"Filegate"

CONGRESSIONAL RECORD (House of Representatives)
Chairman William F. Clinger (R-PA), July 25, 1996

Mr. CLINGER. Mr. Speaker, I rise today to address a very serious issue. For over 3 years I have tried to get to the bottom of the White House travel office firings and most recently the White House's acquisition of hundreds of FBI background files of former Republican officials.

Why has the White House resisted making public the information needed to conclude these investigations? One of the foremost questions in my mind as the committee sought to understand how and why the White House obtained these FBI background files was: Who is Craig Livingstone? Who recommended him? Who hired him? And why was he ever put in charge of such a sensitive job at the White House? Simple enough questions, or so I thought.

Even though Mr. Livingstone enjoyed an unusually long tenure in the White House Counsel's office--surviving four White House counsels and even though he enjoyed a 40-percent salary increase by touting his record as a `team player' while keeping bankers' hours--now a month later, we still have no answers to the simple question of who brought Craig Livingstone into the Clinton inner circle as Security Chief. Does Craig Livingstone really not know who hired him or is he just not telling us? Who in the White House recommended that the counsel's office hire Craig Livingstone?

Seeking answers elsewhere for Craig Livingstone's immaculate hiring as it was described by one observer, I directed my investigative staff to conduct depositions of the FBI agents assigned to the White House for background investigations. FBI Director Louis Freeh personally suggested that I review Mr. Livingstone's FBI background investigation file rather than question his agents directly on this subject.

Last Thursday, July 18, I went to the FBI headquarters where I reviewed Mr. Livingstone's FBI background file. During the course of an FBI background investigation, it is customary to interview an individual's supervisors. Among those interviewed for Craig Livingstone's background check was then-White House Counsel Bernard W. Nussbaum. The interviews took place in early March.

In the interview conducted of 1993, an interview conducted by Agent Dennis Sculimbrene, his report of this interview stated that Mr. Nussbaum advised, and I am quoting, `that he is not only an appointee of Craig Livingstone for the period of time that he has been employed in the new administration, Mr. Livingstone had come highly recommended to him by Hillary Clinton, who has known his mother for a longer period of time.' The agent reported that Mr. Nussbaum said that, quoting, `he was confident that the appointee lives a circumspect life and was not aware of any drug or alcohol problems.'

This 1993 statement calls into question Mr. Nussbaum's June 26, 1996 statements made under oath before the Government Reform and Oversight Committee. When Congressman Steve Horn asked former Associate White House Counsel William Kennedy whether Mrs. Clinton wanted Mr. Livingstone there at the White House, Mr. Kennedy testified that, and I am quoting: `I can state that I have never discussed Mr. Livingstone with Mrs. Clinton in any way, shape or form.' Mr. Nussbaum immediately responded: `Nor did I.' When I directly asked Mr. Nussbaum, `Do you know who hired Craig Livingstone?' Mr. Nussbaum responded: `I don't know who brought Mr. Livingstone into the White House.'

Just as disturbing, is the fact that the FBI provided a heads up about this information to the White House. I learned this week that prior to my review of Graig Livinstone's FBI background file, the FBI called White House Deputy Counsel to the President Kathleen Wallman to provide information contained in Craig Livingstone's file--information that previously had not been provided to the White House. Did the White House tell anyone about this information?

What possible legitimate purpose could the FBI have had to call the White House about this information? Why did the FBI not contact the independent counsel if they really were concerned about the information discovered in Livingston's background file?

The day after the FBI contacted the White House, on Wednesday, July 17, two headquarters agents went to Agent Dennis Sculimbrene's home at 10:00 in the morning and interviewed him about the taking of the Nussbaum statement. The FBI agents conducting the interview told Mr. Sculimbrene that the White House was unhappy and concerned about this particular interview and about what had been said about Bernie Nussbaum.

Why, after the Attorney General herself said that it would be a conflict of interest for the FBI or the Justice Department to investigate anything related to this matter, would FBI agents go to the home of such a critical witness? Who directed these agents? Who approved and knew about these actions and when did they know? Was the independent counsel informed and why was Agent Sculimbrene told that the White House was unhappy?

