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122245356
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FBI Binder – FBI Files [2]
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122245356
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FBI Binder – FBI Files [2]
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Records of the Office of the Counsel to the President (Clinton Administration)
Sally Paxton's Files
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Case Number: 2006-1066-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the Clinton Presidential
Library Staff.
Folder Title:
FBI Binder - FBI Files [2]
Staff Office-Individual:
Counsel's Office-Paxton, Sally
Original OA/ID Number:
CF 959
Row:
Section:
Shelf:
Position:
Stack:
20
5
2
3
V
Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. list
Personally Identifiable Information [partial] (1 page)
06/21/1996
b(7)(C), b(6)
COLLECTION:
Clinton Presidential Records
Counsel Office
Sally Paxton
OA/Box Number: CF 959
FOLDER TITLE:
FBI Binder - FBI Files [2]
2006-1066-F
vz3585
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
PI National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA|
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRA
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate 8 Federal statute |(b)(3) of the FOIA]
financial information [(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
THE WHITE HOUSE
WASHINGTON
July 22, 1996
BY HAND DELIVERY
The Honorable Charles E. Grassley
Chairman
Subcommittee on Administrative
Oversight and the Courts
United States Senate
Washington, D.C. 20510
Dear Senator Grassley:
Pursuant to your June 24, 1996 request to FBI Director Louis
J. Freeh, we are providing the following documents numbered CGE
48229-48284, and the Internal Revenue Service (IRS) documents
referenced in your letter.
Please call me if you have any questions.
Sincerely yours,
Jone Submit
Jane C. Sherburne
Special Counsel to the President
Enclosures
THE WHITE HOUSE
WASHINGTON
August 1, 1996
BY HAND DELIVERY
John D. Bates
Deputy Independent Counsel
Office of the Independent Counsel
1001 Pennsylvania Avenue, N.W.
Suite 490-North
Washington, D.C. 20004
Dear John:
Enclosed are additional documents responsive to
Paragraph H of subpoena No. D705, seeking copies of documents
provided to Congress. The documents have been labeled with Bates
numbers CGE 46577 through CGE 48342.
We understand that your Office will treat these
documents as confidential and entitled to all protection accorded
by law, including Federal Rule of Criminal Procedure 6(e), to
documents subpoenaed by a federal grand jury.
Please feel free call me if you have any questions.
Sincerely Hene yours,
Jane C. Sherburne
Special Counsel to the President
Enclosures
THE WHITE HOUSE
WASHINGTON
June 4, 1996
BY HAND DELIVERY
Eric A. Dubelier
Associate Independent Counsel
Office of the Independent Counsel
1001 Pennsylvania Avenue, N.W.
Suite 490 North
Washington, D.C. 20004
Dear Eric:
By cover of this letter I am providing the original
documents and container responsive to the subpoena to the White
House dated May 29, 1996 (T 2373-5190). The entirety of the
documents no longer fits in the box due to the application of the
bates numbers to the originals. Accordingly, the last redweld
and its contents (T 4662-5186), originally located at the back of
the box after T 4461, is being produced to you outside of the
original box.
As with documents previously produced, we understand
that your Office will treat these documents as confidential and
entitled to all protection accorded by law, including Federal
Rule of Criminal Procedure 6(e), to documents subpoenaed by a
federal grand jury.
Please call me if you have any questions.
Sincerely Reve yours,
Jane C. Sherburne
Special Counsel to the President
Enclosures
FBI
THE WHITE HOUSE
WASHINGTON
June 6, 1996
BY HAND
Eric A. Dubelier
Associate Independent Counsel
Office of the Independent Counsel
1001 Pennsylvania Avenue, N.W.
Suite 490 North
Washington, D.C. 20004
Dear Eric:
In accordance with your request, and pursuant to your
subpoena of March 25, 1996, I am enclosing the original of the
Billy Ray Dale Security File (T 5191-238).
A copy of the file was produced previously as CGE
43641-86.
As with documents previously produced, we understand
that your office will treat these documents and the information
conveyed in this letter as confidential and entitled to all
protection accorded by law, including Federal Rule of Criminal
Procedure 6(e), to documents subpoenaed by a federal grand jury.
Sincerely yours,
Ane
Jane C. Sherburne
Special Counsel to the President
Enclosures
FILE No. 267 06/19 '96 04:57 ID:
PAGE E
WILLIAM CLINGER, JA., PENNSYLVANIA
CHAIRMAN
CARDIES COLLINS ILLINOIS
BENJAMIN A. GRMAN NEW YORK
MANKING MINORITY MEMBER
DAN BURTON INDIANA
ONE HUNORED FOURTH CONGRESS
HENRY A WAXMAN, CALIFORNIA
DENNIS HASTERT. ILLINOIS
TOM LANTOS CALIFORNIA
ONSTANCE A MORELLA, MARYLAND
ROBERT L WISE, JR. WEST VIRGINIA
HRISTOPHER SHAYS, CONNECTICUT
LEANA ROB-LEVTINEN, FLORIDA
Congress of the United States
MAJOR R. OWENS. NEW YORK
JTEVEN BCHIFF, NEW MEXICO
EDOLPHUS TOWNA NEW YORK
JOHN M. SPRATT, A. SOUTH CAROLINA
WILLIAM M. ZELIFF. JR. NEW HAMPSHIRE
LOUISE MoNTOSH BLAUGHTER NEW YO
JOHN M. MCHIAH, NEW YORK
STEPHEN HOAN, CALIFORNIA
house of Representatibes
PALL L KANJOREKI, PENNSYLVANIA
GARY A. CONDIT, CALIFORNIA
JOHN L MICA, FLORIDA
COLLIN c. PETERSON MINNESOTA
PETER BLUTE MASSACHUSETTS
KAREN L THURMAN PLORIDA
THOMAS v. DAVIS, VIRGINIA
COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT
CAROLYN a MALONEY, NEW YORK
DAVID M. Mc INTOSH. INDIANA
THOMAS M. PARRETT. WYSCONSIN
JON D. POX. PENNSYL VANIA
BARBARA-ROSE COLLING MICHIGAN
RANDY TATE WASHINGTON
2157 RAYBURN HOUSE OFFICE BUILDING
ELEANOR HOLMES NORTON. DC
DICK CHRYBLER. MICHIGAN
JAMES P. MORAN. VIRGINIA
OK MINNEGOTA
MARK 1. BOUDER INDIANA
WASHINGTON, DC 20515-6143
GENE GREEN TEXAS
CARRIE P. MEEK. FLORIDA
WILLIAM d. MARTINE NEW JERSEY
CHAKA FATTAH PENNSYLVANIA
JOE BCARBOROUGH, PLORIDA
BILL K. BREWSTER OKLAHOMA
JOHN SHADEGO, ARIZONA
THE HOLDER, PENNITEWANIA
MICHAEL PATRICK PLANAGAN. ILLINOIS
CHARLES P. BASS. NEW HAMPSHIRE
STEVE C. LATOURETTE. CHIO
MARCHALL "MARK" SANFORD. SOUTH CAROLINA
DERMARD BANDERS, VERMONT
ROBERT b. EMALICH JR.. MARYLAND
INDEPENDENT
June 21, 1996
MAJORITY-(201) 229-8074
MINORITY-(302) 225-5061
John M. Quinn, Esquire
White House Counsel
The White House
Washington, D.C. 20500
Dear Mr. Quinn:
In light of recent revelations concerning the White House's
obtaining of FBI files of 407 former Reagan and Bush
Administration officials and the roles of various individuals at
the information. White House in this affair, I would appreciate the following
First, please provide all information on who hired Mr.
Livingstone, who vetted his file and reviewed his background and
who made any recommendations on Mr. Livingstone's behalf. Was
Presidential Personnel Chief Bruce Lindsey involved in Mr.
Livingstone's hiring? Was Chief of Staff Mack McLarty involved
in Mr. Livingstone's hiring? Was White House Counsel Bernard
Nussbaum involved in Mr. Livingstone's hiring? Was Senior
Advisor George Stephanopoulos involved in Mr. Livingstone's
hiring? Please identify all individuals who played any role in
Mr. Livingstone's hiring.
In addition, I request the following information:
1.
The date of when Mr. Livingstone obtained his security
clearance, the level of clearance and the name of the
individual (s) who vetted Mr. Livingstone.
2.
The date of when Mr. Anthony Marceca obtained his security
clearance, the level of clearance and the name of the
individual (s) who vetted Mr. Marceca.
3.
The salaries of all employees of the Office of Personnel
Security from January 20, 1993 to the present including the
salaries of all detailees to that office. For those
individuals who were serving as interns in the office prior
FILE No. 267 06/19 '96 04:58 ID:
PAGE
to being put on salary, please indicate the date on which
the individual started as an intern as well as the date of
employment.
4.
The names of all individuals who have worked in the Office
of Personnel Security a8 interns, employees, or detailees
since January 20, 1993 to the present and when each
individual received his or her security clearance.
5. The names of all interns who worked in the Office of
Personnel Security from January 20, 1993 to the present.
6.
All memos to and/or from Craig Livingstone, Anthony Marceca,
William Kennedy, Bernard Nussbaum, Vincent Foster, Joel
Klein, Lloyd Cutler, Abner Mikva, John M. Quinn, Jane
Sherburne, Beth Nolan, Cliff Mauton, Christopher Cerf, Tray
Schraeder, Ed Hughes, Jonathan Denbow, Mari Anderson or Ms.
Lisa Wetzel regarding anything having to do with the
updating of White House passes, security clearances, FBI
background files or any operations of the Office of
Personnel Security. Note: This would include all memos such
as the "Personal Data Statement & Questionnaire" which was
apparently sent to all holdover White House staff. (Please
exclude confidential privacy act information and responses
to the Personal Data Statement & Questionnaire.)
7.
Records of Craig Livingstone's entrances and exits to the
White House complex from May 1, 1996 to June 20, 1996.
Tim
8.
Any Usher's Records or Secret Service records of every
occasion on which Craig Livingstone has been in the White
House residence from January 1, 1996 to the present.
will
O2
9. All records of visitor logs of visitors to the White House
who were waved in to see Mr. Marceca for the entire time he
was at the White House from August 1993 through March 1994
and any visits he has made to the White House from January
1, 1996 to the present.
10. All records of visitor logs of visitors to the White House
who were waved in to see Craig Livingstone from January 20,
1993 to present.
11. All records of phone logs or messages for Craig Livingstone
from April 1, 1993 - March 1, 1994 and from May 1, 1996 -
June 18, 1996.
12. The salary history of William Kennedy from January 20, 1993
to the time he left the White House.
FILE No. 267 06/19 '96 04:58 ID:
PAGE 4
13. Records reflecting any reprimands regarding issues related
to White House passes or security clearances or the
obtaining of FBI background files of William Kennedy, Craig
Livingstone, Anthony Marceca, or any staff (paid or unpaid)
of the Office of Personnel Security or White House Counsel's
Office.
Please provide all available records by close of business (6p.m.)
Monday, June 24, 1996.
Sincerely,
William William Chairman F. Clinger, F. Jr. Camin J.
FILE No. 267 06/19 '96 04:57 ID:
PAGE
WILLIAM F. CLINGER, JR., PENNSYLVANIA
CHAIRMAN
CARDIES COLLING ILLINOIS
BENJAMIN A. GILMAN. NEW YORK
FLANKING MINORITY MEMBER
DAN BURTON INDIANA
ONE HUNORED FOURTH CONGRESS
HENRY A WAXMAN, CALIFORNIA
& DENNIS HASTERT. ILLINOIS
TOM LANTOS CALIFORNIA
CONSTANCE A. MORELLA, MARYLAND
ROBERT 1. WISE, . WEST VIRGINIA
CHRISTOPHER SHAYS, CONNECTICUT
Congress of the United States
MAJOR A OWINE NEW YORK
STEVEN BCHIFF, NEW MEXICO
EDOLPHUS TOWNS retw TOMA
ILEANA ROB-LEHTINEN. PLORIDA
JOHN M. SPRATT, n. SOUTH CAROLINA
WILLIAM H. ZELIFF. JR., NEW HAMPSHIRE
LOUISE MONTOSH BLAUGHTER. NEW TO
JOHN M. MCHUCH, NEW YORK
STEPHEN HOAN, CALIFORNIA
bouse of Representatives
PAUL a. KANJORINI, PENNSYLVANIA
GARY A. CONDIT, CALIFORNIA
JOHN L MICA, FLORIDA
COLLIN a PETERSON MINNESOTA
PETER BLUTE, MASSACHUSETTS
KAREN L THURMAN FLORIDA
THOMAS W. DAVIS. VIRGINIA
COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT
CAROLYN a MALONEY NEW YORK
DAVID M. McINTOSH. INDIANA
THOMAS M. PARRETT. WISCONSIN
JON D. POX PENNSYLVANIA
BARBARA-ROSE COLLING. MICHIGAN
RANDY TATE WASHINGTON
2157 RAYBURN HOUSE OFFICE BUILDING
BLEANOR HOLMES NORTON DC
DICK CHAYSLER MICHIGAN
JAMES P. MORAN VIRGINIA
OR MINNESOTA
WASHINGTON, DC 20515-6143
GENE GREEN TEXAS
MARK E. BOLDER. INDIANA
CARRIE . MERK, FLORIDA
WILLIAM d. MARTINI, NEW JERSEY
CHAKA FATTAH PENNSYLVANIA
JOE BCANBOROUGH, FLORIDA
BILL KL BREWSTER OKLAHOMA
JOHN BHADEDO, ARIZONA
TM HOLDER, PENNSYLVANIA
MICHAEL PATRICK PLANAGAN. ILLINOIS
CHARLES P. BASS. NEW HAMPSHIRE
STEVE C. LATOURETTE. OHIO
MARCHALL "MAR" BANFORD, SOUTH CAROLINA
BERNARD BANDERS, VI
a
ROBERT L EMPLICH JR., MARYLAND
INDEPENDENT
June 21, 1996
MAJORITY-(308) 225-8074
MINORITY-(302) 225-8051
John M. Quinn, Esquire
White House Counsel
The White House
Washington, D.C. 20500
Dear Mr. Quinn:
In light of recent revelations concerning the White House's
obtaining of FBI files of 407 former Reagan and Bush
Administration officials and the roles of various individuals at
the information. White House in this affair, I would appreciate the following
First, please provide all information on who hired Mr.
Livingstone, who vetted his file and reviewed his background and
who made any recommendations on Mr. Livingstone's behalf. Was
Presidential Personnel Chief Bruce Lindsey involved in Mr.
Livingstone's hiring? Was Chief of Staff Mack McLarty involved
in Mr. Livingstone's hiring? Was White House Counsel Bernard
Nussbaum involved in Mr. Livingstone's hiring? Was Senior
Advisor George Stephanopoulos involved in Mr. Livingstone's
hiring? Please identify all individuals who played any role in
Mr. Livingstone's hiring.
