(21:35:17) Ms. HANSON. That's correct, and it was not relevant to my decision because, if I had sat around and waited to make sure there was a press leak, by that time, it may have been too late Senator ROTH. Are you saying that you believe because there might be a leak Senator D'AMATO. Will the Senator yield for just a moment? I'd like to know, too late for what? You come and you say-and I understand the contention that if there are leaks, et cetera, but there was no leak. You say because nu feared there was a leak, therefore you could then cross this ne to brief someone. It's very questionable whether they should have been briefed about a potential leak. The Senator says, "Well, at that point in time there wasn't a leak." You said, "Yeah, that's right, but it would have been too late." Too late for what? Ms. HANSON. Sir, I didn't say, at that time, there wasn't a leak and, in fact Senator DAmATO. The Senator said, and it was his contention, there was no leak. The records indicate there was no public information out at that time, Now, question, you then said, 'Well I that's why we bad to do it now because, otherwise, it would be too late.", What do you mean by "it would be too late"? Ms. HANSON. Sir, what I meant was it was necessary in my view, that the White House be in a position to prepare themselves for possible inquiries, for inquiries that, in my judgment understanding the situation and having spoken with Mr. Roelle, were going to occur and, in the end, in fact, occurred. Senator DAmATO. But what did they say when Ms. HANSON. In answer Senator DAMATO. Wait a minute. Ms. HANSON. May I finish? Senator DAMATO. Yes, go ahead. 169 MS. HANSON. May I finish, please? In fact, it did turn out that reporters had incorrect information and, if they had printed the story based on the incorrect information they had, it would have put the Administration in a prejudicial light, the implication being that there Senator DAmATo. Did you correct Ms. HANSON. May I finish? Senator ROTH. Mr. Chairman, may I have my full time? The CHAIRMAN. We're on your time. Senator DAMATO. I'll yield him my time. Ms. HANSON. May I finish my statement? Senator SARBANES. Why don't we let Ms. Hanson complete her answer and go back to Senator Roth? The CHAIRMAN. You can complete your answer. Ms. HANSON. The information that the reporter bad was that the referrals were being held up at the RTC and not forwarded to the Justice Department. That was the inquiry that came into the Treasury. The clear implication of the question being that the Administration or the Treasury was interfering with the processing of the criminal referrals. It was in the interest of the Government, I believe, that this story, this reporter's information, be corrected, and that this story not be printed. That is one of the reasons why people are aware of information, so that they can deal with inaccurate press stories, or press inquiries, that if printed, would be prejudicial and damaging. The CHAIRMAN. You've made that point. I want to ask the clerk to restore some of Senator Roth's time, so that the time of your statement isn't charged against his statement. Senator ROTH. Ms. Hanson, in answer to my question, you said there was no factual knowledge at the time you made the contact. My concern, and my question, is if you don't need to have any actual leak or press inquiry, doesn't that exception swallow the rule? Doesn't the rule become a nullity? Would you answer? Ms. HANSON. Sir Senator ROTH. If at any time a person thinks there may be a press inquiry, an exception can be made to the rule of confidentiality, doesn't that really destroy the rule of confidentiality? Ms. HANSON, I don't believe that two Executive Branch officials speaking with each other on a matter relating to possible press inquiries or other governmental-in another governmental function breaches the confidentiality. Senator ROTH. That's not my question. Ms. HANSON. I'm sorry, sir. Senator ROTH. My question was, doesn't--if your logic is pursued, and an exception to the rule of confidentiality can be made any time there is a suspicion or belief that there is going to be a press leak, doesn't that destroy the rule of confidentiality, for all practical purposes?