This is a matter I will refer to the U.S. attorney for the District of Columbia. Because Attorney General Reno has designated Independent Counsel Kenneth Starr to investigate potential criminal wrongdoing in the White House Travel Office and FBI Files matters, I am simultaneously forwarding this matter to Judge Starr's attention.

While our investigation is continuing, our focus is not, not on possible criminal activities. I want to emphasize that I am not here to prejudge the veracity of any of the statements that I have referred to, but I am concerned about what appear to be very serious discrepancies. I believe, therefore, this issue must be addressed by a Federal law enforcement office tasked to review these types of issues.

Mr. Speaker, I include for the Record the following information:

White House and FBI Actions and Contacts on FBI File Matter--Prepared by Staff of House Government Reform and Oversight Committee

JUNE 14, 1996

FBI issues report on White House obtaining FBI files saying the FBI was `victimized' by the White House's gathering of FBI background files.

Craig Livingstone is deposed by the Committee on Government Reform and Oversight and reveals problems in his background.

JUNE 17, 1996

Craig Livingstone is deposed by the Committee on Government Reform and Oversight.

White House Counsel Jack Quinn announces that Livingstone has asked to be put on administrative leave.

JUNE 18, 1996

After an initial inquiry, Independent Counsel Starr advised Attorney General Reno that he does not believe he has jurisdiction to investigate the FBI File matter further.

Attorney General Reno ordered the FBI to conduct a thorough investigation into unjustified White House requests for background files.

JUNE 20, 1996

Attorney General Reno turned the investigation of White House requests for FBI background files over to Whitewater Independent Counsel Starr in order to avoid a conflict of interest. Reno wrote: `I have concluded it would constitute a conflict of interest for the Department of Justice itself to investigate the matter involving an interaction between the White House and the FBI, a component of the Department of Justice.'

JUNE 26, 1996

Craig Livingstone announces his resignation in his opening statement before a Committee on Government Reform and Oversight hearing on the Security of the FBI Files.

JUNE-JULY 1996

Independent Counsel investigation proceeds with numerous White House witnesses appearing before the Grand Jury.

JULY 15, 1996

Dennis Sculimbrene is deposed by the Committee on Government Reform and Oversight.

JULY 16, 1996

Chief Investigative Counsel Barbara Olson of the Committee reviews the FBI background file of Craig Livingstone and Anthony Marceca.

According to FBI Counsel Shapiro, he contacted Deputy White House Counsel Kathleen Wallman regarding the Nussbaum interview in Livingstone's FBI background file.

JULY 17, 1996

Two FBI agents from FBI Headquarters appear at the Haymarket, Virginia home of Dennis Sculimbrene to talk with him about his interview of Bernard Nussbaum and show him the document. They also ask him for his notes of the interview.

Committee holds hearing with Secret Service witnesses on the Security of FBI Background Files. Secret Service Agent Arnold Cole reveals that he spoke with Bill Kennedy about problems in the background of Craig Livingstone when the Secret Service reviewed his file for security concerns.

JULY 18, 1996

Chairman Clinger and Chief Investigative Counsel Barbara Olson review Craig Livingstone's FBI background file at the FBI. Chairman Clinger requests information regarding any communication of information in the Craig Livingstone FBI Background file to the White House.

JULY 19, 1996

FBI General Counsel Shapiro writes letter to Chairman Clinger informing him that the FBI did indeed provide the White House with information on the Nussbaum interview: `because issues raised in Mr. Nussbaum's interview [in Livingstone's FBI background file] has been discussed in connection with the Committee's oversight investigation, it was determined that the Bureau had a responsibility to advise affected parties. Therefore, after arrangements were made for your staff to review the files, the Department of Justice, and then the White House, were advised of the results of this review.'

This document is an unofficial version of the Congressional Record. The printed Congressional Record produced by the Government Printing Office is the only official version.