1. Language borrowed from Articles of Impeachment
Adopted by the Committee on
the Judiciary of the House of Representatives,
Summer 1974.
2. Judicial Watch is a non-partisan, public
interest law firm that uses the courts to fight
corruption in the government and legal profession.
See Summary of Judicial Watch
Cases and Lists of Judicial Watch Depositions,
attached collectively as Appendix
Exhibit 1.
3. Amended Complaint, Dolly Kyle Browning,
et al. v. William Jefferson Clinton, et
al., No. 98-1991 (D.D.C. filed September 14,
1998), attached as Appendix Exhibit
187.
4. Complaint, Alexander, et al. v. Federal
Bureau of Investigation, et al., C.A. Nos.
96-2123/97-1288 (D.D.C. filed September 12,
1996/June 9, 1997), attached as
Appendix Exhibit 2 ("Alexander v. FBI").
5. 5 Jonathan Broder & Harry Jaffe, "Clinton's
Sexual Scorched-Earth Plan," Salon,
August 5, 1998, attached as Appendix Exhibit
3.
6. 6 Id.
7. 7 Id.
8. 8 Id.
9. Jamie Dettmer, "A National Lampoon," Insight
Magazine, September 21, 1998,
attached as Appendix Exhibit 4.
10. Id.
11. Edward Walsh, "Burton Fathered Child In
Extramarital Affair," The Washington
Post, September 5, 1998, at A1, attached as
Appendix Exhibit 5.
12. Stephen Talbot, "Newt's Glass House," Salon
Magazine, August 28, 1998,
attached as Appendix Exhibit 6.
13. David Talbot, "This Hypocrite Broke Up
My Family," Salon Magazine,
September 16, 1998, attached as Appendix Exhibit
7.
14. A record maintained in violation of this
prohibition need not even be kept in a
"system of records." Boyd v. Secretary of
the Navy, 709 F.2d 684, 687 (11th Cir.
1983); Clarkson v. IRS, 678 F.2d 1368, 1373-77
(11th Cir. 1982); Albright v.
United States (I), 631 F.2d 915, 918-20 (D.C.
Cir. 1980).
15. Memorandum Opinion at 3-7, Alexander v.
FBI, June 12, 1997, attached as
Appendix Exhibit 8.
16. Clarkson v. IRS, 678 F.2d 1368, 1372 (11th
Cir. 1982); Murphy v. NSA, 2
Gov't Disclosure Serv. (P-H) ¶ 81,389,
at 82,036-37 (D.D.C. September 29, 1981);
see also OMB Guidelines, 40 Fed.Reg. 56,741,
56,742 (1975).
17. 17 Secret Service WAVES Logs, attached as Appendix Exhibit 9.
18. 18 House Comm. On Gov't Reform and Oversight,
Investigation into the White
House and Dept. of Justice on Security of
FBI Background Files, H.R. Doc. No. 862,
104th Cong., 2nd Sess. 62-65 (1996) ("House
Report"), attached as Appendix Exhibit
10.
19. 19 House Report at 55 & 59, attached as Appendix Exhibit 10.
20. 20 Defendant's Response to Request #3,
Alexander v. FBI, (showing requests by
White House personnel for access to FBI background
investigation files or summary
reports on former Reagan and Bush Administration
appointees and employees, the
dates requested and the dates returned), attached
as Appendix Exhibit 11.
21. "White House Contradicted on FBI Files,"
The Washington Post, at A1, October
5, 1996, attached as Appendix Exhibit 12.
22. Deposition of Mari Lynn Anderson ("Anderson
Depo."), at 354-360, May 7,
1998, attached as Appendix Exhibit 13.
23. Id. at 287-89.
24. Office of Personnel Security Logs, attached
as Exhibit 13 to Anderson Depo.,
attached as Appendix Exhibit 14.
25. Lucianne Goldberg, Linda Tripp's literary
agent, confirmed this in part to CBS
News on July 6, 1998. See CBS New Transcript,
Monday, July 6, 1998, attached as
Appendix Exhibit 15. Ms. Goldberg also has
routinely discussed Ms. Tripp's
knowledge of "Filegate" on Fox News Channel.
26. Brian Bloomquist, "Tripp: Telling the Truth's
Very Easy," The New York Post, July
1, 1998, attached as Appendix Exhibit 16.
27. Tony Snow, "Tripp: 'Fear is a magnificent
motivator,'" The Detroit News, Monday,
August 3, 1998, attached as Appendix Exhibit
17 .
28. "Starr Finally Confronts His Target," The
New York Times, August 17, 1998,
attached as Appendix Exhibit 18.
29. Williams & Connolly Press Release, attached as Appendix Exhibit 19.
30. Deposition of Terry Lenzner ("Lenzner Depo.")
at 90-91, March 13, 1998,
attached as Appendix Exhibit 20.
31. Id. at 85-90.
32. Freeh Statement, attached as Appendix Exhibit 21.
33. Lenzner Depo. at 70-78, 284-85, attached
as Appendix Exhibit 20. Among
members of the judiciary Lenzner has apparently
investigated are Justice Clarence
Thomas, Judge Robert Bork and other judges
who work in the District of Columbia.
Id. at 284-86.
34. Id. at 67-85, 231-244.
35. Id. at 362; see also id. at 364 (Lenzner
admitting, however disingenuously, that he
had not been retained to investigate Judicial
Watch, Inc., but refusing to answer
whether he had been retained to investigate
Landmark Legal Foundation).
36. Matt Beer, "As GOP Calls for Probes, Hyde
Scoop Source Exposed," San
Francisco Examiner, September 18, 1998, at
A6, attached as Appendix Exhibit 22.
37. Motion of President Clinton to Intervene,
Alexander v. FBI, August 31, 1998,
attached as Appendix Exhibit 23.
38. Transcript of Weekly Roundtable at 2-3,
February 8, 1998, attached as Appendix
Exhibit 24.
39. Excerpt from Seymour M. Hersch, "The Dark
Side of Camelot," at 387-411,
attached as Appendix Exhibit 25.
40. The Court sharply rebuked Stephanopoulos
after he obviously failed to search for
documents responsive to the subpoena duces
tecum Judicial Watch served on him, but
falsely testified at deposition that he had.
"This leads the court to conclude that
Stephanopoulos failed to conduct any search
for responsive documents and did so
without explanation, and that some of his
deposition testimony on this point is not
truthful." Order at 25, n. 4, Alexander v.
FBI, May 28, 1998, attached as Appendix
Exhibit 26. In addition to having been found
to have lied to the Court, Stephanopoulos
was also ordered to be redeposed, and to pay
Judicial Watch's attorneys fees and
costs. Id. at 26.
41. Stephanopoulos still maintains close contact
with officials of The White House and
allies such as James Carville, with whom he
speaks at least several times a day.
Deposition of George Stephanopoulos ("Steph.
Depo.") at 43-44, March 9, 1998,
attached as Appendix Exhibit 27. He appears
to be a conduit of information from the
White House to the public, using his mantle
at ABC and Newsweek in part to
broadcast White House threats.
42. Jane Mayer, "Portrait of a Whistleblower,"
The New Yorker, at 34, March 23,
1998, attached as Appendix Exhibit 28.
43. Dick Morris, "Bill's Secret Police," The
New York Post, March 17, 1998, attached
as Appendix Exhibit 29.
44.
44 Deposition of Clifford Bernath ("Bernath
Depo.") at 270:9-10, 319:19-320:16,
April 30, 1998, attached as Appendix Exhibit
30.
45. 45 Id. at 319:19-320:16.
46. 46 Id. at 321:2-7.
47. 47 Transcript of Motions Hearing, Alexander
v. FBI, at 43-45, April 30, 1998,
attached as Appendix Exhibit 31.
48. 48 Deposition of Kenneth Bacon ("Bacon
Depo.") at 195:4-196:12, May 15,
1998, attached as Appendix Exhibit 32.
49. 49 Id. at 211:4-22.
50. 50 Id. at 236:6-8.
51.
51 Transcript of Fox News Sunday, at 9, April
26, 1998, attached as Appendix Exhibit
33.
52. 52 Id.
53. 53 Id.
54. 54 Id.
55. 55 Bacon Depo. at 354:14-20.
56. 56 Id. at 362:20-363:15.
57. Id. at 364:02-367:09.
58.
58 Id. at 301:1-20.
59. 59 Id. at 296:20-298:7.
60. 60 Deborah Orin & Brian Blomquist,
"Pentagon Admits Leaking Tripp's Personnel
Files," New York Post, March 18, 1998, attached
as Appendix Exhibit 34.
61. 61 Memorandum Opinion at 38, Alexander
v. FBI, July 10, 1998, attached as
Appendix Exhibit 35.
62. 62 Id.
63.