In addition, I request the following information:
1.
The date of when Mr. Livingstone obtained his security
clearance, the level of clearance and the name of the
individual (s) who vetted Mr. Livingstone.
2.
The date of when Mr. Anthony Marceca obtained his security
clearance, the level of clearance and the name of the
individual (s) who vetted Mr. Marceca.
3.
The salaries of all employees of the Office of Personnel
Security from January 20, 1993 to the present including the
salaries of all detailees to that office. For those
individuals who were serving as interns in the office prior
FILE No. 267 06/19 '96 04:58 ID:
PAGE
to being put on salary, please indicate the date on which
the individual started as an intern as well as the date of
employment.
4. The names of all individuals who have worked in the Office
of Personnel Security a8 interns, employees, or detailees
since January 20, 1993 to the present and when each
individual received his or her security clearance.
5.
The names of all interns who worked in the Office of
Personnel Security from January 20, 1993 to the present.
6.
All memos to and/or from Craig Livingstone, Anthony Marceca,
William Kennedy, Bernard Nussbaum, Vincent Foster, Joel
White House
Klein, Lloyd Cutler, Abner Mikva, John M. Quinn, Jane
Sherburne, Beth Nolan, Cliff Mauton, Christopher Cerf, Tray
Search
Schraeder, Ed Hughes, Jonathan Denbow, Mari Anderson or Ms.
Lisa Wetzel regarding anything having to do with the
updating of White House passes, security clearances, FBI
background files or any operations of the Office of
Personnel Security. Note: This would include all memos such
as the "Personal Data Statement & Questionnaire" which was
apparently sent to all holdover White House staff. (Please
exclude confidential privacy act information and responses
to the Personal Data Statement & Questionnaire.)
Records of Craig Livingstone's entrances and exits to the
White House complex from May 1, 1996 to June 20, 1996.
8.
Any Usher's Records or Secret Service records of every
occasion on which Craig Livingstone has been in the White
House residence from January 1, 1996 to the present.
will
0
9
All records of visitor logs of visitors to the White House
who were waved in to see Mr. Marceca for the entire time he
was at the White House from August 1993 through March 1994
and any visits he has made to the White House from January
1, 1996 to the present.
10. All records of visitor logs of visitors to the White House
who were waved in to see Craig Livingstone from January 20,
1993 to present.
11. All records of phone logs or messages for Craig Livingstone
from April 1, 1993 - March 1, 1994 and from May 1, 1996 -
June 18, 1996.
12. The salary history of William Kennedy from January 20, 1993
to the time he left the White House.
FILE No. 267 06/19 '96 04:58 ID:
PAGE 4
13. Records reflecting any reprimands regarding issues related
to White House passes or security clearances or the
obtaining of FBI background files of William Kennedy, Craig
Livingstone, Anthony Marceca, or any staff (paid or unpaid)
of the Office of Personnel Security or White House Counsel's
office.
Please provide all available records by close of business (6p.m.)
Monday, June 24, 1996.
Sincerely,
William William Chairman F. Clinger, F. Jr. canju J.
002
07/03/96
16:57
BMTO
STATE
UNITED STATES
OFFICE OF PERSONNEL MANAGEMENT
&
WASHINGTON. D.C. 20415-0001
OFFICE OF
THE INSPECTOR GENERAL
June 28, 1996
MEMORANDUM FOR RICHARD A. FERRIS
ACTING ASSOCIATE DIRECTOR
FOR INVESTIGATIONS SERVICE
FROM:
PATRICK E. MCFARLAND
INSPECTOR GENERAL
Patrick
SUBJECT:
Request for Information on Release of Background Investigations Files
In the attached letter dated June 18, 1996, Senator Ted Stevens, Chairman of the Senate
Committee on Governmental Affairs has requested information about OPM policies for release of
background investigations material. Senator Stevens has asked that my office investigate eight
questions with regard to the way OPM handles background information files and under what
circumstances they may be released.
Because your program is responsible for OPM's background investigations files, including policies
and procedures for release of those files, your response to Senator Stevens' eight questions is
needed to allow my office to properly assess all related implications and prepare an appropriate
response.
Please forward your response to me no later than close of business on July 3. 1996. If you need
further information, please call me or Kenneth Huffman, Assistant Inspector General for
Evaluation and Inspections, at 606-1200.
Attachment
07/03/96
0
003
16:58
TOTAL will INSURANCE
on HEAR 70
MAME
DECPGA
- MICHIGAN
- accoress
.....
=== CONNECTICU
CAMEL . .....
11.18.00
EXCELL DOPEAR YOUPHOAECTS
United States Senate
M.DERWORT STATE SIRECTOR
CARD asses MINORITY stops DIRECTOR
COMMITTEE ON
GOVERNMENTAL AFFAIRS
WASHINGTON. DC 20510-6250
June 18, 1996
Patrick E. McFariand
Inspector General
Office of Personnel Management
1900 E Street N.W.. Room SH30
Washington, D.C. 20415
Dear Mr. McFarland:
As Chairman of the Senate Governmental Affairs Committee, I am concerned by
recent allegations that individuals in the Clinton White House may have inappropriately
handled FBI background investigation reports on personnel from prior Presidential
administrations.
These allegations appear a describe not only possible violations of the Privacy Act,
but also government policies as I understand them on handling sensitive materials. There
have been statements made, at times conflicting. about what the administration's policies are
with respect to these files, and under what circumstances they are to be released.
In my oversight capacity as Chairman. I hereby request that you investigate the
following questions:
(1)
For the period January 1993 through the present, what were the Office of Personnel
Management (OPM) policies with respect to handling background investigation files
on administration personnel, particularly on personnel from prior administrations who
no longer worked for. or had access to, the White House?
(2)
At any time during the Clinton Administration have OPM policies and practices with
respect to requests for administration FBI background files changed? If so, when and
how?
(3)
Under what circumstances would OPM background investigation files be turned over
9 the White House, and to whose office at the White House would the files be
released?
(4)
How many requests for background investigation reports has OPM received from the
Clinton Whice House. what were the names of the personnel who were the subjects of
the requests. what was the stated purpose for the requests, and how were the requests
handled?
07/03/96 16:58
1
004
Patrick E. McFarland
Page Two
(5) What were the names of any individuals in the Clinton White House known to have
been involved in seeking. receiving, storing. transporting. or reviewing background--
information reports, and in what context?
(6)
What were the names of any OPM personnel involved in authorizing. transmitting, or
processing such requests from the Clinton White House?
(7)
Did any OPM personnel involved in authorizing. transmitting, or processing such
requests from the Clinton White House at any time have concerns about the
appropriateness of the requests? If so, did they raise these concern with anyone, and
how were they addressed?
(8)
In your opinion. has the administration's handling of background investigation 'files
violated the privacy rights of the persons whose files were involved? If so, are there
criminal violations of the Act?
Because the privacy rights of individuals and the security of sensitive government
documents are involved, I would appreciate a response to this request as quickly as possible.
Please keep Comminee Counsel Doug Fuller, at (202) 224-8866, informed as to your
progress. Thank you
With best wishes,
Cordially,
- Waren TED STEVENS
Chairman
005
10:58
UNITED STATES
UNITED
STATE
OFFICE OF PERSONNEL MANAGEMENT
WASHINGTON, D.C. 20415
of
EXBONNEL
INVESTIGATIONS GROUP
MEMORANDUM FOR PATRICK E. MCFARLAND
JUL 2 1996
INSPECTOR GENERAL
FROM:
RICHARD A. FERRIS and NG
ACTING ASSOCIATE DIRECTOR
SUBJECT:
REQUEST FOR INFORMATION ON RELEASE OF
BACKGROUND INVESTIGATIONS FILES
This is in response to your memo of June 28, 1996, on the same
subject, in which you request input on the way OPM handles
background information files and under what circumstances they
may be released, for use in your response to Senator Ted Stevens.
The responses below are numbered to correspond to Mr. Stevens'
questions, except that I did not provide information for number
(8), which asks for your opinion.
1. OPM's policies with respect to handling background
investigation files, with "administration personnel". handled no
differently, are consistent with the provisions of the Privacy
Act, which states no agency shall disclose any record which is
contained in a system of records by any means of communication to
any person, or to another agency, except pursuant to a written
request by, or with the prior written consent of the individual
to whom the record pertains, unless the disclosure of the record
would be in accordance with section 552a (b) (1) through (12) of
Title 5 of the United States Code.
Among the types of disclosure authorized by the Privacy Act
are routine uses which, with respect to the disclosure of a
record, is the use of such a record for a purpose which is
compatible with the purpose for which it is collected (5 U.S.C.
section 552a (a) (7)). OPM's systems notice for the Personnel
Investigations Records (OPM/Central-9, Personnel Investigations
Records, 58 Fed. Reg. 19184, April 12, 1993), outlines the
routine uses of records maintained in the system, including the
categories of users and the purposes of such uses.
2. OPM policies and practices have not changed during the
Clinton administration.
3. Pursuant to this routine use, OPM releases information to
designated officers and employees of agencies, offices, and other
establishments in the executive, legislative, and judicial
branches of the Federal Government, having a need to evaluate
qualifications, suitability, and loyalty to the United States
Government and/or make a security clearance or access
CON 151054
Origner 1989
006
07/03/96 16:59
(2)
determination. To safeguard and protect the privacy of an
individual's record, OPM has assigned each Federal agency
Security Office, including the White House, an authorized
identifier, called a Security Office Identifier (SOI), for use in
receiving results; data, or information from OPM.
4. During the period January 20, 1993, through June 21, 1996,
OPM made disclosures to the White House Security Office of 34
records. All of the disclosures involved investigations related
to employment or security clearance/access determinations made
subsequent to January 20, 1993.
Each Security Office has provided OPM with an approved list
of their employees authorized to provide and request information
on agency cases in process. Before releasing any information,
OPM obtains from the caller the agency SOI, the agency name, the
caller's name and Social Security number. That information'is
confirmed with OPM's approved list of SOI users before any
information is provided telephonically. Further, the SOI system
permits OPM to provide written information only to agency
approved addresses.
Enclosed is a list of the disclosures made to the White House
Security Office during the period 1/20/93 thru 6/21/96. The list
identifies the names of the personnel who were the subjects of
the requests and the purpose of the disclosure.
5. At the request of the Security Officer, Executive Office of
the President, the White House Security office ceased to be an
authorized SOI on June 20, 1996. The following individuals in
the White House Security Office have, at one time or another,
been designated as authorized to receive information from OPM.
CERF, Christopher
DENBO, Jonathan
HUGHES, Edward
LIVINGSTONE, D. Craig
NOLAN, Beth
QUINN, John M.
WETZEL, Lisa
We note that the disclosure of these names is, itself, covered by
the Privacy Act. Pursuant to that Act, release is authorized to
Senator Stevens under 5 U.S.C. $552a(b) (9). We suggest that your
response to the Senator note the Privacy Act implications of
releasing this information and request that the information be
treated as sensitive and confidential.
07/03/96 16:59
d.
007
(3)
6. OPM personnel who, since January of 1993, have been assigned
to the Freedom of Information/Privacy unit, responsible for
making the disclosures to authorized requestors are:
BAKER, Kathy
DENNIS, Carol
HELLER, Bill
MAXWELL, Pamela A.
NORTON, Michelle E.
OWENS, Joeseph
SCOTT, James C.
SEYBERT, Cynthia L.
SPAULDING, Cynthia M.
STEPHENS, Kay E.
STIEHLER, Carol
TERLINDEN, Margaret L.
We note that the disclosure of these names is, itself, covered by
the Privacy Act. Pursuant to that Act, release is authorized to
Senator Stevens under 5 U.S.C. $552a (b) (9). We suggest that your
response to the Senator note the Privacy Act implications of
releasing this information and request that the information be
treated as sensitive and confidential.
7. NO FOI/P concerns about file release surfaced within the
program.
I hope this information will assist you in preparing your
response to the Senator.
