August 3, 1994 - Part 5
August 3, 1994 - Part 5
(16:10:40) The CHAIRMAN, That's what I'd like to hear, is your recollection Mr, EGGLESTON. Sir, my recollection and, again, where this out was in Mr. Altman's first sentence when he turned to recusal issue. I didn't know and I don't think anybody there knew 93 he was going to start talking about this issue. My recollection is not that he told us that he had decided to recuse himself. My recollection is that he told us he was considering recusing himself. He was thinking about recusing himself. I think I saw his testimony yesterday. I think he says that he said he was inclined to recuse himself It was not my recollection that he told us he had decided to recuse himself. The CHAIRMAN. I asked earlier if we had last night's transcript. Because we went so late, it's not typed up in an index in the way we can refer to it, but my memory, his testimony was to us that he had reached a decision before he went to that meeting and did communicate that decision, so there's a bit of a difference of opinion as to what happened. We'll have to try to pursue that. Mr. EGGLESTON. In any event, as I say, whatever he said, it came out in the first sentence and I don't think any of us knew that sentence was coming. The CHAIRMAN. You mean that was the first thing up in the meeting? Mr. EGGLESTON. No, that was the first thing up when he finished the statute of limitations issue. He turned to a new issue we were not anticipating. The CHAIRMAN. I don't want to go past my time. Senator DODD. Just a point of inquiry because I'm curious as to whether or not we're going to go into this. I Last evening, I believe you indicated that this memo going to the Rose Law Firm was beyond the scope when the issue was raised last evening, and I'm just curious as to whether or not it is still ,beyond the scope of this hearing or not. The CHAIRMAN. We did discuss that and that issue was presented last evening in detail by Senator Domenici, but the feeling was that because it dealt with the line of succession as to who would make the decisions in the event of a recusal, that that in effect brought it within the scope of the general charter that we have on this issue. That was the argument. Senator DODD. If I'm not mistaken, and I want to check the record, but a similar question was raised last evening-and the Chairman can correct me if I'm wrong on this-but you made a determination that it was beyond the scope. I stand to be corrected not the case, but I thought that was the decision last evening. CHAIRMAN. I don't have that recollection but, unfortunately, we don't have the transcript here at the present time. Senator D'AMATO. I think clearly it would be incredulous if we were to take a position that this memo written by the White House relates to the line of succession and who will make the ulti- ion, which is really the scope of this memo, is beyond the Committee. Senator DODD. Senator, I'm not arguing about lines of succession. There was a decision last evening when this matter was raised. I'm repeating what I thought the issue was last evening Senator KERRY. Was not the full document made part of the 94 The CHAIRMAN. I thought it was. My recollection is that it was, but I can't be certain of that because it would have happened late at night and it was Senator KERRY. I was the one who was inquiring about it and I think afterwards Senator D'Amato followed up and Senator DAMATO. That's right, and I asked that it be placed in the record in its entirety. Senator DODD. I understand the point of succession but this goes into the matter of the scope of the hearing based on the resolution we agreed. This is the Rose Law Firm issue. That's not what the resolution talks about. That's that whole memo and I think we're going to face these issues. Senator DAMATO. We're not going into the Rose Law Finn orthis is a memo, among other things that touches on Whitewater. It says FDIC and RTC, Rose Law Firm issues. We're not going into the issues. The question this Committee will be attempting to ascertain is why is it and how is it that White House Counsel is providing this kind of legal documentation. Senator DODD. I'm asking a procedural question, Senator procedural question. I'm not challenging your right to ask questions. It seems to me this memo includes matter, the Rose Law Firm issue) which was beyond the scope of the resolution which defines our job. I'm merely asking the question as to whether a procedure, a parliamentary question is it within or beyond the scope. The CHAIRMAN. Let me say to the Senator, this document arrived late in the document production period. And it was not part of it, but when we became aware of it, we discussed it with the White House, and they were willing to make it available to the Committee, Now, my own view would be and my own questions have been, limited solely to the items that are within the scope of our inquiry. If somebody were to try to take it off into another area, then I think the scope issue would arise in terms of our getting into the discussion here, but that has not happened thus far. I would hope that would not happen. Senator DODD. Thank you, Mr. Chairman.