63 Bacon Depo. at 388:2-3, attached as Appendix Exhibit 32.
64. 64 Id. at 385:6-388:3.
65. 65 Bill Sammon, "Tripp Leak Violated Policy
at Pentagon," The Washington
Times, June 8, 1998, attached as Appendix
Exhibit 36.
66. 66 Bacon Depo., at 387:7-9, attached as Appendix Exhibit 32.
67. Defendant's Response to Request #3, Alexander
v. FBI, (showing requests by
White House personnel for access to FBI background
investigation files or summary
reports on former Reagan and Bush Administration
appointees and employees, the
dates requested and the dates returned), attached
as Appendix Exhibit 11.
68. "Text of Linda Tripp's Remarks," The Washington
Post, July 29, 1998, attached
as Appendix Exhibit 37.
69. Deposition of Terry Good ("Good Depo.")
at 226-27, 257, 273-74, 277, 279,
282-85, attached as Appendix Exhibit 38.
70.
70 Id. at 273:22-274:13.
71. 71 Bill Sammon, "White House Combed Tripp
File as Scandal was Breaking," The
Washington Times, at A10, July 17, 1998, attached
as Appendix Exhibit 39.
72. 72 Id.
73. Good Depo. at 189; 226-227; 257; 265-66, attached as Appendix Exhibit 38.
74. Id. at 257; 273-74; 277-81; 284-85.
75.
75 Peter Baker, "Clinton Told Jones Team He
Had No Willey Notes," The
Washington Post, at A1, March 29, 1998, attached
as Appendix Exhibit 40.
76. Press Briefing of Mike McCurry at 6, March
17, 1998, attached as Appendix
Exhibit 41.
77. Deposition of James Carville ("Carville
Depo.") at 239:10-240:17, March 16,
1998, attached as Appendix Exhibit 42.
78. Deposition of Thomas F. McLarty, III ("McLarty
Depo.") at 261:6-262:17,
August 5, 1998, attached as Appendix Exhibit
43.
79. Excerpt from President Clinton's Grand
Jury Testimony at 8, August 17, 1998, as
published by The Washington Post, attached
as Appendix Exhibit 44.
80. Id. at 9 ("But, now when '60 Minutes' came
with the story and everybody blew it
up, I thought we would release it.").
81. Id. at 8.
82. In January, 1998, Carville publicly "declared
war"on Independent Counsel
Kenneth Starr. See Transcript of "Meet the
Press," at 16, January 25, 1998, attached
as Appendix Exhibit 45.
83. The Court strongly rebuked Carville and
his counsel for their efforts to delay
Carville's deposition, finding that they had
tried to misled the Court: "In light of the
entire panoply of facts currently before the
court, the only logical conclusion this court
can reach is that [Carville's counsel] and
Carville sought to mislead the court from the
outset and to delay this deposition. There
is simply no other explanation as to why
Marsh [of the law firm of McDaniel and Marsh]
and Carville have not been completely
forthcoming with the court from the outset
of this unnecessary travail." Memorandum
and Order at 12-13, Alexander v. FBI, March
13, 1998, attached as Appendix
Exhibit 46.
84. Documents from the files of Carville's
EIP on Starr, Aldrich, Scaife and Sipple,
attached collectively as Appendix Exhibit
47.
85. Id.
86. Proposal Outline and EIP's Next Target:
Dan Burton, EIP Memos to Carville,
attached as Appendix Exhibit 47.
87. Carville Depo. at 194:20-195:14; 256:5-15, attached as Appendix Exhibit 42.
88. Deposition of Thomas P. Janenda at 9:10-10:14;
19:14-20:1; 55:21-57:15;
147:6-148:17; 261:16-262:2, April 16, 1998
("Janenda Depo.") attached as Appendix
Exhibit 48.
89. Deposition of Lanny Davis at 28:20-78:8,
July 30, 1998 ("Davis Depo."), attached
as Appendix Exhibit 49.
90. Contrary to impressions he provides on
television, Mr. Davis remains a close
Clinton adviser to this day. "White House
Gets Outsiders' Advice," The Washington
Post, September 26, 1998, attached as Appendix
Exhibit 50.
91. Id. at 195:6-197-15.
92. Id. at 197:16-200:2.
93. Id. at 200:5-7.
94. Id. at 216:16-217:8.
95. Id. at 221:14-16.
96. Id. at 224:17-225:1.
97. Id. at 233:19-234:3. Davis later acquired
the help of interns to help maintain these
files,
which were kept in a file drawer and in a gray
filing cabinet in his office. Id. at
201:22-202:21;
207:19.
98. Id. at 219:13-221:8-13; 236:2-12; 239:5-11.
99. Id. at 195:14-16; 221:18-21; 224:20-225:1; 236:5-6.
100. Id. at 196:7-197:15.
101. Id. at 196:14-19.
102. Id. at 256:14-20.
103. Id. at 204:17-206:1, 237:10-238:22. Davis
also admitted to disclosing
information from Starr's file to persons inside
the Clinton White House. Id. at 207:1-9.
104. Id. at 241:15-242:3.
105. "White House Gets Outsiders' Advice,"
The Washington Post, September 26,
1998, attached as Appendix Exhibit 50.
106. Deposition of Harold Ickes ("Ickes Depo.")
at 386-436, May 21, 1998, attached
as Appendix Exhibit 51; Id. at Exhibit 11.
107. William Safire, "Unclosed Filegate, On
a Burner Too Far Back," The New York
Times, July
23, 1998 ("Starr has never come to closure.
Years passed . . . . Fortunately for the
public interest in privacy, an organization
called Judicial Watch launched a class action
suit on behalf of people whose files had been
unlawfully examined."), attached as
Appendix Exhibit 52.
108. McLarty Depo. at 47, attached as Appendix Exhibit 43.
109. Good Depo. at 296-301; 344, attached as Appendix Exhibit 38.
110. Deposition of Mandy Grunwald ("Grunwald
Depo.") at 138, April 23, 1998,
attached as Appendix Exhibit 53.
111. Geraldo Rivera routinely boasts about his "Presidential sources."
112. The above substantial and credible evidence
shows the likely violation of the
following federal laws: 5 U.S.C. § 552a
(the Privacy Act), 18 U.S.C. § 1503
(obstruction of justice), 18 U.S.C. §
1505 (obstruction of proceedings before
departments, agencies, and committees), 18
U.S.C. § 1510 (obstruction of criminal
investigation), 18 U.S.C. § 1512 (tampering
with a witness, victim, or an informant), 18
U.S.C. § 1513 (retaliating against a
witness, victim, or an informant), 18 U.S.C. §
1621 (perjury), 18 U.S.C. § 1622 (subornation
of perjury), and 18 U.S.C. § 2071(b)
(concealment, removal, or mutilation of public
records).
113. WJC publishes news at its sophisticated
Internet site
(http://www.worldnetdaily.com).
114. "Scandals: Misusing the IRS," New York
Post, February 2, 1997, attached as
Appendix Exhibit 54.
115. "IRS Clears WJC in 'Political' Audit,"
WorldNetDaily.com, June 16, 1997,
attached as Appendix Exhibit 55.
116. Western Center for Journalism, d.b.a.,
Western Journalism Center v. Thomas
Cederquist, et al., Civ. S-98-0872 (MLS) (JFM)
(E.D. Cal. filed May 13, 1998),
attached as Appendix Exhibit 56. The lawsuit
is before the United States District Court
in Sacramento, California, near WJC's headquarters
in Fair Oaks, California.
117. Joseph Farah and Sarah Foster, "Just How
Political has the IRS Become? At
Least 20 Groups Critical of Clinton Targeted,"
WorldNetDaily.com, June 24, 1997,
attached as Appendix Exhibit 57.
118. "Organizations Targeted by IRS," WorldNetDaily.com,
June 24, 1997, attached
as Appendix Exhibit 58.
119. Rowan Scarborough, "PBS Story on IRS Audits
of Media Called Not
'Credible,'" The Washington Times, January
25, 1997, attached as Appendix Exhibit
59.
120. Investigation of the White House Travel
Office Firings and Related Matters,
Committee on Government Reform and Oversight,
H. Rept. 104-849, at 102-108
(1996), attached as Appendix Exhibit 60.
121. Id. at 28-29, 102-108, attached as Appendix Exhibit 61.
122. Id.
123. Id.
124. Information Document Request, U.S. Department
of the Treasury - IRS, August
16, 1996, attached as Appendix Exhibit 62.
125. Joseph Farah, "The White House Plays Politics
With the IRS," The Wall Street
Journal, October 22, 1996, attached as Appendix
Exhibit 63.
126. Jane Sherburne, "Task List," December
13, 1994, republished in Investigation of
the White House Travel Office Firings and
Related Matters, Committee on
Government Reform and Oversight, H. Rept.
