August 1, 1994 - Part 3
August 1, 1994 - Part 3
(14:45:40) Senator BENNETT. Thank you, Mr. Chairman. Is this working again? All right. They gave me another one just in case. First, let me make an editorial comment, which I hope is in the nature of a compliment, Ms. Kulka. We understand from the testimony of a number of people that, at least, Mr. Nussbaum was quite concerned about the possibility that you would become the decisionmaker on this case if Mr. Altman recused himself. He described you in somewhat less than flattering terms, but the bottom line was that he thought you were too tough. I think Mr. Nussbaum's judgment about what would happen if you were made one of the decisionmakers was probably a correct one. I think you' would be tough, fair, and honest, and I think he was rightly concerned that Mr. Altman's recusal would put you in that decision,making tree. Let's go back to a coversation-a meeting that you talked a little bit about before. I simply Want to flesh out where the meeting was, and that there was a discussion of whether or not people would be willing to sign tolling agreements. Was Mr. Steiner there? Ms. KuLKA. I wish I could recollect exactly who was there, sir, but I cannot. Senator BENNETT. Can you tell us what was said? Ms. KULKA. Basically, Mr. Altman, who was not familiar with this kind of litigation, was asking why people would sign tolling agreements and under what circumstances would you try to get tolling agreements. I think I explained that if you thought you would want more time to shape up your case, if you could show it was also in the interest of a potential defendant to have more time, or if you thought it might lead to negotiated settlement, which would avoid expensive and lengthy litigation, that was it, Also, that different potential defendants have different personal needs. Some can't financially afford the litigation, and they may be willing to sign tolling a agreements even though they may be advised the case against them, from their own attorney's point of view, isn't strong. Or, as I told Mr. Altman, a political figure, who would have a great deal of difficulty not giving a tolling agreement even if that person felt that the case was not strong, because of the political heat he or she would take. Senator BENNETT. Did you specifically talk about any political figure, other than the generic class? Ms. KULKA. I think it would be inappropriate for me to discuss an thing other than that. Senator BENNETT. I see. The CHAIRMAN. On what ground? Ms. KuLKA. I think that I have an obligation to protect the confidentiality of my investigation, and I think, very strongly, sir, that I have tried to assert that in every forum. To the 'extent there are disclosures made, I do not want to waive any of the privileges this 75 agency has. I think for the General Counsel to do so would be inappropriate The CHAIRMAN, I just want to understand, If you're withholding an answer based on the fact that you think it's material to an ongoing investigation by someone, then I think that's an entirely appropriate response on your part. I just want to understand if that's the ground on which you're filing that reservation. Ms. KULKA. That's correct, The CHAIRMAN. Thank you. Senator BENNETT. You realize, there is the potential of an impression coming out of this, that there was discussion as to whether or not the Clintons would be willing to sign a tolling agreement, and what-I mean, you can take it from there. You &A have to be very astute in this town to know the kinds of implications that will be drawn from this. Ms. KULKA. I deplore the drawing of those implications, and I'm not able to deal with them. Senator KERRY. The same drawing of implications would allow you to draw the implication that, if the RTC were seeking tolling, given the history of leaks, it would be well nigh impossible for the Clintons to avoid signing it because of the political reality. If we're going to draw implications, let's go the distance. Senator BENNETT. I can't control in which direction the implication Senator KERRY. That's why it's better not to draw them, I think. Senator BENNETT. I have not drawn 'any. I'm just pointing out that the failure to answer will make it possible for some people to do that. Senator BENNETT. I have nothing further, Mr. Chairman. I'll yield my time to Senator Hatch. The CHAIRMAN. To whom?