221

1

2

3

ceremony in the Rose Garden.

Q So, if anything, the presence of the White House lawyer resulted in the Park Police receiving 4 additional rather than less information during that interview; is that right?

The way you ask it, that's correct.

5

6

A

8

actually, I'm sorry, a couple of questions about the

9 actual office search or document review that took
10 place in Mr. Foster's office on the afternoon of July
11 22, 1993.

12

You testified that at some point during

13 that process Mr. Nussbaum had in his hand a news 14 article or some news articles, but he said they were 15 privileged. Do you remember that?

16

17

A That's right.

Q And I think you said at the time you viewed that as being extreme or absurd, something like that; 19 is that right?

18

20

21

You didn't understand how Mr. Nussbaum 22 could be claiming privilege for something that was

1 publicly available, as far as you knew?

2

A

3

4

Right.

Q Do you know whether the newspaper article or articles that Mr. Nussbaum had in his hands may 5 have had handwritten notes on them or anything like 6 that that would have been in addition to just the 7 published articles?

8

9

-

A I don't recall anything. I mean, it could have. Like I said, as I remember, there was a window 10 there and I could best I could tell, it was like a copy of an editorial. And I may be wrong, but it seems to be the substance of what that was. It was a 13 copy of some editorial that had been written by 14 Mr. Foster himself.

11

12

15

Q But as far as you remember, David Margolis 16 from the Justice Department appeared to be agreeing 17 with what Mr. Nussbaum was doing with regard to those 18 newspaper articles?

222

1 Mr. Foster's office on July 22, 1993, Agent Salter

stood up; is that right?

2

8

correct.

Q

Right.

And then Clifford Sloan said something to

Best I recall, it was Sloan, that's

What was Cliff Sloan's tone of voice when 9 he said whatever it was that he said to Agent Salter? A He didn't yell. It wasn't threatening. It

10

11 was more insulting, I guess. I think any of us

12 probably would have thought that was somewhat of an 13 insult. That's the best I don't want to use that

14 word condescending because that's just not a word I 15 use in my vocabulary. I guess insulting would be a 16 word that I would use.

17

Q Other witnesses who were present have

18 described what Mr. Sloan said as an offhand remark,
19 kind of like a joke. Would you agree or disagree
20 with that characterization?

It was inappropriate, I guess.

21

A

3

A

I didn't really get that impression, but

4 I'm on the other team. I'm on the other side here

5 so, you know, I didn't sense it was a joke.

8

A I don't think Special Agent Salter thought 9 it was a joke, either. His reaction, of course, 10 didn't indicate that to me.

11

Q Fair enough. I'm not going to ask you any 12 questions about the briefcase. I think we've beat 13 that one enough. Actually, let me ask you one 14 question about the briefcase and just make it clear. 15 At the time that Mr. Nussbaum actually picked up the 16 briefcase and was holding it along his right side -17 I think you said that would be the second time that 18 Mr. Nussbaum touched the briefcase in your presence that day were you able to see the briefcase?

19

20

A At that point, I don't know if I can see 21 100 percent of it. I seem to think I did, but I knew 22 then it was that case because he put it back against

223

224

1 the wall. So I saw enough of it to know that it was the same item he put back against the wall, I guess.

2

3

Q You testified earlier about a conversation

that you had with Tom Collier. Do you remember that?

Yes.

4

5

A

A

225

7

Best recollection, it was the 30th of July,

8 from looking at the notes and all here, and I want 9 to, seem to even think it may have been a Friday. 10 I'm not sure.

11

12

13

Q Do we have Exhibit Number 1? Let me show you Deposition Exhibit Number 1 -

MR. GIUFFRA: I think it's Exhibit

14 Number 2.

15

MR. KRAVITZ: You're right, it's Exhibit

16 Number 2.

17

18

19

THE WITNESS: That's July 30th, and that was a Friday.

MR. KRAVITZ: That's all I have, Captain

20 Hume. Thanks a lot. 21

22 guess.

1

THE WITNESS: That was fairly painless, I

MR. GIUFFRA: Captain Hume, I want to 2 apologize if at any point today you felt as if I was 3 trying to elicit information from you in a way that 4 you felt was uncomfortable because this has been a 5 long day. I know you've testified on a number of 6 occasions, so that makes it difficult for both the 7 questioner and presumably also for yourself. We also very much appreciate you coming here.

8

9

10

11 record.

12

THE WITNESS: Thank you.

MR. KRAVITZ: Why don't we go off the

(Whereupon, at 3:57 p.m., the deposition

13 was concluded.)

226

CERTIFICATE OF NOTARY PUBLIC & REPORTER

227

JULIE BAKER

the officer

I, before whom the foregoing deposition was taken, do hereby certify that the witness whose testimony appears in the foregoing deposition was duly sworn; that the testimony of said witness was taken in shorthand and thereafter reduced to typewriting by me or under my direction; that said deposition is a true record of the testimony given by said witness; that I am neither counsel for, related to, nor employed by any of the parties to the action in which this deposition was taken; and, further, that I am not a

relative or employee of any attorney or counsel employed by the parties hereto, nor financially or otherwise interested in the outcome of this action.

Julie Baker

Notary Public in and for the
District of Columbia

My Commission Expires

SEPTEMBER 30, 1997

On 7/20/93 at approximately 1600 hours this Department was
notified by an anonymous caller that a dead body was discovered
by a citizen at Fort Marcy, Virginia. The caller was
subsequently identified by USPP Investigators and it vas
determined that a W/, approximately 50 years of aça, driving
a white Chevzɔlet work van, had discovered and reported the
body to the previously unidentified caller. This person has
not been identified.

The decedent was identified as Vincent W. Foster, Deputy Legal
Counsel to President Clinton. Notification to Mr. Foster's
wife was made and an autopsy performed on 7/21/93. The autopsy
and resulting toxicology revealed no signs of pre-existing health
problems, alcohol or drug usage by the decedent. Che cause
of death was a "perforating gunshot wound to the mouth - head".

Interviews conducted at the White House revealed that Mr. Foster
had left his office on 7/20/93 at approximately 1310 hours.
Hr. Foster, who was always instantly accessible in the past,
did not answer an electronic page initiated by M. Bernard
Nussbaum, Chief Counsel to the President, at 1830 hours.
White House issued paçer had been recovered by investigators
at the death scene. The page had been turned off.

e

Further investigation and calls from citizens support a finding
that Mr. Foster drove into Fort Marcy, at approximately 1448-
1500 hours, by himself in the vehicle found at the scene.

The investigation has revealed that Mr. Fester was, within the
past two weeks, experiencing a great deal of difficulty handling
the stress associated with his office. He had considered seeking
psychiatric help, and was provided with several doctors names
by a family member. He had confided in his wife his difficulties
and had recently tried to set aside family time to relieve some
stress. The Foster family doctor was contacted in his home
State of Arkansas. The doctor prescribed an anti-depressant
drug and one tablet was consumed by Mr. Foster on the evening
before his death. (***the 50 mg tablet of Trazodone is an
extremely low dosage; and is not be considered to be a
contributing factor).

The revolver recovered at the scene of Mr. Foster's death (fres
(his hand) had probably been passed down to Mr. Foster after