5. Nancy Hernreich

Ms. Hernreich is Deputy Assistant to the President and Director of Oval Office Operations. Ms. Hernreich described her job as executing the President's daily schedule and managing his immediate secretarial staff. Hernreich 2/25/98 GJT at 4-7; Supplemental Materials (H. Doc. 105–316) at 1318–19. None of the conversations for which Ms. Hernreich claimed executive privilege involved official governmental matters and the privilege was overcome by the need for the information in the criminal investigation.

In addition, Ms. Hernreich is a clerical and administrative employee. She does not fall within the category of advisers covered by the privilege those "who have broad and significant responsibility for investigating and formulating the advice to be given the President on a particular matter." In Re Sealed Case, 121 F.3d 729, 752 (D.C. Cir. 1997). In this connection, the President did not assert executive privilege with respect to Betty Currie, who holds a similar job. The President contested the OIC's motion to compel Ms. Hernreich's testimony, but without explanation abandoned the claim immediately before the hearing. See Referral (H. Doc. 105310) at 207.

See the list, infra, for exact questions to which Ms. Hernreich asserted executive privilege.

Lying about Assertions of Executive Privilege

Several members of the Committee concluded that the President has lied at least twice about his claims of executive privilege. On March 24, while traveling in Africa, the President publicly stated that he did not know about the assertions of executive privilege and said that the press should ask someone who knows. A week earlier in a sealed filing, White House Counsel Chuck Ruff had filed a declaration in which he told the Court that he had discussed the matter with the President and that the President had directed him to assert the privilege. See Referral (H. Doc. 105-310) at 207– 08.

After Judge Johnson ruled against the President on May 27 on executive privilege with respect to Ms. Hernreich, Mr. Blumenthal, and Mr. Lindsey, he abandoned those claims of executive privilege. The OIC thought that the President would no longer claim the privilege in the grand jury. However, Mr. Breuer appeared in the grand jury on August 4 and again made broad claims of executive privilege. On August 11, Judge Johnson again ruled against the President. The same day, Ms. Mills appeared in the grand jury and made broad claims of executive privilege. On August 17, the President told the grand jury that he strongly felt that the original executive privilege decision should not be appealed. On August 21, he filed an appeal in the Breuer case. On August 28, Mr. Lindsey appeared before the grand jury and again asserted executive privilege even though the President had previously abandoned the claim. See Referral (H. Doc. 105-310) at 208-09. The White House later withdrew its appeal of the Breuer executive privilege case.

Questions on which Bruce Lindsey asserted executive privilege

1. Q. Have you received information from him [i.e. Ms. Currie's attorney], sir?

A. No, sir. Not directly.

Q. Directly or indirectly?

A. I don't believe that I can respond to that one. I think that would cover areas that are potentially privileged. Lindsey 2/18/98 GJT at 45; Supplemental Materials (H. Doc. 105-316) at 2355.

2. Mr. Lindsey claimed executive privilege for a typed statement about privileges that he brought in and read to the grand jury. Lindsey 2/18/98 GJT at 57-58; Supplemental Materials (H. Doc. 105-316) at 2357.

3. "Tell the grand jury about all conversations you had_about Monica Lewinsky at any time, including, say, since the first of 1998." Lindsey 2/18/98 GJT at 73-74; Supplemental Materials (H. Doc. 105-316) at 2359–60.

4. "As counsel for the presidency or the President, are you aware of any statements to you where the President has indicated that he wanted to limit disclosure of information in this matter, that being the Monica Lewinsky matter?" Lindsey 2/18/98 GJT at 76; Supplemental Materials (H. Doc. 105- 316) at 2360.

5. "Knowing that we may ask you those question, did you go to the President and ask the President whether or not he would waive attorney-client privilege or waive executive privilege?" Lindsey 2/ 18/98 GJT at 78; Supplemental Materials (H. Doc. 105-316) at

2360.

6. "Well, can we assume that if you had had that conversation and he [i.e. the President] had directed you to answer the questions and to waive the privilege, you'd be doing so today?" Lindsey 2/18/ 98 GJT at 84; Supplemental Materials (H. Doc. 105-316) at 2361.

7. "Can you tell us about those [i.e. conversations with the President about the Jones case]?" Lindsey 2/18/98 GJT at 84–85; Supplemental Materials (H. Doc. 105-316) at 2361.

8. "Will you tell the grand jurors what those facts [i.e. facts learned from the President about the Paula Jones matter] were?" Lindsey 2/18/98 GJT at 89-90; Supplemental Materials (H. Doc. 105-316) at 2362.

9. "Tell us what you discussed [with the President about Monica Lewinsky and the Paula Jones matter]." Lindsey 2/18/98 GJT at 90; Supplemental Materials (H. Doc. 105-316) at 2362.

10. "Did you tell the President that Monica Lewinsky was identified as a witness in the Paula Jones case?" Lindsey 2/18/98 GJT at 91; Supplemental Materials (H. Doc. 105-316) at 2362.

11. "Q. When did you first know that Monica Lewinsky was a witness in the Paula Jones case?

