July 19, 1995 - Part 1
July 19, 1995 - Part 1
(09:55:40) Mr. BEN-VENISTE. It seemed pretty clear with respect to the FBI, the Department of Justice and the Park Police that Mr. Nussbaum's batting average on the charm scene was not very high? Mr. HUBBELL. That's correct. It takes a little while to love Bernie like I do now. Mr. BEN-VENISTE. But there were, as you pointed out, very legitimate questions, very important questions of executive privilege and attorney-client privilege associated with the material in the Office of the Deputy Counsel to the President of the United States? Mr. HUBBELL. I don't know what was in Vince's off-ice to this day, other than pictures of his family, but I would assume in the Office of the Deputy White House Counsel there are documents that have very serious executive, attorney- client and national security issues. Mr. BEN-VENISTE. Some of those involved, you would have expected, matters of deliberation of the President of the United States with his Counsel, such as on issues of confirmation of nominees and selection of nominees to the most important appointive offices in the land? Mr. HUBBELL. I know that Vince worked on Supreme Court nominations, and there were files-1 don't know whether they were in his office or not- regarding those potential nominees. Mr. BEN-VENISTE. Is it correct that at the end of the conversation You had with Mr. Heymann, Mr. Heymann told you in response to Your volunteering to intercede with Mr. Nussbaum, if Mr. HeyMann thought it might be useful, that Mr. Heymann said no, it isn't necessary at this time. We've got it all worked out? Mr. HUBBELL. That is correct. Mr. BEN-VENISTE. Now, in addition to the important issues of executive privilege and attorney-client privilege, and in response to 80 Senator Shelby's question, why not just open the office tip for the investigators to look through everything, do you feel that there was any issue with Bernie Nussbaum on the question of Mr. Foster's personal privacy in the immediate aftermath of his death? Mr, HUBBELL, Again, Bernie can speak best about this, but I know that all of us were trying to be sensitive to the family's need for privacy at that very difficult time. Mr. BEN-VENISTE. Finally, the issue of a search warrant was raised by Senator Shelby. Mr. Hubbell, can you conceive of any way that on July 21, 1993, any magistrate or other judicial officer could have reasonably issued a search warrant for the Office of the Deputy Counsel to the President on the facts then presented? Mr. HUBBELL. You're asking for a legal opinion, and I'll give one, but I don't know what it's worth. I don't believe so. Mr. BEN-VENISTE. Thank you, sir. Mr. Chairman, I have no further questions. The CHAIRMAN. Senator Shelby, for purposes of concluding, and then we'll go to Senator Bond. Senator SHELBY. There's just a couple of things I'd like to clarify. If you're in the Justice Department, which you were at that time, and you had the FBI and the Park Police conducting an investigation, they're down at the White House, and the Counsel for the White House, the President of the United States, and Mr. Nussbaum is saying you can't go in that room, telling that to the Park Police and the FBI, who are doing their duties, wouldn't that lead a reasonable person to believe they're hiding something or they don't want you in there? Why couldn't you get a search warrant? If I were a magistrate, I'd certainly-and I've been one-I would have issued one if the FBI would have come in and said look, they're blocking access to something, we don't know what's in there, but we have a right to look in there to complete our investigation. Yet the White House Counsel, Mr. Hubbell, is saying no, you can't go in there.