(TAPE 1) Adult cottontail rabbit stands erect to eat seed heads Half grown cottontail rabbit stands erect to eat seed heads
(TAPE 1, continued on tape 2) Eastern chipmunk gathering bedding and taking it to the den
(11:00:28) Mr. DEVORE. Well, I was there, of course, and I deal in press matters. Mark Geron was there. He was the Communications Director for the White House. I was somewhat surprised to see Bruce Lindsay, but I learned that, in fact, Mr. Lindsay handled press inquiries that involved matters that had occurred in Arkansas. It's not unusual, if you're going to have a press meeting, to have others sit in for several reasons. Nonpress people can sometimes offer good advice to press people. Senator MACK. Were you surprised that the RTC press person was not there? Mr. DEVORE. No. Senator MACK. Why not? 346 Mr. DEVORE. My recollection, from my perspective, is that the primary information the reporter who had talked to me was interested in, involved endorsements on the checks that had been contributed to this fundraiser back in the mid-1980's. I didn't know the RTC would know anything about that, whereas the White House might. Senator MACK. Why did you not think that the RTC would have knowledge about those checks? (11:01:50)(Tape #10065 ends) Mr. DEVORE. Well, since the funds had been contributed to Governor Clinton and most candidates are careful to keep records of who made the contributions, I just assumed they would be more likely to have it. Senator MACK. Who were the checks from that were in question? Mr. DEVoRE. I don't know. Senator MACK. Was McDougal one of them? Mr. DEVORE. I don't know. Senator MACK. You formerly testified that the earliest you ever remember even receiving a press inquiry was October 11, 1993. Is that correct? Mr. DEVORE. That's correct, with one qualification. The earliest I recall receiving a press inquiry which let me know that the RTC was actively continuing to investigate the Madison Guaranty situation, that came as a surprise to me. Senator MACK. When was that, did you say? Mr. DEVORE. October 11th. Senator MACK. Ms. Hanson testified yesterday that Mr. Altman called you both down to his own office for a meeting on October 11 or 12, 1993. Do you recall that meeting? Mr. DEVORE. I do not. Senator MACK. She testified that during that meeting, that Mr. Altman was engaged in a discussion about how to respond to the press inquiry from Mr. Gurth. Does that refresh your recollection? Mr. DEVORE . No, sir, it does not. I don't recall that meeting Senator MACK. You don't recall that meeting at all? Mr. DEVORE. Not at all. The CHAIRMAN. Thank you, Senator Mack. Senator Kerry. OPENING COMMENTS OF SENATOR JOHN F. ]KERRY Senator KERRY. Thank you, Mr. Chairman. Welcome. Mr. Steiner, I know this is the last place in the world that you ever imagined yourself being under the circumstances. I know it's hi ghly uncomfortable. I know of you, as others do, as a person of enormous ability extremely talented, moral, idealistic, and I think that all of that lea out of your diary. As a matter of fact, I think your character, which I don't question, I think you show the evidence of your ch aracter in your own diary in a number of different places. Your judgment is good, you see things coming. You perceive the dangers, you showed the acumen that, think, was present in your being appointed to the position that you're in. And, indeed, you had the good common sense' when George Stephanopoulos was angry and firing off steam, as anybody would have been angry, inciden- 347 tally, I think being honest about the circumstances, and your reaction was you persuaded George that doing anything would have been stupid and improper in terms of Stephens, and be cooled down. But that was good judgment. In addition, you drew lessons. You said the lesson of all of this is do what you think is the right thing early; recuse. You said remember everything might eventually be asked about under oath. Don't let the White House get involved in any way. These are good instincts.
(11:20:14) Senator FAIRCLOTH. But they wanted to replace Kulka with Fiske? Mr. FOREMAN. Senator, I don't know that. I remember Ms. Hanson making a comment about looking at the scope of Mr. Fiske's responsibilities from the Justice Department, and someone making a comment that it included civil claims. That's all I remember about that. I have no idea what the White House wanted. The CHAIRMAN. Let me just say, the time has expired. If you've got one follow-up, we're about to go and vote; then we're going to recess. If you can ask it quickly, we'll do it, and then recess. Senator FAIRCLOTH. Did you talk with Robert Fiske before he made a decision not to prosecute anybody in this matter? 352 Mr. FOREMAN. No, sir. Senator FAIRCLOTH. Thank you. The CHAIRMAN. The Committee is going to recess briefly. We've got three votes in a row. The last two votes have shortened time periods. Once the voting has finished on the Senate floor, well come back and we'll stay here until approximately 1:15 P.m. That will give everybody guidance as to the length of this recess. Well be back here, I would think, within about 30 minutes. Senator DOMENICI. Mr. Chairman, do you not have a Democratic Caucus at lunch today? The CHAIRMAN. I announced earlier, Senator Domenici, we're going to take a formal recess for the two caucuses from 1:15 p.m. to 2:15 p.m. The Committee stands in recess for the voting period. (11:21:45) [Recess.] (11:21:47) Hearing coverage hosts DON BODE and NINA TOTENBERG discuss day's hearing, and talk to AMY BARRET of Business Week, Senator ORRIN HATCH and Minority Counsel MICHAEL CHERTOFF (?)