Enclosure
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. list
Personally Identifiable Information [partial] (1 page)
06/21/1996
b(7)(C), b(6)
COLLECTION:
Clinton Presidential Records
Counsel Office
Sally Paxton
OA/Box Number: CF 959
FOLDER TITLE:
FBI Binder - FBI Files [2]
2006-1066-F
vz3585
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRAJ
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRA
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRAJ
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate я Federal statute [(b)(3) of the FOIA]
financial information |(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors |a)(5) of the PRA|
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
07/03/96 17:00
008
REPORT MAY CONTAIN INFORMATION SUBJECT 10 THE PROVISIONS OF FOI/PA
*** PERSONNEL INVESIGATIONS PROCESSING SYSTEM ***
E: 06/21/96
LIST OF DISCLOSURES MADE TO SOI: WHOO
PAGE:
I
IE: 15:42
DURING THE PERIOD 01/20/1993 THRU 06/21/1996
POM: ADH0C255
PURPOSE OF
DISCLOSURE DATE
LJECTS NAME (LAST, FIRST MIDDLE)
SSN
DISCLOSURE
DATE
MAILED
********
BA, CHRISTOPHER FRANK
INVESTIGATION
07/28/93 07/28/93
BYD, JAMI
INVESTIGATION
07/28/93 07/28/93
IDES, DAVID MITCHELL
INVESTIGATION
07/28/93 07/28/93
IRIDGE, MARY KATHERINE
INVESTIGATION
03/27/93 03/30/95
INISTER. HEYWARD (NMN)
INVESTIGATION
03/27/95 03/30/95
IROY, MARY R
STATUS CHECK
03/27/95 00/00/00
AMOOS, ELIZABETH ANN
INVESTIGATION
03/27/95 03/30/95
DS, ERIC MATHEW
INVESTIGATION
03/27/95 03/30/95
LE, MARK JOSEPH
INVESTIGATION
03/27/95 03/30/95
!ARDS, THOMAS JOSEPH
STATUS CHECK
03/27/95 00/00/00
:GUSON, ANITA PEREZ
INVESTIGATION
03/27/95 03/30/95
INT. MICHAEL ALAN
INVESTIGATION
03/27/95 03/30/95
EN, JANET VALERIE
STATUS CHECK
03/27/95 00/00/00
DIH, LESLIE JEANNE
STATUS CHECK
03/27/95 00/00/00
LER, DENISE LORRAINE
INVESTIGATION
03/27/95 03/30/95
GEL, JORGE GARCIA JR
INVESTIGATION
03/27/95 03/30/95
ST. DIANE DEATON
INVESTIGATION
03/27/95 03/30/95
(b)(6), (b)(7)c)
FIGH MICHAEL
INVESTIGATION
03/27/95 03/30/25
RIANNE
INVESTIGATION
03/27/95 03/30/95
ARI. 5, RICHARD CHARLES
INVESTIGATION
03/27/95 03/30/95
IMPSON, BRIAN CHANDLER
INVESTIGATION
03/27/95 03/30/95
IRENCE, DANA DURST
INVESTIGATION
04/10/95 04/11/95
AY, SUSAN GAIL
INVESTIGATION
04/10/95 04/11/95
ES, ROBERT LEE JR
INVESTIGATION
05/04/95 05/04/90
IN, CHRISTOPHER JOSEPH
05/08/73 05/00/25
'INGSTONE, STEVEN EDWARD
INVESTIGATION
05/11/95 05/12/95
HING, MICHAEL CROWLEY
INVESTIGATION
05/15/95 05/15/95
ENBERG, FRANCES TINT
PRE-PLACEMENT
11/01/95 11/01/95
ISEN, FREDERIC JAMES
PRE-PLACEMENT
03/06/76 00/00/00
ROW, JEFFREY LLOYD
STATUS CHECK
03/12/96 03/13/96
:K, JIWON NMN
STATUS CHECK
03/12/96 00/00/00
iAY, SUSAN GAIL
STATUS CHECK
04/03/96 00/00/00
RNBERRY, BETTY JANE
STATUS CHECK
04/30/96 05/01/96
IND, JONATHAN HARALD
PRE-PLACEMENT
06/17/96 06/18/96
[001]
07/03/96 16:57
001
FAX TRANSMITTAL
FROM
THE OFFICE OF THE DIRECTOR
U.S. OFFICE OF PERSONNEL MANAGEMENT
TO:
Rhocida JACKSON
of
CABINET AFFAIRS
phone
fax 456-6704
FROM:
JANICE WACHNUCE
of
OPM
phone 606-0000
fax (202) 606-4489
DATE:
$ 7-3-96
8
TOTAL NUMBER OF PAGES (including cover sheet):
COMMENTS:
1P. CLINGER JR., PENNSYLVANIA
CARDISS COLLINS. ILLINOIS
IRMAN
RANKING MINORITY MEMBER
MINA: BILMAN. NEW YORK
HENRY A. WAXMAN, CALIFORNIA
ONE HUNDRED FOURTH CONGRESS
BURTON. INDIANA
TOM LANTOS, CALIFORNIA
DENNIS HASTERT ILLINOIS
ROBERT E. WISE. JR., WEST VIRGINIA
CONSTANCE A MORELLA. MARYLAND
MAJOR R. OWENS. NEW YORK
CHRISTOPHER SHAYS CONNECTICUT
Congress of the United States
EDOLPHUS TOWNS, NEW YORK
STEVEN SCHIFF NEW MEXICO
JOHN M. SPRATT. JR., SOUTH CAROLINA
ROS-LEHTINEN. FLORIDA
LOUISE McINTOSH SLAUGHTER NEW YORK
4. ZELIFF. JR. NEW HAMPSHIRE
PAUL E. KANJORSKI. PENNSYLVANIA
IcHUGH, NEW YORK
house of Representatives
GARY A. CONDIT. CALIFORNIA
HORN. CALIFORNIA
COLLIN C. PETERSON, MINNESOTA
MICA. FLORIDA
KAREN L. THURMAN. FLORIDA
BLUTE. MASSACHUSETTS
CAROL MALONEY, NEW YORK
S M DAVIS. VIRGINIA
COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT
THOMAS M BARRETT. WISCONSIN
M
McINTOSH INDIANA
BARBARA-ROSE COLLINS. MICHIGAN
FOX. PENNSYLVANIA
2157 RAYBURN HOUSE OFFICE BUILDING
ELEANOR HOLMES NORTON. DC
TATE WASHINGTON
JAMES P. MORAN. VIRGINIA
DICK CHRYSLER. MICHIGAN
GENE GREEN. TEXAS
GIL GUTKNECHT. MINNESOTA
WASHINGTON, DC 20515-6143
CARRIE P. MEEK. FLORIDA
MARK E. SOUDER. INDIANA
CHAKA FATTAH. PENNSYLVANIA
WILLIAM J MARTINI NEW JERSEY
BILL K. BREWSTER, OKLAHOMA
JOE SCARBOROUGH. FLORIDA
TIM HOLDEN, PENNSYLVANIA
JOHN SHADEGG. ARIZONA
MICHAEL PATRICK FLANAGAN. ILLINOIS
CHARLES F. BASS. NEW HAMPSHIRE
STEVE C LATOURETTE. OHIO
BERNARD SANDERS, VERMONT
MARSHALL "MARK" SANFORD SOUTH CAROLINA
INDEPENDENT
ROBERT L EHRLICH JR., MARYLAND
July 23, 1996
MAJORITY-(202) 225-5074
MINORITY-(202) 225-6061
Jack Quinn, Esq.
Counsel to the President
1600 Pennsylvania Avenue, Northwest
Washington, DC 20515
Dear Mr. Quinn:
In your June 20, 1996 letter, you stated that President Clinton told you "in the clearest
terms that he wanted the American people to know the truth about what happened in [the FBI
file] matter." Since then, the White House has failed to provide responses to numerous
Committee requests for information and documents. At this point, I request that you give your
immediate attention to the following open items still outstanding from Committee letters written
to the White House between June 21 and July 8, 1996 (attached):
July 2, 1996, Letter to President Clinton:
1.) Who sponsored Mr. Livingstone during the Presidential transition for White House
employment?
2.) What role did Eli Segal play in support of Mr. Livingstone's application?
3.) Who provided letters of recommendation on Mr. Livingstone's behalf?
4.) Is it correct that although Mr. Livingstone was appointed on March 11, 1993, his
security clearance was not approved until December of 1995?
5.) If Mr. Livingstone did not receive a security clearance until December of 1995, why
did four White House Counsels permit him to review sensitive FBI background
files?
6.) What role did Mr. Stephanopoulos play in hiring Mr. Livingstone and, considering
their relationship, is it appropriate to have Mr. Stephanopoulos serve as your
spokesman on this matter?
7.) What role did Mr. Stephanopoulos play in supervising Mr. Livingstone in the
[Clinton/Gore '92 campaign] Counter-Event Operations office? If Mr.
Stephanopoulos did not supervise this office, then who did?
8.) Has the White House conducted its own inquiry into the matter?
9.) Have any White House staff participated in interviewing participants in the FBI story
during the last several weeks?
July 2, 1996, Request to White House Counsel Jack Quinn (due July 5):
10.) How many versions of the Personal Data Statement Questionnaire have been used
since January 20, 1993?
11.) To which employees or applicants were these questionnaires distributed? Which
employees or applicants were directed to supply the information requested in the
questionnaire by position, by employing office, and whether Title 3 or Title 5.
12.) What White House offices used this questionnaire for employment screening
purposes?
13.) Which components within the Executive Office of the President used the
questionnaire for employment screening purposes?
14.) Which offices and/or employees reviewed the completed questionnaire?
June 28, 1996, Request to White House Counsel Jack Quinn (due July 1):
15.) Please provide all ecords of interviews, recommendations, letters of reference and
other information pertinent to the hiring of Mr. Livingstone.
June 21, 1996, Request to White House Counsel Jack Quinn (due June 24):
16.) When did Mr. Livingstone obtain his security clearance; what level of clearance dic
he receive, and who vetted him? SANE As ABOVE Rm 84
17.) Please provide Usher's Records or Secret Service records for every occasion on
which Mr. Livingstone has been in the White House residence from January 1,
1996, to the present. May 1- June Produced list in Progress
18.) Please provide all records of visitor logs for visitors to the White House who were
waved in to see Mr. Marceca from August 1993 through March 1994 and any
visits he made to the White House from January 1, 1996 to the present.
19.) Please provide all records of visitor logs for visitors to the White House who were
waved in to see Mr. Livingstone from January 20, 1993, to present.
20.) Please provide all records of phone logs or messages for Mr. Livingstone from
January 20, 1993, to present.
21.) Please provide all records reflecting any reprimands regarding issues related to
White House passes or security clearances or the obtaining of FBI background
files of William Kennedy, Craig Livingstone, Anthony Marceca, or any staff (paid
or unpaid) of the Office of Personnel Security or White House Counsel's Office.
I look forward to your response.
Sincerely,
Bill Clung William F. Clinger, Jr.
Chairman
Cc Jane
Wendy
a
Wendy -
I.d Like to be
hept my to date
on this and we
should publicy
d a "rolling"
response -
Jack
JUL 09 96 19:30 FROM: COMMUNICATIONS
2024561213
TO:65055
PHGE V14
U.S. Department of Justice
-
Federal Bureau of Investigation
Office of the General Counsel
Washington D.C. 20535
June 13, 1996
BY COURIER
Ms. Jane Sherburne
Special Counsel to the President
The White House
Washington, D.C.
Dear Ms. Sherburne:
In accordance with the oral agreement made with you by
my Deputy, Tom Kelley, on the evening of June 6, 1996, I am
returning herewith a xerox copy of the contents of carton CF216.
That carton was one of the three cartons of records you turned
over to Mr. Kelley and Inspector Kitchen that evening. We have
retained the original carton and its contents.
Sincerely,
Howard M. Shapiro
General Counsel
Enclosure
THE WHITE HOUSE
WASHINGTON
June 25, 1996
MEMORANDUM
TO:
All Staff of the White House and Office
of Administration
FROM:
Jane C. Sherburne
Special Counsel to the President
Wendy S. White
Associate Counsel to the President
RE:
Clarification of House Committee Document Request
of June 21, 1996
(Memorandum to Staff dated June 24, 1996)
We have received a number of telephone calls concerning the
scope of the above request. We have redrafted the request, in
order to clarify what documents we believe are being sought, as
follows:
All memos to and/or from Craig Livingstone, Anthony
Marceca, William Kennedy, Bernard Nussbaum, Vincent
Foster, Joel Klein, Lloyd Cutler, Abner Mikva, John M.
Quinn, Jane Sherburne, Beth Nolan, Cliff Mauton,
Christopher Cerf, Trey Schroeder, Ed Hughes, Jonathan
Denbo, Mari Anderson or Ms. Lisa Wetzel regarding --
1. Procedures for the updating of White House
passes;
2. Security clearance procedures and the use of
FBI background files requested by or on
behalf of the White House Office of Personnel
Security; or
3. The operation of the Office of Personnel
Security.
The request, as we understand it, does not require
production of your Personal Data Statement & Questionnaire or
communications with the Office of Personnel Security about
individual matters. In addition, you need not produce at this
time any routine requests for White House passes or requests for
security clearances prepared in the ordinary course of business.
-2-
We understand that this request raises a number of issues.
Please do not hesitate to call us for help in resolving them.
(Jane Sherburne 6-5116 or Wendy White 6-7361).
L
---
1 3
240M RAYBURN HOUSE ORDER BURDING
COMMITTEES
WASHINGTON DC 20515-0529
COMMERCE
1202' 225-3375
GOVERNMENT REFORM AND OVERSIGHT
DISTRICT OFFICE
8436 WEST In STREET
SUPTE 600
Congress of the United States
PHILIP M. SCHILIRO
ADMINISTRATIVE ASSISTANT
LOS ANGELES. CA 90048-4:83
(213) d51-1040
house of Representatibes
Mashington. DC 20515-0529
HENRY A. WAXMAN
29TH DISTRICT CALIFORNIA
June 27, 1996
Dear Colleague:
As you know, the House Government Reform and Oversight
Committee held a 9 1/2 hour hearing yesterday on the white House
Office of Personnel Security's collection of FBI files on
previous employees of the White House as part of its Update
Project.
Having had the opportunity to hear the testimony of
witnesses who worked in the White House Office of Personnel
Security, I wanted to share with you specific information that is
relevant in our review of the Administration's actions in this
matter.
As you know, the Update Project consisted of the Clinton
Administration's reconstruction of the security files of
"holdover" employees, detailees, agency representatives, and
others who had access to the White House complex. This project
was necessary because every departing Administration takes all of
its security files on the thousands of people with access to the
White House complex and turns them over to the National Archives
with Presidential Papers. In addition to recreating these files,
the White House Office of Personnel Security had to determine
which holdovers were due for their required five-year FBI
background reinvestigation.
Lisa Wetzl, a witness at yesterday's hearing, had been
employed by the White House office of Personnel Security and
personally worked on the Update Project. Ms. Wetzl's testimony
was largely overlooked by the press, but it will be especially
helpful to Members who are seeking the truth about the office's
inappropriate request of some FBI files.
Ms. Wetzl has been accused of no wrongdoing, and no
questions have been raised about her character and integrity.
Her testimony was competent, credible, unequivocal, and under
oath. She is no longer employed at the White House and has no
logical reason to perjure herself. Indeed, it makes no sense to
me that Chairman Clinger, after receiving her deposition, did not
ask her to testify and initially refused a request by the
Minority that she be allowed to do so.
Ms. Wetzl was employed in the Office of Personnel Security
from August 1993 until September 1995. This is significant
because she is the only person who worked on the Update Project
whose employment coincided with the other individuals who worked
on this project: Nancy Gemmell and Anthony Marceca.
Nancy Gemmell was the only career employee from the previous
Administration who stayed on in the Office of Personnel Security
with the change in Administrations. She guided Ms. Wetzl and Mr.
Marceca on office procedures and began the work on the Update
Project for the Clinton Administration prior to her retirement in
August 1993. She had worked in the Office of Personnel Security
since 1981. When she decided to retire, the Clinton
Administration asked her to stay on until August 1993.
Anthony Marceca, an investigator with top security clearance
for the United States Army Criminal Investigative Division, was
detailed to the White House from August 1993 - February 1994. He
arrived at about the time Ms. Gemmell retired and was the next
person to work on the Update Project. According to Ms. Wetzel,
Mr. Marceca was detailed primarily to work on the paperwork for
FBI full field background investigations of new employees. She
said that he began to work on the Update Project "at some point
after he started."
Ms. Wetzl was responsible for completing the Update Project
that Ms. Gemmell and Mr. Marceca had begun. She testified that
since the Update Project had not been a priority in the office,
she did not begin her work on it until the late fall of 1994, six
months after Mr. Marceca returned to his job at the Army Criminal
Investigative Division.
Ms. Wetzl is also the one who made the discovery that the
Secret Service lists Ms. Gemmell and Mr. Marceca relied upon were
out of date.
One of the two issues at the core of this investigation is
the accuracy of the list of names of holdovers the Secret Service
maintained and provided to the Office of Personnel Security.
In her sworn testimony yesterday, Ms. Wetzl stated that she
knew Mr. Marceca was using a Secret Service list for the Update
Project because of the "distinctive green and white computer
paper" that contained the list of names he worked from.
She testified that Ms. Gemmell had also used a Secret
Service list and that she had left it in the office vault when
she retired. Ms. Wetzl said she knew "immediately" when she
reviewed Ms. Gemmell's Secret Service list that it was out of
date because it was "extremely long, and appeared to contain
hundreds of names from past administrations."
