(11:25:28) Mr. GEARAN. That is my handwriting, Senator. It would be my practice to try to date and time things as best I could. Senator SHELBY. Were these notes relative to a conversation that you had with Mr. Heymann, who was the Deputy Attorney General of the United States, and also David Gergen was in the conference call? Mr. GEARAN. That's correct. Senator SHELBY. The three of you at this time? Mr. GEARAN. That's correct, Senator. Senator SHELBY, That was apparently in the morning on July 29, 1993. Senator BOXER. Mr. Chairman, could I have a copy of that? I cannot read this off the screen. Senator SHELBY. I'm sure we'll give you a copy of it. Senator BOXER. I would greatly appreciate it because I can't follow. Senator SHELBY. Mr. Gearan, what position did you hold at the White House on July 29, 1993? Mr. GEARAN. Assistant to the President and Director of Communications. Senator SHELBY. Is that your position today? Mr. GEARAN. It is, sir. Senator SHELBY. What is your job, your responsibilities as Dire ctor of Communications at the Whit House? Mr. GEARAN. To explain and communicate the President's agenda, to answer questions from members of the press and to try to provide information to the public through members of the press corps. Senator SHELBY. These notes that I would ask you about as we go down them referring to--it says "Philip Heymann phone call"; is that correct? Mr. GEARAN. That's correct, Senator. (11:27:08)(tape #10121 ends) Senator SHELBY. It says "Janet and Phil recommended the following things." In other words, you're talking about Janet Reno, the Attorney General of the United States, and the Deputy Attorney General, Phil Heymann, regarding the note; is that correct? Mr. GEARAN. That's correct. Senator SHELBY. In the context. What did they recommend, according to your note, if you'll translate the note? 269 Mr. GEARAN. Senator, this was in the period when the writings were found in Mr. Foster's briefcase, and the question for the White House Senator SHELBY. Excuse me a minute, if you would, please. The note had not, at this point in time, been released to the press, had it? Mr. GEARAN. Senator, the note was found on the 26th, I believe. Senator SHELBY. The 26th, OK. Mr. GEARAN. Of July. Senator SHELBY, When was it released to the press? Mr. GEARAN. On the 28th it was confirmed, to my understanding. It was confirmed Senator SHELBY. Two days later? Mr. GEARAN. -the existence of it was confirmed Senator SHELBY. This is subsequent to the release; is that right? Mr. GEARAN. That's correct, sir- It was released to the contents of the noted. I think at that point in time it was already affirmed that a note was found. Senator SHELBY. It was in the public domain by now? Mr. GEARAN. The contents were not, sir. Senator SHELBY. The contents were not? Mr. GEARAN. Correct. Senator SHELBY. Just the fact that a note had been found was released, but not the contents in the note? Mr. GEARAN. That's correct, Senator. senator SHELBY. So let's go back. You made these notes regarding the conversation that you were having with Phil Heymann, the Deputy Attorney General. Joined with you was David Gergen, who was Counselor to the President? Mr. GEARAN. Yes, Senator, Senator SHELBY. Help me along here. These were notes, It says that Janet Reno and Phil Heymann recommended that you-meaning the White House-leave the release to the investigators, the Park Police and the FBI regarding the contents of the note; is that correct? Mr. GEARAN. That's correct, sir. The question that day, if I may, for the White House was to seek the guidance from the Deputy Attorney General as to what was the appropriate course we should follow for the circumstances of releasing the contents of the note. Should we do it, should the investigators do it, and the purpose of this call Senator SHELBY. How would it be handled, in other words? Mr. GEARAN. I'm sorry. Senator SHELBY. How it would be handled? Mr. GEARAN. That's correct. Senator SHELBY. When you say in the next note, "they will look at circumstances surrounding finding of the note," is that the Department of Justice will look or the people of the press? Mr. GEARAN. It's unclear from my note, Senator. 1 guess I would read this as the Park Police and the FBI field office, Senator SHELBY. The investigators will look at circumstances surrounding the finding of the note? Mr. GEARAN. That was his guidance to the White House. 270 Senator SHELBY. When you said next, "can't promise when to re lease," is that the Department of Justice or how would you inter pret it? Mr. GEARAN. It could be the Park Police or the themselves. Senator SHELBY. "Can't promise when to release"? Mr. GEARAN. When the contents of the notes would be released Senator SHELBY. They had the note, did they not? Did they have the note, the investigators? Mr. GEARAN. That's correct. Senator SHELBY. So it was in their control? Mr. GEARAN, Correct. Senator SHELBY. They would make the release. The next thing I see here says "send all questions to them or to the Department of Justice." This was Heymann saying this to you; is that right? Mr. GEARAN. That's correct, sir. Senator SHELBY. He also says "I think chances are Park Police will release in some time. If wrongdoing in finding note, it will take longer." What do you mean by that? What did he mean by that?