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August 4, 1994 - Part 12
(23:50:08) Mr. NUSSBAUM. Well, thank you, Senator. Senator BENNETT. You've come in here and told us exactly where you stand and we haven't had the lapses of memory nearly as much as the kind we've had from some others. Maybe it has to do with the fact that you don't work for the Government anymore and your job is not in jeopardy. I would just like to make a few observations, I associate myself completely with the Chairman's opening statement. This Committee feels very strongly about the issue of RTC independence, In my opening statement to the hearings that was my central focus because at that time I didn't understand any of the rest of this stuff -that we've now come to understand. I was offended by the testimony of one of the RTC employees, that the RTC has been more politicized in this Administration than in previous ones. There were several who testified to that. Mr. Altman, of course, denied it, but the career RTC employee had that feeling. That may ,be part of the reason behind the Chairman's passion because this Administration allowed Mr. Altman to remain in a position where structurally the independence of the RTC was compromised. What should have been a 2-week, 3-week arrangement until somebody was found and confirmed turned into a year and a half ,Of built-in conflict of interest, in terms of this Committee's interest; that is, that the two should be independent. You're not responsible for that. It's too late to do anything about it now, but understand that's a large reason why the Chairman was as passionate as he was in MY view and one of the reasons why I identify with him. Now the other half of his statement about the recusal issue, I'm .not a lawyer. I think I can understand the English language withOut having been to law school. Turn to page 13 of your statement. Mr. NUSSBAUM. Yes. Senator BENNETT. You're quoting the OGE guidelines and you very passionately say this means the official has a duty to do his or her duty and you've been very passionate about that. The last 492 phrase of that guideline referring to employees are expected to perform their duties unless there is a reason their participation, "ill the last phrase, will result"- this is the English language I think 1 understand----"will result in an appearance of conflict significantly detrimental to the public's legitimate perception of the fairness of the governmental processes involved." Now Secretary Altman made the decision that his involvement in this would result in an appearance of conflict that would be significantly detrimental to the public's perception of the fairness of this thing and he came to the White House to announce that decision, He had already checked with Secretary Bentsen, and Secretary Bentsen has testified that if he had been in Mr. Altman's position, he would have recused himself. So what you're really saying here, Mr. Nussbaum, in your passionate statement that every official should do his duty and we need to enforce that throughout the whole Administration' and this is something you would absolutely establish is that if Secretary Bentsen had asked you for advice, you would have told him do your duty and stay there. My only comment is I think Secretary Bentsen's advice was the correct one. I think subsequent events have demonstrated that Secretary Bentsen's instincts were the correct ones and Mr. Altman's instincts were the correct ones before something happened at the White House to turn him, and that's why I find myself in agreement with the Chairman's position. Thank you. Mr. NUSSBAUM. Can I respond? Senator BENNETT. Absolutely. Mr. NUSSBAUM. I don't believe Mr. Altman made a decision nor did he say he made a decision when he came to see us, that his continuing to act would result in an appearance of conflict significantly detrimental to the public's legitimate perception of the fairness of the governmental processes involved. He didn't make such a decision. He said just the opposite in effect. What he said to me is that he had consulted ethics people and they told him that he was not legally or ethically required to recuse himself.
August 4, 1994 - Part 12
(23:55:17) That means, Senator, with all respect, that Mr. Altman and his ethics advisor believed that acting in this manner would not raise an appearance of partiality within the meanings of the relevant ethical standards because if, in fact, he made such a judgment, and his ethics advisor made such a judgment then he couldn't come and tell me that he and his ethics advisor believe that there is no ethical or legal reason for him to recuse himself What he said to me, Senator Bennett, is that he talked to Secretary Bentsen and he talked to Ms. Hanson and he thought it was best, what he was conveying to me is not this appearance issue that you refer to. What he was conveying to me that he thought it was politically best, public relations best, that he didn't really want to take the heat. He didn't want us to take the heat. That's what he was saying to me, And that is what I think is wrong. If he made a determination that there was an appearance issue here, then he would have been legally or ethically required to recuse himself, but he did not make such a determination. And this notion about Mr. Altman being a long-time friend of the President, a close personal friend, which is sort of gaining currency 493 here, is also, I believe, incorrect, sir. Mr. Altman went to college with the President 25 years ago. I don't think