August 1, 1994 - Part 5
August 1, 1994 - Part 5
(16:40:15) I now turn to Madison and what I learned, how, from whom, and to whom I imparted that knowledge. Given time constraints, I will not cover every meeting or conversation that I discussed in my deposition before the Committee. Rather, I address the principal contacts regarding Madison in which I was involved. To put this into context, it is important to understand that there were two distinct phases to the RTC's consideration of Madison. First, was the preparation of multiple criminal referrals relating to Madison that I ultimately learned were forwarded to the Justice Department. Second, was the consideration by the RTC of potential civil claims that might be brought against various persons who had had some involvement with Madison From the last few days of September 1993 through the second week of October 1993, the limited discussions in which I participated related to concerns about leaks to the press of the Madison criminal referrals. In December 1993, the passage of the RTC Completion Act revived the previously lapsed statute of limitations for many potential civil cases, including Madison. From mid-January 1994 until the end of February, the limited discussions in which I participated related to the statute of limitations and other procedural matters surrounding possible civil claims relating to Madison. On September 27 1993, RTC Senior Vice President, William Roelle, called to tell me that nine criminal referrals related to Madison were on their way from the RTC in Kansas City to Washington, after which they would be forwarded to the Justice Department. I clearly understood from Mr. Roelle that the referrals and the information about them that Mr. Roelle imparted to me would be leaked to the press when the referrals arrived in Washington, which, in fact, did occur close in time to Mr. Roelle's call to me. Mr. Roelle summarized the referrals and said that President and Mrs. Clinton were mentioned as possible witnesses. I reported this conversation to Mr. Altman who tasked me to advise Bernard Nussbaum, then Counsel to the President of the imminent press leaks. On September 29, 1993, 1 did so after a meeting that both Mr. Nussbaum and I had attended to discuss the Treasurys report on the handling of the Waco situation. A few observations are in order. First, before Mr. Roelle's unsolicited call, I had no prior knowledge of Madison other than a news story that had appeared during the campaign. Second, my task, to alert White House Counsel Nussbaum to imminent press leaks so that he could deal with them intelligently, was entirely appropriate and necessary. The existence and the substance of the criminal referrals was leaked and the Administration did have to deal with the ensuing inquiries. Third, no preferential treatment or benefit was intended for anyone and, as far as I know, no one received preferential treatment. The President and First Lady were not the subject of any proposed governmental action. They were merely possible witnesses. It has been reported that Mr. Altman does not recall tasking me to advise Mr. Nussbaum of what the RTC professional staff believed would be imminent press leaks. In my view, the difference between Mr. Altman's and my recollections on this point is not sig- 98 nificant. If I had thought it was inappropriate to brief Mr. Nuss baum, I would not have done it. I take full responsibility for the decision to do so. What I think is significant is that Mr. Altman and I agree that it was entirely appropriate to brief Mr. NussbauTr, about the expected leaks. When the search was done to locate documents responsive to the Independent Counsel's subpoena, a September 30, 1993, memoran- dum I prepared was found in my secretary's chron files as well as in my own RTC files. That memorandum, addressed to Mr. Altman had attached. to it a document confirming that the referrals had been leaked to the press and re reported that I had spoken with had Nussbaum and Mr. Sloan, bad briefed Secretary Bentsen, and in- quired of Mr. Altman whether there was anything else he thought we should be doing regarding these press leaks. I do not have an independent recollection of writing this memorandum, but I am confident that I prepared it. It bears my initials and is the kind of memorandum I write to report back on matters that I have been tasked to do.