-Caveat Lector-

http://www.judicialwatch.org/press_release.asp?pr_id=622

FOR IMMEDIATE RELEASE
October 11, 2000
Contact: Press Office
(202) 646-5172

OFFICE OF INDEPENDENT COUNSEL REFERS WHITE HOUSE AND ATTORNEYS TO
FILEGATE COURT FOR APPROPRIATE REMEDIES

Independent Counsel Provides Evidence That Michelle Peterson Lied
During Testimony Solicited by Judicial Watch

Sheryl Hall, The Whistleblower Who Revealed The E-Mail Scandal,
Previously Testified That Statements Were Made by Ms. Peterson
Indicating The Clinton-Gore White House’s Strategy Was To Delay
The Proceedings Until The Clintons Left Office

(Washington, D.C.) In documents released today by the Honorable
Royce C. Lamberth of the U.S. District Court for the District of
Columbia, it was revealed that the White House and its counsel
Michelle Peterson – the individual who Sheryl Hall testified told
her of a plan to delay Judicial Watch’s Filegate lawsuit until
the Clintons left office – may be subject to harsh penalties for
allegedly providing false evidence in Judicial Watch’s ongoing
Filegate lawsuit. A letter from the Office of Independent Counsel
(OIC), signed by Jay Apperson, Deputy Independent Counsel, states
in part: The ongoing litigation in Alexander over which you have
presided, has included the testimony of former members of the
White House Counsel’s Office concerning record search and
production practices within that office, including their practice
with respect to searches and production in connection with this
Office’s investigations. On August 28, 2000, Michelle Peterson,
former Associate Counsel to the President provided testimony
suggesting that the policy and practice of the White House
Counsel’s Office during her tenure there was to disclose to
investigative entities when responsive records were discovered
after the time in which they should have been produced and to
explain to the investigators why such records had not previously
been found and produced. The transcript of her testimony ...
reflects that Ms. Peterson testified:

. . . with respect to both Congress and the Independent Counsel,
it was unfortunately not that uncommon that documents would turn
up after we had made a production, and we would have to produce
them and explain why they hadn’t been found before.

. . . I recall it happening on more than one occasion with
respect to Independent Counsel Office. . . .

The transcript . . . then reflects the following question and Ms.
Peterson’s answer:

Q. Is it your policy nevertheless to make those disclosures
whenever it occurred that there were incomplete responses made?

A. It was certainly my practice and it was certainly the policy
and practice of Mr. Ruff who headed the office as soon as
anything was found that had not been produced, we were required
to immediately produce it. . . .

This Office is aware that this testimony is contrary to the
practice of that office during the time period in which Ms.
Peterson was Associate Counsel, and perhaps more important, that
Ms. Peterson should reasonably be aware of this fact in that she
personally participated in such contrary practice. This Office
has an obligation to assure that inaccurate testimony is
corrected, and assure that counsel fulfill their professional
obligation to assure such correction. Ms. Peterson was the White
House lawyer who conducted the so-called “test” upon which the
Clinton-Gore Administration relies to justify the non-disclosure
of the missing e-mail, which is the subject of the ongoing e-mail
evidentiary hearings before Judge Lamberth. The referral by the
OIC to Judge Lamberth calls into question the White House claims
of a “good faith bureaucratic snafu,” particularly since Mr.
Apperson’s letter also reflects that White House counsel Lanny
Breuer’s practice was not to bring after-discovered documents to
the attention of appropriate tribunals.

“Judicial Watch applauds the diligence of Deputy Independent
Counsel Jay Apperson in bringing these serious matters to the
attention of the Court. They point to a pattern and practice by
the Clinton-Gore White House of obstructing justice and lying in
the various Clinton-Gore scandals,” stated Judicial Watch
Chairman and General Counsel Larry Klayman.

© 2000, Judicial Watch, Inc., ® All rights reserved.


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