104-849, at 759-71 (1996), attached as
Appendix Exhibit 64.
127. Id. at 765.
128. John F. Harris & Peter Baker, "White
House Memo Asserts a Scandal Theory,"
The Washington Post, January 10, 1997, at
A1, attached as Appendix Exhibit 65.
129. Overview, attached as Appendix Exhibit 66.
130. Sarah Foster, "IRS 'Political' Audit Kills
Journal," WorldNetDaily.com, July 21,
1997, attached as Appendix Exhibit 67.
131. The above substantial and credible evidence
shows the likely violation of the
following federal laws: 26 U.S.C. § 7212
(attempts to interfere with administration of
internal revenue laws), 18 U.S.C. § 1512
(tampering with a witness, victim, or an
informant), and 18 U.S.C. § 1513 (retaliating
against a witness, victim, or an
informant).
132. Affidavit of Nolanda Butler Hill ("Hill
Affidavit") at para. 7, January 17, 1998,
attached as Appendix Exhibit 68.
133. Transcript of Evidentiary Hearing at 66-67,
76, Judicial Watch, Inc. v. U.S.
Department of Commerce, No. 95-0133 (D.D.C.)
("March 23, 1998 Hearing"),
attached as Appendix Exhibit 69.
134. Commerce trade missions and so-called
"business development conferences"
included trips in 1993 to Tokyo, Saudi Arabia,
France, Venezuela, South Africa,
Mexico, and Russia. In 1994, they included
trips to the Middle East, Russia (two
trips), Poland, South Africa, Latin America,
China, Indonesia, Northern Ireland and
Ireland, and Belgium. In 1995, they included
trips to India, the Middle East, Belgium,
Spain, China, Latin America, Senegal, France
(two trips), Switzerland, the
Netherlands, Germany, the Middle East, Spain,
Ireland, South Africa, Bosnia and
Croatia, and Brazil, Argentina, and Chile.
135. Susan B. Garland, "Clinton Cozies Up to
Business -- Corporate Gifts to the
DNC Have Reached Unprecedented Levels," Business
Week, September 12, 1994;
Helene Cooper and Rick Wartzman, "Traveling
Pals -- How Ron Brown Picks Who
Joins His Trips Abroad Raises Doubts -- Commerce
Chief Takes Along Many Big
Contributors to Democratic Groups," The Wall
Street Journal, September 9, 1994,
attached collectively as Appendix Exhibit
70.
136. Complaint for Declaratory and Injunctive
Relief, Judicial Watch, Inc. v. U.S.
Department of Commerce, No. 95-0133 (D.D.C.
filed January 19, 1995) ("Judicial
Watch v. Commerce"),
attached as Appendix Exhibit 85.
137. Chronology: A History of Clinton Administration
Obstruction in the Continuing
Suit which Uncovered John Huang, the Unauthorized
Removal of Classified Satellite
Encryptions and CIA Reports from the Commerce
Department, and Caused the
Chinagate Scandal at 23-24, Judicial Watch
v. Commerce, May 26, 1998, attached
as Appendix Exhibit 71.
138. "The Managing Trustee Program" and "Memorandum
from Ann Cahill to Martha
Phipps, Re: White House Activities," May 5,
1994, collectively attached as Appendix
Exhibit 72.
139. "DNC Managing Trustee Events & Member
Requirements," attached as
Appendix Exhibit 73; see also "The Alexis
Nexis," The American Spectator, March
1997, attached as Appendix Exhibit 74.
140. DNC "Minority Donors List," attached as Appendix Exhibit 75.
141. Clinton Commerce Department Office of
Business Liaison Memos (from Sally
Painter to Melissa Moss), attached collectively
as Appendix Exhibit 76.
142. "Memorandum from Eric Silden Re: Trade
Mission to Russia," January 13, 1994,
attached as Appendix Exhibit 77.
143. On Friday, September 25, 1998, the Court
ordered that motions for orders to
show cause be issued and served on Leon Panetta,
John Podesta, and others.
Recently, on September 11, 1998, the Court
also ordered discovery of the DNC and
Messrs. Rosen and McAuliffe, among others.
144. Defendant's Motion for a Protective Order,
Judicial Watch v. Commerce, April
9, 1997, attached as Appendix Exhibit 78.
145. Huang lied about most of these issues
in his Judicial Watch deposition and would
normally have faced prosecution for perjury,
but for Janet Reno's Justice Department.
The Clinton Justice Department has not even
questioned Huang. Judicial Watch will
seek accountability for perjury by Huang in
its lawsuit. See "John Huang: In His Own
Words," Fox News, October 24, 1997, attached
as Appendix Exhibit 79.
146. Nolanda Hill would later tell reporter
and Judicial Watch adviser Andy Thibault
that "the waiver signature and the [Wang Jun]
meeting with Ron [Brown] was
significant - it was no coincidence. . . .
Ron [Brown] assured Clinton he had taken care
of Charlie Trie's people. That is the real
story." See "What Ron Brown Said About the
Chinese" at 2, NewsMax.com, September
23, 1998, attached as Appendix Exhibit 80.
147. Secretary Brown himself was scheduled
to testify in the Judicial Watch lawsuit but
was killed in Croatia April 3, 1996, before
he could do so.
148. March 23, 1998 Hearing at 55-56, attached as Appendix Exhibit 69.
149. Hill Affidavit at para. 7, attached as Appendix Exhibit 68.
150. March 23, 1998 Hearing at 58, attached as Appendix Exhibit 69.
151. Id.
152. Id. at 60-61.
153. Id. at 76.
154. Id. at 63.
155. Id. at 66-67, 118.
156. Id. at 68-69.
157. Id. at 99-100.
158. Hill Affidavit at para. 11, attached as Appendix Exhibit 68.
159. March 23, 1998 Hearing at 61, attached as Appendix Exhibit 69.
160. Id.
161. "DNC Managing Trustee Events & Member
Requirements," attached as
Appendix Exhibit 73; see also "The Alexis
Nexis," The American Spectator, March
1997, attached as Appendix Exhibit 74.
162. "The Managing Trustee Program" and "Memorandum
from Ann Cahill to Martha
Phipps Re: White House Activities," May 5,
1994, attached collectively as Appendix
Exhibit 72.
163. Id.
164. DNC "Minority Donors List," attached as Appendix Exhibit 75.
165. "Memorandum from Eric Silden Re: Trade
Mission to Russia," January 13, 1994,
attached as Appendix Exhibit 77.
166. "Tripping With the Secretary: Ron Brown's
Foreign Trade Missions," The Center
for Public Integrity Web Site, attached as
Appendix Exhibit 81.
167. Judicial Watch filed a third FOIA request
on October 19, 1994, attached as
Appendix Exhibit 82.
168. Judicial Watch letter to Melissa Moss,
October 19, 1994, attached as Appendix
Exhibit 83.
169. Id.
170. Id.; Melissa Moss letter to Judicial Watch,
October 19, 1994, attached as
Appendix Exhibit 84.
171. Judicial Watch letter to Melissa Moss,
October 19, 1994, attached as Appendix
Exhibit 83.
172. March 23, 1998 Hearing, at 114, attached as Appendix Exhibit 69.
173. Complaint for Declaratory and Injunctive
Relief, Judicial Watch v. Commerce,
January 19, 1995, attached as Appendix Exhibit
85.
174. Department of Commerce letter to Judicial
Watch, April 4, 1995, attached as
Appendix Exhibit 86.
175. Order, Judicial Watch v. Commerce, May 16, 1995, attached as Exhibit 87.
176. Communications from the Clinton White
House to the DNC concerning the sale
of seats on trades missions were later found
in the files of former White House Chief of
Staff Harold Ickes, as well as in the files
of Alexis Herman, now the Secretary of
Labor. See "The Managing Trustee Program"
and "Memorandum from Ann Cahill to
Martha Phipps Re: White House Activities,"
May 5, 1994, attached collectively as
Appendix Exhibit 72.
177. A Vaughn index essentially is an inventory
of documents that the government has
identified as being responsive to a FOIA request,
but which the government claims are
exempt from production under FOIA. In a proper
Vaughn index, the government
should provide the author, date and subject
of an exempt document, along with other
identifying information, and the reason why
the document is being withheld. The
purpose of a Vaughn index is to provide a
court with enough information about a
document to determine whether it is properly
being withheld.
178. Memorandum and Order at 2, Judicial Watch
v. Commerce, February 1, 1996,
attached as Appendix Exhibit 88.
179. Id. at 6, 8-9.
180. Memorandum Opinion at 39, Judicial Watch
v. Commerce, September 5, 1996,
attached as Appendix Exhibit 89.