they were in the same class in college. I don't believe Mr. Altman saw the President between 1968 and 1991, until the President started running for ofIt is true that Mr. Altman was a high Government official in the Administration. That's true, but that doesn't mean he's pre cluded from doing his duty and indeed even if he was a close per- sonal friend of the President's, which I don't believe he is, a close personal friendship is not, under the ethics rules, a covered relationship that requires you to recuse yourself. There were no facts that I knew, and no law that I knew that would in any way indicate that Mr. Altman was wrong when he told me that he was not legally or ethically required to recuse himself. What Mr. Altman was taking was in my view an unprincipled position here, A position contrary to what I believe should be the proper policy for the Executive Branch, Now I know that a lot of people don't agree with me on this thing. Lloyd Cutler doesn't agree with me. Lloyd Bentsen doesn't agree with me. Ms. Hanson doesn't agree with me. You don't agree with me. Chairman Riegle doesn't agree with me, A lot of people don't agree. I lose a vote in :this Committee at this time. But I believe I'm right in this thing. Senator BENNETT, Obviously you do and I won't beat the dead horse any more. I'll simply say for all of my earlier statements of admiration for you which I do not back away from, I will not consult you if I ever get in a circumstance where I need advice on this issue. Thank you. Mr. NUSSBAUM. Maybe I'm not the most politically astute person in the world, Senator Bennett, except I happen to believe the best politics is to do your duty, to stand. up for what's right and when people come at you and attack as they will, political opponents or newspapers, you explain yourself, you defend your position. To me that is the best politics also, but a lot of people don't agree with me about that either, The CHAIRMAN. Senator Shelby, Senator SHELBY. Thank you. Mr. Nussbaum, you obviously-I never met you until tonight that I recall. I knew what you were doing at the White House as the Counsel, as White House Counsel, is that the proper term? Mr. NUSSBAUM. Yes, sir. Senator SHELBY. White House Counsel. You are obviously a man of strong opinions and there is nothing wrong with that. Strong personality. I would contrast you in my own mind with Mr. Altman sitting there and so forth. But I've got some problems and I want to follow up with something and I disagree with you on this, too, and I was going to ask a similar question that Senator Bennett got into, On page 13 and I had circled this earlier and I'm going to go back into it. "Or will result"-talking about conduct-- "or will result in an appearance of conflict significantly detrimental to the public's"-"to the public's legitimate perception of the fairness of governmental process." Well, that's what a lot of that was about, what is the perception of this. Mr. Altman, I believe, was on the right track, but he's not as strong as you are as far as personality. Why does he come to 494 the White House? Obviously a lot of trails led right to you you know, you were the Counsel to-White House Counsel. He Was down there and he was asking you about this. The diary here of Mr. Steiner and I think it's instructive now in a lot-to a large de- gree, and I can imagine just in my own mind and I think other peo- ple could seeing you tonight, seeing your demeanor as-you're' a trial lawyer and we do this, we carry our own common sense into
August 5, 1994 - Part 2
Coverage of the House Banking Committee Hearings where JACK RYAN the acting head of the Resolution Trust Company, ELLEN KULKA - General Counsel of the RTC, APRIL BRESTLOV - Staff Attorney of the RTC, Mr. HEINZ (?), JAMES DUDINE Chief of Investigations at the RTC, WILLIAM ROELLE - Former Senior Vice President of the RTC, and others testify
August 5, 1994 - Part 3
Coverage of the House Banking Committee Hearings before which testify several officials from the Resolution Trust Corporation
August 5, 1994 - Part 3
(14:01:37) How does this confidential information help the White House deal with press leaks? Were they going to deliver it to reporters? How did this information help shield the President from embarrassment? Did it keep the President away from Governor Tucker? Second, it will not do to say that the recusal decision was a tempest in a teapot. The top officials of the White House and the Treasury spent too much time agonizing over how to keep Roger Altman involved. But for the unexpected congressional extension of the statute of limitations, Mr. Altman would have been the final decisionmaker in Madison. At bottom, the question is why were they so afraid to leave the White House "defenseless" without Altman? Third, we must also decide if, as Mr. Ickes testified, nonpublic information was revealed by Altman to the White House on February 2. Why would he say so if it were not true? Can we accept his efforts to dilute his testimony? Robert Fiske's report said there was insufficient evidence to prove criminal wrongdoing. That conclusion, of course, reflects the extraordinary burden of proof (14:02:55)(tape #10101 ends)
August 4, 1994 - Part 12
