August 1, 1994 - Part 8
August 1, 1994 - Part 8
(21:40:41) Ms. HANSON. As I stated, I think that two governmental officials in the Executive Branch talking to each other doesn't destroy the confidentiality. Senator ROTH. Let me point out what the RTC stated, in a writing response to questions, after the February 24, 1994, hearing: 170 The disclosure of any information concerning a criminal referral may serve to alert a suspect that an investigation may be pending, enable the suspect to conceal evidence, or dissipate the proceeds of the crime, fabricate evidence, or otherwise impede the investigation. Aren't these legitimate concerns? Ms. HANSON. Absolutely. I couldn't agree with you more. That is why the employee, or the employees, at the RTC who leaked this information to the press, I believe, should be investigated Senator ROTH. Did you discuss with anyone the RTC policy and how it should be applied to the immediate case? Ms. HANSON. No, sir I didn't believe I needed to. Senator ROTH. YOU didn't think you needed to, but that was the basic policy of the agency responsible for administering the law-, Ms. HANSON. Sir, I understood that two Executive Branch offi- cials could speak with each other in pursuit of a proper governmental purpose. Senator ROTH. Under that interpretation, couldn't you discuss a' referral at any time? If the rule is that two Government officials can discuss a criminal referral, then the rule, again, becomes a nullify, doesn't it? Ms. HANSON. I believe in that case, one has to look at the purpose for having the discussion. If there is a proper governmental purpose, then I believe a discussion can be had. I know, and it's the policy of the RTC and the Treasury, that criminal referral information is sensitive, and must be handled with extreme care. Senator ROTH. Would you extend this privilege to anyone but the President? MS. HANSON. Excuse me? Senator ROTH. Let me put it this way-, Would anyone else, who might be subject to a press inquiry, be entitled to the same kind of information? Ms. HANSON. Sir, it would depend on the situation. Senator ROTH. But there are circumstances in which you would answer in the affirmative? Ms. HANSON. There are situations absolutely, where the need to know information in order to be able to deal with press inquiries would be-is a proper governmental purpose, just as this one was. Senator ROTH. Let me ask you this: Are you familiar with the guidelines established by Mr. Nussbaum? Ms. HANSON. I don't know which ones you're referring to, sir. Senator ROTH. The memorandum from the Presidential Counsel Nussbaum entitled, "Prohibition of White House Staff Contacts with Independent Regulatory Agencies." It was dated February 22) 1993. Are you familiar with that memorandum? Ms. HANSON. Yes, sir. I don't have a copy in front of me, but I'm, generally, familiar. Senator ROTH. That memorandum says: There is generally no justification for any White House involvement in particular adjudicative or rulemaking proceedings at any agency. Therefore, as a general rule, no member of the staff should contact any agency in regard to any adjudicative or rulemaking, matter pending before that agency. Are you familiar with that language? Ms. HANSON. I've heard that language, sir. Senator ROTH. Did that rule come up in discussions at any time, either in the Treasury or with the White House? 171 Ms. HANSON. In terms of my conversation with Mr. Nussbaum? Senator ROTH. That's correct. MS. HANSON. There was no White House involvement in any adjudicatory process. There was no White House involvement, in this process, at all. Senator ROTH. But we are talking about the RTC. They are the ones that are the adjudicative agency, are they not? Ms. HANSON. Perhaps I should have a copy of what you're reading from in front of me. The CHAIRMAN. Let's get one for you. We extended the time period, to make up for the time, and its expired. I want to try to continue on. I don't want to be arbitrary, in terms of Senator Roth getting an answer to his question, but if you're going to have to study the document-Senator Roth