July 25, 1995 - Part 4
July 25, 1995 - Part 4
(15:00:37) Senator SARBANES. I wasn't suggesting that it was in some way inappropriate not to ask further questions about it. I just wanted to be clear that it was the same set of notes. The CHAIRMAN. Yes, it is. Mr. GEARAN. Senator, this is a conversation that I had with. David Gergen to Phil Heymann relative to seeking guidance from him on what the White House should say that day or in the days that followed about the contents of the note that was found in Mr. 301 Foster's briefcase. We sought their guidance about what we should say to the press. In the instance that you refer to, on page 4, my reading of these notes is that, Mr. Heymann was saying that the documents, meaning the note itself, had been distributed over my objections. At the top of that Senator MURKOWSKI. The documents vis-a-vis the note itself? Mr. GEARAN. Senator, elsewhere in my notes here it's referred to in the plural. I suspect because the note, as you know, at that point was many different pieces, as you can see on page 3 under Mr. Heymann's conversation at the bottom, it says "it's better if you avoid any statements other than you turned them over." "Them" being, of course, the many pieces of paper that the note was torn into. Senator MURKOWSKI. The 27 pieces of paper, is that what you are referring to? Mr. GEARAN. If that's the-yes, sir. Senator MURKOWSKI. Well Mr. GEARAN. So to answer your question, if I may, this last statement on page 4, "documents have been distributed over my objection," I think can be read following up on the comment he made at the beginning of page 4, "1 learned that FBI field office was informed of the document." The recollection that I have of that conversation was that there was a fairly high level of concern that this note would be released, the contents of it, because of the wide dissemination of this, at least the contents of the note. I think that's what he's referring to at the top of page 4. He again references it at the end of our conversation. Senator MURKOWSKI. Mr. Chairman, if I may just refer to page 2 again and draw a parallel to the conclusion of page 4. "1 had heated discussions on the way docs," d-o-c; "were handled," that was on page 2, "Bernie," which would differentiate between how, for example, a note were handled. I also would refer to the conclusion of page 4 where again "docs," the implication being documents as opposed to a note, but I just wanted to point that out for the record relative to the fact that we have your opinion relative to the identification of the documents being limited to the pieces of paper in the note, the suicide note; is that correct? Mr. GEARAN. Mr. Chairman, if I might The CHAIRMAN. Let me at this point say-and I'm going to give you an opportunity to respond, and I'm going to accept your recollection at this time, but I think it's pretty difficult to square it up when you refer to the note in particular. I think that's what Senator Murkowski is pointing to on page 2 as opposed to documents, and I think Senator Shelby touched on that earlier. I think clearly it leads us to believe that these are two different-at least some of us, to believe that these are two different instruments. Now, I'm not questioning what your recollection is. You are trying to recall back, but I have to tell you-and we will get to this obviously because we will speak to Mr. Gergen and we will speak to Mr. Heymann, so I don ' t think we should press on any furtherbut I think it's reasonable to believe that there was a discussion by Mr. Heymann as it relates to the documents and the handling 302 of them in the handling of the entire matter, not just the note. If you read all of your notes in context I think that comes through. At least I see that. It's rather troubling to think that he was only talking about the note. But I understand what your call was made for. The purpose of your call, I do not dispute that. The purpose of your call was to get guidance and that has been brought out and I think that you've testified to the best of your ability here. So I don't want to press on any further with that. Senator, do you want to conclude? Senator MURKOWSKI. I'm finished, Mr. Chair-man. Thank YOU.