Nussbaum, Bernard

A14 THURSDAY, AUGUST 10, 1995 R THE WASHINGTON POST Nussbaum Defends His Handling of Search of Foster's Office morning after Foster's death, trying limit law enforcement access to Fos- finds the difference in the accounts By Sharon LaFraniere and Susan Schmidt to figure out why her husband killed ter's papers and to another aide's "very troubling." himself. The note meant "now Lisa decision to transfer the first family's Both Nussbaum and Thomases Washington Post Staff Writers could have some of the answers," personal financial files to the Clin- agree Thomases did not invoke Hil- Former White House counsel Ber- Nussbaum said. tons' personal quarters. The Repub- lary Clinton's name. Hillary Clinton nard Nussbaum tried yesterday to Nussbaum is the last scheduled licans have intimated that the Clin- "doesn't need a messenger," Nuss- reverse the perception of him as witness and the only obvious target tons were worried about the baum said. heavy-handed and inept in his han- of the committee's month-long inqui- discovery of some secret in Foster's Nonetheless, Nussbaum has said, dling of a search of Vincent W. Fos- ry into how the White House han- files, possibly involving their White- he assumed that the first lady, as a ter Jr.'s office, saying, "On the big dled documents in Foster's office water real estate transactions. good lawyer, would have concerns, calls, I was right." and a law enforcement investigation But the committee has not defini- and he might have told a subordinate. Nussbaum, who resigned last year of his death. tively established that Hillary Clin- that Thomases voiced them amid another Whitewater-related Witnesses described Nussbaum ton was even interested in what Fos- Nussbaum's testimony is also at controversy, said he bent over back- slamming doors, interrogating sec- ter's office held. Even Heymann, the odds with that of Williams. He testi- ward to accommodate law enforce- retaries and infuriating Justice De- most damaging witness, has said fied that he told Williams to check ment officials who wanted to search partment officials and U.S. Park Po- that Nussbaum may have managed with the Clintons about where to put his deputy's office after Foster's lice officers who were trying to "to throw substantial suspicion over a Whitewater file and other personal body was found in a park on July 20, determine if Foster committed sui- no wrongdoing." financial documents that were in 1993. But Nussbaum said he had to cide. Former deputy attorney gener- Republicans are clearly frustrated Foster's office. restrict them somewhat in order to al Philip B. Heymann testified that by the contradictions in testimony by But Williams testified that Nuss- BY RAY THE WASHINGTON POST protect confidential documents in Nussbaum undermined the credibil- White House aides and advisers, and Former White House counsel Bernard Nussbaum tells Senate panel of his baum told her to give the files to the Foster's files. ity of the law enforcement inquiry by even some Democrats seem puzzled handling of search of Vincent Foster's office: "On the big calls, I was right." Clintons' private attorneys at Wil- His only mistake, Nussbaum told reneging on an agreement on how by why the accounts of certain liam & Connolly. She said she only the special Senate Whitewater com- the search of Foster's office would events don't match up. ment's position and that of other Although he said he knew Hey- stored the records in a closet in the mittee, was that he failed to notice be conducted. Nussbaum did not help them yes- White House officials. He described mann disagreed with him on the Clintons' personal quarters because In presenting his version of events, terday. His recollection of several Foster's documents to Justice De- she was tired. yellow scraps of paper in the bottom of Foster's briefcase when he looked key conversations differed from that search procedures, Nussbaum said Nussbaum was in turn sarcastic, partmènt attorneys but did not allow "Every step of what she said she of other witnesses, including Susan he does not recall Heymann telling inside it two days after Foster's charming, self-demeaning and self- them to review them until he deter- did differs from your recollection," death. Not until the following week Thomases, a close friend of the Clin- him that he was making "a terrible aggrandizing. Known as an aggres- mined whether they were protected. Sen. John F. Kerry (D-Mass.) told tons, and Margaret Williams, the mistake" or asking him whether he Nussbaum. were the scraps discovered, pieced sive litigator, he did not hesitate to first lady's chief of staff. Eventually, he said, investigators saw was "hiding something," as Heymann interrupt the senators to drive home Two other White House aides together into a note and turned over his points. The senators mostly let Nussbaum left the White House every document that interested testified last week. to law enforcement officials as evi- have suggested that Williams put the dence that Foster committed suicide. and returned to a private law firm in them him have his say, knowing they have Nussbaum's testimony also dif- files in the first family's quarters be- March 1994 after he was criticized Among White House staff who "There is nobody in the world, a chance to render judgment when he fered from that of Thomases, a pri- cause Hillary Clinton wanted them for attending a briefing about a crim- considered the issue, "I was the one Senator, who wanted to discover a resumes his testimony today. vate New York attorney who func- there, possibly to review them. The inal referral that touched on the who had the greatest political savvy White House, at the committee's re- note more than me," said Nussbaum, Republicans on the committee tions as an informal White House a New York attorney. He said Fos- clearly hope to link Hillary Rodham First Family's Whitewater real es- and public relations sense," Nuss- adviser. In a phone conversation two quest, is providing more phone re- tate investment. baum said. "I made the right judg- ter's wife had called him early on the Clinton to Nussbaum's decision to days after Foster's death, Nussbaum cords in an attempt to resolve some It is only because of misimpres- ments A number of senators have noted said, Thomases raised the issue of of the discrepancies in testimony. sions about Whitewater, he said yes- terday, that the Senate hearing is that Patsy Thomasson, a White the search, saying "people were con- Staff researcher Benjamin S. underway. "Whitewater had abso- House aide who lacked any security cerned" about how much access law Abramson contributed to this report. lutely nothing to do with how docu- clearance, had more access to Fos- enforcement officials would be given. FINAL ments were handled in the White ter's office than Nussbaum gave the Thomases testified Tuesday that FOR MORE INFORMATION House following Vince Foster's Justice Department attorneys, who Nussbaum brought up the topic of To read a recent in-depth Post death," he insisted. had high-level clearances. But Nuss- the search, not her, and she only lis- profile of Bernard Nussbaum, see In deciding on search procedures, baum said Thomasson did not re- tened, expressing no concerns. Digital Ink, The Post's on-line Nussbaum said he "chose a middle view files, she only quickly surveyed Sen. Alfonse M. D'Amato (R- service. To learn about Digital Ink, ground" between the Justice Depart- the office for a suicide note. N.Y.), who chairs the panel, said he call 1-800-510-5104, ext. 9000.