KERRY. And there was a reporter who's already inquiring about the criminal referrals? Mr. ROELLE. Yes, sir, but that wasn't at the same time that I had briefed. It was after. But I don't remember exactly when. Senator KERRY. Correct. This was on September 27, 1993. Senator D'AMATO. The E-mail ' I think ' was on October 6, 1993. Senator KERRY. The E-mail--September 30, 1993, was the date of the early bird, September 27, 1993, right around that time.