Ms. Wetzl also cleared up the confusion many of us have had
about the Secret Service lists: why did it seem that people were
using different lists and how could the Secret Service list of
names be inaccurate when the Secret Service claims that they are
regularly updated?
In her opening statement, Ms. Wetzl testified: "The list I
used was provided to us by the Secret Service on a monthly basis,
but we could ask for updated copies more frequently It
was
well known around our office that the Secret Service lists
included names of people who no longer had active passes
On
many occasions, I would inform the women who worked in the Secret
Service office who had provided us with the lists that their
lists contained names that should no longer be there, or that
persons were listed as working in the wrong office."
Ms. Wetzl also stated that she took it upon herself to
contact supervisors of White House offices to request an accurate
list of holdover employees because she could not rely on the
accuracy of the Secret Service's list. On "many occasions" she
notified the Secret Service with corrections. In fact, she
testified that copies of memos she sent to the Secret Service
notifying its staff of mistakes in the list are still at the
White House office of Personnel Security. These documents are
under seal by order of Independent Counsel Kenneth Starr. It is
my hope they will be released in the very near future.
The second issue at the core of this investigation is
whether there was any intent to misuse FBI files for political
purposes.
Ms. Wetzl also testified under oath that during her entire
term in the Office of Personnel Security, she knew of no effort
to use the FBI files as part of a smear campaign or to create an
enemies list, and that no one ever asked or directed her to
assemble information or to use any confidential information for
any reason, political or otherwise.
Moreover, Ms. Wetzl told the Committee that to her knowledge
no one in the office requested FBI files in the six months
between Mr. Marceca's departure and the date she began to work on
the project. Finally, she testified that a log system was in
place for any removal of files from the office to the White House
Counsel's office.
There will undoubtedly be additional questions that need to
be answered in this matter. But if Ms. Wetzl's testimony is
accurate, and there is no evidence that suggests otherwise, then
it is clear that the Update Project was handled ineptly. What
the sworn testimony also makes clear, however, is that the
project was not motivated by political reasons, that the
information in the FBI files was not used in any political way,
and that access to the files was more limited than has been
publicly suggested. In short, Ms. Wetzl's sworn testimony
reveals that the office's employees made very serious mistakes,
but no testimony in yesterday's hearing indicated that the staff
was involved in intentionally unethical or illegal activity.
I hope this information is helpful to you as you continue to
follow the developments of this important issue. Please contact
Pat Delgado of my staff if you would like to have a copy of Ms.
Wetzl's statement or if you need any additional information.
bawan HENRY A. WAXMAN
Member of Congress
CO 293 (Rev. 8/91) Subpoens to Tontify Before Grand Jury
United States District Court
FOR THE
DISTRICT OF
COLUMBIA
TO: Executive Office of the President
c/o Jane Sherburne
Special Counsel to the President
SUBPOENA TO TESTIFY
BEFORE GRAND JURY
SUBPOENA FOR:
X
PERSON
X
DOCUMENT(S) OR OBJECT(S)
YOU ARE HEREBY COMMANDED to appear and testify before the Grand Jury of the United States District Court at
the place, date, and time specified below.
PLACE
United States District Court for the
COURTROOM
District of Columbia
Grand Jury/Third.Floor
Third & Constitution Avenue, N.W.
DATE AND TIME
Washington, D.C.
July 11, 1996/ 9:30 am
YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):*
See attached rider.
Personal appearance not required if the requested documents are delivered
on or before the return date to SA Russell Bransford at the Office of the
Independent Counsel, Suite 490 North, 1001 Pennsylvania Avenue, N.W.,
Washington, D.C. 20004, telephone number (202) 514-8688, for submission
to the Grand Jury.
Please see additional information on reverse.
This subpoena shall remain In effect until you are granted leave to depart by the court or by an officer acting on
behalf of the courte
COURT
FOR
U.S. MAGISTRATE OF COURT
THE
DATE
Nancy M. Whitin
DISTRICTOF
July 1, 1996
(BY) DEPUTY CHIRK
6
pier
(D705)
NAME, ADDRESS AND PHONE NUMBER OF ASSISTANT U.S. ATTORNEY
This subpoent seed Upon VIRWING application
of the United States THE
Suc
Steven M. Colloton, Associate Independent Couns
Office of the Independent Counsel
1001 Pennsylvania Avenue, N.W., Suite 490- North
Washington, D.C. 20004
(202) 514-8688
"If not applicable. enter "none."
U $ GPO 1993-0-350-792/60396
SUBPOENA RIDER
A.
Any and all documents within workspace assigned to the
White House Office of Personnel Security, including but
not limited to Room 84 and Room 98 of the Old Executive
Office Building;
B.
Any and all documents sent to the White House Office of
Records Management (or to any other location for
archiving or storage) by, or on behalf of, any employee
of the White House Office of Personnel Security between
January 20, 1993, and the present;
C.
Any and all indices of documents sent to the White
House Office of Records Management (or to any other
location for archiving or storage) by, or on behalf of,
any employee of the White House Office of Personnel
Security between January 20, 1993, and the present;
D.
Names, addresses, and telephone numbers of any and all
employees of, or persons assigned to, the Office of
Personnel Security between January 20, 1993, and the
present, including volunteers and interns;
E.
Any and all documents referring or relating to Anthony
Marceca or Craig Livingstone, including but not limited
to:
1.
documents contained in personnel files of Anthony
Marceca or Craig Livingstone, and any other
documents referring or relating to prospective
hiring or termination of, job descriptions for, or
dates and terms of employment at the White House
of Anthony Marceca or Craig Livingstone, including
documents relating to administrative leave taken
by Mr. Livingstone in June 1996 or Mr.
Livingstone's resignation in June 1996;
2.
documents, memoranda or correspondence created,
drafted, authored or signed by Anthony Marceca or
Craig Livingstone;
3
documents and communications that refer or relate
to work or other White House activities of Anthony
Marceca or Craig Livingstone;
4.
electronic mail (including mail that was forwarded
or copied) to or from Anthony Marceca or Craig
Livingstone between January 20, 1993 and the
present;
1
5.
KW
WAVES records referring or relating to Anthony
Marceca or Craig Livingstone,
6.
documents referring or relating to Anthony Marceca
or Craig Livingstone that are stored in the form
of magnetic or electronic coding on computer media
or on media capable of being read by computer or
with the aid of computer related equipment,
including but not limited to floppy disks or
diskettes, disks, diskettes, disk packs, fixed
hard drives, removable hard disk cartridges,
mainframe computers, Bernoulli boxes, optical
disks, WORM disks, magneto/optical disks,
floptical disks, magnetic tape, tapes, laser
disks, video cassettes, CD-ROMS, and any other
media capable of storing magnetic coding,
microfilm, microfiche and other storage devices,
voicemail recordings, and all other written,
printed, or recorded or photographic matter or
sound reproductions, however produced or
reproduced,
but excluding any Personal Data Statement &
Questionnaire in the possession of a current employee
or documents relating to background investigations or
security clearances of a current employee that are in
the possession of such employee.
F.
Any and all documents referring or relating to requests
made by the White House between January 20, 1993 and
February 28, 1994, to the Federal Bureau of
Investigation for background investigation reports and
materials;
G.
Any and all calendars; datebooks; records of
conversations, meeting or interviews; records of
telephone conversations; telephone call logs; telephone
records; messages; message books; message logs; or
similar documents or records (including those now in
the custody of the White House Office of Records
Management, or in the custody of former White House
employees now working in any other position in the
Executive Branch of the government) that refer or
relate to Anthony Marceca or Craig Livingstone, and
which were created or maintained by or for, or are in
the custody or control of, any of the following
persons:
Erskine Bowles
Hillary Rodham Clinton
William Jefferson Clinton
Deborah Coyle
2
Jeff Eller
Vincent W. Foster, Jr.
Mark Gearan
Albert Gore, Jr.
Nancy Hernreich
Harold Ickes
William H. Kennedy
Bruce Lindsey
Michael McCurry
Thomas McLarty
Cheryl Mills
Dee Dee Myers
Bernard Nussbaum
Leon Panetta
John M. Quinn
George Stephanopoulos
Patsy Thomasson
David Watkins
Margaret Williams
H.
Any and all documents produced to or made available for
review by Congress in connection with any inquiry
relating to requests made by the White House between
January 20, 1993 and February 29, 1994 to the Federal
Bureau of Investigation for background investigation
reports and materials.
If any of the above requested documents and/or
communications have previously been produced, please SO state and
identify the documents and/or communications by Bates number.
Definitions and Instructions
1. Definitions
a. The term "document" or "documents" as used in
this subpoena means all records of any nature whatsoever within
your possession, custody, or control or the possession, custody,
or control of any agent, employee, representative, or other
person acting or purporting to act for or on your behalf or in
concert with you, including but not limited to memoranda,
records, reports, notes, books, files, summaries or records of
conversations, meetings, or interviews, summaries or records of
telephone conversations, diaries, calendars, datebooks,
telegrams, facsimiles, telexes, telefaxes, electronic mail,
computerized records stored in the form of magnetic or electronic
coding on computer media or on media capable of being read by
computer or with the aid of computer related equipment, including
but not limited to floppy disks or diskettes, disks, diskettes,
disk packs, fixed hard drives, removable hard disk cartridges,
mainframe computers, Bernoulli boxes, optical disks, WORM disks,
magneto/optical disks, floptical disks, magnetic tape, tapes,
3
ORRIN a HATCH, UTAH, CHAIRMAN
STROM THURMOND, SOUTH CAROLINA
JOSEPH R. BIDEN, JR., DELAWARE
ALAN K. SIMPSON, WYOMING
EDWARD M. KENNEDY, MASSACHUSETTS
CHARLES E. GRASSLEY, IOWA
PATRICK J. LEAHY, VERMONT
ARLEN SPECTER, PENNSYLVANIA
HOWELL HEFLIN, ALABAMA
HANK BROWN. COLORADO
PAUL SIMON, ILLINOIS
FRED THOMPSON, TENNESSEE
HERBERT KOHL, WISCONSIN
Hnited States Senate
ON KYL. ARIZONA
DIANNE FEINSTEIN, CALIFORNIA
E DEWINE, оню
RUSSELL D. FEINGOLD, WISCONSIN
INCER ABRAHAM, MICHIGAN
COMMITTEE ON THE JUDICIARY
MARK R. DISLER, Chief Counsel
WASHINGTON, DC 20510-6275
MANUS COONEY. Staff Director and Senior Counsel
CYNTHIA C. HOGAN, Minority Chief Counsel
KAREN A. Rose, Minority Staff Director
July 3, 1996
The Honorable Leon Panetta
Chief of Staff to the President
The White House
Washington, D.C. 20500
Dear Mr. Panetta:
As you know, the Senate Judiciary Committee is conducting an investigation
concerning the improper request by the White House for the FBI background files of more
than 400 individuals who no longer worked at the White House. As part of that investigation,
and in order to prepare for additional public hearings, we are requesting that present and
former White House personnel, as specified below, produce documents and records to this
Committee.
The White House may have custody, control, or possession of records, including
documents or records of present and former White House personnel, that relate to the FBI
files controversy. Our request embraces these documents and other records, within the
custody or control of the White House including the Office of Records Management, relating
to those matters.
On June 13, I sent you a letter asking a series of questions about the White House's
improper acquisition of FBI background files of individuals from prior administrations. On
June 19, Counsel to the President Jack Quinn responded on your behalf that in deference to
the Independent Counsel, you had not conducted a search for material that would allow you to
respond fully to these questions, but that you would provide the information you had
available. 1 believe that providing the Committee with the documents I am requesting is
consistent with Mr. Quinn's representations in his June 19, 1996 letter.
Accordingly, please provide all documents, regardless of format, including, but not
limited to, e-mail. electronic "dump files," memorandum, correspondence, notes, and material
in any other medium, including drafts of the foregoing, that relate in any manner to the
following (1) the White House Personnel Security Office's "Project Update"; (2) the White
House Personnel Security Office's procedures for requesting, reviewing, maintaining, and
safekeeping F.B.I. background information files; (3) the staffing of the White House
Personnel Security Office; (4) access to and the operation of the White House Personnel
Security Office (5) meetings between any member of the White House Personnel Security
Office and members of the White House Counsel's Office, the Office of the White House
Chief of Staff, the Office of the Counselor to the President, the Office of the First Lady, and
the Office of Presidential Personnel; (6) visitors to any member of the White House Personnel
Security Office; (7) communications to or from the White House Personnel Security Office:
(8) reprimands or disciplinary action taken regarding members of the White House Personnel
Security Office or the White House Counsel's Office concerning F.B.I. files and confidential
background information; and (9) all individuals serving in the White House who were
authorized to review F.B.I. files.
The relevant time period for this request is from
January 20, 1993, to the present.
Your response should include, but not be limited to, the following:
(A) A listing of all persons who served in the White House Counsel's Office from
January 20, 1993, to the present. Please include the individuals' titles and dates of service.
Please identify all individuals who served in the Personnel Security Office or provide a
separate list of those individuals. Please include, or list separately, all volunteers, interns, or
other unpaid staff who worked in the White House Counsel's Office or the Personnel Security
Office from January 20, 1993, to the present. Please include the salaries of all persons who
served in the Personnel Security Office during this time.
(B) A listing of all persons in the White House Counsel's Office or any other White
House office who had the authority to review F.B.I. background files from January 20, 1993,
to the present.
- (C) The dates when all individuals serving in the White House Personnel Security
Since -- including, but not limited to, Mr. Craig Livingstone and Mr. Anthony Marceca --
obtained their security clearance, the level of clearance, the name of the individuals or
individuals who conducted their background investigations.
(D) All memos to and/or from Craig Livingstone, Anthony Marceca, William
Kennedy, Bernard Nussbaum, Bruce Lindsey, Vincent Foster, Joel Klein, Lloyd Cutler, Abner
Mikva, John Quinn, Jane Sherburne, Beth Nolan, Christine Varney, Steve Neuwirth, Cheryl
Mills, Cliff Mauton, Christopher Cerf, Tray Schraeder, Ed Hughes, Jonathan Denbo, Mari
Anderson, Lisa Wetlz, Mack McLarty, Patsy Thomasson, and David Watkins regarding the
following subjects:
(i) updating White House passes
(ii) security clearances
(iii) FBI background files or FBI background investigations
(iv) operation of the White House Personnel Security Office
(v) Craig Livingstone
(vi) Anthony Marceca
(vii) replacing personnel files removed by the Bush Administration
(viii) project update
(E) All records of Craig Livingstone's entrances and exists to the White House
complex from May 1, 1996, to June 20, 1996.
(F) Any records of every occasion on which Craig Livingstone and Mr. Anthony
Marceca have been in the White House from January 20, 1993, to the present.
(G) All records of visitors to the White House to see Craig Livingstone or Anthony
Marceca from January 20, 1993, to the present.