(00:00:55) And when he said, talking about Roger Altman: going, and he's Mr. Steiner, talking about recusing himself, at a fateful White House meeting-it was fateful. I think it was fateful for Mr. Altman because he backed down. A fateful White House, meeting with Nussbaum, Ickes, and Williams, however, and the White House staff told Roger Altman that it was unacceptable-I think it's probably a mild term, watching you here tonight-unacceptable. I can imagine you-maybe you didn't beat him up because you're not a large man, maybe you didn't beat him up with your fist, but I bet he felt he was mauled when he left out of there and I can see that, And he reacted very-you all reacted very negatively to the recusal and Roger Altman, instead of being a strong man like you are-and you are strong-he backed down the next day and agreed. In other words, he slept on it and he backed down. It was a fateful meeting. And I can see that. But when you say that a man should stay in there and do his duty as a governmental official when he feels inside that he's got a conflict of interest and there was a perception, sir, whether you agree with me or not, there was a perception and I don't know who created this perception, whether Roger Altman created it, he was real close to the President or not, the perception of the currency in the public was that he was close to the President of the United States. I don't know if he was or not. But he came down there to see you because you were Counsel to the President, because you were a strong personality and a lot of roads led to you. I think he was afraid of you. He obviously was. He was afraid. You were a strong man. But he made the wrong decision, and, I believe, Mr. Nussbaum, you helped him make the wrong decision by your strong views here. Just imagine what a mauling he went through. I think it was fateful, fateful for him and I- Mr. NUSSBAUM. Senator, I have known Roger Altman a fair amount of time. I know him from New York, from-he was in the financial business. I'm a trial lawyer, private practice. Roger Altman is not a patsy. Roger Altman may come across in this room Senator SHELBY. I didn't say he was that but I said you were a stronger man and you mauled him there that day. In a figurative--- sure, you did. Mr. NUSSBAUM. I don't agree. I remember that meeting. I didn't', maul him, Senator. I was surprised by the subject, I was careful what I said and I didn't tell him to stay in the case. I told him lie should recuse himself if he was legally or ethically required to do so. I told him he should consider whether or not he should recuse, 495 himself if he. was not legally or ethically required to do so. And I told him the decision was for him and for him alone to make. I don't think that's mauling. I don't think that's pressure. I don't think Roger-I don't think I just rolled over Roger Altman. I'm coming across a little stronger here than I came across in that meeting, although nobody is going to believe that at this point. But I do know what I said and I said the things I just described. Roger is a smart, savvy, tough guy in his own right. He was struggling with this issue, but when somebody comes to me, Senator-and I say this to Senator Bennett and the Chairman and to you-and says, Bernie, I'm going to recuse myself or I'm inclined to recuse myself because I think it's better, the Senate and Secretary Bentsen and Ms. Hanson told me that they agreed that it's better, but my ethics advisor tells me I have no legal or ethical obligation to do so, which means that there is no appearance problem either, because if there's an appearance problem then you can't say you have no legal or ethical obligation to do so, then I see somebody very frankly who is trying to duck doing his duty. And that to me is wrong. If he wants to duck doing his duty, you quit, you don't recuse. You don't recuse de facto, you don't recuse de jure, you do your duty. He had three ethics opinions, three ethics opinions. One be fore he came to me and two he got later on, saying he was not legally or ethically required to do so.
Donkey and baby
Pet bears
Chickens - most in "fairs"
Skunk, Coke and Telephone
Coca-Cola vending machine by window-- sale price visible is 10 cents. Adult Caucasian man holding skunk by the neck scruff, trying to give it some Coke from glass bottle; skunk struggles. Adult Caucasian female emerges from open window with rotary telephone. Man calmly sets down skunk on vending machine, takes call, trying to hold down skunk in same hand he's holding Coke bottle; when that does not work, he repeatedly picks up skunk up by hind legs, places it back on the vending machine, offering it a drink a few more times, all while talking on phone. The woman just watches.
Winner Of National Balloon Race Lands After 900 Mile Drift
High contrast, rolling images The Goodyear Zeppelin wins elimination contest in which fifteen start. Thunderstorm brings ten to earth although pilots throw everything overboard in their effort in stay aloft.
Smothers To Death In Barrel Leap Over Famous Cataract
High contrast, rolling images George L. Stathakis meets his doom in 'The Spirit of Niagara' in which he shoots over the Horseshoe Falls and through the rapids of the river below - one-hundred-and-fifty-year-old turtle, which he took with him, unharmed by trip. Foolish, dangerous stunt.
Endurance Flyers Break World Mark in 553 Hours, 41 mins.
High contrast, rolling grainy images Hunter Brothers in their second-hand monoplane finally land at the Sky Harbor Airport after smashing all records for continuous flight. Official barograph is sent to Washington. Single engine - single wing
Celebrate with huge bon-fire! - 100-foot pyre ignited on gallows hill, of witchcraft fame.
High contrast, rolling, jerky images Celebrate with huge bon-fire! - 100-foot pyre ignited on Gallows Hill, of witchcraft fame.