181. Id. at 2-3.
182. Hill Affidavit, at paras. 8, 10, attached as Appendix Exhibit 68.
183. Complaint at para. 9, Judicial Watch v.
Commerce, January 19, 1995, attached
as Appendix Exhibit 85.
184. Excerpts of Weekly Reports from Commerce
Secretary Ron Brown to White
House Chief of Staff Leon Panetta, attached
as Appendix Exhibit 90; see also March
23, 1998 Hearing at 78-79, attached as Appendix
Exhibit 69.
185. Hill Affidavit, at para. 9, attached as Appendix Exhibit 68.
186. March 23, 1998 Hearing at 88, attached as Appendix Exhibit 69.
187. Excerpts of Weekly Reports from Commerce
Secretary Ron Brown to White
House Chief of Staff Leon Panetta, attached
as Appendix Exhibit 90; see also March
23, 1998 Hearing at 78-79, attached as Appendix
Exhibit 69.
188. March 23, 1998 Hearing at 85-86, attached as Appendix Exhibit 69.
189. Ironically, Judicial Watch had been scheduled
to depose Secretary Brown the
week of his Croatia trip. It was postponed
at his request.
190. Id. at 100-101.
191. Declaration of Ronald H. Brown, March
14, 1996, attached as Appendix Exhibit
91.
192. Transcript of Motions Hearing at 40-41,
August 7, 1996, attached as Appendix
Exhibit 92.
193. March 23, 1998 Hearing at 38-41, 61, attached
as Appendix Exhibit 69; Hill
Affidavit at para. 11, attached as Appendix
Exhibit 68;
194. March 23, 1998 Hearing at 41, attached as Appendix Exhibit 69.
195. Judicial Watch depositions confirmed that
documents from Secretary Brown's
office were shredded by his assistants after
his death. Videotaped Deposition of
Barbara Schmitz at 11:02-11:03 a.m., October
9, 1996 ("Schmitz Depo.");
Videotaped Deposition of Melanie Long at 3:54
p.m., October 10, 1996 ("Long
Depo."); see also "Shredding Tears," The American
Spectator, June, 1996, attached
as Appendix Exhibit 93.
196. March 23, 1998 Hearing at 93-94, attached as Appendix Exhibit 69.
197. Id . at 38-41, 61; Hill Affidavit at para. 11, attached as Appendix Exhibit 68.
198. Declaration of Anthony Das at para. 3,
March 10, 1995, attached as Appendix
Exhibit 94.
199. Deposition of Anthony A. Das at 17-19,
March 27, 1996 ("Das Depo. I"),
attached as Appendix Exhibit 95.
200. Id. at 31-32, attached as Appendix Exhibit
96; Deposition of Anthony A. Das at
41, 43, 46-47, October 9, 1996 ("Das Depo.
II"), attached as Appendix Exhibit 97.
201. Das Depo. II. at 43, attached as Appendix Exhibit 98.
202. Transcript of Motions Hearing at 38-39,
Judicial Watch v. Commerce, August 7,
1996, attached as Appendix Exhibit 99.
203. Declarations of Mary Ann McFate, April
6, 1995, June 6, 1995, June 7, 1995,
July 17, 1995, March 29, 1996, August 23,
1996, October 17, 1996, November 13,
1996, March 5, 1997, and July 23, 1998, attached
collectively as Appendix Exhibit
100.
204. Deposition of Mary Ann McFate at 52, 59-60,
October 15, 1996 ("McFate
Depo."), attached as Appendix Exhibit 101.
205. Id.
206. Some of the persons, such as Ms. McFate,
participating in the false declarations
and other obstruction, recently received $10,000
cash awards from the Clinton
Administration. Plaintiff's Praecipe, Judicial
Watch v. Commerce, March 23, 1998,
attached as Appendix Exhibit 102.
207. Hill Affidavit at para. 11, attached as Appendix Exhibit 68.
208. March 23, 1998 Hearing at 36, attached as Appendix Exhibit 69.
209. Affidavit of Robert G. Adkins at para.
3, January 28, 1997, attached as
Appendix Exhibit 103.
210. Schmitz Depo. at 11:02-11:03 a.m.; Long
Depo. at 3:54 p.m.; see also
"Shredding Tears," The American Spectator,
June, 1996, attached as Appendix
Exhibit 93.
211. Videotaped Deposition of Dalia Traynham
at 3:01-3:07 p.m., November 26,
1996 ("Traynham Depo.").
212. Transcript of Status Call at 38-39, Judicial
Watch v. Commerce, October 18,
1996, attached as Appendix Exhibit 104.
213. See, e.g.,Videotaped Deposition of Laurie
Fitz-Pegado at 16:11 p.m., July 18,
1997 ("Fitz-Pegado Depo."); Videotaped Deposition
of James Hackney at
11:18-11:19 a.m., January 21, 1997 ("Hackney
Depo."); Deposition of John Huang at
199-200, October 29, 1996 ("Huang Depo."),
attached as Appendix Exhibit 105;
Videotaped Deposition of Melissa Moss at 4:59
p.m., October 10, 1996 ("Moss
Depo."); Deposition of Melinda Yee at 289-91,
December 2, 1996 ("Yee Depo."),
attached as Appendix Exhibit 106.
214. Yee Depo. at 144-46, attached as Appendix Exhibit 106.
215. Id. at 154-55, 158.
216. Id. at 108-112.
217. See Videotaped Deposition of David Rothkopf
at 3:57-4:01 p.m., April 1, 1997
("Rothkopf Depo.").
218. Yee Depo. at 154-55, attached as Appendix Exhibit 106.
219. Id. at 206-11, 225-26.
220. Id. at 144-46, 154-55, 160, 208-12.
221. Id. at 160-61, 168-71, 208-09, 212, attached
as Appendix Exhibit 106; see also
"Papers on Fund Raising Trashed, Note-Taker
Says," The Washington Times,
December 6, 1996; "The Tangled Web, Continued,"
The Washington Times,
December 17, 1996; and "Brown's Papers: The
Chase Goes On," Investor's Business
Daily, January 30, 1997; attached collectively
as Appendix Exhibit 107.
222. Memorandum and Order at 2, Judicial Watch
v. Commerce, August 30, 1996,
attached as Appendix Exhibit 108.
223. Yee Depo. at 84-95, 141-44, 160-61, attached as Appendix Exhibit 106.
224. Id. at 305-07; "Papers on Fund Raising
Trashed, Note-Taker says," The
Washington Times, December 6, 1996, attached
as Appendix Exhibit 107.
225. Yee Depo. at 307-10, attached as Appendix Exhibit 106.
226. Lesia Thornton's "Notes to File," attached as Appendix Exhibit 109.
Appendix with Exhibits (226 - 423)
227. Id. at entry dated 10/20/94, 2:15 p.m.
228. Id.
229. Videotaped Deposition of John Ost 11:08-11:10
a.m., May 30, 1997 ("Ost
Depo."); see also "DNC Sought Trips for Big
Donors: ex-Commerce aide," The New
York Post, June 28, 1997; and "Ex-Commerce
Official Testifies DNC Sent
Trip-for-Donations List - Backs Key Part of
Public Interest Firm Judicial Watch's
Suit," The Washington Times, July 1, 1997,
attached collectively as Appendix Exhibit
110.
230. Ost Depo. at 11:08-11:10 a.m.
231. DNC "Minority Donors List," attached as Appendix Exhibit 75.
232. "Commerce Kept List of DNC Donors -- Aide
Backtracks on Department's
Denials," The Washington Times, May 31, 1997;
"Donors List at Commerce Called
'Personal Document'," The Washington Post,
June 1, 1997; "Commerce Admits
Keeping List of Donors," The Washington Times,
June 15, 1997, attached collectively
as Appendix Exhibit 111.
233. Whatley Depo. at 11:36 a.m.; Kearny Depo. at 1:36-1:46 p.m.
234. "Commerce Says List of Donors a Mystery,"
The Times-Picayune, June 1, 1997,
attached as
Appendix Exhibit 112.
235. Traynham Depo. at 2:30-2:31, 2:36-2:37, 2:50-2:52 p.m.
236. Transcript of Status Call at 27, Judicial
Watch v. Commerce, June 27, 1997,
attached as Appendix Exhibit 113.
237. Rothkopf Depo. at 11:06-11:13 a.m.
238. Moss Depo. at 2:41-2:52 p.m.
239. Hill Affidavit at para. 13, attached as Appendix Exhibit 68.
240. March 23, 1998 Hearing at 40-42, attached as Appendix Exhibit 69.
241. March 23, 1998 Hearing at 108-09, attached as Appendix Exhibit 69.
242. Ms. Hill confirmed the familiarity of
Ms. Moss to the President. Id. at 113. She
was also photographed by the press hugging
the President at Secretary Brown's
funeral.
243. Letters and Memoranda from Clinton Commerce
Department files, attached
collectively as Appendix Exhibit 114.
