(12:40:53) Senator DODD. Mr. Chairman, could I ask just one question about The CHAIRMAN. Certainly. Senator DODD. I didn't hear all the evidence as to how the briefcase ended up in one particular Senator's possession. Did the Committee request that or did Senator Murkowski request it? The CHAIRMAN. I understand that staff counsel requested that it be made available for the entire Committee, that it came down at about dinner time, about 7 p.m. is when--oh, it came down this morning. Did you receive it last evening? Senator DODD. I'm just curious as to how evidence is going to be-we've made a request, as pointed out by Senator Faircloth, for the The CHAIRMAN. It came into counsel's possession last evening at or about 7 p.m. I did not see this Senator SARBANES. When was it requested? The CHAIRMAN. I think it was requested, what, yesterday afternoon? Mr. CHERTOFF. Can I answer? The CHAIRMAN. Yes, certainly. Mr. CHERTOFF. We've been requesting this for about a week, actually, both sides. The CHAIRMAN. So, in other words, it was a request that came from both staffs? 54 Mr. CHERTOFF. I think Mr. Ben-Veniste will agree that we've been communicating with the Independent Counsel for about a week and not through any decision that they have indicated they didn't want to give it to us. We had just not been able to connect in getting it over here until-I think I saw it very late in the day yesterday. Senator DODD. Was that the same time the requests were for the polygraph information? Mr. CHERTOFF. I don't know that they were made in the same calls, but I think over the same time period. We have been in contact, both of us, on a bipartisan basis, with Mr. Tuohey. Senator DODD. You will appreciate our-one piece of evidenc6 shows up, and I accept, in a sense, how this can happen. I hope it doesn't happen again. But where the request is made for polygraph information, we have not yet received that, the Committee as a whole has not. It's just a concern I have that if evidence like that is going to end up in the possession of one Senator without the others, you end up with a chaotic situation on your hands. I presume The CHAIRMAN. The Senator makes a good point, and, again, point out that if we look at the totality, I think we have demonstrated a unique capacity to-keep everybody totally informed and " , working together with no-not even ex parte requests. I'll make.:. sure and certain that we continue to follow that policy. Senator DODD. Thank you, Mr. Chairman. The CHAIRMAN. Certainly. Senator SARBANES. Mr. Chairman, I just want to close this out by noting that in the letter we sent to Mr. Starr on July 11, 1995, jointly by the two counsel, I'm just going to quote it now: We also understand that one or more persons working under the auspices of the Office of the Independent Counsel has administered a polygraph examination of, Margaret Williams regarding matters relevant to the Special Committee's current inquiry. According to press reports, the polygraph examination indicated that Ms. Williams was not being deceptive when she stated that she did not remove documents or other materials from Mr. Foster's office on the night of July 20, 1993..We recognize that you may not wish to provide the report of the polygraph examiner to the Special Committee; however, we request that you provide us with the questions asked and the answers given, together with the expert's conclusion regarding truthfulness as to each. I only make the point that the Independent Counsel seemed able to produce this briefcase that has been the source now of some discussion on both sides, but he's not yet produced to us this report' on the polygraph examination. The CHAIRMAN. Senator, let me propose a request that we get our staffs to prepare a letter for our signatures reiterating our request from the entire Committee. Senator SARBANES. Fine. Now, Mr. Chairman, I'd like to ask, will we go a half hour on this side and then conclude for today and go over until tomorrow? Is that your intention? The CHAIRMAN. Mr. Hubbell, do you have any strong feelings one way or another? Because what the Chairman has been asked and what has been proposed is that there be another half hour of questions that they would put forth and that we put this over until to 55 morrow when we would start with you immediately. Does that suit you,? Mr. HUBBELL. That's fine. I'm at the pleasure of the Committee. The CHAIRMAN. Senator, why don't we do that, then.