A. Can I ask my lawyer whether I can respond to that question? Q. Yes. Well, why don't you write that down? Why don't you write that down with your questions? From whom did you learn that Monica Lewinsky was identified as a witness? Actuallywell

A. Let me answer it. Without-well, I don't want to waive any privileges here. I certainly don't want to walk down that road.

Monica Lewinsky's name appeared on a witness list provided by the plaintiffs.

Q. From whom did you receive the witness list?

A. Again, you know, I-I'm-we're walking down that road. You know, I don't know if I can respond to that.

Q. When did you receive the witness list?

A. I think I can-well, let me see if I can answer when-Lindsey 2/18/98 GJT at 96-97; Supplemental Materials (H. Doc. 105-316) at 2363.

12. "Has there been a concerted effort known to you, either conducted out of your office or in some other office in the White House, that is designed to criticize the Independent Counsel investigation and this grand jury's work?" Lindsey 2/18/98 GJT at 103; Supplemental Materials at (H. Doc. 105- 316) 2364.

13. "What was discussed [between Mr. Lindsey and Vernon Jordan about the Paula Jones case on January 18]?" Lindsey 2/18/98 GJT at 108, 112; Supplemental Materials (H. Doc. 105-316) at 2365, 2366.

14. "What did you discuss [between Mr. Lindsey, Ms. Mills, and Vernon Jordan about the Paula Jones case on January 19]?" Lindsey 2/18/98 GJT at 113; Supplemental Materials (H. Doc. 105316) at 2366.

15. After this exchange, Mr. Lindsey was asked a number of questions about when he would assert executive privilege that repeated the questions set out above and his assertions of the privilege. Lindsey 2/18/98 GJT at 115-22; Supplemental Materials (H. Doc. 105-316) at 2366–68.

16. "What was discussed at the meeting the subject-I mean, the substance of the meeting [among Mr. Lindsey, Ms. Mills, Mr. Ruff, the President, and the First Lady on February 17]. I am now asking you." Lindsey 2/19/98 GJT at 7; Supplemental Materials (H. Doc. 105-316) at 2389.

17. "What was the substance of what occurred at the meeting [among Mr. Lindsey, Ms. Mills, Mr. Ruff, Mr. Breuer, Mr. Eggleston, and the President on February 18]?" Lindsey 2/19/98 GJT at 8; Supplemental Materials (H. Doc. 105-316) at 2389.

18. "What did you talk about at this meeting [among Mr. Lindsey, the President's private lawyers, and the President] on the [January] 17th-before the [President's] deposition?" Lindsey 2/19/ 98 GJT at 11; Supplemental Materials (H. Doc. 105-316) at 2389. 19. "What was discussed with regard to Monica Lewinsky [among Mr. Lindsey, the President's private lawyers, and the President during the breaks in the President's deposition]?" Lindsey 2/19/98 GJT at 13; Supplemental Materials (H. Doc. 105-316) at 2390.

20. "Again what was discussed at that meeting [among Mr. Lindsey, Mr. Bowles, and the President shortly after the President's deposition]?" Lindsey 2/19/98 GJT at 14; Supplemental Materials (H. Doc. 105-316) at 2390.

21. "At any of these meetings that occurred that day-that is, the day of the [January] 17th-did Betty Currie's name come up?" Lindsey 2/19/98 GJT at 14; Supplemental Materials (H. Doc. 105316) at 2390.

22. "What was said during that conversation [i.e. Mr. Lindsey's phone conversation with the President in the early morning hours

of January 21, the day the Lewinsky story was first published in the Washington Post]?" Lindsey 2/19/98 GJT at 42; Supplemental Materials (H. Doc. 105-316) at 2394.

23. "What did he [Mr. McCurry] say occurred [in a meeting among White House staff in the morning of January 21, the day the Lewinsky story was first published in the Washington Post]?" Lindsey 2/19/98 GJT at 44; Supplemental Materials (H. Doc. 105316) at 2395.

24. "And you will not tell us about the substance of what occurred with your conversation with Mr. McCurry [about a meeting among White House staff in the morning of January 21, the day the Lewinsky story was first published in the Washington Post]?" Lindsey 2/19/98 GJT at 45; Supplemental Materials (H. Doc. 105316) at 2395.

25. "Tell us everything that occurred in the 10 minutes that you talked about the Monica Lewinsky matter [in a meeting among White House Counsel's Office staff, White House press staff, and the President on January 21, the day the Lewinsky story was first published in the Washington Post]?" Lindsey 2/19/98 GJT at 48; Supplemental Materials (H. Doc. 105-316) at 2395.

26. "What did you talk to him [the President's personal aide, Stephen Goodin] about [shortly after the Lewinsky story broke]?" Lindsey 2/19/98 GJT at 49; Supplemental Materials (H. Doc. 105316) at 2396.

27. "What did you [Mr. Lindsey] say, and what did he [Mr. McGrath, an attorney for a witness] say [in a telephone conversation that occurred in early February]?" Lindsey 2/19/98 GJT at 51; Supplemental Materials (H. Doc. 105–316) at 2396.