(H) All records of phone logs or messages for Craig Livingstone or Anthony Marceca
from January 20, 1993, to the present. Please provide any calendars and another other
documents reflecting any meetings in which Mr. Livingstone and/or Mr. Marceca participated.
(I) All information on who hired Mr. Craig Livingstone. Please name all individuals
who made recommendations or who approved Livingstone's employment in the Personnel
Security Office.
(i) Please provide all information on who requested Mr. Anthony Marceca to be
detailed at the White House in 1993.
(ii) Please provide the dates of Mr. Anthony Marceca's detail in the White House
Office of Personnel Security.
(iii) Please provide the dates of any other position(s) Mr. Marceca held with the White
House prior to or following his detail in the White House Office of Personnel
Security.
(J) Please provide a copy of any Memorandum of Understanding between the White
House or the Clinton/Gore transition team and the FBI and/or the Justice Department
regarding FBI background reports.
(K) Please identify all persons who assisted in compiling and/or typing the alphabetical
list of names of the 333 persons whose files were improperly requested and received by the
White House. Please indicate the location of the original and when it was compiled.
(L) Please provide any documents relating to the discovery, archiving, or storage of
the 333 improperly obtained FBI files since 1993. Please indicate when the files were sent or
transferred to the White House Office of Records Management for storage, and if the files
were then transferred to the United States Archives, and who approved the transfers. Please
indicate when any of these documents were retrieved from the White House Office of Records
Management or the Archives, who retrieved these files, and the purpose of the retrieval.
(i) Please provide all documents relating to the storage of all material from the White
House Office of Personnel Security with the White House Office of Records
Management.
FBI how
change aut forms
(ii) Please indicate the dates on which this material was stored and the location(s) of
these stored materials.
(iii) Please identify the dates on which additional storage containers and/or storage
areas added to the White House Office of Personnel Security.
(M) Please provide any logs, check-out sheets or other similar documents maintained
for all FBI background files stored in the White House Personnel Security office since
January 20, 1993.
(N) Please provide any documents describing how the White House determined that
the first 333 files, and then the 138 files returned to the F.B.I. later, were improperly
requested. If no such document(s) exists, please provide a written description of the process
by which the White House determined that these files were improperly requested.
(O) Please advise whether Mr. Livingstone's or Mr. Marceca's attorneys are being paid
by the United States, and if so, under what authority. Please advise whether any commitment
has been made to reimburse Mr. Livingstone or Mr. Marceca for their attorney's fees, and if
so, who made that commitment and under what authority it was made. Please provide any
documents relating to this matter.
(P) Please provide a copy of the "Personal Data Statement Questionnaire" that,
according to the June 20, 1996, Washington Times, was distributed to the 1993 career White
House employees. Please indicate the date(s) on which these questionnaires were distributed.
Please provide the list of all holdover employees to whom these questionnaires were
distributed. Please describe how that list was compiled at the time of the distribution of the
forms. Please provide any other documents relating to the distribution of this questionnaire,
other than the individual employee's responses.
(Q) Please provide any documents relating to President Clinton's assertion of executive
privilege cited on May 10, 1996, as the basis for Mr. Quinn and Mr. Watkins' non-
compliance with the subpoena issued by the U.S. House Committee on Governmental Reform
and Oversight. Please provide any documents created before, contemporaneously with, or
after that assertion of privilege regarding Billy Dale's FBI file or the request form for that
file. Please provide any documents discussing or analyzing whether executive privilege could
be asserted with respect to Billy Dale's FBI file or to the request for that file. If no
documents exist, please describe any review conducted concerning the assertion of privilege
over Mr. Dale's file or the request form for that file, who conducted the review, and to whom
the review was provided.
(R) Please provide all documents relating to President Clinton's revised claim of
executive privilege on or about May 30, 1996 permitting the release of 1000 pages of
documents, but requiring the withholding of 2000 pages of documents from the U.S. House
Committee on Government Reform and Oversight.
(S) Additionally, a June 26, 1996 Washington Times article entitled, "Security System
Computerizes Personal Data," which alleges that the White House has a secret computer
system that tracks detailed personal information on "tens of thousands of people." The article
further alleges that in addition to storing information about family ties, political loyalties and
whether people are "important" by region, city or state, the system has the capability of
interfacing with the computers at the Democratic National Committee. If true, the use of
taxpayer dollars for such political purposes may be in violation of 31 U.S.C. 1301.
Please provide the following information:
(i)
All records of or pertaining to the facilities management contract for the Office
of Administration's Information Systems and Technology Division (awarded to
PRC, Inc. and/or any subsequent vendors) from January 20, 1993 to the
present;
(ii)
The name of the individual(s) who ran the facilities management contract for
the Office of Administration's Information Systems and Technology Division
(awarded to PRC, Inc. and/or any subsequent vendors) from January 20, 1993
to the present;
(iii) All records of procurement under the facilities management contract for the
Office of Administration's Information Systems and Technology Division
(awarded to PRC, Inc. and/or any subsequent vendors) from January 20, 1993
to the present, including, but not limited to, all sub-contracts under that
contract;
(iv)
Any and all information provided by the Democratic National Committee that
was entered into the database;
(v)
Identify by name and title the political appointees who oversaw the creation
and implementation of the database;
(vi)
Identify by name and title the individuals who had access to the database;
(vii) Identify by address and room number the locations of the special remote
computers that could access the database;
(viii) Provide a list of the fields in which information was input into the database;
and,
(ix)
Provide schematics, flowcharts, guidelines and codes on how to operate the
database system.
Another purpose of. this letter is to direct to your attention one particular request in my
letter to you dated June 13, 1996, that was not answered and urge you to have it addressed
immediately. Question 7A of the June 13 letter asked for "a copy of the lists upon which
these request[s] [for FBI files] were made." In light of reports that the list may have been
destroyed, I ask that you immediately search for and provide to the Committee a copy of any
such lists as soon as possible, even if your response to this particular inquiry precedes your
reply to other requests contained in this letter.
Committee staff have contacted the Independent Counsel to ensure that this request
will not impede the Independent Counsel's investigation. The Independent Counsel has
informed us that it will communicate with the White House directly as to any concerns
regarding the timing or the terms of this document request. If the White House intends to
refuse to comply with certain production requests in this letter based on concerns about the
Independent Counsel's investigation, we expect you to identify the specific objections raised
by the Independent Counsel as to specific requests in this letter.
Please indicate where, including from which White House Office, and from whom
each of those responsive documents was obtained. It would also be helpful if you provided a
list of materials that you are submitting so that the Committee and your office will have a
common list of records supplied by the White House.
If the White House decides to withhold any documents, please provide a log
identifying each such document, the date, author(s), recipient(s), the subject matter of any
such documents, and the basis on which the document is not being provided. The
Committee's staff is available to meet with you and your staff to expedite your response to
this request and to answer any questions. If you are aware that any document responsive to
any request contained in this letter has been destroyed, please identify any such document and
the circumstances of its destruction including the names of those who destroyed it and the
date of such destruction.
The materials should be delivered to Anna Cabral, Chief Clerk, 224 Dirksen Senate
Office Building. You may submit copies in response to this request so long as they are
identified as such, but the Committee reserves the right to obtain the originals. If a document
exists in multiple copies in different locations, please provide a copy from each location. As
you know, the Committee is seeking to complete its work as expeditiously as possible.
Therefore, 1996. it is necessary that the Committee receive these documents no later than July 12,
This request is an initial request and may be supplemented by additional ones. We
recognize that you may wish to designate a White House official who will be responsible for
responding to this request.
Your cooperation with this matter is greatly appreciated.
Sincerely,
Chrin Hatch
Orrin G. Hatch
Chairman
CC. The Honorable Jack Quinn, Counsel to the President
Mr. Terry Good, Director, White House Office of Records Management
OGH:mcr
07-16-96 10:24AM
FRUM JUDICIARY COMM.
94001210
draft
RESOLUTION
Be it resolved that, pursuant to its authority under Rule
26 of the Standing Rules of the Senate, the Senate Committee on
the Judiciary hereby authorizes its Chairman to issue to
Anthony B. Marceca of Odenton, Maryland the subpoena attached
as Exhibit 1 to this resolution, which commands Mr. Marceca to
appear before the Committee to testify to what he may know
relative to matters under Committee consideration and to
produce certain documents within his possession, custody, or
control.
07-10-90
10.24AM
TRUM
Attachment 1
UNITED STATES OF AMERICA
draft
Congress of the United States
To Anthony B. Marceca
522 Camelot Court
Odenton, MD 21113
, Greeting:
Bursuant to lawful authority, YOU ARE HEREBY COMMANDED to
appear before the
Committee on the Judiciary
of the Senate of the United States, on Thursday July 18 , 1996
,
at
10:00
o'clock a m., at their committee room SD-226
, then and there
to testifyx what tox the subject matters xunder consideration
by raid committeex
produce the documents described in attachment A
Dereof fail not. as you will answer your default under the pains and pen-
alties in such cases made and provided.
To any agent of the United States Senate
to serve and return.
Giben under my hand, by order of the committee, this
16th day of July
, in the year of our
Lord one thousand nine hundred and ninety-six.
Chairman, Committee on the Judiciary
Attachment A
All documents, and all computer disks containing documents, regardless of format,
including but not limited to, e-mail, electronic files, electronic backup and dump files,
memoranda, correspondence, notes, records, reports, files, any material in any other medium,
including drafts of the foregoing, that refer, reflect, or relate in any manner to the following:
(1) the White House Personnel Security Office's "Project Update" or "Update
Project;"
(2) the White House Personnel Security Office's procedures for requesting, reviewing,
maintaining, and safekeeping of background files;
(3) access to the White House Personnel Security Office;
-
(4) meetings between any member of the White House Personnel Security Office and
members of the White House Counsel's Office, the Office of the Chief of Staff, the
Office of the Counselor to the President, the Office of the First Lady, the Office of
Administration and Management, the Office of the Vice President, the Office of
Presidential Personnel, or any other component of the Executive Office of the
President;
(5) communications to or from the White House Personnel Security Office;
(6) FBI, IRS, or other investigations, documents, files, records, or other material or
information on or pertaining to any current or former employees of officials of the
Executive Branch:
(7) seeking or securing employment, a Presidential nomination or appointment, or
detail in the Executive Branch since November 1, 1992;
(8) work performed, or communications to or from, any political party, party officer,
political campaign, or political organization since January 1, 1992; and
(9) all records relating to any criminal complaints or charges against Mr. Marceca at
any time.
THE WHITE HOUSE
WASHINGTON
COPY
July 26, 1996
anna
MEMORANDUM FOR COLLEEN CALLAHAN
SPECIAL AGENT IN CHARGE
UNITED STATES SECRET SERVICE
FROM:
TERRY DIRECTOR GOOD Good
OFFICE OF RECORDS MANAGEMENT
RE:
REQUEST FOR WAVES INFORMATION
Attached is a request from Anna Chavez of the White House
Counsel's Office for information from the USSS WAVES files
elating to 1)
"
any record of visitors waved into the
hite House complex to see Craig Livingstone or Anthony Marceca
and 2) "
any documents recording any entrances or exits into
the White House complex by Anthony Marceca." The relative time
period for both requests is January 20, 1993 through July 15,
1996. I would appreciate your assistance in responding to this
request to the extent possible.
Lee Johnson, Tom Taggart and I are prepared to work with you on
this project.
CC: Wendy White
THE WHITE HOUSE
WASHINGTON
TO:
COLLEEN CALLAHAN
SPECIAL AGENT IN CHARGE
FROM:
ANNA M. CHAVEZ Ame
OFFICE OF THE COUNSEL TO THE PRESIDENT
DATE:
AUGUST 2, 1996
RE:
CONGRESSIONAL SUBPOENAS AND REQUESTS
In response to your telephone call of August 1, 1996, I am
providing your office with copies of three congressional requests
and one Independant Counsel subpoena regarding the White House
Office of Personnel Security investigation. I have marked the
relevant sections of each document. As you will see, all four
documents request essentially the same WAVES material.
Therefore, I have narrowed our request to include a search of
WAVES lists for the time period of January 20, 1993 through July
15, 1996. The lists should be searched for any record of
visitors waved into the White House complex to see Craig
Livingstone or Anthony Marceca. In addition, we need any
documents which record any entrances or exits into the White
House complex by Anthony Marceca.
If you have additional questions, please feel free to call me at
6-5047. I appreciate your assistance in this time-sensitive
matter.
enclosures
cc: Wendy S. White
Tom Taggart, Jr.
THE WHITE HOUSE
WASHINGTON
TO:
TERRY GOOD
DIRECTOR OF RECORDS MANAGEMENT
FROM:
ANNA M. CHAVEZ Ame
OFFICE OF THE COUNSEL TO THE PRESIDENT
DATE:
JULY 26, 1996
RE:
CONGRESSIONAL AND INDEPENDENT COUNSEL REQUESTS
The Executive Office of the President has received several
subpoenas and production requests over the past few months
regarding the FBI investigation. We are currently in need of
WAVES lists that pertain to the time period of January 20, 1993
through July 15, 1996. The gate list tapes should be searched
for any record of visitors waved into the White House complex to
see Craig Livingstone or Anthony Marceca. Also, we need any
documents recording any entrances or exits into the White House
complex by Anthony Marceca. I was informed by Special Agent in
Charge Colleen Callahan, Room 23 OEOB, that you must request the
loading of gate list tapes.
Thank you for your assistance. If you should have any
questions, please feel free to call me at 6-5047.
cc: Wendy White
THE WHITE HOUSE
WASHINGTON
TO:
TERRY GOOD
DIRECTOR OF RECORDS MANAGEMENT
FROM:
ANNA M. CHAVEZ Ame
OFFICE OF THE COUNSEL TO THE PRESIDENT
DATE:
JULY 26, 1996
RE:
CONGRESSIONAL AND INDEPENDENT COUNSEL REQUESTS
The Executive Office of the President has received several
subpoenas and production requests over the past few months
regarding the FBI investigation. We are currently in need of
WAVES lists that pertain to the time period of January 20, 1993
through July 15, 1996. The gate list tapes should be searched
for any record of visitors waved into the White House complex to
see Craig Livingstone or Anthony Marceca. Also, we need any
documents recording any entrances or exits into the White House
complex by Anthony Marceca. I was informed by Special Agent in
Charge Colleen Callahan, Room 23 OEOB, that you must request the
loading of gate list tapes.
Thank you for your assistance. If you should have any
questions, please feel free to call me at 6-5047.
CC: Wendy White
THE WHITE HOUSE
WASHINGTON
TO:
Wendy White
Special Counsel to the President
FROM:
Anna M. Chavez Ame
The Office of Counsel to the President
DATE:
July 29, 1996
RE:
F1 Logs
I am writing to report that our office has searched the F1
logs dated January 20, 1993 through March 31, 1996 and June 1,
1996 through June 30, 1996 for visits to the private residence by
the following persons: Arthur Coia, Craig Livingstone, and
Anthony Marceca. In all three cases, I have found no responsive
documents.
