- 2 restrictive security measures taken with regard to these documents, Mr. Fiske has himself made documents available to the White House Counsel for the very purpose of preparing witnesses to testify before Congress. (May 17, 1994 Article, Washington Post, attached hereto as Exhibit L.) Moreover, as this Court recognized at argument, federal agencies -- including Defendants -- release documents during criminal investigations all the time. Second, Defendants express skepticism about Congress' ability to maintain the confidentiality of the documents. This argument has been repeatedly rejected by the Courts. FTC v. Owens-Corning Fiberglas Corp., 626 F.2d 966 (D.C. Cir. 1980); Exxon Comp. v. FTC, 589 F.2d 582 (D.C. Cir. 1978), cert. denied, 441 U.S. 943 (1979). Indeed, Defendants never worried about this during the Columbia, Lincoln, Silverado, or CenTrust investigations. Next, Defendants reargue the equitable discretion doctrine, but still do not deny that the doctrine has never been invoked in a case - such as this one -based upon a statute expressly granting judicial review. Defendants conclude by arguing in essence, that the Court should stay the proceedings even if the law is to the contrary because such a decision would be unreviewable. Perhaps Defendants make decisions for partisan motives on the (incorrect) assumption that those decisions will not be reviewed, but the federal judiciary -- and this Court in particular -- has never taken such an expedient course. - 3 CONCLUSION For the reasons stated, Defendants' memorandum should be stricken as an unauthorized filing. DATED: July 19, 1994 Respectfully submitted, Bobby R. Burchfield 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20044 (202) 662-6000 Attorneys for the Plaintiff Chington Post May 17, 1994 First Phase of Whitewater Investigation Is Near End, Fiske Tells White House By Ann Devroy and Susan Schmidt W White House officials say Whitewater special counsel Robert B. Fiske Jr. has told them he is nearing the end of the first phase of his investigation, prompting their own internal investigation in preparation for sunimer congressunal hearings. White House Counsel Lloyd N. Cutler said yesterday that he has obLained an agreement from the Treasury Departinent for access to its documents related to contacte White House officials had with Treasury ofGrints about Whitewater. Fiske yesterday declined to my how close he is to determining whether those contacts were inproper or illegal, but said, "It cer tainly ten't over." Fiske said White House officials re cently asked him whether they would be interfering with his investigation if they reviewed the Treasury documents. Fiske said he told them his in vestigation was at a point where such a review would not interfere. That's all we told them," said Fiske, adding that White House afficials were not asking whether they should take such a step. Political appointees at Treasury have been running the federal Reso lution Trust Corp. and had access to information about the criminal and civil caves arising out of the failure of Madison Guaranty Savings & Loan in Arkansas. Madison was owned by James B. McDougal, jnist owner with the Clintons of the Whitewater real estate venture the Ozark Mountains Senior Treasury and White House officials had a series of meetings about the Madison-Whitewater investigation beginning last fall. Twelve officials in all have testified before a grand jury, and Plake has subpoenaed all related documen Cutler said yesterday that had "withdrawn any objectio White House obtaining sury copies of docum and of her written material thous contacts. Fiske origin asked officials at the White and at Treasury no Juct in W the contacts stances that do not interfere with Fiske's investigation. Senate Majorty Leader George J. Mitchell (DMaine) saed Sunday of hearings, "We Are going to do it as promptly as we can, do it right after the conclusion of the first phase." Mitchell and Senate Minority Leader Robert J. Dole (R-Kan.) have been engaged in periodic negot tions over the timing and scope of any congressional hearing. Flake said he planned to prompety issue a forensic report on Foster. putting to rest questions abou whether there was foul play or if e committed suicide, as a Virgini medical examiner has ruled. Some sources close to the WHIC probe likely to go into 1995 House say they expect the report to LLOYD IL. CUTLER White House probe to begin VINCENT FOSTER ... report on his death promised Cuth and the White Thor's pr mary novel for the ducum was to prepare for congressional harm where White House and Treasury officials wight have to appear. The Latus of those hearings has been in limbo, awaiting word from Flake that would no longer object to at least dealing with the White enste has voted to conduct at a time and under circun be issued soon and bebeve it conclude Foster's death was a s cide. However. Flake issued a broad subpoena two weeks ago that seeks to track documents that were in Foster's office at the time of his death. It could not be learned wheth er that information will be pursued separately or become part of the report on his death. Fiske's investigation now seems likely to stretch well into 1995. Flake is stal adding to his staff of more than 30 lawyers and investig tor: Two more lawyers were hired a week ago, and a message to FBI bureaus around the country last month old Fiabe is seeking agents with