August 4, 1994 - Part 12
(00:05:28) What I fail to understand, with all due respect to the Senators here because I do have great respect for this Committee and this body, is why people-why I cannot seem to convince anybody or enough people, of the importance of the concept of doing your duty if there is no legal or ethical obligation to recuse yourself. That's what I'm not getting across and I feel so strongly about it, I feel it's the correct policy both in the judicial branch as well as for the Administration and I believe this Committee should support that position, but apparently Im Mr. NUSSBAUM. Senator Senator SHELBY. I want to ask you one last question because my time is running. In this same diary entry and I asked Mr. Eggle- ston---- Mr. NUSSBAUM. Yes. Senator SHELBY [continuing]. One of your associates, at one time, what did he mean by this and he said this is what he meant: Once again they, they the White House, were very concerned about him, Roger, turning the RTC over to people that you didn't know; in other words, you didn't have a relationship with. That's what Mr. Eggleston said right here at this meeting. Do you agree with that? In other words, why not let him recuse himself if you weren't conferenced about who was running the RTC? Mr. NUSSBAUM. No. Senator SHELBY. Somebody that would run down to the White Ouse and clear everything with you? NUSSBAUM. No, no. Senator SHELBY. That's what you were interested in. Senator SHELBY. I disagree with you, but I want to say this: You are an advocate, you're---I might hire you if I needed you as a lawyer, but I sure wouldn't hire you to Bennett won't 496 Mr. NUSSBAUM. No, it wasn't. Senator SHELBY. And it got Mr. Altman and yourself in deep trouble. Mr. NUSSBAUM. For better or worse, Mr. Altman was running RTC at that time. It may have been a mistake in retrospect him have these two hats for so long, I can see that, but for or worse he had the job then and he had no right in my under the policies I've talked about, to duck doing his job unless there was a legal or ethical obligation to recuse himself. Senator SHELBY. There was an ethical obligation and you mauled him and you know it. Mr. NUSSBAUM. There was no ethical obligation because even the OGE found he had no ethical obligation to recuse himself. He had three ethics opinions that he had no legal or ethical obligation to recuse himself Senator SHELBY. You are trying to bolster his confidence or bolster your position with him when he knew inside that he should step down and instead of you walking away from it and saying do what you think is best, basically, you beat up on him and you know you did. You did and you know it, I'm sure you did. The CHAIRMAN. Senator Bond. Senator BOND. Thank you very much, Mr. Chairman. Mr. Nussbaum, we had an opportunity last year, I believe, to meet under pleasanter circumstances and I trust we may have an opportunity again. Mr. NUSSBAUM. I hope so. Senator BOND. Count me in, though, as one who wholeheartedly endorses the position announced by the Chairman. Mr. NUSSBAUM. I lost another vote. Senator BOND. That's true. Mr. Nussbaum, you're Counsel to the White House, you received information on the nine criminal referrals. Also receiving them were other people in the White House. As Counsel, what directions did you give them about that information and how they should act on it? Mr. NUSSBAUM. What directions did I give other people at the White House? Senator BOND. Yes, you got hot stuff. Criminal referrals, nonpublic information. What did you tell them? Mr. NUSSBAUM. I told them that we received this information, there's going to be a leak. We should prepare ourselves to respond to that leak, that's what I told them. Senator BOND. That's the sum and substance? Mr. NUSSBAUM. That is the sum and substance, yes, sir. Senator BOND. You didn't have any concern that you ought to tell them not to share it with anybody, you ought to tell them that they should not destroy documents? Mr. Lindsey said he talked to Mr. Lyons, a political ally of the President, and they discussed the criminal referral. You know what Mr. Roelle said when he was before us, Mr. Roelle said that he warned Ms. Hanson not to tell the White House because that's where it would leak. When you got that nonpublic information, any Counsel worth his salt would tell the people that you got nonpublic information. Number one, you can't share it with people who don't have a legitimate Government 497 interest-I should note I don't agree with you that you had a legitimate Government interest. Number two, you can't do anything to destroy evidence or get rid of any evidence, and I don't think anybody here is willing to tell us under oath that documents didn't disappear, that things weren't altered, that files weren't searched on the basis of the nonpublic information which apparently, according to your testimony, not only did the President know, but it also went to Mr. Lyons. It may well have gone to Governor Tucker; it may have gone to others.