Tape 2 00:31:48 Arctic tern hovers, dives and catches a fish
00:35:18 Arctic tern hovers, dives and catches a fish
TAPE 1 Adult and young long tailed jaegers eat arctic ground squirrel Young long tailed jaegers beg for food from adult 2 adult long tailed jaegers eat an arctic ground squirrel 2 adult long tailed jaegers eat an arctic ground squirrel up close
00:39:25 2 adult long tailed jaeger eat an arctic ground squirrel 00:42:09 Immature long tailed jaeger eats an arctic ground squirrel 00:46:24 Immature long tailed jaeger is fed by adult, both eat a.g. Squirrel
TAPE 1 Lesser scaup ducks preen and then sleep Mallard ducks feeding in a hole in the ice
TAPE 1 Trumpeter swans bathing, flapping wings and swimming 2 trumpeter swans preening on land
TAPE 1 Blue goose
TAPE 1 White pelican asleep on a rock Canada geese feeding in a river White pelican on a rock
TAPE 1 Trumpeter swans swim, bathe and preen
TAPE 1 Trumpeter swans swim, bathe and preen
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TAPE 1 Female common merganser swims and preens
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TAPE 1 White pelican preens and swims White pelican takes off from water Mallard ducks flying White pelican fishing, swimming and taking off
TAPE 1 Mallard duck and young feeding
TAPE 1 Canada geese and young, almost grown
(11:05:15) Indeed, you didn't draw the wrong lessons. You also, later on, said, "such an incredible city that's been battling with RTC/Madison, wrote 2 pages about what's been going on, suddenly realized, I could be subpoenaed like Packwood's, and the most innocuous comments could be taken out of context." So on that subject, nothing, and you didn't destroy your diary. You left your diary. We have it. I think there is, in all of this, a very refreshing kind of truthfulness, almost innocent observation of the goings on of Washington. It, therefore, troubles me, a little bit, that you now want to dis- tance yourself to a certain degree or try to cast some nuances on it, though I'm not sure that's where you're going. I want to try to explore it a bit. There are five separate references in your two extractions to the subject of recusal. First, you say should RA recuse himself or should he stay involved. You discuss the hurdle and that's between January 24 and February 12. Then later on, between February 13 and 27, so we're spanning the period of about a month here. You then say, for weeks, we have been battling over bow RA should handle the investigation. Initially, we all felt he should recuse himself. Then you have the White House saying it was unacceptable. Then you say, at the hearing, the recusal amazingly did not come up, with a sense of relief that this great topic of recusal didn't come up. Then you say, the next day The New York Times ran a front page story. The heat was on. We spent a tortured day, which has been referred to by Senator Shelby, trying to decide if he should recuse himself Again, recusal is front and center. All of a sudden, despite all of this torture, despite all of these weeks- of discussions, despite all of the pressure, Hal Raines seems to be able le to elicit from Roger Altman what no one else could, which was a quick recusal on the telephone. Again the recusal is sort of front and center. Now, if you go into your preparation of all of the questions with Mr. Altman appearing before this Committee, why are you unwilling to recuse yourself? And he answers the question, or the suggestion was, well, I will not- what is it, play any role in the RTC's eventual decision, I will not be doing so. I will, therefore, have no role in the RTC's decisions on the matter. Next, you should still recuse yourself, why don't you? As I said, I'll have no role in the RTC's decisions on pursuing the claim. 348 These are all, these are not the actual answers; these are suggestions. But most of all Senator, the circumstances are such that I'll not be playing any role. Again, doesn't your relationship with the President and Mrs. Clinton require recusal? Answer, again being proposed, I'll not be playing any role- there., fore, there won't be any appearance of conflict. I am absolutely struggling to understand why it merited being' such a tortured process. Why there was such weeks and weeks of discussion. Why you spent days on this issue, if he isn't going to have any role, if he isn't going to make any decision, if he isn't going to be involved. Then why did it -matter whether he stayed or not? You've said here there were only two reasons for his staying, the precedent and to guarantee impartiality. How do you guarantee impartiality if you're not going to play any role? Mr. STEINER. The second point that you make, how do you guarantee impartiality if you're not going to be involved. I think Mr. Altman had said repeatedly, both to RTC and Treasury staff, that he wanted this case handled in a completely impartial, nonpolitical fashion. That's how you guarantee impartiality. Senator KERRY. I'm not sure if you're not involved and you're not playing any role, you can't know what's going on. TO guarantee impartiality, you have to make a decision. You have to say, no, you can't do that. Don't pursue this or don't pursue that. If you're genuinely leaving the investigation up to Kulka, what on earth was there to remain involved for?
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Mexico today