28. "What did you [Mr. Lindsey and Mr. Podesta's lawyer] talk about [in a conversation that occurred in early February]?" Lindsey 2/19/98 GJT at 53; Supplemental Materials (H. Doc. 105-316) at 2396.

29. "You know they [i.e. other attorneys in the White House Counsel's Office] have [spoken to Betty Currie's attorney]? How do you know that?" Lindsey 2/19/98 GJT at 54; Supplemental Materials (H. Doc. 105–316) at 2396.

30. "Q. Are you prepared to answer any questions about conversations you are aware of about Monica Lewinsky that occurred among White House staff?

A. I believe the answer is that I'm not because of the reasons I stated: the presidential communication, the deliberative process, and/or the attorney-client privilege." Lindsey 2/19/98 GJT at 59; Supplemental Materials (H. Doc. 105-316) at 2397.

31. "Are you prepared to tell us about your discussion with Lanny Breuer about that [i.e. Mr. Breuer's conversation with the attorney for witness, Michael McGrath]?" Lindsey 2/19/98 GJT at 60; Supplemental Materials (H. Doc. 105–316) at 2397.

32. Towards the end of Mr. Lindsey's appearance before the grand jury on February 19, he gave a lengthy explanation of his view of the various privileges that he claimed. Lindsey 2/19/98 GJT at 64-79; Supplemental Materials (H. Doc. 105-316) at 2399–401. 33. "And you decline to answer either one-the substance of either one [of Mr. Lindsey's meetings with Mickey Kantor, one of the

President's private attorneys, after January 20th]?" Lindsey 2/19/ 98 GJT at 81; Supplemental Materials (H. Doc. 105-316) at 2401. 34. "Are you prepared to discuss the substance of what you heard [from other members of the White House Counsel's Office about the testimony of White House steward Bayani Nelvis]?" Lindsey 2/19/ 98 GJT at 82; Supplemental Materials (H. Doc. 105-316) at 2401. 35. "Q. Mr. Lindsey, my understanding from discussions with your attorney is, at least as of now, you are going to claim all the privileges you've mentioned with respect to which individuals [i.e. grand jury witnesses], if any, you received information [i.e. how they testified] about; is that correct?

A. That is correct, yes, sir." Lindsey 2/19/98 GJT at 83-84; Supplemental Materials (H. Doc. 105- 316) at 2401.

36. "Okay. Who was that [who asked him why Mr. Lindsey why he did not return Linda Tripp's page in the summer of 1997 regarding Kathleen Willey]?" Lindsey 3/12/98 GJT at 16-17; Supplemental Materials (H. Doc. 105-316) at 2406-07.

37. "Did the President seem concerned about the number of deposition questions he was asked pertaining to Monica Lewinsky when you spoke to him after the deposition?" Lindsey 3/12/98 GJT at 18; Supplemental Materials (H. Doc. 105-316) at 2407.

38. "Was the President concerned about the number of deposition questions asked about Monica Lewinsky?" Lindsey 3/12/98 GJT at 20; Supplemental Materials (H. Doc. 105-316) at 2407.

39. "My question would be after that weekend [i.e. the weekend immediately after the Lewinsky story broke], aside from anything that might have been reported in the press, did you hear directly or indirectly that she [i.e. Betty Currie] might have been talking to representatives from our office?" Lindsey 3/12/98 GJT at 27-28; Supplemental Materials (H. Doc. 105-316) at 2409...

40. "Did Vernon Jordan ever tell you that President Clinton should settle the Paula Jones matter?" Lindsey 3/12/98 GJT at 3132; Supplemental Materials (H. Doc. 105-316) at 2410.

41. "I had asked you how much of your discussion with Vernon Jordan was related to settlement and you are invoking the privilege on that?" Lindsey 3/12/98 GJT at 36; Supplemental Materials (H. Doc. 105-316) at 2411.

42. "Did you discuss with him [Vernon Jordan] or did he discuss with you how much money would be needed to settle the case and who would raise it?" Lindsey 3/12/98 GJT at 37; Supplemental Materials (H. Doc. 105-316) at 2412.

43. "Can you tell us what that conversation [among Mr. Lindsey, Ms. Mills, and Mr. Jordan on January 19] was about?" Lindsey 3/ 12/98 GJT at 39; Supplemental Materials (H. Doc. 105-316) at 2412.

44. "Okay. And what was the reason that he [Mr. Jordan] was there [at the January 19 meeting among Mr. Lindsey, Ms. Mills, and Mr. Jordan]?" Lindsey 3/12/98 GJT at 40; Supplemental Materials (H. Doc. 105–316) at 2412.

45. "Q. Are your claiming a privilege as to any Monica Lewinsky/ Paula Jones discussions you may have had with the First Lady?

A. I consider at a minimum the First Lady to be an advisor to the President, yes." Lindsey 3/12/98 GJT at 47; Supplemental Materials (H. Doc. 105-316) at 2414.