244. Id.
245. "Findings Link Clinton Allies to Chinese
Intelligence," The Washington Post,
February 10, 1998 (Senate Governmental Affairs
Committee "has 'unverified
information' that Huang, the former Lippo
[Group] executive and Democratic
fund-raiser, may have a direct financial relationship
with the Chinese [G]overnment"),
attached as Appendix Exhibit 115.
246. Huang Depo. at 163-64, 172-73, attached as Appendix Exhibit 105.
247. Id. at 177-79, 194-99, 209-219.
248. Huang Chronology at 3-10, attached as
Appendix Exhibit 116; "Huang's Access
to Secrets Was Underestimated -- Actions at
Commerce, Calls to Lippo Compared,"
The Washington Post, April 30, 1997; see also
"For Democrats, All Kinds of
Answers," The New York Times, December 30,
1996, attached collectively as
Appendix Exhibit 117.
249. Huang Depo. at 177-78, attached as Appendix Exhibit 105.
250. "Huang's Access to Secrets Was Underestimated
-- Actions at Commerce, Calls
to Lippo Compared," The Washington Post, April
30, 1997 ("The [Clinton
Commerce] [Department has identified 109 meetings
in 1994 and 1995 attended by
Huang and at which classified information
'might have been discussed'"), attached as
Appendix Exhibit 117.
251. Huang Depo. at 182-192, attached as Appendix Exhibit 105.
252. Id. at 182-83, 190-92.
253. Id.
254. "For Democrats, All Kinds of Answers,"
The New York Times, December 30,
1996,
attached as Appendix Exhibit 117.
255. Videotaped Deposition of Janice Stewart
at 10:59-11:00 a.m., March 19, 1997,
("Stewart Depo.").
256. Plaintiff's Motion to Compel Attorney
General Janet Reno to Obey a Subpoena
for the Diaries of John Huang, Motion to Shorten
Time to Respond, and Request for a
Status Conference Judicial Watch v. Commerce,
July 21, 1997, attached as Appendix
Exhibit 118; see also Plaintiff's Reply to
Opposition of Department of Justice to
Plaintiff's Motion to Compel and Request for
Expedited Oral Argument, Judicial
Watch v. Commerce, August 5, 1997, attached
collectively as Appendix Exhibit 119.
257. Judicial Watch Chairman and General Counsel
Larry Klayman accused the
Justice Department of leaking Hill's sealed
affidavit and then retaliating against her.
Assistant U.S. Attorney Bruce Heygi has yet
to deny leaking the Hill affidavit to "Main"
Justice. See Judicial Watch's Request, Memorandum,
and Rule 108 Certification
Concerning Expedited In Camera Conference
on Newly Discovered Documents
Bearing on Obstruction of Justice, Judicial
Watch v. Commerce, September 9, 1998,
attached as Appendix Exhibit 120.
258. Hill Affidavit at para. 14, attached as Appendix Exhibit 68.
259. Chronology: A History of Clinton Administration
Obstruction in the Continuing
Suit which Uncovered John Huang, the Unauthorized
Removal of Classified Satellite
Encryptions and CIA Reports from the Commerce
Department, and Caused the
Chinagate Scandal at 23-24, Judicial Watch
v. Commerce, May 26, 1998, attached
as Appendix Exhibit 116.
260. Id.
261. Id.
262. Id.
263. Id.
264. Transcript of Arraignment at 7-8, March
20, 1998, attached as Appendix Exhibit
121.
265. Videotaped Deposition of Christine Sopko
at 10:20 a.m., July 2, 1997 ("Sopko
Depo.").
266. Sopko Depo. at 10:20 a.m.; see also Supplemental
Notice to the Court, Judicial
Watch v. Commerce, July 3, 1997, attached
as Appendix Exhibit 122 (noting that
Sopko advised the Clinton Justice Department
of the minority donors list as early as
April 1, 1997).
267. Id.
268. Transcript of Hearing at 8, Judicial Watch v. Commerce, April 4, 1997.
269. Id. at 8.
270. Id. at 8-9.
271. Id. at 11-14.
272. [Un]Sealed Praecipe Concerning Events
Immediately Following Sealed Court
Session of Evening of April 4, 1997, Judicial
Watch v. Commerce, April 7, 1997.
273. Id.; see also D.C. Rules of Professional
Conduct, Rule 8.4(g) (November 1996)
("It is professional misconduct for a lawyer
to . . . seek or threaten to seek criminal
charges or disciplinary charges solely to
obtain an advantage in a civil matter");
Plaintiff's Opposition to Motion for Order
to Show Cause Why Judicial Watch, Inc.
and Larry Klayman Should Not Be Held in Contempt
and Cross-motion for Attorneys
Fees, Costs, and Other Such Relief the Court
Deems Appropriate, Judicial Watch v.
Commerce, June 17, 1997.
274. Order, Judicial Watch v. Commerce, June
27, 1997, attached as Appendix
Exhibit 123.
275. March 23, 1998 Hearing at 84-85, attached as Appendix Exhibit 69.
276. Id. at 100-01.
277. Deposition of Barbara Fredericks at 143-44,
165-66, January 3, 1997
("Fredericks Depo."), attached as Appendix
Exhibit 124; Videotaped Deposition of
Gordon Fields at 1:44-1:47 p.m., April 2,
1997 ("Fields Depo."); Videotaped
Deposition of Judith Means at 10:35 a.m.,
10:41-10:42 a.m., January 6, 1997 ("Means
Depo."); Videotaped Deposition of Elise Packard
at 10:38 a.m., January 9, 1997
("Packard Depo.").
278. March 23, 1998 Hearing at 93-94, attached
as Appendix Exhibit 69; Declaration
of Ronald H. Brown, March 14, 1996, attached
as Appendix Exhibit 91.
279. Id.
280. Declaration of Ronald H. Brown, March
14, 1996, attached as Appendix Exhibit
91.
281. Hill Affidavit at para. 11, attached as
Appendix Exhibit 68; March 23, 1998
Hearing at 38-41, 61, attached as Appendix
Exhibit 69.
282. Lesia Thornton Memo, attached as Appendix Exhibit 109.
283. Means Depo. at 2:13 p.m.
284. Ost Depo. at 11:07-11:17 a.m.
285. Means Depo. at 11:28 a.m.
286. Id.
287. Plaintiff's Request for a Status Conference
During Week of June 9, 1997 or as
Soon Thereafter as Possible, Judicial Watch
v. Commerce, June 4, 1997, attached as
Appendix Exhibit 125.
288. Sopko Depo. at 10:20-21 a.m.
289. Id.
290. Fredericks Depo. at 108, 188-98, 204-07,
attached as Appendix Exhibit 124;
Means Depo. at 12:10 p.m.
291. Schmitz Depo. at 3:01-3:07 p.m.
292. Yee Depo. at 160, attached as Appendix Exhibit 106.
293. Videotaped Deposition of Ira Sockowitz
at 5:01-5:14 p.m., October 28, 1996
("Sockowitz
Depo."); Fields Depo. at 2:31-32 p.m.
294. Videotaped Deposition of Andrea Torczon
at 11:33 p.m., July 1, 1997 ("Torczon
Depo.").
295. Id. at 11:01 a.m.
296. Videotaped Deposition of Ginger Lew at
4:08-4:09 p.m., March 12, 1998 ("Lew
Depo.").
297. Transcript of Status Call at 108, Judicial
Watch v. Commerce, June 27, 1997,
attached as Appendix Exhibit 126.
298. Id. at 86.
299. Indeed, while at a previous post at the
Carter State Department, Ms. Lew, who
was born in China, recommend the removal of
diplomatic recognition for Taiwan, a
position that President Carter later embraced.
This provoked the ire of Senator Jesse
Helms and others.
300. Memorandum and Order at 2, Judicial Watch
v. Commerce, February 1, 1996,
attached as Appendix Exhibit 88.
301. Fields Depo. at 2:14 p.m.
302. March 23, 1998 Hearing at 8, attached as Appendix Exhibit 69.
303. Paul Sperry, "How Honest is Justice's
Probe? -- DOJ Lawyers Have Ties to
Fund-Raiser
Huang," Investor's Business Daily, February
24, 1997; see also Paul Sperry, "Is
Fund-Raising Probe Tainted - Reno's Tactics
Look Suspicious: Ex-Prosecutors,"
Investor's Business Daily, April 15, 1997;
"Vacuum at Justice," The Wall Street
Journal, April 30, 1997; and "The Holder Hearing,"
The Wall Street Journal, June
12, 1997, attached collectively as Appendix
Exhibit 127.
304. Holder admitted that Secretary Brown recommended
him for U.S. Attorney.
"Vacuum at Justice," The Wall Street Journal,
June 12, 1997, attached as part of
collective Appendix Exhibit 127.
