August 4, 1994 - Part 10
August 4, 1994 - Part 10
(19:42:15)(tape #10095 begins) The CHAIRMAN. I'm going to make a point here. I want to into the record, so there's no further confusion about it, what the procedure was that was available for correcting testimony in a dep- 425 osition because this was the format that we followed, and I'm just going to read it verbatim into the record. "The deposition after it's prepared will be kept Committee confidential. However, if your attorney wants to review it or you want to review it, you can make arrangements, and we spell out how to do that and for you to read it." I'm dropping down, "it may be reviewed," and tells the time in which it is generally available for doing that and it says-it makes it very clear that it can be reviewed by the person giving the deposition or the attorney. Then it says "with respect to changes, there will be a jurat page supplied to you to make corrections, so if you find a mistake in the review, you put it on that page. Your attorney can explain a jurat page. That will allow you to make changes, for instance, if a person's name is used and it's misspelled. That can be changed. Minor corrections in transcription if there's some grammatical change you wish to make. "However, I will tell you if there are changes made in the substance of an answer, for example, a yes changing to a no, that may require you to be brought back in and redeposed and I want to make you aware of that. It should not deter you, however, from making changes. Since some Counsel believe they can make changes in the depositions themselves, we have clarified if changes are made on the jurat page, they are to be made by the witness and not by the Counsel." That was the instruction that was given. That's the ground rule that we followed. I just want to put that into the record so that it's clear that there was that opportunity for review, that is the normal practice in which it's done, and I take it that that's the instruction that you all received at the time, and that there's really no dispute about that part of the procedure. Would that be fair? Mr. ICKES. There's no dispute about that, Mr. Chairman. The CHAIRMAN. Very good. Senator Domenici. Senator DOMENICI. Senator Dodd, with reference to the note taking, could I refer you to page 87 of the deposition of Mr. Ickes? Senator DODD. I'm going to have to get that. Senator DOMENICI. Let me read it for you. "Question: Did individuals take notes" Senator DODD. Where are you on the page, Pete? Senator DOMENICI. Page 87, second line. Question: Did individuals take notes at those meetings, if you noticed? Answer: Some individuals did. Question, Did you take notes? [Witness conferred with counsel.] Answer: I kept notes. Question: Would it be correct to say that if they pertained to the scope of the Senate Resolution 229 that they have been delivered to the Committee? Answer: Yes. Question: And you have reviewed your notes yourself or along with your attorney? Answer: I have, So it isn't as if he didn't review his notes. He had reviewed them and admitted that and maybe that's the