August 3, 1994 - Part 2
August 3, 1994 - Part 2
(12:05:40) Secretary BENTSEN. To the best of my knowledge it was followed. To the best of my knowledge, it was followed, Senator ROTH. But in other words, after those instructions went out, it would have been improper for any Treasury official to discuss the specific matter of Whitewater with the White House? Secretary BENTSEN. It would have been in violation of my instructions. Senator ROTH, It would have been a violation of your instructions. The same would be true of any telephone calls or contacts as well between Treasury and the White House? Secretary BENTSEN. Oh, yes. Yes. Senator ROTH. Mr. Secretary, let me ask you this: When someone recuses themself from a case, that means they have nothing further to do with the case? Isn't that correct? Secretary BENTSEN. That means, yes, they have nothing to do to influence the decision on that case from that point on, yes. Senator ROTH. In other words, they don't attend Secretary BENTSEN. That is the way I would interpret it. Senator ROTH. They don't attend meetings. They don't get briefings. They don't give briefings. They don't make or receive telephone calls about the case. Is that correct? Secretary BENTSEN. Senator, I leave that to the lawyers. I don't know the detail of that. Senator ROTH. Well let me ask you, since these individuals were being asked to recuse themselves, would that be your general understanding? Secretary BENTSEN. I am sure not trying to avoid you on that, Senator. I just don't know-I don't know the legal standing of that. Senator ROTH. Well the reason, Mr. Secretary, I raise that, is yesterday Mr. Altman claimed that he had effectively informally recused himself from Madison Guaranty even before his formal recusal, by indicating he would follow the recommendation of the RTC General Counsel. But at the same time, he was attending meetings and getting and giving briefings and phone calls. So at least in this Senator's judgment that is not tantamount to a de facto recusal. Do you have any comment? 42 Secretary BENTSEN. No, I don't. That's for the attorneys to decide. Senator ROTH. Mr. Secretary, I would like to ask you a couple of general questions not based on the facts, but to try to glean what we can learn from the experience we have had. One of my questions is: Would you agree or disagree that, as a general rule, it is advisable for a Federal employee to recuse himself or herself from an investigation involving the President if the individual is a personal friend of the President? Secretary BENTSEN. I think what you have in the situation is: Is there a conflict of interest? And, how do you think you can satisfy yourself that you have been impartial? I think that you are in a position, a difficult position, and that one of the ways that you can bring it to an end is to recuse yourself. As I heard and found out the facts and all, to the extent I have them, subsequent to his asking me for my counsel and advice on it-and I am speaking of Mr. Altman-I would recuse myself. Senator ROTH. Well that certainly makes good sense to me. Let me just point out that to me it seems consistent with the Nussbaum memorandum of February 22nd, the one that Senator Sasser referred to.