August 4, 1994 - Part 11
August 4, 1994 - Part 11
(22:20:15) Mr. Nussbaum, while you're standing, let me administer the oath right now. Do you swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth, so help you God? TESTIMONY OF BERNARD W. NUSSBAUM, FORMER COUNSEL TO THE PRESIDENT; PARTNER---WACHTELL, LIPTON, ROSEN & KATZ, NEW YORK, NY Mr. NUSSBAUM. I do, sir. The CHAIRMAN. I understand you have a statement and we'd like to lead off with that and then we'll go to questions. Mr. NUSSBAUM. Thank you, Mr. Chairman. Before I read my statement, I just want to say to you, Mr. Chairman, that I've been watching some of these hearings on TV and because of the concerns that have been expressed at this hearing, I want to assure you, Mr. Chairman, that first- I know it's late in the evening, but I will not be throwing any furniture around the room. I want to assure you of that, sir. Two, I will try to read my statement in a tone of voice more subdued than I normally read a luncheon menu. And three, I will make every effort, Mr. Chairman, to keep this boundless excitement that I apparently carry around with me, in the eyes of certain people, I'll try to keep that under control. And let me say, finally, before I start reading my statement, that I've already expressed these feelings and my intentions to Joshua Steiner who will later provide a definitive interpretation of what I meant. [Laughter.] The CHAIRMAN. That was said in sort of an intimidating manner. [Laughter.] 467 And I was thinking of recusing myself. [Laughter.] But I want to sleep on it. [Laughter.] And make a decision tomorrow. [Laughter.] Mr. NUSSBAUM. Mr. Chairman, I've already failed, as I can see, Senator BENNETT. Mr. Chairman, I'm feeling intense pressure. [Laughter.] Senator KERRY. If you can keep this going, you are going to beat Leno and Letterman. [Laughter.] Mr. NUSSBAUM. No, I'm not going to keep it going, Senator Kerry. Now, on more serious matters, because believe me, gentlemen, I do take this hearing very seriously. Mr. Chairman again, Senator DAmato, and Members of the Committee: I was Counsel to the President of the United States from January 20, 1993 until April 5, 1994. I was deeply honored to serve my country. This was an extraor dinarily challenging and rewarding position. I will never forget it, and I will always be grateful for the opportunity to serve. We are here today to talk about issues which have significant consequences for the operation of the Executive Branch. How should the White House Counsel conduct himself or herself when a Federal agency is conducting an investigation that does, or might, involve the President? Can there ever be any contact between that agency and the White House with respect to that investigation? As you will see, I do not believe there is, or can be, any flat prohibition against contacts between the agency and the White House. Issues may arise in the context of such an investigation that implicate broader policy issues or indeed, the proper functioning of the Executive Branch. In these circumstances, categorically to prohibit contacts with the White House would weaken the Presidency and do violence to the President's role in our Constitutional scheme. I am here specifically to discuss with you certain meetings I had with Treasury officials in September and October 1993 and February 1994 relating to the Madison/Whitewater matter. I will describe to you in some detail what happened during those meetings. But I also wish to make it clear at the outset what did not happen. I did not, nor, as far as I am aware, did anyone else at the White House ever seek to direct the outcome of or interfere with that investigation. That would have been manifestly improper. 'That did not happen. In my view-and I hope yours when you understand what occurred-these meetings were proper, They were proper because, in Ways I will describe, they facilitated the proper functioning of the Executive Branch. They enabled the White House to perform its official duties. They furthered legitimate public purposes. I will explain to you what I was thinking as I took the actions I will describe. There are some, some in this room, some outside this room, who looking back disagree with my judgments. But I hope you will come to understand that throughout my term in office, I sought to conduct myself in the highest traditions of public service and of my profession. I believe I did so.