June 28, 1996
MEMORANDUM
TO:
FROM:
JODIE TORKELSON A
FRANK REEDER
WENDY WHITE
RE:
CRAIG LIVINGSTONE'S PERSONNEL FILE
On June 21, 1996, Chairman Clinger of the House Government
Reform and Oversight Committee asked the White House Counsel's
Office to provide the following information to the Committee:
"[P]lease provide all information on who hired Mr.
Livingstone, who vetted his file and reviewed his
background and who made any recommendations on Mr.
Livingstone's behalf. Was Presidential Personnel Chief
Bruce Lindsey involved in Mr. Livingstone's hiring?
Was Chief of Staff Mack Mclarty involved in Mr.
Livingstone's hiring? Was White House Counsel Bernard
Nussbaum involved in Mr. Livingstone's hiring? Was
Senior Advisor George Stephanopoulos involved in Mr.
Livingstone's hiring? Please identify all individuals
who played any role in Mr. Livingstone's hiring?"
In order to respond to this request, would you please
provide to me a copy of Mr. Livingstone's personnel file for
review by our office.
THE WHITE HOUSE
WASHINGTON
TO:
Carolyn Huber
Special Assistant to the President and Director of
Personal Correspondence
FROM:
Anna M. Chavez Ame
Office of the Counsel to the President
DATE:
July 26, 1996
RE:
Telephone Logs
I am writing to inform you that the Counsel's Office is in
possession of your telephone message books dated from 9/14/93
through 6/24/96. As you my know, we acquired your phone message
books in order to search for documents responsive to an
Independent Counsel subpoena. The Counsel's Office would be
happy to store the phone logs for you. However, if you would
prefer to have them returned to you, we can make arrangements to
that end. I can be reached at 456-5047. Please let me know of
your preference.
Thank you for your assistance.
cc: W. White
THE WHITE HOUSE
WASHINGTON
June 24, 1996
TO:
All Staff of the White House and Office of
Administration
FROM:
Jane Sherburne Jes
Special Counsel to the President
Wendy S. White
Associate Counsel to the President
RE:
Document Requests from House Committee on Government
Reform and Oversight dated June 21, 1996.
We have received the following request for documents from the
House Committee on Government Reform and Oversight:
"All memos to and/or from Craig Livingstone, Anthony Marceca,
William Kennedy, Bernard Nussbaum, Vincent Foster, Joel Klein,
Lloyd Cutler, Abner Mikva, John M. Quinn, Jane Sherburne, Beth
Nolan, Cliff Mauton, Christopher Cerf, Trey Schroeder, Ed Hughes,
Jonathan Denbo, Mari Anderson, or Ms. Lisa Wetzel regarding
anything having to do with the updating of White House passes,
security clearances, FBI background files or any operations of the
Office of Personnel Security."
Please search your files for responsive materials. After
conducting your search, provide the documents to Wendy White in
Room 136 of the Old Executive Office Building as soon as possible.
The Committee has asked for a response by the close of business
today. While we will advise the Committee that we are unable to
meet this deadline, we want to respond as quickly as we can.
Should you have any questions regarding this request, please
call Wendy White at 6-7361.
PANETTA, LEON E.
WHITE HOUSE OFFICE
CHIEF OF STAFF
WH
IFL/WW
THE WHITE HOUSE
WASHINGTON
July 31, 1996
BY FACSIMILE
The Honorable William F. Clinger, Jr.
Chairman
Committee on Government Reform
and Oversight
2157 Rayburn House Office Building
United States House of Representatives
Washington, D.C. 20515
Dear Chairman Clinger:
A member of your staff has requested that we provide
the addresses and telephone numbers of certain interns who worked
in the Office of Personnel Security.
Ed Hughes and Jonathan Denbo are represented by Brad
Berenson. Mr. Berenson's telephone number is 202/736-8498.
Below are the last known addresses and telephone numbers for the
other individuals:
Melissa Evantash
407 Conshohocken State Road
Balacynwyd, PA 19004
(703) 998-6415
Samantha Ziskind
23800 Larillo Street
Woodland Hills, IA 91367
(213) 624-1030
Joseph Foudy
415 Concord Street
Cresskill, NJ 07626
(201) 894-1161
Myong Grae Lee
20 Graffin Drive
Latham, NY 12110
(518) 783-5505
Emily Moulton
315 East 72nd Street
#21 L
New York, NY 10021
(212) 861-0105
Jennifer Dowdell
9520 Cove Drive
North Royalton, OH 44133
(202) 530-9827
Please give me a call if you have any questions.
Sincerely yours,
New Sunsume
Jane C. Sherburne
Special Counsel to the President
CC: Honorable Cardiss Collins
THE WHITE HOUSE
WASHINGTON
July 31, 1996
BY FACSIMILE
The Honorable William F. Clinger, Jr., Chairman
Committee on Government Reform and Oversight
United States House of Representatives
2157 Rayburn House Office Building
Washington, D.C. 20515-6143
Dear Chairman Clinger:
This letter responds to your letter of July 23, 1996 to
Jack Quinn, in which you identify what you understand to be
outstanding Committee requests. We have responded to your requests
in letters dated June 25, July 5, July 8, July 9 (two letters),
July 12, July 14, and July 16, 1996. As we have explained in these
responses, our answers necessarily have been incomplete because the
Independent Counsel requested that we secure both the Office of
Personnel Security and the room in which the Office of Records
Management maintains records archived from OPS. As a result, any
records responsive to your numerous requests that may be located in
these offices have been unavailable to us for review.
The Independent Counsel recently has permitted access to
the records in ORM and we have begun the process of reviewing them
for material requested by the Committee. Additional responsive
documents will be provided shortly. As soon as we have access to
documents in OPS, we will review them and produce any additional
responsive material to you as promptly as possible.
The specific questions that you identify as outstanding
are discussed below. In general, as we observed earlier, answering
many of the questions repeated in your July 23, 1996 letter would
require the White House to undertake an investigation of the FBI
files matter, including the interviewing of witnesses. We have
determined, as you know, not to undertake our own investigation in
light of ongoing inquiries by others. We have, however, been
providing documents to you that bear on the questions you raise.
Further, your Committee has been questioning the relevant
witnesses, both through depositions and in hearings, and we have
encouraged White House officials to cooperate with your efforts.
For example, the Committee has questioned Craig Livingstone,
William Kennedy, Bernard Nussbaum, George Stephanopoulos and others
about the hiring and clearance of Craig Livingstone. Further, you
have reviewed Mr. Livingstone's confidential FBI file. Our own
Hon. William Clinger, Jr.
July 31, 1996
Page 2
inquiry of these same individuals for the purpose of providing to
you answers to questions you have already asked them would appear
to an unnecessary duplication of your own efforts.
1.) Who sponsored Mr. Livingstone during the Presidential
transition for White House employment?
Response: We have provided all White House records we have been
able to locate related to this question. As we are not
conducting our own investigation, for the reasons set
forth above, we do not have additional responsive
information.
2.) What role did Eli Segal play in support of Mr. Livingstone's
application?
Response: We have provided all personnel documents available to us
related to the hiring of Mr. Livingstone. In addition,
I am attaching to this letter a recent statement released
by Mr. Eli Segal that addresses this question. As we are
not conducting our own investigation, for the reasons set
forth above, we do not have additional responsive
information.
3.) Who provided letters of recommendation on Mr. Livingstone's
behalf?
Response: We have provided all White House records we have been
able to locate related to this question.
4.) Is it correct that although Mr. Livingstone was appointed on
March 11, 1993, his security clearance was not approved until
December of 1995?
Response: No. (Please see response to Question 5.)
5.) If Mr. Livingstone did not receive a security clearance until
December of 1995, why did four White House Counsels permit him to
review sensitive FBI background files?
Response: As I have explained in the course of deposition
questioning, Mr. Livingstone's FBI background
investigation was completed and adjudicated in March
1993; he was granted a temporary security clearance at
that time, pending issuance of a permanent pass. On the
basis of that and a review of his background file, in May
1993, the CIA granted Mr. Livingstone an SCI-level
clearance.
Hon. William Clinger, Jr.
July 31, 1996
Page 3
Carrying on a practice that had been in place during
prior administrations, favorable adjudication of a
background check was considered the equivalent of a "Top
Secret" clearance. (Of course, access to Top Secret
material is afforded only to those with a "need to
know.") Mr. Livingstone received his permanent pass in
November 1993.
In August 1995, the President signed an Executive Order
that had the effect of requiring that the White House
undertake an independent review of a White House
employee's file for purposes of granting a security
clearance. Pursuant to the practice established as a
result of this Executive Order, and as evidenced by
documents we have provided to the Committee, Mr.
Livingstone's security clearance was formalized in
December 1995. For more information about the security
clearance procedures, please refer to Jack Quinn's July
30, 1996 response to Chairman Clinger's letter of July
22, 1996.
6.) What role did Mr. Stephanopoulos play in hiring Mr.
Livingstone and, considering their relationship, is it appropriate
to have Mr. Stephanopoulos serve as your spokesman on this matter?
Response: We have provided all White House records we have been
able to locate related to this question. We understand
the Committee deposed Mr. Stephanopoulos and presumably
used the opportunity to question him directly about this
matter.
7.) What role did Mr. Stephanopoulos play in supervising Mr.
Livingstone in the [Clinton/Gore '92 campaign] Counter-Event
Operations office? If Mr. Stephanopoulos did not supervise this
office, then who did?
Response: As set forth above, we are not conducting our own
investigation. (We understand the Committee has taken
the deposition of Mr. Stephanopoulos.) We have provided
all White House records we have been able to locate
related to this question.
8.) Has the White House conducted its own inquiry into the matter?
Response: No.
Hon. William Clinger, Jr.
July 31, 1996
Page 4
9.) Have any White House staff participated in interviewing
participants in the FBI story during the last several weeks?
Response: Although we are not conducting our own investigation, we
have, of course, spoken with people who may have
information necessary for responding to your inquiry as
well as others.
10.)
How many versions of the Personal Data Statement
Questionnaire have been used since January 20, 1993?
Response: We have provided a complete response to Questions 10-14
concerning the Personal Data Statement Questionnaire in
a letter from Jack Quinn to you dated July 30, 1996. In
brief, we have identified six versions of the PDS used
during this Administration.
11.) To which employees or applicants were these questionnaires
distributed? Which employees or applicants were directed to supply
the information requested in the questionnaire -- by position, by
employing office, and whether Title 3 or Title 5.
Response: As elaborated in Mr. Quinn's letter of July 30, 1996, the
PDS forms are distributed to Title 3 employees in the
White House Office, the Office of Policy Development, the
Office of the Vice President, and the Executive
Residence. In addition, the PDS forms are distributed to
non-career members of the Senior Executive Service
employed by the Office of National Drug Control Policy,
the Office of Science and Technology Policy, and the
Untied States Trade Representative.
12.) What White House offices used this questionnaire for
employment screening purposes?
Response: Please see response to Question 11, above, and Mr.
Quinn's letter of July 30, 1996.
13.) Which components within the Executive Office of the President
used the questionnaire for employment screening purposes?
Response: Please see response to Question 11, above, and Mr.
Quinn's letter of July 30, 1996.
Hon. William Clinger, Jr.
July 31, 1996
Page 5
14). Which offices and/or employees reviewed the completed
questionnaire?
Response: As elaborated in Mr. Quinn's letter of July 30, 1996,
until recently, PDS forms completed by Title 3 employees
in the White House Office, the Office of Policy
Development, the Office of the Vice President, and the
Executive Residence were reviewed by the Director of OPS.
Currently, they are reviewed by the EOP Security Officer.
PDS forms completed by non-career members of the Senior
Executive Service employed by the Office of National Drug
Control Policy, the Office of Science and Technology
Policy, and the Untied States Trade Representative are
reviewed by their respective general counsel offices.
15.) Please provide all records of interviews, recommendations,
letters of reference and other information pertinent to the hiring
of Mr. Livingstone.
Response: We have provided all White House records we have been
able to locate at this time related to this question.
16.) When did Mr. Livingstone obtain his security clearance; what
level of clearance did he receive and who vetted him?
Response: Please see response to Questions 4 and 5 above. As Mr.
Kennedy has explained in his testimony before the
Committee, he was responsible for adjudicating Mr.
Livingstone's background file.
17.) Please provide Usher's Records or Secret Service records for
every occasion on which Mr. Livingstone has been in the White House
residence from January 1, 1996, to the present.
Response: The relevant records show no occasion on which Mr.
Livingstone has been in the White House Residence from
January 1, 1996 to the present.
18.) Please provide all records of visitor logs for visitors to the
White House who were waved in to see Mr. Marceca from August 1993
through March 1994 and any visits he made to the White House from
January 1, 1996 to the present.
Response: Records responsive to this request have been maintained
by ORM in the room that only recently has become
available to us. We currently are reviewing these
records and will produce any responsive material as
promptly as possible.
Hon. William Clinger, Jr.
July 31, 1996
Page 6
19.) Please provide all records of visitor logs for visitors to the
White House who were waved in to see Mr. Livingstone from January
20, 1993, to present.
Response: Records responsive to this request have been maintained
by ORM in the room that only recently has become
available to us. We currently are reviewing these
records and will produce any responsive material as
promptly as possible. Please be aware that it will
require approximately 40 hours to load and run the
computer tapes that contain the information necessary for
responding to this request.
20.) Please provide all records of phone logs or messages from Mr.
Livingstone from January 20, 1993, to present.
Response: Records responsive to this request have been maintained
by ORM in the room that only recently has become
available to us. We currently are reviewing these
records and will produce any responsive material as
promptly as possible.
21.) Please provide all records reflecting any reprimands regarding
issues related to White House passes or security clearances or the
obtaining of FBI background files of William Kennedy, Craig
Livingstone, Anthony Marceca, or any staff (paid or unpaid) of the
Office of Personnel Security of White House Counsel's Office.
Response: We have not located any such records.
We have been and will continue to be diligent in our
efforts to review documents as they become available to us and to
provide you with responsive material promptly.
Please give me a call if you have any questions.
Sincerely yours,
Jone Susm
Jane C. Sherburne
Special Counsel to the President
Enclosure
CC: Hon. Cardiss Collins (with enclosure)
ELI J. SEGAL
7/2/96
Statement
In December ,1992, at L., request.
I agreed to "spanior" CRaig Livingrame fen . -
position on the advance staff in the Clin-
too Administration. I did so based ON
the able work he restaamed on the ad-
vance staff in the Clinton Core pres-
idential campanyn in 1992 and in the
California primary of the Hast pres -
idential campany. in 1984.
ce.f. cl.f.Sql I. Sql
THE WHITE HOUSE
WASHINGTON
August 1, 1996
BY HAND DELIVERY
The Honorable William F. Clinger, Jr.
