July 19, 1995 - Part 2
July 19, 1995 - Part 2
(11:20:48) Mr. HUBBELL. I believe the best way to protect all privileges is to keep the documents in the possession of the lawyer or the client. Senator HATCH. That's right. Now, a person, that is, the client, can always choose to waive the attorney-client privilege, can't the client? Mr. HUBBELL. That is correct. The privilege is the client's. Senator HATCH. So, assuming the attorney-client privilege protected some of the President's documents, if the President wanted to open the documents to the public, he could always waive the privilege if he wanted, couldn't he? Mr. HUBBELL. If that is the only privilege that attaches. I don't - we're talking in hypotheticals, and I don't think we're talking about national security documents. Senator HATCH. No. We're talking about these documents. We're talking about Mr. HUBBELL. I don't know what these documents are Senator HATCH. I'm talking about Whitewater documents. Let's limit it to those. But he could waive the privilege if he wanted to? Mr. HUBBELL. The President can waive the privilege. Senator HATCH. Let me just say this. Given your familiarity with the public and private law practice that you've had, and you've had extensive experience, you're well acquainted with the fact that Gov 106 ernment lawyers are generally prevented from doing legal work for private persons, aren't they'? Mr. HUBBELL. My familiarity is with the Justice Department. Senator HATCH. But you wouldn't allow anyone at the Justice Department- when you were Deputy, you wouldn't allow them to have a private practice on the side while fully employed by the Government, would you? Mr. HUBBELL. No, except to the extent of pro bono work, Senator. We did try to adopt rules that would allow Justice Department lawyers to do work pro bono. Senator HATCH. Those rules exist so Federal officials will not be working on private matters at the expense of the Federal treasury; right? Mr. HUBBELL. Yes, Senator. Senator HATCH. Don't they exist to prevent conflicts of interest, that may arise when the official's public duties and private interests conflict? Mr. HUBBELL. There are conflicts and problems, if you were to do Senator HATCH. Such as one of the things we're trying to avoid by not having Government lawyers working for private citizens. Mr. HUBBELL. That's something that we consider in adopting the pro bono rules. Senator HATCH. In your tenure. in the Department of Justice, wouldn't you have found it troubling that a Government lawyer also represented somebody else on a purely private matter? Mr. HUBBELL. It would depend on what it was, Senator. I'm not trying to split hairs Senator HATCH. Pro bono you've mentioned. That's the only case, though, isn't it? Mr. HUBBELL. If you had a good friend who needed a will drawn, I don't think I'd get my nose out of joint. But if he was engaged in an extensive law practice, I probably would. Senator HATCH. Here we have work on the President's private tax returns. Wouldn't that be purely a private matter, in your opinion? Mr. HUBBELL. Senator, in my opinion the President is a unique individual. He has personal matters, but they are so wrapped up into his public duties and public disclosures that I think the President has a unique position. So I don't necessarily agree with you. I have never done any research on it. We could probably ask our good friend Walter Dellinger if he has, and he probably has one way or the other. Senator HATCH. He probably has. Mr. HUBBELL, I have never done any work on it, but I'd certainly ask Walter. Senator HATCH. Sure. Let me say this; In fact, the Rose Law Firm originally had documents relating to the President's taxes; right? The Rose Law Firm did his taxes? Mr. HUBBELL. I don't believe the Rose Firm did his tax work, Senator. Senator HATCH. Did they have any documents pertaining to his taxes? Mr. HUBBELL. The Rose Firm? 107 Senator HATCH. Yes. Mr. HUBBELL. If they did, it was after I left the firm. Senator HATCH- You were involved in preparing the transfer of certain documents to the White House, weren't you? Mr. HUBBELL. Certain documents to the Senator HATCH. Lot me make it clear. Some of those files were labeled Whitewater and Madison; isn't that correct, that you transferred them to the White House? Mr. HUBBELL. I never delivered any Whitewater or Madison files to the White House, Senator. Senator HATCH. But you prepared the transfer and they were transferred to the White House? Mr. HUBBELL. They were transferred to David Kendall. Senator HATCH. You didn't prepare the transfer or help to prepare a transfer of Whitewater and Madison files to the White House? Mr. HUBBELL. To the White House, no, Senator. Senator HATCH. I guess my time--can I just follow with one more question? The CHAIRMAN. Go ahead.