305. Holder reportedly also has been offered
a federal judgeship, perhaps even the
next Supreme Court appointment.
306. Transcript from NBC's "Meet the Press"
Interview with Deputy Attorney General
Holder at 4, May 24, 1998, attached as Appendix
Exhibit 128.
307. Defendant's Reply to Plaintiff's Opposition
to Defendant's Motion for Referral of
Cause to a District Judge or Magistrate Judge
for Mediation at 4, Judicial Watch v.
Commerce, April 28, 1997, attached as Appendix
Exhibit 129.
308. "The 99% Cover-Up," Investor's Business
Daily, August 24, 1998, attached as
Appendix Exhibit 130.
309. Roberto Suro, "Reno Concedes Problems
in Funds Probe," The Washington
Post, October
16, 1997, attached as Appendix Exhibit 131.
310. Stewart Depo. at 2:25 p.m.
311. Lew Depo. at 4:29-4:32.
312. Judicial Watch Deponents Questioned by
FBI or Department of Justice, attached
as Appendix Exhibit 132.
313. Memorandum and Order, Judicial Watch v.
Commerce, February 1, 1996;
Order, Judicial Watch v. Commerce, March 21,
1996, attached collectively as
Appendix Exhibit 133.
314. Das Depo. I at 49-54, attached as Appendix Exhibit 96.
315. Transcript of Motions Hearing at 54-57,
Judicial Watch v. Commerce, August 7,
1996, attached as Appendix Exhibit 134.
316. Toni Locy, "Commerce Penalized for Lawyer's
Actions," The Washington Post,
August 8, 1996, attached as Appendix Exhibit
135.
317. Das Depo. I at 40-41, attached as Appendix Exhibit 96.
318. Transcript of Status Call at 38, Judicial
Watch v. Commerce, June 27, 1997,
attached as
Appendix Exhibit 136.
319. Memorandum and Order at 3, Judicial Watch
v. Commerce, February 13, 1997;
see also George Archibald, "Judge Rebukes
Government Lawyer -- Blasts Effort to
Prevent Questioning of Commerce Official,"
The Washington Times, February 4,
1997, attached collectively as Appendix Exhibit
137.
320. Associated Press, "Huang's Access to Secrets
Was Underestimated -- Actions at
Commerce, Calls to Lippo Compared," The Washington
Post, April 30, 1997,
attached as Appendix Exhibit 117.
321. Defendant's Notice of Discharge of Obligation
Pursuant to Its Representation at
December 6, 1996 Status Conference, Judicial
Watch v. Commerce, December 8,
1996, attached as Appendix Exhibit 138.
322. Videotaped Deposition of Dawn Evans Cromer
at 11:36-11:40 a.m., June 20,
1997 ("Cromer Depo."); Videotaped Deposition
of Carola McGiffert at 2:58-3:05
p.m., April 3, 1997 ("McGiffert Depo.").
323. DNC "Minority Donors List," attached as
Appendix Exhibit 75. See also
"Commerce Kept List of DNC Donors -- Aide
Backtracks on Department's Denials,"
The Washington Times, May 31, 1997; Associated
Press, "Donors List at Commerce
Called 'Personal Document'," The Washington
Post, June 1, 1997; and Jerry Seper,
"Commerce Admits Keeping List of Donors,"
The Washington Times, June 15, 1997,
attached collectively as Appendix Exhibit
111.
324. "Orrin Hatch's Matador D," The Wall Street
Journal, June 18, 1997, attached as
Appendix Exhibit 139.
325. Donald Fowler Memorandum to Members of
the Cabinet (with handwritten note
"Janet, Happy New Year") from the files of
Attorney General Reno, December 31,
1995, attached as Appendix Exhibit 140.
326. See, e.g., "Findings Link Clinton Allies
to Chinese Intelligence," The Washington
Post, Feb. 10, 1998 (Senate Governmental Affairs
Committee "has 'unverified
information' that Huang, the former Lippo
[Group] executive and Democratic
fund-raiser, may have a direct financial relationship
with the Chinese [G]overnment"),
attached as Appendix Exhibit 115; see also
"Campaign Finance Key Player: John
Huang," The Washington Post (http://www.washingtonpost.com)
("Investigators are
also exploring whether Huang may have served
as an 'agent of influence' of the
People's Republic of China, perhaps funneling
money from Beijing into American
political campaigns"), attached collectively
as Appendix Exhibit 141.
327. Huang has been described as "the star
witness [the Senate Governmental Affairs
Committee] ha[s] been looking for." See "China
Meddling, Panel Told," USA Today,
July 9, 1997, attached as Appendix Exhibit
142.
328. See "The Department of Political Favors,"
The Wall Street Journal, Oct. 29,
1996. As previously discussed, the Clinton
Commerce Department has consistently
attempted to thwart Judicial Watch's efforts
to conduct discovery on these matters.
Consistent with its "scorched earth" policy
against all who confront the Administration
with its unlawful and/or unethical conduct,
the Commerce Department went so far as to
issue a false, misleading, and defamatory
press release on November 1, 1996, just
days after the October 29, 1996 deposition
of John Huang. It was also the eve of the
1996 presidential election. The official press
release claimed that John Huang "had
absolutely nothing to do with the [Judicial
Watch] FOIA matter," and denounced
Judicial Watch's lawsuit as "reckless" and
"unsubstantiated."(329)
329. "Commerce Department Statement," U.S.
Department of Commerce Press
Release November 1, 1996, attached as Appendix
Exhibit ____. " "
330. Transcript of Status Call at 25-31, Judicial
Watch v. Commerce, October 25,
1996, attached as Appendix Exhibit 144.
331. March 23, 1998 Hearing at 70, attached as Appendix Exhibit 69.
332. See, e.g., "Huang Said 'Top Priority'
for Cabinet Job," Los Angeles Times, July
15, 1997; "John Huang Delivers," The Washington
Post, Oct. 31, 1996 ("A clue to
why Bill Clinton and the Democratic Party
received heavy contributions from
Indonesia's billionaire Riady family: its
successful campaign in 1993 to block the
presidential appointment of an unfriendly
banking regulator"); attached collectively as
Appendix Exhibit 145.
333. "Findings Link Clinton Allies to Chinese
Intelligence," The Washington Post,
February 10, 1998, attached as Appendix Exhibit
115.
334. "Huang Said 'Top Priority' for Cabinet
Job," Los Angeles Times, July 15, 1997,
attached as Appendix Exhibit 145.
335. Huang Depo. at 177-79, 194-99, 209-19,
attached as Appendix Exhibit 105;
1995 Calendar of John Huang, attached as Appendix
Exhibit 146.
336. Huang Chronology at 3-10, attached as
Appendix Exhibit 116; "Huang's Access
to Secrets Was Underestimated -- Actions at
Commerce, Calls to Lippo Compared,"
The Washington Post, Apr. 30, 1997; "For Democrats,
All Kinds of Answers," The
New York Times, Dec. 30, 1996, attached collectively
as Appendix Exhibit 117.
337. "Huang Given Top-Secret Clearance After
Move to DNC," The Washington
Times, February 9, 1997, attached as Appendix
Exhibit 147.
338. Huang Depo. at 177-78, attached as Appendix Exhibit 105.
339. "Huang's Access to Secrets Was Underestimated
-- Actions at Commerce, Calls
to Lippo Compared," The Washington Post, April
30, 1997 ("The [Clinton
Commerce] Department has identified 109 meetings
in 1994 and 1995 attended by
Huang and at which classified information
'might have been discussed"), attached as
Appendix Exhibit 117.
340. "Huang Used Office Across Street," USA
Today, July 18, 1997, attached as
Appendix Exhibit 148.
341. Id.; see also "Panel Hears of Huang's
Frequent Visits to Firm," The Washington
Post, July, 18, 1997 ("[Huang] also sometimes
picked up letter-sized 'packages' that
were delivered to him there, [Greene] said"),
attached as Appendix Exhibit 149.
342. "Huang Given Top-Secret Clearance After
Move to DNC," The Washington
Times, February 9, 1997, attached as Appendix
Exhibit 147.
343. Id. (Emphasis added).
344. "Congressman Accuses Huang of Passing
Secrets to Ex-employer," USA Today,
June 13-15, 1997, attached as Appendix Exhibit
150.
345. See, e.g., "Spies Tell Panel Huang May
Have Risked Lives," New York Post, July
17, 1997; "Did Huang Briefings Put Lives at
Risk?," The Washington Times, July 1,
1997, attached collectively as Appendix Exhibit
151.
346. "FBI Had Overlooked Key Files In Probe
of Chinese Influence," The
Washington Post, November 14, 1997, attached
as Appendix Exhibit 152.
