August 4, 1994 - Part 9
August 4, 1994 - Part 9
(19:25:31) It was my understanding, based on my notes that I took, which basically reflect what Mr. Altman was telling us in part during that meeting, that the RTC- the statute of limitations was approaching. The deadline, as I understood it, was February 28th. That had been discussed during January by Senator D'Amato and other Members of the Senate, that the statute of limitations was drawing to a close, but that given that, as I understood what Mr. Altman was saying, they could either seek a tolling agreement from among the various parties that might be involved in any possible civil lawsuit or commence litigation to preserve the claim. So as I think I tried to make clear in my opening statement, I understood that they could either seek a tolling agreement or that they could file a protective lawsuit, for lack of a better word. Senator DODD. That's very important in my view. There's a distinction here. The distinction between a completed suit, which would mean that you'd have everything ready, absolutely tight and set to go. Nothing hanging out? Mr. ICKES. And to have made a final decision based on the various factors including the signoff by the various people in the agency, Senator. Senator DODD. As opposed to a protective suit, which means that you could file that without having necessarily all of the information necessary-is it Rule 11 test. I believe all of us are familiar that Ms. Kulka, who was in charge of these, stated that she was confident that could be done, so that is a bit different from what we've been told your testimony was. Mr. Altman then made--did he make it clear to you that a protective suit could be brought? Mr. ICKES, It was-based on his discussion and based on my notes of his discussion and certainly based on his talking points, which I've subsequently seen-as I've testified, I did not see them at the time of the meeting on the 2nd, it was clear to me that one of the considerations being taken into account at the RTC was whether or not they would file a protective suit. That was different, in my mind, as to whether they had sufficient evidence and had taken into account all the conversations to proceed with a full blown lawsuit. Senator DODD. Now, did you tell the President or the First Lady about the February 2nd meeting? Mr ICKES I've testified that I did. I don't recall when or where. Senator DODD. Did you tell the President and the First Lady that they could decline to sign a tolling agreement because the RTC- would not be able to put a case before the February 28th deadline? 421 Mr. ICKES. I am confident that I did not, Senator. Senator DODD. Mr. Chairman, I think that makes it a bit clear, in my view, the distinction between a completed suit and a protective suit and I think that distinction is important. I see the clock has run out-but we've received testimony and I'm sure my colleagues will remember this, from Ms. Kulka about the February 1st meeting with Mr. Altman in which she testifies that she received full authority to proceed. She told Mr. Altman there was no difficulty in proceeding on the 28th, and that with the exception of Ms. Williams, who I think said she really couldn't remember exactly what was said on this point-I may be wrong on that-but my recollection is everyone else recalled the conversation pretty much as Mr. Altman stated it was. Now what you're saying to us, Mr. Ickes, is that the distinction between the completed suit and the protective suit better characterizes your recollection of that meeting. Mr. ICKES. It was certainly my recollection, Senator, The CHAIRMAN. Thank you, Senator Dodd. Senator D'Amato. senator DAMATO. Thank you, Mr. Chairman Senator DOMENICI. Mr. Chairman, I wonder if I could ask a couple of questions. Senator DAmato? Senator DAMATO. Certainly. Senator DOMENICI. I won't use 10 minutes, if you're in a hurry, but I haven't asked any questions of this panel yet. Mr. Ickes, when these hearings opened, I had read your deposition, and I made a statement in my opening remarks on one of the most important issues regarding your deposition. Now, that's not too long ago, your deposition?