Chairman
Committee on Government Reform
and Oversight
2157 Rayburn House Office Building
U. S. House of Representatives
Washington, D.C. 20515
Dear Chairman Clinger:
This letter is in response to the request made during
my deposition for certain documents. Enclosed are documents
bearing Bates stamped numbers CGE 48343-48350.
CGE 48343-48344 is a June 11, 1996 letter from Mr.
Howard Shapiro to me regarding certain requests for previous FBI
reports made by the White House. The index referenced in this
letter was provided to the Committee under the Bates stamped
numbers of CGE 48000-48057 on July 9, 1996. CGE 48345-48350 is
the White House's June 13, 1996 response to Mr. Shapiro's letter.
As always, we request that you treat these documents as
"Highly Confidential" in accordance with the protocols set forth
in Ms. Williams August 9, 1995 letter to Mr. Larsen.
Sincerely yours,
New Jusune
Jane C. Sherburne
Special Counsel to the President
CC: Honorable Cardiss Collins (w/enclosures)
FBI
JUL-25-1996 10:08
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WILLIAM F. DER, JR., PENNSYLVANIA
CARDIES COLLING. ILLINOIS
CHAIRMAN
RANKING MINORITY MEMBER
BENJAMIN A. GILMAN, NEW YORK
HENRY A. WAXMAN, CALIFORNIA
DAN BURTON, INDIANA
ONE HUNDRED FOURTH CONGRESS
TOM LANTOS, CALIFORNIA
J. DENNIS HASTERT, ILLINOIS
ROBERT E. WIRE, JR., WEST VIRGINIA
CONSTANCE A. MORELLA, MARYLAND
MAJOR R, OWENS, NEW YORK
CHRISTOPHER SHAYS. CONNECTICUT
Congress of the United States
EDOLPHUS TOWNS, NEW YORK
TTEYEN SCHIFF, NEW MEXICO
JOHN M. SPRATT. JR., SOUTH CAROLINA
ROS-LEHTINEN, FLORIDA
LOUISE McINTOSH SLAUGHTER, NEW YORK
H. ZELIFF, JR., NEW HAMPSHIRE
PAUL E. KANJORSKI, PENNSYLVANIA
MoHUGH, NEW YORK
REN HORN, CALIFORNIA
house of Representatives
GARY A. CONDIT, CALIFORNIA
COLLIN C. PETERBON, MINNESOTA
JOHN L MICA, FLORIDA
KAREN L THURMAN, FLORIDA
PETER BLUTE, MASSACHUSETTS
CAROLYN B. MALONEY. NEW YORK
THOMAS M. DAVIS. VIRGINIA
COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT
THOMAS M. BARRETT, WISCONSIN
DAVID M. McINTOSH, INDIANA
BARBARA-ROSE COLLINS, MICHIGAN
JON D. FOX, PENNSYLVANIA
2157 RAYBURN HOUSE OFFICE BUILDING
ELEANOR HOLMES NORTON, DC
RANDY TATE. WASHINGTON
JAMES P. MORAN, VIRGINIA
DICK CHRYSLER, MICHIGAN
GENE GREEN, TEXAS
GIL GUTKNECHT, MINNEBOTA
WASHINGTON, DC 20515-6143
CARRIE P. MEEK, FLORIDA
MARK E. BOUDER, INDIANA
CHAKA FATTAH, PENNSYLVANIA
WILLIAM J. MARTINI. NEW JERSEY
BILL K. BREWSTER, OKLAHOMA
JOE BCARBOROUGH, FLORIDA
TIM HOLDEN, PENNSYLVANIA
JOHN SHADEGG. ARIZONA
MICHAEL PATRICK FLANAGAN, ILLINOIS
CHARLES F. BASS, NEW HAMPSHIRE
STEVE c. LATOURETTE, OHIO
July 22, 1996
BERNARD SANDERS, VERMONT
MARSHALL "MARK" SANFORD, SOUTH CAROLINA
INDEPENDENT
ROBERT L EHRLICH, JR., MARYLAND
MAJORITY-(202) 225-5074
MINORITY-(202) 225-5061
VIA FACSIMILE: 202-745-2505
William F. Coffield
Sharp & Lankford
1785 Massachusetts Avenue, N.W.
Washington, D.C. 20036
Re:
William H. Kennedy. III
Dear Mr. Coffield:
Under the authority of Article I of the Constitution of the United States and Rules X and
XI of the Rules of the House of Representatives, the Committee on Government Reform and
Oversight has been conducting an investigation into the White House Travel Office matter and
the release by the Federal Bureau of Investigation (FBI) of sensitive background files. Under
Committee Rule 19, the Government Reform and Oversight Committee has been granted the
authority to issue interrogatories.
On June 18, 1996, your client, Mr. William Kennedy, testified before the Committee on
his involvement in the supervision of the White House Office of Personnel Security. At that time
he cited the Privacy Act, 5 U.S.C. 552a (1994), as a testimonial bar, preventing his response to a
pertinent question posed to him by a Member of the Committee. Following requests by
Members of the Committee, I agreed to consult with proper authorities to determine whether a
witness before a congressional committee can avoid answering otherwise legitimate questions
because he is legally precluded by the Privacy Act.
The House Parliamentarian has informed me that his office is not in a position to rule on
the use of a Federal statute as a bar to responding to a legitimate congressional inquiry. I have,
therefore, sought a legal opinion from the American Law Division of the Congressional Research
Service (CRS) which is attached for your review. As you will read, senior CRS attorney Morton
Rosenburg has concluded that for numerous reasons, the Privacy Act does not act as a defense in
these circumstances. I agree with Mr. Rosenburg's analysis and therefore direct that your client
respond under oath to the attached written questions, which will be included in the Committee's
record. Our need for the Committee to recall your client for a sworn deposition will depend upon
JUL-25-1996 10:09
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William F. Coffield
July 22, 1996
Page Two
the degree of candor with which your client responds to these questions.
Please instruct your client to respond to these questions, under oath, and return them to
me no later than 5:00 p.m. on Friday, August 2, 1996. Your cooperation in this matter is
appreciated.
Sincerely,
William Ellings
William F. Clinger, Jr.
Chairman
Attachment
cc: Hon. Cardiss Collins
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QUESTIONS SUBMITTED TO WILLIAM KENNEDY
1.
(a)
Have you reviewed the White House's or the Federal Bureau of Investigation
background investigation file of David Craig Livingstone? If yes, when did you
review this file? Did you ever receive any updates of Mr. Livingstone's
background investigation file? Did you discuss the contents of this file with any
other person?
(b)
Did you ever tell anyone that Mr. Livingstone was "a done deal" -- or any similar
words -- or that you could not change his appointment as the Director of the
White House Office of Personnel Security because it was the First Lady's wishes?
2.
(a)
What concerns or derogatory information, if any, about Mr. Livingstone's FBI
background investigation were brought to your attention by either the Secret
Service or the FBI?
(b)
Were you aware of any derogatory information contained in Mr. Livingstone's
FBI background investigation at the time he was officially hired as Director of
Personnel Security at the White House? If yes, please explain what information
you knew at that time?
3.
Did you or did you not know about Mr. Livingstone's admitted history of drug use? If
you did know, why did you allow him to assume a sensitive position with the White
House or continue to hold that post?
4.
(a)
What communications have you had with any individuals regarding the
background and qualifications of David Craig Livingstone from January 1, 1993,
through the present? Name the individuals involved in any communications, the
approximate time which the communication occurred, and the nature of the
communication.
(b)
In your appearance before the Committee, you stated that following a discussion
with Mr. Foster, you discussed Mr. Livingstone's background with Ms. Varney.
You further stated, "Those issues were resolved on a basis that led to Mr.
Livingstone's retention." What issues were discussed with Mr. Foster and Ms.
Varney? What steps were taken during your discussion with Ms. Varney to reach
the resolution which led to Mr. Livingstone's retention? How and why were
those steps decided upon as opposed to any alternative courses?
5.
Did any individual, at any time, instruct or encourage or otherwise influence you to
employ or continue the employment of David Craig Livingstone at the White House?
6.
Do you have any knowledge of who recommended Mr. Livingstone to be employed at the
White House in February, 1993?
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7.
In testimony before the Committee in an open hearing, agents of the U.S. Secret Service
have testified that they discussed with you their concerns over recent past drug use by
White House staff. One of the solutions was the imposition of random drug testing.
Who, if anyone, on the White House staff, including the President and First Lady and the
scope
Vice President, have you discussed this matter with? Did anyone instruct you to develop
an arrangement with the Secret Service which would allow the issuance of a permanent
pass to White House staff with former drug usage?
8.
(a)
Have you reviewed the Federal Bureau of Investigation background file of
Anthony Marceca? If yes, when did you review this file? Did you ever receive
any updates on Mr. Marceca's background investigation file? If yes, when?
(b)
Have you ever reviewed the background investigation report on Mr. Marceca
completed for his employment with the U.S. Army? If yes, when?
9.
Were you aware of any derogatory information contained in either Mr. Marceca's FBI or
Army background investigation file at any time while he was detailed to the White
House, as well as before or after his detail?
10.
Are you aware that Mr. Marceca was interviewed for a permanent position within the
Clinton Administration? If yes, what positions was Mr. Marceca interviewing for at the
White House and with whom did he have interviews or discussions concerning a
permanent position?
11.
Did any individual, at any time, instruct, encourage or otherwise influence you to employ
or retain the employment of Anthony Marceca at the White House?
12.
Please respond to the question asked by Congressman David McIntosh:
(same
"Mr. Kennedy, did you or did you not know about Mr. Livingstone's alleged
as
history of drug use? And if you did know about it, why did you allow him to assume a
3)
position with the security clearance in the white House in such a sensitive post?"
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CRS
Congressional Research Service
The Library of Congress
Washington, D.C. 20540-7000
July 19, 1996
TO
:
Honorable Bill Clinger, Chairman
House Government Reform and Oversight Committee
Attn: Kevin Sabo
FROM
:
American Law Division
SUBJECT
:
Efficacy of a Witness Claim that the Privacy Act
is a Bar to Responding to Questions Posed by a Committee
if the Answer Would Reflect Personal Matters in an FBI
File
During an investigative hearing held by your Committee on June 26, 1996,
inquiring into the matter of the White House's acquisition of copies of
confidential FBI background checks and security clearances, including those of
former White House officials and employees, a witness, Mr. William Kennedy,
a former associate counsel in the White House Counsel's Office, refused several
times to answer questions put to him by Members which, he claimed, would
reveal matters contained in a FBI background file on David Craig Livingstone,
the former Director of White House Personnel Security, who had been under his
direct supervision. Mr. Kennedy claimed each time that disclosure of such
matters would violate the Privacy Act, 5 U.S.C. 552a(1994), and that he was
barred from testifying in a way that would reveal the protected information.
See unpublished transcript of hearing on "Security of FBI Background Files" at
pages 72, 242, 253 and 331-332, dated June 26, 1996.
At the time of his last assertion of Privacy Act protection, you ruled that
the statute was not a legitimate ground to refuse to answer, advised him that
refusal to respond could subject him to a citation for contempt of Congress, and
directed him to answer, explaining the relevance of the line of inquiry to the
subject matter of the hearing, and the reasons for your ruling. Your ruling was
appealed and a vote of the Committee was called but was suspended in order to
obtain a ruling from the House Parliamentarian. Pertinent excerpts from the
proceeding follow:
Mr. MCINTOSH. Thank you, Mr. Chairman.
Mr. Kennedy, did you or did you not know
about Mr. Livingstone's alleged history of drug
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use? And if you did know about it, why did you
allow him to assume a position with the security
clearance in the White House in such a sensitive
post?
Mr. KENNEDY. Mr. Chairman, I am going to
address you instead of the Congressman. You
know, my reluctance to answer these questions
stems from two areas, one of which is the fact that
I believe the Privacy Act governs this and I am--I
think I am being asked a specific question.
Mr. CLINGER. You are being asked about a
question that Mr. Livingstone has already indicated
that he, in fact, had engaged in recreational use of
drugs. So I think that the-raising the Privacy Act
as a reason for not answering is not appropriate.
Mr. KENNEDY. The second question is, you
are asking me about legal work I performed within
the office of counsel to the President, and I have no
guidance on that.
Mr. CLINGER. Mr. Kennedy, I would remind
you that you are under subpoena before this
committee. You have been presented with a
question which you have indicated that you will
not respond to. I have ruled that the Privacy Act,
I don't think, is a legitimate bar to that.
Mr. WAXMAN. Mr. Chairman--
Mr. CLINGER. I would urge you to answer
the question because you potentially could be in
contempt of this committee.
Mr. WAXMAN. Mr. Chairman, if I might be
recognized on this issue?
It seems to me if you are going to ask a
witness to violate the statute of the Privacy Act, it
ought to done in executive session. It ought not to
be sprung on a witness at this moment, and on
behalf of our side and some of your Members.
Mr. MCINTOSH. Mr. Chairman, let me point
out that this was the fifth time this question has
been asked.
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Mr. WAXMAN. Mr. Chairman, I am making a
point.
Mr. CLINGER. One at a time.
Mr. WAXMAN. I think we ought to have a
further inquiry as to what the proper procedures
and precedent have been in the past when
something of this sensitive a nature is being
brought forth. I think we owe it to everybody
involved.
Mr. CLINGER. I would respectfully say to the
gentleman that it is my opinion that Mr.
Livingstone has, in fact, waived his protection
under the Privacy Act with regard to-the very
limited regard to the fact that he has admitted to
occasional use of drugs, not drug abuse, not a drug
problem but occasional use of drugs.
Mr. WAXMAN. May I ask whether this is
relevant?
Mr. CLINGER. The question now to Mr.
Kennedy was, knowing that, or did he know that,
as he aware of that fact, and if he was aware of
that fact, did it raise a question in his mind as to
whether this was an individual who should, in fact,
have the responsibility of reviewing very sensitive
files? And I would suggest to Mr. Kennedy that
that is a question that you can answer.
Mr. MCINTOSH. Mr. Chairman, I will point
out for the record this is the sixth time now that
you have asked it-that this question has been
asked today.
Mr. KENNEDY. Mr. Chairman, in a nutshell,
Mr. Livingstone went through the normal review
process that basically all people being considered
for a hard pass in the White House had. There
were issues in Mr. Livingstone's background which
were reviewed by me. I discussed them with Mr.
Foster. I was directed by Mr. Foster to go to Ms.
Varney. Those issues were resolved on a basis that
led to Mr. Livingstone's retention.
Mr. CLINGER. But in reviewing that file, you
were aware of the fact that Mr. Livingstone had
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engaged in occasional drug use; is that correct?
Since Mr. Livingstone has already indicated that
that was the case.
Mr. KENNEDY. Mr. Chairman, could I
consult with my counsel for a minute, please.
Mr. WAXMAN. Point of order, Mr. Chairman?