347. Huang Depo. at 164-66, attached as Appendix Exhibit 105.
348. See, e.g., "Huang, While at Commerce Department,
Talked to Democratic
Fund-Raisers," The Wall Street Journal, Nov.
13, 1996; David Willman and Alan C.
Miller, "Records Show Visits to Eximbank Director,"
Los Angeles Times, January 29,
1997, attached collectively as Appendix Exhibit
153.
349. "Panel Hears of Huang's Frequent Visits
to Firm," The Washington Post, July 18,
1997 (" . . . the DNC credited Huang for soliciting
two contributions totaling $17,000
from [Lippo executive Kenneth] Wynn while
Huang was working at Commerce."),
attached as Appendix Exhibit 149.
350. "DNC Fund-Raiser Huang Visited White House
Often," The Washington Post,
Oct. 31, 1996, attached as Appendix Exhibit
154.
351. See, e.g., "Huang, While at Commerce Department,
Talked to Democratic
Fund-Raisers," The Wall Street Journal, Nov.
13, 1996, attached as Appendix
Exhibit 153.
352. See Huang Chronology at 3-10, attached
as Appendix Exhibit 116; "Sullivan
Says Huang Unusual Hire," USA Today, July
10, 1997 ("When Huang came to the
DNC in November 1995...[h]e had no professional
fund-raising experience...[b]ut
Huang had powerful, insistent patrons who
really wanted him to get the job. One of
them was the [P]resident of the United States.
So Huang became the third-ranking
fund-raiser at the DNC"), attached as Appendix
Exhibit 155.
353. See, e.g., "DNC Sought Trips for Big Donors:
ex-Commerce Aide," The New
York Post, June 28, 1997 ("The DNC agreed
to return much of the money raised by
Huang after that money was found to be foreign
and illegal"), attached as Appendix
Exhibit 110; "Findings Link Clinton Allies
to Chinese Intelligence," The Washington
Post, February 10, 1998 ("Huang, the former
Lippo executive and Democratic
fund-raiser, may have a direct financial relationship
with Chinese government. Last
year, the DNC returned more than half of some
$3 million Huang collected for the
party, saying its origins could not be established"),
attached as Appendix Exhibit 115.
354. Huang Depo. at 2, attached as Appendix
Exhibit 105; see also "How Honest is
Justice Probe? DOJ Lawyers Have Ties to Fund-Raiser
Huang," Investors Business
Daily, February 24, 1997 ("The Justice Department
is defending some of the same
Commerce Department officials it's investigating
for illegal fundraising"), attached as
Appendix Exhibit 127.
355. "The Department of Political Favors,"
The Wall Street Journal, October 29,
1996, attached as Appendix Exhibit 143.
356. "An Inside Job at Commerce? - Satellite
Secrets Left Department With Official,"
Investors Business Daily, June 19, 1998, attached
as Appendix Exhibit 156.
357. See, e.g., "The Mysterious Actions of
Ira Sockowitz," Human Events, February
28, 1997 ("On Aug. 2, 1996, Ira Sockowitz
formally left his job as a Commerce
Department lawyer...[w]hen [he] walked out
of the Commerce Department building he
carried a box containing 136 documents, many
of them classified"), attached as
Appendix Exhibit 157.
358. Videotaped Deposition of Jeffrey May at
11:31-11:37 a.m., June 10, 1997
("May Depo.").
359. See, e.g., "An Inside Job at Commerce?
- Satellite Secrets Left Department With
Official," Investors Business Daily, June
19, 1998, attached as Appendix Exhibit 156;
"'Commerce-ial' Espionage?,"Insight, September
1, 1997 ("The classified information
Sockowitz took was so sensitive it threatened
to put the National Security Agency, or
NSA, out of business"), attached as Appendix
Exhibit 158.
360. "An Inside Job at Commerce? - Satellite
Secrets Left Department With Official,"
Investors Business Daily, June 19, 1998, attached
as Appendix Exhibit 156.
361. Sockowitz Depo. at 3:37-3:38, 5:01-5:08 p.m.
362. Sockowitz Depo. at 4:50 p.m.
363. Id. at 5:01 p.m.
364. Lew Depo. at 4:25-4:26 p.m.
365. Notice of Filing of Declaration by Non-Party
SBA-IG Pursuant to November 5,
1996 Order, Judicial Watch v. Commerce, November
13, 1996; see also Declaration
of James F. Hoobler, Inspector General for
the SBA at 1-2, November 13, 1996,
attached collectively as Appendix Exhibit
159.
366. Notice of Filing of SBA's (Redacted) Document
Inventory; Notice of Filing of
Declaration by Non-Party SBA-IG Pursuant to
November 5, 1996 Order, Judicial
Watch v. Commerce, November 13, 1996; see
also "Secret Papers' Move Probed for
DNC Links," The Washington Times, February
14, 1997 ("'The documents are so
classified that we were not allowed to look
at them,' a congressional source said...FBI
and congressional investigators, the sources
said. are trying to determine if the
documents were being stored for Mr. Huang
. . . .") attached collectively as Appendix
Exhibit 160.
367. Terrence P. Jeffrey, "The Mysterious Actions
of Ira Sockowitz," Human Events,
February 28, 1997, attached as Appendix Exhibit
157.
368. March 23, 1998 Hearing at 97, attached as Appendix Exhibit 69.
369. Id.
370. Fitz-Pegado Depo. at 11:02-11:08 a.m.
371. "FAQ" and "Investors Relations" pages
from Iridium's Internet site, attached as
Appendix Exhibit 161.
372. Id.
373. Notice of Filing of SBA's (Redacted) Document
Inventory, Judicial Watch v.
Commerce, November 1, 1996, attached as Appendix
Exhibit 160; Notice of Filing of
Declaration by Non-Party SBA-IG Pursuant to
Nov. 5, 1996 Order, Judicial Watch
v. Commerce, November 13, 1996, attached as
Appendix Exhibit 159.
374. Fitz-Pegado Depo. at 10:15-10:36 a.m.,
10:42-11:23 a.m., and 2:22 p.m.; see
also "'Commerce-ial' Espionage?" Insight,
Sept. 1, 1997, attached as Appendix
Exhibit 158.
375. "An Inside Job at Commerce? - Satellite
Secrets Left Department With Official,"
Investors Business Daily, June 19, 1998, attached
as Appendix Exhibit 156.
376. Id.
377. Id.
378. Id.
379. Id.
380. "Big Donors Call Favorable Treatment a
'Coincidence'," The Washington Post,
May 25, 1998, attached as Appendix Exhibit
162.
381. Id.
382. "Loral CEO Frequent Administration Guest,"
The Associated Press, May 21,
1998, attached as Appendix Exhibit 163.
383. The satellite encryptions were likely
provided to Sockowitz by Hoyt Zia, Chief
Counsel for the Commerce Department's Bureau
of Export Control. During his
deposition, Huang admitted that Zia, who he
was in contact with him during his flight
from U.S. marshals prior to his deposition,
is a close friend. Chronology: A History of
Clinton Administration Obstruction in the
Continuing Suit Which Uncovered John
Huang, the Unauthorized Removal of Classified
Satellite Encryptions and CIA Reports
from the Commerce Department, and Caused the
Chinagate Scandal at 20, Judicial
Watch v. Commerce, May 26, 1998, attached
as Appendix Exhibit 116. After Huang
left the Commerce Department to work for the
DNC, Zia, who was also deposed,
admitted that he and other Asian Americans
in the Clinton Administration would meet
with Huang during the evenings to help with
DNC fundraising. Id.; see also Kenneth R.
Timmerman, "Loral Exams," The American Spectator,
July 1998, attached as
Appendix Exhibit
163.
384. Defendant's Motion for a Protective Order,
Judicial Watch v. Commerce, April
9, 1997, attached as Appendix Exhibit 164.
385. Id.; Defendant's Memorandum of Points
and Authorities in Support of Motion for
a Protective Order at 1, Judicial Watch v.
Commerce, April 9, 1997, attached as
Appendix Exhibit 164.
386. "Loral CEO Frequent Administration Guest,"
The Associated Press, May 21,
1998, attached as Appendix Exhibit 163.
387. Defendant's Motion for a Protective Order;
Defendant's Memorandum of Points
and Authorities in Support of Motion for a
Protective Order at 5-6, Judicial Watch v.
Commerce, April 9, 1997, attached as Appendix
Exhibit 164.
388. "Democrat Fund-Raiser Said to Name China
Tie," The New York Times, May
15, 1998 ("At one fund-raiser to which Chung
gained admission for her, she was
photographed with President Clinton"), attached
as Appendix Exhibit 165.
389. "Liu Deals With Chung: An Intercontinental
Puzzle," The Washington Post, May
24, 1998, attached as Appendix Exhibit 166.