backgrounds in financial and white-collar crime. In addition to the Washington end of the probe, the special counsel's office has been investigating the af faire of Madison Guaranty and the Rose Law Firm. Former manicipal Judge David Hale, who pleaded guilty to fraud charges and le cooperating with Flake, has appeared repeatedly batc jury in Lit tle Rock, cources Hale, who company bec news Administ nture capital the Small Bustalleged that he was pressured in the mid-1980s by then-Gov. But Cliston, Mr Dougal and Jim Guy Tucker (D), current Arness governor, to make fraudulent loans. One loan, in the amount of $300,000. was used to an advertising company owned by Susan McDougal, and at least some of that money ended up huying land in Whitewater's name. Clinton and McDongal hoth way the Clintumn dirt at konw the SDAbacked kan was used for Whitewater Land. Hale, who made his allegations public last fall, has largely disap peared from view. Court officials in Little Rock said he has at times bren placed under FBI protection. la addition to pressing forward on the Hale allegations, Fiske's staff has been poring over records at the Ross Law Firm, where Foster, Hillery Rodham Clinton and former USOciate attorney general Webster L Hubbell were all partners before coming to Washington. ke recently delivered a 31Rot of clients and caes files. related Hubbell's activities the firm, sources said. Among ther things the special counsel's office is investigating Hubbell's hairdling of a Madison-related inwsuit for the government and the kn hill he submitted. - 3 CONCLUSION For the reasons stated, Defendants' memorandum should be stricken as an unauthorized filing. DATED: July 19, 1994 Respectfully submitted, Bobby R. Burchfield 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20044 (202) 662-6000 Attorneys for the Plaintiff thington Post May 17, 1994 First Phase of Whitewater Investigation Is Near End, Fiske Tells White House By Ann Devroy and Susan Schmidt White House officials any Whitewater special counsel Robert R. Fiske Jr. has told them he is nearing the end of the first phase of his investigation, prompting their own internal investigation in preparation for sunimer congressunal hearings. White House Counsel Lloyd N. Cutler said yesterday that he has obLained an agreement from the Treasury Departinent for access to its documents related to contacts White House officials had with Treasury officials about Whitewater. Fiake yesterday declined to say how close he is to determining whether those contacts were inproper or legni, but amid, "It cer taly isn't over." Fiske said White House afficials re cently asked him whether they would be interfering with his investigation if they reviewed the Treasury documenia. Fiske asid he told them his i vestigation was at a point where such a review would not interfere. That's all we told them," said Fiske, adding that White House offlcials were not saking whether they should take such a step. Political appointees at Treasury have been running the federal Resolution Trust Corp. and had access to information about the criminal and civil cases arising out of the failure of Madison Guaranty Savings & Loan in Arkansas. Madison was owned by James B. McDougal, inst owner with the Clintons of the Whitewater real estate venture in the Osark Mountains. Senior Treasury and White House officials had a series of meetings about the Madison-Whitewater investigation beginning last fall. Twelve officials in all have testified before a grand jury, a Plake has subpornsed all related do Cutler said yesterday th had withdr any o White Hou ROBERT B. FISKE AL ...probe likely to go into 1995 ... report on his death promised Cutler and the White Thur's mary novel for the ducum was to prep for congressinmal hearing where ite House and Treasury officia might have to a The atus of those bearings has been in aiting word from Flake that o longer object se dealing with the White Senate has voted to conduct rings at a time and under cirrun stances that do not interfere with Fiske's investigation. Senate Majorty Leader George J. Mitchell (DMaine) and Sundary of hearings. "We Are going to do it as promptly as we can, do it right after the conclusion of the first phase." Mitchell and Senate Minority Leader Robert J. Dole (R-Kan.) have been engaged in periodic negolia tions over the timing and scope of any congressional hearings. Flake said he planned to promptly issue a forensic report on Foster. putting to rest questions about whether there was foul play or if the committed suicide. as a Virginia medical examiner has ruled. Some sources close to the White House my they expect the report to be issued soon and bebeve it will conclude Foster's death was a s cide. However, Flake issued a broad subpoena two weeks ago that seeks to track documents that were in Foster's office at the time of his death. It could not be learned wheth er that information will be pursued seperately or become part of the report on his death. Fiske's investigation now seerns likely to stretch well into 1995. Flake is still adding to his staff of more than 30 lawyers and investig tors: Two more lawyers were hired a week ago, and a message to FBI bureaus around the country last month said Fiabe in seeking agents with backgrounds in financial and white-collar crime. of the f a end probe, the 's office has been investigating Lairs of Madison Guaranty Rose Law Firm. Former Une |