Mr. CLINGER. The gentleman will state it.
Mr. WAXMAN. I would like to inquire of the
Chair his understanding of the rules and this
particular privacy statute, whether he can require
witnesses to disclose to us anything that is in
anybody else's file that he has seen? Because as I
understand the Chairman's ruling, we would then
be permitted on our time to ask him about anybody
else's file, to disclose anybody's information about
them that is private.
Mr. CLINGER. No, that is not correct. I will
tell the gentleman that in this instance the ruling
was based on the fact that Mr. Livingstone has
testified in this hearing to occasional drug use, and
that, in my mind, would not open up Pandora's
box.
Mr. WAXMAN. Point of order, Mr. Chairman.
Would this witness, in answering your
question, violate the privacy statute law? And are
you insisting that he violate a law in order to give
you some irrelevant but of information? Is that
where we are, Mr. Chairman?
Mr. CLINGER. Where we are is that I have
indicated that because of Mr. Livingstone's
admission, I guess, that there was, in fact, some
drug use, that that therefore would represent a
waiver of rights under the Privacy Act with regard
to that very, very specific question.
Mr. WAXMAN. Mr. --
Mr. CLINGER. Now, if Mr. Kennedy does not
choose to answer that question, we will take under
advisement whether or not that constitutes
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contempt and at the next hearing on this matter
we will consider that.
You know, I am not-I don't mean to pose any
threats here but I do say that I think I have
indicated that my ruling, subject to being reversed
at some stage of the game, but my ruling is that
the witness must answer the question.
Mr. WAXMAN. Mr. Chairman, I will seek to
appeal your ruling to the Parliamentarian because
I cannot believe--
Mr. CLINGER. You have every right to do
that.
Mr. WAXMAN. I do not believe that you can
insist that a witness violate the law and give us
confidential information.
* *
Mr. CLINGER. I am going to ask the clerk to
suspend the reading of the roll.
In view of the contentiousness of this issue
and the concerns that have been raised on the
Minority side, I have agreed to refer this matter to
the Parliamentarian and at that point we will get
a ruling from the Parliamentarian as to the
appropriateness of the question. But I can assure
you because of this and other matters that have
arisen, we will be visiting with this panel again, at
which time it will be anticipated that that will be
a question that will be in order at that time, unless
the Parliamentarian rules against us. So given
that understanding, we would now move to--
Mr. MICA. Mr. Chairman, I have a unanimous
consent request.
Mr. CLINGER. The gentleman will state it.
Mr. MICA. -to admit these documents, if
there is no problem--
Mr. CLINGER. I believe these documents
have been shown to the Minority.
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Mr. WAXMAN. I am sorry. I am going to
object because we haven't had a chance to check it
out. You can put it in the next hearing or the one
after that or the one after that because this is
certainly something that is worthy of at least 10 or
12 more hearings.
Mr. CLINGER. I thank the gentleman for his
gentle sarcasm.
* *
Mr. EHRLICH. Parliamentary inquiry. Just
for the record, would the Chair state the precise
issue and frame the issue that the Parliamentarian
will rule on?
Mr. CLINGER. Yes, I would be delighted to
do that.
The question was asked of Mr. Kennedy
whether he knew of any drug use on behalf of Mr.
Livingstone, and if he did know that, did it enter
into his decision as to whether or not to hire Mr.
Livingstone for this sensitive position. The issue
is, would it violate Mr. Livingstone's rights to
privacy under the Privacy Act if, in fact, Mr.
Kennedy were to answer that question.
My ruling was that it would not so violate his
privilege under the Privacy Act because Mr.
Livingstone himself had indicated that, and Mr.
Livingstone's deposition has been made a part of
the record.
That being the case, I felt that Mr. Kennedy
would be required, being under subpoena, to
respond to the question propounded to him by you,
or by whoever, and that appealing--Mr. Waxman
then appealed the ruling of the Chair. I have
agreed that we will not submit that to a vote at
this hearing; that we will confer with the
Parliamentarian as to his ruling and we will revisit
this issue at the next hearing.
Transcript at pp. 331-335, 336, 340-342.
Prior to the hearing, on June 14, 1996, Mr. Livingstone was deposed and
testified to the fact that he had discussed with Mr. Kennedy various matters
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contained in his FBI background report, which Mr. Kennedy had at that time.
These included Mr. Livingstone's prior drug use and problems he had in
previous employments.
Q Do you know - in March of 1993, did you
receive a permanent pass?
A No, I don't believe I got my permanent pass
until October of 1993, or thereabouts.
Q So in March of 1993 you only had a
temporary pass?
A Yes, ma'am.
Q Do you know who participated in your
vetting?
A. Mr. Kennedy, Bill Kennedy.
Q Do you recall if Mr. Kennedy had any
problems with any matters in your background?
A Yes, he did discuss some issues with me.
Q Could you describe what those were?
A My drug use, and he basically gave me what
he called a "Come to Jesus" opportunity to talk to
him about any issues in my life that he should be
aware of. And I related to him some situations in
my life that I considered less than favorable and I
wanted him to be aware of them.
Q
Could you describe what those were?
A Yes. When I was in college I worked at the
Sears store. I think this is in 1981 or '92. I
worked as a sales clerk and I was brought in by the
supervisor to discuss, as I recall it, an improper
exchange of an item which I had purchased. I
believe the issue was I was supposed to go to the
supervisor since I had purchased it myself, and the
discussion was they didn't think that was I had
followed proper procedures, and I was let go.
Q Any other matters?
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A I also told them I was at another job where
I was contract employee where I was asked about
my education. The woman I had worked for had
thought I had gone to a particular school, and
because I was engaged in conversation with her
daughter and someone who worked at the
company, she questioned me about it and checked
my file and discovered I had not gone to that
school.
I did not tell her I went to the school to get
employment there, nor did I put that on an
application with her, but she thought the fact I
would bring it up in a conversation like that was
incredible, and did not renew my contract. When
I discussed that issue with her prior to my
employment at the White House, she asked me if I
learned my lesson and if I had misrepresented my
education to anyone else since then, and I said, no.
And she said she considered the matter resolved.
And from what I understand from Mr.
Kennedy, he said that they had mentioned it in the
FBI, but or someone had mentioned it in the
FBI, considered I did good work and said it was an
anomaly. And I wanted to be as forthright as I
could with Mr. Kennedy about it, so I did talk to
him about it before he hired me.
Q You had mentioned your drug use to Mr.
Kennedy, or he had talked to you before about it?
I am sorry, which was it?
A During the course of my FBI interview,
the FBI investigator asked me about drug use and
asked me if I had used drugs within the last 5
years, if I remember the question right. And I had
said, no. And he said, you understand that the
White House wants to know if you had ever used
drugs? So I said the answer to that would be that
I had used different types of drugs up until about
1985, as I recall answering the question.
The transcript of the deposition was made available to Members of the
Committee and their staff prior to the June 26 hearing and was made put of the
hearing record at the opening of the hearing. Transcript at pp. 12, 341, 342.
Mr. Kennedy was also deposed prior to the hearing (on June 18, 1996), and
while indicating that he had had discussions with Livingstone about concerns
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he had about Livingstone's background, he was not pressed to discuss his
conversations with Livingstone after his attorney raised a Privacy Act objection.
Mr. Kennedy's deposition was also made put of the record at the beginning of
the hearing. Transcript at p. 12.
Discussion
It is undisputed that your Committee has jurisdiction and authority under
House Rules X and XI, over that matter under inquiry and that Mr. Kennedy
was made aware of the pertinence and relevance of the question asked. Having
been subpoenaed, Mr. Kennedy was properly before the Committee. He has not
invoked any recognized constitutionally based testimonial privilege. Under these
circumstances we believe it is likely that a reviewing court would hold that the
Privacy Act is not a valid legal basis for refusing to answer the questions put to
him by the Committee on the basis of one or more of the following rationale:
(1) The Privacy Act specifically exempts Congress and its committees from its
non-disclosure requirements. (2) The White House Counsel's Office is not
subject to the non-disclosure requirements of the Privacy Act. (3) Since Mr.
Livingstone's deposition testimony, which informed the Committee about the
contents of his FBI background file, was before the Committee before Mr.
Kennedy was asked to testify, Mr. Kennedy's testimony would not likely be
deemed a prohibited disclosure under the Act. (4) Without regard to any
consideration of consent or waiver, law enforcement officials would be
authorized to disclose matters in Livingstone's background file for purposes of
civil or criminal law enforcement. (5) The Privacy Act has not been recognized
as an effective testimonial privilege before a congressional committee.
More particularly, the Privacy Act provides that "no agency shall disclose
any record which is contained in a system of records by any means of
communication to any person, or to another agency, except pursuant to a
written request by, or with the prior written consent of, the individual to whom
the record pertains, unless disclosure of the record would" fall under one of
twelve exceptions to the general ban. 5 U.S.C. 552a(b). One of those exceptions
permits disclosure "to either House of Congress, or to the extent of matter
within its jurisdiction, any committee or subcommittee thereof, any joint
committee of the Congress or subcommittee of any such joint committee". 5
U.S.C. 552a(b)(9). Thus it would not appear that anything in the Act itself
would provide a basis for a witness to refuse to testify before a congressional
committee.
Moreover, it would appear that the Privacy Act does not even cover the
White House Counsel's Office. The Act applies to "agencies" and adopts the
definition of "agency" utilized in the Freedom of Information Act (FOIA), 5
U.S.C. 552a(a)(1). FOIA, by its terms, specifically applies to the Executive Office
of the President, 5 U.S.C. 552(f), but the legislative history of that 1974
amendment makes it clear that "agency" is not meant to encompass "the
President's immediate personal staff or units in the Executive Office whose sole
function is to advise and assist the President". H.R. Rept. No. 1380, 93d Cong.,
2d Sess. 15 (1974). See also S.Rept. No. 1200, 93d Cong., 2d Sess. 15 (1974); and
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Soucie U. David, 448 F.2d 1067 (D.C. Cir. 1971) (which announced the "sole
function" test adopted in the legislative history of the 1974 amendment).
Indeed, it has been specifically held that the Office of White House Counsel is
not an "agency" for FOIA purposes. National Security Archive U. Archivist of the
United States, 909 F.2d 541 (D.C. Cir. 1990). It seems likely that the Office
would similarly not be deemed an "agency" for purposes of the Privacy Act. As
a consequence, Kennedy's refusal to respond based on the Act appears still more
tenuous.
Further, to the extent that Mr. Livingstone's statements in his deposition
recounting his conversation with Kennedy about his background informed the
Committee as to the content of his FBI file, those statements may have made it
possible for a disclosure to be made to the Committee even without regard to the
general prohibition on disclosures by an agency of covered records. The courts
have generally held that the release of an otherwise protected record to an
individual who is already familiar with its contents is not a prohibited
disclosure: "[A] communication is not a 'disclosure' subject to the act, unless it
imparts information to someone who does not already know it". Reyes V. Drug
Enforcement Administration, 834 F.2d 1092, 1096 (1st Cir. 1987). See also
Quinn V. Stone, 978 F.2d 126, 134 (3d Cir. 1992); Kline V. Department of Health
and Human Services, 927 F.2d 522, 524, (10th Cir. 1991); Hollis V. U.S.
Department of the Army, 856 F.2d 1541, 1545 (D.C. Cir. 19880; Pellerin U.
Veterans Administration, 790 F.2d 1553, 1556 (11th Cir. 1986); FDIC V. Rye, 642
F.2d 833, 835 (5 Cir. Unit B 1981); and see Pilon V. Department of Justice, 73
F.3d 1111, 1127 n.10 (D.C. Cir. 1996)(noting "that the Privacy Act approves
those disclosures that are 'required' under the Freedom of Information Act
(FOIA), sec. 5 U.S.C. 552 a(b)(2), and that under various FOIA exemptions, prior
publication is a factor to be considered in determining whether a document is
properly to be released".). In the instant situation, Livingstone's deposition
testimony appears to have fully informed the Committee about matter in his
FBI file of interest to the Committee which he had discussed with Kennedy, SO
Kennedy arguably would not be revealing anything the Committee did not know.
In fact, the question put to Kennedy was why he did not act in certain way upon
learning of Livingstone's prior drug use and employment record, not what was
in the file. Livingstone's deposition testimony indicates that he volunteered his
personal background information to Kennedy, recounting what he had told the
FBI interviewer. He had not seen his background report. Thus the question
posed to Kennedy could have been answered without regard to what was in the
FBI report but solely with reference to what Livingstone revealed to him in
conversation.
Additionally, it may be observed that Mr. Livingstone's file might be
disclosed, without his consent, for purposes of civil or criminal law enforcement.
5 U.S.C. 552 a(b)(7). Thus there should be no apparent concern that the
Committee's disclosure would affect the viability of Livingstone's rights under
the Act in any possible subsequent civil or criminal proceeding.
Finally, the Privacy Act is not an effective testimonial privilege before a
congressional committee in any event. Like assertions of attorney-client and
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work product privilege, a claim that the Privacy Act provides a testimonial bar,
even assuming the absence of a congressional exemption, would denigrate the
constitutionally based investigatory authority of the legislative branch. As with
common law privileges which are designed for, and properly confined to,
resolution of conflicting claims of individual obligation in a civil or criminal
proceeding, a "privacy" privilege is less compelling in an investigative setting
where a legislative committee is not empowered to adjudicate the liberty or
property interests of a witness. This is the import of those cases which have
recognized that "only infrequently have witnesses [in congressional hearings]
been afforded procedural rights normally associated with an adjudicative
proceeding." Hannah V. Larche, 363 U.S. 420, 425 (1960) (denying constitutional
right to cross-examine witnesses called before the Civil Rights Commission);
United States V. Fort, 443 F.2d 670 (D.C. Cir. 1970), cert. denied, 403 U.S. 932
(1991) (rejecting contention that the constitutional right to cross-examine
witnesses applied a congressional investigation). Your Committee has recently
reiterated the established practice in both Houses that the acceptance of
common law testimonial privileges rests in the sound discretion of a
congressional committee. "Proceedings against John M. Quinn, David Watkins,
and Matthew Moore (Pursuant to title 2, United States Code, Section 192 and
194)", H. Rept. 104-598, 104th Cong., 2d Sess. 43-54 (1996). Mr. Kennedy
should also be aware that a claim of attorney-client privilege by him was rejected
by the Senate Banking Committee in December 1995 on the basis of the same
rationale. See "Refusal of William H. Kennedy, III, To Produce Notes
Subpoenaed By The Special Committee to Investigate Whitewater Development
Corporation and Related Matters," Sen. Rept. No. 104-191, 104th Cong., 1st
Sess. 9-19 (1995).
In sum, then, it is concluded that Mr. Kennedy's refusal to answer the
questions posed by your Committee is not likely to sustained by a court under
the Privacy Act.
Morton Rosenberg
Specialist in American
Public Law
TOTAL P. 16