390. "Findings Link Clinton Allies to Chinese
Intelligence," The Washington Post,
February 10, 1998, attached as Appendix Exhibit
115.
391. "Campaign Finance Key Player: Yah Lin
'Charlie' Trie," The Washington Post
(http://www.washingtonpost.com), September
26, 1998, attached as Appendix Exhibit
167.
392. "Panel Looks at Fund-Raiser's Access,"
The Associated Press, February 26,
1998, attached as Appendix Exhibit 168.
393. Sopko Depo. at 11:25 a.m.
394. Sopko Depo. at 11:57 a.m
395. Sopko Depo. at 2:06 p.m.
396. "Trie Enters Plea of Not Guilty," The
Washington Post, February 6, 1998,
attached as Appendix Exhibit 169.
397. Clinton Commerce Department Office of
Business Liaison Memos (from Sally
Painter to Melissa Moss), attached collectively
as Appendix Exhibit 76.
398. "Memorandum from Eric Silden Re: Trade
Mission to Russia," January 13, 1994,
attached as Appendix Exhibit 77.
399. "Probe Looks at Trips, Fund Raising,"
The Associated Press, September 17,
1998 attached as Appendix Exhibit 170.
400. Order, Judicial Watch v. Commerce, September
11, 1998, attached as
Appendix Exhibit 171.
401. March 23, 1998 Transcript at 99-100, attached as Appendix Exhibit 69.
402. Defendant Federal Election Commission's
Motion for Sanctions Under Rule 11,
Judicial Watch, Inc. v. Federal Election Commission,
C.A. No. 1:98CV00386
(D.D.C. June 8, 1998), attached as Appendix
Exhibit 172.
403. Memorandum Opinion at 6, Judicial Watch,
Inc. v. Federal Election
Commission, C.A. No. 1:98CV00386 (D.D.C. July
6, 1998), attached as Appendix
Exhibit 173.
404. Statement of Senator John McCain, Chairman,
Senate Committee on Commerce,
Science and Transportation, Full Committee
Hearing on the Transfer of Satellite
Technology to China, September 17, 1998, attached
as Appendix Exhibit 174.
405. The above substantial and credible evidence
shows the likely violation of the
following federal laws: 18 U.S.C.§ 201
(bribery of public officials and witnesses), 18
U.S.C. § 211 (acceptance or solicitation
to obtain appointive public office), 18 U.S.C.
§ 371 (conspiracy to commit offense or
to defraud United States), 18 U.S.C. § 372
(conspiracy to impede or injure officer),
18 U.S.C. § 402 (contempts constituting
crimes), 18 U.S.C. § 494 (uttering or
publishing a false public record), 18 U.S.C. §
600 (promise of employment or other benefit
for political activity); 18 U.S.C. § 601
(deprivation of employment or other benefit
for political contribution); 18 U.S.C. § 607
(use of a public building to solicit political
funds), 18 U.S.C. § 792 (harboring or
concealing persons involved in espionage),
18 U.S.C. § 793 (gathering, transmitting or
losing defense information), 18 U.S.C. §
794 (gathering or delivering defense
information to aid foreign government), 18
U.S.C. § 798 (disclosure of classified
information), 18 U.S.C. § 1016 (making
a false acknowledgment), 18 U.S.C. § 1503
(obstruction of justice), 18 U.S.C. §
1505 (obstruction of proceedings before
departments, agencies, and committees), 18
U.S.C. § 1509 (obstruction of court
orders), 18 U.S.C. § 1510 (obstruction
of criminal investigation), 18 U.S.C. § 1512
(tampering with a witness, victim, or an informant),
18 U.S.C. § 1513 (retaliating
against a witness, victim, or an informant),
18 U.S.C. § 1621 (perjury), 18 U.S.C. §
1622 (subornation of perjury), 18 U.S.C. §
1623 (false declarations before grand jury
or court), 18 U.S.C. § 1924 (unauthorized
removal and retention of classified
documents or material), 18 U.S.C. § 2071(b)
(concealment, removal, or mutilation of
public records), and 2 U.S.C. § 441e
(contributions by foreign nationals).
406. Presidential Legal Expense Trust, June
28, 1994, attached as Appendix Exhibit
175.
407. See Correspondence of Congressman Christopher
Cox and Congresswoman
Deborah Pryce to the Office of Government
Ethics at 1, Aug. 3, 1994 ("Congressional
Correspondence"), attached as Appendix Exhibit
176.
408. 5 U.S.C. § 7353 (a) (emphasis added); Congressional Correspondence at 2.
409. Congressional Correspondence at 2 (quoting 5 C.F.R. § 2635.202(a)).
410. 5 C.F.R. § 2635.202(a)) (1998) (emphasis added).
411. Congressional Correspondence at 2.
412. See, e.g., Paul A. Gigot, "Why a President
Shouldn't Have to Go Begging," The
Wall Street Journal, July 1, 1994, attached
as Appendix Exhibit 177.
413. See Complaint at para. 21, Judicial Watch,
Inc. v. Hillary Rodham Clinton, et
al., Case No. 94-1688 (Aug. 4, 1994), attached
as Appendix Exhibit 178; see also
Presidential Legal Expense Trust, June 28,
1994, attached as Appendix Exhibit 175.
414. 5 U.S.C. App. 2, attached as Appendix Exhibit 179.
415. Memorandum Opinion at 6, 11, Judicial
Watch, Inc. v. Hillary Rodham
Clinton, et al., Case No. 94-1688 (Feb. 21,
1995), attached as Appendix Exhibit
180. The court also noted that "[t]o the court's
knowledge, there have been no other
funds established by a sitting president to
offset his personal legal fees and costs. Id. at
6.
416. See Letter to Judicial Watch, Inc. from
John C. Keeney, Deputy Assistant
Attorney General, Criminal Division, U.S.
Department of Justice, Aug. 30, 1994,
attached as Appendix Exhibit 181. It is interesting
to note that Keeney's son is one of
John Huang's personal lawyers, and represented
Huang during his Judicial Watch
deposition.
417. See, e.g., Peter Baker, "Clinton Defense
Fund Gave Back $640,000," The
Washington Post, Dec. 17, 1996 ("When Trie
arrived, he told [the Executive Director
of the Trust] he had heard about the Clintons'
financial troubles and wanted to help. He
then produced two large manila envelopes filled
with hundreds of checks and money
orders, most for $1,000 or less ...."); Stephen
Labaton, "White House Reports Many
Visits by Fund-Raiser," The New York Times,
Dec. 19, 1996; Associated Press,
"Donations Raiser Often at White House," The
Washington Times, Dec. 19, 1996;
"Trie Often Paid Visits to the White House,"
The Wall Street Journal, Dec. 19, 1996;
Ruth Marcus, "Businessman Trie Has Visited
White House At Least 23 Times," The
Washington Post, Dec. 19, 1996; Peter Baker
& Ruth Marcus, "Clinton Kept Ties to
Key Supporter Despite Doubts," The Washington
Post, Dec. 18, 1996; attached
collectively as Appendix Exhibit 182.
418. See, e.g., Jeanne Cummings, "Clinton Closes
Fund for His Legal Fees After
Steep Drop in Contributions in '97," The Wall
Street Journal, Dec. 31, 1997; John F.
Harris, "President Decides to Close Money-Losing
Defense Fund," The Washington
Post, Dec. 31, 1997; Neil A. Lewis, "Clinton
Legal Fund Proves Inadequate; New
Effort Sought," The New York Times, Dec. 31,
1997; attached collectively as
Appendix Exhibit 183. To this day, the Clintons
have never returned the interest
accrued on the illegal Communist Chinese monies
laundered into the Trust by Charlie
Trie.
419. See, e.g., The Clinton Legal Expense Trust
("the second Trust"), Feb. 17, 1998;
Letter from Judicial Watch, Inc. to Anthony
F. Essaye, Esq., Sept. 1, 1998; attached
collectively as Appendix Exhibit 184.
420. Id. See also Peter Baker, "President Testified
to Late Gifts to Lewinsky," The
Washington Post, Aug. 22, 1998 ("[t]he newly
reconstituted defense fund, operat[es]
with looser rules governing solicitations
and large donations"); Don Van Natta, Jr.,
"Clinton Defense Fund Nets More Than $2 Million
in 6 Months," The New York
Times, Aug. 13, 1998 ("[t]he new trust is
free of some of the restrictions that had been
on the original fund prohibiting solicitations
and limiting annual contributions to $1,000
per individual"), attached collectively as
Appendix Exhibit 185.
421. Id.
422. This was disclosed during Senator Fred
Thompson's campaign finance hearings
before the Governmental Affairs Committee.
423. Peter Baker, "Clinton Consults Former
Fund-Raiser About Jones Deal," The
Washington Post, September 27, 1998, attached
as Appendix Exhibit 186.