USAF Muffed Scenes Film
This film is a series of excerpts from a Hollywood feature length drama about United States Air Force pilots during World War Two. The catch is that the excerpts here are bloopers, flubs etc. by the all too serious cast. Basically, this is very, very funny material that doesn't show its age. All footage is in black and white. MS of two Air Force officers standing at a map, discussing the plans they must follow. Pan left as they further discuss the plans, then pan right as they move to a door that is stuck but they keep talking for a few seconds while trying to unjam the door. Cut. MS of two women in a tropical setting, mashing something in a barrel with staves of some sort. A scruffy male officer walks onscreen, heads slowly towards them and stops to watch them. Dark, gritty MS of two soldiers crouched in a foxhole, smoking cigarettes while lights flash around them (simulating bombs and such exploding around them). Heavy shadows, chiaroscuro. They talk solemnly to one another. A young one, on screen left, says to his buddy, an older guy on screen right, "You know what I wish? I wish I could remember my next line..." Cut. Back to the scruffy officer watching the women mash away. MS of three young pilots in an office type set. A slate claps in front of them, director yells, "Action!" One of the actors starts talking to the others in a pseudo-noir delivery while giving them each a cigarette. He lights one then tries to light another guy's but burns the guy's nose instead. Cut. MS of a young pilot and his gal sitting in a convertible talking. He pulls out a cigarette which she tries to light. She gives a speech that makes her character seem so likable but since the lighter won't kick she breaks and yells off screen, "I can't get this damn lighter to work!". Cut. Back to the mashers mashing away while the scruffy officer just smiles silently, occasionally shaking his head. MS of an officer walking briskly onto an office-type set. He pulls a file from a file cabinet then moves to a door on screen left only the doorknob falls off. He says something quickly, then tosses the knob off screen. A loud crash ensues. Back to the mashers... Two shot of a colonel and a soldier, the former seated at a desk while the latter stand before him. The colonel picks up the receiver the wrong way but doesn't notice until a production assistant's hand reaches onscreen to help him then waves to cut. The mashers again. The officer strokes his stubble, shakes his head. MS of Ronald Reagan, dressed as an officer, speaks to a classroom of pilots, a pointer in his hand and roll-down maps behind him. The maps suddenly roll up, giving the future president a good shock. MS of a dorky actor subbing for a real clapper boy, a convertible and a rear projection screen behind him. He tries to slate the take but gets his hand caught instead so he drops the slate and sucks on his finger. MS of a pilot flying in the cockpit of a fighter, rear projection screen of clouds and sky behind him when suddenly, in the middle of the dramatic take, two human figures, their outlines shadows, stroll nonchalantly by the screen. Cut! The director or cinematographer yells, "Who the hell is walking across that sky!"
Things You Never See In Pictures
(ON PREVIEW CASSETTE# 991130) Appears to be a copy of a copy, perhaps of another copy, judging by the gurgled, watered-down sound and the washed-out, overexposed images. Nevertheless this is a funny film, a collection of excerpts, flubs, mistakes and bloopers from old black and white movies of the thirties and forties. There are too many shots to describe, but the general idea is easily conveyed by listing some of the highlights... Basically, actors and actresses stumble their lines or just plain forget them, puncutating their flub with an out-of-character expletive, usually a "damn" or "goddamn" or "nuts" or "son of a bitch" but sometimes... well, you know, they exhibit a flair for the potty-mouth. Every genre in Hollywood is covered: drama, Western, romance, musical, action adventure and so on. None of the excerpts feature well-known stars of yesteryear, nor are they from recognizable flicks. A short series of flubs from one romantic comedy featuring the same man and woman making several goofs for the rolling camera such as: the woman rides a bike outdoors, starts to lose control so she tries to get off but is stuck and the man helps her off but he then he gets stuck, only to toss the bike away; the man rushes through a door too quickly and scares the woman on the other side who starts laughing; man forgets his next line so he starts dancing instead. There are a few physical pratfalls in the film, nothing dangerous, deadly or riotous. MS, zoom in to a young woman whose character is having a dramatic revelation. She says, "I will sing..." then says her lines in Spanish, unconsciously, then realizes it so switches back to English and then flubs her line. Seems to be B movie outtakes featuring not-marquee actors getting pissed at themselves for messing up, sometimes they're good-natured about it, usually not. MS of a glamor girl wearing a silk robe while siting languidly on a bed. She is crying, badly, offscreen until suddenly even she realizes it's bad so she breaks, slumps onto her back, says, "Shit!" while smiling. MS of a man and woman kissing. She's on her back. The director yells, "Cut!" but they won't stop so he yells even louder for them to "cut!" which they do only to start necking. Bloopers.
Beaver
TAPE 2 06:21:13 Logs and new mud on Beaver lodge ready for winter