(21:40:41) Ms. HANSON. As I stated, I think that two governmental officials in the Executive Branch talking to each other doesn't destroy the confidentiality. Senator ROTH. Let me point out what the RTC stated, in a writing response to questions, after the February 24, 1994, hearing: 170 The disclosure of any information concerning a criminal referral may serve to alert a suspect that an investigation may be pending, enable the suspect to conceal evidence, or dissipate the proceeds of the crime, fabricate evidence, or otherwise impede the investigation. Aren't these legitimate concerns? Ms. HANSON. Absolutely. I couldn't agree with you more. That is why the employee, or the employees, at the RTC who leaked this information to the press, I believe, should be investigated Senator ROTH. Did you discuss with anyone the RTC policy and how it should be applied to the immediate case? Ms. HANSON. No, sir I didn't believe I needed to. Senator ROTH. YOU didn't think you needed to, but that was the basic policy of the agency responsible for administering the law-, Ms. HANSON. Sir, I understood that two Executive Branch offi- cials could speak with each other in pursuit of a proper governmental purpose. Senator ROTH. Under that interpretation, couldn't you discuss a' referral at any time? If the rule is that two Government officials can discuss a criminal referral, then the rule, again, becomes a nullify, doesn't it? Ms. HANSON. I believe in that case, one has to look at the purpose for having the discussion. If there is a proper governmental purpose, then I believe a discussion can be had. I know, and it's the policy of the RTC and the Treasury, that criminal referral information is sensitive, and must be handled with extreme care. Senator ROTH. Would you extend this privilege to anyone but the President? MS. HANSON. Excuse me? Senator ROTH. Let me put it this way-, Would anyone else, who might be subject to a press inquiry, be entitled to the same kind of information? Ms. HANSON. Sir, it would depend on the situation. Senator ROTH. But there are circumstances in which you would answer in the affirmative? Ms. HANSON. There are situations absolutely, where the need to know information in order to be able to deal with press inquiries would be-is a proper governmental purpose, just as this one was. Senator ROTH. Let me ask you this: Are you familiar with the guidelines established by Mr. Nussbaum? Ms. HANSON. I don't know which ones you're referring to, sir. Senator ROTH. The memorandum from the Presidential Counsel Nussbaum entitled, "Prohibition of White House Staff Contacts with Independent Regulatory Agencies." It was dated February 22) 1993. Are you familiar with that memorandum? Ms. HANSON. Yes, sir. I don't have a copy in front of me, but I'm, generally, familiar. Senator ROTH. That memorandum says: There is generally no justification for any White House involvement in particular adjudicative or rulemaking proceedings at any agency. Therefore, as a general rule, no member of the staff should contact any agency in regard to any adjudicative or rulemaking, matter pending before that agency. Are you familiar with that language? Ms. HANSON. I've heard that language, sir. Senator ROTH. Did that rule come up in discussions at any time, either in the Treasury or with the White House? 171 Ms. HANSON. In terms of my conversation with Mr. Nussbaum? Senator ROTH. That's correct. MS. HANSON. There was no White House involvement in any adjudicatory process. There was no White House involvement, in this process, at all. Senator ROTH. But we are talking about the RTC. They are the ones that are the adjudicative agency, are they not? Ms. HANSON. Perhaps I should have a copy of what you're reading from in front of me. The CHAIRMAN. Let's get one for you. We extended the time period, to make up for the time, and its expired. I want to try to continue on. I don't want to be arbitrary, in terms of Senator Roth getting an answer to his question, but if you're going to have to study the document-Senator Roth
(TAPE 1) Galapagos - green sea turtle swimming
(TAPE 1) Land iguana shedding its skin in patches, yawning
(TAPE 1) Swallow tail gull and chick looking for food
(TAPE 1) Sea lion sleeping using a rock for a pillow Sea lion with its head underwater, blowing bubbles
(TAPE 1) Land iguana shedding its skin in patches on santa fe
(TAPE 1) Flowers on opuntia cactus and pads
(TAPE 1) Sea lions sleeping on the beach Sea lions on the surf
(TAPE 1) 09:37:41 Young land iguana
(TAPE 1) Huge opuntia cactus
(TAPE 1) Male lava lizard
(TAPE 1) Mockingbird preening
(TAPE 1) Tourists and ships on santa fe
(TAPE 1) Caterpillars
(TAPE 1) 09:44:02 Big male sea lion 09:44:38 Sea lion close up 09:45:16 Sea lion scratches an itch 09:45:39 Herd of sea lions, 1 comes up on the beach 09:48:12 Big bull comes up on the beach to his harem 09:50:06 Sea lion, close 00:00:39 Young sea lion looking for his mother 00:03:00 Young sea lion coated with sand 00:06:18 Sea lion and tour boats 00:07:51 Big bull 00:10:13 Sea lion rubbing its eyes to chase away flies
(TAPE 1) Dwarf paintbrush in alpine ecuador
(TAPE 1) Flowers
Tape below was taken in headwaters, amazon river and ecuador
Leaf cutter ants Leaf cutter ants
(TAPE 1) 00:14:57 Flowers
(TAPE 1) Shelf bracket fungi, a jungle bird calls
(TAPE 1) 00.29.56 Flower 00:19:15 Liana vines 00.32.19 Flower
(TAPE 1) Leaf cutter ants